Chapter 6.10
DEFINITIONS
Sections:
6.10.010 “A.”
“Accessory structure” means a structure intended to be, or that is customarily incidental and subordinate to, the principal use of the lot.
“Administrative Services Director” means the director of the City of Mountlake Terrace Administrative Services Department, or his/her designee.
“Animal control authority” means the person, association or corporation appointed or authorized by the City of Mountlake Terrace, and/or Chief of Police or his/her designee, responsible for the enforcement of the provisions of this title and all other municipal codes of the City pertaining to animal control.
“Animal control officers” means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to licensure of animals, control of animals, or seizure and impoundment of animals, and includes police officers or other employees whose duty in whole or in part includes assignments that involve the seizure and impoundment of any animal.
“Animal cruelty” means that criminal conduct as defined in RCW 16.52.207 as currently enacted or as hereafter amended or recodified from time to time.
“Animals, adult dog or cat” means any dog or cat over six months of age.
“Animals, household” means common animals or pets, such as dogs, cats, hamsters, fish, gerbils, reptiles, ferrets, guinea pigs, and domesticated birds that generally reside within a household or residential setting.
“Animals, large domestic” means domesticated animals, such as horses, cattle, sheep, goats, ponies, oxen, hogs, buffalo, and llamas, that are typically associated with riding by humans or the production of labor, food, fur, hair, or leather.
“Animals, small domestic” means domesticated animals that generally reside on a permanent basis outside the residence and either typically: (1) weigh less than 30 pounds when fully grown and are associated with the provision of food, such as rabbits, ducks, and hens; or (2) are miniature or dwarf species of large domestic animals.
“At large” means off the premises of the owner and not under the immediate control of the owner, a member of the owner’s immediate family, or a person authorized by the owner, by means of a leash, cord or chain no longer than eight feet. (Ord. 2547 § 2, 2010).
6.10.020 “B.”
“Bite” means to cut, puncture, grip, or tear with the teeth, fangs, or mouth parts.
“Bucks” means male goats older than six months that have not been neutered. (Ord. 2547 § 2, 2010).
6.10.030 “C.”
Chief of Police. See “Police Chief.” (Ord. 2547 § 2, 2010).
6.10.040 “D.”
“Dangerous dog” means any dog that, according to the records of the animal control authority, has: (1) inflicted severe injury on a human being without provocation on public or private property; (2) killed a domestic animal without provocation while off the owner’s property; or (3) been previously found to be potentially dangerous, the owner having received notice of such, and the dog again aggressively bites, attacks or endangers the safety of humans; provided, however, that an animal shall not be considered a “dangerous dog” if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing or assaulting the dog or has, in the past, been observed or reported to have tormented, abused or assaulted the dog or was committing or attempting to commit a crime.
“Dwelling” means a structure or portion thereof that is used exclusively for human habitation. (Ord. 2547 § 2, 2010).
6.10.050 “E.”
Reserved. (Ord. 2547 § 2, 2010).
6.10.060 “F.”
Reserved. (Ord. 2547 § 2, 2010).
6.10.070 “G.”
“Guard dog” means any member of the dog family that has been trained or represented as trained to protect persons and/or property by virtue of exhibiting hostile propensities and aggressiveness to unauthorized persons; provided, that guard dogs shall not include a dangerous dog. (Ord. 2547 § 2, 2010).
6.10.080 “H.”
Household Pet. See “Animals, household.” (Ord. 2547 § 2, 2010).
6.10.090 “I.”
“Inherently dangerous animal” means any live member of the Canidae, Felidae, Ursidae, and Reptilia families, including hybrids thereof, which, due to its inherent nature, may be considered dangerous to humans. Inherently dangerous animals include but are not necessarily limited to:
1. Canidae, meaning and including any member of the dog family not customarily domesticated by man, or any hybrids thereof, but not including domestic dogs and wolf hybrids (cross between a wolf and a domestic dog).
2. Felidae, meaning and including any member of the cat family not customarily domesticated by man, or any hybrids thereof, but not including domestic cats.
3. Ursidae, meaning and including any member of the bear family, or any hybrids thereof.
4. Reptilia, meaning venomous and “devenomized” reptiles, including but not necessarily limited to all members of the following families: Helodermidae (Gila monster), Viperidae (pit vipers), Crotalidae (rattlesnakes), Atractaspidae (mole vipers), Hydrophiidae (sea snakes), and Elapidae (coral snakes and cobras).
5. Colubridae snakes which are rear-fanged, including but not necessarily limited to Dispholidus typus (boomslangs), Thebtornis kirtlandii (African twig or vine snake), and Rhabdophis (keelbacks).
