Chapter 6.02 ANIMAL CONTROL ORDINANCE

The ordinance codified in this chapter may be cited as “the animal control ordinance.” (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.020 Definitions.

As used in this chapter, the terms defined in this section shall have the defined meanings unless the context requires otherwise; words in the present tense include the future; the singular includes the plural; plural usage includes the singular; “shall” means mandatory, not directory; and the masculine gender includes the feminine.

1. “Adult dog or cat” means any dog or cat over the age of six months.

2. “Animal control officer” means an employee or contract provider appointed and/or commissioned by the City to investigate and enforce the provisions of this chapter.

3. “Animal” means any live vertebrate creature, reptile, amphibian, or bird, except man.

4. “Animal at large” means any domestic animal or livestock off the property of its owner, unless restrained by leash, tether or other physical control device not to exceed eight feet in length and under the physical control of a responsible person.

5. “Animal enclosure” means an area surrounded on all sides by a fence, corral, pen, pipe, post, rail, wall or other barrier (or a combination) for the keeping of animals, including but not limited to chickens, rabbits or other domestic animals or domestic fowl. An animal enclosure may be covered or uncovered and may have a solid wall on more than one side.

6. “City” means the City of Ferndale.

7. “Biting dog” means any dog known to have been provoked and bitten any person or persons or other animal or domestic animal.

8. “Chasing and intimidating dog” means any dog which is known or in the exercise of reasonable care should be known to, while off the dog’s property, chase, run after or jump at vehicles, skateboards or other similar devices or bikes, or which habitually snaps, growls, jumps at or upon or otherwise threatens or intimidates persons or other domestic animals or livestock.

9. “Dangerous dog” means any dog that, according to the records of the appropriate authority, (a) has inflicted severe injury on a human being, domestic animal or livestock without provocation while on or off the owner’s property, or (b) has been previously found to be potentially dangerous, the owner having received notice of such, and the dog again aggressively bites, attacks, or endangers the safety of humans, livestock, or domestic animals.

10. “Dog” as used herein shall also refer to other domestic animals.

11. “Domestic animal” means an animal that has been tamed and kept by humans as a work animal, food source, or pet.

12. “Domestic fowl” means chicken hens, ducks, geese, turkeys, quail, pigeons, doves and other birds kept chiefly for their eggs, flesh, and/or for pleasure.

13. “Euthanasia” means the putting to death of an animal in a humane manner.

14. “Exotic, wild or dangerous animal” means any member of the animal kingdom which is not commonly domesticated or which is not common to North America, or which, irrespective of geographic origin, is of a wild or predatory nature, or any domesticated animal which, because of its size, vicious nature or other similar characteristics would constitute a danger to human life or property if not kept, maintained or confined in a safe and secure manner. Incorporated by reference here are the State Game Department regulations, principally the following: WAC 232-12-015, 232-12-030, 232-12-040, 232-12-050, and 232-12-060.

15. “Guard or attack dog” means an aggressive dog trained to guard persons or property and often trained to attack or restrain on command.

16. “Livestock” includes horses, cattle, sheep, donkeys, bison, buffaloes, llamas, goats, swine, emus, ostriches, roosters, peacocks, guinea fowl, or other animals raised primarily for use as food or fiber for human utilization or consumption with the exception of domestic fowl.

17. “Owner” means any person or legal entity having a possessory property right in an animal or who harbors, cares for, exercises control over, or knowingly permits any animal to remain on premises occupied by them.

18. “Neutered” or “spayed” means medically determined to be incapable of reproduction or when the physical condition of an animal is certified by a licensed veterinarian to be such as would prohibit performance of such medical procedure to render it unreproductive.

19. “Noisy dog or cat” means any dog or cat that is allowed to unreasonably disturb persons by habitually barking, howling, yelping, whining, or making other oral noises.

20. “Potentially dangerous dog” means any dog that, when unprovoked: (a) attacks a human, livestock, or a domestic animal either on public or private property, or (b) chases or approaches a person(s) on public or private property, other than the residence of the animal, in a menacing fashion or apparent attitude of attack, or (c) any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or otherwise to threaten the safety of humans or domestic animals.

21. “Severe injury” means an injury received that requires immediate medical attention, including, but not limited to, stitches, broken bones, or disfiguring lacerations requiring multiple sutures, cosmetic surgery, or other medical procedures.

22. “Trespassing dogs” means to trespass on private or public property without the permission or consent of the property owner. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1583 § 1, 2010; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1307 § 1, 2003; Ord. 1284 § 1, 2002)

6.02.030 Purpose.

It is hereby declared that the public policy of the City of Ferndale is to encourage, secure and enforce those animal control measures deemed desirable and necessary for the protection, safety, and welfare of humans, domestic animals, and livestock, and to the greatest degree practicable to prevent injury to property and cruelty to animal life. To this end, it is the purpose of this chapter to protect the residential character of surrounding properties by limiting where domestic animals roam, regulating the appearance and location of their enclosures, to provide a means of licensing dogs and cats, confiscating domestic animals and livestock, impounding domestic animals and livestock, and controlling animal behavior to prevent injury to property or curtail cruelty to animals while encouraging responsible pet ownership. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.035 Number of dogs allowed in households.

