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.
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Ordinance No. 6424
November 14, 2012
Page 24 of 33
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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