Chapter 6.12
ENFORCEMENT AND PENALTIES
Sections:
6.12.025 Obstructing the animal control officer.
6.12.040 Rules and procedures – Infractions.
6.12.060 Violation as constituting a public nuisance.
6.12.020 Enforcement power.
A. Animal control officers are authorized to take such lawful action as may be required to enforce the provisions of this title and the laws of the state of Washington as they pertain to animal cruelty, shelter, welfare and enforcement of control. Animal control officers employed by the city of Sequim shall be specifically commissioned by the police chief to issue a notice of infraction/citation when the civil infraction/misdemeanor occurs in the officer’s presence or if the officer has reasonable cause to believe that a civil infraction/misdemeanor was committed.
B. Animal control officers authorized by the court pursuant to RCW 16.52.011 to enforce animal control laws act under the authority from the authorizing court.
C. Animal control officers, unless authorized by the owner thereof, shall not enter a building designated for and used for private purposes, unless a proper warrant has first been issued upon a showing that the officer has reasonable cause to believe an animal is being maintained in the building in violation of this title or the laws of the state of Washington.
D. Animal control officers, while in hot pursuit of any animal in violation of this title, may enter upon any public or private property, except any building designated for and used for private purposes, for the purpose of abating the animal violation being pursued.
E. Animal control officers, while checking on the welfare of any animal, may enter upon any public or private property, except any building designated for and used for private purposes, for the purpose of aiding any animal that is sick, injured, abandoned or neglected, and the owner or the authorized person is not present or able to take charge of the animal.
F. Animal control officers may humanely euthanize any injured animal in the field if, in the judgment of the animal control officer, the animal has received injuries that will result in death. Prior to euthanizing any animal where the owner is known, animal control officers will cause an attempt to be made to contact the owner. Animal control officers shall not be liable for improper euthanasia of injured animals if the decision to euthanize was made in good faith. (Ord. 99-007)
6.12.025 Obstructing the animal control officer.
A. Every person who: (1) in any such statement or report shall make any knowingly untrue statement to the animal control officer; or (2) shall knowingly hinder, delay, or obstruct the animal control officer in the discharge of his/her official duties, shall be guilty of a misdemeanor.
B. Every person who shall knowingly deny, prevent, obstruct or attempt to deny, prevent or obstruct the animal control officer from pursuing any animal observed in violation of this title shall be guilty of a misdemeanor.
C. Every person who shall fail or neglect, after a proper warrant has been presented, to promptly permit the animal control officer to enter private property to perform any duty imposed by this title shall be guilty of a misdemeanor. (Ord. 99-007)
6.12.040 Rules and procedures – Infractions.
Rules and procedures relating to the processing of infractions shall be as stated in Chapter 7.80 RCW now or as hereinafter amended. (Ord. 99-007)
6.12.060 Violation as constituting a public nuisance.
In addition to the foregoing remedies, the violation of any provision of this title shall constitute a public nuisance, and may be abated in any manner authorized by Chapters 7.48 and 9.66 RCW. (Ord. 99-007)
6.12.070 Penalties.
The provisions of this title shall be enforced without regard to the wrongful intention of the violator. The progressive enforcement detailed below is intended for multiple violations of any provision of this title, not necessarily multiple violations of the same provision. Unless otherwise noted in this title, enforcement and penalties for violations shall be as follows:
A. The first violation of any provision of this title otherwise classified shall be a Class 3 civil infraction.
B. The second violation of any provision of this title not otherwise classified shall be a Class 2 civil infraction. Any violation listed as a Class 2 civil violation shall be a Class 1 civil violation if it is the second violation and as a misdemeanor if it is the second or subsequent violation of any provision of this title.
C. The third violation of any provision of this title not otherwise classified shall be a Class 2 civil violation. Any violation listed as a Class 1 civil violation shall be a misdemeanor if the violation is the second or subsequent violation of any provision of this title.
D. The fourth and any subsequent violation of any provision of this title not otherwise classified shall be a misdemeanor.
Penalties for civil infractions and misdemeanors specified in this title shall be as defined in the Revised Code of Washington now or as hereinafter amended. (Ord. 99-007)