It shall be a civil infraction to own or maintain over four dogs, over the age of three months, in any single-family residence or household, unless duly licensed and recognized by proper authority as a kennel, hobby kennel, cattery, veterinary office, or similar licensed and proper use. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.040 Dogs – License required.

It shall be a violation of this chapter for any person, firm or corporation to own, possess, harbor or otherwise be the custodian of any dog over the age of three months within the City of Ferndale unless the person, firm or corporation has first procured a license therefor as provided in this chapter. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.050 Dogs – Issuance of licenses and tags – Transferability – Attaching tag.

It shall be the duty of the Animal Control Officer or contracted provider to issue licenses to persons applying therefor, upon payment of the license fee. Upon the issuance of a license, a metal tag, with number corresponding to the number of the application, shall be furnished the applicant, who shall cause the same to be attached or affixed to the dog licensed. Animal tags shall not be transferable from one animal to another. Replacements for lost tags shall be “at cost,” to be determined by the City’s Animal Control Officer. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.053 Number of cats allowed in households.

It shall be a civil infraction to own or maintain over four cats, over the age of three months, in any single-family residence or household, unless duly licensed and recognized by proper authority as a kennel, hobby kennel, cattery, animal rescue, veterinary office, or similar licensed and proper use. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.055 Cats – License required.

It shall be a violation of this chapter for any person, firm or corporation to own, possess, harbor or otherwise be the custodian of any cat over the age of three months within the City of Ferndale unless the person, firm or corporation has first procured a license therefor as provided in this chapter. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.058 Cats – Issuance of licenses and tags – Transferability – Attaching tag (optional).

It shall be the duty of the Animal Control Officer to issue licenses to persons applying therefor, upon payment of the license fee. Upon the issuance of a license, a metal tag, with number corresponding to the number of the application, shall be furnished the applicant. Affixing or attaching the tag to the collar of the licensed cat is optional, though the City strongly encourages responsible owners to do so in order to identify said cat(s) in the event of impoundment, being at large, or off-premises death. Animal tags shall not be transferable from one animal to another. Replacements for lost tags shall be “at cost,” to be determined by the City’s Animal Control Officer. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.059 Microchipping of cats.

For cats, it shall be permissible for the owner to have the cat microchipped rather than having a metal license tag. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008)

6.02.060 License fees.

The most current City of Ferndale fee schedule specifically addresses dog and cat licenses. Documentation from a veterinarian or other sufficient medical proof must be provided when licensing a neutered or spayed dog and/or cat. The City Council may revise any or all license fees by resolution. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.070 Proof of rabies inoculation.

No license hereunder shall be granted unless the applicant shall have presented to the City or its appointee a certificate from a licensed veterinarian that the animal has been inoculated against rabies and that said inoculation is current. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.080 Dog license exemptions.

The licensing provisions of this chapter shall not apply to dogs in the custody of a veterinarian, or animal shelter or animal rescuer, or whose owners are nonresidents temporarily within the City for a period not exceeding 30 days. Also, when a blind, physically disabled or hearing-impaired person requests that no fee be charged to license his/her guide dog or service dog, no fee shall be charged, upon submission of medical documentation attesting to said disability and/or service animal certification from a bona fide and recognized authority. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.085 Discretion and responsibility of Police Chief and Animal Control Officer.

The Chief of Police shall have sole discretion, with consultation with the Animal Control Officer, to declare a dog to be dangerous or potentially dangerous. The Animal Control Officer shall have the sole discretion to declare a dog to be (a) a chasing and intimidating dog, (b) an animal at large, and/or (c) a biting dog. The Animal Control Officer shall remain responsible for investigation, documentation and administration of the provisions of this chapter. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008)

6.02.090 Dogs and cats – Confiscation and impoundment – Redemption.

A. The Animal Control Officer may confiscate and impound dogs and cats which fall in one or more of the following categories:

1. Those dogs and cats which are not licensed as defined in FMC 6.02.040 and 6.02.055;

2. Those dogs and cats which do not exhibit the identification tag, as required in FMC 6.02.050, 6.02.058 and 6.02.059;

3. Potentially dangerous dogs as defined in FMC 6.02.020(20);

4. Biting dogs as defined in FMC 6.02.020(7);

5. Dangerous dogs as defined in FMC 6.02.020(9);

6. Noisy dogs and cats as defined in FMC 6.02.020(19);

7. Trespassing dogs and cats as defined in FMC 6.02.020(22);

8. Dogs running in packs;

9. Chasing or intimidating dogs as defined in FMC 6.02.020(8);

10. Animals habitually running at large as defined in FMC 6.02.020(4).

B. The Animal Control Officer or contracted provider shall use his or her best efforts to notify the owner of the animal impounded pursuant to this section. The owner may redeem an impounded animal at any time before the animal is adopted or euthanized, by paying to the City or contracted provider the sums set forth in the City of Ferndale fee schedule.

