Chapter 7.02
GENERAL PROVISIONS

Sections:

7.02.010    Animal control authority – Appointed.

7.02.020    Authorized agents may perform.

7.02.030    Power of deputies and authorized persons.

7.02.040    Hindering an officer.

7.02.045    Police dogs exempted from animal control provisions.

7.02.050    Interference with impounding.

7.02.060    Authority to pursue.

7.02.070    Injured or diseased animals.

7.02.080    Duties upon injury or death to an animal.

7.02.090    Prevention of cruelty to animals.

7.02.100    Transport of a pet, animal, or livestock.

7.02.110    Statutes adopted by reference.

7.02.120    Abatement of nuisances.

7.02.130    Penalty for violation.

7.02.140    Severability.

7.02.010 Animal control authority – Appointed.

(a) The animal control authority shall be appointed by the city council by contract.

(b) The city grants the animal control authority the authority within Chapters 16.08, 16.10 and 16.52 RCW as now enacted or hereinafter amended, which are hereby adopted by reference as if fully set forth herein, and further vests in the animal control authority the primary responsibility for animal control and securing compliance with this title. (Ord. 1395 § 2, 2005).

7.02.020 Authorized agents may perform.

Wherever a power is granted to or a duty imposed upon the Fircrest police department, the power may be exercised or the duty performed by any law enforcement officer authorized by the police chief or by any animal control officer. (Ord. 1395 § 3, 2005).

7.02.030 Power of deputies and authorized persons.

The animal control director, his/her designees, and other officers as are hereby authorized and delegated the responsibility for enforcement of laws set forth in this code and in this title, and Chapter 16.52 RCW, as now enacted or hereinafter amended, which is hereby adopted by reference as if fully set forth herein, including the issuance of misdemeanor citations and notices of infractions. (Ord. 1395 § 4, 2005).

7.02.040 Hindering an officer.

It shall be unlawful for any person to interfere with, hinder, delay or impede any officer who is enforcing the provisions of this title as herein provided. A violation of this section is a misdemeanor. (Ord. 1395 § 5, 2005).

7.02.045 Police dogs exempted from animal control provisions.

Any dog while being used by any police officer in the discharge of law enforcement activities shall be exempted from the provisions of this title relating to animal control. (Ord. 1400 § 2, 2006).

7.02.050 Interference with impounding.

It is unlawful for any person to willfully prevent or hinder the impounding of any animal, or to by force or otherwise remove any animal from the animal shelter without authority of the person in charge of the animal shelter, or without payment of all lawful charges against such animal, or to willfully resist or obstruct any animal control officer in the performance of any official duty. Violation of this section is a gross misdemeanor. (Ord. 1395 § 6, 2005).

7.02.060 Authority to pursue.

Those employees of agents of the city charged with the duty of seizing animals running at large may pursue such animals onto city-owned property, vacant property, and unenclosed private property, and seize, remove, and impound the same. (Ord. 1395 § 7, 2005).

7.02.070 Injured or diseased animals.

Any animal suffering from serious injury or disease may be humanely destroyed by the animal control agency; provided, the animal control agency shall immediately notify the owner if the owner is known, and if the owner is unknown, make a reasonable effort to locate and notify the owner. (Ord. 1395 § 8, 2005).

7.02.080 Duties upon injury or death to an animal.

A person who strikes a domestic animal, domestic livestock, or deer while operating a motor vehicle shall stop at once, render reasonable assistance and immediately report the injury or death to the animal’s owner. If the animal’s owner cannot be ascertained and located, the person shall at once report the accident to the animal control authority or the Fircrest police department. This section shall not be construed to require the person striking the animal with a motor vehicle to be financially responsible for any injury or death of the animal. (Ord. 1395 § 9, 2005).

