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HomeMy WebLinkAbout6424 ORDINANCE NO. 6 4 2 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON RELATED TO ANIMAL CONTROL, AMENDING TITLE 6 OF THE AUBURN CITY CODE BY ADDING NEW CHAPTERS 6.01, 6.02 AND 6.04 OF THE CITY CODE AMENDING CHAPTER 6.35 OF THE CITY CODE AND REPEALING CHAPTER 6:32 OF THE CITY CODE WHEREAS, The Ciry of Auburn will be taking over animal control and licensing services from King County effective January 1, 2013. As required by City's current contract with King County for animal control services, the City adopted portions of Title 11 of the King County Code related to Animal Control; and, WHEREAS, while the City Council could choose to continue with the adoption of the County's Code, in light of the change of local focus of animal control, it appears to be more efficient and beneficial to the City to revise existing portions of the City's Code and adding, where necessary, new language. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. New Chaater to Citv Code. That a new Chapter 6.01 be and the same hereby is added to the Aubum Ciry Code to read as follows: Chapter 6,01 ANIMAL CONTROL—GENERAL PROVISIONS Sections: 6.01.010 Definitions. 6.01.020 Authorized agents may perform duties. 6.01.030 Authoriry to pursue. 6.01.040 Probable cause to impound animal. 6.01.050 Notice of impounding animal. 6.01.060 InterFerence with impounding—gross misdemeanor 6.01 070 Redemption of animals. Ordinance No. 6424 November 14, 2012 Page 1 of 33 6.01080 Reserved. 6 01 090 Reserved. 6.01 100 Mandatory spay/neuter for impounded dogs and cats - exception. 6.01 110 Mandatory spay/neuter for adopted dogs and cats— exception. 6.01 120 Conditions of release. 6.01 130 Duties upon injury or death to an animal—misdemeanor 6.01 140 Prevention of cruelty to animals—adoption by reference. 6.01 150 Crimes relating to animals—Adoption by reference. 6.01 160 Interfering with dog guide or service animal —Adoption by reference. 6.01 170 Intertering with search and rescue dog —Adoption by reference. 6.01 180 Unlawful traps—Adoption by reference. 6.01 190 Humane restraint standards for animals. 6.01.200 Poisoning animals— penalty—Adoption by reference. 6.01.210 Penalties for Violation. 6.01.220 Severability 6.01.U10 Definitions. A. As used in this title, the following terms shall have the following meanings: 1 "AdulY' means any animal over the age of 21 weeks. 2. "Animal" means any nonhuman mammal, bird, reptile, or amphibian. 3. "Altered" means an animal that has been spayed or neutered. To qualify as an altered animal, an individual must provide either proof of alteration from a licensed veterinarian or a written statement from a licensed veterinarian that the spay/neuter procedure would be harmful to the animal. 4 "Animal control" or "animal control authority" means a City department or division designated by the Mayor to implement and enforce the provisions of this title. 5. "Animal control officer" means any Aubum police officer or an employee of the City authorized by the City and specially commissioned by the Chief of Police to enforce Auburn City Code ("ACC") Title 6. 6. "Animal shelter, public" Animal shelter, public means a facility and property that is used to house or contain stray, homeless, abandoned or unwanted animals and that is owned, operated, or maintained by a public body or an established humane society, animal welfare society, or other nonprofit organization under contract with the public body devoted to the welfare, protection and humane treatment of animals. Supporting services may include medical care. 7 "Animal welfare organization° means any public or private charitable organization, whether called a kennel, cattery, shelter, society, or Ordinance No. 6424 November 14, 2012 Page 2 of 33 rescue, and includes the organization's officers, agents, and representatives when acting in the name or on behalf of the organization that controls, rescues, shelters, cares for, or disposes of pets as all or part of the purpose of the organization. 8. "At large" means off the premises of the owner or keeper of the animal, and not under restraint by leash or chain eight feet in length or shorter 9. "CaY' means a member of the species Felis catus and commonly known as the domestic cat. 10. "Charitable organization" means any organization recognized as a nonprofit corporation under the provisions of Chapter 24.03 of the Revised Code of Washington ("RCW") and exempt from the Washington State business and occupation tax pursuant to RCW 82.04.3651 11 "Competent person" means a person who is able to suffciently care for, control, and restrain an animal and who has the capacity to exercise sound judgment regarding the rights and safety of others. 12. "Court" means the Court of Limited Jurisdiction authorized to hear City of Auburn cases or the Superior Courts of King and Pierce County, which courts shall have concurrent jurisdiction hereunder 13. "Dangerous dog" means any dog that has been declared to be a dangerous dog pursuant to the provisions of this chapter, or has been declared to be a dangerous dog pursuant to applicable code provisions by any other jurisdiction, by reason of the fact that the dog: a. Killed or inflicted severe injury on a human being without provocation on public or private property; b. Killed or inflicted severe injury on a domestic animal without provocation white the dog was off the ownePs property; c. Has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such, and the dog again aggressively bites, attacks, or endangers the safety of humans; d. Is a potentially dangerous dog, as defined in this chapter, that has been permitted or allowed to run free and unrestrained off the property of its owner; e. Is a potentially dangerous dog, as defined in this chapter, that has harassed, tormented or caused concem for the safety of persons or domestic animals; or f. Has, since May 7, 2004, demo�strated a propensity, tendency, or disposition to attack unprovoked, to cause injury, or otherwise to threaten the safety of humans or domestic animals. It is provided, however, that a dog shall not be declared dangerous if the basis for such declaration was a threat, injury, or damage that 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. Ordinance No. 6424 November 14, 2012 Page 3 of 33 It is fuRher provided that a dog shail not be deciared dangerous if the owner of the dog can show that since the incident or action giving rise to the declaration, the owner has enrolled in and completed the American Kennel Club's Canine Good Citizen� (CGC) Program, or a comparable course or program addressing dog ownership responsibilities offered by a similarly recognized entity, which alternate course or program and/or entity shal� be approved by the ciry However, this proviso (this opportunity to avoid a dangerous dog declaration) shall not apply where the basis for the declaration was that the dog killed or inflicted severe injury on a human being without provocation on public or private property, as set forth in subsection 13(a) of this section, or has killed or inflicted severe injury on a domestic animal without provocation while the dog was off the owner's property, as set forth in subsection 13(b) of this section, or has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such, and the dog again aggressively bites, attacks, or endangers the safety of humans, as set forth in subsection 13(c) of this section. This proviso shall also not apply to instances where a dangerous dog declaration has been previously avoided because such training was given to the same owner for this or any other dog, or to any other person involving this same dog. It is further provided that for the purposes of subsection 13(d) of this section, there shall be a rebuttable presumption that a dog has been permitted or allowed to run free if the dog has been previously found running free and unrestrained off the property of its owner This presumption may be rebutted by a showing that, since the effective date of the ordinance codified in this section, the dog has not previously been found running free and unrestrained off the property of its owner, and the owner has taken reasonable steps to prevent the dog from running free and unrestrained off the property of its owner 14 "Dog" means a member of the species Canis lupus familiaris and commonly known as the domestic dog. 15. "Gross misdemeanor" means a crime with a maximum penalty of three hundred sixty-four days in jail, a $5,000.00 fine, or both such fine and imprisonment. 16. "Harboring" means knowingly providing food or shelter to an animal. 