C. Any unaltered dog or cat impounded more than once within a 12-month period shall be spayed or neutered by the animal control authority prior to the release of the dog. The cost of the spay or neuter shall be charged to the owner, who shall pay the charge prior to redeeming the dog.

D. The owner of an unaltered dog or cat that has been impounded more than once within a 12-month period may, within 72 hours of impoundment, request a hearing before the animal control authority. If, after consideration of all relevant evidence, the animal control authority determines that the owner has shown good cause to excuse the circumstances leading to the impoundment of the dog or cat, the dog or cat may be released without being subject to the spaying or neutering requirements of subsection (C) of this section. If good cause is found, the animal control authority may, however, condition the return of the dog in an unaltered state upon the owner’s fulfillment of reasonable conditions designed to avert future incidents. The owner may, upon written notice given to the animal control authority and the Court Services Manager within 72 hours of the animal control authority’s decision, appeal the animal control authority’s decision to the City’s Municipal Court Judge, whose review shall be limited to whether the animal control authority’s decision was arbitrary or capricious. The filing of a request for hearing or appeal, upon notice to the animal control authority, shall stay the 120-hour redemption period of this section until the completion of the hearing or appeal. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1519 § 1, 2009; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.100 Euthanasia of animals.

The Animal Control Officer or other properly certified person shall have the authority to euthanize, by humane means, all animals given to the City or impounded pursuant to this chapter, when such animals have not been redeemed by their owners in the following time periods:

A. Immediately upon determining that it would be humane to euthanize an injured or diseased animal and the animal is unlicensed or the owner cannot be located. Determination of whether the animal will be euthanized will be made by a veterinarian, Animal Control Officer or police officer;

B. No sooner than 120 hours after an animal has been impounded pursuant to this chapter, unless determined by the attending veterinarian or Animal Control Officer that extenuating circumstances concerning the animal’s welfare are present. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.110 Animal at large.

Any animal is subject to confiscation and impoundment if it is found to be an “animal at large” as defined in FMC 6.02.020(4). (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.120 Confinement and redemption of biting dogs.

A. It is unlawful for the owner or owner(s) of a “biting dog(s),” as defined in FMC 6.02.020(7), to harbor or keep such dog without permitting an examination or inspection of such dog after due demand therefor by the animal control authority or other law enforcement officer. In all reported cases of biting dogs, the biting dog shall immediately be confiscated and quarantined apart from other animals for a 10-day observation period pursuant to WAC 246-100-191(4). At the discretion of the Animal Control Officer or other law enforcement officer, this quarantine may take place at the home of the owner of the biting dog; provided, that the owner is able to ensure such quarantine or the dog may be confiscated and quarantined at another location.

B. Any dog impounded under this section may be redeemed at the expiration of such period upon the determination of the Animal Control Officer that it is showing no sign of disease, and upon the payment to the impounding authority of the maintenance charge for each day of confinement as set forth in the City’s most current fee code or schedule, or the fee provisions of the contracted animal control authority. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1289 § 1, 2002; Ord. 1284 § 1, 2002)

6.02.130 Trespassing domestic animals and livestock prohibited – Requirement to remove fecal matter.

A. It is unlawful to permit any domestic animal or livestock to trespass as defined in FMC 6.02.020(22) on private or public property or to befoul any property.

B. It is unlawful to fail to remove fecal matter deposited by a domestic animal on the property of another before the owner and/or said animal leaves the immediate area in which the fecal matter was deposited.

C. It is unlawful for a person with a domestic animal to fail to have in his or possession the equipment necessary to remove fecal matter deposited by an animal when on public property or a public right-of-way. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.140 Noisy dogs or domestic animals prohibited.

It is unlawful to allow a dog or other domestic animal to unreasonably disturb persons with loud and continuous noises as defined in FMC 6.02.020(19). (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.150 Chasing and intimidating dogs prohibited.

It is unlawful for any person, firm or corporation which owns, possesses, harbors, or has control or charge of chasing and/or intimidating dog(s) as defined in FMC 6.02.020(8) to allow the chasing and/or intimidating dog(s) to run at large and not under restraint. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.160 Animal Control Officer.

The Animal Control Officer (ACO) is a civilian enforcement position that will work under a special commission granted by the Chief of Police, including the ability to issue citations. Animal Control Officers shall receive such training as outlined:

Animal Control Officers should attend the 80-hour ACO academy with CJTC advanced training to cover:

A. Animal control and care;

B. Capture and restraint;

C. Wildlife identification and handling;

D. State and local animal laws;

E. Animal diseases and first aid;

F. Blood sports;

G. Traditional law enforcement;

H. Court room procedures;

I. Ethics;

J. Crisis intervention;

K. Criminal law;

L. Search and seizure.

This special commission can be suspended or revoked at the sole discretion of the Chief of Police. (Ord. 2196 § 1 (Exh. 1), 2022; Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.170 Duties of Animal Control Officer.

