ferndale city council request for council action bill h... · care should be known to, while off...

Ferndale City Council

REQUEST FOR COUNCIL ACTION Department Prepared By CITY CLERKrsquoS OFFICE

AGENDA BILL 17-02-009

TITLE

Ordinance Resolution Motion Info Only Discussion Date Council Action Requested February 21 2017 Prepared by Susan Duncan City Clerk Reviewed By Date 2152017

SUBJECT Animal Control Amendments

Committee PampLU PWampU FampA

Mayor X

City Administrator X

City Clerkrsquos Office X

Community Development Dept X

Public Works Department

City Attorneyrsquos Office

Finance Director

Police Department

BoardCommission

Hearings Examiner ACTION REQUESTED VOTE NEEDED TO PASS

SUMMARY Please see staff report

DISCUSSIONANALYSISISSUES Planning amp Land Use Committee members unanimously forwarded this item to the full Council RECOMMENDATIONS Approval of AB 17-02-009 ATTACHMENTS Staff Report Ordinance

H

95

1

City of Ferndale

CITY COUNCIL STAFF REPORT

MEETING DATE ______________AGENDA BILL __________

SUBJECT Amendments to Ferndale Municipal Code Chapter 602 - ANIMAL CONTROL ORDINANCE ndash

DATE February 21 2017 FROM Jesse Ashbaugh PRESENTATION BY Jesse Ashbaugh

EXHIBITS

1 Proposed Text Amendments to Ferndale Municipal Code FMC 602 (Animal Control Ordinance)

RECOMMENDATIONS Staff recommends approval of the attached amendments to Ferndale Municipal Code FMC 602 (Animal Control Ordinance) Apart from a multi-part test to exempt the prohibition of animal enclosures in the front yard (see below in red italics) staffrsquos redlines of FMC 602 remain consistent with those proposed to Council Committee on February 15 2017 The Planning and Land Use Committee has placed the item on the regular Council agenda no public hearing is required BACKGROUND The City Council directed Staff to develop modifications to the existing Animal Control Ordinance with the goal of regulating the appearance and location of certain animal enclosures on private property and clarifying other limitations on animals on those properties Staff introduced draft amendments to Ferndale Municipal Code FMC 602 (Animal Control Ordinance) at the February 1st 2017 Council Committee meeting The amendments regulate chickens ducks and rabbits where the FMC had no prior provisions Staff believes that the proposed changes will help clarify the regulations

96

2

The amendments will also help staff more effectively enforce violations of the FMC Animal Control chapter During the February 1st meeting City Council Committee members supported the need for the changes The Committee had few comments but directed staff to make changes to the amendments that reflect Councilrsquos desire to regulate chickens ducks and rabbits in the same manner In addition the Committee announced that 602206 (3) ndash Chickens rabbits and ducks (Chickens may not be slaughtered) - should be removed altogether A final draft is provided to the Council based on this direction The redlines are highlighted in the attached Exhibit 1 ANALYSIS The following changes proposed in this report reflect the direction given to staff at the February 1st Council Committee meeting The section ldquo602206 Chickensrdquo is updated to ldquo602206 Chickens ducks and rabbitsrdquo Items 1 and 4 were amended to include ducks and rabbits Section 3 was removed entirely Section 1 has been updated to ldquoChickens ducks or rabbits shall not be allowed to run at large and shall be enclosed within a henhouse coop or chicken tractor hutch or other suitable enclosure at all timesrdquo Section 4 has been updated to ldquoA minimum of 10 square feet per chicken duck or rabbit and 1 square feet per chick or duckling within an onsite enclosure must be providedrdquo Section 3 ldquoChickens may not be slaughteredrdquo was removed entirely The following change are proposed in response to direction provide to staff at the February 15 2017 Council Committee meeting 602209 7 In some cases the Director may determine that an animal enclosure that is located in the front yard does not constitute a nuisance and does not need to be relocated as required by FMC 602209 (34 and 5) In making this determination the Director shall determine that all of the following apply

a The enclosure is not permanent and can be readily moved or relocated without additional modification

b No complaints have been filed with the City related to the enclosure c The enclosure is not unsightly or unhealthy In making this determination the

Director shall consider whether the enclosure has remained in one location

97

3

for such a period of time that the lawn or vegetation has died or no longer exists and whether animal waste andor bedding has been reasonably maintained to so as not to constitute a nuisance

d The enclosure meets all other dimensional and locational requirements of this chapter and is not in conflict with other regulations enforced by the City

e No more than one enclosure may be placed within the front yard at one time CONCLUSIONS Staff recommends that Council adopt the proposed changes to the Animal Control ordinance