17 "Humane trap" means a live animal box enclosure trap designed to capture and hold an animal without injury 18. "Impound" means to receive into the custody of the animal shelter or into the custody of the City animal control o�cer 19 "Infraction" means a civil infraction pursuant to Infraction Rules for Courts of Limited Jurisdiction ("IRLJ") and any local rule adopted thereto by the Court of Limited Jurisdiction authorized to hear City of Auburn cases. 20. "Livestock" means all cattle, sheep, goats, or animals of the bovidae family; all horses, mules, Ilamas, alpacas, other hoof animals, or animals of the equidae family; all pigs, swine, or animals of the suidae family; and ostriches, rhea, and emu. Provided, that livestock shall not include domestic fowl, Ordinance No. 6424 November 14, 2012 Page 4 of 33 miniature goats, and potbelly pigs, as those animals are defined in Chapter 18.04 ACC 21 "Misdemeanor" means a crime with a maximum penalty of 90 days in jail, a $1,000.00 fine, or both such fine and imprisonment. 22. "Owner" means any person, firm, corporation, organization, trust, or partnership possessing, harboring, keeping, having an interest in, or having control, custody, or possession of an animal. 23. "Person" shall include any person, partnership, corporation, trust, or association of persons. 24 "Police dog." The definition of "police dog" in RCW 4.24 410, including all future amendments, additions, or deletions, is adopted by reference. 25. "Potentially dangerous dog" means any dog that when unprovoked: a. Inflicts bites on a human or a domestic animal either on public or private property; b. 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, or to cause injury or otherwise to threaten the safety of humans or domestic animals; or c. Is known or should reasonably have been known by its owner to have aggressively bitten, attacked, or endangered the safety of humans or domestic animals. d. "Potentially dangerous dog" also means any dog that is known by the owner or should reasonably be known by the owner to be an Akita, American Pit Bull Terrier, American Staffordshire Terrier, Bull Terrier, Cane Corso, Dogo Argentino, Dogue de Bordeaux, Kuvasz, Pit Bull Terrier, Presa Canario, Staffordshire Bull Terrier or Tosa Inu, or any breed of dog, or any mix of dog breeds which contains as an element of its breeding the breed of Akita, American Pit Bull Terrier, American Staffordshire Terrier, Bull Terrier, Cane Corso, Dogo Argentino, Dogue de Bordeaux, Kuvasz, Pit Bull Terrier, Presa Canario, Staffordshire Bull Terrier or Tosa Inu, as to be ident�ably of or partially of such breed(s), or dogs that have an appearance and physical characteristics that are substantially similar to dogs referred to above. 27 Reserved. 28. "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, shall also provide protection from the elements for the dog, and shall either have a concrete floor or shall have secure fencing material buried not less than one foot below the surFace. Additionally, the animal control authority, as defined herein, may determine, based on objective and ident�able reasons, that the enclosure is not adequate or proper, in which case the animal control authority shall communicate in writing to the owner of the dangerous dog the deficiencies in the enclosure and the Ordinance No. 6424 November 14, 2012 Page 5 of 33 objective and ident�able reasons that the enclosure is not adequate or proper, and the owner shall correct the deficiencies identified by the animal control officer before the enclosure shall constitute a propec enclosure. The owner of the dangerous dog may appeal the animal control authority's determination that the enclosure is not adequate or proper, which appeal shall be filed in writing not more than ten days from the date the animal control authority communicates his/her determination that the enclosure is not adequate or proper, and which appeal shall be heard by the police chief or designee. The police chief or designee shall decide the appeal based on (1) whether the objective and ident�able reasons which were the basis of the animal control authority's determination have been shown, and (2) whether they reasonably support the decision that the enclosure is not adequate or proper It is provided, however, that regarilless of the materials used, or type and description of the enclosure, and regardless of the correction of any identified deficiencies, 'rf the dangerous dog escapes from the enclosure, that escape shall constitute prima facie evidence that the enclosure was not a proper enclosure, and shall constitute prima facie evidence, as well, that the dog owner is not in compliance with the requirements of this chapter 29. "Securely enclosed and locked" means a pen or structure which has secure sides and a secure top su'itable to prevent the entry of young children and designed to prevent the animal from escaping. If the pen or structure has no bottom secured to the sides, then the sides must be embedded in the ground no less than one foot below the surface of the ground. 30. "Severe injury" means any physical injury that results in (a) broken bones, (b) muscle, ligament, or tendon tears, (c) skin lacerations or puncture wounds that require sutures or surgery, or (d) transmission of an infectious or contagious disease. 31 "Unconfined" means not securely confined indoors or in a securely enclosed and locked pen or structure upon the premises of the person owning, harboring, or having the care of the animal. B. The present tense shall include the past and future tense, and the future the present. Each gender shall include all genders. The singular number shall include the plural, and the plural the singular 6.01.020 Authorized agents may perform duties. Wherever a power is granted to or a duty imposed upon the Aubum Police Deparlmerrt, the power may be exercised or the duty may be perFormed by any law enforcement officer authorized by the Chief of Police or by an animal control officer 6.01.030 Authority to pursue. Those authorized under Section 6.01.020 may pursue animals running at large onto City-owned property, vacant property, and unenclosed private property and seize, remove, and impound the same. Ordinance No. 6424 November 14, 2012 Page 6 of 33 6.01.040 Probable cause to impound animal. Any law enforcement or animal control o�cer having probable cause to believe that any person has violated any provision of this title by reason of his or her animal's misconduct may impound or cause to be impounded any such animal. Such impoundment shall be subject to all other sections of this title and all other municipal laws. When a law enforcement or animal controi officer has probable cause to believe a dog is a dangerous dog, he or she may impound the dog. Such dog shall be held in the shelter or a secure veterinary hospital until a hearing is held to determine the dog's status or the deadline for requesting such a hearing has passed. When a law enforcement or animal control o�cer has probable cause to believe a dog is a potentially dangerous dog, he or she may impound the animal. The law enforcement or animal control officer may require that such dog be held in the shelter or a secure veterinary hospital until a hearing is held to determine the animal's status or the deadline for requesting such a hearing has passed 6.01.050 Notice of impounding animal. Upon the impoundment of any animal under the provisions of this title, the animal control officer or shelter shall notify the owner, if the owner is known, of the impounding of such animal and the terms upon which said animal can be redeemed. The notifying of any person over the age of 18 who resides at the owner's domicile or mailing the notice to the address given to the City at the time the animal was ficensed shall constitute actual notice to the owner If the owner of said animal so impounded is unknown, then the Animal Control officer or shelter shall make a reasonable effort to locate and notify the owner of the animal. 6.01.060 Interference with impounding —gross misdemeanor It is unlawful for any person to willfully prevent or hinder the impounding of any animal, or to by force or otherwise remove any animal from the animal shelter without authority of the person in charge of the animal shelter, or without payment of all lawful charges against such animal. Violation of this section is a gross misdemeanor punishable as set forth in ACC 6.01.210. 6.01.070 Redemption of animals. A. Unless otherwise specifically provided in this title, the owner of any animal impounded under this title may redeem said animal within 72 hours from time of impounding by paying the appropriate redemption fee as well as any applicable boarding charge for the caring and keeping of such animal. All fees and charges must be paid prior to redeeming the animal. A dog or cat may not be redeemed unless it is properly licensed. B. If an impounded animal is not redeemed by the owner within 48 hours, then any person may purchase it within the next 48 hours by complying with the animal shelter's purchase provisions. In case such animal is not redeemed within 120 hours of impoundment, it may be humanely euthanized or Ordinance No. 6424 November 14, 2012 Page 7 of 33 othervvise disposed of within the discretion of the animal shelter 6.01.080 Reserved. 