The Animal Control Officer or other persons in charge of the pound shall securely keep the pound and properly care for all animals that may be delivered into his/her custody until the same shall be released or sold as provided by this chapter. Upon receipt of any animal, he/she shall forthwith keep a report with the name of the person delivering the same to him/her, the day and hour of its receipt and a description to a reasonable certainty of the animal or animals and the name of the owner or owners, if known; he/she shall also report the release of all animals under his/her charge, showing the name of the owner, to whom delivered, together with the amount realized on such release. If the Animal Control Officer is a City employee, the Ferndale Police Department shall keep a correct record of all matters above described and the same shall be preserved as one of the records of the office and shall be open to public inspection. This section shall not be deemed to prohibit the City from contracting for any of the services necessitated by this chapter. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.180 Obstructing process of impoundment – Penalty.

It is a gross misdemeanor for any person to prevent or hinder or to attempt to prevent or hinder the confiscating and impounding of any domestic animal found to violate the provisions of this chapter, or by force or otherwise remove or attempt to remove any animal from the public pound without the authority of the Animal Control Officer, or other person in charge of impoundment, or to aid in any attempt to remove any animal or animals from impoundment. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.190 Entering private property to take possession of a domestic animal.

The Animal Control Officer may enter the unenclosed private property of another with or without warrant, to take possession of any domestic animal observed by the Animal Control Officer in violation of this chapter. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.200 Leash required.

It is unlawful for the owner or custodian of any dog to cause, permit or allow such dog to roam, run, be at large, or to be away from the premises of such owner or custodian and to be on any public place, or on any public property, unless permitted by law, or the private property of another in the City of Ferndale, unless such dog, while away from such premises, is controlled by a leash or lead, such control to be exercised by such owner or custodian or other competent and authorized person. Any dog found roaming, running, being at large or being away from such premises and not on a leash as provided in this section may be confiscated and impounded subject to redemption in the manner provided by this chapter. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.202 Exemptions to leash requirement.

This chapter shall not apply to any Ferndale canine units, any county, tribal, state, or federal canine units engaged in mutual aid in the City, nor to any search-and-rescue animals under any unified command situation in the City, or as otherwise allowed by law. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.205 Possession of any exotic animal, livestock or fowl prohibited with exceptions.

It is prohibited for persons to own or have control or possession of any exotic animal, livestock or fowl as defined in FMC 6.02.020(14) within the City of Ferndale except for duly licensed commercial establishments. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.207 Domestic animals and domestic fowl.

A. All “domestic animals” and “domestic fowl” are to be regulated and counted the same.

B. Roosters, peacocks and guinea fowl shall be prohibited outright and shall be subject to confiscation and civil penalties by the animal control authority in accordance with FMC 6.02.190 and 6.02.280.

C. For parcels less than one-half acre, a maximum of 12 adult domestic animals, exclusive of household pets that are kept indoors, shall be permitted.

D. Parcels greater than one-half acre shall have no upper limit to the number of adult domestic animals that may be kept. However, the City reserves the right to respond to complaints associated with potential violations of the nuisance chapter (Chapter 8.08 FMC) resulting from the keeping of such animals.

E. Domestic fowl are to be kept for personal use only. Chickens, eggs or manure will not be sold, and fowl shall not be bred for commercial purposes.

F. Domestic fowl may forage or roam freely anywhere within a fenced back or side yard, but adequate measures must be taken to provide safety for fowl and prevent them from straying onto adjacent properties.

G. An adequate enclosure as defined in FMC 6.02.020 must be provided for all domestic animals and domestic fowl.

H. The processing of animals within view of public right-of-way or adjacent properties shall be prohibited.

I. Where the front yard is visible from the public right-of-way, animals kept outside in the front yard shall be enclosed at all times and their enclosures subject to certain conditions per FMC 6.02.208. (Ord. 2060 § 1, 2018; Ord. 1989 § 1 (Exh. 1), 2017)

6.02.208 Animal enclosures.

A. All animal enclosures and premises upon which any permitted animals are kept and confined shall be kept in a clean, healthful, and sanitary condition by the person owning, possessing, or using any such premises for said purposes; and no persons owning, possessing, or using any such premises shall permit any nuisance to be formed or to accumulate thereon.

B. Where a parcel is less than one-half acre or the front yard is visible from the public right-of-way, animal enclosures shall not be located forward of that point on the primary structure closest to the street, except in garages or accessory structures, except for those movable animal enclosures which may be temporarily located in the front yard as per FMC 6.02.209.

C. If the height of the animal enclosure is six feet or less, it shall have a minimum setback of four feet from any side yard property line and zero feet from the rear yard. If such enclosure is over six feet in height, it shall meet the setbacks for an accessory structure as defined in FMC 18.72.050; in no case shall such an enclosure be forward of the primary residence. The Director may make an exemption as per FMC 6.02.209.

