Chapter 6.04
ANIMAL CONTROL
Sections:
6.04.030 Violations as nuisances – Infractions.
6.04.040 Violations as crimes – Misdemeanors.
6.04.100 Exotic and/or wild animal – Permit required.
6.04.200 Quarantine of rabid or potentially rabid animals.
6.04.210 Trapping or impounding destructive or nuisance animals.
6.04.310 Impound of animals – Notification of owners.
6.04.320 Impounded animals – Redemption fee(s).
6.04.330 Term of impoundment – Disposition of unhealthy or wild animals.
6.04.340 Disposition of animals not redeemed.
6.04.350 Animals impounded – If unredeemed, restitution.
6.04.400 Voluntary pickup and disposition fees.
6.04.510 Pet shop rules and regulations – Authority.
6.04.540 Pet shops – Annual permit fees.
6.04.010 Purpose.
The purpose of this chapter is to regulate animal conduct. Nothing in this chapter shall be intended nor construed to create any liability on the part of the City, its officers, employees, agents or contractors. It is not the purpose nor intent of this chapter to create on the part of the City, its employees or agents any special duties to or relationship with specific individuals. This chapter has been enacted for the welfare of the public as a whole. Where specifically applicable, Chapter 6.08 EMC relating to dogs and Chapter 6.12 EMC relating to domestic livestock shall supersede the provisions of this chapter. [Ord. 764 § 2, 2016; Ord. 400 § 1, 1990.]
6.04.020 Definitions.
The following terms and phrases shall be applicable to this title and shall have the indicated meanings unless the context clearly requires a different meaning:
A. “Allow” means to permit by neglecting to restrain or prevent.
B. “Animal” shall have its commonly understood meaning.
C. “Animal Control Officer” means any Everson law enforcement officer, or City employee designated by the Mayor or contracted agent or agency of the City engaged for the purpose of enforcing this title and the laws of the State of Washington as they pertain to animal control and welfare.
D. “Animal shelter” refers to a facility used to care for homeless, stray or unwanted animals by the City, Whatcom County or any authorized animal welfare society, and may include more than one location.
E. “At large” means to be off the premises of the owner while not under the control of either the owner or a person authorized by the owner.
F. “Dog” means any member, male or female, of the family Canis familiaris or any dog-appearing animal that is kept as a domestic pet.
G. “Domestic animals” includes domestic livestock and domestic pets.
H. “Exotic animal” refers to any animal, whether bird, mammal, amphibian, reptile, or arthropod, not native to or usually domesticated in the United States.
I. “Good animal husbandry” includes, but is not limited to, the dehorning of cattle and other horn bearing livestock, and the castration or neutering of any animal, according to accepted practices of veterinary medicine or normally accepted animal husbandry.
J. “Harboring” means the maintenance of any premises on which an animal remains or to which it customarily returns regularly for food and care.
K. “Livestock, domestic” refers to animals owned or used for agricultural purposes, including, but not limited to, domestic horses, cattle, sheep, llamas, goats, swine, donkeys, mules, fowl and rabbits.
L. “Owner” means any person, firm, corporation, organization or department possessing, harboring, keeping, having any interest in, or having control or custody of an animal.
M. “Pet shop” is any establishment or premises maintained for the purchase, sale or exchange of animals as pets.
N. “Pets, domestic” refers to animals owned or harbored for companionship or enjoyment, including, but not limited to, dogs, cats, rabbits, guinea pigs, hamsters, gerbils, parrots and other similar birds.
O. “Psittacine bird” includes all birds commonly known as parrots, macaws, cockatoos, lovebirds, parakeets and all other birds of the order Psittaciformes.
P. “Stray animal” means any unidentified dog, cat or other animal, whose owner is unknown or who has no owner, is declared to be a nuisance, and any such stray may be seized and impounded. Stray animal includes any dog, cat or other animal appearing or remaining in a neighborhood or any public place without an apparent home.
Q. “Vicious animal” includes any whose temperament or habits create danger of injury to persons or other animals or create a reasonable apprehension of injury to persons or other animals.
R. “Wild animal” means an animal native to the United States, and not normally domesticated, raised or bred by man. [Ord. 764 § 3, 2016; Ord. 400 § 1, 1990.]