98

ORDINANCE NO ____ __________________________________________________________________

AN ORDINANCE OF THE FERNDALE CITY COUNCIL AMENDING

CHAPTER 602 OF THE FERNDALE MUNICIPAL CODE (ANIMAL

CONTROL ORDINANCE) FOR THE PURPOSE OF CLARIFYING

REGULATIONS REGARDING THE KEEPING OF DOMESTIC ANIMALS

AND THE PLACEMENT OF ANIMAL ENCLOSURES

__________________________________________________________________

WHEREAS the City of Ferndale seeks to establish regulations that provide

clear guidance to the community and staff regarding keeping domestic

animals and


clear guidance to the community and staff regarding the placement of

enclosures for domestic animals and

WHEREAS the City of Ferndale has commenced review of existing

regulations and

WHEREAS the City of Ferndale seeks to clarify what constitutes a violation

of Chapter 602 of the Ferndale Municipal Code

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF FERNDALE DO

ORDIAN AS FOLLOWS

Section 1 Ferndale Municipal Code 602 (Animal Control Ordinance) shall

be amended as shown in Exhibit 1

Section 2 Severability If any section sentence clause or phrase of this

ordinance should be held invalid or unconstitutional by a court of competent

jurisdiction such invalidity or unconstitutionality shall not affect the validity

or constitutionality of any other section sentence clause or phrase of this

ordinance

Section 3 Effective Date This ordinance shall go into effect five days

after publication

APPROVED AND ADOPTED by the Ferndale City Council this 21st day of February 2017 ATTEST

__________________________ __________________________

Jon Mutchler MAYOR Susan Duncan CMCCITY CLERK

99

Exhibit 1

Chapter 602

ANIMAL CONTROL ORDINANCE

Sections

602010 Title

602020 Definitions

602030 Purpose

602035 Number of dogs allowed in households

602040 Dogs ndash License required

602050 Dogs ndash Issuance of licenses and tags ndash Transferability ndash Attaching tag

602053 Number of cats allowed in households

602055 Cats ndash License required

602058 Cats ndash Issuance of licenses and tags ndash Transferability ndash Attaching tag (optional)

602059 Microchipping of cats

602060 License fees

602070 Proof of rabies inoculation

602080 Dog license exemptions

602085 Discretion and responsibility of Police Chief and Animal Control Officer

602090 Dogs and cats ndash Confiscation and impoundment ndash Redemption

602100 Euthanasia of animals

602110 Animal at large

602120 Confinement and redemption of biting dogs

602130 Trespassing domestic animals and livestock prohibited ndash Requirement to remove fecal

matter

602140 Noisy dogs or domestic animals prohibited

602150 Chasing and intimidating dogs prohibited

602160 Commission for officers enforcing

602170 Duties of Animal Control Officer

100

602180 Obstructing process of impoundment ndash Penalty

602190 Entering private property to take possession of a domestic animal

602200 Leash required

602202 Exemptions to leash requirement

602205 Possession of any exotic animal livestock or fowl prohibited with exceptions

602207 Chickens ducks and rabbits

602209 Animal enclosures

602210 Cruelty to animals

602215 Potentially dangerous dogs and dangerous dogs ndash Declarations ndash Exceptions ndash Hearings ndash

Restrictions ndash Change of ownershipaddress ndash Violation and penalties

602220 Dangerous dogs

602225 Dangerous dogs ndash Restrictions ndash Violations

602230 Licensing ndash Animal shelters kennels catteries animal rescue hobby kennels hobby

catteries pet shops grooming services ndash General requirements

602240 Kennel permit required

602250 Commercial kennels and pet shops

602260 Special hobby kennel or hobby cattery license

602270 Grooming parlors ndash Conditions

602280 Penalties

602290 Notice of abatement ndash Penalties

602300 Notice of abatement ndash Petition

602310 Third-party liability

602320 Severability

602330 Savings

602010 Title

The ordinance codified in this chapter may be cited as ldquothe animal control ordinancerdquo (Ord 1503 sect 1

2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)

602020 Definitions

As used in this chapter 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

101

plural plural usage includes the singular ldquoshallrdquo means mandatory not directory and the masculine

gender includes the feminine

1 ldquoAdult dog or catrdquo means any dog or cat over the age of six months

2 ldquoAnimal control officerrdquo means an employee or contract provider appointed andor commissioned

by the City to investigate and enforce the provisions of this chapter

3 ldquoAnimalrdquo means any live vertebrate creature reptile amphibian or bird except man

4 ldquoAnimal at largerdquo means any domestic animal or livestock off the property of its owner unless

restrained by leash tether or other physical control device not to exceed eight feet in length and under

the physical control of a responsible person

5 ldquoAnimal enclosurerdquo An area surrounded on all sides by a fence corral pen pipe post rail wall or

other barrier (or a combination) for the keeping of animals including but not limited to chickens rabbits

or other domestic animals An Animal Enclosure may be covered or uncovered and may have a solid wall

on more than one side

56 ldquoCityrdquo means the City of Ferndale

67 ldquoBiting dogrdquo means any dog known to have been provoked and bitten any person or persons or

other animal or domestic animal

78 ldquoChasing and intimidating dogrdquo means any dog which is known or in the exercise of reasonable

care should be known to while off the dogrsquos property chase run after or jump at vehicles skateboards

or other similar devices or bikes or which habitually snaps growls jumps at or upon or otherwise

threatens or intimidates persons or other domestic animals or livestock

89 ldquoDangerous dogrdquo means any dog that according to the records of the appropriate authority (a)

has inflicted severe injury on a human being domestic animal or livestock without provocation while on

or off the ownerrsquos property or (b) 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 livestock or domestic animals

910 ldquoDogrdquo as used herein shall also refer to other domestic animals

1011 ldquoDomestic animalrdquo means an animal that has been tamed and kept by humans as a work animal

food source or pet

1112 ldquoEuthanasiardquo means the putting to death of an animal in a humane manner