D. Animal enclosures shall be kept in a good working condition, shall not cause odor or noise nuisances, and shall not be deemed unsightly from any public right-of-way, as determined by the administrator. (Ord. 1989 § 1 (Exh. 1), 2017)

6.02.209 Animal enclosures – Exemptions.

In some cases the Director may determine that an animal enclosure that is located in the front yard does not constitute a nuisance and does not need to be relocated as required by FMC 6.02.208. In order to make this determination, the Director shall determine that all of the following apply:

A. The enclosure is not permanent and can be readily moved or relocated without additional modification or equipment.

B. No complaints have been filed with the City related to the enclosure.

C. The enclosure is not unsightly or unhealthy. In making this determination, the Community Development Director shall consider whether the enclosure has remained in one location for such a period of time that the lawn or vegetation has died or no longer exists, and whether animal waste and/or bedding has been reasonably maintained to so as not to constitute a nuisance.

D. The enclosure meets all other dimensional and locational requirements of this chapter, and is not in conflict with other regulations enforced by the City.

E. No more than one enclosure may be placed within the front yard at one time. (Ord. 1989 § 1 (Exh. 1), 2017)

6.02.210 Cruelty to animals.

The following RCW statutes regarding cruelty to animals are incorporated by reference:

RCW

46.61.660 Carrying animal on outside of vehicle.

16.52.011 Definitions.

16.52.015 Enforcement powers.

16.52.080 Transporting or confining animals in an unsafe manner.

16.52.085 Removal of neglected animals for feeding and restoration to health – Examination notice – Return – Nonliability.

16.52.090 Docking horses – Misdemeanor.

16.52.095 Cutting ears – Misdemeanor.

16.52.100 Confinement without food and water.

16.52.110 Old or diseased animals at large.

16.52.117 Animal fighting – Owner, trainers, spectators – Exceptions.

16.52.180 Limitations on application of chapter.

16.52.185 Exclusions from chapter.

16.52.190 Poisoning animals.

16.52.193 Poisoning animals – Strychnine sales.

16.52.195 Poisoning animals – Penalty.

16.52.200 Sentences – Forfeiture of animals – Liability for costs – Civil penalty.

16.52.205 Animal cruelty in the first degree.

16.52.207 Animal cruelty in the second degree.

16.52.210 Destruction of animal by law enforcement officer – Immunity from liability.

16.52.300 Dogs or cats used as bait – Penalties.

(Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1289 § 1, 2002; Ord. 1284 § 1, 2002)

6.02.215 Potentially dangerous dogs and dangerous dogs – Declarations – Exceptions – Hearings – Restrictions – Change of ownership/address – Violation and penalties.

A. While on the owner’s property a potentially dangerous or dangerous dog shall be confined indoors, or in a securely enclosed and locked pen or structure suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.

B. The Ferndale Police Chief, with consultation with the Animal Control Officer, may find and declare an animal potentially dangerous or dangerous if it has been determined that there is probable cause to believe that the animal falls within the definition set forth in FMC 6.02.020(9) and/or (20). The Animal Control Officer shall remain responsible for investigation, documentation and administration of the provisions of this chapter.

C. The declaration of potentially dangerous dog or dangerous dog shall be in writing and shall be served on the owner or keeper of the dog either by certified mail to the owner or keeper’s last known address or personally, or, if the owner or keeper cannot be located by one of the first two methods, then by publication in a newspaper of general circulation.

D. The declaration shall state at least:

1. A description of the animal;

2. The name and address of the owner or keeper of the animal;

3. The whereabouts of the animal if it is not in the custody of the owner or keeper;

4. The facts upon which the declaration of potentially dangerous dog or dangerous dog is based;

5. The availability of a hearing in case the person objects to the declaration;

6. The restrictions placed on the animal as a result of the declaration;

7. The penalties for violation of the restrictions, including the possibility of euthanizing the dog and imprisonment or fining of the owner or keeper.

E. No dog shall be declared potentially dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or was committing or attempting to commit a crime upon the premises occupied by the owner or keeper of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused or assaulted the dog.

F. No dog shall be declared potentially dangerous or dangerous if the dog was in the act of protecting itself, its owner or others from attack from another person or dog, be it on or off the dog’s property, assuming, however, that the dog was acting in self defense or in defense of its handlers and/or owners.

G. If the owner or keeper of the dog wishes to object to the declaration of potentially dangerous dog:

1. The owner or keeper may, within five days of receipt of the declaration, or within five days of the publication of the declaration pursuant to subsection (C) of this section, request a hearing before the Municipal Court by submitting a written request to the clerk of the Court.

2. If the Court finds that there is insufficient evidence to support the declaration, it shall be rescinded and the restrictions imposed thereby annulled.

3. If the Court finds sufficient evidence to support the declaration, it shall impose court costs on the appellant, and may impose additional restrictions on the animal.

