HomeMy WebLinkAboutord1990-053t
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 90 -186
% CLEARANCES: Initial Dated Date Received in Council Office: A enda Date: Assi ned To:
Originator- Humane Soc. /COU CIL 6/5/90 Council /Intro
Division Head- 6/26/90 PS/Council/Hearing
SUBJECT.•
Ordinance deleting section6.04 of
control regulations
ATTACHMENTS:
Ordinance
Summary Sheet from Humane Society
Whatcom County Code, replacing it with new animal
Public Hearing Needed? Yes /n/ No //
SUMMARY STATEMENT.•
See summary sheet from Humane Society.
'this ordinance has been reviewed by the Sheriff, Prosecutor's Office, and has been the
topic of two public meetings May 29 and 31. Warner is the sponsor. Because it imposes
fees and penalties, and exercises the Council's police powers, a hearing is needed.
RECOMMENDED ACTION.•
6/5: Unless directed otherwise, Council staff will schedule the ordinance for hearing on
June 26.
COMMITTEE ACTION (including dates):
COUNCIL ACTION (including dates):
6/5:
6/24: Adopted 7 -0
Related File Numbers: Ordinance or Resolution Number. • 0 90 -53
animal.ora INTRODUCED BY: Warner /Jackson
1 AMENDED 6/26/90 PROPOSED BY: Humane Society
2 DATE: 6 -5 -90
3 ORDINANCE NO. 90 -53
4 DELETING SECTION 6.04 OF WHATCOM COUNTY CODE,
5 REPLACING IT WITH NEW ANIMAL CONTROL REGULATIONS
6 WHEREAS, Whatcom County finds that the health, safety and general welfare of
7 the public requires that certain animal controls be established within the unincorporated
8 areas of Whatcom County and that certain specific rules, regulations and controls
9 pertaining to animals be established in the unincorporated areas of Whatcom County; and
10 WHEREAS, attacks and threatening attacks by dogs have become an increasing
11 problem; and
12 WHEREAS, the State Legislature has passed a new statute RCW 16.08 relating
13 to dangerous and potentially dangerous dogs and imposing certain requirements on local
14 jurisdictions; and
15 WHEREAS, a very small percentage of stray county dogs received by the animal
16 control authority are identified in any way, and
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WHEREAS, the complaints of dogs running loose creating nuisance problems and
damage have increased significantly, and
WHEREAS, the cost of enforcing the County's animal control ordinances is
increasing, and.
WHEREAS, Chapter 16.08 of the Revised Code of Washington empowers
Whatcom County to establish a dog control zone and to require licenses for dogs; and
WHEREAS, the County Council deems it necessary to the health, safety and
general welfare of the public to adopt changes to Whatcom County Code 6.04.
NOW, THEREFORE, BE IT ORDAINED BY THE WHATCOM COUNTY
Animal.Ord, 6/18/90, Page 1
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COUNCIL that the existing text of Section 6.04, Whatcom County Code, shall be deleted
and replaced with the text of Exhibit A, which is a new chapter 6.04.
ADOPTED THIS .e-W day of 1990.
ATTEST:
Ramona Reeves, Council Clerk
APPROVED AS TO FORM:
Deputy Prosecuting Attorney
WHATCOM COLWIFY COUNCIL
3WATCOM C NTYIWASHINGTON
Ronald G. Kap`ey,/Council C-fair
(✓� APPROVED () VETOED
Shirley Van Zinten, E5Wcutive
17a`e,: 27 -90
Animal.Ord, 6/18/90, Page 2
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Exhibit A to Whatcom County Ordinance No. 90 -53
Chapter 6.04
ANIMAL CONTROL
Sections:
6.04.010 Purpose.
6.04.020 Definitions.
6.04.030 Dog control zone established.
6.04.040 Applicability.
6.04.050 Dog licensing.
6.04.060 Nuisances - Infractions.
6.04.070 Exotic and /or wild animal - permit required.
6.04.080 Crimes - Misdemeanors.
6.04.090 Dangerous and Potentially Dangerous Dogs - Declaration.
6.04.100 Dangerous or Potentially Dangerous Dog Declaration -
Appeal.
6.04.110 Potentially Dangerous Dogs - Requirements.
6.04.120 Dangerous dogs - Requirements.
6.04.130 Hearing on Disposition of Dangerous and Potentially
Dangerous Dog.