1213 ldquoExotic wild or dangerous animalrdquo 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

102

1314 ldquoGuard or attack dogrdquo means an aggressive dog trained to guard persons or property and often

trained to attack or restrain on command

1415 ldquoLivestockrdquo includes horses cattle sheep donkeys emus ostriches bison buffaloes llamas

goats swine emus ostriches roosters ducks geese and similar fowl with the exception of chickens or

other animals raised primarily for use as food or fiber for human utilization or consumption with the

exception of chickens and ducks

1516 ldquoOwnerrdquo 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 them

1617 ldquoNeuteredrdquo or ldquospayedrdquo 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

1718 ldquoNoisy dog or catrdquo means any dog or cat that is allowed to unreasonably disturb persons by

habitually barking howling yelping whining or making other oral noises

1819 ldquoPotentially dangerous dogrdquo means any dog that when unprovoked (a) attacks a human

livestock or a domestic animal either on public or private property or (b) chases or approaches a

person(s) on public or private property other than the residence of the animal in a menacing fashion or

apparent attitude of attack or (c) 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

1920 ldquoSevere injuryrdquo means an injury received that requires immediate medical attention including

but not limited to stitches broken bones or disfiguring lacerations requiring multiple sutures cosmetic

surgery or other medical procedures

2021 ldquoTrespassing dogsrdquo means to trespass on private or public property without the permission or

consent of the property owner (Ord 1583 sect 1 2010 Ord 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord

1307 sect 1 2003 Ord 1284 sect 1 2002)

602030 Purpose

It is hereby declared that the public policy of the City of Ferndale is to encourage secure and enforce

those animal control measures deemed desirable and necessary for the protection safety and welfare

of humans domestic animals and livestock 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 protect the residential

character of surrounding properties by limiting where domestic animals roam regulating the

appearance and location of their enclosures to provide a means of licensing dogs and cats confiscating

ldquoat largerdquo domestic animals and livestock impounding domestic animals and livestock and controlling

animal behavior to prevent injury to property or curtail cruelty to animals while encouraging responsible

pet ownership and livestock husbandry (Ord 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)


It shall be a civil infraction to own or maintain over four dogs over the age of three months in any

single-family residence or household unless duly licensed and recognized by proper authority as a

103

kennel hobby kennel cattery veterinary office or similar licensed and proper use (Ord 1503 sect 1 2008

Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)


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 Ferndale unless

the person firm or corporation has first procured a license therefor as provided in this chapter (Ord

1503 sect 1 2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)


It shall be the duty of the Animal Control Officer or contracted provider to issue licenses to persons

applying therefor upon payment of the license fee 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 Replacements for lost tags shall be ldquoat costrdquo to be determined by the Cityrsquos

Animal Control Officer (Ord 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)


It shall be a civil infraction to own or maintain over four cats over the age of three months in any


kennel hobby kennel cattery animal rescue veterinary office or similar licensed and proper use (Ord




otherwise be the custodian of any cat over the age of three months within the City of Ferndale unless




It shall be the duty of the Animal Control Officer to issue licenses to persons applying therefor upon

payment of the license fee Upon the issuance of a license a metal tag with number corresponding to

the number of the application shall be furnished the applicant Affixing or attaching the tag to the collar

of the licensed cat is optional though the City strongly encourages responsible owners to do so in order

to identify said cat(s) in the event of impoundment being at large or off-premises death Animal tags

shall not be transferable from one animal to another Replacements for lost tags shall be ldquoat costrdquo to be

determined by the Cityrsquos Animal Control Officer (Ord 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord 1284 sect

1 2002)


For cats it shall be permissible for the owner to have the cat microchipped rather than having a metal

license tag (Ord 1503 sect 1 2008 Ord 1497 sect 1 2008)

602060 License fees

104

The most current City of Ferndale fee schedule specifically addresses dog and cat licenses

Documentation from a veterinarian or other sufficient medical proof must be provided when licensing a

neutered or spayed dog andor cat The City Council may revise any or all license fees by resolution

(Ord 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)


No license hereunder shall be granted unless the applicant shall have presented to the City or its

appointee a certificate from a licensed veterinarian that the animal has been inoculated against rabies

and that said inoculation is current (Ord 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)


The licensing provisions of this chapter shall not apply to dogs 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 30 days Also when a blind physically disabled or hearing-impaired person requests that no

fee be charged to license hisher guide dog or service dog no fee shall be charged upon submission of

medical documentation attesting to said disability andor service animal certification from a bona fide

and recognized authority (Ord 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)


The Chief of Police shall have sole discretion with consultation with the Animal Control Officer to

declare a dog to be dangerous or potentially dangerous The Animal Control Officer shall have the sole

discretion to declare a dog to be (a) a chasing and intimidating dog (b) an animal at large andor (c) a

biting dog The Animal Control Officer shall remain responsible for investigation documentation and

administration of the provisions of this chapter (Ord 1503 sect 1 2008 Ord 1497 sect 1 2008)


