Chapter 6.04 ANIMAL CONTROL AND PROTECTION

The ordinance codified in this chapter shall be designated and may be cited as the “City of Mount Vernon Animal Control and Protection Ordinance.” (Ord. 3301 § 1, 2005).

6.04.020 Purpose.

It is hereby declared to be the public policy of the city of Mount Vernon to adopt and enforce those animal control measures deemed necessary for the protection of the health, welfare and safety of the residents and animals within Mount Vernon and to prevent damage to property and cruelty to animals. To this end, it is the purpose of the ordinance codified herein to provide a means of licensing dogs, cats and facilities; to register animals other than dogs and cats and to regulate animal behavior so that it will not constitute a nuisance; to prevent or curtail inhumane treatment of animals; and to prevent or curtail domestic animal overpopulation. (Ord. 3301 § 1, 2005).

6.04.030 Definitions.

Within the provisions of this chapter, the following definitions shall apply:

A. “Agent” means any public or private establishment authorized by the city of Mount Vernon to issue pet licenses.

B. “Altered” shall hold the same meaning as “neutered.”

C. “Animal” means any member of the classes reptile, amphibian, arachnid, bird, fish or nonhuman mammal.

D. “Animal control officer” means any person who has been appointed by the mayor and whose work is directed by the chief of police for the purpose of administering and enforcing the provisions of this chapter and the provisions of RCW 16.08.070 through 16.08.100, including all persons granted such authority and responsibility by contract with the city. In addition, any city police officer shall be an ex officio animal control officer and have like enforcement authority.

E. “Animal shelter” means a facility which is used to temporarily house or contain stray, homeless, abandoned or unwanted animals, for a period of time not to exceed six months, and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.

F. “At large” means off the premises or outside the vehicle of the owner or keeper of the animal and not under restraint by a leash, tether or other physical control device.

G. “Cat colony” – See MVMC 6.10.010.

H. “Domestic animal” means any animal other than livestock that lives and breeds in a tame condition. For the purposes of this chapter, this generally refers to dogs and cats.

I. “EAID” means electronic animal identification device.

J. “Exotic 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 animal except livestock and domesticated animals which due to size, habits, natural propensities, instinct, handling or training presents a danger or potential danger to human beings, animals or property if not kept, maintained or confined in a safe and secure manner.

K. “Feral” means any animal, normally classified as domestic, which has escaped domestication and become wild, or, the offspring of outdoor intact domestic animals, owned or abandoned.

L. “Grooming parlor” – See MVMC 6.10.010.

M. “Guard dog” means any type of dog specifically trained and used for the purpose of defending, patrolling or protecting property or life. The term “guard dog” shall exclude police dogs and dogs used primarily for handling and controlling livestock or farm animals.

N. “Keeper” means any person, including an owner, who provides animals with food, water and general care.

O. “License” or “tag” means a prenumbered identification tag acquired by the owner from an authorized agent for a specific pet animal. Rabies identification or other identification may not be substituted or accepted in lieu of a license.

P. “Licensed veterinarian” means any person licensed to practice veterinary medicine in the state of Washington.

Q. “Microchip” means an EAID.

R. “Neutered” 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 incapable of reproduction.

S. “Owner” means any person(s), firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control, custody or possession of an animal.

T. “Person” means any individual, firm, partnership, corporation, trust or association of persons.

U. “Pet” shall hold the same meaning as “domestic animal.”

V. “Police dog” means a dog used by a law enforcement agency and specially trained for law enforcement work.

W. “Rabies quarantine” means the keeping of a biting animal or the suspected biting animal separate and apart from other animals and people for a period of at least 10 days.

X. “Service dog” means a properly trained dog certified by a licensed training facility that has an expertise in training dogs for physically impaired persons.

Y. “Spay” shall hold the same meaning as “neuter.”

Z. “Stray” means any dog or cat wandering or roaming without an apparent owner or home.

AA. “Wild animal” shall hold the same meaning as “exotic animal.” (Ord. 3301 § 1, 2005).

6.04.040 Mandatory licensing of dogs and cats.

It is unlawful for any person to keep or maintain a dog over 20 weeks of age or cat over 12 weeks of age within the city without obtaining and retaining a license as required by this chapter. A serially numbered round metal license tag provided by the city shall be securely affixed to a collar and worn by the animal when away from the owner’s premises; provided, that dogs and cats, while kept in a commercial kennel or cattery, pet shop, veterinary clinic, grooming parlor, or in the animal shelter designated as the custodian of animals impounded under this chapter, shall be exempt from this license requirement; provided, any person who newly acquires an unlicensed or licensed dog or cat of licensing age, shall have 30 days within which to obtain the license required by this chapter. Such license is valid for the life of the animal and is nontransferable. See special requirements for guard dogs. (Ord. 3301 § 1, 2005).

