HomeMy WebLinkAboutord2019-017strike Repealed by ord2019-027Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
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Agenda Bill Master Report
File Number: AB2019-027
File ID: AB2019-027 Version: 1 Status: Adopted
File Created: 01/02/2019 Entered by: THelms@co.whatcom.wa.us
Department: County Executive's File Type: Ordinance
Office
First Assigned to: Council
Agenda Date: 02/26/2019 Next Mtg. Date: 02/26/2019 Hearing Date: 02/26/2019
TITLE FOR AGENDA ITEM:
Ordinance amending Whatcom County Code 6.04 Animal Control, Chapter 6.04.020 Definitions and
6.04.031 Administration and Enforcement
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Ordinance amending Whatcom County Code 6.04 Animal Control, Chapter 6.04.020 Definitions and
6.04.031 Administration and Enforcement
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
02/12/2019 Council INTRODUCED FOR PUBLIC Council
HEARING
02/26/2019 Council ADOPTED
Attachments: Memo WCC 6.04, Ordinance to amend WCC 6.04, WCC defintions 6.04.020 redline, WCC
defintions 6.04,020 clean, Animal Control WCC code 6.04.031 redline, Animal Control WCC code.
6.04.031 clean, Hearing Notice 2.26 .pdf
Final Action: 02/26/2019
*Returned unsigned by the Executive on 2/28/2019 Enactment Date: 02/26/2019
Enactment #: ORD 2019-017
Whatcom County Page 1 Printed on 212712019
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SPONSORED BY:
PROPOSED BY: County Executive
INTRODUCTION DATE: 2/12/2019
ORDINANCE NO. 2019- M7
AMENDING WHATCOM COUNTY CODE
SECTION 6.04, ANIMAL CONTROL
WHEREAS, Section 6.04 of the Whatcom County Code provides regulations within the
unincorporated areas of Whatcom County and specific controls within designated urban areas of
Whatcom County to control animal conduct; and
WHEREAS, Section 6.04.060 of the Whatcom County Code does not provide legal
recourse to residents that have at large domestic animals trespassing upon their property outside
of dog control zones and does not provide the animal control agency the ability to impound such
animals; and
WHEREAS, in order to protect residents and their property from trespassing domestic
animals and to permit the animal control agency to impound said domestic animals, Section
6.04.060 needs to be amended; and
WHEREAS, in order to provide a more democratic process for animal owners to request
a hearing to contest a declaration of dangerous or potentially dangerous dog, Section 6.04.100
should be repealed and Section 6.04.232 "Contested Hearing" should be added to the Whatcom
County Code to reflect that these contested hearings will be heard by the District Court of
Whatcom County.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Section
6.04.060 of the Whatcom County Code be amended as indicated in Exhibit A to this ordinance;
that Section 6.04.100 of the Whatcom County Code be repealed as indicated in Exhibit B to this
ordinance; and that Section 6.04.232 be added to the Whatcom County Code as indicated in
Exhibit C to this ordinance.
ADOPTFDRTHIS 26th DAY OF February 2019.
o`y✓,�y
A�Zo
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Daria crn fiv:e,Cle Brovrk tithe Council
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APPROVED AS T.O`FORM
Deputy Prosecuting Attorney
WHATCOM COUNTY COUNCIL
WHACOM/C�)UNTY, WASHINGTON
Courf6il Chair
APPROVED( ) DENIED( )
Returned unsigned by the Executive on 2/28/2019
Jack Louws, County Executive
EXHIBIT A
6.04.020 Definitions.Share
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 age-ney or dep rtment a County department
or agency, or a humane society or other animal care and control agency authorized -designated by
action of the county council, tothat provides animal housing care, are, boon -- and control services
for the unincorporated areas of Whatcom County, and whose employees are either deputized by
the Whatcom County sheriff or are otherwise *1.� � "�� 4�,0 �x'�. --leani !'ou ty sheriff
authorized bursuant to this title and RCW 16.52 fofflfie pwmose ^-r ^r1 feing to enforce -this title
and laws of the state of Washington as they pertain to animal control and welfare-
E. "Animal control officer" means any individual employed, contracted, or appointed pursuant to
RCW 16.52.025 by an animal control authority or humane society, or deputized by the Whatcom
County sheriff, to aid in the enforcement of ordinances or laws regulating the care and control of
animals_
EF.. "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.
FG.. "Animal sanctuary" means a housing and living facility for nondomesticated 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.
GH.. "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.
Hl.- "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.
1J. "Director" means the head administrative official of the animal control authority, the humane
society, or the department that has been authorized by the Whatcom County council.
J:K "Dog" means any member, male or female, of the family Canis familiaris.
KL. "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.
LM. "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.
MN. "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.
NO. "Livestock" means horses, cattle, sheep, goats, swine, donkeys, mules and domestic fowl
and rabbits.
OP. "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-Q. "Pet shop" is any establishment or premises maintained for the purchase, sale or exchange of
pets of any type.
QR. "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.
RS. "Psittacine bird" includes all birds commonly known as parrots, macaws, cockatoos,
lovebirds, parakeets and all other birds of the order Psittaciformes.
ST. "Severe injury" means any physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
4�U "Stray animal" means any unidentified dog, cat or other animal whose owner is unknown or
who has no owner. The stray animal 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.
UV. "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.
VW. "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.
WX. "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. 2002-052; Ord. 98-022; Ord. 90-82
(part); Ord. 90-53 (part)).
6.04.031 Administration and enforcement.
A. Sheriff -A humane society or other animal control authority as defined under RCW 16._52 and
that is desi nated by the County Council and the County Executive
enm
Aep—,zell agent (the animal. eo.-.+ 1 designated by +,'.-.e eounty eounet.
n *h „t uti�r z T'h h ...�ff or �?eptA—A �?b::ee shall be responsible for
s-� a
administration and enforcement of this chapter,-as-teto include the following:
1. Operate or cause to be operated an animal shelter;
2. If the designee deems deeme it necessary by the avn; „ge, select, train, hire, and retain a
qualified animal control officer or officers hall -to enforce the provisions of this chapter;
3. Investigate complaints pertaining to animal misconduct occurring in the unincorporated areas.
4. Administer animal licensing obligations provided for in this chapter, to include: the issuance
and re -issuance of licenses; the collection of licensing fees, taxes, and penalties; and the
enforcement of licensing requirements.
I
B. In the absence of a designated humane society or other animal control authority pursuant to
Section A, the Whatcom County Sheriff's Office shall be responsible for the
administration and enforcement of this chapter. JOrd. 98-022; Ord. 90-82 (part)).