A The Animal Control Officer may confiscate and impound dogs and cats which fall in one or more of

the following categories

1 Those dogs and cats which are not licensed as defined in FMC 602040 and 602055

2 Those dogs and cats which do not exhibit the identification tag as required in

FMC 602050 602058 and 602059

3 Potentially dangerous dogs as defined in FMC 602020(18)

4 Biting dogs as defined in FMC 602020(6)

5 Dangerous dogs as defined in FMC 602020(8)

6 Noisy dogs and cats as defined in FMC 602020(17)

7 Trespassing dogs and cats as defined in FMC 602020(20)

8 Dogs running in packs

9 Chasing or intimidating dogs as defined in FMC 602020(7)

105

10 Animals habitually running at large as defined in FMC 602020(4)

B The Animal Control Officer or contracted provider shall use his or her 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 adopted or euthanized by paying to the City or contracted provider the

sums set forth in the City of Ferndale fee schedule

C Any unaltered dog or cat impounded more than once within a 12-month period shall be spayed or

neutered by the animal control authority prior to the release of the dog The cost of the spay or neuter

shall be charged to the owner who shall pay the charge prior to redeeming the dog

D The owner of an unaltered dog or cat that has been impounded more than once within a 12-month

period may within 72 hours of impoundment request a hearing before the animal control authority If

after consideration of all relevant evidence the animal control authority determines that the owner has

shown good cause to excuse the circumstances leading to the impoundment of the dog or cat the dog

or cat may be released without being subject to the spaying or neutering requirements of subsection (C)

of this section If good cause is found the animal control authority may however condition the return

of the dog in an unaltered state upon the ownerrsquos fulfillment of reasonable conditions designed to avert

future incidents The owner may upon written notice given to the animal control authority and the

Court Services Manager within 72 hours of the animal control authorityrsquos decision appeal the animal

control authorityrsquos decision to the Cityrsquos Municipal Court Judge whose review shall be limited to

whether the animal control authorityrsquos decision was arbitrary or capricious The filing of a request for

hearing or appeal upon notice to the animal control authority shall stay the 120-hour redemption

period of this section until the completion of the hearing or appeal (Ord 1519 sect 1 2009 Ord 1503 sect 1

2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)


The Animal Control Officer or other properly certified person shall have the authority to euthanize 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

A Immediately upon determining that it would be humane to euthanize an injured or diseased animal

and the animal is unlicensed or the owner cannot be located Determination of whether the animal will

be euthanized will be made by a veterinarian Animal Control Officer or police officer

B No sooner than 120 hours after an animal has been impounded pursuant to this chapter unless

determined by the attending veterinarian or Animal Control Officer that extenuating circumstances

concerning the animalrsquos welfare are present (Ord 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord 1284 sect 1

2002)


Any animal is subject to confiscation and impoundment if it is found to be an ldquoanimal at largerdquo as

defined in FMC 602020(4) (Ord 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)


106

A It is unlawful for the owner or owner(s) of a ldquobiting dog(s)rdquo as defined in FMC 602020(6) to harbor

or keep such dog without permitting an examination or inspection of such dog after due demand

therefor by the animal control authority or other law enforcement officer In all reported cases of biting

dogs the biting dog shall immediately be confiscated and quarantined apart from other animals for a

10-day observation period pursuant to WAC 246-100-191(4) At the discretion of the Animal Control

Officer or other law enforcement officer this quarantine may take place at the home of the owner of

the biting dog provided that the owner is able to ensure such quarantine or the dog may be

confiscated and quarantined at another location

B Any dog impounded under this section may be redeemed at the expiration of such period upon the

determination of the Animal Control Officer that it is showing no sign of disease and upon the payment

to the impounding authority of the maintenance charge for each day of confinement as set forth in the

Cityrsquos most current fee code or schedule or the fee provisions of the contracted animal control

authority (Ord 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord 1289 sect 1 2002 Ord 1284 sect 1 2002)


matter

A It is unlawful to permit any domestic animal or livestock to trespass as defined in FMC 602020(20)

on private or public property or to befoul any property

B It is unlawful to fail to remove fecal matter deposited by a domestic animal on the property of

another before the owner andor said animal leaves the immediate area in which the fecal matter was

deposited

C It is unlawful for a person with a domestic animal to fail to have in his or possession the equipment

necessary to remove fecal matter deposited by an animal when on public property or a public right-of-

way (Ord 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)


It is unlawful to allow a dog or other domestic animal to unreasonably disturb persons with loud and

continuous noises as defined in FMC 602020(17) (Ord 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord 1284

sect 1 2002)


It is unlawful for any person firm or corporation which owns possesses harbors or has control or

charge of chasing andor intimidating dog(s) as defined in FMC 602020(7) to allow the chasing andor

intimidating dog(s) to run at large and not under restraint (Ord 1503 sect 1 2008 Ord 1497 sect 1 2008

Ord 1284 sect 1 2002)


Appointees of the City of Ferndale charged with the duty of controlling animals shall have limited law

enforcement commission to enforce provisions of this chapter (Ord 1503 sect 1 2008 Ord 1497 sect 1

2008 Ord 1284 sect 1 2002)


107

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 hisher custody until the same shall be released

or sold as provided by this chapter Upon receipt of any animal heshe shall forthwith keep a report

with the name of the person delivering the same to himher 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 heshe shall also report the release of all animals under hisher charge showing the name of the

owner to whom delivered together with the amount realized on such release If the Animal Control

Officer is a City employee the Ferndale 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 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)


