HomeMy WebLinkAboutO-2013 - Animal regulations; repeals Ords. 112, 114, 458, 416, 462, 542, 832, 1008, 1051, 1324, 1328, 1329, 1388, 1413, 1438, 1542, 1805, 1916 (10.04),,'
CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.J,015
AN ORDINANCE OF THE CITY OF MARYSVILLE ADOPTING REGULATIONS
RELATED TO ANIMALS AND REPEALING ORDINANCES 112, 114,458, 416,
462,542,832,1008, 1051,1324,1325,1328,1329, 1388, 1413, 1438,
1542, 1805,AND 1916,AS CODIFIED IN TITLE 10 OF THE MARYSVILLE
MUNICIPAL CODE.
WHEREAS,the City Council finds that the City should
encourage,secure and enforce those animal control measures
deemed desirable and necessary for the protection of human
health,safety and welfare and to the greatest degree practicable
to prevent injury to property and cruelty to animal life;and
WHEREAS,the City Council finds that it should establish and
implement a program for licensing and regulation of dogs and cats
as well as other animals,and facilities which house them and to
provide for the health,safety and welfare of the people residing
in the City;NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1.Title.The ordinance codified in this chapter
may be cited as "the animal control ordinance."
Section 2.Definitions.As used in this ordinance,the
terms defined in this section shall have the defined meanings
unless the context requires otherwise;words in the present tense
include the future;the singular includes the plural;plural
usage includes the singular;"shall"means mandatory,not
directory,and the masculine gender includes the feminine.
a."Adult dog or cat"mei3.ns any dog or cat over the age of
six (6)months..
b."Animal"means any live vertebrate creature,reptile,
amphibian,or bird,except man.
c."Animal at large"means any animal off the property of
its owner,unless restrained by leash,tether or other physical
control device not to exceed eight (8)feet in length and under
the physical control of a responsible person,whether or not the
owner of such animal,or which enters upon the property of
another person without authorization of that person.
d."City"means City of Marysville.
ORDINANCE - 1
/rrrv/titlelo.ord
e."Euthanasia"means the putting to death of an animal in
a humane manner.
f."Exotic,wild or dangerous animal"means any member of
the animal kingdom which is not commonly domesticated or which is
not common to North America,or which,irrespective of geographic
origin,is of a wild or predatory nature,or any domesticated
animal which,because of its size,vicious nature or other
similar characteristics would constitute a danger to human life
or property if not kept,maintained or confined in a safe and
secure manner.Incorporated by reference here are the State Game
Department regulations,principally the following:WAC 232-12-
015,232-12-030,232-12-040, 232-12-050,and 232-12-060.
g."Livestock"includes horses,mules,jackasses,cattle,
sheep,llamas,goats,and swine.
h."Owner"means any person or legal entity having a
possessory property right in an animal or who harbors,cares for,
exercises control over,or knowingly permits any animal to remain
on premises occupied by him.
i."Neutered"or "spayed"means medically determined to be
incapable of reproduction or when the physical condition of an
animal is certified by a licensed veterinarian to be such as
would prohibit performance of such medical procedure to render it
unreproductive.
Section 3.Purpose.It is hereby declared that the public
policy of the City of Marysville is to encourage,secure and
enforce those animal control measures deemed desirable and
necessary,for the protection of human health and safety,and to
the greatest degree practicable to prevent injury to property and
cruelty to animal life.To this end,it is the purpose of this
chapter to provide a means of licensing dogs,impounding animals,
and controlling animal behavior so that it shall not constitute a
nuisance and to prevent or curtail cruelty to animals.
Section 4.Livestock not to run at laroe.No horse,sheep,
goat,swine,ass,mule,jennet,colt or filly,fowl and no cattle
of any kind,shall be allowed to run at large,during any hour of
the day or night upon any unenclosed land public or private,
within the city limits.(Ord.112 §1,1904).
Section 5.Hitching of horses prohibited in business
districts.It is unlawful for any person to leave a horse tied,
fastened or hitched to any object in a business or commercial
zone of the city.(Ord.1413 §1,1985).
Section 6.Driving or riding animals so as to endanger
persons or property.It is unlawful for any person to .drive,
herd or ride a horse or other livestock in the city in such a
manner as to endanger or to be likely to endanger any person or
property,or to drive or ride a horse or other livestock upon any
ORDINANCE - 2
/mv/titlel0 .ord
·~..
"I.',,
sidewalk in the city.Provided,that this section shall not
prohibit any person from driving or herding livestock in a safe
manner consistent with reasonable farming or ranching practices.
(Ord.1413 §2,1985).
Section 7.Livestock--Impounding authorized.Any animal
found in violation of §§4-6 within the city limits may be
impounded by the Animal Control Officer or any police officer,
and kept at a city facility or at some other facility suitably
equipped for the care and confinement of the animal.(Ord.1413
§3,1985:Ord.112 §4,1904).