6. Colubridae snakes which reach a length of 10 feet and over, including but not necessarily limited to green anaconda, reticulated pythons, Burmese python, albino Indian python, and African rock python.
7. Crocodilia, meaning and including crocodiles, alligators and caimans.
“Inhumane treatment” means every act or omission whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted. (Ord. 2547 § 2, 2010).
6.10.100 “J.”
Reserved. (Ord. 2547 § 2, 2010).
6.10.110 “K.”
“Kennel, commercial” means any premises where four or more adult animals are kept for the business of boarding, breeding, letting for hire, training for a fee, or selling. (Ord. 2547 § 2, 2010).
6.10.120 “L.”
“Lot” means a legal lot of record. (Ord. 2547 § 2, 2010).
6.10.130 “M.”
Reserved. (Ord. 2547 § 2, 2010).
6.10.140 “N.”
“Neutered” means the reproductively altered state of a male animal after its testicles have been removed. Such state shall be evidenced by a copy of an appropriate document from a licensed veterinarian that indicates the neutering procedure has been accomplished.
“Nonresidential unit” means a shop, office building, or other facility used for a purpose other than as a legal dwelling; provided, that any accessory structure is excluded from this definition. (Ord. 2547 § 2, 2010).
6.10.150 “O.”
“Own” means owning, keeping, leasing, possessing or harboring any animal.
Owner. Any person who owns or has an interest or right of possession to an animal or any person having control, custody or possession of an animal, or by reason of the animal being seen residing consistently at a location, shall be presumed to be the owner. (Ord. 2547 § 2, 2010).
6.10.160 “P.”
“Person” means any person, firm, corporation or association.
“Police Chief” means the appointed Chief of Police of the City of Mountlake Terrace or his/her designee.
“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 otherwise to threaten the safety of humans or domestic animals; provided, however, that an animal shall not be considered a potentially dangerous dog if the threat, injury or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing or assaulting the dog or has, in the past, been observed or reported to have tormented, abused or assaulted the dog or was committing or attempting to commit a crime.
“Prohibited animals” means any animal defined in this chapter as a large domestic animal, except as otherwise provided in MTMC 6.30.050(B) and (C), or an inherently dangerous animal, and additionally includes weasels, roosters, turkeys, swans, geese, and nonhuman primates.
“Proper enclosure of a dangerous dog” means, while on the owner’s property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.
“Proper enclosure of a potentially dangerous dog” means, while on the owner’s property, a potentially dangerous dog shall be securely confined indoors, or confined outdoors in the rear yard with a securely enclosed solid or chain-link fence of sufficient height to prevent a potentially dangerous dog from reaching persons off the property, but in any event, such fence shall be at least six feet high with an adequately secured base, suitable to prevent the entry of young children and designed to prevent the animal from escaping, or confined outdoors in the rear yard within a secure dog run designed to prevent the animal from escaping. If confined outdoors, the owner shall also provide protection for the dog from the elements. (Ord. 2547 § 2, 2010).
6.10.170 “Q.”
Reserved. (Ord. 2547 § 2, 2010).
6.10.180 “R.”
“Rear yard” means the portion of a lot that is on the rear side of any single-family house located on said lot. Generally, the rear yard is the portion of the yard most directly opposite the street-facing portion of the lot. (Ord. 2547 § 2, 2010).
6.10.190 “S.”
“Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
“Single-household residential property” means the legal lot on which only one detached house is located; provided, that no more than one legally established accessory dwelling may also be located on the same lot.
“Spayed” means the reproductively altered state of a female animal after its ovaries have been removed. Such state shall be evidenced by a copy of an appropriate document from a licensed veterinarian that indicates the neutering procedure has been accomplished. (Ord. 2547 § 2, 2010).
6.10.200 “T.”
Reserved. (Ord. 2547 § 2, 2010).
6.10.210 “U.”
Reserved. (Ord. 2547 § 2, 2010).
6.10.220 “V.”
“Vicious animal” means any animal other than a dangerous dog or potentially dangerous dog that endangers the safety of any person or domestic animal by biting or attacking without provocation. (Ord. 2547 § 2, 2010).
6.10.230 “W.”
“Wild animal” means any animal living in its natural state and not normally domesticated, raised or bred by humans. (Ord. 2547 § 2, 2010).
6.10.240 “X.”
Reserved. (Ord. 2547 § 2, 2010).
6.10.250 “Y.”
Reserved. (Ord. 2547 § 2, 2010).
6.10.260 “Z.”
Reserved. (Ord. 2547 § 2, 2010).
6.10.270 Special notes.
Whenever a type or breed of animal is described in this title, it includes any hybrid, cross breed or mixed breed of such animal to any degree that the type or breed can be identified by either the animal’s appearance, behavior or pedigree. (Ord. 2547 § 2, 2010).