6.04.050 Optional pet registration.

A city resident may register any domestic animal legally allowed under this title other than a dog or cat upon completion of an application and payment of a pet registration fee, if any such fee is required by this chapter. The pet registration is valid for the life of the animal and is nontransferable. (Ord. 3301 § 1, 2005).

6.04.060 Dog and cat licensing and pet registration – Agents.

In addition to city employees, the city council may designate an authorized agent or agents for issuance of city animal licenses and tags and for the registration of other animals. The agent or agents may be the designated animal shelter operator, licensed veterinarian, pet shop, commercial kennel and cattery operators, and grooming parlor operators with whom the city has entered into an agreement for such service. In the case of licensing by agents other than city employees, an agent’s fee of $2.00 shall be collected and retained by the agent. Agents shall within 24 hours of receipt electronically transmit the animal licensing information to the city. (Ord. 3301 § 1, 2005).

6.04.070 Dog and cat licensing and pet registration – Application.

Anyone applying for a license for a dog or cat or for registration of another domestic animal shall submit the following information:

A. The name, address and telephone number of the legal owner of the animal;

B. The name, address and telephone number of the person having custody of the animal, if other than the legal owner;

C. The name, age, breed, color, sex, distinguishing features, markings or tattoos of the animal, and, in the case of dogs or cats, whether the animal has been neutered;

D. In the case of cats of questionable breed, they shall be recorded as domestic short hair, domestic medium hair, or domestic long hair, as appropriate;

E. The address of the property at which the animal is ordinarily kept or maintained;

F. A certificate of a veterinarian indicating the dog or cat has current rabies immunization;

G. A certificate of a veterinarian indicating the dog or cat has been neutered, if claiming so;

H. EAID information, if applicable. (Ord. 3301 § 1, 2005).

6.04.080 Dog and cat licensing and pet registration – Record of.

A record of all animal licenses, pet registrations, and their accompanying applications and any supporting certifications shall be maintained by the police department. (Ord. 3301 § 1, 2005).

6.04.090 Dog and cat license – Fees.

License for neutered dogs and cats shall be valid for the life of the animal. License for intact dogs and cats shall be renewed annually. All licenses are nontransferable. License fees are as follows:

A. Neutered: free;

B. Intact: $50.00 per year;

C. Replacement tags: $2.00. (Ord. 3301 § 1, 2005).

6.04.100 Dog and cat license – Late penalty.

A late penalty of $5.00 shall be assessed for any dog or cat license application not received within 30 days of the animal first being kept or maintained in the city, or, the animal reaching the age of 20 weeks for dogs and 12 weeks for cats, as provided for in MVMC 6.04.040. (Ord. 3301 § 1, 2005).

6.04.110 Dog and cat license – Tag issuance.

Upon proper application and upon payment of applicable fees, if any, by the owner or person having the custody and control of any dog or cat, the attending employee or agent shall issue to such person a serially numbered round metal identification tag for such animal and such person shall ensure that the tag thereafter is securely affixed to a substantial collar or harness to be worn by the dog or cat at all times except when the animal is securely confined within a residence or enclosure or is being displayed in an exhibition. An electronic animal identification device may be implanted in addition to, but not in place of, the serially numbered tag. (Ord. 3301 § 1, 2005).

6.04.120 Cats and dogs – Maximum number owned or kept.

No person shall own or keep within the city more than three dogs of licensing age but may own or keep any number of cats of licensing age, to a maximum of six total cats and dogs of licensing age; except, that any person intending to own or keep more than three dogs or more than six total cats and dogs of licensing age, as referred to in this section, shall do so only as a properly licensed commercial kennel, cattery, veterinary clinic or similar use. (Ord. 3301 § 1, 2005).

6.04.130 Cats and dogs – Maximum number – Exception.

In addition to the pet limitations outlined in MVMC 6.04.120, any person, due to unforeseen or emergency circumstances, may temporarily shelter a total of two additional cats and dogs in any combination of cats and/or dogs for up to six months. Such animals shall be disclosed to the animal control officer and licensed as any other animal covered under this chapter. (Ord. 3301 § 1, 2005).

6.04.140 Guard dogs – Special requirements.

Guard dog owners and guard dog services shall register all dogs used within the city, regardless of owner address. In addition to information required by MVMC 6.04.070, the registration shall include:

A. EAID number:

1. EAID type;

2. Proof of ownership (bill of sale, veterinarian affidavit, etc.).

B. Guard dogs, newly acquired by owners or guard dog services, shall be vaccinated against rabies and registered with the city no later than 10 days from acquisition and in no case shall such animal be placed in service prior to vaccination.

