Chapter 6.02
INTRODUCTION
Sections:
6.02.030 Rules of interpretation.
6.02.040 Adoption of RCW by reference.
6.02.050 Chapter 9A.08 RCW, entitled “Principles of Liability” – Adoption by reference.
Legislative history: Ords. 84-15, 84-16, 86-123, 86-126, 88-178, 91-244, 92-286, 93-300, 94-326, 96-386, 97-412 and 2001-533.
6.02.010 Title.
This title shall be known and may be cited as the “Mill Creek animal code.” (Ord. 2007-660 § 1)
6.02.020 Construction.
This title shall be liberally construed to give full effect to the objectives and purpose for which it was adopted, including the health, safety, and welfare of animals and humans. (Ord. 2007-660 § 1)
6.02.030 Rules of interpretation.
A. For the purposes of this title, all words used in the code shall have their normal and customary meanings, unless specifically defined otherwise in this title.
B. Words used in the present tense include the future.
C. The plural includes the singular and vice versa.
D. The words “will” and “shall” are mandatory.
E. The word “may” indicates that discretion is allowed.
F. The word “used” includes designed, intended, or arranged to be used.
G. The masculine gender includes the feminine and vice versa. (Ord. 2007-660 § 1)
6.02.040 Adoption of RCW by reference.
A. As used in this title, “RCW” shall mean the Revised Code of Washington.
B. This title adopts by reference state statutes in the RCW as hereinafter specifically listed.
C. By adopting state statutes, the city intends to assume jurisdiction over and become the jurisdictional authority for the enforcement and prosecution of misdemeanor and gross misdemeanor crimes. Whenever the word “state” shall appear in any statute adopted by reference in this title, the word “city” shall be substituted therefor; provided, however, the term “city” shall not be substituted for the term “state” in those circumstances which set forth administrative or licensing duties of the state and its subdivisions.
D. Whenever a state statute specifically adopted in this title refers to another state statute not specifically adopted in this title, the statute referred to shall be given the force and effect necessary to enforce the statute specifically adopted in this title.
E. Any section of this title that is repealed or amended by ordinance shall remain in full force and effect until the effective date of the ordinance repealing or amending the section. Any state statute that is adopted by reference which is later amended, repealed, or recodified shall remain in full force and effect until the effective date of the legislative act that repeals, recodifies, or amends the state statute. The amendment or recodification of any state statute adopted in this title shall be given its full force and effect upon the effective date of the legislative act that amends or recodifies the state statute without further action of the city.
F. When issuing a citation, information, or complaint for the violation of any section of the RCW adopted by this title, it shall be sufficient for a commissioned officer or prosecutor to cite to and refer to the RCW section number. (Ord. 2007-660 § 1)
6.02.050 Chapter 9A.08 RCW, entitled “Principles of Liability” – Adoption by reference.
The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:
RCW
9A.08.010 General requirements of culpability.
9A.08.020 Liability for conduct of another – Complicity.
9A.08.030 Corporate and personal liability.
(Ord. 2007-660 § 1)
6.02.060 Definitions.
The following definitions shall apply in this title:
“Adequate food and water” means food (or feed) and water that is appropriate and in sufficient quantity and quality to sustain the animal for which it is intended. Adequate food and water shall be in containers designed and situated to allow the animal easy access. Food (or feed) stored outdoors shall be in secure containers that prevent wild animals from accessing the food (or feed).
“Adequate shelter” means a structure commensurate to the size of the inhabiting animal that has at least three walls and a door opening, a roof, and a floor that is raised off the ground. The structure shall be adequately shielded from the elements.
“Adult dog” or “adult cat” means a dog or cat over the age of four months.
“Animal” means any nonhuman mammal, reptile, amphibian, or bird.
“Animal control authority” means the person or department authorized by the city to carry out the duties and responsibilities prescribed by this title.
“Animal services” means providing care, training, transporting, exhibiting, grooming, bathing, cosmetic care, guard service, or any other similar activity for animals.
“Animal services facility” means any location providing care, training, transporting, exhibiting, grooming, bathing, cosmetic care, guard service, or any other similar activity for four or more animals. Animal services facilities do not include veterinary offices, clinics, and hospitals or kennels.
“Animal shelter building” means a building used partially or exclusively for animal shelter that is commensurate to the size of the inhabiting animal that has at least three walls and a door opening, a roof, and a floor that is raised off the ground. The building shall be adequately shielded from the elements. Animal shelter buildings housing rabbits or hens shall be located at least 15 feet from all property lines and dwellings and shall be raised at least one foot off the ground. Animal shelter buildings housing all other animals shall be located at least 35 feet from all property lines and dwellings. Unless they are used as part of an animal services facility or kennel, buildings used to house dogs are not animal shelter buildings.
“Animal shelter, nonprofit” means any not-for-profit facility operated by the Humane Society or a governmental agency or its authorized agents, especially any such agency with whom the city has a contractual relationship, the purpose of which is the impounding or destruction of and/or caring for animals regulated under the authority of this title or state law.
“Barking dog” means any dog which, by frequent or habitual howling, yelping, whining, barking, or other oral noises, and by its volume or frequency, unreasonably disturbs or interferes with the peace of other persons in the vicinity of the premises or upon the public street or in a public place.
“City” means the city of Mill Creek.
“Commercial purpose” or “commercial activity” means any activity that provides goods, merchandise, or services for a commercial purpose; provided, that the sale of puppies or kittens from a hobby kennel does not constitute a commercial activity or commercial purpose.