6.04.140 Control of Rabid or Potentially Rabid Animals.
6.04.150 Impound, Redemption and Disposition of Animals.
6.04.160 Impounded Animals - Fees for.
6.04.170 Disposition of Animals.
6.04.180 Disposal.
6.04.190 Trapping Destructive or Nuisance Animals.
6.04.200 Pickup and Disposition Fees.
6.04.210 Pet Shop Rules and Regulations.
6.04.220 Severability.
6.04.230 Law Enforcement Dogs - Exemption.
6.04.240 Repealer.
6.04.010 Purpose. The purpose of this chapter is to provide
regulations within the unincorporated areas of Whatcom County and
specific controls within designated urban areas of Whatcom County
to control animal conduct. Nothing in this chapter shall be
intended nor construed to create any liability on the part of the
County, its officers, employees, agents or contractors. It is not
the purpose nor intent of this chapter to create on the part of
County agents any special duties to or relationships with specific
individuals. This chapter has been enacted for the welfare of the
public as a whole.
Animal.Ord, 6/18/90, Page 3
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 any employee
of the animal control department that is 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" 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. "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.
G. "Dangerous Dog" means any dog that, according to the
records of the appropriate authority, (a). has inflicted severe
injury on a human being without provocation on public or private
property, (b) has killed a domestic animal without provocation
while off the owner's property, or (c) 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.
H. "Director" means the head administrative official of the
Animal Control Authority or Department, that has been authorized
by the Whatcom County Council.
I. "Dog" means any member, male or female, of the family
canis familiaris or any dog appearing animal that is kept as a
domestic pet.
J. "Exotic Animal" means any animal not native to or .
usually found as domestic pets in the United States, including but
Animal.Ord, 6/18/90, Page 4
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not limited to lions, tigers, bears, gorillas, chimpanzees, lynx,
cougars, mountain lions, jaguars, venomous snakes, and includes
"wild animals" such as but not limited to wolves, raccoons, skunks,
foxes, and coyotes.
K. "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.
L. "Harboring" any occupant of any premises on which an
animal remains or to which it customarily returns daily for food
and care for a period of 14 days is presumed to be harboring or
keeping the animal within the meaning of this chapter.
M. "Livestock" means horses, cattle, sheep, goats, swine,
donkeys, mules and domestic fowl and rabbits.
N. "Owner" means any person, firm, corporation, organization
or department possessing, harboring, keeping, having any interest
in, or having control or custody of an animal.
O. "Pet Shop" is any establishment or premises maintained
for the purchase, sale'or exchange of pets of any type.
P. "Potentially Dangerous Dog" means any dog that when
unprovoked: (a) inflicts bites on a human or domestic animal
either on public or private property, or (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,
to cause injury, or to cause injury or otherwise to threaten the
safety of humans or domestic animals.
Q. "Psittacine Bird" includes all birds commonly known as
parrots, macaws, cockatoos, lovebirds, parakeets and all other
birds of the order psittaciformes.
R. "Severe injury" means any physical injury that results
in broken bones or disfiguring lacerations requiring multiple
Animal.Ord, 6/18/90, Page 5
1 sutures or cosmetic surgery.
2 S. "Stray animal" any unidentified dog, cat or other animal,
3 whose owner is unknown or who has no owner, is declared to be a
4 nuisance, and any such stray may be seized and impounded. For the
5 purpose of this section, stray dog or stray animal means any dog,
6 cat or other animal appearing or remaining in a.neighborhood or any
7 public place without an apparent home.
8 T. "Under control" means that the owner, by means of a
9 leash, restrains the dog to the owner's immediate proximity,
10 preventing the dog from trespassing upon property or annoying or
11 chasing other persons, animals, or vehicles of any sort.
12 U. "Vicious animal" includes any whose temperament or habits
13 create danger of injury to persons or other animals or create a
14 reasonable apprehension of injury to persons or other animals.
15 V. "Wild animal" means an animal living in its natural state
16 and native to the United States, and not normally domesticated,
17 raised or bred by man.
18 6.04.030 Dog control zone established. All of the unincorporated
19 areas of Whatcom County are hereby declared to be dog control zones
20 except areas designated R -5, R -10, and Ag. Within these exempt
21 areas, residents may petition the Council for areas. to be
22 designated dog control zones. Within these exempt areas, all other
23 provisions of this chapter apply, except the under - control
24 provisions.
25 6.04.040 Applicability.
26 A. Dogs off premises to be under control: It shall be
27 unlawful for the owner or keeper of any dog to cause, permit or
28 allow his /her dog to run, stray or otherwise to be away from the
29 premises of the owner or keeper within a dog control zone and to
30 be on public property or the private property of another without
31 their permission, unless such dog be under control by means of a
32 leash.
Animal.Ord, 6/18/90, Page 6
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B. Exceptions: The under - control section shall not apply
to dogs while engaged in one of the following activities directly
supervised by the owner or keeper so as to keep it from being a
nuisance or danger to people or domestic animals:
1. Sanctioned search and rescue missions operated by
or through authority of the Sheriff's Office.
2. Lawful herding of farm animals.
3. Lawful animal competition sanctioned by a nationally.
recognized organization or a local chapter thereof.