Section 8.Notice of impoundment.The Animal Control
Officer or police officer impounding any animal pursuant to
Section 7 shall give the owner thereof written notice of the
impoundment as soon as possible,but not more than three days
after impoundment.If the owner is not known,such notice shall
be given by posting the same in a conspicuous place at the
entrance of city hall and the city police department,which
notice shall state that the animal or animals described therein
have been taken up and impounded and will be sold at public
auction to the highest bidder for cash at the time therein named,
which time shall be not less than ten days from the time of
service or posting of the notice.The proceeds of the sale shall
be applied to pay legal fees,costs and expenses incurred by the
city in impounding,keeping and selling the animal.(Ord.1328
§3,1983:Ord.114,1905;Ord.112 §5,1904).
Section 9.Livestock--Redemption--Fees--Procedure for sale
of unredeemed animals--Profits of sale held for owner.
1.If at any time before such sale the owner of the animal
or animals so taken up or impounded pursuant to Section 7 claims
the same,the owner shall be entitled to possession thereof by
paying to the city the following sums:
a.Transportation/impoundment fee of One Hundred
Dollars ($100).The fee shall progressively double for each
impoundment of the same animal during anyone-year period;
b.Actual costs per day for room and board during the
period of impoundment;
c.
respect
1904).
Any and all delinquent court fines imposed with
to the animal.(Ord.1328 §4,1983:Ord.112 §6,
2.At the time named in said notice,if such animal or
animals be not prior thereto claimed and redeemed,the
poundkeeper shall sell such animal or animals at public auction
to the highest bidder for cash and shall immediately pay the
proceeds of such sale into the city treasury,and give a receipt
therefore to the purchaser.The City may contract for auctioneer
ORDINANCE - 3
/mv/titlelO.ord
services and pay expenses thereof from the proceeds from the sale
of said animals.(Ord.112 §7,1904).
3.If the owner or owners of any animal or animals sold
under the provisions of this chapter shall at any time within one
year from the date of such sale make satisfactory proof of
ownership,he or they shall be entitled to receive the net
proceeds or such sale so paid into the city treasury,after
deducting all legal charges,administrative costs and expenses.
If such funds have not been claimed after one year,such proceeds
shall be deemed forfeited and deposited in the general fund.
(o.rd .112 §8,1904).
Section 10.Licensing required.It shall be a violation of
this chapter for any person,firm or corporation to own,
possess,harbor or otherwise be the custodian of any dog over the
age of three months within the city of Marysville unless the
person,firm or corporation has first procured a license
therefore as provided in this chapter.(Ord.1325 §1,1983:
Ord.458 §1,1960).
Section 11.Issuance of licenses and tags--Transferability-
-Attaching tag.It shall be the duty of the city clerk or
his/her appointee to issue licenses to persons applying therefor,
upon payment of the license fee as provided in this chapter.
Upon the issuance of a license,a metal tag,with number
corresponding to the number of the application,shall be
furnished the applicant,who shall cause the same to be attached
or affixed to the dog licensed.Animal tags shall not be
transferable from one animal to another.(Ord.458 §2,1960).
Section 12.License fees.The following fees shall be paid
for licenses under this chapter:
Unaltered dogs
Neutered or spayed dogs
Replacement of metal tags
*Original license applied for after July 1
of each year shall be reduced to $5.00.
. $10.00 per year*
$10.00 per lifetime
. $1.00
Documentation from a veterinarian or other sufficient
medical proof must be provided when licensing a neutered or
spayed dog.The City Council may revise any or all license fees
by resolution.
(Ord.1325 §2,1983:Ord.832 §1,1974:Ord.458 §3,
1960)
Section 13.Term of renewal of licenses.All licenses
required under this chapter,except the lifetime license for
neutered dogs,shall expire on December 31st of each year.
Annual license fees shall be due and payable within thirty days
after acquisition of a dog and within forty-five days after
ORDINANCE - 4
/mv/titlelO.ord
January 1st of
shall be added
1325 §3,1983:
each year.A penalty charge of Five Dollars ($5)
to any license fee which is delinquent.(Ord.
Ord.458 §4,1960).
Those dogs which are not licensed pursuant to this
Dogs running in packs;
Chasing or intimidating dogs as defined in this
Section 14.Dog and cat license exemptions.The licensing
provisions of this section shall not apply to dogs or cats in the
custody of a veterinarian,or animal shelter or animal rescuer,
or whose owners are nonresidents temporarily within the city for
a period not exceeding thirty days.Also,when a blind person,
physically disabled or hearing impaired person requests that no
fee be charged to license his/her guide dog,or service dog,no
fee shall be charged.
Section 15.Dogs and cats"-Impoundment--Redemption--Fees.