C. Guard dogs shall be registered annually with the city.

D. Each guard dog shall have an implanted EAID readable by the city’s equipment.

E. The escape or disappearance of a guard dog shall be reported immediately to the city.

F. It shall be a condition of registration that animal control officers shall at any reasonable time, unannounced, have the right to enter the premises and inspect all animal health records, dogs, and kennels housing guard dogs and other premises where such dogs are kept. Refusal to allow inspection shall be prima facie evidence of a violation of this chapter.

G. The vehicle of every guard dog service transporting any guard dog must be clearly marked, showing that it is transporting an aggressive dog. A compartment separate from the driver is required and shall be arranged to ensure maximum ventilation for the animal. No guard dog shall be transported in the trunk of a car or on an open bed truck.

H. Each business which hires or uses a guard dog to patrol the premises after business hours shall provide adequate fencing or some other confining structure to keep the guard dog within the enclosed area.

I. Each business which hires or uses a guard dog that is present during business hours shall have the dog confined in such a manner so as not to pose a danger to the public. Confinement shall, at a minimum, prevent deliberate or inadvertent physical contact by the public.

J. At each entry point and at each 50-foot interval along the fence perimeter, if applicable, a sign shall be posted including the words “Guard Dog” in three inch letters. All entry points shall be double-gated.

K. Entry points shall have a sign posted with the telephone number of the dog’s handler and/or owner in case of an emergency.

L. Dogs used for guarding businesses shall be given a humane existence, including adequate shelter, food, water and exercise. Dogs confined to a cage or kennel shall be able to stand freely and turn without restriction and shall be permitted daily exercise for an appropriate length of time, as determined by their size and age in a yard or other area suitable for that purpose.

M. No dog which has been declared a dangerous dog by the city shall be used as a guard dog. (Ord. 3301 § 1, 2005).

6.04.150 Animals running at large.

It is unlawful for any person being the owner or keeper of any animal to permit such animal to be at large upon the private property of another within the city except with the permission of the owner or custodian of such private property. (Ord. 3301 § 1, 2005).

6.04.160 Leash requirements.

It is unlawful for the owner or keeper of any dog or intact cat to allow such animal to roam, stray or be away from the premises of the owner or keeper, or to be in or on any public place or property unless such animal is physically controlled by the owner or keeper or other competent and authorized person by means of a physical control device, including a leash or carrying cage; except, that in a public place, no physical control device is required while the animal is present within the boundaries of a city-owned or sanctioned off-leash dog park or while participating in an organized exhibition or training session; provided, that the control device requirements of this section shall not apply to a police dog while in the performance of a law enforcement function. (Ord. 3301 § 1, 2005).

6.04.170 Dogs in season.

Every female dog in season shall be confined in a well ventilated and adequately sized closed structure so that the dog cannot come into contact with an intact male dog except for planned breeding. (Ord. 3301 § 1, 2005).

6.04.180 Animal noise control.

It is unlawful for any person to cause or allow to originate from the property frequent, repetitive, or continuous howling, barking, or other noises made by any animal covered by this chapter which disturbs the peace and quiet of the surrounding area. Sounds made in pet shops, veterinary clinics, grooming parlors, commercial kennels and catteries licensed under this chapter and in compliance with MVMC Title 17, shall be exempt under this subsection; provided, however, that it is an affirmative defense under this subsection that the animal was intentionally provoked to bark or make any other noise by the injured person or any other person; provided, that the enactment of this provision shall in no way nullify any other provision of the municipal code concerning animal noise. (Ord. 3301 § 1, 2005).

6.04.190 Animal waste.

A. It is unlawful for the owner or keeper of any dog or other animal, either willfully or by failure to exercise due care, to permit such animal to commit a public nuisance by defecating upon private property without the permission of the owner or custodian thereof, upon the public sidewalk, in or upon any public street or any other public place. It shall be a defense to a charge under this section that the owner or keeper of the animal possessed the appropriate device for removal of waste and did immediately remove and properly dispose of the waste; provided, that this subsection shall not apply to a person whose visual or physical condition is an impediment to compliance with this subsection.

B. It is unlawful for any owner or keeper to allow waste to accumulate on said owner’s or keeper’s property to the extent that neighbors are adversely affected by odor or runoff. (Ord. 3301 § 1, 2005).

6.04.200 Nuisance or destructive behavior.

It shall be unlawful for an owner or keeper to:

A. Permit an animal to chase, run after or jump at vehicles lawfully using the public streets, alleys and ways;

B. Permit any animal to trespass on public or private property so as to damage or destroy any lawn, garden, or other property or thing of value;

C. Any animal causing an owner to be in violation of any of the provisions of this section is declared to be a public nuisance and may be immediately seized and impounded;

D. It shall be a defense to a charge under this section that the animal which chased, jumped, trespassed or damaged property had been intentionally provoked to perform the nuisance or destructive behavior by a person other than the animal’s owner or keeper. (Ord. 3301 § 1, 2005).