4. Lawful hunting activities.
5. Lawful training in preparation for such herding,
hunting, or competition activities.
6. Dog obedience training with the owner or keeper in
attendance.
6.04.050 Dog licensing. It is unlawful to keep or harbor a dog
over seven months of age anywhere in the unincorporated areas of
Whatcom County unless a dog license has been procured for the
animal from the County or the County's authorized agent or agency.
Dogs at large anywhere in the unincorporated areas of Whatcom
County without a license are deemed nuisances and may be impounded.
Any person harboring, keeping or allowing an unlicensed dog to.be
at large when such dog should be licensed is guilty of an
infraction.
A. Owners, keepers, or businesses may obtain a kennel permit
in lieu of individual licenses. Those individuals or businesses
with such a permit are exempt from this section, provided that
other stipulations are met as defined elsewhere in this chapter.
B. Licenses may be obtained and renewed from the animal
control authority and assistants, or from any licensed agency. The
Council may, by- ordinance, set the fee for such service..
C. All new dog licenses shall be good for one year from date
of purchase. Renewal licenses shall be due on the last day of the
twelfth month following the date of purchase of the previous
Animal.Ord, 6/18/90, Page 7
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license.
D. Any person failing to renew a license within 30 days of
the date the license is first required or expired, shall-be
assessed a $5.00 late fee. This section applies to first time
licensed dogs.
E. The annual dog license fee for each unsterilized adult
male or female dog over the age of seven months is $16.00. The
annual license fee for sterilized dogs, male or female is $8.00.
F. Any person may choose to pay a single annual multiple -
dog licensing fee of $50.00 in lieu of licensing individual dogs
within their care or ownership. Individual license tags for
multiple -dog licensing shall be issued at no additional charge for
each dog for the $50.00 base rate.
6.04.060 Nuisances - infractions. Violations of any of the
following requirements or standards constitutes a nuisance and
shall be an infraction.
A. Except in exempt areas, the owner or keeper of any dog
shall not allow it to be at large and not under control.
B. The owner or keeper of any dog must license and renew
the license for any dog in the manner outlined in the licensing
section.
C. No person, other than the owner or keeper or otherwise
authorized person shall remove the license tag from an animal
required to be licensed.
D. All female dogs, while in season, shall be confined in a
clean, dry place not accessible to male dogs and kept there during
that entire period, except for the purpose of planned breeding and
with knowledge of.the owner of the male dog.
E. No owner or keeper of any dog shall allow it to bark
continuously for more than a reasonable amount of time.
F. No animal, whether confined, tethered or loose, shall be
allowed on any public property including school grounds and parks
without the prior consent of the applicable agency. Exemption:
Animal.Ord, 6/18/90, Page 8
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Dogs trained to aid the handicapped .
G. No animal may enter any place where food is prepared,
served, stored or sold to the public. Exemption: Dogs trained
to aid the handicapped.
H. No person, other than the owner, keeper or other
authorized person is permitted to release the_ animal from
confinement.
I. No animal shall chase, run after, or jump at vehicles,
including bicycles, on public roads, highways, sidewalks, or other
public ways.
6.04.070 Exotic and /or wild animal - Permit required.
A. A permit from the animal control authority shall be
required for any person, firm, corporation or business to own or
maintain any wild or exotic animal.
B. A permit to own and maintain any wild or exotic
animal will be issued only if it can be demonstrated that public
safety is not at risk and proper animal enclosures exist to ensure
the public's safety. Facilities and enclosures for wild and /or
exotic animals are subject to inspection at any time upon providing
notice at least. 24 hours in advance of inspection. Failure to
submit to such inspections shall be sufficient grounds for permit
revocation.
C. Any person having said permit revoked for violations
of this chapter shall immediately remove said animals from the
County.
D. Exempt from the permit requirement of this section
are: (1) Circuses and zoos staying within the County for a
limited time of no more than 30 days provided that proper
safeguards are taken to protect the public and the animal control
authority is notified of their arrival, all locations used to keep
the animals, and duration of stay. (2) State Registered Wildlife
Rehabilitation Centers, sanctioned by the Washington State
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Wildlife Department.
E. The annual permit fee to own or maintain any wild
or exotic animal shall be $20.00 for each approved location,
regardless of the number(s) of said wild animals.
F. No person shall be permitted to own, harbor, or
maintain any lion, tiger, bear, gorilla, lynx, cougar, mountain
lion, jaguar or venomous snake.
G. No person shall have, keep or maintain any exotic
or wild animal unless specially permitted.
6.04.080 Crimes - Misdemeanors. The following are misdemeanors:
A. Possessing an exotic and /or wild animal without a permit.
It shall be a misdemeanor for a person to own or maintain any wild
and /or exotic animal without a valid permit from the Animal Control
Authority.
