HomeMy WebLinkAboutord2019-024Whatcom County
Agenda Bill Master Report
File Number: AB2019-153
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
File ID: AB2019-153 Version: 1 Status: Adopted
File Created: 02/27/2019 Entered by: THelms@co.whatcom.wa.us
Department: County Executive's File Type: Ordinance
Office
First Assigned to: Council
Agenda Date: 03/26/2019 Next Mtg. Date: 03/26/2019 Hearing Date: 03/26/2019
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:
03/12/2019 Council
03/26/2019 Council
INTRODUCED FOR PUBLIC Council
HEARING
ADOPTED
Attachments: Memo Ord to amend 6.04, Ordinance to amend WCC 6.04, WCC defintions 6.04.020 clean, WCC
defintions 6.04.020 redline, Animal Control WCC code 6.04.031 redline, Animal Control WCC
code. 6.04.031 clean, Hearing notice 3.26.pdf
Final Action: 03/26/2019
Enactment Date: 03/26/2019
Enactment #: ORD 2019-024
Whatcom County Page 1 Printed on 312712019
I PROPOSED BY: County Executive
2 INTRODUCTION DATE: March 12, 2019
3
4
5 ORDINANCE NO. 2019- 024
6
7 AMENDING WHATCOM COUNTY CODE
8 CHAPTER 6.04, ANIMAL CONTROL
9
10 WHEREAS, Chapter 6.04 of the Whatcom County Code provides regulations within the
11 unincorporated areas of Whatcom County and specific controls within designated urban areas of
12 Whatcom County to control animal conduct; and
13
14 WHEREAS, it is further the purpose of Chapter 6.04 of the Whatcom County Code to
15 provide the means for animal control, care, and licensing within the unincorporated areas of
16 Whatcom County; and
17
18 WHEREAS, the County is authorized to designate animal care and control agencies as
19 defined under RCW 16.52.011 to enforce the provisions of Whatcom County Code Chapter 6.04;
20 and
21
22 WHEREAS, that Section 6.04.031 of the Code should reflect the County's authority to
23 designate a humane society or other animal control authority to administer and enforce this
24 Chapter; and
25
26 WHEREAS, Section 6.04.020 should also be amended to include definitions of "animal
27 control authority" and "animal control officers" for purposes of this Chapter; and
28
29 WHEREAS, it is the intent of the County Council through these amendments to clarify
30 definitions and provisions in this title related to the administration and enforcement of Whatcom
31 County Code 6.04 within the unincorporated areas of the County;
32
33
34 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Sections
35 6.04.020 and 6.04.031 of the Whatcom County Code be amended as indicated in Exhibit A to
36 this ordinance.
37
38 ADOPT't TthSI//: 26th DAY OF March , 2019.
39
40 e���� i�a WHATC CO Y COUNCIL
41 ATT�� ��a�'t �® WHAT O CO WASHINGTON
42 OIL
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44
45 Dana Brown- aye; ill xlc of,the Council Councilt Chair Rud Browne
46 W:
47 APPROVED`AS,TO FORM APPROVED DENIED( )
48
49 �% "r
50
51 Deputy Prosecuting Attorney Jack Lo s Coui4y 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" means a County department or agency, or a humane society or
other animal care and control agency designated by action of the county council, that provides
animal housing, care, and control services for the unincorporated areas of Whatcom County, and
whose employees are either deputized by the Whatcom County sheriff or are otherwise
authorized pursuant to this title and RCW 16.52 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.
F.. "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.
G.. "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.
H.. "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.
I. "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.
J. "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.
K "Dog" means any member, male or female, of the family Canis familiaris.
L. "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.
A "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.
N. "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.
O. "Livestock" means horses, cattle, sheep, goats, swine, donkeys, mules and domestic fowl and
rabbits.
P. "Owner" means any person, firm, corporation, organization or department possessing,
harboring, keeping, having any interest in, or having control or custody of an animal.
Q. "Pet shop" is any establishment or premises maintained for the purchase, sale or exchange of
pets of any type.
R. "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.
S. "Psittacine bird" includes all birds commonly known as parrots, macaws, cockatoos,
lovebirds, parakeets and all other birds of the order Psittaciformes.
T. "Severe injury" means any physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
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.
V. "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.
W. "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.
X. "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. A humane society or other animal control authority as defined under RCW 16.52 and that is
designated by the County Council and the County Executive shall be responsible for
administration and enforcement of this chapter, to include the following:
1. Operate or cause to be operated an animal shelter;
2. If the designee deems it necessary, select, train, hire, and retain a qualified animal control
officer or officers 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.
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. (Ord. 98-022; Ord. 90-82 (part)).