6.04.210 Destruction of injured or diseased animal.

Any animal suffering from serious injury or disease may be humanely destroyed by the impounding authority with the assistance of a licensed veterinarian, when practicable; provided, that the impounding authority shall make reasonable effort to locate and notify the owner prior to destroying the animal by searching licensing records and attempting telephone contact with the owner, if known. (Ord. 3301 § 1, 2005).

6.04.220 Destruction of dangerous animal.

If any dangerous, vicious, or depredatory animal or any animal known to have rabies cannot be safely taken up and impounded, such animal may be immediately destroyed by an animal control officer. (Ord. 3301 § 1, 2005).

6.04.230 Biting animals – Duty to report – Confinement – Penalty.

A. When any cat, dog or ferret has bitten or attacked any person, it shall be immediately reported to the animal control officer. Bites occurring in a veterinary hospital or clinic, or any business or shelter addressed in Chapter 6.06 MVMC, are not subject to mandatory reporting to the animal control officer; however, this does not relieve the owner or keeper of reporting requirements of the Skagit County health department.

B. It is unlawful for the owner of any animal, when notified that such animal has bitten any person or has injured any person such as to cause an abrasion of the skin, to sell or give away such animal or permit such animal to be taken beyond the limits of the city except to a veterinary hospital. It shall be the duty of such owner upon receiving such notice of the animal’s injurious acts to immediately place such animal in a duly licensed veterinary hospital for confinement for a period of at least 10 days or to deliver such animal to an animal control officer for such placement or similar confinement. No person shall release or remove any animal from its place of confinement to another place without the consent of and upon the conditions imposed by the animal control officer. Upon authorization of the animal control officer, an animal may be released from confinement to the custody of its owner upon the owner’s undertaking to keep the same confined to the premises of the owner and segregated from other animals during such observation period.

C. In the event that the officer has reason to suspect that the animal is rabid, the appropriate officials of the Skagit County health department shall be notified and the officer shall coordinate any further activities with such department. The health department shall have jurisdiction over any matter possibly involving rabies. WAC 246-100-191(3), together with amendments thereto, are incorporated in this chapter by reference and prevail over any conflicting provision of this chapter in any suspected rabies matter.

D. It shall be a violation of this chapter for any owner or keeper to whom an order of rabies quarantine is issued to knowingly, recklessly or with criminal negligence permit the order of rabies quarantine to be broken. Should the order of quarantine be broken, the animal may be impounded and held by the city at the owner and/or keeper expense for the remainder of the quarantine period.

E. No person shall refuse to surrender any animal for quarantine when demand is made by order of an animal control officer.

F. Redemption of the animal is subject to payment of any fees allowable under this chapter.

G. Any person refusing or failing to comply with the provisions of this section or with the order or directives of an animal control officer relating thereto shall be guilty of a misdemeanor and shall be punishable by the laws of the state and MVMC 1.20.010.

H. A publicly owned police dog with a current rabies vaccination shall be exempt from quarantine unless ordered by the county health officer. (Ord. 3301 § 1, 2005).

6.04.240 Rabies carriers.

It is unlawful to own, keep or harbor within the city bats or any species of animals designated as unlawful by the Washington State Department of Health pursuant to WAC 246-100-191 by reason of such species being a transmitter of rabies to human beings, including any bat, skunk, fox, coyote or raccoon, except under circumstances permitted by said WAC 246-100-191, which is incorporated herein by reference. (Ord. 3301 § 1, 2005).

6.04.250 Rabies vaccination.

All persons seeking to license a dog or cat, or to register a ferret, shall be required to show proof of current rabies vaccination from a licensed veterinarian prior to registration and said vaccination shall be kept current as long as the animal remains in the city. A durable and traceable rabies tag provided by the veterinarian shall be securely affixed to a collar and worn by the animal when outside or away from the owner’s home or other enclosure. (Ord. 3301 § 1, 2005).

6.04.260 Cruelty to animals.

It is unlawful for any person within the city to intentionally, knowingly, recklessly or with criminal negligence commit, singly or together, any of the following acts or omissions or to aid or abet another person in the commission of such acts or omissions, which are deemed to constitute cruel treatment of animals:

A. To cause or allow any animal to endure pain, suffering, injury or to fail or neglect to aid or attempt to alleviate pain, suffering or injury which the person has caused to any animal. Such aid shall include provision of needed veterinary care;

B. To fail to provide minimum care to any animal within the person’s care, custody or control; for the purpose of this section, “minimum care” means care sufficient to preserve the health and well-being of an animal and except for emergencies or circumstances beyond reasonable the reasonable control of the owner or keeper, includes, but is not limited to, the following requirements:

1. In each period of 24 consecutive hours, to provide food of sufficient quantity and quality to allow for normal growth or maintenance of body weight;