H. The following restrictions shall apply immediately upon the declaration of an animal as either a potentially dangerous dog or a dangerous dog and shall remain in effect for the life of the animal, unless sooner modified or rescinded by order of the Ferndale Municipal Court or any other court of competent jurisdiction:

1. While away from the premises of the owner/keeper, the animal must be securely muzzled and leashed and under the control of a person 18 years of age or older who is physically able to restrain and control the animal.

2. While on the premises of the owner or keeper, the animal must be confined inside the residence of the owner/keeper or inside another secure four-walled structure with a roof and a door that can be securely fastened. In the alternative, the animal may be confined in a kennel, pen or other secure enclosure with sides, bottom, top and a door that can be securely fastened.

3. In addition to the restrictions contained in subsections (H)(1) and (2) of this section, the animal shall be implanted with an identifying microchip provided by the animal control officer within 14 days of the declaration or within 14 days of a decision by a court of competent jurisdiction upholding the declaration on appeal pursuant to subsections (G)(1) through (3) of this section, whichever is longer.

I. It shall be unlawful for an owner/keeper of a potentially dangerous or dangerous dog to fail to comply with the restrictions set forth in subsection (H) of this section, in addition to any other restrictions imposed on the keeping of a potentially dangerous or dangerous dog by the Ferndale Municipal Court, or any other court of competent jurisdiction. Any violation of this section is a misdemeanor with a penalty of not more than $2,000 and imprisonment not exceeding 90 days, or both such fine and imprisonment.

J. The owner and/or keeper of a dog that has been declared potentially dangerous or dangerous who sells or otherwise transfers ownership, custody, or residence of the dog shall within 10 days of the change inform the Animal Control Officer in writing of the name, address and telephone number of the new owner, and/or the address of the new residence where the dog is located. The owner or keeper shall also notify the new owner/keeper, in writing, of the details of the dog’s record relating to being declared potentially dangerous or dangerous, and the terms and conditions of the declaration. The owner or keeper shall also provide the Animal Control Officer with a copy of the written notification which shall contain a notarized statement by the new owner acknowledging to the Animal Control Officer receipt of the original notification.

K. A court appearance of the owner or keeper charged with a violation of this section shall be mandatory. The penalty for violation of this section is a gross misdemeanor punishable by imprisonment for a period not to exceed one year, or a fine not to exceed $5,000, or both fine and imprisonment.

L. If an animal is at large and severely injures a person, livestock or domestic animal, the dog shall be immediately confiscated and placed in quarantine for the proper length of time. Should the determination be made that the dog is dangerous or potentially dangerous, it will thereafter be altered prior to its potential return to its owner.

M. Should a previously declared potentially dangerous dog be at large but not attack or injure a person, domestic animal and/or livestock, it shall be confiscated and quarantined for the proper length of time. Should a previously declared potentially dangerous dog be at large for a second time but not attack or injure a person, domestic animal and/or livestock, it shall be confiscated and euthanized.

N. The owner or keeper of any dog that aggressively attacks and causes severe injury or death of any human, domestic animal or livestock, if the dog has previously been declared potentially dangerous, shall be guilty of a class C felony. In addition, the dog shall be immediately confiscated, placed in quarantine for the proper length of time, and thereafter euthanized in an expeditious and humane manner.

O. If an animal is determined to be potentially dangerous, the property owner where the animal resides shall be required to secure a policy of liability insurance, such as homeowners’ insurance, issued by an insurer qualified under RCW Title 48 in the amount of $500,000, as provided in Chapter 16.08 RCW, payable to any person injured by the animal, insuring and indemnifying the City of Ferndale for any personal injuries inflicted by the animal. Proof of such surety bond and liability insurance shall be provided to the City annually. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1583 § 1, 2010; Ord. 1519 § 2, 2009; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1393 § 1, 2006; Ord. 1289 § 1, 2002)

6.02.220 Dangerous dogs.

The following RCW statutes regarding dangerous dogs are incorporated by reference:

RCW

16.08.070 Definitions.

16.08.080 Registration.

16.08.090 Restraint.

16.08.100 Confiscation – Penalties.

(Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.225 Dangerous dogs – Restrictions – Violations.

A. It is unlawful for an owner to have a dangerous dog or a guard or attack dog in the City without a certificate of registration as required by Chapter 16.08 RCW.

B. It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper enclosure as defined in Chapter 16.08 RCW, unless the dog is muzzled and restrained by a substantial chain or leash and under the control of a person 18 years of age or older, physically able to restrain and control the animal. The owner of the dog shall permit the Animal Control Officer to implant an identifying microchip in the dog and shall not remove nor cause to be removed said microchip. The owner of a dangerous dog shall further be required to post on the premises a warning sign clearly visible to the public warning that there is a dangerous dog on the property.