It is a gross misdemeanor for any person to prevent or hinder or to attempt to prevent or hinder the

confiscating and impounding of any domestic 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 impoundment or to aid in any

attempt to remove any animal or animals from impoundment (Ord 1503 sect 1 2008 Ord 1497 sect 1

2008 Ord 1284 sect 1 2002)


The Animal Control Officer may enter the unenclosed private property of another with or without

warrant to take possession of any domestic animal observed by the Animal Control Officer in violation

of this chapter (Ord 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)


It is unlawful for the owner or custodian of any dog to cause permit or allow such dog to roam run be

at large or to be away from the premises of such owner or custodian and to be on any public place or

on any public property unless permitted by law or the private property of another in the City of

Ferndale unless such dog while away from such premises is controlled by a leash or lead such control

to be exercised by such owner or custodian or other competent and authorized person Any dog found

roaming running being at large or being away from such premises and not on a leash as provided in this

section may be confiscated and impounded subject to redemption in the manner provided by this

chapter (Ord 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)


This chapter shall not apply to any Ferndale canine units any county tribal state or federal canine units

engaged in mutual aid in the City nor to any search-and-rescue animals under any unified command

situation in the City or as otherwise allowed by law (Ord 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord

1284 sect 1 2002)


108

It is prohibited for persons to own or have control or possession of any exotic animal livestock or fowl

as defined in FMC 602020(132) within the City of Ferndale except for duly licensed commercial

establishments (Ord 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)


Chickens ducks and rabbits may be kept within the City limits of Ferndale provided

1 Chickens ducks or rabbits shall not be allowed to run at large and shall be enclosed

within a henhouse coop or chicken tractor hutch or other suitable enclosure at all

times

2 No roosters are allowed

3 A minimum of 10 square feet per chicken duck or rabbit and 1 square feet per chick or

duckling within an onsite enclosure must be provided

4 The enclosure must comply with all applicable setback requirements for the particular

use zone in which it is located

5 The enclosure must be predator-proof on all sides and top and

6 The enclosure must provide reasonable shelter from the elements


1 All animal enclosures and premises upon which any permitted animals are kept and

confined shall be kept in a clean healthful and sanitary condition by the person

owning possessing or using any such premises for said purposes and no persons

owning possessing or using any such premises shall permit any nuisance to be

formed or to accumulate thereon

2 All enclosures in which any permitted animals are kept and confined shall be less than

120 square feet in area

3 Animal enclosures shall be located only in rear yards or side yards

4 Animal enclosures shall not be located forward of that point on the primary structure

closest to the street except in garages

5 If the height of the animal enclosure is six feet or less it shall have a minimum setback

of four feet from any side yard property line and zero feet from the rear yard If such

enclosure is over six feet in height it shall meet the setbacks for an accessory

structure as defined in FMC 1872050 in no case shall such an enclosure be forward

of the primary residence

6 Animal enclosures shall be kept in a good working condition shall not cause odor or

noise nuisances and shall not be deemed unsightly from any public right-of-way as

determined by the administrator

109

7 In some cases the Director may determine that an animal enclosure that is located in

the front yard does not constitute a nuisance and does not need to be relocated as

required by FMC 602209 (3 4 and 5) In order to make this determination the

Director shall determine that all of the following apply

a The enclosure is not permanent and can be readily moved or relocated without

additional modification

b No complaints have been filed with the City related to the enclosure

c The enclosure is not unsightly or unhealthy In making this determination the

Director shall consider whether the enclosure has remained in one location for such a

period of time that the lawn or vegetation has died or no longer exists and whether

animal waste andor bedding has been reasonably maintained to so as not to

constitute a nuisance

d The enclosure meets all other dimensional and locational requirements of this

chapter and is not in conflict with other regulations enforced by the City

e No more than one enclosure may be placed within the front yard at one time


The following RCW statutes regarding cruelty to animals are incorporated by reference

RCW

4661660 Carrying animal on outside of vehicle

1652011 Definitions

1652015 Enforcement powers

1652080 Transporting or confining animals in an unsafe manner

1652085 Removal of neglected animals for feeding and restoration to health ndash Examination notice ndash

Return ndash Nonliability

1652090 Docking horses ndash Misdemeanor

1652095 Cutting ears ndash Misdemeanor

1652100 Confinement without food and water

1652110 Old or diseased animals at large

1652117 Animal fighting ndash Owner trainers spectators ndash Exceptions

1652180 Limitations on application of chapter

1652185 Exclusions from chapter

110

1652190 Poisoning animals

1652193 Poisoning animals ndash Strychnine sales

1652195 Poisoning animals ndash Penalty

1652200 Sentences ndash Forfeiture of animals ndash Liability for costs ndash Civil penalty

1652205 Animal cruelty in the first degree

1652207 Animal cruelty in the second degree

1652210 Destruction of animal by law enforcement officer ndash Immunity from liability

1652300 Dogs or cats used as bait ndash Penalties

(Ord 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord 1289 sect 1 2002 Ord 1284 sect 1 2002)



A While on the ownerrsquos property a potentially dangerous or dangerous dog shall be confined indoors

or in a securely enclosed and locked pen or structure suitable to prevent the entry of young children and

designed to prevent the animal from escaping Such pen or structure shall have secure sides and a

secure top and shall also provide protection from the elements for the dog

B The Ferndale Police Chief with consultation with the Animal Control Officer may find and declare

an animal potentially dangerous or dangerous if it has been determined that there is probable cause to

believe that the animal falls within the definition set forth in FMC 602020(8) andor (18) The Animal