B. Refusal to quarantine. It shall be a misdemeanor for
an owner or keeper to refuse to quarantine or permit the quarantine
of any animal when and as required by State Law and this chapter.
C. Interfering with impounding and other animal control,
duties and enforcement. It is a misdemeanor for any person to
prevent, obstruct or hinder the impoundment of an animal or other
enforcement duties of officers pursuant to this chapter.
D. Damage. It is a misdemeanor for the owner or keeper of
any domesticated animal to allow it to enter upon private or public
property, so as to damage or destroy any real or personal property,
including livestock and other animals of value.
E. Cruelty to animals. The following acts and omissions
constitute cruel treatment to animals; therefore, it shall be a
misdemeanor for any person, firm or corporation to:
1. Willfully or cruelly kill, injure, poison, torture
or torment any animal by any means causing it fright or pain; or
2. Lay out or expose any kind of poison or leave exposed
any poisoned food or drink for man, animal or fowl, or any
substance or fluid whatever, whereon or wherein there is or shall
Animal.Ord, 6/18/90, Page 10
be deposited or mingled any kind of poisonous or deadly substance
or fluid whatever, on any premises, or abet any person in so doing,
unless in accordance with the RCW 16.52.190; or
3. Neglect or fail to provide minimum care to any animal
within his care, custody or control. For the purpose of this
section, "minimum care" means that in each period of.24 hours, food
and water of sufficient quantity and quality will be provided, that
allows for the maintenance of body weight and for an immature
animal, normal growth and to otherwise preserve the health and
well -being of the animal; or
4. Tether, confine or restrain any animal in such a way
as to permit said animal to become frequently entangled in such
tether, or render said animal incapable of consuming food and water
for more than 24 hours; or
5. Abandon or leave any animal on a street, road or
highway or in a public place or on private property; or
6. Confine and leave unattended an animal within or on
a motor vehicle or other closure or structure under conditions
that endanger the health and well being of the animal. Such
conditions include, but are not limited to dangerous temperatures
and lack of food and water; or
7. Intentionally run down or otherwise abuse any animal
with a bicycle or motor vehicle, including motorcycles and
motorbikes; or
8. Intentionally trap any domestic animal with a device
other than a humane live animal trap; or
Any practice of good animal husbandry as defined in 6.04.020 is not
a violation of this section.
29 6.04.090 Dangerous and potentially dangerous dogs - Declaration..
30 A. The animal control authority may find and declare a dog
31 dangerous or potentially dangerous if there is probable cause to
32 believe that the animal falls within the definition set forth in
33 6.04.020 (G) and (P), respectively. The finding will be based on:
Animal.Ord, 6/18/90, Page 11
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 6.04.020 (G) and (P); or
2. Dog bite reports filed with the animal control
officer required by 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
Animal.Ord, 6/18/90, Page 12
1 complete copy of the applicable laws shall be included with each
2 declaration not served by publication.
6.04. 100 Dangerous or potentially dangerous dog declaration -
appeal. Following service of a declaration of dangerous or
potentially dangerous dog, the owner or keeper may, within five
business days of receipt of the declaration, or within five days
of the publication of the declaration pursuant to 6.04.080 (b) (3),
request in writing a hearing before the Director of Animal Control.
A. Such request shall contain:
1. A brief statement that protests the action and
stating reasons it should be reversed or modified; and
2. The names, phone numbers and_ addresses of any
witnesses who will appear on the dog owner's behalf; and
3. Current day phone number where owner, keeper or his
representative can be contacted.
B. A time and place will be named for the hearing within
seven days of receipt of the appeal, with effort to reasonably
accommodate all parties involved. All witnesses will be notified
by phone or letter of the hearing date. If appellant or
appellant's representative fails to appear for the hearing,
excepting verifiable emergency, the original determination stands.
The hearing will take place within 30 days of the Director
receiving the request for hearing, unless all parties agree to a
continuance.
C. At the hearing, the animal control officer will give a
full report of the actions and reasons leading to the declaration.
Any witnesses who were a part of the determination and declaration
shall be present and asked for their testimony. The burden is on
the Animal Control Department to show by a preponderance of the
evidence that the dog is dangerous or potentially dangerous as
defined in 6.04.020 (G) or (P) . The dog owner, keeper or his
representative and any witnesses on behalf of the dog or its owner
will then be asked for their testimony and be given an opportunity
Animal.Ord, 6/18/90, Page 13
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to present any other pertinent evidence.
D. The Director of Animal Control, having heard from both
sides will render either an immediate decision or a decision within
48 hours if new information is presented that may have a bearing
on the decision.