2. In each of 24 consecutive hours, to provide open or adequate access to potable water in sufficient quantity to satisfy the animal’s needs. Neither ice nor snow is an adequate water source;

3. In the case of domestic animals, to provide a barn, dog house or other enclosed structure sufficient to protect the animal from wind, rain, snow or sun, and which has adequate bedding to protect against cold or dampness;

4. To provide veterinary care deemed necessary by a reasonable prudent person to relieve distress from injury, neglect or disease;

5. No domestic animal shall be confined to an area without adequate space for exercise necessary for the health of the animal or which does not allow access to a dry place for the animal to rest. The air temperature in a confinement area must be suitable for the animal involved. Confinement areas must be kept reasonably clean and free from excess mud, waste or other contaminants which could affect the animal’s health;

C. To tether, confine or restrain any animal in such a way as to permit said animal to become frequently entangled in such tether, or to render such animal incapable of consuming food or water or of using shelter provided for it, while at the same time allowing adequate space for freedom of movement;

D. To abandon any animal by dropping off or leaving such animal on a street, road or highway, or in a public place, or on the private property of another person;

E. To confine an animal within or on a motor vehicle or other structure or enclosure at any location when unattended and under such circumstances as may endanger the health and well-being of the animal. Such conditions include, but are not limited to, dangerous temperature, lack of food or water and confinement with a vicious animal;

F. To transport or confine any living animal on the outside part of a motor vehicle except where attached to the vehicle by a suitable harness, leash, cage or other enclosure that protects the animal from falling or being thrown therefrom and which prevents the animal from leaving the vehicle while unattended. The outer part of the vehicle includes the running board, fender or hood of any motor vehicle or the flat bed of a truck and/or the open portion (bed) of a pickup truck;

G. To place any food, drink or other substance of any description containing poisonous or other injurious ingredients in any area reasonably likely to be accessible to domestic animals. Care shall be taken to avoid open containers or spills of antifreeze or other toxic substances;

H. To knowingly and intentionally, whether for amusement of self or others, or for financial gain, cause any animal to fight or injure any other animal, cause it to be fought or be injured by any animal or to train or keep for the purpose of training any animal with the intent that the animal shall be exhibited combatively with any other animal. Anyone who permits such conduct on premises under that person’s control, and any person present as a spectator at that exhibition, shall be considered a violator of this subsection;

I. To sell or offer for sale or to give away any living baby rabbits, chicks, ducklings or other fowl which have been dyed, colored or otherwise treated so as to have an artificial color; provided, that this shall not prohibit the sale or display of natural baby rabbits, chicks, ducklings or other fowl in proper brooder facilities or stores engaged in selling them for commercial purposes;

J. To abandon or transfer to another person by gift, sale or exchange for consideration, any animal in or upon any sidewalk, street, alley, lane, public right-of-way, park or any other public property except when the transfer takes place to a sale conducted by a public body or public officer, when the transfer takes place at an animal show or exhibition conducted by or for persons who regularly engage in the practice of breeding animals for show or exhibition, or when one of the parties to the transfer is a member of an animal welfare organization and is acting on behalf of the animal welfare organization.

Violation of any of the provisions of this section under circumstances not amounting to animal cruelty in the first degree (RCW 16.52.205) shall constitute a misdemeanor, and may be punished by the laws of the state and MVMC 1.20.010.

In any prosecution of animal cruelty other than in the first degree, it shall be an affirmative defense, if established by the defendant by a preponderance of the evidence that the defendant’s failure was due to economic distress beyond the defendant’s control. (Ord. 3301 § 1, 2005).

6.04.270 Duty when striking domestic animal with motor vehicle.

Any person while operating a motor vehicle strikes a domestic animal shall stop at the first safe opportunity, and immediately report such injury or death to the animal’s owner or to a city animal control officer or police officer. This section shall not be construed as requiring the person striking the animal with a motor vehicle to be financially responsible for the injury or death of the animal. (Ord. 3301 § 1, 2005).

6.04.280 Found stray animal.

It is the duty of any person who takes a stray animal, as defined in this chapter, into his or her possession to notify the city animal control officer at once, and to release such animal to said officer upon demand and without charge. The intent of this section shall be satisfied by providing a telephonic or electronic message when notification occurs after business hours. (Ord. 3301 § 1, 2005).

6.04.290 Scientific experimentation.

It shall be unlawful for any person to deliver, sell, offer or give any live animal for scientific experimentation which involves any cruel or inhumane treatment. It shall be unlawful for any person to conduct scientific experimentation on live animals which involves any cruel or inhumane treatment. (Ord. 3301 § 1, 2005).

6.04.300 Animals as prizes.

It shall be unlawful for any person whether for profit, nonprofit, charity or any other purpose to offer an animal as a prize in response to participation in a game, contest, drawing of chance or any other similar event; provided, it shall not be unlawful for a nonprofit organization to offer for sale an animal at auction wherein there is a willing seller and buyer. (Ord. 3301 § 1, 2005).