7.02.090 Prevention of cruelty to animals.

It is unlawful for a person to:

(a) Willfully and inhumanely injure or kill any animal by any means;

(b) Negligently or intentionally cause or fail to alleviate any pain, suffering or injury of any animal;

(c) Willfully and maliciously lay out, leave or expose any poison intended for humans, animals or fowl, on any premises, or aid and abet any person in so doing. The provisions of this section shall not apply to euthanizing by poison an animal in a lawful and humane manner by the animal’s owner, or by a duly authorized servant or agent of the owner, or by a person acting pursuant to instructions from a duly constituted public authority; or to the reasonable use of rodent or pest poison, insecticides, fungicides, or slug bait for their intended purposes as set forth in RCW 16.52.190 as now enacted or hereinafter amended, which is hereby adopted by reference as if fully set forth herein;

(d) Abandon any domestic animal by leaving the animal on the street, road or highway, or in any other public place, or on the private property of another;

(e) Confine an animal within a motor vehicle under conditions that may endanger the health or well being of the animal, including but not limited to extreme temperatures, or lack of food, water or attention. Any animal control or police officer is authorized to remove an animal from a motor vehicle, at any location, when the officer reasonably believes the animal is confined in violation of this subsection. An animal so removed shall be delivered to the animal control shelter of the animal control authority. The removing officer shall leave written notice of the removal and delivery, including the officer’s name, in a conspicuous, secure location on or within the vehicle; or

(f) Chapter 16.52 RCW, “Prevention of Cruelty to Animals,” as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein, including penalties; except that conduct constituting a felony, as determined by the prosecutor, is excluded.

(g) Violations of this section shall be a misdemeanor. For each violation of this section of a continuing nature, each of the violations may be considered a separate offense. (Ord. 1395 § 10, 2005).

7.02.100 Transport of a pet, animal, or livestock.

Pets, animals and livestock transported in the open bed of a pickup truck or other outside part of a vehicle must be transported with a suitable harness, cage, or enclosure that is utilized and attached so as to protect such animal from falling or being thrown from the vehicle, and would not by design or application cause injury to the animal. Violations of this section shall be an infraction. (Ord. 1395 § 11, 2005).

7.02.110 Statutes adopted by reference.

RCW

as now enacted or hereinafter amended, are hereby adopted by reference as if fully set forth herein, including penalties. (Ord. 1400 § 1, 2006; Ord. 1395 § 12, 2005).

7.02.120 Abatement of nuisances.

Any person found to have committed an infraction or who is convicted of a misdemeanor or gross misdemeanor for violating any of the provisions of this title in keeping or maintenance of any nuisances herein defined shall, in addition to any fine or imprisonment imposed by the court in such action, be ordered to forthwith abate and remove the nuisance; and, if the same is not done by the offender within 24 hours, the same shall be abated and removed under the direction of any officer authorized by the order of said court, which order of abatement shall be entered upon the docket of the court and made a part of the judgment in the action. Any such person shall be liable for all costs and expenses of abating the same when the nuisance has been abated by any officer of the city or animal control agency of the city, which costs and expenses shall be taxed as part of the costs of the prosecution against the party, liable to be recovered as other costs are recovered; and, in all cases where the officer is authorized by the court, shall abate any nuisance and he or she shall keep an account of all expenses attending the abatement; and in addition to other powers herein given to collect the costs and expenses, the city may bring suit for the same in any court of competent jurisdiction against the person keeping or maintaining the nuisance so abated. (Ord. 1395 § 13, 2005).

7.02.130 Penalty for violation.

Unless specifically designated in this chapter as a gross misdemeanor or misdemeanor or is specified to be enforced pursuant to other law, including, but not limited to, other chapters or titles of this code, any violation of this chapter is a civil infraction and the penalty amount is $250.00, not including statutory assessments.

Such penalty is in addition to any other remedies or penalties specifically provided by law. For each act herein prohibited of a continuing nature, each day shall be considered a separate offense. A monetary penalty of $52.00 shall also be imposed for failure to respond to or pay the infraction or citation.

There is assessed a $10.00 administrative fee of $10.00 per ticket, up to $25.00, per payment plan if time payments are requested for payment of fines. (Ord. 1400 § 3, 2006; Ord. 1395 § 14, 2005).

7.02.140 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. 1395 § 15, 2005).