E. The decision will: (1) Uphold the original declaration
and terms imposed; or (2) Reverse the entire decision; or (3)
Uphold the original declaration but modify the terms and
restrictions; or (4) Downgrade a declaration of dangerous to
potentially dangerous with appropriate terms and restrictions.
F. If the decision is reversed, written recommendations
and /or warning concerning the dog's actions may be issued by the
Director which will become a permanent part of the history of the
case.
G. Within seven days of the hearing, the Director shall
prepare a final written decision including his /her findings. and
conclusions. A copy shall immediately be sent to all applicable
parties. Upon receipt of said written decision, the owner may
appeal to the Superior Court by filing written notice thereof
within 30 days. Such appeals shall be governed by the provisions
of the Administrative Procedure. Act (RCW 34.04).
6.04.110 Potentially Dangerous Dogs - Requirements
A. Following a declaration of potentially dangerous dog, it
is unlawful for an owner or keeper to permit it:
1. To be other than securely confined inside a locked
building, kennel, pen or other structure having secure sides,
bottom and top while on the premises of the owner or keeper; and
2. To be away from the premises of the owner or keeper
unless the dog is securely muzzled and leashed, and under the
control of a person at least 15 years of age and physically able
to restrain and control the animal; or
3. To fail to comply with any Court ordered restrictions
on keeping said potentially dangerous dog; or
Animal.Ord, 6/18/90, Page 14
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4. To fail to notify the agency of change of ownership,
custody or residence of the dog within 10 days of such change.
B. Following a declaration of potentially dangerous dog
pursuant to this ordinance, the owner or keeper shall be guilty of
• gross misdemeanor if:
1. Said dog inflicts a bite or bites upon a human or
• domestic animal, unprovoked, either on public or private
property; or
2. Said dog chases or approaches a person upon the
streets,'sidewalks, or other public grounds in a menacing fashion.
or apparent attitude of attack, or causes injury to or otherwise
threatens the safety of humans or animals. This section shall not
preclude immediate criminal prosecution under RCW 16.08.100 (3),
in a situation causing severe injury or death of any human.
C. No violation of the provisions of the above section
may be disposed of by forfeiture of bail without a court
appearance.
6.04.120 Dangerous Dogs -- Requirements.
A. ACW 16.08.070, .080, .090, and .100 are adopted and
incorporated herein by this reference.
B. The .annual registration fee for dangerous dogs shall be
$100.00. This registration fee is in addition to regular
applicable dog license fees.
C. Within 15 days of receipt of an application for
certificate of registration, an animal control officer shall make
an on -site inspection of the applicant's site for keeping the
dangerous dog to ensure that the site is properly enclosed and
posted.
D. Certificate of registration of dangerous dog - issuance.
1. The Whatcom County Animal Control authority shall
issue the certificate of registration if the registration fee is
paid and the application and site inspection show that the
applicant meets the requirements of this section and applicable
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state law. The certificate of registration shall contain its date
of expiration and a statement of the applicable state criminal
penalties for failing to comply.
2: Prior to renewal of a certificate of registration,
the animal control authority shall inspect the premises where the
dangerous dog is kept at a time mutually convenient. The purpose
shall be to ascertain that the site remains in compliance with this
section. Said inspection shall occur within 30 days prior to the
expiration date of the certificate. A renewal of the certificate
of registration shall not be issued without such an inspection.
6.04.130 Hearing on disposition of dangerous and potentially
dangerous dog. If there is reasonable cause to believe a
dangerous dog or a dog which has been declared potentially
dangerous is in violation of any provision of either this ordinance
or RCW 16.08, the animal control officer may request a hearing
before the District Court regarding one or more dangerous or
potentially dangerous dogs. Upon said request:
A. The owner or keeper of the animal (s) shall be served with
notice of a pending hearing before the District Court within 48
hours of the incident or filing of the request for hearing. If the
owner or keeper cannot be located for service within the time
specified, the court shall give written direction to the animal
control officer on how to proceed.
B. Pending hearing under this section, and any appeals to
a court of competent jurisdiction, the animal or animals may be
seized and impounded at the cost of the owner or keeper, as
provided by this chapter.
C. Attendance at a hearing under this section is mandatory.
Failure of the owner or keeper of the animal to appear after being
served with notice is a misdemeanor.
D. Following the hearing, the Court may rule that:
1. There is insufficient evidence of the violation,
whereupon the animal will be released to its owner subject to any
Animal.Ord, 6/18/90, Page 16
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restrictions.imposed upon it previously; or
2. The animal be promptly disposed of by the animal
control officer; or
3. Under special circumstances, and subject to the
restrictions of RCW 16.08, the owner or keeper may be allowed to
permanently remove the animal from the County; provided that
adequate security or assurance against its return is given, and the
court is convinced that the animal will be kept in such a manner
that it is no longer a danger to persons, property or other
animals.
