Chapter 8.04 ANIMAL CONTROL

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.

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

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

“Animal at large” means any animal 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, whether or not the owner of such animal, or which enters upon the property of another person without authorization of that person.

“Biting dog” means any dog known to have bitten or scratched any person or persons or other animal or animals.

“Chasing and intimidating dog” means any dog which is known or in the exercise of reasonable care should be known to chase, run after or jump at vehicles or bikes using public streets, alleys and sidewalks, or which habitually snaps, growls, jumps at or upon or otherwise threatens persons lawfully using public streets, alleys or sidewalks.

“City” means the city of Granite Falls.

Dangerous Dog. RCW 16.08.070 is adopted by reference (see also GFMC 8.04.400 adopting RCW 16.08.070 definitions).

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

“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.

“Livestock” includes horses, cattle, sheep, donkeys, emus, ostriches, buffaloes, llamas, goats, and swine.

“Neutered” or “spayed” means medically determined to be incapable of reproduction or when a licensed veterinarian certifies the physical condition of an animal to be such that a medical procedure has rendered it unproductive.

“Nuisance 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, or is allowed to damage or destroy property of another person, including destruction of wildlife, or continues to trespass onto public or private property.

“Owner” means any person or legal entity having a possessor 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.

“Peacock” means peafowl of either gender or age, and commonly refers to males as peacocks and females as peahens.

Potentially Dangerous Dog. RCW 16.08.070 is adopted by reference (see also GFMC 8.04.400 adopting RCW 16.08.070 definitions).

“Proper enclosure to confine a dangerous dog” means a combination of a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping and which pen or structure is then surrounded by a perimeter fence with its own locked gate. Such pen or structure shall have a locking door with a padlock, secure sides, a concrete floor, and a secure top, and shall also provide protection from the elements for the dog and comply with all applicable provisions of the city of Granite Falls building and zoning code. The fence shall comply with all applicable provisions of the city of Granite Falls building and zoning code. The premises where the dangerous dog is located must be posted with a clearly visible warning sign/symbol that informs children as well as adults of the presence of a dangerous dog. Such signage shall be posted by the primary entry to the property and on the perimeter fence to the pen or structure.

“Rooster” means an adult male bird, whether younger and sometimes called a cockerel, mature and called a rooster, or castrated and called a capon, and all of which are domesticated chickens (Gallus domesticus).

“Stray animal” means any animal declared to be found running at large, is not licensed, has no identification tag, and has no apparent home where it is cared for on a regular basis.

“Trespassing dogs and cats” means to trespass on private or public property without the permission or consent of the property owner. [Ord. 1026 § 1, 2022; Ord. 1014 § 1, 2021; Ord. 858 § 1, 2013; Ord. 672, 2003; Ord. 640, 2001.]

8.04.030 Purpose.

It is hereby declared that the public policy of the city of Granite Falls is to encourage, secure and enforce those animal control measures deemed desirable and necessary, for the protection of human health and safety, 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 provide a means of licensing dogs, impounding animals, and controlling animal behavior to prevent injury to property or curtail cruelty to animals. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.040 Livestock not to run at large.

No livestock or fowl of any kind shall be allowed to run at large during any hour of the day or night upon any unenclosed land, public or private, within the city limits. A violation of this provision shall be a misdemeanor. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.050 Hitching of horses prohibited in business districts.

It is unlawful for any person to leave a horse tied, fastened or hitched to any object in a business, commercial or industrial zone within the city limits, except for special events approved by the city. A violation of this provision shall be a misdemeanor. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.060 Driving or riding animals so as to endanger person or property.

It is unlawful for any person to drive, herd or ride a horse or other livestock in the city in such a manner as to endanger or to be likely to endanger any person or property, or to drive or ride a horse or other livestock upon any sidewalk in the city; provided, that this section shall not prohibit any person from driving or herding livestock in a safe manner consistent with reasonable farming or ranching practices. A violation of this provision shall be a gross misdemeanor. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.070 Livestock – Impounding authorized.

Any animal found in violation of GFMC 8.04.040 through 8.04.060 within the city limits may be impounded by the animal control officer or any police officer, and kept at the city facility or at some other facility suitably equipped for the care and confinement of the animal. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.080 Notice of impoundment.