1.The.Animal Control Officer of the city of Marysville
may impound dogs and cats which fall in one or more of the
following categories:
a.
chapter;
b.Those dogs which do not exhibit the identification
tag required by this chapter;
c.Stray animals as defined by this chapter;
d.Biting dogs as defined by this chapter;
e.Vicious dogs as defined by this chapter;
f.Dogs in heat which are running at large;
g.Noisy dogs and cats as defined by this chapter;
h.Trespassing dogs and cats as defined by this
chapter;
i.
j .
chapter;
.k.Dogs habitually running at large in violation of
this chapter;
1.Dogs and cats which are declared public nuisances,
but which have not been abated pursuant to this notice;
m.Dogs and cats which are voluntarily surrendered to
the Animal Control Officer by any person who purports to be
the owner of the same,or by any person who declares that
the animals are stray animals,as defined by this chapter.
2.The Animal Control Officer shall use his best efforts
to notify the owner of the animal impounded pursuant to this
section.The owner may redeem an impounded animal at any time
before the animal is sold or destroyed,by paying to the city the
sum of Twenty-Five Dollars ($25);plus Three Dollars ($3)per day
for room and board during the period of impoundment;plus the
appropriate license fee if the animal has not been previously
licensed;plus any and all delinquent court fines with respect to
that animal.If an animal is sold pursuant to this chapter,the
net proceeds from the sale shall offset the accrued obligation of
the animal's owner with the exception of delinquent court fines.
The monetary amounts set forth herein for redemption or room and
ORDINANCE - 5
/mv/titlelO.ord
board may be amended by resolution of the City Council.
1805,1990;Ord.1542 §1 &2,1987;Ord.1325 §4,1983;
1051 §1,1979;Ord.832 §2,1974;Ord.458 §5,1960).
(Ord.
Ord.
Section 16.Destruction and sale of animals.The Animal
Control Officer or other properly certified person shall have the
authority to sell or destroy,by humane means,all animals given
to the city or impounded pursuant to this chapter,when such
animals have not been redeemed by their owners in the following
time periods:
1.Immediately upon determining that it would be humane to
destroy an injured or diseased animal and the animal is
unlicensed or the owner cannot be located.Determination of
whether the animal will be destroyed will be made by a
veterinarian,Animal Control Officer or police officer;
2.Twenty-four hours after an owner voluntarily surrenders
its animal to the city;
3.Four working days after an animal has been impounded
pursuant to this chapter,without the consent of the owner;
4.
tags;
5.
chapter.
Ten days for licensed or animals with identification
Ten days after impounding a dog pursuant to this
(Ord.1542 §3,1987;Ord.832§3,1974).
Section 17.Proof of rabies inoculation.In the event that
the chief of police or his designee deems it necessary for the
health,safety and welfare of the city residents,no license
hereunder shall be granted unless the applicant shall have
presented to the city or its appointee a certificate from a
licensed veterinarian to the effect that the animal has been
inoculated against rabies within the year preceding application
for license.(Ord.458 §6,1960)
Section 19.Confinement and redemption of biting dogs.It
is unlawful for the owner or owners of any dog known to have
bitten or scratched any person or persons or other animals or
animals,to harbor or keep such dog without permitting an
examination or inspection of such dog after due demand therefor
by the chief of police or his designee.If,after such
inspection or examination,good cause appears to be that such
animal is suffering or has been exposed to rabies,such animal
may be impounded and quarantined apart from other animals for a
ten-day period from and after the date of seizure.
ORDINANCE - 6
/mv!titlelO.ord
Any dog impounded under this section may be redeemed at the
expiration of such period or prior thereto,upon the
determination of the county health department that it is free
from such disease,and upon the payment to the impounding
authority of the maintenance charge for each day of confinement,
as hereinbefore set forth.(Ord.458 §8,1960).
Section 20.In heat doqs at large prohibited.It is
unlawful for the owner or custodian of any female dog to allow
said dog to be at large during the regular heat period,and any
such dog running at large during such period is a nuisance and
may be impounded as such.(Ord.458 §10,1960).
Section 21.Trespassing dogs and cats prohibited--
Reguirement to remove fecal matter.
1.It is a civil infraction to suffer or permit any dog or
cat to trespass on private or public property so as to damage,
destroy or befoul any property or thing of value.(Ord.1051 §3,
1979).
2.It is a civil infraction to fail to remove fecal matter
deposited by an animal on the property of another before the
owner and/or said animal leave the immediate area in which the
fecal matter was deposited.
3.It is a civil infraction for a person to fail to have
in his or her possession the equipment necessary to remove fecal
matter deposited by an animal when on public property or a public
right of way.
Section 22.Noisy dogs and cats prohibited.
1.No person may allow an animal to unreasonably disturb
persons by habitually barking,howling,yelping,whining,or
making other oral noises.
2.A violation of this section is established if the
person disturbed is an individual residing within three hundred
feet (exclusive of public right-of-way)of the place where the
animal is harbored and this is confirmed by an Animal Control
Officer or police officer.