6.04.140 Control of Rabid or Potentially Rabid Animals
A. A domestic animal of a species which may transmit disease
through its bite, which bites and breaks the skin of any person
shall be quarantined for a 10 day period to determine if the animal
is infected with a disease. The place of quarantine shall be
established by the animal control authority, and the animal control
authority may, in its discretion, allow the owner and /or keeper of
the animal to maintain the quarantine.
B. Quarantine procedure:
1. Any animal that has bitten a human and broken the
skin, regardless of provocation or previous inoculation for
diseases, shall be confined for a period of not less than 10 days,
in such a manner that it is segregated from any other animals and
the possibility of coming into contact with other animals and
humans except for the caretaker.
2. If the owner and /or keeper is unable or unwilling
to confine the animal, or if the animal control authority
determines from the prior history of the animal that confinement
is not likely, the animal may be quarantined at the animal shelter
or a veterinarian and /or boarding kennel of the owner's choice,
provided that the costs to board the animal shall be borne by the
owner, if in a location other than the owner's residence.
3. Should the animal during the observation period
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manifest any unusual behavior or develop symptoms of illness or
die, the owner or veterinarian shall immediately notify the animal
control authority or the health department of that condition.
C. In all cases where any animal which has bitten a person
or caused an abrasion or puncture of the skin, is slain by any
person or dies by other means, and a period of 10 days has not
elapsed since the day of the bite, it shall be the duty of any
person slaying such animal or the owner to forthwith deliver intact
the head of such animal to the County Health Officer. The animal
control authority shall be notified in such cases.
D. It shall be the duty of every medical doctor, hospital,
or;other applicable health official to report all dog bites that
break the skin, regardless of provocation factors or previous
inoculations record of the animal. Such report shall be made to
the animal control authority, as promptly as possible so that
quarantine procedures can be instituted in a timely fashion.
6.04.150 Impound, redemption and disposition of animals.
A. Animals may be impounded and taken into the care and
custody of the animal control authority in the following
situations:
1. When a dog is off the premises of its owner or keeper
and not under the control of its owner, keeper or other authorized
person.
2. If the animal is an adult dog and it has no current
license tag.
3. If any animal is on public property or the private
property of another and the caretaker or said private property
owner requests in writing that the animal be removed; provided that
the owner or keeper of the animal(s) cannot be located in a timely
manner or is unknown. Such written request shall state the reason
why removal is requested.
4. When an animal is brought to the animal shelter by
a private citizen who has found the animal.
Animal.Ord, 6/18/90, Page 18
5. When a dog has been declared potentially dangerous
or dangerous pursuant to this chapter and /or state law, and the dog
is again at large, or has otherwise violated the restrictions
placed upon it.
6. When any animal has been subjected to cruel treatment
as defined by RCW 16.52.070 and /or the provisions of this chapter,
provided that removal is necessary for the immediate safety and
well being of the animal.
7. When the animal's owner or keeper is incapable or
unable to continue to care for it because of incarceration, severe
illness, death, house fire or other emergency circumstances and an
agent for the owner cannot be readily located. These animals will
be deemed impounded for safekeeping.
8. When an animal has bitten a person, breaking or
puncturing the skin, and the owner and /or keeper is unable,
incapable or unwilling' to provide the 10 day quarantine
requirements. If such a dog is found at large the owner will be
deemed unable to quarantine and it can be impounded.
B. Forthwith, following impoundment, the animal control
authority shall notify the owner or keeper, if known, of its
impoundment, using whatever reasonable means possible. If the
animal's owner is unknown or cannot be located, the information and
description of the animal shall be available at the animal shelter
during regular business hours.
C. All owners or keepers claiming impounded animals of any
kind shall provide identification and shall sign a statement that
verifies they are the owner, keeper or authorized agent of the
owner. Names, street or road addresses, city and phone numbers
will be required.
30 6.04.160 Impounded Animals; fees for. For every animal impounded
31 pursuant to this chapter, there shall be paid to the animal control
32 authority, by the owner, keeper or their authorized representative
33 claiming such animal, the total of the following fees before the
Animal.Ord, 6/18/90, Page 19
animal is released from impoundment:
A. For dogs:
1. For the first impoundment in any 12 month period,
$25.00.
2. For the second impoundment of same dog in any 12
month period, $35.00; and
3. For the third and subsequent impoundments within
any 12 month period, $50.00.
4. Exception: Fees for second, third and subsequent
impoundment shall apply only to dogs in violation of 6.04.150(A) (1)
and (2) .
B. For animals other than dogs:
1. For any impoundment of cat or other small domestic
pet, $15.00.
2. For any impoundment of livestock such as sheep,
goats, swine, $25.00; and for cattle or horses, $35.00.