The animal control officer or police officer impounding any animal shall give the owner thereof written notice of the impoundment as soon as possible, but not more than three days after impoundment. If the owner is not known, such notice shall be given by posting the same in a conspicuous place at the entrance of City Hall and the city police department, which notice shall state that the animal or animals described therein have been taken up and impounded and may be adopted, euthanized, or sold at public auction to the highest bidder for cash at the time therein named, which time shall not be less than 10 days from the time of service or posting of the notice. The proceeds of the sale shall be applied to pay legal fees, costs and expenses incurred by the city in impounding, keeping and selling the animal. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.090 Livestock – Redemption – Fees – Procedure for sale of unredeemed animals – Profits of sale held for owner.

(A) If at any time before such sale the owner of the animal or animals so taken up or impounded claims the same, the owner shall be entitled to possession thereof by paying to the city the appropriate fees as stated. Fee schedule:

(1) Transportation and Impoundment Expenses. The fee shall progressively double for each impoundment of the same animal during any one-year period;

(2) Actual cost per day for room and board during the period of impoundment;

(3) Any and all delinquent court fines imposed with respect to the animal.

(B) At the time named in said notice, if such animal or animals are not claimed and redeemed, the animal control officer shall sell such animal or animals at public auction to the highest bidder for cash and shall immediately pay the proceeds of such sale into the city treasury, and give a receipt therefor to the purchaser. The city may contract for auctioneer services and pay expenses thereof from the proceeds from the sale of said animals.

(C) If the owner or owners of any animal or animals sold under the provisions of this chapter shall at any time within one year from the date of such sale make satisfactory proof of ownership, he/she or they shall be entitled to receive the net proceeds of such sale so paid into the city treasury, after deducting all legal charges, administrative costs and expenses. If such funds have not been claimed after one year, such proceeds shall be deemed forfeited and deposited in the general fund. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.100 Licensing 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 Granite Falls unless the person, firm or corporation has first procured a license therefor as provided in this chapter. A violation of this provision shall be a misdemeanor. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.110 Issuance of licenses and tags – Transferability – Attaching tag.

It shall be the duty of the city clerk/treasurer or his/her appointee 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. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.120 License fees.

The following fees shall be paid for licenses under this chapter:

Unaltered dogs	$30.00 per year
Neutered or spayed dogs	$15.00 per year
Altered and microchipped	$25.00 lifetime
Replacement metal tags	$3.00
Neutered or spayed dogs belonging to 62 years or older senior citizens	$10.00 lifetime
Service dogs	N/C
Cat registration:
Unaltered	$30.00 lifetime
Altered	$10.00 lifetime

Documentation from a veterinarian or other sufficient medical proof must be provided when licensing a neutered or spayed dog or registering a neutered cat. The city council may revise any of the license fees by resolution. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.130 Dogs – Term of renewal of licenses.

All licenses required under this chapter, except the lifetime license for neutered dogs, shall expire on June 13th of each year. Annual license fees shall be due and payable within 30 days after acquisition of a dog and within 45 days after June 13th of each year. A penalty charge of $10.00 shall be added to any license fee which is delinquent. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.140 Dog license exemptions.

The licensing provisions of this section 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 person, 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. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.150 Dogs and cats – Impoundment – Redemption.

(A) The animal control officer of the city of Granite Falls may impound dogs and cats which fall in one or more of the following categories:

(1) Those dogs which are not licensed pursuant to this chapter.

(2) Those dogs which do not exhibit the identification tag as required in this chapter.

(3) Stray animals as defined in this chapter.

(4) Biting dogs as defined in this chapter.

(5) Dangerous dogs as defined in this chapter.

(6) Noisy dogs and cats as defined in this chapter.

(7) Trespassing dogs and cats as defined in this chapter.

(8) Dogs running in packs.

(9) Chasing or intimidating dogs as defined in this chapter.

(10) Dogs habitually running at large in violation of this chapter.

(11) Dogs and cats which are declared public nuisances, but which have not been abated pursuant to this chapter.

(12) Dogs and cats which are voluntarily surrendered to the animal control officer by any person who purports to be the owner of the same, or by any person who declares that the animals are stray animals, as defined by this chapter.

(B) The animal control officer shall use 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 sold, adopted or destroyed by paying to the city appropriate license fees if the animal has not been previously licensed, any and all delinquent court fines with respect to that animal, the sums set forth in the following fee schedule:

Fee Schedule for Impound
First offense	$25.00 impound fee*
Second offense	$50.00 impound fee*
Third offense	$150.00 impound fee*

* $7.50 boarding fee per day

(C) If an animal is sold pursuant to this chapter, the net proceeds from the sale shall offset the accrued transportation/impoundment fees and for room and board. The net proceeds of the sale shall not offset any delinquent court fines. The monetary amounts set forth herein for redemption or room and board may be amended by resolution of the city council. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.160 Destruction and sale of animals.

