Chapter 7.01
DEFINITIONS
Sections:
7.01.005 Definitions.
For the purpose of this title, the following words shall have the following meanings unless the context indicates otherwise:
“Abandonment” means the owner has left the animal for a period of 36 hours without making effective provisions for its proper care.
“Adequate shelter” means a moisture-proof and wind-proof structure that allows the animal to turn around freely, sit easily, stand and lie normally, and that keeps the animal clean, dry and comfortable.
“Adult” means any animal over the age of 21 weeks.
“Altered” means any spayed female or castrated male dog or cat.
“Animal” means any living nonhuman mammal, bird, reptile, or amphibian.
“Animal control director” means the director of the animal control authority.
“Animal control supervisor” means the department or officer of the city appointed by the city manager, or the person appointed by the city council to carry out the duties of an animal control authority or animal control officer under this title, and includes those appointed by the chief of police to enforce the animal control provisions of the city.
“Animal shelter” means that animal control facility authorized by the city, or a licensed facility used to care for homeless or unwanted animals by a governmental entity, animal welfare society or other organization devoted to the welfare, protection and humane treatment of animals.
“Animal welfare organization” means any public or private organization registered with the Washington Secretary of State’s office as a not-for-profit organization, whether called a kennel, cattery, shelter, society, or rescue, and includes the organization’s officers, agents, and representatives when acting in the name or on behalf of the organization that controls, rescues, shelters, cares for, or disposes of pets as all or part of the purpose of the organization.
“At large” means off the owner’s premises and/or out of physical contact of the owner unless under the physical control of a competent person controlled by a leash no longer than eight feet in length.
“Cat” means and includes female, spayed female, male and neutered male cats.
“Commercial kennel” means a kennel or cattery where adult dogs or cats are bred for compensation.
“Competent person” means a person who is able to sufficiently care for, control, and restrain an animal and who has the capacity to exercise sound judgment regarding the rights and safety of others.
“Dangerous” means an animal that according to the records of the animal control authority: (a) has inflicted severe injury on a human without provocation while on public or private property; (b) has killed a domestic animal without provocation while on public or private property; (c) has been previously found to be potentially dangerous, the owner has received notice of such potential and the animal is again found to have engaged in potentially dangerous behavior; (d) while under the quarantine for rabies bites a person or domestic animal; (e) is owned or harbored primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or (f) unprovoked attacks a “dog guide” or service animal as defined in Chapter 70.84 RCW and inflicts injuries that render the dog guide or service animal to be permanently unable to perform its guide or service duties. RCW 16.08.070(2), containing the definition of “dangerous dog,” as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein.
“Dog” means and includes female, spayed female, male and neutered male dogs.
“Dog guide” means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing-impaired persons.
“Euthanasia” means the humane killing of an animal.
“Foster home” means a temporary home with a permit approved by the animal control authority to house lost, abandoned or unwanted dogs and cats until an adoptive home is located.
“Gross misdemeanor” means a type of crime classification that, while not a felony, is ranked as a serious misdemeanor. The maximum penalty for a gross misdemeanor is 365 days in jail and/or a $5,000 fine.
“Guide dog” means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing-impaired persons.
“Harbors, keeps, possesses, or maintains a pet animal” means providing care, shelter, protection, refuge, food, or nourishment in such a manner as to influence the behavior of the animal; or, treating the animal as living at one’s property.
“Health officer” means the director of the Tacoma Pierce County health department and/or his authorized representatives.
“Hearing examiner” means a person(s) employed by the city of Fircrest to officiate over potentially dangerous and dangerous animal appeals.
“Household pets” means small domesticated animals or fish kept for pleasure rather than utility. Pets include animals such as dogs, cats, hamsters, reptiles, insects, nonvenomous snakes, fish and birds.
“Humane care” means care of an animal that includes providing necessary food, water, shelter, rest, sanitation, ventilation, space, and medical attention in a way that the health and safety of the animal is not imperiled.
“Humane trap” means a live animal box enclosure trap designed to capture and hold an animal without injury.
“Impound” or “impoundment” means an authorized official taking control of any animal found to be in violation of this title pursuant to the terms of this title.
“Infraction” means a civil infraction pursuant to infraction rules for courts of limited jurisdiction (“IRLJ”) and any local rule adopted thereto by the Fircrest municipal court.