6.04.310 Police dogs – Exemption.

All police dogs owned by a public law enforcement agency and being used for duty or training shall be exempt from all provisions of the Mount Vernon Municipal Code relating to animal control. If a police dog is voluntarily quarantined, such dog will be remanded to the control of its agency. (Ord. 3301 § 1, 2005).

6.04.320 Exotic animals.

A. No person shall possess within the city any of the following animals:

1. All nonhuman primates;

2. All wild cats of the family Felidae and their hybrids, except for the domestic cat Felis catus;

3. All species of bear;

4. All wild carnivores of the family Canidae and their hybrid, except for the domestic dog Canis familiaris;

5. Venomous reptiles, fish, amphibians and arachnids;

6. Any constrictor snake of six feet or more in length;

7. All members of alligator, crocodile and caiman families.

B. It is unlawful for any person to bring into the city or to keep or harbor within the city any wild or exotic animal, other than those prohibited above, unless the animal has been properly registered with the city and fees required by this chapter have been paid. An exotic animal registration application, to include a photograph of the animal, shall be completed and a fee of $100.00 per animal shall be paid at the time of registration. An exotic animal registration is nontransferable. The animal control officer shall inspect the quarters where the animal is intended to be contained. Registration shall not be allowed and the animal shall not be brought into the city or retained in the city if, in the judgment of the animal control officer, the quarters intended for the animal are inadequate to safely and humanely contain the animal. If registration is allowed, the quarters where an exotic animal is kept shall be subject to inspection at any reasonable time by the animal control officer or police officer. If an exotic animal escapes or if it appears from such inspection or otherwise that an exotic animal might escape, an order may be given by an animal control officer or police officer that such quarters be immediately repaired or improved and, if this is not done, the animal may be impounded and held at the owner’s expense until such repairs or improvements are made. The city may move to destroy or adopt the animal if not claimed within 72 hours. An aggrieved owner or keeper may request a hearing pursuant to MVMC 6.04.370 prior to any action by the city. It is the duty of any person or keeper with an exotic animal registered under this section to at all times keep convenient to the quarters all appropriate equipment necessary to recapture such animal should it escape.

C. Any person licensed to sell exotic animals other than those prohibited by subsection A of this section shall within 24 hours of the time of sale place in the mail to the police department a statement indicating the type of animal sold, name of the purchaser, address and telephone number of the purchaser, and address of the property or residence where the animal will primarily be kept.

D. All persons who possess any of the animals listed in subsection A of this section as of the effective date of the ordinance codified in this chapter shall register said animals with the police department within 10 days of the ordinance’s effective date. The animal control officer shall specify the conditions under which the animal must be kept while the owner arranges to remove the animal from the city. Removal must occur within 30 days of registration. Failure to timely register, comply with the conditions of registration or remove an exotic animal listed in subsection A of this section shall constitute a violation of this chapter.

E. The provisions of this section shall not apply to wild or exotic animals listed in subsection A of this section when such animals are safely and continuously contained during uninterrupted transport through the city or to a veterinary hospital within the city.

F. The provisions of this section shall not apply to raptors possessed under official state or federal authorization.

G. Violation of subsection A or D of this section shall constitute a misdemeanor, and shall be punishable as set forth in MVMC 1.20.010. (Ord. 3301 § 1, 2005).

6.04.330 Designated animal control officer.

It shall be the jurisdiction of the police department to enforce any provisions of this chapter or of any other city ordinance or state law relating to animal welfare, cruelty and animal control by any lawful means including, but not limited to arrest, the issuance of criminal citation, notice of civil infraction, order to abate, or issuance of warnings. (Ord. 3301 § 1, 2005).

6.04.340 Designated animal control officer – Powers and duties.

The animal control officer is authorized to take such lawful actions as may be required to enforce the provisions of this chapter and other city ordinances relating to animal welfare, cruelty prevention and animal control. The animal control officer, while pursuing any animal observed by such officer to be in violation of this title or being treated cruelly in violation of this title, may enter upon public or private property, for the purposes of enforcing the code provision violated; provided, that entry into a building designated for and used for private purposes may be accomplished only with the consent of the owner or lawful occupant of said premises or upon the issuance of a proper search or arrest warrant. (Ord. 3301 § 1, 2005).

6.04.350 Designated animal control officer – Obstruction.

It is unlawful for any person, without lawful reason, to knowingly hinder, resist, delay or obstruct any animal control officer or police officer in the performance of their duties. Obstruction of an animal control officer or police officer is a misdemeanor, punishable as set forth in MVMC 1.20.010. (Ord. 3448 § 6, 2009; Ord. 3301 § 1, 2005).