(A) The animal control officer or other properly certified person shall have the authority to sell, adopt or destroy, 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:

(1) Immediately upon determining that it would be humane to destroy an injured or diseased animal and the animal is unlicensed or the owner cannot be located. A veterinarian, animal control officer or police officer will make a determination of whether the animal will be destroyed;

(2) Ten working days after an animal has been impounded pursuant to this chapter.

(B) The animal control officer or other properly certified person as defined in GFMC 8.04.270 shall have the authority to sell such animal(s) with the net proceeds of such sale so paid into the city treasury, after deducting legal charges, administrative costs and expenses. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.170 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 within the year preceding application for license. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.180 Stray animals.

Any animal is subject to impoundment if it is found to be a “stray animal” as defined in GFMC 8.04.020. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.190 Confinement and redemption of biting dogs.

(A) It is unlawful for the owner or owners of a “biting dog(s)” as defined in GFMC 8.04.020 to harbor or keep such dog without permitting an examination or inspection of such dog after due demand therefor by the chief of police or his designee. If, after such inspection or examination, good cause appears to be that such animal is suffering or has been exposed to rabies, such animal may be impounded and quarantined apart from other animals for a 10-day period from and after the date of seizure.

(B) Any dog impounded under this section may be redeemed at the expiration of such period or prior thereto, upon the determination of the county health department that it is free from such disease, and upon the payment to the impounding authority of the maintenance charge for each day of confinement, as set forth in GFMC 8.04.150. A violation of this provision shall be a gross misdemeanor. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.200 In-heat dogs and cats at large prohibited.

It is unlawful for the owner or custodian of any female dog or cat to allow said dog or cat to be at large during regular heat period, and any such dog or cat running at large during such period is a nuisance and may be impounded as such. A violation of this provision shall be a gross misdemeanor. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.210 Trespassing dogs and cats prohibited – Requirement to remove fecal matter.

(A) It is unlawful to permit any dog or cat to trespass as defined in GFMC 8.04.020 on private or public property or befoul any property.

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

(C) It is unlawful for a person to fail to have in his possession the equipment necessary to remove fecal matter deposited by an animal when on public property or a public right-of-way. A violation of this provision shall be a misdemeanor. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.220 Nuisance dogs and cats prohibited.

It is unlawful to allow a dog or cat to unreasonably disturb persons with loud and continuous noises as defined in GFMC 8.04.020(L), or damage or destroy landscaping or property of another person, including destruction of wildlife that has purposefully attracted to the person’s property, or trespass on private property and the property owner or tenant supplies a written complaint to animal control, and, in the case of a cat, physically contains the cat. A violation of this provision shall be a misdemeanor. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.230 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 GFMC 8.04.020(F) to allow the same to run at large and not under restraint. A violation of this provision shall be a gross misdemeanor. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.240 Commission for officers enforcing.

Appointees of the city of Granite Falls charged with the duty of controlling animals shall have limited law enforcement commission to enforce provisions of this chapter. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.250 Animal control officer appointed.

The animal control officer of the city shall be appointed by the city manager or his/her designee. The position shall be subject to the supervision of the chief of police or his/her designee. [Ord. 904 § 16, 2015; Ord. 672, 2003; Ord. 640, 2001.]

8.04.260 Animal control shelter.

The city may maintain and operate, or contract to maintain and operate, an animal control shelter, which shall be used as the public pound for any animal or the livestock referred to in this chapter. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.270 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 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 charge, showing the name of the owner, to whom delivered, together with the amount realized on such release. The 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. 672, 2003; Ord. 640, 2001.]

8.04.280 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 impounding of any 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 the pound, or to aid in any attempt to remove any animal or animals from the pound. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.290 Entering private property to take possession of animal.

The animal control officer may enter the unenclosed private property of another with or without warrant, when in hot pursuit to take possession of any animal observed by the animal control officer in violation of this chapter. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.300 Leash required.