“Inhumane treatment” means every act, omission or neglect whereby unnecessary or unjustified physical pain or suffering is caused or permitted.
“Leash” means a cord, thong, or chain by which a dog is controlled by the person accompanying it.
“Livestock” means all cattle, sheep, goats, or animals of the bovidae family; all horses, mules, llamas, alpacas, other hoofed animals, or animals of the equidae family; all pigs, swine, or animals of the suidae family; and ostriches, rhea, and emu.
“Misdemeanor” means a maximum penalty of 90 days in jail and/or a $1,000 fine.
“Neglect” means the failure to provide proper food, potable water, adequate shelter, opportunity for exercise, or other care normal, usual, and proper for an animal’s health and well-being.
“Officer” means any animal control officer, health officer, police officer, or other commissioned person designated by the city of Fircrest to issue citations, pick up, restrain, impound, quarantine, place, or dispose of animals or give notice for any other acts, duties, or functions prescribed by this chapter or other chapters relating to pet animals.
“Owner” means any person owning, keeping, having an interest in, or having control, custody or possession of, an animal. Any person who harbors, keeps, possesses, or maintains a pet animal, or who encourages a pet animal to remain about their property for a period of 14 consecutive days or more, or the person named on the license/registration record of any animal as the owner. The parent or guardian of an owner under 18 years of age shall be deemed the owner for the purposes of this chapter.
“Person” means any person, partnership, corporation, trust or association of persons.
“Pet animal” means any species of wild or domestic animal sold or retained for the purpose of being kept for pleasure, companionship, or utilitarian purposes and not kept as a food source.
“Police dogs,” as defined by RCW 4.24.410 as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein.
“Potentially dangerous” means an animal that when unprovoked: (a) chases or approaches a person upon the streets, sidewalks, or any other public grounds in a menacing fashion or apparent attitude of attack; (b) causes injury to or otherwise threatens the safety of a human or domestic animal; (c) inflicts a bite upon a human or domestic animal either on public or private property; or (d) has a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of humans or domestic animals. RCW 16.08.070(1), containing the definition of “potentially dangerous dog,” as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein.
“Poultry” means domestic fowl normally raised for eggs or meat, and includes chickens, turkeys, ducks, and geese.
“Provocation” means teasing, taunting, striking or other like action, or the unauthorized entry onto the premises where an animal is kept.
“RCW” means the Revised Code of Washington.
“Restrained” means secured by a leash or lead and under physical control of a person with the strength and judgment to handle the animal, or tethered to a stationary object which keeps the animal confined to the pet owner’s property or premises.
“Search and rescue dog” means a dog that is trained for the purpose of search and rescue of persons lost or missing.
“Securely enclosed and locked” means a pen or structure which has secure sides and a secure top suitable to prevent the entry of young children and designed to prevent the animal from escaping. If the pen or structure has no bottom secured to the sides, then the sides must be embedded in the ground no less than one foot.
“Service dog” means any guide or signal dog individually trained to provide assistance to an individual with a sensory, mental or physical disability or that serves public or tribal enforcement, as well as any dog enrolled in a recognized formal training program for those types of services.
“Severe injury” means any physical injury that results in (a) a broken bone; (b) any muscle, ligament or tendon tear; (c) any skin laceration or puncture wound which requires sutures or surgery; or (d) transmission of an infectious or contagious disease.
“Small domestic animal” (mammals and fowl) includes small mammals and fowl such as rabbits, ducks, quail, geese, swans, chickens, pigeons and other similar animals.
“Unconfined” means not securely confined indoors or in a securely enclosed and locked pen or structure upon the premises of the person owning, harboring, or having the care of the animal.
“Wheeled vehicle” means any wheeled conveyance intended for use as a means of transport of persons or goods.
The present tense shall include the past and future tense, and the future tense shall include the present tense. Each gender shall include all genders. The singular number shall include the plural, and the plural the singular. (Ord. 1513 § 1, 2011; Ord. 1394 § 2, 2005).
7.01.010 Severability.
Should any part of this chapter be adjudged invalid for any reason, such adjudication shall not affect the validity of this chapter as a whole or any part thereof. (Ord. 1394 § 3, 2005).