Chapter 6.05
ANIMAL CONTROL REGULATIONS ADOPTED BY REFERENCE
Sections:
6.05.020 Amendments to definitions.
6.05.010 Adoption.
Pursuant to RCW 35A.12.140, the city hereby adopts by reference the following chapters of the Sumner Municipal Code (SMC) related to the control, regulation and licensing of animals, inclusive of any future amendments thereto:
A. Chapter 6.04 SMC, entitled “Animal Control”;
B. Chapter 6.08 SMC, entitled “Dog Feces Removal”;
C. Chapter 6.10 SMC, entitled “Dangerous and Potentially Dangerous Dogs”; and
D. Chapter 6.16 SMC, entitled “Exotic Animals.” (Ord. 2068 § 2, 2023).
6.05.020 Amendments.
A. Section 6.04.020 of the Sumner Municipal Code as adopted in PMC 6.05.010 shall be modified as follows:
1. The definition of “service animal” in SMC 6.04.020(BB) shall be replaced with the following definition:
BB. “Service animal” shall mean any dog or miniature horse, as discussed in RCW 49.60.214, that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by the service animal must be directly related to the individual’s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks.
B. Section 6.10.110 of the Sumner Municipal Code as adopted in PMC 6.05.010 shall be modified as follows:
6.10.110 Vacating a dangerous or potentially dangerous dog declaration.
A. Dogs Declared Dangerous or Potentially Dangerous by Animal Control Authority. One year after a dog has been declared potentially dangerous or three years after a dog has been declared dangerous, the owner may request that the Animal control authority vacate the declaration by serving such a request to the Animal control authority along with the applicable fee charged by the city in which the dog resides or is kept. A vacancy shall not be considered unless the dog has been in compliance and has no violations of the restrictions and permitting requirements imposed as a result of the declaration for a minimum of one year (for a potentially dangerous dog) or three years (for a dangerous dog). Upon receipt of a request to vacate a declaration, the Animal control authority shall provide the request to the director for consideration. The director may vacate the declaration if it determines that the declaration is no longer appropriate as a result of a change in the dog’s behavior due to age, health, training, and/or other factors. It is the owner’s burden to provide information to the Animal control authority in support of vacating the declaration. There shall be no appeal from the Animal control authority decision in response to a request to vacate a declaration.
B. Dogs Declared Dangerous or Potentially Dangerous by Another Jurisdiction. For any dog that has been declared potentially dangerous or dangerous by another jurisdiction, one year (for a potentially dangerous dog) or three years (for a dangerous dog) after the dog has resided within the city, the owner may request that the Animal control authority waive the permit requirement and confinement restrictions by serving such a request to the Animal control authority along with the applicable fee charged by the city in which the dog resides or is kept. A waiver shall not be considered unless the dog has been in compliance and has no violations of the restrictions and permitting requirements imposed as a result of the declaration for a minimum of one year (for a potentially dangerous dog) or three years (for a dangerous dog). The Animal control authority may waive any such dangerous dog or potentially dangerous dog restrictions or requirements if it determines that such restrictions or requirements are no longer appropriate as a result of a change in the dog’s behavior due to age, health, training, and/or other factors. It is the owner’s burden to provide information to the Animal control authority in support of waiving the restrictions and requirements. There shall be no appeal from the Animal control authority’s decision in response to a waiver request under this section.
(Ord. 2068 § 2, 2023).
6.05.030 References.
The following references as used in the SMC chapters adopted under PMC 6.05.010 shall have the following meanings for purposes of this title:
“Animal control authority” shall mean the Pacific police department and/or other animal control service agencies under contract with the city of Pacific for such services.
“City of Sumner” shall mean the city of Pacific.
“Director” shall mean the city of Pacific police chief or designee.
“Municipal court” or “district court” shall mean the King County district court which serves as Pacific’s municipal court.
All other references to city of Sumner officials and/or terms as used in the adopted Sumner Municipal Code chapters shall be reasonably construed as meaning the most similar or equivalent city of Pacific official and/or term. (Ord. 2068 § 2, 2023).
6.05.040 Codes on file.
Pursuant to RCW 35A.12.140, a copy of the SMC chapters adopted by reference under PMC 6.05.010 shall be filed in the office of the city clerk and shall be made available for use and examination by the public. (Ord. 2068 § 2, 2023).
6.05.050 Interpretation.
The director is authorized to issue administrative interpretations of this title. (Ord. 2068 § 2, 2023).
6.05.060 Delegation.
To the extent legally permissible, the city council may delegate the enforcement and/or administrative functions under this title to one or more other public agencies through approval of an interlocal agreement or other applicable means. (Ord. 2068 § 2, 2023).