It is unlawful for the owner or custodian of any dog or cat to cause, permit or allow such dog or cat to roam, run, stray, or to be away from the premises of such owner or custodian and to be on any public place, or on any public property, or the private property of another in the city of Granite Falls, unless such dog or cat, 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 or cat found roaming, running, straying or being away from such premises and not on a leash as provided in this section may be impounded subject to redemption in the manner provided by this chapter. A violation of this provision shall be a civil infraction. [Ord. 672, 2003; Ord. 640, 2001.]

8.04.310 Humane trapping or catching dogs and cats – Procedure.

Any person 18 years of age or older may humanely trap or catch any dog or cat that has entered the premises of that person’s property without the authority of that person. After trapping or catching any dog or cat the person shall deliver that animal to the city’s shelter or turn it over to the animal’s owner or the animal control officer within 24 hours. [Ord. 672, 2003.]

8.04.320 Restraint or enclosure.

All persons owning or having control or possession of any exotic animal, livestock or fowl within the city of Granite Falls shall keep the same safely and appropriately enclosed at all times on the premises owned and occupied by such persons. A violation of this provision shall be a misdemeanor. [Ord. 672, 2003; Ord. 640, 2001. Formerly 8.04.310.]

8.04.330 Disposal of diseased animal carcass.

Every person owning or having in charge any animal that has died or been killed due to disease shall immediately notify a veterinarian and dispose of the carcass per veterinarian instructions, supplying the chief of police, animal control officer or his/her designee with written document. No person shall sell, offer to sell or give away the carcass of any animal which died or was killed on account of disease, except the city has the authority to seize the carcass for public health and safety purposes. A violation of this provision shall be a gross misdemeanor. [Ord. 672, 2003; Ord. 640, 2001. Formerly 8.04.320.]

8.04.340 Pigeons – Exception.

The provisions of this chapter shall not apply to pigeons during periods when they are being trained or exercised; provided, that pigeons shall not be allowed to trespass on private property so as to damage, destroy or befoul any property. [Ord. 672, 2003; Ord. 640, 2001. Formerly 8.04.330.]

8.04.350 Location of building – Enclosures must be clean.

(A) Any building inhabited by livestock or fowl shall be located at a minimum distance of 100 feet of any adjoining residence.

(B) All houses, pens or enclosures where chickens, turkeys, geese, ducks, pigeons or other domestic fowl or rabbits are kept shall be kept clean and free from disagreeable odors. No organic materials furnishing food for flies shall be allowed to accumulate on the premises. All manure and other refuse must be kept in tightly covered fly-proof receptacles and disposed of at least once each week in a manner approved by the animal control officer. A violation of this provision shall be a misdemeanor. [Ord. 672, 2003; Ord. 640, 2001. Formerly 8.04.340.]

8.04.355 Roosters and peacocks.

No rooster or peacock shall be allowed to disturb persons with loud and continuous noises. At no time shall roosters or peacocks be allowed to be kept within the city limits. [Ord. 1026 § 2, 2022.]

8.04.360 Pigsty.

No pigsty, piggery or other place where swine are kept shall be built or maintained on marshy ground or land subject to overflow, nor within 200 feet of any stream or other source of water supply, nor within 300 feet of any inhabited house or public meeting house on adjoining property. A violation of this provision shall be a misdemeanor. [Ord. 672, 2003; Ord. 640, 2001. Formerly 8.04.350.]

8.04.370 Swine – Garbage feeding.

When garbage is fed to pigs, all unconsumed garbage shall be removed daily and disposed of by burial or incineration. No organic material furnishing feed for flies shall be allowed to accumulate on the premises. All garbage shall be handled and fed upon platforms of concrete or other impervious material. Unslaked lime, hypochlorite of lime, borax or mineral oil shall be used daily in sufficient quantities to prevent offensive odors and the breeding of flies. A violation of this provision shall be a gross misdemeanor. [Ord. 672, 2003; Ord. 640, 2001. Formerly 8.04.360.]

8.04.380 Rat- and mice-free premises.

All premises where any of the livestock or fowl mentioned in this chapter are kept shall be free from rats and rat and mice harborages. A violation of this provision shall be a gross misdemeanor. [Ord. 672, 2003; Ord. 640, 2001. Formerly 8.04.370.]

8.04.390 Cruelty to animals.

The following statutes or as amended regarding cruelty to animals are incorporated by reference:

RCW

16.52.011 Definitions.

16.52.015 Enforcement Powers.

16.52.080 Transporting or Confining Animals in an Unsafe Manner – Misdemeanor.

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 – Misdemeanor.

