HomeMy WebLinkAbout6457 ORDINANCE NO. 6 4 5 7
AN ORDINANCE OF THE CITY COUNCIL OF THE
CtTY OF AUBURN, WASHINGTON, AMENDING
CHAPTERS 6.01 AND 6.04 OF THE AUBURN CITY
CODE ALL RELATING TO ANIMAL CONTROL AND
LICENSING
WHEREAS, the City enacted Ordinance 6424 on November 19, 2012,
adopting different provisions pertaining to animal control; and,
WHEREAS, Section 3 of that Ordinance; adding a new sec4ion 6.04.070
to the Aubum City Code related to animal licenses, erroneously contained
language related to license fees that did no4 reflect the Council's intent, as that
intenYwas reflected in Council Committee discussions; and,
WHEREAS, the City Council wishes to correct this error by amending
Ordinance 6424;and,
WHEREAS, Section 246-100-197 of the Washington Administrative Code
("WAC") requires all dogs, cats, and ferrets to be vaccinated against. rabies, and
WAC 246-100-070 requires local jurisdictions to enforce this requirement; and,
WHEREAS, additional technical corrections need to be made to the table
of penalties in Section 6.01.201.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to Citv Code. That section 6.04.070 of
the Auburn City Code be and the same hereby is amended to read as follows:
6.04.070 Animallicenses.
A. Animal licenses shall be issued by the City and/or 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 resolution of the City Council. They
Ordinance No. 6457
February 8, 2013
Page 1 of B
shall be subject to 4he 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
established and may be amended by resolution of the City Council.
D. Animal licenses for dogs and cats shall be valid #�er�-�a�ar�
for a period of one vear from the date on-i�r
which the license is issued and shall be renewed annually, s�}es�-4e-�e
For a license issued by King County Regional Animal Services priorto January 1,
2013, this license shall be considered by the City to be valid through its
expiration date and no City of Auburn 7icense shall be required until after said
expiration date. The Citv shall reco4nize as valid "lifetime" licenses issued by
King Countv Reqional Animal Services arior to Januarv 1, 2013. Existinq lifetime
licenses are not transferable to anv other pet.
, , �
E. Juvenile licenses may be obtained in lieu of an unaltered animal
license for animals from eight weeksto 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 aY 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 ofi at
Ieast 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.
Ordinance No. 6457
February 8, 2013
Page 2 of S
7. Medically disabled as certified by a physician, psychiatrist,
psychologist, physician's assistarrt, advanced registered nurse practitioner or
audiologist, licensed in the State of Washington.
Service animals shall be licensed but no license fee shall be required
Section 2. Amendment to Citv Code. That section 6.04.010 of
theAubum City Code be and the same hereby is amended to read as follows:
6.04.010 License Required.
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 harness which
is worn by the dog or cat or having been lavirfully implanted with a microchip. Any
dog or cat which is off the premises of its owner must have a current license,
regaMless 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. Add'Rionally, such
seizure and impoundment will not preclude the issuance of a criminal complaint.
Proof of rabies vaccination is required as a condition to obtaininq a license.
Section 3. Amendment to Citv Code. That a new section, 6.04.015,
"Rabies Vaccination Required" of the Aubum City Code be and the same hereby
is adopted to read asfollows:
6.04.015 Rabies Vaccination Required.
All dogs, cats, and ferrets over the age of eight (8) weeks shall be vaccinated for
rabies. Provided, that this requiremerrt may waived upon cert�cation from a
licensed veterinarian that the animal, for medical reasons, should not be
vaccinated for rabies.
Ordinance No. 6457
February 8, 2013
Page 3 of 8
Section 4. Amendment to Citv Code. That section 6.04.020 of
the Auburn City Code be and the same hereby is amended to read as follows:
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 o�cer or police officer, display the
animal's license tag and oroof of rabies vaccination, except that a dog or
cat properly impianted 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.