6.01.090 Reserved. 6.01100 Mandatory spay/neuter for impounded dogs and cats — exception. A. No unaltered dog or cat that is impounded more than once in any 12-month period may be redeemed by any person until the animal is spayed or neutered. The alteration shall be accomplished by the shelter or by any duly licensed veterinarian. In all cases, the veterinarian fees shall be paid at the time of redemption by the animal's owner B. Exceptions. The alteration shall not be required upon a showing of proof of alteration from a licensed veterinarian. The alteration shall not be required if the owner or other person redeeming the animal provides a written statement from a licensed veterinarian stating that the spay or neuter procedure would be harmful to the animal. 6.01 110 Mandatory spay/neuter for adopted dogs and cats —exception. A. No unaltered dog or cat that is othenivise eligible to be adopted from the shelter may be adopted by any person unless the animal is spayed or neutered. In all cases, the veterinarian fees shall be paid by the prospective owner Any adopted, unaltered dog or cat shall be subject to impoundment. B. Exceptions. The alteration shall not be required upon a showing of proof of alteration from a licensed veterinarian. The alteration shall not be required if the owner or other person adopting the animal provides a written statement from a licensed veterinarian stating that the spay or neuter procedure would be harmful to the animal. 6.01 120 Conditions of release. The animal control authority may refuse to release to its owner any animal that has been impounded more than once in a 12-month period unless the owner demonstrates that he or she has taken steps to reasonably ensure that the violation will not occur again. The shelter or the animal control authority may impose reasonable conditions that must be satisfied by the owner before release of the animal, including conditions assuring that the animal will be confined. Failure to comply with the conditions of release is a violation. Any animal suffering from serious injury or disease may be humanely euthanized by the shelter or City; provided, that the shelter or City shall immediately notify the owner if the owner is known. The shelter and City have no obligation to determine the owner of such animal if the animal is not wearing a license or other identification or is not microchipped. 6.01 130 Duties upon injury or death to an animal —misdemeanor Ordinance No. 6424 November 14, 2012 Page 8 of 33 The operator of a vehicle involved in an accident resulting in injury or death to a cat, dog, or livestock shall immediately stop the vehicle at or as near to the scene of the accident as possible and retum thereto, and shall give to the owner or other competent person having custody of the animal the name and address of the operator of the vehicle and the registration number of the vehicle involved in the accident. If the owner or othe� competent person is not the person at the scene of the accident, the operator shall take reasonable steps to locate the owner or custodian of the animal and shall supply the information hereinabove required. If the animal is injured to the extent that it requires immediate medical attention and there is no owner or custodian present to look after it, the operator of said vehicle shall immediately call 9-1-1 to report the situation to the Aubum Police Department. A person who violates this section shall be guilty of a misdemeanor, punishable as set forth in ACC 6.01.210. 6.01 140 Prevention of cruelty to animals —adoption by reference. RCW 16.52, "Prevention of Cruelty to Animals," as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein, including penalties; except that conduct constituting a felony, as determined by the prosecutor, is excluded. A complete copy of RCW 16.52, "Prevention of Cruelty to Animals," is on file with the City Clerk. A person who violates this section punished as set forth in ACC 6.01.210. 6.01 150 Crimes relating to animals—Adoption by reference. Chapter 9 08 RCW, "Animals, Crimes Relating to," as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein, including penalties; except that conduct constituting a felony, as determined by the prosecutor, is excluded. A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.01 160 Interfering with dog guide or service animal — Adoption by reference. RCW 9.91 170, "IMerFering with dog guide or service animal," as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein, including penalties; except that conduct constituting a felony, as determined by the prosecutor, is excluded. A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.07170 Interfering with search and rescue dog — Adoption by reference. RCW 9.91 175, "Interfering with search and rescue dog," as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein, including penalties; except that conduct constituting a felony, as determined by the prosecutor, is excluded. A person who violates this section shall be punished as set forth in ACC 6.01.210. Ordinance No. 6424 November 14, 2012 Page 9 of 33 6.01 180 Unlawfut traps—Adoption by reference. A. RCW 77 15.194, "Unlawful traps — Penalty," as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein, including penalties. A person who violates this section shall be punished as set forth in ACC 6.01.210. B. RCW 77 15.196, "UnlawFul poison — Penalty," as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein, including penalties A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.01.200 Poisoning animals — penalty—Adoption by reference. RCW 16.52.190, "Poisoning Animals — Penalty," as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein. A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.01.210 Penalties for violation A. Unless specfically designated in this Title as a gross misdemeanor or misdemeanor or is spec�ed to be enforced pursuant to other law, including, but not limited to, other chapters or titles of this Code, any violation of this Title shall constitute a Class 1 infraction, with a penalty not to exceed $250.00, not including statutory assessments. Such penalty is in addition to any other remedies or penalties specifically provided by law For each act herein prohibited of a continuing nature, each day shall be considered a separate offense. B. The penalties for violation of this Title are: Code Provision Violation Penalty 6.01.060 Interference with impounding Maximum $5,000.00, 364 an animal da s GM 6.01 130 Duties upon injury or death to Maximum $1,000.00, 90 an animal da s M 6.01 140 Cruelty to Animals (adopting Max. $5,000.00, 364 days RCW 16.52 GM 6.01 150 Crimes related to Animals Mandatory $500.0�fine (adopting RCW 9.08) (GM) 6.01 160 Interfering with clog guide or Maximum $5,000.00, 364 service animal (adopting RCW ' days (GM) 9.91 170 6.01 170 Interfering with search and Maximum $5,000.00, 364 rescue dog (adopting RCW days (GM) 9.91 175 6.01 180 Unlawful Traps (adopting RCW Maximum $5,000.00, 364 77 15.194, 77.15.196 da s GM Ordinance No. 6424 November 14,2012 Page 10 of 33 Code Provision Violation Penelty 6.01.200 Poisoning Animals (adopting Maximum $5,000.00, 364 RCW 16.52.190 da s GM 6.02.010(A) Animal at Large 15 offense $50.00 2"a offense $100.00 3rd offense $200.00 4�h and subsequent offense $250.00 I � 6.02.020 Failure to confine dog or cat in 15 offense $50.00 heat 2"d offense $100.00 3rd offense $200.00 4t" and subsequent offense $250.00 I 6 02.030 Possession of a Rooster 1$ offense $50.00 2nd offense $100.00 3ro offense $200.00 4�h and subsequent offense $250.00 I 6.02.040 Dog off-leash � 15 offense $50.00 2"d offense $100.00 3`� offense $200.00 4th and subsequent offense $250.00 I 6.02.050 Dog chasing vehicle on public 15 offense $50.00 road 2"d offense $100.00 3rd offense $200.00 4`" and subsequent offense $250.00 I 6.02.080 Dog jumping or threatening 1 offense $50.00 pedestrian 2nd offense $100.00 3`� offense'$200.00 4th and subsequent offense $250.00 I 6.02.090 Animal injuring human, Maximum $1,000.00, 90 domestic animal, or livestock da s M 6.02.100 Directing dog to attack or Maximum $5,000.00, 364 harass da s GM 6.02.110 Directing dog to attack or Maximum $5,000.00, 364 harass public officer days Minimum of$500.00, 5 da s in 'ail GM ' For all infractions with graduated penalties, the offenses are measured on a "rolling" basis; i.e., within the most recent 12 months. Ordinance No. 6424 November 14, 2012 Page 11 of 33 Code Provision Viola6on Penaity 6.02.120 Use of do in ill al activi $500.00 GM 6.02.130 Animal injuring private and if value of damage to the public property property is less than $750, the penalty shall be up to $250.00 (I) If value of the damage to the property is equal to or greaterthan $750, the Maximum penatty shall be $1,000.00, and 90 days M 6.02.132(A) Failure to remove animal $25.00 (I) waste. 