Chapter 6.04
PRELIMINARY ARTICLE
Sections:
6.04.010 Administration and enforcement.
6.04.010 Administration and enforcement.
Administration and enforcement of the provisions of this title shall be the responsibility of the police chief. The police chief shall have the power to appoint an animal control official. In addition, any city police officer shall be an ex officio animal control official and shall have like enforcement authority. (Ord. 1980-21 § 1 (Exh. A), 2021; Ord. 1824-15 § 1 (part), 2015)
6.04.020 Purpose—Immunity.
The purpose of this title is to provide regulations deemed necessary for the protection of the health, welfare, and safety of the residents and animals within the city of Sedro-Woolley, and to delineate the responsibilities of animal owners and keepers within the city. Sedro-Woolley, the animal control authority, and any animal control officer shall be immune from any and all civil liability for any actions taken pursuant to this title, or for any failure to take action to enforce the provisions of this title. This title has been enacted for the welfare of the public as a whole. (Ord. 1980-21 § 1 (Exh. A), 2021; Ord. 1824-15 § 1 (part), 2015)
6.04.030 Definitions.
As used in this chapter, unless the context otherwise indicates, the following words and terms shall have the following meanings:
“Allow” means to permit by neglecting to restrain or prevent.
“Animal” means any member of the classes of reptile, amphibian, arachnid, bird, fish, or nonhuman mammal.
“Animal control authority” means the Sedro-Woolley police department.
“Animal control official” means any person or persons appointed by the police chief, in accordance with the laws and ordinances of the city and the provisions of RCW Title 16 to: issue licenses; restrain, collect, transport, impound, rehome, surrender, or dispose of animals; or to give notice or to do any other acts, duties or functions prescribed by this title relating to the animals herein regulated. In addition, any city police officer shall be an ex officio animal control official and have like enforcement authority.
“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.
“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. When a dog is within the fenced perimeter of the Sedro-Woolley Bark Park, “dog at large” means unattended and not under the control of an authorized person over the age of twelve years old.
“Dangerous dog” means any dog that:
A. Inflicts severe injury upon a human being without provocation on public or private property; or
B. Kills a domestic animal without provocation while the dog is off the owner’s property; or
C. Has been previously found to be potentially dangerous because of an injury inflicted on a human, the owner having received notice of such and the dog again bites, attacks, or endangers the safety of humans; or
D. Has been previously declared a dangerous dog in any other city, county, state, or foreign country.
“Dog” means any member of one or more species of the genus Canis.
“Dog license” means the metal identification tag, stamped with a unique number, issued by the police department.
“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.
“EAID” means an Electronic Animal Identification Device, such as a microchip implant.
“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 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.
“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.
“Food” means feed appropriate to the species for which it was intended.
“Fowl” includes all feathered birds.
“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.
Harboring. Any occupant of any premises on which an animal remains or to which it customarily returns daily for food and care for a period of ten days is presumed to be harboring or keeping the animal within the meaning of this title.
“Hybrid” means an animal whose parents or ancestors belong to a different species.
“Kennel” means an establishment, other than a veterinary hospital, wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs; or premises where four or more dogs over four months of age are harbored. Kennels require land use permitting under Title 17.
“Leash” means a cord, strap, or chain of sufficient strength so that the animal is controlled by the person accompanying it.
“Licensed dog” means a dog wearing a collar or harness to which a dog license tag is affixed.
“Owner” or “keeper” means any person (over the age of eighteen), firm, association, or corporation owning, keeping, or harboring a dog, or their agents or persons acting with their permission. Any actions exercisable against an owner in this chapter shall also be exercisable against a keeper. If the dog is under the care of a “keeper,” the term “owner” shall also refer to the current “keeper” of the dog.
“Pet shop” is any establishment or premises duly licensed and maintained for the purchase, sale, or exchange of pets of any type.
“Potentially dangerous dog” means any dog that when unprovoked:
A. Inflicts a bite upon a human or a domestic animal, either on public or private property; or
B. Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; or
C. Has a known propensity, tendency or disposition to attack unprovoked, or to cause injury or otherwise to threaten the safety of humans or domestic animals; or
D. Has been previously declared a potentially dangerous dog in any other city, county, state, or foreign country.
“Premises” means all the real property under one’s ownership and inside the inner line of a sidewalk or, if there is no sidewalk, inside of the curb, ditch, or shoulder marking the edge of the used public right-of-way; may also mean the inside of a closed motor vehicle.
“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 ten days.
“Restrained” means to be controlled by a leash held by a person over the age of twelve years, or attached to a leash that is securely affixed to a fixed object, or is confined within a suitable fence or enclosure that prevents escape.
“Service animal” is an animal that is individually trained to do work or perform tasks for people with disabilities. The work or task an animal has been trained to provide must be directly related to the person’s disability. Animals whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.
“Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
“Stray” means any dog wandering or roaming without an apparent owner or home.
“Tether” means:
A. To restrain an animal by tying or securing the animal to any object or structure; and
B. A device, including but not limited to a chain, rope, cable, cord, tie-out, pulley, or trolley system for restraining an animal.
“Under control” means that the owner, by means of a leash, restrains the dog to the owner’s immediate proximity, preventing the dog from trespassing upon property or annoying or chasing other persons, animals, or vehicles of any sort.
“Veterinary hospital” means and includes any establishment maintained and operated by a licensed veterinarian for the diagnosis, treatment and care of diseased or injured animals, and for their care and training.
“Wild animal” means any animal living in its natural state and native to the United States and not normally domesticated, raised, or bred by humans.
“Wolf” means any of various forms of the species Canis lupus. (Ord. 1980-21 § 1 (Exh. A), 2021; Ord. 1873-17 § 1, 2017; Ord. 1824-15 § 1 (part), 2015)