6.04.030 Violations as nuisances – Infractions.
Violation of any of the following requirements or standards shall constitute a nuisance:
A. The owner or keeper of any animal shall not allow it to be at large or not under control.
B. No person, other than its owner or keeper, or Animal Control Officer shall remove the license tag from any animal required to be licensed.
C. No animal, whether confined, tethered or loose, shall be allowed on any public property including school grounds and parks without the prior consent of the applicable public agency; provided, this provision shall not apply to a specially trained dog assisting a visually handicapped person.
D. No animal may enter and no person shall cause permit or allow any animal to enter or remain in any place where food is prepared, served, stored or sold to the public; provided, this provision shall not apply to a specially trained dog assisting a visually handicapped person.
E. No person, other than its owner or keeper, or an Animal Control Officer is permitted to release any animal from confinement.
F. No animal shall and no animal owner shall cause permit or allow such animal to chase, run after, or jump at vehicles, including bicycles, on public roads, highways, sidewalks, or other public ways.
Any violation of this section shall, notwithstanding any provisions for nuisance, impoundment and redemption of certain animals, constitute a civil infraction. Each incident or day that a violation of this section occurs or continues shall be a separate violation. The first violation of any offense within the scope of this section committed within a 24-month period shall be a Class 3 infraction; each subsequent violation of an offense within the scope of this section committed within a 24-month period shall, unless already designated as Class 1, be designated one classification higher (lower number) than the immediate prior offense. [Ord. 555 § 3, 1999; Ord. 400 § 1, 1990.]
6.04.040 Violations as crimes – Misdemeanors.
The following are misdemeanors:
A. Possessing an Exotic and/or Wild Animal without a Permit. For any person to own or maintain any wild and/or exotic animal without a valid permit from the Animal Control Authority.
B. Refusal to Quarantine. For any owner or keeper to refuse to quarantine or permit the quarantine of any animal when and as required by State law or this chapter.
C. Interfering with Impounding and Other Animal Control, Duties and Enforcement. For any person to prevent, obstruct or hinder the impoundment of an animal, or actions of any Animal Control Officer while enforcing this chapter.
D. Damage. For the owner or keeper of any domesticated animal to allow it to enter upon private or public property, so as to injure, damage or destroy any human, or any real or personal property, including livestock or other animals of value.
E. Cruelty to Animals. For any person, firm or corporation to:
1. Willfully or cruelly kill, injure, poison, torture or torment any animal by means causing it fright or pain; or
2. Lay out or expose any kind of poison or leave exposed any poisoned food or drink for man, mammal or fowl, or any substance or fluid whatever, whereon or wherein there is or shall be deposited or mingled any kind of poisonous or deadly substance or fluid whatever, on any premises, or abet any person in so doing, unless in accordance with the RCW 16.52.190; or
3. Neglect or fail to provide minimum care to any animal within his care, custody or control. For the purpose of this section, “minimum care” means regular provision of food and water of sufficient quantity and quality that allows for the maintenance of body weight and normal growth, for an immature animal, and to otherwise preserve the health and well-being of the animal; or
4. Tether, confine or restrain any animal in such a way as to permit the animal to become frequently entangled in such tether, or render the animal incapable of consuming food and water for more than 24 hours; or
5. Abandon or leave any animal on a street, road or highway or in a public place or on private property; or
6. Confine and leave an animal unattended within or on a motor vehicle or other closure or structure under conditions that endanger the health and well-being of the animal. Such conditions include, but are not limited to, dangerous temperatures and lack of food and water; or
7. Intentionally run down or otherwise abuse any animal with a bicycle or motor vehicle, including motorcycles and motorbikes; or
8. Intentionally trap any domestic animal with a device other than a humane live animal trap; provided, any practice of good animal husbandry as defined in EMC 6.04.020 is not a violation of this section. [Ord. 400 § 1, 1990.]
6.04.100 Exotic and/or wild animal – Permit required.
A. A permit shall be required for any person, firm, corporation or business to own, maintain, or harbor any wild or exotic animal.
B. A permit to own, maintain or harbor any wild or exotic animal will be issued only if it can be demonstrated that public safety is not at risk and proper animal enclosures exist to ensure the public’s safety. Facilities and enclosures for wild and/or exotic animals are subject to inspection at any time upon providing notice at least 24 hours in advance of inspection. Failure to submit to such inspections shall be sufficient grounds for permit revocation. Upon hearing and notice, the City Council may require individual registration for each wild or exotic animal and the posting of security or a bond in the manner provided by law for dangerous dogs.