6.02.132(B) Failure to posses equipment to $25.00 (I) remove animal waste 6.02.140 Animal Noise $50.00 I 6.02.150 Unlicensed transfer of animals $50.00 (I) in ublic lace 6.04.010 Failure to license do or cat $50.00 I 6.04.020(A) Failure to display license or $50.00 (I) allow to scan for microchi 6.04.020(B) Failure to provide proof of $50.00 (I) licensin 6.04.040 Violation of maximum number $50.00 (I) of do s/cats3 6.04.060 Sale or gift of unaltered pet in $50.00 (I) ublic 6.04 090 Sale or transfe�of unlicensed $50.00 (I) et 6.04 130 Insufficient check/stop payment $50.00 (I) for check used to purchase license 6.04 170(A) Transfer of puppies of dog not $50.00 (I) licensed as unaltered 6.04 170(B) Transfer of kittens of cat not $50.00 (I) licensed as unaltered 6.04 170(D) Failure to list license number $50.00 (I) on advertisement (GM) =Gross Misdemeanor, (M)= Misdemeanor, (I) = Infraction � Note: This is also a violation of 8.28.010(C). However, the penalties for that are civil fines that must be imposed as part of code enforcement. 3 Note: This is also a violation of ACC 18.31230, and may be processed by Code Enforcement Ordinance No. 6424 November 14, 2012 Page 12 of 33 6.01.220 Severability. Should any part of this titie be adjudged invalid for any reason, such adjudication shall not affect the validity of this title as a whole or any part thereof. Section 2. New Chaater to CiN Code. That a new Chaptec 6.02 be and the same hereby is added to the Aubum City Code to read as follows: Chapter 6.02 ANIMAL CONTROL Sections: 6.02.010 Animals at large on public grounds. 6.02.020 Confinement of female dogs and cats in heat. 6.02.030 Roosters prohibited. 6.02.040 Dogs off premises to be on leash. 6.02.050 Dogs chasing vehicles on public roads. 6.02.060 Reserved. 6.02.070 Removal of animals for feeding — Examination — Notice — Euthanasia —Adoption by reference. 6.02.080 Dogs jumping and/or threatening pedestrians. 6.02.090 Animals injuring humans, domestic animals, or livestock — gross misdemeanor 6.02.091 Rabies notification. 6.02.100 Directing dog to harass or attack—gross misdemeanor 6.02.110 Directing dog to harass or attack public officer — gross misdemeanor—minimum mandatory 6.02.120 Use of dog in illegal activity prohibited —gross misdemeanor 6.02.130 Animals injuring private or public property — infraction or misdemeanor 6.02.132 Removal of animal waste. 6.02.135 Police Dogs 6.02.140 Public disturbance noise and public nuisance noise made by an animal. 6.02.150 Sale or transfer of animals in public places prohibited. 6.02.160 Violations — Civil infraction. 6.02.010 Animals at large. A. If any animal is at large, the owner or person having control or custody of the animal has violated this subsection. Any animal entering or trespassing upon such property may be seized and impounded. B. This section does not apply 1 to areas designated as an off-leash area by the City; 2. if animals are allowed off-leash as part of a special events permit; or 3. if off-leash activity has been authorized by a public property owner Ordinance No. 6424 November 14, 2012 Page 13 of 33 on the owner's property C A person who violates this section shail be punished as set forth in ACC 6.01.210. 6.02.020 Confinement of female dogs and cats in heat A. Every female dog and cat in heat shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with a male of the species, except for planned breeding. It is a violation for any person having control or custody of a dog or cat in heat to allow such animal to be unconfined. Any dog or cat not so confned when in heat, whether or not such dog or cat is licensed, may be seized and impounded, and will be subject to mandatory spaying in accordance with the process set forth in Section 6.01 110 without regard to prior impoundment. B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.02.030 Roosters prohibited. A. It is a violation for any person to own, possess, or harbor a rooster within the City limits. B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.02.040 Dogs off premises to be on leash. A. If any dog is off the premises of its owner or custodian such dog, while away from such premises, must be controlled by a leash or chain not more than eight feet in length, such control to be exercised by such owner or custodian or other competent and authorized person. Failure to control a dog in this manner is a violation. 6. A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.02.050 Dogs chasing vehicles on public roads. A. If any iiog chases, runs after, or jumps at vehicles, including bicycles, lawfully using the public road, street, avenues, alleys, and ways the owner or person having control or custody of the animal has violated this subsection. Any such dog may be seized and impounded. B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.02.060 Reserved. 6.02.070 Removal of animals for feeding — Examination — Notice — Euthanasia —Adoption by reference. RCW 16.52.085, "Removal of animals for feeding — Examination — Notice — Euthanasia," as now enacted or hereinafter amended, is hereby adopted by Ordinance No. 6424 November 14, 2012 Page 14 of 33 reference as 'rf fully set forth herein. 6.02.080 Dogs jumping or threatening pedestrians. A. If any dog chases, runs after, snarls at, growls at, jumps upon, or threatens persons upon public sidewalks, roads, streets, alleys, or public places the owner or person having control or custody of the animal has violated this subsection. Any such dog may be seized and impounded. B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.02.090 Animals injuring humans, domestic animals, or livestock — gross misdemeanor A. The owner or other person having control or custody of any animal is guilty of a gross misdemeanor if he or she has possession, custody, or corrtrol of an animal that, because of the owner's negligence, causes injury to a human, domestic animal, or livestock which is acting in a lawFul manner Any such animal may be seized and impounded. Any penalties imposed under this section are in addition to any penalties or civil remedies imposed in relation to a declaration that a dog is dangerous or potentially dangerous. B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.02.091 Rabies notification. When an animal control officer is notified that an animal has bitten a human and the bite penetrated the skin, the animal control authority shall notify the Health Department. 6.02.100 Directing dog to harass or attack— gross misdemeanor. A. It shall be unlawful for any person having control or custody of any dog to direct, encourage, cause, allow, or otherwise aid or assist any dog to threaten, charge at, bite, harass, menace, or attack any person within the City Any such animal may be seized and impounded. Any violation of this section is a gross misdemeanor B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.02.110 Directing dog to harass or attack public officer — gross misdemeanor— minimum mandatory It shall be unlawful for any person having control or custody of any dog to allow, direct, encourage, cause, or otherwise aid or assist any dog to threaten, charge, intimidate, bite, harass, menace, or attack any animal control or other public officer engaged in the conduct of his or her duties. Any such animal may be seized and impounded. A person who violates this section shall be punished as set forth in ACC 6.01.210. "Public officer" means any general authority, limited authority, or specially commissioned Washington peace officer or federal peace Ordinance No. 6424 November 14, 2012 Page 15 of 33 officer, as those terms are defined in RCW 10.93.020, and other public officers who are responsible for enforcement of fire, building, zoning, and life and safety codes. 