C. A dangerous dog shall be immediately confiscated by the animal control authority if:

1. The dog is not validly registered under Chapter 16.08 RCW; or

2. The owner fails to maintain the liability insurance required under Chapter 16.08 RCW and this chapter; or

3. The dog is not maintained in the proper enclosure; or

4. The dog is not microchipped as provided in subsection (B) of this section; or

5. The dog is outside the proper enclosure and not under physical restraint as required by subsection (B) of this section.

D. In addition to the regular dog licensing fees, the owner registration fee for dangerous dogs shall be as contained in the City’s most current approved fee code or schedule. This shall be an annual fee. At the time of initial application and upon annual renewal the applicant shall provide proof of insurance coverage effective for the license period.

E. The violation of any of the provisions of this section shall be a gross misdemeanor punishable by a maximum fine of $5,000 and/or imprisonment not to exceed up to one year in accordance with RCW 16.08.100(1).

F. If any dog that has previously been declared dangerous is at large, whether it attacks and causes severe injury or death of any human, domestic animal or livestock or not, the owner shall be guilty of a class C felony. In addition, the dog shall be immediately confiscated, placed in quarantine for the proper length of time, and thereafter euthanized in an expeditious and humane manner.

G. If an animal is determined to be dangerous, the property owner where the animal resides shall be required to secure a policy of liability insurance, such as homeowners’ insurance, issued by an insurer qualified under RCW Title 48 in the amount of $1,000,000, as provided in Chapter 16.08 RCW, payable to any person injured by the animal, insuring and indemnifying the City of Ferndale for any personal injuries inflicted by the animal. Proof of such surety bond and liability insurance shall be provided to the City annually. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1393 § 2, 2006; Ord. 1284 § 1, 2002)

6.02.230 Licensing – Animal shelters, kennels, catteries, animal rescue, hobby kennels, hobby catteries, pet shops, grooming services – General requirements.

All animal shelters, kennels, catteries, animal rescue operations, hobby kennels, hobby catteries, pet shops, and grooming services must be licensed by the City. Licenses will be valid for the year in which application is made. Fees shall be assessed as determined by resolution of the City Council and as referenced in the fee schedule.

Veterinarians shall obtain the required license for any service other than the one which by law may be performed only by a veterinarian; provided, that no such license shall be required for his or her possession of animals solely for the purposes of veterinary care. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.240 Kennel permit required.

No person shall keep dogs and/or cats over three months of age which exceed the maximums identified in this chapter or operate a “commercial kennel” as identified in this chapter without first obtaining a permit from the City subject to inspection by the Animal Control Officer. Said Animal Control Officer shall have administrative authority to allow an exceedance of the maximum number of dogs and cats referred to in this chapter or to operate a commercial kennel; provided, however, in no event shall such exception be granted for more than six dogs or cats without a conditional use permit from the City Council. The factors to be considered in granting or denying such an exception shall be the same as set forth in FMC 6.02.260(A)(1) through (3). Any aggrieved party may appeal the decision of the Animal Control Officer to the City Hearings Examiner, who is authorized to hear such appeals and make a decision. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.250 Commercial kennels and pet shops.

A. General Conditions.

1. Animal housing facilities shall be provided the animals and shall be structurally sound and shall be maintained in good repair, shall be designed so as to protect the animals from injury and restrict the entrance of other animals.

2. Each animal housed in any animal shelter, commercial kennel or pet shop or enclosure therein shall be provided with adequate floor space to allow each animal to turn about freely and to easily stand, sit, and lie in a comfortable normal position.

3. Electrical power shall be supplied in conformance with applicable electrical codes adequate to supply heating and lighting as may be required by this chapter.

4. Water shall be supplied at sufficient pressure and quantity to clean indoor housing facilities and enclosures of debris and excreta.

5. Suitable food and bedding shall be provided and stored in facilities adequate to provide protection against infestation or contamination by insects or rodents. Refrigeration shall be provided for the protection of perishable foods.

B. Maintenance and Operation of Pet Shops.

1. Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals and debris. Disposal facilities shall be provided and operated as to minimize vermin infestation, odors, and disease hazards.

2. Washroom facilities, including sinks and toilets, with hot and cold water, shall be conveniently available to maintain cleanliness among animal caretakers and for the purpose of washing utensils and equipment.

3. Sick, diseased or injured animals shall be separated from those appearing healthy and normal, and, if for sale, shall be removed from display and sale and kept in isolation quarters with adequate ventilation to keep from contaminating well animals.

4. There shall be an employee on duty at all times during hours any store is open whose responsibility shall be the care and supervision of the animals in that shop or department held for sale or display.

5. An employee, keeper or owner shall make provision to feed, water and do the necessary cleaning of animals on days the store or establishment is closed.

6. No person, persons, association, firm or corporation shall misrepresent an animal to a consumer in any way.

7. No person, persons, association, firm or corporation shall knowingly sell a sick or injured animal.

8. Animals which are caged, closely confined or restrained shall be permitted daily, and for an appropriate length of time, as determined by their size, age and species, to exercise in a yard or area suitable for that purpose. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.260 Special hobby kennel or hobby cattery license.