Control Officer shall remain responsible for investigation documentation and administration of the

provisions of this chapter

C The declaration of potentially dangerous dog or dangerous dog shall be in writing and shall be

served on the owner or keeper of the dog either by certified mail to the owner or keeperrsquos last known

address or personally or if the owner or keeper cannot be located by one of the first two methods

then by publication in a newspaper of general circulation

D The declaration shall state at least

1 A description of the animal

2 The name and address of the owner or keeper of the animal

3 The whereabouts of the animal if it is not in the custody of the owner or keeper

4 The facts upon which the declaration of potentially dangerous dog or dangerous dog is based

5 The availability of a hearing in case the person objects to the declaration

6 The restrictions placed on the animal as a result of the declaration

7 The penalties for violation of the restrictions including the possibility of euthanizing the dog and

imprisonment or fining of the owner or keeper

111

E No dog shall be declared potentially dangerous if the threat injury or damage was sustained by a

person who at the time was committing a willful trespass or was committing or attempting to commit a

crime upon the premises occupied by the owner or keeper of the dog or was tormenting abusing or

assaulting the dog or has in the past been observed or reported to have tormented abused or

assaulted the dog

F No dog shall be declared potentially dangerous or dangerous if the dog was in the act of protecting

itself its owner or others from attack from another person or dog be it on or off the dogrsquos property

assuming however that the dog was acting in self defense or in defense of its handlers andor owners

G If the owner or keeper of the dog wishes to object to the declaration of potentially dangerous dog

1 The owner or keeper may within five days of receipt of the declaration or within five days of the

publication of the declaration pursuant to subsection (C) of this section request a hearing before the

Municipal Court by submitting a written request to the clerk of the Court

2 If the Court finds that there is insufficient evidence to support the declaration it shall be rescinded

and the restrictions imposed thereby annulled

3 If the Court finds sufficient evidence to support the declaration it shall impose court costs on the

appellant and may impose additional restrictions on the animal

H The following restrictions shall apply immediately upon the declaration of an animal as either a

potentially dangerous dog or a dangerous dog and shall remain in effect for the life of the animal unless

sooner modified or rescinded by order of the Ferndale Municipal Court or any other court of competent

jurisdiction

1 While away from the premises of the ownerkeeper the animal must be securely muzzled and

leashed and under the control of a person 18 years of age or older who is physically able to restrain and

control the animal

2 While on the premises of the owner or keeper the animal must be confined inside the residence of

the ownerkeeper or inside another secure four-walled structure with a roof and a door that can be

securely fastened In the alternative the animal may be confined in a kennel pen or other secure

enclosure with sides bottom top and a door that can be securely fastened

3 In addition to the restrictions contained in subsections (H)(1) and (2) of this section the animal shall

be implanted with an identifying microchip provided by the animal control officer within 14 days of the

declaration or within 14 days of a decision by a court of competent jurisdiction upholding the

declaration on appeal pursuant to subsections (G)(1) through (3) of this section whichever is longer

I It shall be unlawful for an ownerkeeper of a potentially dangerous or dangerous dog to fail to

comply with the restrictions set forth in subsection (H) of this section in addition to any other

restrictions imposed on the keeping of a potentially dangerous or dangerous dog by the Ferndale

Municipal Court or any other court of competent jurisdiction Any violation of this section is a

misdemeanor with a penalty of not more than $2000 and imprisonment not exceeding 90 days or both

such fine and imprisonment

112

J The owner andor keeper of a dog that has been declared potentially dangerous or dangerous who

sells or otherwise transfers ownership custody or residence of the dog shall within 10 days of the

change inform the Animal Control Officer in writing of the name address and telephone number of the

new owner andor the address of the new residence where the dog is located The owner or keeper

shall also notify the new ownerkeeper in writing of the details of the dogrsquos record relating to being

declared potentially dangerous or dangerous and the terms and conditions of the declaration The

owner or keeper shall also provide the Animal Control Officer with a copy of the written notification

which shall contain a notarized statement by the new owner acknowledging to the Animal Control

Officer receipt of the original notification

K A court appearance of the owner or keeper charged with a violation of this section shall be

mandatory The penalty for violation of this section is a gross misdemeanor punishable by imprisonment

for a period not to exceed one year or a fine not to exceed $5000 or both fine and imprisonment

L If an animal is at large and severely injures a person livestock or domestic animal the dog shall be

immediately confiscated and placed in quarantine for the proper length of time Should the

determination be made that the dog is dangerous or potentially dangerous it will thereafter be altered

prior to its potential return to its owner

M Should a previously declared potentially dangerous dog be at large but not attack or injure a

person domestic animal andor livestock it shall be confiscated and quarantined for the proper length

of time Should a previously declared potentially dangerous dog be at large for a second time but not

attack or injure a person domestic animal andor livestock it shall be confiscated and euthanized