C. Impoundment fee can be waived or reduced at the
discretion of the Director of the animal control authority in case
of animals impounded pursuant to subsection 6.04.150(A) (3),(4), or
(7), if it can be determined that the owner did not otherwise
violate the terms of this chapter.
b. A charge for the boarding and care of the animals after
the first 24 hours-will be made which will be:
1. For dogs, cats, other small domestic pets and small
livestock- $5.00 per day.
2. For large livestock - $10.00 per day.
E. In addition, any necessary additional expenses incurred
by the animal control authority to care for the pet shall be
assessed. These may include but are not limited to necessary
veterinary care and special transportation for livestock. Actual
copies of these special bills will be made available to the owner.
F. Charges for boarding and care can be reduced at the
discretion of the Director if special circumstances exist or in the
case of several animals belonging to the same owner, such as a
Animal.Ord, 6/18/90, Page 20
1 litter of pups or. kittens. Provided that such reduction will be
2 allowed the same owner only once in any 12 month period.
3 G. For all dogs impounded and not currently licensed, the
4 current license fee shall be assessed the owner or keeper before
5 the dog is released from impoundment.
6 6.04.170 Disposition of animals.
7 A. Any unlicensed or unidentified domestic animal impounded
8 pursuant to this chapter shall be held for at least 72 hours, not
9 including Sundays or legal holidays.
10 B. For any licensed or otherwise identified domestic animal,
11 the holding period shall be 120 hours, not including Sundays or
12 legal holidays, during which time reasonable attempts will be made
13 to locate and notify the owner or keeper.
14 C. All livestock impounded pursuant to this chapter shall
15 be held for at least 120 hours, not including Sundays or legal
16 holidays. If not claimed by the owner, the brand inspector for
17 Whatcom County shall be notified and disposition. will be at his
�8 discretion as pursuant to RCW 16.57.
19 D. Should any impounded animal be suffering from serious
20 injury, illness or disease that would endanger the other sheltered
21 pets or cause the animal to endure unnecessary pain and suffering
22 if left untreated, or if any impounded animal is feral or wild and
23 thereby humane care and confinement is not possible or poses a
24 threat to caretakers, the animal may be destroyed before the
25 expiration of the required holding period. Such cases must be
26 carefully documented in writing by the animal control authority and
27 be approved by either a licensed veterinarian or by the Director.
28 6.04.180 Disposal.
29 A. Any animal not redeemed by its owner during the
30 prescribed period, may be humanely destroyed by an approved method,
31 or placed for adoption to a new owner, provided that new owner
32 agrees in writing to surgically sterilize any dog or cat within
Animal.Ord, 6/18/90, Page 21
1 one month or upon maturity and to provide proper licensing in the
2 case of a dog.
3 B. The director of the animal control authority shall have
4 the right to deny adoption to any person of any unredeemed animal
5 if it can be determined that placement would not be in the best
6 interest of the animal or the community.
7 C. No live animal shall be used, sold or donated for
8 experimental purposes.
9 6.04.190 Trapping or detaining destructive or nuisance animals.
10 A. Upon the written complaint of any party that any cat or
11 other living creature, other than man is trespassing upon the
12 premises or property of the complaining party. and thereon doing.
13 substantial damage to property, trees, shrubs, lawns or gardens,
14 or creating a substantial nuisance that disturbs the repose of any
15 person and upon the animal control officer finding probable cause
16 exists that the complaint is valid, the animal control officer may
17 humanely trap or detain such cat or animal.or allow the owner of
18 the property to humanely trap or detain such cat or other animal.
19 B. Such trapped animals shall be impounded by the animal
20 control authority and disposed of in accordance with this chapter
21 or in accordance with RCW 77.16.230 if a game animal, provided that
22 the State Game Department will be notified before wild animals are
23 trapped if other than opossum or skunk.
24 6.04.200 Pickup and disposition fees.
25 A. A fee of $50.00 shall be imposed when the owner or keeper
26 of any dog or cat requests and receives disposition service from
27 the County; if more than one pick -up is requested by the owner or
28 keeper in the same service call, the fee for the second or
29 subsequent pick -up shall be $25.00 each. In hardship cases the
30 director may reduce or waive the fee:
31 B. Pickup fees for animals other than dogs and cats will be
Animal.Ord, 6/18/90, Page 22
1 decided by the Director.
2 C. If an animal cannot be released by owner for
3 discretionary disposition by the animal control-authority due to
4 holding requirements such as dogs being quarantined, an additional
5 boarding fee of $5.00 per day will be assessed.
6 6.04.210 Pet Shop Rules and Regulations.
7 6.04.211 Authority.
