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HomeMy WebLinkAboutord2002-052ur"iTnnn.r rnnNTY c0u7VCn. AGENDA BILL NO. 2002 - 285 CLEARANCES Date Date Received in Council Office Agenda Date Assigned io Orlg. Dept.'. County Council F7I23I2002 7130?002 Introduction 8 �3 Division Head: Dept Heatl: Prosecutor: Budget. Executive: SUBJECT: Ordinance amending WCC 6.04, Animal Control ATTACHMENTS SUMMARY STATEMENT _ Related County Contract k: Should the Clerk schedule a hcannV(Y/N) Requested Dam. RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN 2002 -285 ]/30/2002: Introduced 8/1312002: Adopted ] -0, Ord. #2002 -052 Related File Numbers: Ordinance or Resolution Number (this item only): oRb - 2002 - 052 2 3 4 5 6 7 8 9 ]0 n 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 i 30 31 {d 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 SPONSORED BY: Consent PROPOSED BY: Council Clerk INTRODUCTION DATE: July 30 2002 ORDINANCE NO. 2002 -052 AMENDING WHATCOM COUNTY CODE SECTION 6.04, ANIMAL CONTROL WHEREAS, on April 7, 1998, the Whatcom County Council adopted Ordinance 98 -022, clarifying and updating certain chapters of Whatcom County Code 6.04, Animal Control; and WHEREAS, it has been brought to the Council's attention that two additional amendments are necessary to further clarify the rules and regulations pertaining to animal control. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Sections 6.04.020 and 6.04.090(A) of the Whatcom County Code are hereby amended as indicated in Exhibit A to this ordinance. ADOPTED THIS 13 DAY OF August , 2002 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON -Dana Brown- Davis, CI O k of the Council L. Ward Nelson, Co ncil Chair APPROVED AS TO FORM: 1)1 "'I- Deputy 'Prosecuting Attorney APPROVED J(, DENIED ( ) �� P�ge Kremen, County Executive EXHIBIT A 6.04.020 Definitions. A. "Adult dog" means any dog, male or female, seven months of age or older. B. "Allow" means to permit by neglecting to restrain or prevent. C. "Animal" shall have its customary common meaning and shall include dogs where applicable. D. "Animal control authority department" means the agency or department authorized by action of the county council to provide animal housing and control services for the unincorporated areas of Whatcom County and whose employees are deputized by the Whatcom County sheriff for the purpose of enforcing this title and laws of the state of Washington as they pertain to animal control and welfare. E. "Animal shelter" means a facility used to care for homeless, stray or unwanted animals by a governmental entity or authorized animal welfare society, and may include more than one location. F. "Animal sanctuary" means a housing and living facility for non - domesticated animals to live their lives free from abuse and neglect. The facility serves as an alternate to euthanasia and provides a secure home where rescued animals can live with dignity and proper care. G. "At large" means to be off the premises of the owner and not under the control of either the owner or a person authorized by the owner. H. "Dangerous dog" means any dog that, according to the records of the appropriate authority, (1) has inflicted severe injury on a human being without provocation on public or private property, (2) has killed a domestic animal without provocation while off the owner's property, or (3) has been previously found to be potentially dangerous, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals. I. "Director" means the head administrative official of the animal control authority or department that has been authorized by the Whatcom County Council. J. "Dog" means any member, male or female, of the family canis familiaris. K. "Exotic animal" means any animal not native to or usually found as domestic pets in the United States, including but not limited to lions, tigers, bears, gorillas, chimpanzees, lynx, cougars, jaguars, venomous snakes, and includes "wild animals" such as but not limited to wolves, raccoons, skunks, foxes, coyotes, and hybrid wolves and coyotes. L. "Good animal husbandry" includes, but is not limited to the dehorning of cattle and other horn bearing livestock, and castration or neutering of any animal, according to accepted practices of veterinary medicine or normally accepted animal husbandry. M. "Harboring" or keeping an animal means providing food and care for the animal on one's premises. An occupant of any premises will be presumed to be harboring or keeping an animal within the meaning of this chapter when an animal remains on the premises or regularly returns to the premises for food and care for a period of 14 days. N. "Livestock" means horses, cattle, sheep, goats, swine, donkeys, mules and domestic fowl and rabbits. O. "Owner" means any person, firm, corporation, organization or department possessing, harboring, keeping, having any interest in, or having control or custody of an animal. P. "Pet shop" is any establishment or premises maintained for the purchase, sale or exchange of pets of any type. Q. "Potentially dangerous dog" means any dog that when unprovoked: (1) inflicts bites on a human or domestic animal either on public or private property, or (2) 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, to cause injury, or otherwise to threaten the safety of humans or domestic animals. R. "Psittacine bird" includes all birds commonly known as parrots, macaws, cockatoos, lovebirds, parakeets and all other birds of the order psittaciformes. S. "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. T. "Stray animal" means any unidentified dog, cat or other animal, whose owner is unknown or who has no owner, is declared to be a nuisance, and any such stray may be seized and impounded. For the purpose of this section, stray dog or stray animal means any dog, cat or other animal appearing or remaining in a neighborhood or any public place without an apparent home. U. "Under control" means that the owner, by means of a leash, restrains the dog to the owner's immediate proximity, preventing the dog from trespassing upon property or annoying or chasing other persons, animals, or vehicles of any sort. V. "Vicious animal" includes any whose temperament or habits create danger of injury to persons or other animals or create a reasonable apprehension of injury to persons or other animals. W. "Wild animal" means an animal living in its natural state and native to the United States, but not normally domesticated, raised or bred by man. (Ord. 90 -82 (part); Ord. 90 -53 (part)). 6.04.090 Dangerous and potentially dangerous dogs - Declaration. A. The animal control authority may find and declare a dog dangerous or potentially dangerous if there is probable cause to believe that the animal falls within the definition set forth in Section 6.04.020 (G) and (P) (Q), respectively. The finding will be based on: 1. The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of dangerous or potentially dangerous under Section 6.04.020G and P; or 2. Dog bite reports filed with the animal control officer required by the city or county ordinance or state law; or 3. Actions of the dog witnessed by any animal control officer or other law enforcement officer; or 4. Other substantial evidence which may include the previous history of the dog. B. The declaration of dangerous or potentially dangerous dog shall be in writing, and shall be served by the animal control authority on the owner or keeper by one of the following methods: 1. Certified mail to the owner or keeper's last known address; or 2. Personally; or 3. If the owner or keeper cannot be located by one of the first two methods after reasonable attempts, by publication in a newspaper of general circulation in the area of the incident. C. The declaration shall state at least the following information: 1. A description of the animal; 2. The name and address of the owner or keeper of the animal; 3. The last known whereabouts of the animal if it is not in the custody of the owner or keeper; 4. The facts upon which the declaration of dangerous or potentially dangerous dog is based; 5. Notice of the owner's or keeper's right to a hearing to contest the declaration, if the request is made within five days; 6. The restrictions placed on the animal as a result of the declaration of dangerous or potentially dangerous dog; 7. The penalties for violation of the restrictions. A complete copy of the applicable laws shall be included with each declaration not served by publication. (Ord. 90 -53 (part)).