C. Any person having the permit revoked for violations of this chapter shall immediately remove the animals from the City.
D. Exempt from the permit requirement of this section are: (1) circuses and zoos staying within the City for a limited time of no more than 30 days; provided, that proper safeguards are taken to protect the public and the animal control authority is notified of their arrival, all locations used to keep the animals, and duration of stay; (2) State-registered wildlife rehabilitation centers, sanctioned by the Washington State Wildlife Department; and (3) licensed veterinarians during the course of treatment of animals at their veterinary hospital premises.
E. The annual permit fee to own or maintain any wild or exotic animal shall be set by the City’s current master fee schedule adopted by resolution of the City Council for each approved location, regardless of the number(s) of the animals.
F. No person shall be permitted to own, harbor, or maintain any carnivorous wild or exotic mammal or reptile, or any venomous animal.
G. No person shall have, keep or maintain any exotic or wild animal unless specially permitted. [Ord. 842 § 2, 2023; Ord. 400 § 1, 1990.]
6.04.200 Quarantine of rabid or potentially rabid animals.
A. Mandatory Quarantine. A domesticated animal or pet of a species which may transmit disease through its bite, which bites and breaks the skin of any person shall, regardless of provocation or previous inoculation for diseases, be quarantined to determine if the animal is infected with a disease.
B. Optional Quarantine. A domesticated animal or pet of a species which may transmit disease through its bite, which bites and breaks the skin of any animal may, regardless of provocation or previous inoculation for diseases, be quarantined to determine if the animal is infected with a disease.
C. Place of Quarantine. The place of quarantine shall be established by the Animal Control Officer who may, in his discretion, allow the owner and/or keeper of the animal to maintain such quarantine. If the owner and/or keeper is unable or unwilling to confine the animal at his residence or if the Animal Control Officer determines from the prior history of the animal that successful confinement at the owner’s residence is unlikely, the animal may be quarantined at the animal shelter or a veterinarian and/or boarding kennel of the owner’s choice; provided, that the costs to board the animal shall be borne by the owner.
D. Manner of Quarantine.
1. Confinement under quarantine shall be for a period of not less than 10 days, and effected in such manner that the animal is segregated and prevented from coming into contact with other animals and humans (except for the caretaker).
2. Should the animal manifest any unusual behavior or develop symptoms of illness or die during the observation period, the owner or veterinarian shall immediately notify the Animal Control Officer of that condition.
E. Procedure on Death of Animal. In the event any animal which has bitten a person or caused an abrasion or puncture of the skin is slain by any person or dies by other means, and a period of 10 days has not elapsed since the day of the bite, it shall be the duty of any person slaying such animal or the owner to forthwith deliver the intact head of such animal to the County Health Officer and immediately notify the Animal Control Officer.
F. Reporting Requirements. It shall be the duty of every medical doctor, hospital, or other applicable health official to report all animal bites that break the skin, regardless of provocation factors or the previous inoculation record of the animal. Such report shall be made to the Animal Control Officer, as promptly as possible so that quarantine procedures can be instituted in a timely fashion. [Ord. 400 § 1, 1990.]
6.04.210 Trapping or impounding destructive or nuisance animals.
A. Complaint – Authority to Trap. Upon the written complaint of any party that any cat or other animal, other than man is trespassing upon the premises or property of the complaining party and thereon doing substantial damage to property, trees, shrubs, lawns or gardens, or creating a substantial nuisance that disturbs the repose of any person and upon the Animal Control Officer finding probable cause exists that the complaint is valid, the Animal Control Officer may humanely trap or detain such cat or animal or allow the owner of the property to humanely trap or detain such cat or other animal.
B. Disposition of Trapped Animals. Any animals trapped pursuant to this section shall be impounded by the Animal Control Officer and disposed of in accordance with this chapter or in accordance with RCW 77.16.230 if a game animal; provided, that the State Game Department will be notified before wild animals other than opossums or skunks are trapped. [Ord. 400 § 1, 1990.]