N The owner or keeper of any dog that aggressively attacks and causes severe injury or death of any

human domestic animal or livestock if the dog has previously been declared potentially dangerous

shall be guilty of a class C felony In addition the dog shall be immediately confiscated placed in

quarantine for the proper length of time and thereafter euthanized in an expeditious and humane

manner

O If an animal is determined to be potentially dangerous the property owner where the animal

resides shall be required to secure a policy of liability insurance such as homeownersrsquo insurance issued

by an insurer qualified under RCW Title 48 in the amount of $500000 as provided in

Chapter 1608 RCW payable to any person injured by the animal insuring and indemnifying the City of

Ferndale for any personal injuries inflicted by the animal Proof of such surety bond and liability

insurance shall be provided to the City annually (Ord 1583 sect 1 2010 Ord 1519 sect 2 2009 Ord 1503

sect 1 2008 Ord 1497 sect 1 2008 Ord 1393 sect 1 2006 Ord 1289 sect 1 2002)


The following RCW statutes regarding dangerous dogs are incorporated by reference

RCW

1608070 Definitions

1608080 Registration

1608090 Restraint

113

1608100 Confiscation ndash Penalties



A It is unlawful for an owner to have a dangerous dog or a guard or attack dog in the City without a

certificate of registration as required by Chapter 1608 RCW

B It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper enclosure

as defined in Chapter 1608 RCW unless the dog is muzzled and restrained by a substantial chain or

leash and under the control of a person 18 years of age or older physically able to restrain and control

the animal The owner of the dog shall permit the Animal Control Officer to implant an identifying

microchip in the dog and shall not remove nor cause to be removed said microchip The owner of a

dangerous dog shall further be required to post on the premises a warning sign clearly visible to the

public warning that there is a dangerous dog on the property

C A dangerous dog shall be immediately confiscated by the animal control authority if

1 The dog is not validly registered under Chapter 1608 RCW or

2 The owner fails to maintain the liability insurance required under Chapter 1608 RCW and this

chapter or

3 The dog is not maintained in the proper enclosure or

4 The dog is not microchipped as provided in subsection (B) of this section or

5 The dog is outside the proper enclosure and not under physical restraint as required by subsection

(B) of this section

D In addition to the regular dog licensing fees the owner registration fee for dangerous dogs shall be

as contained in the Cityrsquos most current approved fee code or schedule This shall be an annual fee At

the time of initial application and upon annual renewal the applicant shall provide proof of insurance

coverage effective for the license period

E The violation of any of the provisions of this section shall be a gross misdemeanor punishable by a

maximum fine of $5000 andor imprisonment not to exceed up to one year in accordance with

RCW 1608100(1)

F If any dog that has previously been declared dangerous is at large whether it attacks and causes

severe injury or death of any human domestic animal or livestock or not the owner shall be guilty of a

class C felony In addition the dog shall be immediately confiscated placed in quarantine for the proper

length of time and thereafter euthanized in an expeditious and humane manner

G If an animal is determined to be dangerous the property owner where the animal resides shall be

required to secure a policy of liability insurance such as homeownersrsquo insurance issued by an insurer

qualified under RCW Title 48 in the amount of $1000000 as provided in Chapter 1608 RCW payable

to any person injured by the animal insuring and indemnifying the City of Ferndale for any personal

injuries inflicted by the animal Proof of such surety bond and liability insurance shall be provided to the

City annually (Ord 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord 1393 sect 2 2006 Ord 1284 sect 1 2002)

114



All animal shelters kennels catteries animal rescue operations hobby kennels hobby catteries pet

shops and grooming services must be licensed by the City Licenses will be valid for the year in which

application is made Fees shall be assessed as determined by resolution of the City Council and as

referenced in the fee schedule

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 (Ord 1503 sect 1 2008 Ord 1497 sect 1

2008 Ord 1284 sect 1 2002)


No person shall keep dogs andor cats over three months of age which exceed the maximums identified

in this chapter or operate a ldquocommercial kennelrdquo as identified in this chapter without first obtaining a

permit from the City subject to inspection by 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 this chapter or to operate a commercial kennel provided however in no event shall such

exception be granted for more than six dogs or cats without a conditional use permit from the City

Council The factors to be considered in granting or denying such an exception shall be the same as set

forth in FMC 602260(A)(1) through (3) Any aggrieved party may appeal the decision of the Animal

Control Officer to the City Hearings Examiner who is authorized to hear such appeals and make a

decision (Ord 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)


A General Conditions

1 Animal housing facilities shall be provided the animals and shall be structurally sound and shall be

maintained in good repair shall be designed so as to protect the animals from injury and restrict the

entrance of other animals

2 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

3 Electrical power shall be supplied in conformance with applicable electrical codes adequate to

supply heating and lighting as may be required by this chapter

4 Water shall be supplied at sufficient pressure and quantity to clean indoor housing facilities and

enclosures of debris and excreta

5 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

B Maintenance and Operation of Pet Shops

115

1 Provision shall be made for the removal and disposal of animal and food wastes bedding dead

animals and debris Disposal facilities shall be provided and operated as to minimize vermin infestation

odors and disease hazards

2 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

3 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

4 There shall be an employee 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

5 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

6 No person persons association firm or corporation shall misrepresent an animal to a consumer in

any way

7 No person persons association firm or corporation shall knowingly sell a sick or injured animal

8 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 (Ord 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)