Section 23.Chasing and intimidating dogs prohibited.It
is unlawful for any person,firm or corporation which owns,
possesses,harbors,or has control or charge of any dog which is
known or in the exercise of reasonable care should be known to
chase,run after or jump at vehicles or bikes using public
streets,alleys and sidewalks,or which habitually snaps,growls,
jumps at or upon or otherwise threatens persons lawfully using
public streets,alleys or sidewalks,to allow the.same to run at
large and not under restraint.(Ord.1325 §6,1983).
ORDINANCE - 7
/mv/titlelO.ord
Section 24.Commission for officers enforcing.Appointees
of the city of Marysville charged with the duty of controlling
animals as provided by this chapter shall have reserve police
officers'commissions.(Ord.458 §14,1960).
Section 25.Animal Control Officer appointed.The Animal
Control Officer of the city,in his capacity as a member of the
Marysville police department,is appointed and designated as the
poundkeeper.The position shall be subject to the supervision of
the chief of police or his designee.(Ord.1326 §1,1983:Ord.
462 §1,1960).
Section 26.Animal control shelter.The city may maintain
and operate,or contract to maintain and operate an animal
control shelter which shall be used as the public pound for the
livestock referred to in this chapter.(Ord.1328 §2,1983:Ord
112 §3,1904).
Section 27.Duties of Animal Control Officer.The Animal
Control Officer or other persons in charge of the pound,shall
securely keep the pound and properly care for all animals that
may be delivered into his custody until the same shall be
released or sold as provided by this chapter.Upon receipt of
any animal,he shall forthwith keep a report with the name of the
person delivering the same to him,the day and hour of its
receipt and a description to a reasonable certainty of the animal
or animals and the name of the owner or owners,if known;he
shall also report the release of all animals under his charge,
showing the name of the owner,to whom delivered,together.with
the amount realized on such release.The Marysville Police
Department shall keep a correct record of all matters above
described and the same shall be preserved as one of the records
of the office and shall be open to public inspection.This
section shall not be deemed to prohibit the City from contracting
for any of the services necessitated by this chapter.(Ord.112
§9,1904).
Section 28.Obstructing process of impoundment--Penalty.
It is a civil infraction for any person to prevent or hinder or
to attempt to prevent or hinder the impounding of any animal
found to violate the provisions of this chapter,or by force or
otherwise remove or attempt to remove any animal from the public
pound without the authority of the animal control officer,or
other person in charge of the pound,or to aid in any attempt to
remove any animal or animals from the pound.(Ord.1328 §7,
1983:Ord.112 §13,1904).
Section 29.Entering private property to take possession of
animal.The Animal Control Officer may enter the private
unenclosed private property of another with or without warrant,
when in hot pursuit to take possession of any animal observed in
violation of this ordinance.
ORDINANCE - 8
/mv/titlelO.ord
Section 30.Leash required.It is a civil infraction for
the owner or custodian of any dog to cause,permit or allow such
dog to roam,run,stray,or to be away from the premises of such
owner or custodian and to be on any public place,or on any
public property,or the private property of another in the city
of Marysville,unless such dog,while away from such premises,is
controlled by a leash not more than eight feet in length,such
control to be exercised by such owner or custodian or other
competent and authorized person.Any dog found roaming,running,
straying or being away from such premises and not on a leash as
provided in this section may be impounded subject to redemption
in the manner provided by this chapter.Any case alleging a
violation of this section is to be filed as a civil infraction.
(Ord.1916 §1,1992:Ord.461 §1,1960).
Section 31.Restraint and enclosure.All persons owning or
having control or possession of any rabbits,goats,swine,
chickens,turkeys,geese,ducks,horses,cattle,pigeons,
pheasants,peacocks,or fowl within the city of Marysville shall
keep the same restrained and enclosed at all times on the
premises owned and occupied by such persons.(Ord.542 §2,
1965).
Section 32.Disposal of diseased animal's carcass.Every
person owning or having in charge any animal that has died or
been killed on account of disease shall immediately bury the
carcass thereof at least three feet underground at a place
approved by the chief of police,or cause the same to be consumed
by fire,or by other legal,sanitary means.No person shall
sell,offer to sell or give away the carcass of any animal which
died or was killed on account of disease.Every violation of
this section is a public nuisance.(Ord.965 §21.07,1977.)
Section 33.Pigeons.The provisions of Section 10.01.145
shall not apply to pigeons during periods when they are being
trained or exercised.Provided,that pigeons shall not be
allowed to trespass on private property so as to damage destroy
or befoul any property.(Ord.542 §2,1965).
Section 34.Location of building--Enclosures must be clean.
1.Any building inhabited by livestock or fowl shall be
located at a minimum distance of one hundred feet of any
adjoining residence.(Ord.542 §3,1965).
2.All houses,pens or enclosures where chickens,turkeys,
geese,ducks,pigeons or other domestic fowl or rabbits are kept
shall be kept clean and free from disagreeable odors.No organic
materials furnishing food for flies shall be allowed to
accumulate on the premises.All manure and other refuse must be
kept in tightly covered fly-proof receptacles and disposed of at
least once each week in a manner approved by the Animal Control
Officer.(Ord.1329 §1,1983:Ord.542 §4,1965).
