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Home My WebLink About6529 s ORDINANCE NO. 6 5 2 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 6.01.050, 6.01.070 AND 6.01.100 OF THE AUBURN CITY CODE, RELATING TO ANIMAL CONTROL WHEREAS, the current provisions of the Auburn City Code provide for animal control, including impoundment of animals running at large; and WHEREAS, the city code also provides for spaying and neutering of animals as a condition of release where the animals have been impounded on multiple occasions; and WHEREAS, in connection with the impoundment of animals and the potential spaying or neutering of these impounded animals, it is appropriate that the City take steps to provide reasonable notice to the owners of the consequences that could occur with respect to their animals; and WHEREAS, and it is also appropriate to clarify what opportunities exist for an owner to appeal an order to spay or neuter an impounded animal; and WHEREAS, as a preliminary step to spaying or neutering an impounded animal, it would be valuable for animal control purposes to have the animal microchipped so that, should the animal be subsequently impounded, its identity could be determined with certainty. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows Section 1. AMENDMENT TO CITY CODE. Section 6.01.050 of the Auburn City code be, and the same hereby is, amended: ---------------------------- Ordinance No. 6529 August 26, 2014 Page 1 of 4 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-give written notice to 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 licensed shall constitute actual notice to the owner. If the owner of said animal so impounded is unknown,then the animal owneF of the anonial and cannot be reasonably determined or located, no notice of impound shall be required, and the city and/or the animal shelter shall be entitled to take such action allowed under the city code as if notice were given. There shall be no obligation to determine the owner of such animal if the animal is not wearing a license or other identification or is not microchipped. (Ord. 6424 § 1, 2012.) Section 2. AMENDMENT TO CITY CODE. Section 6.01.070 of the Auburn City code be, and the same hereby is, amended: 6.01.070 Redemption of animals. A. Unless otherwise specifically provided in this title, the owner of any animal impounded under this title n4ay-shall redeem said animal within 72 hours from time of ' notice of impound pursuant to Section 6.01.050 of the City Code 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 and the owner must sign an acknowledgment that he/she is aware of the obligations and responsibilities of animal owners pursuant to Title 6 of the city code 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 72 hours from time of impounding notice of impound pursuant to Section 6.01.050 of the City Code, then the animal shall become the property of the animal shelter, and any person may PUFGhase adopt it wi+hi^ the next 48 hours-by complying with the animal shelter's ptAFshase-adoption provisions. InG ase the event that such animal is not redeemed or adopted within 120 hours after notice of impoundment, it may be humanely euthanized or otherwise disposed of within the discretion of the animal shelter. It is provided, however, that if the animal control officer and/or the animal shelter deem(s) the impounded animal to be dangerous and/or unadoptable, the animal may be humanely euthanized after 72 hours from time of impounding notice of impound pursuant to Section 6.01.050 of the City Code. (Ord. 6424 § 1, 2012.) ---------------------------- Ordinance No. 6529 August 26, 2014 Page 2 of 4 Section 3. AMENDMENT TO CITY CODE. Section 6.01.100 of the Auburn City code be, and the same hereby is, amended: 6.01.100 Mandatory microchip/spay/neuter for impounded dogs and cats - Exception. A. No u^a'�ulterred un-microchipped impounded dog or cat that is-has previously been impounded mere than enGe;,n aR'iwithin the preceding 42-24- month period may be redeemed by any person until the animal is spaye-4 Re teredmicrochipped pursuant to an order of the animal control officer directing the microchipping. The afte microchipping shall be accomplished by the shelter or by any duly licensed veterinarian. In all cases, the veterinarian fees and costs shall be paid at the time of redemption by the animal's owner or person redeeming the animal. B. No unaltered impounded dog or cat that has previously been impounded twice within the preceding 24-month period may be redeemed by any person until the animal is spayed or neutered pursuant to an order of the animal control officer directing the alteration. The alteration shall be accomplished by the shelter or bVany duly licensed veterinarian. In all cases, the veterinarian fees and costs shall be paid at the time of redemption by the animal's owner or person redeeming the animal. C. Exceptions to mandatary microchipping or alteration. The alteration shall not be required upon a showing of proof of alteration from a licensed veterinarian. The microchipping or alteration shall not be required if the owner or other person redeeming the animal provides a written statement from a licensed veterinarian stating that and explaining why the microchip, spay or neuter procedure would be harmful to the animal. D. Appeal of order for microchipping or alteration. If the owner of the animal objects to the order directing microchipping or alteration of the animal, the owner may submit a written appeal of the order within 72 hours of notice of the impound which appeal shall be heard by the police chief or designee. The owner shall at the same time, pay $100.00 as a non-refundable appeal fee, and shall post a cash deposit of $250.00 to cover the additional costs incurred by the city and/or the animal shelter related to the impound, including but not limited to impound charges and costs of microchipping and alteration. It is further provided that regardless of the outcome of the appeal, the owner shall be responsible for the costs of or related to the impound and any resulting microchipping and/or alteration. The decision of the police chief or designee on the appeal shall be final unless the owner seeks injunctive relief from the King County Superior Court. (Ord. 6424 § 1, 2012.) ---------------------------- Ordinance No. 6529 August 26, 2014 Page 3 of 4 Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Severability. 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 6. 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: SEP 2 204 PASSED: SEP 2 2014 APPROVED: SEP 2 209 NA N B KUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Da iea'B. Heid, City A torney PUBLISHED: ---------------------------- Ordinance No. 6529 August 26, 2014 Page 4 of 4