6.02.120 Use of dog in illegal activity prohibited —gross misdemeanor A. No person shall keep, maintain, control, or retain custody of any dog in conjunction with or for the purpose, whether in whole or in part, of.aiding, abetting, or conducting any illegal activity or committing any crime within the City Any such animal may be seized and impounded. B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.02.130 Animals injuring private and public property — infraction or misdemeanor A. If any animal damages or destroys any property or thing of value upon the private property of another, or upon any public property the owner or person having control or custody of the animal has violated this subsection. Any such animal may be seized and impounded. B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.02132 Removal of animal waste. A. It is a violation for any person to fail to immediately remove fecal matter deposited by a dog or other animal in his or her�possession on public property such as park property, school grounds, public rights-of-way, or public easements or on private property that does not belong to the animal's owner or custbdian. B. It is a violation for any person to fail to have in his or her possession equipment such as a plastic bag or other means of conveyance necessary to remove his or her animal's fecal matter, when that animal deposits fecal matter on any public property such as park property, school grounds, public righfs-of-way, or public easements or on private property that does not belong to the animal's owner or custodian. C. This section shall not apply to a "guide" or "service" dog, as now or hereafter defined in RCW 70.84, while the dog is in hamess. D A person who violates this section shall 'be punished as set forth in ACC 6.01.210. 6.02.135 Police dogs. A. Definitions. As used in this section, unless the context or subject matter clearly requires otherwise, the following words or phrases shall have the following meanings: 1 "Police dog" means a dog used by a law enforcement agency specially trained for law enforcement work and under the control of a dog handler Ordinance No. 6424 November 14, 2012 Page 16 of 33 2. "Dog handler" means a law enforcement officer who has successfully completed training as prescribed by the Washington State Criminal Justice Training Commission in police dog handling. B. Interference with and Abuse of Police Dogs Prohibited. It is unlawful for any person to: 1 Willfully or maliciously interfere with, obstruct, torture, beat, kick, strike, mutilate, disable, shoot, poison, kill or in any other way abuse or harass any police dog; 2. Harass a police dog while such police dog is confined in its quarters, an automobile, kennel, fenced area, training area, or while it is under the coritrol of a dog handler; 3. Willfully or maliciously interfere with a police dog or dog handler while such police dog or dog handler is engaged in lawful police activities. C. Reimbursement of Costs to City Any person who kills or permanently disables a police dog as a result of any unlawful act set forth in subsection B of this section shall be liable for and shall pay to the general fund of the city the value of the police dog at such time the incident occurred, which shall include costs incurred in the training, care, feeding, and purchase cost of such police dog. D Exemptions from Animal Control Code. 1 All police dogs and all dogs being trained as police dogs shall be exempt from all provisions of the Aubum City Code relating to animal control, with the exception of the portion thereof pertaining to rabies control. 2. All police dogs and all dogs being trained as police dogs shall be exempt from all licensing fees set forth by the Auburn City Code relating to animal control and the ordinances of the city, but such dogs shall be registered with those agencies. E. Penalty In addition to the penalties set forth in subsection C of this section, any violation of this section is a misdemeanor 6.02.140 Public disturbance noise and public nuisance noise made by an animal. A. Any public disturbance noise made by an animal is unlawful and may be enforced under the provisions of ACC Section 8.28.010.C, or as a civil infraction under this section. B. When animal noise is prosecuted as a crime, the terms of ACC 8.28 shall govern. C. When animal noise is treated as a civil infraction, the following is a violation: 1 Any animal which by making any noise that, by its volume or frequency, unreasonably disturbs or interferes with the peace of any person(s) for more than 15 minutes in any one-hour period of any day, and is documented by three or more separate episodes of such noise in a sequential seven-day period. 2. Exceptions to this subs.ection are public shelters, small animal Ordinance No. 6424 November 14, 2012 Page 17 of 33 hospitals or clinics, or grooming parlors otherwise in compliance with the Aubum City Code, or those who can substantiate that such animal noise was caused by an injury or illness of the animal(s) or by willful trespass, torment, or abuse of the animal(s) on its property by others. 3. Enforoement may be undertaken only upon written receipt of a complaint made to either the animal control authority or law enforcement by a person(s) residing at or who is employed in an area affected by such public noise disturbance. Any such animal(s) shall be deemed a nuisance and may be seized and impounded if the disturbance reoccurs after the owner or custodian of such animal(s) has received two written wamings, two notices of civil infraction, or a written warning and a notice of civil infraction from either the animal control authority or law enforcement within a calendar year 4 Animal noise violations under this chapter shall be punished as set forth in ACC 6.01.210. 6.02.150 Sale or transfer of animals in public places prohibited. A. It is unlawFul to sell, barter, or otherwise transfer for the purpose of changing ownership of any dog or cat in an area open to the public unless such activ'ity is licensed pursuant to Title 5 of this Code. B. A person who violates this section shall be punished as set foith in ACC 6.01.210. 6.02.160 Reserved. Section 3. New Chaater to Citv Code. That a new Chapter 6.04 be and the same hereby is added to the Aubum City Code to read as follows: Chapter 6.04 ANIMAL LICENSING Sections: 6.04.010 License required. 6.04 020 Display or evidence of license. 6.04.030 When license is not required. 6.04.040 Maximum number of dogs or cats. 6.04.050 Mandatory spaying and neutering. 6.04 060 Sale or gift of unaltered pet. 6.04 070 Animal licenses. 6.04 080 License not transferable. 6.04 090 Sale or transfer of pet without license. 6.04 100 Denial of animal license application. 6.04 110 Appeal of animal license application denial 6.04 120 Notice of revocation. 6.04130 Checks. 6.04 140 Failure to license. 6.04 150 Late payment penalty Ordinance No. 6424 November 14, 2012 Page 18 of 33 6.04 160 Use of fees and fines. 6.04 170 Puppies and kittens. 6.04 180 License records. 6.04 190 Counterfeit and imitation tags. 6.04.010 License required. A. It is unlawFul for any person to own, keep, or have control of a dog or cat over the age of 8 weeks, whether confined or not, within the corporate boundaries of the City without having a current license tag attached to the collar or hamess which is worn by the dog or cat or having been lawfully implanted with a microchip. My dog or cat which is off the premi§es of fts owner must have a current license, regardless of its age: If any dog and/or cat which is required to be licensed is found without a current license, it may be seized and impounded by the animal control agency or the law enforcement agency of the City Additionally, such seizure and impoundment will not preclude the issuance of a criminal complaint. B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.04.020 Display or evidence of license. A. Any person in possession of a dog or cat in a public place must, upon demand from an animal control officer or police officer, display the animal's license tag, except that a dog or cat properly implanted with a microchip in accordance with this chapter need not display a tag, but must allow the officer to scan or read the microchip. Refusal to display the tag or to allow scanning or reading the microchip is a violation and the animal may be impounded. B. Owners that choose to have their dog or cat implanted with a microchip shall be responsible for licensing their dog or cat with City and shall pay all required and applicable licensing fees. C. Any person in possession of a dog or cat on private property that is not open to the public must, upon demand from an animal control officer or police officer, provide proof that the animal is licensed in accordance with this title. D A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.04.030 When a license is not required. A. While a dog or cat is competing in a sanctioned dog or cat show, it is not required to display its license tag while competing. Upon demand from an animal control officer or police officer, however, any person in possession of an animal competing in a sanctioned show must provide proof that the animal is licensed in accordance with this Chapter B. The provisions of this chapter shall not apply to dogs used by a law enforcement agency for police work, nor to dogs or cats in the custody of a veterinarian or animal shefter or animal rescuer, or whose owners are nonresidents temporarily within the city for a period