ORDINANCE -9
/mv/titlelO.ord
Section 35.Pigsty.No pigsty,piggery or other place
where swine are kept shall be built or maintained on marshy
ground or land subject to overflow,nor within two hundred feet
of any stream or other source of water supply,nor within three
hundred feet of any inhabited house or public meeting house on
adjoining property.(Ord.542 §5,1965).
Section 36.Swine--Garbage feeding.When garbage is fed to
pigs all unconsumed garbage shall be removed daily and disposed
of by burial or incineration.No organic material furnishing
feed for flies shall be allowed to accumulate on the premises.
All garbage shall be handled and fed upon platforms of concrete
or other impervious material.Unslaked lime,hypochlorite of
lime,borax or mineral oil shall be used daily in sufficient
quantities to prevent offensive odors and the breeding of flies.
All garbage,offal and flesh fed to swine must be sterilized by
cooking before feeding.(Ord.542 §6,1965).
Section 37.Rat and mice free premises.All premises where
any of the livestock or fowl mentioned in this chapter are kept
shall be kept free from rats and rat and mice harborages.(Ord.
542 §7,1965).
Section 38.Cruelty to animals.The following statutes
regarding cruelty to animals are incorporated by reference:
RCW 46.61.660
RCW 16.52.011
RCW 16.52.015
RCW 16.52.080
RCW 16.52.085
RCW 16.52.090
RCW 16.52.095
RCW 16.52.207
RCW 16.52.100
RCW 16.52.110
RCW 16.52.117
RCW 16.52.180
RCW 16.52.185
RCW 16.52.190
RCW 16.52.193
RCW 16.52.195
RCW 16.52.200
RCW 16.52.210
RCW 16.52.300
Carrying Animals on Outside of Vehicle
Definitions
Enforcement Powers
Transporting or Confining Animals in an
Unsafe Manner
Removal of Neglected Animals for Feeding
and Restoration to Health--Examination--
Notice--Return--Non-Liability
Docking Horses--Misdemeanor
Cutting Ears--Misdemeanor
Cruelty to Animals in the Second Degree
Confinement Without Food and Water
Old or Diseased Animals at Large
Animal Fighting--Owners,Trainers,
Spectators~-Exceptions
Limitations on Application of Chapter
Exclusions from Chapter
Poisoning Animals
Poisoning Animals--Strychnine Sales
Poisoning Animals--Penalty
Sentences--Forfeiture of Animals--
Liability for Costs--Civil Penalty
Destruction of Animal by Law Enforcement
Officer--Immunity from Liability
Dogs or Cats Used as Bait--Penalties
Section 39.Dangerous dogs.The following statutes
regarding dangerous dogs are incorporated by reference:
ORDINANCE -10
/mv/titlelO.ord
RCW 16.08.070
RCW 16.08.080
RCW 16.08.090
RCW 16.08.100
Definitions
Registration
Restraint
Confiscation
Section 40.Provisions of §10.01.180.
§10.01.180 apply to all "dangerous dogs"and
dangerous dogs"as defined in RCW 16.08.070.
The provisions of
"potentially
Section 41.Declaration of Potentially Dangerous/Dangerous
Dogs--Procedure.
1.The Police department shall classify potentially
dangerous/dangerous dogs.The department may find and declare an
animal potentially dangerous/dangerous if an Animal Control
Officer has probable cause to believe that the animal falls
within the definitions set forth in Section 39.The finding must
be based upon:
a.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 Section 39;or
b.Dog bite reports filed with the police department;
or
c.Actions of the dog witnessed by any Animal Control
Officer or law enforcement officer;or
d.Other substantial evidence.
2.The declaration of potentially dangerous/dangerous dog
shall be in writing and shall be served on the owner in one of
the following methods:
a.Certified mail to the owner's last known address;
or
b.Personally;or
c.If the owner cannot be located by one of the first
two methods,by publication in a newspaper of general
circulation.
3.The declaration shall state at least:
a.The description of the animal,
b.The name and address of the owner,if known,
c.The location of the animal if,not in custody of
the owner,
ORDINANCE -11
/mv/titlelO.ord
d.The facts upon which the declaration of
potentially dangerous dog is based,
e.The restrictions placed on the animal,and
f.The ability and process for appealing the
declaration to the Marysville Municipal Court.
Section 42.Permits and Fees.Following the declaration of
potentially dangerous dog and the exhaustion of the appeal
process,the owner of a potentially dangerous dog shall obtain a
permit for such dog from the office of the city clerk upon proof
that all registration requirements of RCW 16.08.080 have been
satisfied,and shall be required to pay One Hundred Dollars
($100)for the permit.If the owner fails to obtain a permit or
fails to file an appeal,the Animal Control Officer is authorized
to seize and impound the animal and,after notification to the
owner,hold the animal for no more than five days before the
destruction of the animal.