Section 5. Amendment to Citv Code. That section 6.01.210 of
the Auburn City Code be and the same hereby is amended to read as follows:
6.01.210 Penalties for violation
a. Unless specifically designated in this T�le as a gross misdemeanor or
misdemeanor or is specified to be errforced pursuant to other law, including, but
not limited to, other chapters or titles of this Code, any violation ofthis Title shall
constitute a Glass 1 infraction, with a penalty not to exceed $250, not including
statutory assessments. Such penalty is in addition to any other remedies or
penalties spec�cally provided 6y law. For each act herein prohibited of a
continuing nature, each day shall be considered a separate offense. For all
Ordinance No. 6457
February 8, 2013
Page 4 of S
infractions with graduated penaRies for subsequent offenses, the offenses are
measured on a "rolling" basis; i.e., within the most recent 12 months.
b. Unless specified otherVvise in the Aubum City Code, the penatties for
violation of this Tdle are:
Code Provision Violation Penalty
6.01.060 Irrterference with impounding Maximum $5,000.00, 364
an animal da 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 (aiiopting Maz. $5,000.00, 364 days
RCW 16.52 GM
6.01.1b0 Crimes related to Animals Mandatory $500.00 fine
(adopting RCW 9.08) (GM)
6.01.160 IMerfering with dog 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 GM
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 1 offense $50.00
2"d offense $100.00
3ro offense $200.00
4�" and subsequent offense
$250.00 I '
6.02.020 Failure to confine dog or cat in 18 offense $50.00
heat 2nd 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
2ntl offense $100.00
3b offense $200.00
4�' and subsequent offense
$250.00 I
6.02.040 Do off-leash 1 offense $50.00
' For all infractions,with graduated penalties, the offenses are measured on a "rolling° basis; i.e.,
within the most recent 12 months.
Ordinance No. 6457
Fe6ruary 8, 2013
Page 5 of 8
Code Provision Violation Penalty
2 offense $100.00
3'" offense $200.00
4'" and subsequent offense
$250.00 I
6.02.050 Dog chasing vehicle on public 1° offense $50.00
road 2nd offense $1U0.00
3'" offense $200.00
4"' and subsequent offense
$250.00 I
6.02.080 Dog jumping or threatening 1$ offense $50.00
pedesfian 2nd offense $100.00
3rd offense $20U.00
4�" and subsequent offense
$250.00 I
I 6.02.090 Animal injuring human, ' , • ,
domestic animal, or livestock days�Al4)
250.00 GM
6.02.100 Directing dog to attack or Maximum $5,000.00, 364
harass da GM
6.02.110 Directing dog to attack or Maximum $5,000.00, 364
harass public officer days
Minimum of$500.00, 5
da in 'ail GM
6.02.12U Use of d in ill al activ' $500.00 GM
6.02.130 Animal injuring private and if value of damage to the
public property property is lessthan $750,
the penalty shall be up to
$250.00 (I)
If value of the damage to
the property is egual to or
greater than $750, 4he
Maximum penalry 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
2 Note: This is also a violation of 8.28.010(C). However, the penalties for that are civil fines that
must be imposad as part of code enforcsment.
Ordinance No. 6457
February 8, 2013
Page 6 of 8
Code Provision Violation Penalty
6.04.010 Failure to license do or cat $50.00 t
6.04.020(A) Failure to displayiicense 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 �olation of maximum number $50.00 (I)
of do s/cats3
6.04.060 Sale or gift of unalte�ed pet in $50.00 (I)
ublic
6.04.090 Sale or transfer of unlicensed $50.00 (I)
et
6.04.130 Insufficient check/stop payment $50.00 (I) i
for check used to purchase
license
6.04.015 Failure to caet rabies 50.00 I
vaccination
6.04.170(A) Transfer of puppie"s ofdog 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
Section 6. Imalementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
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 invaliditjr 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.
'Note: This is also a violation of ACC 18.31.230, and may be processed by Code Enforcement
Ordinance No. 6457
February 8, 2013
Page 7 of 8
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: APR O 1 2013
PASSED: APR 01 2013
APPROVED: APR 012013
CITY OF AUBURN
a--•� E B. LEWIS
MAYOR
ATTEST:
�� ��Q.�s-�/
Danielle E. Daskam, City Clerk
APPROVED TO FORM:
D niel : Hei ; City tto - e
Published: `f �ij.�%�-'� `�'ei�' ��°J
Ordinance No. 6457
February 8, 2013
Page S of 8