not exceeding thirty (30) Ordinance No. 6424 November 14, 2012 Page 19 of 33 calendar days. 6.04.040 Mauimum number of dogs or cats. A. The maximum number of dogs and cats which may be licensed by a resident of the City or kept at a street address or physical location in the City are four (4) dogs or four (4) cats or any combination of dogs and cats totaling four (4) animals pursuant to Section 18.31.230 of the Auburn City Code. B. The maximum limits on dogs and cats at a street address or physical location does not apply to the facilities of a Humane Society or other animal shelter, veterinary hospitals, or kennel in compliance with this title. C. A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.04.050 Mandatory spaying and neutering. A. No person shall own or harbor any cat or dog over the age of six months that has not been spayed or neutered unless: 1 The person holds an unaltered animal license from the City for the animal; 2. Guide dog puppies in training and police service dogs are exempted from the provisions of this section. B. Any dog or cat over the age of six months adopted from an animal shelter shall be spayed or neutered before transfer to the owner 6.04.060 Sale or gift of unaltered pet A. It is a violation of this section to sell or give away unaltered dogs and cats in any public places or to auction off or raffle unaltered dogs and cats as prizes or gifts. B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.04.070 Animallicenses. A. Animal licenses shall be issued by the City andlor its authorized contractor and may be issued by veterinarians, pet shops, catteries, and kennels and other approved locations upon application and the payment of a license fee according to the schedule provided by the resolutiori of the City Council. They shall be subject to the following: B. Applications for an animal license shall be on forms provided by the City Upon application and the payment of a license fee according to the schedule provided in the City's fee schedule, animal licenses shall be issued by the City or approved entities. C Any and all fees associated with the licensing of pets shall be esta6fished and may be amended by resolution of the City Council. D. Animal licenses for dogs and cats shall be valid from January through December of any given year in which the license is issued and shall be renewed annually subject to the following provisions: Ordinance No. 6424 November 14, 2012 Page 20 of 33 1 For a license issued by King County Regional Animal Services prior to January 1, 2013, this license shall be considered by the City to be valid through its expiration date and no City of Aubum license shall be required until after said expiration date. 2. For a license issued by King County Regional Animal Services prior to January 1, 2013 that expires prior to December 31, 2013, the license holder shall be responsible for applying for a City of Aubum license and paying a pra rated fee for the remaining period of 2013. 3. Persons applying for an animal license with the City beginning on January 1, 2013 that do not have a current a license issued by Kirig County Regional Animal Services must license their pet with the City subject to its licensing process and fees. E. Juvenile licenses may be obtained in lieu of an unaltered animal license for animals from eight weeks to six months old. F A person under the age eighteen years is not eligible to purchase an animal license. G. City residents who qualify under the provisions of Chapter 13.24 of the Auburn City Code may purchase a discounted animal license for their cats or dogs that are neutered or spayed and that are maintained at the registered owner's registered address. H. Disabled residents that meet one or more of the following eligibility requirements and complete and submit the required City form may purchase a discounted animal license for their cats or dogs that are neutered or spayed and that are maintained at the registered owner's registered address: 1 Current King County Metro Regional Reduced Fare Permit. 2. Certification from the Veterans Administration of a disability of at least 40 percent. 3. Valid Medicare card issued by the Social Security Administration. 4 Valid Regional ADA paratransit card issued by King County Metro or Pierce Transit or Sound Transit. 5. Obvious physical impairment. 6. Current participation in a vocational career program through the Washington State Individual Education Program. 7 Medically disabled as certified by a physician, psychiatrist, psychologist, physician's assistant, advanced registered nurse practitioner or audiologist, licensed in the State of Washington. I. Senrice animals shall be licensed but no license fee shall be required. 6.04.080 License not transferable. Dog or cat licenses as provided for in this Chapter shall be nontransferable. A person may use a license for another dog or cat that he/she owns, if the dog or cat for which it was issued is no longer owned by such a person. It is unlawful for any person to give, sell, exchange, or othervvise transfer a dog or cat license to another person, even if it is to be used for the same dog or Ordinance No. 6424 November 14,2012 Page 21 of 33 cat for which it was originally issued. 6.04.090 Sale or transfer of pet without license. A. It is a violation of this chapter for any person to sell or transfer ownership of any pet without an animal license. The City shall be notified of the name, address and telephone number of the new owner by the person who sold or transferred the pet. B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.04.100 Denial of animal license application. An applicant may be denied the issuance or renewal of a animal-license, if the applicant was previously found in violation of the animal cruelty provisions of this Title or convicted of animal cruelty under RCW 16.52.205 or 16.52.207 A. An applicant may be denied the issuance or renewal of a animal license for up to: 1 four years, if found in violation of the animal cruelty provisions of ACC 6.02 or convicted of a misdemeanor under RCW 16.52.207, or 2. indefinitely, if convicted of a felony under RCW 16.52.205. B. Any applicant who is either the subject of a notice and order under this Title or charged with animal cruelty under RCW 16.52.205 or 16.52.207, may have the issuance or renewal of their animal license denied pending the final result of either the notice and order or charge. C. The denial of the issuance or renewal of a animal license is subject to appeal. 6.04.110 Appeal of animal license application denial or notice of revocation. A. Any person whose application for a license has been denied, or who has received a notice of revocation of their license(s), may appeal that decision. The appeal shall be made to and heard by the designated Hearing Examiner for the City B. The appeal proceedings shall be conducted in accordance with the provisions of ACC 18.66 C. The appeal fee shall be the amount provided by resolution adopted by City Council and shall be paid at the time of the appeal filing to the City A failure to pay the required fee at time of filing shall be considered a basis for non- acceptance of said filing. 6.04.120 Notice of revocation. An animal license issued by the City may be revoked upon an administrative determination that a violation of this Title has occurred. The holder of the license subject to revocation shall be notified of said revocation in writing and shall have the opportunity to appeal pursuant to Section 6.04 110. Ordinance No. 6424 November 14, 2012 Page 22 of 33 6.04.730 Checks. A. It is a violation of this chapter for any person to knowingly issue a check for which funds are insu�cient or to stop payment on any check written in payment of fees in this chapter Any license or penalry paid for with those types of checks are, in the case of the license, invalid; and in the case of the penalty, still outstanding. Costs incurred by the. City in collecting checks of this nature shall be considered a cost of abatement and are personal obligations of the animal owner B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.04.140 Reserved. 6.04.150 Late payment penalty Any person who fails to obtain a license by the specified renewal license date shall be charged a late payment fee in addition to the license fee ac�rding to the City's fee schedule. 