16.52.117 Animal Fighting – Owner, Trainers, Spectators – Exceptions – Gross Misdemeanor.

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 Cruelty to Animals in the First Degree – Class C Felony.

16.52.207 Cruelty to Animals in the Second Degree – Misdemeanor.

16.52.210 Destruction of Animal by Law Enforcement Officer – Immunity from Liability.

16.52.300 Dogs or Cats Used as Bait – Penalties.

46.61.660 Carrying Animal on Outside of Vehicle.

[Ord. 672, 2003; Ord. 640, 2001. Formerly 8.04.380.]

8.04.400 Dangerous dogs.

The following 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. 672, 2003; Ord. 640, 2001. Formerly 8.04.390.]

8.04.410 Provisions of GFMC 8.04.400.

The provisions of GFMC 8.04.400 apply to all “dangerous dogs” and “potentially dangerous dogs” as defined in RCW 16.08.070. [Ord. 672, 2003; Ord. 640, 2001. Formerly 8.04.400.]

8.04.420 Declaration of potentially dangerous and dangerous dogs – Procedure.

(A) The police department shall classify potentially dangerous and dangerous dogs. The department may find and declare an animal potentially dangerous and dangerous if an animal control officer has probable cause to believe that the animal falls within the definitions set forth in GFMC 8.04.020. The finding must be based upon:

(1) The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of GFMC 8.04.020; or

(2) Dog bite reports filed with the police department; or

(3) Actions of the dog witnessed by any animal control officer or law enforcement officer; or

(4) Other substantial evidence.

(B) The declaration of potentially dangerous and dangerous dogs shall be in writing and shall be served on the owner in one of the following methods:

(1) Certified mail to the owner’s last known address;

(2) Personally; or

(3) If the owner cannot be located by one of the first two methods, by publication in a newspaper of general circulation.

(1) The description of the animal;

(2) The name and address of the owner, if known;

(3) The location of the animal if not in custody of the owner;

(4) The facts upon which the declaration of potentially dangerous dog is based;

(5) The restrictions placed on the animal; and

(6) The ability and process for appealing the declaration to the Snohomish County district court.

(D) Prior to the authority issuing its final determination, the authority shall notify the owner in writing that he or she is entitled to an opportunity to meet with the authority, at which meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous. The notice shall state the date and time and location of the meeting, which must occur prior to the expiration of 15 calendar days following the delivery of the notice. The owner may propose an alternative meeting date and time, but such meeting must occur within the 15-day time period set forth in this section. After such meeting, the authority must issue its final determination, in the form of a written order, within 15 calendar days. In the event the authority declares the dog to be dangerous, the order shall include a recital of the authority for the action, a brief, concise statement of the facts that support the determination, and the signature of the person who made the determination. The order shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner’s last address known to the authority.

(E) Appeal – Confinement – Costs.

(1) Filing.

(a) The owner may appeal the authority’s final determination that the dog is dangerous or potentially dangerous to the Cascade district court. The owner must make such an appeal within 20 days of receiving final determination. Failure to timely file a notice of appeal shall constitute a waiver of the right to appeal the potentially dangerous dog declaration or declaration of dangerous dog.

(b) The owner will file the request for appeal in the form as in subsection (E)(2) of this section with the city clerk.

(c) The city attorney will file the appeal with Cascade district court, request and calendar note for appeal hearing within 10 business days. The city will pay the filing fee if any.

(d) If the dog is determined to be dangerous or potentially dangerous, the owner must pay for all costs including the filing fee and costs of confinement and control.

(2) Form. An appeal pursuant to this chapter shall be written and shall conform substantially to the following requirements:

(a) A caption reading: “Appeal of __________,” giving the names of all appellants participating in the appeal;

(b) A brief statement setting forth the legal interest of each of the appellants involved in the notice and order;

(c) A brief statement in concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;

(d) A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside;

(e) Signatures of all parties named as appellants, and their official mailing addresses; and

(f) Certification (by signature of the appellant(s)) that the appellant(s) has read the appeal, and that to the best of the appellant’s knowledge, information, and belief, the appeal is well grounded in fact.

(3) Scheduling of Hearing. Upon receipt of a timely filed notice of appeal, a hearing shall be scheduled not more than 40 days from the date of filing of the notice of appeal with the city. The clerk of the court shall send written notice of the date and time of the hearing to the appellant(s) at least 10 days prior to the scheduled hearing date. It shall be the responsibility of the parties to notify witnesses of the hearing date and time. The failure of the appellant to appear at the hearing shall result in a denial of the appeal and upholding of potentially dangerous dog declaration, or declaration of dangerous dog.