6.04.360 Enforcement.

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. It is the specific intent of this chapter that neither provision nor any term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers, employees, agents, or volunteers, for whom the implementation and enforcement of this chapter shall be discretionary and not mandatory.

B. 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, volunteers, or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees, volunteers or agents. Any and all liability and consequential damage resulting from any official performing the functions of an animal control officer and enforcement of this chapter is hereby disclaimed and governmental immunity as provided by law is retained. (Ord. 3301 § 1, 2005).

6.04.370 Complaints – Adjudication of grievances.

Any owner or keeper aggrieved as the result of an impoundment, condition for redemption, or deprivation pursuant to the provisions of this chapter, may request a hearing before the municipal court judge to determine the justification of such classification, or the requirements imposed as a condition of redeeming the animal, per impoundment, or any determination, that the animal has been cruelly treated, neglected or abandoned. In the event the court confirms the classification and/or requirements, or determination that the animal has been cruelly treated, neglected or abandoned, the owner or keeper shall pay the costs of such hearing including the filing fee and the fees for witnesses called in support of the official action. (Ord. 3301 § 1, 2005).

6.04.380 Presumption of ownership.

A presumption of ownership shall exist if a stray animal is kept, sheltered, fed or harbored for more than five consecutive days (120 hours); provided, that a cat colony caretaker, as defined in Chapter 6.10 MVMC, shall not be deemed an owner when providing daily care for colony animals. (Ord. 3301 § 1, 2005).

6.04.390 Habitual violator.

In addition to any other legal remedies available under the provisions of this chapter, an animal control officer may order and direct in writing delivered by regular mail to the last known address of the owner or keeper of the animal or by personal service to the owner or keeper of any animal which is the subject of more than three criminal citations, notices of civil infraction or any combination of the same within any 12-month period to abate and remove such animal from the city within seven days from the date of service of the order or the tenth day from the date of mailing the order to abate the habitual violator. Such order to abate the habitual violator shall:

A. State that a hearing in the Mount Vernon municipal court may be requested appealing the order and the method of appealing as provided for in MVMC 6.04.370.

B. That if no hearing is requested within seven days of the date of mailing order or date of service of the order the owner or keeper must abate and remove the animal from the city.

C. Bear the notation that any appeal must be filed before closure of the seventh day following the date of mailing or service of the order.

D. Clearly state and identify the grounds of which the animal has been declared a habitual violator.

E. Clearly identify the animal which has been declared a habitual violator identifying such animal by species and breed, coloring and markings, age, gender, and name when such information is available.

If such animal is found to be kept in violation of the order after 10 days have elapsed from the date of mailing or seven days have elapsed from the date of service of the order, or the date and hour of affirmance of such order if a timely appeal is filed, such animal may be abated and removed by impoundment by an animal control officer, subject to all impoundment and redemption procedures; provided, however, such animal may not be returned to the residence or property from which it was impounded or resided. (Ord. 3301 § 1, 2005).

6.04.400 Impoundment.

A. An animal control officer may apprehend any animal committing or involved in any acts in violation of this chapter or in any other ordinance or which is being subjected to cruel treatment as defined in this title. After such an animal is apprehended, the animal control officer shall determine whether the animal is licensed, registered or otherwise identifiable, and may return the animal to its owner, or if the animal control officer finds it necessary for the protection of the animal or of the public to keep the animal in custody, the animal control officer shall notify the owner of the animal within a reasonable time by telephone, regular mail, personal contact or by posting at the residence of the owner that the animal has been impounded, the reasons therefor, and whether and/or how it may be redeemed.

B. Any animal not displaying a traceable license tag or other form of identification impounded pursuant to this chapter shall be held for its owner at least 72 hours commencing with the apprehension.

C. Any animal displaying a traceable license tag or other form of identification impounded pursuant to this chapter shall be held for its owner at least 120 hours commencing with notification.

D. All impound periods shall continue to run during nonbusiness hours, weekends and holidays.

E. The animal control officer or the staff of a city designated animal shelter may cause to have provided necessary vaccinations against contagious diseases to any impounded animals.

F. Any impounded animal not redeemed by its owner during the prescribed period, or which is suffering from a serious injury or disease as determined by the animal control officer or the person in charge of a city designated animal shelter, may be humanely destroyed. Any impounded animal not redeemed by its owner during the prescribed period may be made available for adoption or, in the discretion of such custodian, may be held for a longer period. Redemption of an impounded animal by its owner or adoption by any other person, after being held for the prescribed period, may be conditioned upon payment of reasonable medical fees, licensing and registration fees if the animal is not registered, impound and holding costs, and any other chargeable fees.

G. Any dog or cat impounded by the animal control officer and made available for adoption by the city designated animal shelter shall be neutered prior to adoption. Except, that an animal deemed by a licensed veterinarian to be suffering any condition making it unsuitable for neutering, may be stayed such procedure until conditions improve. Expenses of neutering shall not be borne by the city except as permitted by MVMC 6.10.030.