6.04.160 Use of fees and fines. All fees and fines collected under this chapter shall be deposited in the general fund to be applied solely to animal services. The City is authorized to accept credit and bank card payments for fees and penalties imposed under this Chapter 6.04.170 Puppies and kittens. A. It is a violation to sell or give away puppies unless the puppies were born to a dog licensed as an unaltered animal. B. It is a violation to sell or give away kittens unless the kittens were born to a cat licensed as an unaltered animal. C. If the owner provides proof to the court that the dog or cat that bore the puppies or kittens was subsequently spayed and is currently licensed, the court shall consider this a mitigating factor in determining whether to impose a penalty or the amount of any penalty that is imposed. D. Any advertisement, sign, placard, or notice that puppies or kittens are available for sale or may be obtained free of charge must include the license tag number of the mother of the puppies or kittens. Failure to include the license tag information is a violation. E. This section does not apply to the Humane Society or an animal shelter as defined in this Chapter F A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.04.180 License records. The City shall keep a record of the names and addresses of persons to whom licenses are issued, the number and date of the license, and the amount Ordinance No. 6424 November 14, 2012 Page 23 of 33 paid for the same. Every pet owner must notify the City if the owner moves the animal to a new address or if the owner changes his or her mailing address. 6.04.190 Counterfeit and imitation tags. No person shall create, sell, deliver, use, or possess imitation or counterfeit license tags. Violation of this section is a gross misdemeanor Section 4. Amendin4 Citv Code. That Chapter 6.35 of the Auburn City Code is hereby amended to read as follows: Chapter 6.35 DANGEROUS DOGS Sections: � 6.35.010 Reqealed. 6.35 020 Dangerous dogs — Notice to owners — Right of appeal — Certificate of registration required — Surety bond — Liability insurance— Restrictions. 6.35.030 Dangerous dogs and potentially dangerous dogs — Requirements for restraint. 6.35.035 Registration of potentially dangerous dogs. 6.35.040 Dangerous dogs — Confiscation — Conditions — Duties of animal control authority— Penalties. 6.35.010 Reaealed. n ��o,.a....+�.,u., a.......� � a....^ .,, ., a.... �t,�F...tie.. ��......,...,be.�� rc. ° ��� O !`h..e.ec. i. ....I�..e .. .. 4L.c. �.4nee4e. e.irde....�ILc. _. � n.+��n� : �4he�..ui..e'4.. 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(Ord. 6244 § 1, 2009; Ord. 5996 § 1, 2006; Ord. 5829 § 1, 2004 ) 6.35.020 Dangerous dogs — Notice to owners — Right of appeal — Certificate of registration required — Surety bond — Liability insurance — Restrictions. A. In addition to the enforcement authority with which the animal control authority has been vested pursuant to state law and/or the King County Code (adopted by reference pursuant to Chapter 6.32 ACC), the animal control authority shall be authorized to enforce the provisions of this chapter; provided, that in connection with the enforcement of the provisions of this chapter to seek to declare a dog within the city to be dangerous, the animal control authority shall employ the not�cation and appeal procedures as defined in this section, including serving notice upon the dog owner in person or by regular and certified mail, return receipt requested. B. The notice must state: the basis for the proposed action; the reasons the authority considers the animal dangerous; a statement that the dog is subject to registration and controls required tiy this chapter, including a recitation of the controls in subsections F and G of this section; and an explanation of the owner's rights and of the proper procedure for appealing a decision finding the dog dangerous. C Prior to the authority issuing its final determination, the authority shall notify the owner in writing that he or she is entitled to an opportunity to meet with the authority, at which meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous, including the owner's compliance with the AKCs CGC program, or comparable course or program provisions as provided herein, if applicable. The owner may also request a reasonable delay before the final determination is made 'rf the owner has already enrolled in the AKC's CGC program, or comparable course or program, if applicable. The notice shall state the date, time, and location of the meeting, which must occur prior to expiration of 10 calendar days following Ordinance No. 6424 November 14, 2012 Page 27 of 33 delivery of the notice. The owner may propose an alternative meeting date and time, but such meeting must occur within the 10-day time period set forth in this section. After such meeting, the authority must issue its final determination, in the form of a written order, within 10 calendar days. In the event the authority declares a dog to be dangerous, the order shall include a recital of the authority for the action, a brief, concise statement of the facts that support the determination, and the signature of the person who made the determination. The order shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the owner's last address known to the authority D. The owner may appeal the authority's final determination that the dog is dangerous to the city's hearing examiner, which appeal shall be in accordance with the provisions herein and pursuant to the procedures of the city code. Any such appeal by the owner shall be perfected by filing a written notice of such appeal with the city clerk within 15 days of the date the owner received the final determination if the order was delivered in person, or within 20 days of the date the order was mailed to the owner, by filing a written notice of appeal with the city clerk. While the appeal is pending, the authority may order that the dog be confined or controlled in compliance with ACC 6.35.030 and/or RCW 16.08.090. If the dog is determined to be dangerous, the owner must pay all costs of confinement and control. E. It is unlawful for an owner to have a dangerous dog in the city without a certficate of registration issued pursuant to this section. This section and ACC 6.35.030 and 6.35.040 shall not apply to police dogs as defined in ACC 6.32.030 and/or RCW 4.24 410. F The animal control authority shall issue a certificate of registration to the owner of a dog deemed to be a dangerous dog if the owner presents to the animal control unit sufficient evidence of: 1 A proper enclosure to confine a dangerous dog, as such enclosure � is defined and described in ACC �.-9�9EBj6.01.010{A)(28), and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog; 2. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the animal control authority in the sum of at least $250,000.00, payable to any person injured by the dangerous dog, or such surety bond that otherwise meets the requirements of RCW 16.08.080; or 3. A policy of liabiliry insurance, such as homeowner's insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000.00, insuring the owner for any personal .injuries inflicted by the dangerous dog, or such liability insurance that otherwise meets the requirements of RCW 16.08.080. G. Any dog which is declared to be a "dangerous dog" pursuant to this chapter or Chapter 16.08 RCW shall also be required to be microchipped by a veterinarian of the owner's choice, at the owner's expense. This shall be in Ordinance No. 6424 November 14, 2012 Page 28 of 33 addition to the other requirements of this chapter and in addition to the applicable requirements for licensing as defined within this title, and this procedure must be accomplished within 30 days after the owner's receipt of the dangerous dog declaration issued pursuant to this chapter or Chapter 16.08 RCW H. In addition to regular dog licensing fees, the owner of a dangerous dog shall pay to the ciry a dangerous dog registration fee in the amount of $500.00 per year for the dangerous dog registration, and shall comply with the city's dangerous dog registration procedures, including providing the city with a photograph of the dangerous dog, each year Such photograph(s) shall show the dog's coloring and body shape. (Ord. 6244 § 2, 2009; Ord. 5996 § 1, 2006, Ord. 5829 § 1, 2004 ) 6.35.030 Dangerous dogs and potentially dangerous dogs — Requirements for restraint A. It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper enclosure, as defined and described in ACC �-55-949fB} 6.01.010(A)(281, unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal. B. It is unlawful for an owner of a potentially dangerous dog to permit the dog to be allowed or permitted to run free and unrestrained or off leash or not otherwise under physical restraint of a responsible person, unless within a fenced yard or similar restraint reasonably designed to prevent the dog from running free and unrestrained. It is provided, however, that the top of such fence shall be six feet in height as measured from the ground level, unless there is a secured top — full enclosure —to the fenced-in area; and it is further provided, that such fence or enclosure area shall comply with aIl applicable city codes. C It is