(4) Enforcement Stayed During Pendency of Appeal. Unless otherwise determined by the court, enforcement of the declaration of potentially dangerous dog or dangerous dog shall be stayed during the pendency of the appeal. While the appeal is pending the court may order the dog be confined or controlled in compliance with GFMC 8.04.400.

(5) Appointment of the Hearing Examiner. Cascade district court is appointed as the hearing examiner. The court may uphold, dismiss, or modify the potentially dangerous dog declaration, or declaration of dangerous dog. A written order shall be prepared and signed by the court.

(6) Presentation of Evidence. At the appeal hearing, the court shall take evidence and testimony relevant to the potentially dangerous dog declaration or dangerous dog declaration. Testimony and evidence will be taken pursuant to the court rules, case law and rules of evidence. Parties are responsible for subpoenaing any witnesses they deem necessary to testify.

(7) Burden of Proof and Standard of Review. At the appeal hearing before the court/hearing examiner, the declaring agency/police department shall have the burden of providing that the dog is potentially dangerous or dangerous by a preponderance of the evidence.

(8) Hearing Before Court/Hearing Examiner. The owner of the animal may present evidence in defense of the animal. The court/hearing examiner shall weigh the evidence presented by both the police department and the owner (if applicable), and shall issue a written decision that upholds, dismisses, or modifies the declaration of potentially dangerous or dangerous dog.

(a) If the declaration is upheld or dismissed by the court, the appealing owner or the police department shall be notified of the right to appeal.

(b) If the declaration is dismissed and an appeal is not timely filed by the police department, any restrictions on the animal previously imposed shall be annulled.

(9) Decision of the Court. The decision of the judge of the Cascade district court shall be a final administrative decision appealable to the Snohomish County superior court within 30 days of the date of final written order.

(F) It is unlawful for an owner to have a dangerous dog in the city of Granite Falls without a certificate of registration. This section does not apply to police dogs.

(G) The animal control authority shall issue a certificate of registration to the owner of such animal if the owner presents to the animal control authority sufficient evidence of:

(1) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog;

(2) A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in the form acceptable to the animal control authority in the sum of at least $250,000, payable to any person injured by the dangerous dog; or

(3) A policy of liability insurance, such as homeowners’ insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000, insuring the owner for any personal injuries inflicted by the dangerous dog.

(H) Nothing in this section limits the animal control authority in placing additional restriction upon owners of dangerous dogs.

(I) Exclusions. A dog shall not be declared dangerous if the police department or court/hearing examiner determines, by a preponderance of the evidence, that the threat, injury, or bite alleged to have been committed by the dog was sustained by a person who was at the time committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or who was tormenting, abusing, or assaulting the dog, or who had been in the past observed or reported to have tormented, abused, or assaulted the dog, or who was committing or attempting to commit a crime. [Ord. 858 § 2, 2013; Ord. 672, 2003; Ord. 640, 2001. Formerly 8.04.410.]

8.04.430 Permits and fees.

Following the declaration of potentially dangerous dog and the exhaustion of the appeal process, the owner of a potentially dangerous dog shall obtain a permit for such dog from the office of the clerk upon proof that all registration requirements of RCW 16.08.080 have been satisfied, and shall be required to pay $250.00 for the permit. If the owner fails to obtain a permit or fails to file an appeal, the animal control officer is authorized to seize and impound the animal and, after notification to the animal owner, hold the animal for no longer than five days before the destruction of the animal. [Ord. 672, 2003; Ord. 640, 2001. Formerly 8.04.420.]

8.04.440 Notification of status of potentially dangerous dog.

(A) The owner of the potentially dangerous dog shall immediately notify the police department when the animal:

(1) Is loose or unconfined off the property; or

(2) Has bitten or injured a human being or another animal; or

(3) Is sold or given away or dies; or

(4) Is moved to another address.

(B) Prior to a potentially dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control agency. The new owner shall comply with all the requirements of this chapter. [Ord. 672, 2003; Ord. 640, 2001. Formerly 8.04.430.]

8.04.450 Animal regulations.

(A) The maximum number of household pets is limited to three dogs and three cats or other animals as defined in GFMC 8.04.020, not to exceed a total of six animals per household.