Section 43.Notification of Status of Potentially Dangerous
Dog.The owner of a potentially dangerous dog shall immediately
notify the police department when the animal:
1.Is loose or unconfined off the property;or
2.Has bitten or injured a human being or another animal;
or
3.Is sold or given away or dies;or
4.Is moved to another address.
Prior to a potentially dangerous dog being sold or given away,
the owner shall provide the name,address,and telephone number
of the new owner to the animal control agency.The new owner
shall comply with all the requirements of this chapter.
Section 44.Licensing--General requirements.All animal
shelters,kennels,catteries,hobby kennels,hobby catteries,pet
shops,and grooming services must be licensed by the animal
control authority.Licenses will be valid for one year from the
date of application.Fees shall be assessed as determined by
resolution of the City Council.There is no proration of the
license fee.Renewal licenses shall retain the original
expiration date whether renewed prior to,on,or after their
respective renewal month.Any person(s)who engages in more than
one of the services or maintains more than one of the types of
facilities cited in this section shall pay license fees as
determined in this section.Veterinarians shall obtain the
required license for any service other than.the one which by law
may be performed only by a veterinarian;provided,that no such
license shall be required for his or her possession of animals
solely for the purposes of veterinary care.
ORDINANCE -12
/mv/titlelO.ord
Section 45.Kennel permit required.No person shall keep
dogs and/or cats over three months of age which exceed the
maximums identified in Section 47 or operate a "commercial
kennel"as defined in Chapter 19.08 of the Marysville Municipal
Code without first obtaining a written approval from the Animal
Control Officer.Said Animal Control Officer shall have
administrative authority to allow an exceedance of the maximum
number of dogs and cats referred to in Section 47 or to operate a
commercial kennel;provided,however,in no event shall such
administrative approval be granted for an exceedance of the
maximums by more than six (6)dogs or cats without a conditional
use permit from the City hearing examiner and City Council.The
factors to be considered in granting or denying such an
exceedance shall be the same as set forth in Section 47(2)(c)(i -
v).Any aggrieved party may appeal the decision of the Animal
Control Officer to the City hearing.examiner,and said examiner
is hereby authorized to hear such appeals and make a
recommendation to the City Council;provided,further,that no
such permit shall be required in the case of a legally
established commercial enterprise which operates exclusively as a
"veterinary hospital or clinic,""pet shop"or "grooming parlor"
as defined in Chapter 19.08.(Ord.1388 §1,1984:Ord.1044 §1,
1979).
Section 46.Commercial kennels and pet shops--General
conditions.Commercial kennels and pet shops shall meet the
following conditions:
1.Animal housing facilities shall be provided the animals
and shall be structurally sound and shall be maintained in good
r",pair;shall be designed.so as to protect the animals from
injury and restrict the entrance of other animals.
In addition,each animal housed in any animal shelter,
commercial kennel or pet shop or enclosure therein shall be
provided with adequate floor space to allow each animal to turn
about freely and to easily stand,sit,and lie in a comfortable
normal position.
2.Electrical power shall be supplied in conformance with
applicable electrical codes adequate to supply heating and
lighting as may be required by this chapter.
3.Water shall be supplied at sufficient pressure and
quantity to clean indoor housing facilities and enclosures of
debris and excreta.
4.Suitable food and bedding shall be provided and stored
in facilities adequate to provide protection against infestation
or contamination by insects or rodents.Refrigeration shall be
provided for the protection of perishable foods.
5.Provision shall be made for the removal and disposal of
animal and food wastes,bedding,dead animals and debris.
ORDINANCE -13
/mv/titlelO.ord
Disposal facilities shall be so provided and operated as to
minimize vermin infestation,odors,and disease hazards.
6.Washroom facilities,including sinks and toilets,with
hot and cold water,shall be conveniently available to maintain
cleanliness among animal caretakers and for the purpose of
washing utensils and equipment.
7.Sick,diseased or injured animals shall be separated
from those appearing healthy and normal and if for sale,shall be
removed from display and sale and kept in isolation quarters with
adequate ventilation to keep from contaminating well animals.
8.There shall be an employee or keeper on duty at all
times during hours any store is open whose responsibility shall
be the care and supervision of the animals in that shop or
department held for sale or display.
9.An employee,keeper or owner shall make provision to
feed,water and do the necessary cleaning of animals on days the
store or establishment is closed.
10.No person,persons,association,firm or corporation
shall misrepresent an animal to a consumer in any way.
11.No person,persons,associations,firm or corporation
shall knowingly sell a sick or injured animal.
12.Animals which are caged,closely confined or restrained
shall be permitted daily,and for an appropriate length of time,
as determined by their size,age and species,to exercise in a
yard or area suitable for that purpose.
Section 47.Hobby kennel or hobby cattery--Conditions.