6.04.310 Impound of animals – Notification of owners.
A. Impound Situations. Animals may be impounded and taken into care and custody of the Animal Control Officer in the following situations:
1. If any animal, whose owner or keeper cannot be located in a timely manner or is unknown, is on public property or the private property of another and the caretaker or private property owner requests in writing that the animal be removed; provided, that such written request shall state the reason why removal is requested.
2. When an animal is brought to the animal shelter by a private citizen who has found the animal at large.
3. When any animal has been subjected to cruel treatment as defined by RCW 16.52.070 and/or the provisions of this chapter; provided, that removal is necessary for the immediate safety and well-being of the animal.
4. When the animal’s owner or keeper is incapable or unable to continue to care for it because of incarceration, severe illness, death, house fire or other emergency circumstances and an agent for the owner cannot be readily located. These animals will be deemed impounded for safekeeping.
5. When an animal has bitten a person, breaking or puncturing the skin, and the owner and/or keeper is unable, incapable or unwilling to provide the 10-day quarantine requirements. If such animal is found at large the owner will be deemed unable to quarantine and it may be impounded.
B. Notification Upon Impound. The Animal Control Officer shall use whatever reasonable means possible forthwith notify an animal’s owner or keeper, if known, of its impoundment, using whatever reasonable means possible. If the animal’s owner is unknown or cannot be located, the information and description of the animal shall be available at the animal shelter and posted at City Hall during regular business hours.
C. Statement of Ownership. All owners or keepers claiming impounded animals of any kind shall provide identification and shall sign a statement that verifies they are the owner, keeper or authorized agent of the owner. The statement shall be verified and shall include the name(s), complete address(es) and phone number(s) of the owner(s) or keeper(s). [Ord. 400 § 1, 1990.]
6.04.320 Impounded animals – Redemption fee(s).
For every animal impounded pursuant to this chapter, the owner, keeper or their authorized representative claiming such animal shall pay to the City or, if authorized, the City’s Animal Control Officer, the total of the following fees before the animal is released from impoundment:
A. Redemption Fees. Redemption fees shall be set by the City’s current master fee schedule adopted by resolution of the City Council.
B. Waiver of Fees. The redemption fee may be waived or reduced at the discretion of the mayor in case of animals impounded, pursuant to EMC 6.04.310(A)(2) or (4), if it can be determined that the owner did not otherwise violate the terms of this chapter.
C. Animal Control Fees. Payment for services provided by the contracted animal control agency shall be set by the City’s current master fee schedule adopted by resolution of the City Council.
D. Other Expenses. In addition, any necessary additional expenses incurred by the Animal Control Officer or impound to care for the pet shall be assessed. These may include but are not limited to necessary veterinary care and special transportation. Actual copies of bills for any such additional expenses will be made available to the owner.
E. Reduction of Expenses. Charges for boarding and care may be reduced at the discretion of the Mayor if special circumstances exist or in the case of several animals belonging to the same owner, such as a litter of pups or kittens; provided, that such reduction will be allowed the same owner only once in any 12-month period. [Ord. 842 § 2, 2023; Ord. 511 § 1, 1997; Ord. 490 § 1, 1995; Ord. 407 § 3, 1990; Ord. 400 § 1, 1990.]
6.04.330 Term of impoundment – Disposition of unhealthy or wild animals.
A. Minimum Impound Term – Domestic Animals. Any domestic animal impounded pursuant to this chapter shall be held for redemption at least 120 hours, during which time reasonable attempts will be made to locate and notify the owner or keeper.
B. Livestock. All livestock impounded pursuant to this chapter shall be held for redemption at least 120 hours, not including Sundays or legal holidays. If not redeemed by the owner, the brand inspector for Whatcom County shall be notified and disposition will be at his discretion pursuant to Chapter 16.57 RCW.
C. Special Circumstances. Should any impounded animal be suffering from serious injury, illness or disease that would endanger other sheltered animals or cause the animal to endure unnecessary pain and suffering if left untreated, or if any impounded animal is feral, wild or vicious, and thereby humane care and confinement is not possible or poses a threat to caretakers, the animal may be humanely destroyed before the expiration of the required holding period. Such cases shall be documented in writing by the Animal Control Officer and be approved by either a licensed veterinarian or by the chief law enforcement officer. [Ord. 511 § 2, 1997; Ord. 400 § 1, 1990.]