(B) No structure to house the household pet may be within 15 feet of a property line. [Ord. 672, 2003.]

8.04.460 Licensing – Animal shelters, kennels, catteries, hobby kennels, hobby catteries, pet shops, grooming services – General requirements.

All animal shelters, kennels, catteries, hobby kennels, hobby catteries, pet shops, and grooming services must be licensed by the city and issued by the city clerk. Licenses will be valid for one year from the date of application. Fees shall be assessed as determined by resolution of the city council. There is no peroration of the license fee. Renewal licenses shall retain the original expiration date whether renewed prior to, on, or after their respective renewal month. Any person(s) who engages in more than one of the services or maintains more than one of the types of facilities cited in this section shall pay license fees as determined in GFMC 8.04.430.

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. 672, 2003; Ord. 640, 2001. Formerly 8.04.440.]

8.04.470 Kennel permit required.

(A) No person shall keep dogs and/or cats over three months of age which exceed the maximums or operate a hobby, private or commercial kennel without first obtaining a permit from the animal control officer. Said animal control officer shall have administrative authority to allow an exceedance of the maximum number of dogs and cats or to operate a commercial kennel; provided, however, in no event shall such administrative approval be granted for an exceedance of the maximums by more than three dogs or cats without a conditional use permit from the city planning commission and city council. Any aggrieved party may appeal the decision of the animal control officer to the city council, which is authorized to hear such appeals and make a decision.

(B) Hobby kennel: $10.00/year. All animals must be spayed or neutered and licensed with no more than six to eight animals.

(D) Commercial kennel: $75.00/year plus business license. Total of 12 animals. Anything over 12 dogs or cats will have to get a special permit obtained through the city council upon recommendation from the animal control officer. Permit fees for kennel upon approval from animal control officer after inspection shall be:

13 – 24 dogs or cats:	$250.00
25 – 36 dogs or cats:	$500.00

(E) All kennels subject to inspection. [Ord. 672, 2003; Ord. 640, 2001. Formerly 8.04.450.]

8.04.480 Hobby, private and commercial kennel 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.

(6) May not be restrained or enclosed outdoors so that the animal is able to come within 25 feet of a property line.

(7) No structure to house the animals may be within 25 feet of a property line.

(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. 672, 2003; Ord. 640, 2001. Formerly 8.04.460.]

8.04.490 Grooming parlors – Conditions.

Grooming parlors shall:

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

(B) Keep each animal in an individual cage;

(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. [Ord. 672, 2003; Ord. 640, 2001. Formerly 8.04.470.]

8.04.500 Penalties.

(A) Any violation of this chapter not otherwise designated a misdemeanor or gross misdemeanor shall constitute a civil infraction punishable by a fine in the amount not to exceed $250.00.

Bail Schedule
First offense:	$50.00
First offense:	one-half off ($25.00) if paid within 15 days
Second offense:	$100.00
Third offense:	$250.00

(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 not to exceed $500.00.

(C) Any violation of this chapter designated a misdemeanor shall be punishable by a maximum of 90 days in jail and/or a fine not to exceed $1,000.

(D) Any violation of this chapter designated a gross misdemeanor shall be punishable by a maximum of 365 days in jail and/or a fine not to exceed $5,000. [Ord. 672, 2003; Ord. 640, 2001. Formerly 8.04.480.]

8.04.510 Public nuisance – Notice of abatement – Penalties.

Upon being advised of any violation of this chapter, the animal control officer may 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 may be unlawful for any person to fail to comply with the notice of abatement. Any person found guilty of the failure to comply may be guilty of a separate civil infraction for each day of noncompliance. [Ord. 672, 2003; Ord. 640, 2001. Formerly 8.04.490.]

8.04.520 Public nuisance – 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 animal control officer that any dog or cat is a habitual problem by reason of continued violations of any section of this chapter, the animal control officer may 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 may 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 or a civil infraction or applicable infraction provided in this chapter. [Ord. 672, 2003; Ord. 640, 2001. Formerly 8.04.500.]

8.04.530 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 provisions 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 officer, 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. 672, 2003; Ord. 640, 2001. Formerly 8.04.510.]

8.04.540 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 Granite Falls 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. 672, 2003; Ord. 640, 2001. Formerly 8.04.520.]

8.04.550 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. 672, 2003; Ord. 640, 2001. Formerly 8.04.530.]

Prior legislative history: Ords. 319, 354, 369 and 381.