“Dangerous animal” means any animal which the city or animal control authority reasonably believes has the propensity, tendency, or disposition to attack unprovoked, to cause injury to, or otherwise to endanger the safety of humans or other animals, or which attacks or has attacked a human being or other animal without provocation.
“Dangerous dog” means any dog that (1) inflicts severe injury on a human being without provocation on public or private property, (2) kills a domestic animal without provocation while the dog is off the owner’s property, or (3) has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such, and the dog again aggressively bites, attacks, or endangers the safety of humans.
“Department” means the Mill Creek police department.
“Exotic animal” means any of the following:
1. Venomous or nonvenomous species of snakes capable of inflicting serious physical harm or death to human beings;
2. Poisonous reptiles and poisonous arachnids capable of inflicting serious physical harm or death to human beings;
3. Nonhuman primates and prosimians;
4. Bears;
5. Nondomesticated species of felines;
6. Nondomesticated species of canines and their hybrids, including wolf and coyote hybrids; and
7. The order Crocodilian, including alligators, crocodiles, caimans, and gavials.
“Harbor” means, regardless of ownership, to maintain, lodge, feed, shelter, or allow any animal to remain on property one owns, occupies, or controls.
“Hearing examiner” means the hearing examiner appointed by the police chief.
“Kennel, commercial” means any facility (1) with a commercial purpose or where commercial activity takes place licensed to operate as a facility housing, boarding, and/or breeding dogs, cats, or other animals regardless of the number of animals harbored, (2) where there are more than two litters of kittens and/or puppies in any calendar year, or (3) where more than four adult dogs and/or cats are kept, housed, boarded, or harbored for any commercial purpose.
“Kennel, hobby” means any facility at a private residence in a single-family residential zoning district where four to six adult dogs and/or cats are bred or kept for hunting, training, organized show exhibition, field working, obedience trials, or for enjoyment of the species; provided, that dog and cat reproduction is limited to no more than two litters of puppies and/or kittens in any calendar year.
“Livestock” means horses, ponies, mules, jackasses, cattle, sheep, llamas, goats, swine, and other similar animals.
“Owner” means any person (1) who harbors, keeps, possesses, or maintains an animal, or who encourages an animal to remain about their property for a period of 14 consecutive days or more, (2) named on the license or registration record of any animal as the owner, or (3) the parent or guardian of an owner under 18 years of age.
“Permit” means either to actually allow the prohibited conduct or to know or have reason to know of the circumstances that foreseeably lead to the prohibited conduct if the person with such knowledge or reason to know of those circumstances has control over those circumstances sufficient to have reasonably prevented the prohibited conduct.
“Person” means individuals, firms, corporations, partnerships, associations, or other legal entities, and agents of those entities.
“Police chief” means the head of the Mill Creek police department or his designee.
“Police dog” means a dog used in support of the services provided by the Mill Creek police department or any other public law enforcement agency.
“Potentially dangerous animal” means any animal that when unprovoked (1) inflicts bites on a human, domesticated animal, or livestock either on public or private property, or (2) chases or approaches a person upon the streets, sidewalks, public grounds, or private property in a menacing fashion or apparent attitude of attack, or any animal with a known propensity, tendency, or disposition to attack unprovoked or to cause injury or otherwise to threaten the safety of humans or domesticated animals.
“Potentially dangerous dog” means any dog that when unprovoked (1) inflicts bites on a human or a domestic animal either on public or private property, or (2) chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of humans or domestic animals.
“Proper enclosure of a dangerous animal” means a dangerous animal, while on its owner’s property, securely confined indoors or in a secure pen.
“Research facility” means any laboratory or facility where scientific investigation involving animals as test subjects is conducted.
“Run at large” means any animal off the property of its owner unless the animal is restrained by a leash, tether, or other physical control device not over 16 feet in length and that is under the physical control of a responsible person.
“Secure pen” means a locked pen or structure suitable to prevent entry by children and to prevent escape by the animal. Such pen or structure shall have sides secured either to a concrete floor or embedded at least six inches into the ground, shall have a secured top, and shall also provide protection from the elements for the animal. A secure pen must be approved by the animal control authority.
“Service animal” means an animal in the service of a physically or mentally disabled person that has been trained or approved by an accredited school or state institution engaged in training animals for the purpose of assisting or accommodating physically or mentally disabled persons. Guide dogs are included in this definition.
“Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures and/or cosmetic surgery.
“Small animals and fowl” means rabbits, chinchillas, guinea pigs, hamsters, hens, geese, ducks, turkeys, parakeets, pigeons, and other similar animals.
“Spayed” or “neutered” means medically determined by a veterinarian to be incapable of reproduction; or having a medically determined physical condition, which prohibits performance of a medical procedure to render the animal incapable of reproduction. (Ord. 2007-660 § 1)
6.02.070 Liability.
A. This title does not create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by its terms. This title is not intended to impose any duty whatsoever upon the city or any of its officers or employees for whom the implementation and enforcement of this title shall be discretionary and not mandated.
B. Nothing contained in this chapter is intended to be, nor shall be, construed to create or form the basis for any liability on the part of the city or its officers, employees, or agents, for any injury or damage resulting from the failure of any person to comply with the terms of this chapter, or by reason or in consequence of any omission in connection with the implementation or enforcement of this chapter on the part of the city by its officers, employees, or agents. (Ord. 2007-660 § 1)
6.02.080 Severability.
If any section, subsection, sentence, or provision of this title, or its application to any person or circumstance is held invalid, the remainder of this title, or the application of the section, subsection, sentence or provision to other persons or circumstances is not affected, and to this end, the sections, subsections, sentences, and provisions of this title are declared to be severable. (Ord. 2007-660 § 1)