6.04.340 Disposition of animals not redeemed.
A. Destruction. Any animal not timely redeemed by its owner during the prescribed period may be humanely destroyed by an approved method. The failure of an owner to redeem an impounded animal shall not relieve the owner from liability for the cost of its impoundment, boarding, or care or treatment of the rates provided in EMC 6.04.320.
B. Adoption. The Animal Control Officer shall have authority to place for adoption any animal subject to destruction. The Animal Control Officer shall have the right to deny adoption to any person if it is determined that placement would not be in the best interest of the animal or the community, or if it appears by relationship of the adopter to the former owner of the animal, or otherwise, that the effect of the adoption will subvert the impoundment or the goals of this chapter. The Animal Control Officer may require sterilization of any animal prior to adoption, or may release the same unsterilized if the new owner agrees in writing to surgically sterilize the animal(s) within one month of maturity.
C. Release for Experimentation Prohibited. No live animal shall be used, sold or donated for experimental purposes. [Ord. 400 § 1, 1990.]
6.04.350 Animals impounded – If unredeemed, restitution.
In any prosecution of the owner of any animal for violation of this chapter wherein the animal has been impounded and not redeemed, upon conviction thereof, the sentence imposed by the court shall include restitution for all costs, fees, and charges incurred by the City for the impoundment and disposal of the animal. [Ord. 407 § 4, 1990.]
6.04.400 Voluntary pickup and disposition fees.
A. Disposition Service Fees – Dogs and Cats. A fee set by the City’s current master fee schedule adopted by resolution of the City Council shall be imposed when the owner or keeper of any dog or cat requests and receives disposition service from the City; if more than one pick-up is requested by the owner or keeper in the same service call, the fee for second or subsequent pick-up shall be imposed for each animal as set by the City’s current master fee schedule adopted by resolution of the City Council. In hardship cases the Mayor may reduce or waive the fee.
B. Disposition Service Fees – Other Animals. Pick-up fees for animals other than dogs and cats will be determined by the Mayor.
C. Boarding Fees. If an animal cannot be released by owner for discretionary disposition by the Animal Control Officer due to holding requirements, such as quarantine, a boarding fee at the rate set by the City’s current master fee schedule adopted by resolution of the City Council will be assessed in advance. [Ord. 842 § 2, 2023; Ord. 490 § 2, 1995; Ord. 407 § 5, 1990; Ord. 400 § 1, 1990.]
6.04.510 Pet shop rules and regulations – Authority.
Pursuant to RCW 70.05.060, these rules and regulations are adopted for the purpose of implementing and enforcing WAC 248-100-440 and 248-100-450. WAC 248-100-440, Psittacosis, and 248-100-450, Rabies, sections of Chapter 248-100 WAC, Communicable and Certain Other Diseases, as presently adopted and hereafter amended, are hereby adopted by reference. [Ord. 400 § 1, 1990.]
6.04.520 Pet shop permits.
A. No person shall operate a pet shop unless an annual permit has been issued by the City.
B. The Animal Control Officer, or any law enforcement officer, is authorized to make such inspections as are necessary to determine satisfactory compliance with the provisions of this chapter.
C. Upon written notice to a pet shop operator, the City may suspend or revoke the permit or a pet shop or take such other action as the City may deem necessary for the protection of the public whenever the pet shop is not in compliance with these regulations. [Ord. 400 § 1, 1990.]
6.04.530 Pet shop operation.
A. Psittacine Bird Identification. All psittacine birds except parrots, macaws, and cockatoos shall be identified by a coded closed leg band which shall identify the breeder source and the individual bird.
B. Psittacine Bird Handling. Psittacine birds shall not be offered for sale or exhibited unless placed in an enclosure which will effectively protect the public against direct exposure to the birds or dust particles which emanate from the pen or cage in which they are kept.
C. Prohibited Animals. Skunks, foxes, and raccoons may not be kept on the premises or offered for sale.
D. Condition of Premises. All cages, pens and storage areas shall be kept in a clean and sanitary condition free from vermin.
E. Sanitation Facilities. Toilet and hand-washing facilities with hot and cold running water, soap and single use or approved sanitary towels or other approved hand drying devices shall be provided for employees.
6.04.540 Pet shops – Annual permit fees.
Pet shop permit fees shall be set by the City’s current master fee schedule adopted by resolution of the City Council. [Ord. 842 § 2, 2023; Ord. 400 § 1, 1990.]