H. No live animal impounded pursuant to this chapter shall be used, donated or sold for experimentation purposes.

I. The owner of any animal impounded pursuant to the provisions of this chapter may redeem the animal according to the procedures set out in this chapter; provided, that subject to the appeal procedures of this chapter, redemption may be denied to an owner who has cruelly treated an animal as defined in this chapter or to an owner of an animal believed to have engaged in nuisance or destructive behavior as defined in MVMC 6.04.200; and provided, that such owner file the appeal from a denial of redemption with the municipal court before closure of such office on the seventh business day following service of the notice of the denial. If service by mail, service shall be deemed complete upon the third day following the day upon which notice is placed in the mail.

J. Animals delivered for impoundment by animal control officers or police officers that have been removed from the possession of persons detained or incarcerated for a crime shall be held for not less than 120 hours. An impoundment receipt shall be left with the detained person’s possessions along with instructions for redemption. The receipt shall serve as the notice to the owner required by this chapter. An officer should make a reasonable attempt to place the animal with a responsible person, family member of the detained person, or animal rescue service; however, failure to successfully place the animal shall not relieve the animal owner from the responsibility for all reasonable fees associated with impoundment. (Ord. 3301 § 1, 2005).

6.04.410 Impoundment register.

The police department and city designated animal shelter shall maintain a register of all animals impounded pursuant to this chapter and such register shall show:

A. The identification tag number and EAID, if any;

B. Species and breed of the animal;

C. Description by coloring and markings;

D. Time and date of impoundment;

E. Name of person impounding the animal;

F. Area in which the animal was picked up;

G. Method and time of notifying the owner, if known, of redemption procedures;

H. Final disposition of the animal;

I. Date and time of disposition. (Ord. 3301 § 1, 2005).

6.04.420 Impounded animals – Custodian.

The city council may, pursuant to contract for animal shelter services, designate one or more custodians of animals impounded pursuant to this title. The designated animal custodian(s) shall follow the provisions of this chapter and other city ordinances relating to animal control and shall be subject to all terms and conditions of such ordinances and to the terms and conditions of the contracts which have been or in the future will be executed with the city. Nothing in this section shall prevent the city from obtaining all or any part of animal-related services from its own employees and facilities. (Ord. 3301 § 1, 2005).

6.04.430 Impounded animals – Redemption.

Any animal impounded pursuant to the provisions of this chapter or other city animal control ordinances may be redeemed upon payment by its owner of all redemption fees as set out below and upon evidence satisfactory to the animal control officer or shelter that the violation has been corrected or by order of the court following an appeal and hearing as set out in this chapter. Redemption fees may include the following:

A. Actual boarding costs for the animal;

B. Actual cost of quarantine, if applicable;

C. Emergency medical expenses due to illness, disease, or injury;

D. Distrain fee of $20.00;

E. Licensing $5.00 late fee, if applicable.

All redemption fees are the obligation of the owner even if the animal is implicitly abandoned or expressly relinquished. (Ord. 3301 § 1, 2005).

6.04.440 Severability.

In the event any term or condition of this chapter or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this chapter which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this chapter are declared severable. (Ord. 3301 § 1, 2005).

6.04.450 Violation – Penalty.

A. Unless otherwise specifically provided, any person violating any of the provisions of this chapter shall have committed a civil infraction and shall be subject to a civil penalty as follows:

1. Upon the first violation in a 12-month period, a fine of $50.00;

2. Upon a second violation in a 12-month period, a fine of $100.00;

3. Upon a third violation in a 12-month period, a fine of $150.00;

4. Upon a fourth violation in a 12-month period, a fine of $500.00, plus removal of the animal per MVMC 6.04.390.

B. The provisions of Chapter 46.63 RCW for the disposition of traffic infractions apply to the disposition of all civil infractions set forth in this chapter except as follows:

1. The provisions in Chapter 46.63 RCW relating to the provision of records to the Department of Licensing in accordance with RCW 46.20.270 are not applicable to this chapter;

2. The provisions in Chapter 46.63 RCW relating to the imposition of sanctions against a person’s driver’s license are not applicable to this chapter.

C. Any person violating any of the provisions of MVMC 6.04.230, 6.04.260, 6.04.290, 6.04.320(A) or (D), or 6.04.350 is guilty of a misdemeanor and shall be punished as set forth in MVMC 1.20.010.

D. In addition to any civil penalty or criminal sentence as provided by this chapter, the owner of the animal, whether the animal is licensed or not, shall be liable for actual expenses for boarding the animal, including any reasonable charges by the impounding authority, and if necessary, for the cost of its destruction. (Ord. 3301 § 1, 2005).