A. Persons owning more than four dogs and cats and who do not meet the requirements for a hobby kennel license may be eligible for a special hobby kennel license to be issued at no cost by the Animal Control Officer which will allow them to retain the specific animals in their possession; provided, that the following conditions are met:

1. The applicant must apply for the special hobby kennel license and individual licenses for each dog and cat within 30 days of the enactment of the ordinance codified in this chapter or at the time they are contacted by an Animal Control Officer.

2. The applicant is keeping the dogs and cats for the enjoyment of the species, and not as a commercial enterprise.

3. Each dog and cat in the kennel or cattery shall have current and proper immunization from disease according to the dog’s and cat’s species and age. Such shall consist of DHLPP (distemper, hepatitis, leptospirosis, parainfluenza, and parvo virus) inoculation for dogs over three months of age and FVRCP (feline viral rhinotracheitis, calicivirus panluekopenia) for cats over two months of age, and rabies inoculations for all dogs and cats over six months of age.

B. The special hobby kennel license shall only be valid for those specific dogs and cats in the possession of the applicant at the time of issuance, and is intended to allow pet owners to possess animals beyond the limits imposed by code until such time as the death or transfer of such animals reduces the number possessed to the legal limit set forth in this chapter.

C. The Animal Control Officer may deny any application or revoke a special hobby kennel license based on past violations of this chapter by the applicant’s dogs and cats, or complaints from neighbors regarding the applicant’s dogs and cats; or maintenance of such animals in inhumane conditions. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.270 Grooming parlors – Conditions.

Grooming parlors shall:

A. Not board animals, but keep said animals only for a reasonable time in order to perform the business of grooming;

B. Keep each animal in an individual cage;

C. Not permit animals therein kept for the direct purpose of grooming to have contact with other animals kept therein;

D. Sanitize all equipment after each animal has been groomed;

E. Not prescribe treatment or medicine that is in the province of a licensed veterinarian as provided in RCW 18.92.010;

F. Not leave animals unattended during the drying process;

G. Take reasonable precautions to prevent injury from occurring to any animals while in the custody of said parlor;

H. Remove animal waste in a timely manner. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.280 Penalties.

A. Any violation of this chapter not otherwise designated a misdemeanor or gross misdemeanor shall constitute a civil infraction punishable by a fine as outlined in the current fee schedule.

B. Any person violating any provision of this chapter not otherwise designated a misdemeanor or gross misdemeanor three or more times in any 12-month period shall have committed a civil infraction punishable by a fine as outlined in the current fee schedule.

C. Any violation of this chapter designated a misdemeanor shall be punishable by a maximum of 90 days imprisonment and/or a maximum fine of $1,000 as outlined in the current fee schedule.

D. Any violation of this chapter designated a gross misdemeanor shall be punishable by a maximum of one year imprisonment and/or a maximum fine of $5,000 as outlined in the current fee schedule. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.290 Notice of abatement – Penalties.

Upon being advised of any violation of this chapter, the Animal Control Officer shall serve notice upon the owner or occupant of the subject premises requiring that the problem be abated within a period of not less than three days. It shall be unlawful for any person to fail to comply with the notice of abatement. Any person found guilty of the failure to comply shall be guilty of a separate civil infraction for each day of noncompliance commencing the hour and day of notice. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.300 Notice of abatement – Petition.

Whenever it may be affirmed in writing by three or more persons having separate residences or regularly employed in the neighborhood or the Animal Control Officer that any dog or cat is a problem by reason of continued violations of any section of this chapter, the Animal Control Officer shall serve notice upon the owner or custodian of the dog or cat ordering that the problem be abated within a period of not less than three days. It shall be unlawful for any person to fail to comply with said notice of abatement, and may be cause for impoundment of the dog or cat. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.310 Third-party liability.

A. It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.

B. It is the specific intent of this chapter to place the obligation of complying with its requirements upon the owner and possessors of animals, and no provision nor any term used in this chapter is intended to impose any duty whatsoever upon the City or any of its officers or employees, for whom the implementation and enforcement of this chapter shall be discretionary and not mandatory.

C. Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from the failure to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this chapter, or by reason of any action or inaction on the part of the City related in any manner to the enforcement of this chapter by its officers, employees or agents. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.320 Severability.

Should any section, subsection, paragraph, sentence, clause or phrase of this chapter or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Ferndale hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)

6.02.330 Savings.

Nothing contained in this chapter shall be construed as abating any action now pending under or by virtue of any ordinance of the City herein superseded; or as discontinuing, abating, modifying or altering any penalty accrued or to accrue; or as affecting the liability of any person, firm or corporation; or as waiving any right of the City under any ordinance or provision thereof in force at the time of passage of the ordinance codified in this chapter. (Ord. 1989 § 1 (Exh. 1), 2017; Ord. 1503 § 1, 2008; Ord. 1497 § 1, 2008; Ord. 1284 § 1, 2002)