8 Pursuant to RCW 70.05.060 these rules and regulations are
9 adopted for the purpose of implementing and enforcing WAC 248 -100-
0 440 and -450. WAC 248 -100 -440 Psittacosis and -450 Rabies sections
1 of WAC 248 -100 Communicable and Certain Other Diseases as presently
2 adopted and hereafter amended are hereby adopted by reference.
3 6.04.212 Permits.
4 A. No person shall operate a pet shop unless an annual
5 permit has been issued by the health officer.
6 B. The health officer is authorized to make such inspections
7 as are necessary to determine satisfactory compliance with the
8 provisions of this chapter.
9 C. Upon written notice to a pet shop operator, the health
0 officer may suspend or revoke the permit of a pet shop or take such
1 other action as the health officer may deem necessary whenever the
2 health officer finds the pet shop is not in compliance with these
3 regulations.
4 6.05.213 Pet Shop Operation.
5 A. All psittacine birds except parrots, macaws, and
b cockatoos shall be identified by a coded. closed leg band which
7 shall identify the breeder source and the individual bird.
8 B. Psitticine birds shall not be offered for sale or
9 exhibited unless placed in an enclosure which will effectively
0 protect the public against direct exposure to the birds or dust
1 particles which emanate from the pen or cage in which they are
2 kept.
3 C. Skunks, foxes, and raccoons may not be kept on the
Animal.Ord, 6/18/90, Page 23
1 premises or offered for sale.
2 D. All cages, pens and storage areas shall be kept in a
3 clean and sanitary condition free from insects and rodents.
4 E. Toilet and hand - washing facilities with hot and cold
5 running water, soap and single use or approved sanitary towels or
6 other approved hand drying devices shall be provided for employees.
7 6.04.214 Fees.
8 Permit fees shall be established yearly by the Board of Health
9 and shall be based on the cost of the inspection service.
10 6.04.220 Severabilit
11 If any section, subsection, sentence, clause or phrase of this
12 ordinance or amendment thereto or its application to any person or
13 circumstance, is held invalid, the remainder or application to
14 other persons or circumstances shall not be affected.
15 6.04.230 Law Enforcement Dogs - Exemption
16 The provisions of this chapter shall not apply to any dog kept
17 by any City or by the County for law enforcement purposes.
18 6.04.240 Repealer
19 The former Whatcom County Code 6.04 and all amendments thereto
20 are hereby superceded.
21 (end)
Animal.Ord, 6/18/90, Page 24
<0 1% Bellingham- Whatcom Countv
U
e M e;
HUMANE SOCIETY & S.P.C.A.
•� 3710 Williamson Way
Bellingham, WA 98226
s;,,�e t9oti a (206) 733 -2080 or 384 -3056
PROPOSED COUNTY ANIMAL CONTROL ORDINANCE
REASONS FOR A NEW ORDINANCE
The present County animal control ordinance is outdated. The
population of the unincorporated areas of Whatcom County has risen
dramatically in the past few years and is predicted to continue to
grow. Many housing developments have been created. Dog problems have
risen as the County people population has increased, as demonstrated in
these facts.
Vicious and threatening dog complaints and dog bite reports have
doubled in five years.
Complaints of dogs at large and nuisance calls are up 52% from
1985 to 1989.
Overall complaints are up 34% in five years.
Only 29% of stray County dogs are claimed by their owners, with
less than 5% wearing any kind of identification. In contrast, in
the City of Bellingham with dog licensing in place, 60% were
claimed by their owners.
Animals coming into the shelter from the County is up 16% over 5
years with the most rapid increase occurring in the last year.
SUMMARY OF THE NEW ANIMAL CONTROL REGULATIONS:
Declares that all areas of incorporated Whatcom County, except
those zoned AG (agricultural), R -5 (one house per 5 acres) and R-
10 (one house per 10 acres) would be "under control leash law" dog
control zones. This would affect all populated housing areas of
the county and would also include Point Roberts, Birch Bay and
Lummi Island.
Provides for the annual licensing of all dogs in all of the
unincorporated areas regardless of zoning designation.
Provides for regulations to control potentially dangerous and
dangerous dogs with wording taken from the State dangerous dog
ordinance. NOTE: State law requires that local authorities act
to make the potentially dangerous sections apply locally.
Improves cruelty and neglect to animals sections.
Provides for a longer holding time for licensed and identified
(tagged) animals brought to the shelter versus stray unidentified
ones.
If you have questions call the Animal Shelter at 676 -5024 and ask for
Mary Henry or Tim Lucy. Complete text of this ordinance can be
obtained at the Humane Society animal shelter for the copying fee of
$1.00.
PUBLIC MEETINGS
Public Opportunity to Ask Questions & Offer Input
May 29, 1990 May 31, 1990
7:00 - 9:00 p.m. 7:00 - 9:00 p.m.
Birch Bay Grange Geneva Elementary School
(across from water slides) Cafeteria