unlawful for an owner of a dangerous dog or a potentially dangerous dog to permit the dog to be walked outside the proper enclosure by anyone under the age of 16 years. D The owners of dangerous dogs and potentially dangerous dogs are responsible for taking all reasonable measures to assure that the dogs do not escape the above restraints, the failure of which responsibility shall constitute a violation of this chapter, punishable pursuant to ACC 6.35.040. The failure of the owner of a dangerous dog to comply with the requirements for dangerous dog registration shall also constitute a violation of this chapter, punishable pursuant to ACC 6.35.040. (Ord. 6304 § 1, 2010; Ord. 6244 § 3, 2009; Ord. 5996 § 1, 2006; Ord. 5829 § 1, 2004 ) 6.35.035 Registration of potentially dangerous dogs. In addition to the dog licensing requirements as set forth in Chapter 6.32 ACC, the owners of potentially dangerous dogs, as defined herein, shall file with the city clerk a notice of potentially dangerous dog according to the form available from the city clerk. There shall be no fee charged for such potentially Ordinance No. 6424 November 14, 2012 Page 29 of 33 dangerous dog registration, other than as follows: the owner of a potentially dangerous dog that was previously found to be a potentially dangerous dog because: (A) while unprovoked, it attacked, bit, endangered or injured a human or a domestic animal; or (B) it has chased or approached a person upon a street, sidewalk, or public grounds in a menacing fashion shall pay to the city a fee in the amount of $100.00 per year for the registration of the potentially dangerous dog. Failure to comply with this provision shall constitute a violation of this chapter, punishable as a misdemeanor in accordance with ACC 9 02.040. (Ord. 6244 § 4, 2009; Ord. 5996 § 1, 2006.) 6.35.040 Dangerous dogs — Confiscation — Conditions — Duties of animal control authority— Penalties. Any dangerous dog shall be subject to immediate confiscation by the animal control authority if• (A) the dog is not validly registered under ACC 6.35.020 or, if brought into the city after having been declared dangerous in any other jurisdiction, has not been validly registered within 10 days of its first arrival within the city; (B) the owner does not secure the liability insurance coverage required under said ACC 6.35.020; (C) the dog is not maintained in the proper � enclosure as defined and described in ACC �9�6.01.010(Al(281; or (D) the dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of a responsible person. The owner must pay the costs of confinement and control. The animal control authority must serve notice upon the dog owner in person or by regular and certified mail, retum receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner ff the deficiencies for which the dog was confiscated are not corrected within 20 days. The animal control authority shall destroy the confiscated dangerous dog in an expeditious and humane manner if any deficiencies required by this section are not corrected within 20 days of not�cation. In .addition, other than where violations are prosecuted as a felony pursuant to RCW 16.08.100, any ovuner who violates the provisions of this chapter shall be guilty of a gross misdemeanor punishable in accordance with ACC 9.02.030 (Ord. 6244 § 5, 2009; Ord. 5996 § 1, 2006, Ord. 5829 § 1, 2004 ) Section 5. Reoealina Chaoter of Citv Code. That Chapter 6.32 of the Auburn City Code is hereby repealed. Section 6. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance No. 6424 November 14, 2012 Page 30 of 33 Section 7. Severabilitv. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 8. .Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED• NOV /9 2012 PASSED• NOV Y 9 7017 APPROVED• NOV !9 2019 CITY OF AUBURN ATTEST � � �� �/� // PETER B. LEWIS ��1�� MAYOR Danielle E. Daskam, City Clerk APP VED S TO FORM� aniel B. ' , City Attome Published: Ordinance No. 6424 November 14, 2012 Page 31 of 33 TEXT OF CHAPTER BEING REPEALED—Chapter 6.32 Chapter 6.32 ANIMAL CONTROL Sections: 6.32.010 King County provisions adopted by reference. 6.32.015 Dog leash law. 6.32.020 Publishing, recording and filing requirement. 6.32.030 Police dogs. 6.32.010 King County provisions adopted by reference. There is herewith adopted by the city, by reference, Title 11 of the codified ordinances of King County, King Courrty Ordinance No. 1396, including the provisions of Chapter 11.08 thereof identified in ACC 6.32.015, as now or hereafter amended; provided, that references to King County shall be changed to, read and interpreted as the city of Auburn, unless a contrary intent is expressed therein or such a change/reading/interpretation is contrary to the rest of the provisions of this title of the city code and/or Title 11 of the King Courrty Code. (Ord. 5681 § 1, 2002; Ord. 4065 § 5, 1985.) 6.32.015 Dog leash law. The entire city is hereby designated a dog control zone and the following sections of Chapter 11 08 of the King County Code, as now in effect, and as may be subsequently amended, are hereby adopted by reference, except that, unless the context indicates otherwise, the word "county" and the words "King County" shall refer to the city and references to violations of the county code or county ordinances shall be deemed to be references to violations of city ordinances: 11.08.010 Purpose. 11 08.020 Definitions. 11 08.030 Dog at large prohibited in dog control zones. 11 08.060 Violations — Civil penalty 11 08.070 Severability (Ord. 5681 § 2, 2002.) 6.32.020 Publishing, recording and filing requirement. Pursuant to the provisions of RCW 35A.12.140, Title 11 of the codified ordinances of King County, as adopted in ACC 6.32.010, shall not be published in a newspaper as provided in RCW 35A.12.160, but the ordinance cod�ed in this chapter shall be so published and a copy of the ordinances adopted in ACC 6.32.010, or portions thereof with amendments or additions, if any, in the form in which it was adopted, shall be authenticated and recorded by the city clerk along with the adopting ordinance. Not less than one copy of the adopted King County ordinance wkh amendments or additions, if any, in the form in which it was Ordinance No. 6424 November 14, 2012 Page 32 of 33 adopted, shall be filed in the office of the city clerk for use and examination by the public. (Ord. 4123 § 1, 1986; Ord. 3390 § 2, 1979.) 6.32.030 Police dogs. A. Definitions. As used in this section, unless the context or subject matter clearly requires otherwise, the following words or phrases shall have the following meanings: 1 "Police dog" means a dog used by a law enforcement agency specially trained for law enforcement work and under the control of a dog handler 2. "Dog handler° means a law enforcement o�cer who has successfully completed training as prescribed by the Washington State Criminal Justice Training Commission in police dog handling. B. Interference with and Abuse of Police Dogs Prohibited. It is unlawful for any person to: 1 Wilfully or maliciously interfere with, obstruct, torture, beat, kick, strike, mutilate, disable, shoot, poison, kill or in any other way abuse or harass any police dog; 2. Harass a police dog while such police dog is confined in its quarters, an automobile, kennel, fenced area, training area, or while it is under the control of a dog handler; 3. Wilfully or maliciously interfere with a police dog or dog handler while such police dog or dog handler is engaged in lawful police activities. C. Reimbursement of Costs to City Any person who kills or permanently disables a police dog as a result of any unlawful act set forth in subsection B of this section shall be liable for and shall pay to the general fund of the city the value of the police dog at such time the incident occurred, which shall include costs incurred in the training, care, feeding, and purchase cost of such police dog. D Exemptions from Animal Control Code. 1 All police dogs and all dogs being trained as police dogs shall be exempt from all provisions of the King County Code, as adopted by the ciry, relating to animal control, with the exception of the portion thereof pertaining to rabies control. Follow-up procedures prescribed by the King County humane society or the Seattle-King County health department will apply 2. All police dogs and all dogs being trained as police dogs shall be exempt from all licensing fees set forth by the King County Code relating to animal control and the ordinances of the city, but such dogs shall be registered with those agencies. E. Penalty In addition to the penalties set forth in subsection C of this section, any violation of this section is a misdemeanor punishable in accordance with ACC 1.24.010. (Ord. 5683 § 18, 2002; Ord. 4171 §§ 1 — 5, 1986.) Ordinance No. 6424 November 14, 2012 Page 33 of 33