1.Limitation on Number of Dogs and Cats Allowed.Any
hobby kennel or hobby cattery license shall limit the total
number of dogs and cats over three months of age kept by such
hobby kennel or hobby cattery based on the following guidelines:
a.The amount of lot area;provided,that the maximum
number shall not exceed twenty-five where the lot area
contains five acres or more;the maximum number shall not
exceed five per acre where the lot area contains one acre
but less than five acres and the maximum number shall not
exceed four where the lot area is less than one acre;
b.The facility specifications or dimensions in which
the dogs and cats are to be maintained;
c.The zoning classification in which the hobby
kennel or hobby cattery would be maintained.
ORDINANCE -14
/mv/titlelO.ord
2.Requirements--Hobby Kennels and Hobby Catteries.
a.All open run areas shall be completely surrounded
by a six-foot fence set back at least twenty feet from all
property lines;provided this requirement may be modified
for hobby catteries as long as the open run area contains
the cats and prohibits the entrance of children.For
purposes of this section "Open run area"means that area,
within the property lines of the premises on which the hobby
kennel or hobby cattery is to be maintained,where the dogs
and cats are sheltered or maintained.If there is no area
set aside for sheltering or maintaining the dogs within the
property lines of premises not containing an open run area
must be completely surrounded by a six-foot fence.
b.No commercial signs or other appearances
advertising the hobby kennel or hobby cattery are permitted
on the property except for the sale of the allowable
offspring set forth in this section,or otherwise allowable
under the city sign code as codified in Marysville Municipal
Code 16.16,et seq.
c.The Animal Control Officer may require setback,
additional setback,fencing,screening or soundproofing as
she or he deems necessary to insure the compatibility of the
hobby kennel or hobby cattery with the surrounding
neighborhood.Factors to be considered in determining such
compatibility are:
i.Statement regarding approval or disapproval
of surrounding neighbors relative to maintenance of a
hobby kennel or hobby cattery at the address applied
for;
ii.Past history of animal control complaints
relating to the dogs and cats of the applicant at the
address for which the hobby kennel or hobby cattery is
applied for;
iii.Facility specifications and dimensions in
which the dogs and cats are to be maintained;
iv.Animal size,type and characteristics of
breed;
v.The zoning classification of the premises on
which the hobby kennel or hobby cattery is maintained.
d.The hobby kennel or hobby cattery shall limit dog
and cat reproduction to no more than one litter per license
year per female dog and two litters per license year per
female cat;
ORDINANCE -15
/mv/titlelO.ord
e.Each dog and cat in the hobby kennel or hobby
cattery shall have current and proper immunization from
disease according to the dog's and cat's species and age.
Such shall consist of DHLPP inoculation for dogs over three
months of age and FVRCP for cats over two months of age and
rabies inoculations for all dogs and cats over six months of
age.
3.License Issuance and Maintenance.Only when the Animal
Control Officer is satisfied that the requirements of this
chapter have been met,maya hobby kennel or hobby cattery
license be issued.The license will continue in full force
throughout the license year unless,at anytime,the hobby kennel
or hobby cattery is maintained in such a manner as to:
a.Exceed the number of dogs and cats allowed at the
hobby kennel by the animal control section;or,
b.Fail to comply with any of the requirements of
this chapter.
4.Special Hobby Kennel License.
a.Persons owning a total number of dogs and cats
exceeding four who do not meet the requirements for a Hobby
kennel license may be eligible for a Special Hobby Kennel
license to be issued at no cost by the animal control
authority which will allow them to retain the specific
animals then in their possession provided that the following
conditions are met:
i.The applicant must apply for the Special
Hobby Kennel License and individual licenses for each
dog and cat within 30 days of the enactment of this
ordinance or at the time they are contacted by an
Animal Control Officer.
ii.The applicant is keeping the dogs and cats
for the enjoyment of the species,and not as a
commercial enterprise.
b.The Special Hobby Kennel License shall only be
valid for those specific dogs and cats in the possession of
the applicant at the time of issuance,and is intended to
allow pet owners to possess animals beyond the limits
imposed by code until such time as the death or transfer of
such animals reduces the number possessed to the legal limit
set forth by code.
c.The Animal Control Officer may deny any
application or revoke a Special Hobby Kennel License based
on past Animal Control Code violations by the applicant's
dogs and cats,or complaints from neighbors regarding the
ORDINANCE -16
/mv!titlelO.ord
applicant's dogs and cats;or if the animal(s)is maintained
in inhumane conditions.
d.The provisions of Section 10.01.220(4)shall
automatically be repealed on December 31,1995 and
thereafter a special hobby kennel license shall not be
allowed.
Section 48.Grooming parlors-Conditions.Grooming parlors
shall:
1.Not board animals,but keep said animals for a
reasonable time in order to perform the business of grooming.
2.Keep each animal in an individual cage.
3.Not permit animals therein kept for the direct purpose
of grooming to have contact with other animals kept therein.
4.Sanitize all equipment after each animal has been
groomed.
5.Not prescribe treatment or medicine that is in the
province of a licensed veterinarian as provided in RCW 18.92.010.
6.Not leave animals unattended during the drying process.
7.Take reasonable precautions to prevent injury from
occurring to any animals while in the custody of said parlor.
Section 49.Penalties.
1.Any violation of this chapter not otherwise designated
a misdemeanor or gross misdemeanor shall constitute a civil
infraction punishable by a fine in an amount not to exceed Two
Hundred Fifty Dollars ($250).
2.Any person violating any provision of this chapter not
otherwise designated a misdemeanor or gross misdemeanor three or
more times in any twelve (12)month period shall have committed a
civil infraction punishable by a fine not to exceed Five Hundred
Dollars ($500).
3 .
shall be
and/or a
Any violation of this chapter designated a misdemeanor
punishable by a maximum of ninety (90)days in jail
fine not to exceed One Thousand Dollars ($1,000).
4.Any violation of this chapter designated a gross
misdemeanor shall be punishable by a maximum of three hundred
sixty-five (365)days in jail and/or a fine not to exceed Five
Thousand Dollars ($5,000).
Section 50.Public nuisance--Notice of abatement--
Penalties.Any violation of §§10.01.145 to 10.01.170 shall
ORDINANCE -17
/mv/titlelO.ord
constitute a public nuisance.Upon being advised of the same,
the Animal Control Officer may serve notice upon the owner or
occupant of the subject premises requiring that the nuisance be
abated within a period of not less than three days.It shall be
unlawful for any person to fail to comply with the notice of
abatement.Any person found guilty of the failure to comply
shall be guilty of a separate civil infraction for each day of
noncompliance.(Ord.1329 §2,1983:Ord.542 §8,1965).
Section 51.Public nuisance--Petition--Notice of Abatement.
Whenever it shall be affirmed in writing by three or more persons
having separate residences or regularly employed in the
neighborhood that any dog or cat is a habitual public nuisance by
reason of continued violations of any section of this chapter,
the Animal Control Officer may serve notice upon the owner or
custodian of the dog or cat ordering that the nuisance be abated
within a period of not less than three days.It shall be
unlawful for any person to fail to comply with said notice of
abatement,and shall be cause for impoundment of the dog or cat.
(Ord.1051 §4,1979).
Section 52.Ordinance Numbers 112,114,458, 416, 462,542,
832,1008,1051,1324,1325, 1328,1329,1388, 1413,1438, 1542,
1805,and 1916,and all ordinances in conflict herewith,are
hereby repealed.
Section 53.Third party liability.It is expressly the
purpose of this ordinance to provide for and promote the health,
safety and welfare of the general public and not to create or
otherwise establish or designate any particular class or group of
persons who will or should be especially protected or benefitted
by the terms of this ordinance.
It is the specific intent of this ordinance to place the
obligation of complying with its requirements upon the owner and
possessors of animals and no provisions nor any term used in this
ordinance is intended to impose any duty whatsoever upon the City
or any of its officers or employees,for whom the implementation
and enforcement of this ordinance shall be discretionary and not
mandatory.
Nothing contained in this ordinance is intended nor shall be
construed to create or form the basis of any liability on the
part of the City,or its officer,employees or agents,for any
injury or damage resulting from the failure to comply with the
provisions of this ordinance,or by reason or in consequence of
any inspection,notice,order,certificate,permission or
approval authorized or issued or done in connection with the
implementation or enforcement of this ordinance,or by reason of
any action or inaction on the part of the City related in any
manner to the enforcement of this ordinance by its officers,
employees or agents.
ORDINANCE -18
/mv/titlelO.ord
Section 54.Severability.Should any section,subsection,
paragraph,sentence,clause or phrase of this ordinance or its
application to any person or situation be declared
unconstitutional or invalid for any reason,such decision shall
not affect the validity of the remaining portions of this
ordinance or its application to any other person or situation.
The City Council of the City of Marysville hereby declares that
it would have adopted this ordinance and each section,
subsection,sentence,clause,phrase or portion thereof
irrespective of the fact that anyone or more sections,
subsections,sentences,clauses,phrases or portions be declared
invalid or unconstitutional.
Section 55.Savings.Nothing contained in this ordinance
shall be construed as abating any action now pending under or by
virtue of any ordinance of the City herein superseded;or as
discontinuing,abating,modifying or altering any penalty accrued
or to accrue,or as affecting the liability of any person,firm
or corporation,or as waiving any right of the City under any
ordinance or provision thereof in force at the time of passage of
this ordinance.
0~PASSED by the City Council and APPROVED by the Mayor this
I day of January,1995.
CITY~MARYSVILLE
By ~r/u)&it1
ATTEST:
~~~.........--;--J}.
By -.
:?'"cITY CLERK
Approved as to form:
ByLJI\:o-A!t k--C;J»<!!
,CITY ATTORNEY
MAYOR
Date of Publication:1-1/-'1£
Effective Date (5 days after publication)
ORDINANCE -19
/mv/titlelO.ord
/-/fo-9:)