A Persons owning more than four dogs and cats and 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 Officer which will allow them to retain the specific animals in their possession provided that

the following conditions are met

1 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 the ordinance codified in this chapter or at the time they are

contacted by an Animal Control Officer

2 The applicant is keeping the dogs and cats for the enjoyment of the species and not as a

commercial enterprise

3 Each dog and cat in the kennel or cattery shall have current and proper immunization from disease

according to the dogrsquos and catrsquos species and age Such shall consist of DHLPP (distemper hepatitis

leptospirosis parainfluenza and parvo virus) inoculation for dogs over three months of age and FVRCP

(feline viral rhinotracheitis calicivirus panluekopenia) for cats over two months of age and rabies

inoculations for all dogs and cats over six months of age

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

116

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 in this chapter

C The Animal Control Officer may deny any application or revoke a special hobby kennel license based

on past violations of this chapter by the applicantrsquos dogs and cats or complaints from neighbors

regarding the applicantrsquos dogs and cats or maintenance of such animals in inhumane conditions (Ord



Grooming parlors shall

A Not board animals but keep said animals only for a reasonable time in order to perform the

business of grooming

B Keep each animal in an individual cage

C Not permit animals therein kept for the direct purpose of grooming to have contact with other

animals kept therein

D Sanitize all equipment after each animal has been groomed

E Not prescribe treatment or medicine that is in the province of a licensed veterinarian as provided in

RCW 1892010

F Not leave animals unattended during the drying process

G Take reasonable precautions to prevent injury from occurring to any animals while in the custody of

said parlor

H Remove animal waste in a timely manner (Ord 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord 1284 sect 1

2002)

602280 Penalties

A Any violation of this chapter not otherwise designated a misdemeanor or gross misdemeanor shall

constitute a civil infraction punishable by a fine as outlined in the current fee schedule

B Any person violating any provision of this chapter not otherwise designated a misdemeanor or gross

misdemeanor three or more times in any 12-month period shall have committed a civil infraction

punishable by a fine as outlined in the current fee schedule

C Any violation of this chapter designated a misdemeanor shall be punishable by a maximum of 90

days imprisonment andor a maximum fine of $1000 as outlined in the current fee schedule

D Any violation of this chapter designated a gross misdemeanor shall be punishable by a maximum of

one year imprisonment andor a maximum fine of $5000 as outlined in the current fee schedule (Ord



117

Upon being advised of any violation of this chapter the Animal Control Officer shall serve notice upon

the owner or occupant of the subject premises requiring that the problem 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 commencing the hour and day of notice (Ord 1503 sect 1 2008 Ord 1497

sect 1 2008 Ord 1284 sect 1 2002)


Whenever it may be affirmed in writing by three or more persons having separate residences or

regularly employed in the neighborhood or the Animal Control Officer that any dog or cat is a problem

by reason of continued violations of any section of this chapter the Animal Control Officer shall serve

notice upon the owner or custodian of the dog or cat ordering that the problem 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 may be cause for impoundment of the dog or cat (Ord 1503 sect 1 2008 Ord 1497 sect 1

2008 Ord 1284 sect 1 2002)


A It is expressly the purpose of this chapter 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 chapter

B It is the specific intent of this chapter to place the obligation of complying with its requirements

upon the owner and possessors of animals and no provision nor any term used in this chapter 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 chapter shall be discretionary and not mandatory

C Nothing contained in this chapter is intended nor shall be construed to create or form the basis of

any liability on the part of the City or its officers employees or agents for any injury or damage

resulting from the failure to comply with the provisions of this chapter 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 chapter or by reason of any action or

inaction on the part of the City related in any manner to the enforcement of this chapter by its officers

employees or agents (Ord 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)

602320 Severability

Should any section subsection paragraph sentence clause or phrase of this chapter 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 chapter or its application to any other person or

situation The City Council of the City of Ferndale hereby declares that it would have adopted this

chapter and each section subsection sentence clause phrase or portion thereof irrespective of the fact

that any one or more sections subsections sentences clauses phrases or portions be declared invalid

or unconstitutional (Ord 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)

602330 Savings

118

Nothing contained in this chapter 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

the ordinance codified in this chapter (Ord 1503 sect 1 2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)

119

1

City of Ferndale

CITY COUNCIL STAFF REPORT

MEETING DATE ______________AGENDA BILL __________

SUBJECT Amendments to Ferndale Municipal Code Chapter 602 - ANIMAL CONTROL ORDINANCE ndash

DATE February 21 2017 FROM Jesse Ashbaugh PRESENTATION BY Jesse Ashbaugh

EXHIBITS

1 Proposed Text Amendments to Ferndale Municipal Code FMC 602 (Animal Control Ordinance)

RECOMMENDATIONS Staff recommends approval of the attached amendments to Ferndale Municipal Code FMC 602 (Animal Control Ordinance) Apart from a multi-part test to exempt the prohibition of animal enclosures in the front yard (see below in red italics) staffrsquos redlines of FMC 602 remain consistent with those proposed to Council Committee on February 15 2017 The Planning and Land Use Committee has placed the item on the regular Council agenda no public hearing is required BACKGROUND The City Council directed Staff to develop modifications to the existing Animal Control Ordinance with the goal of regulating the appearance and location of certain animal enclosures on private property and clarifying other limitations on animals on those properties Staff introduced draft amendments to Ferndale Municipal Code FMC 602 (Animal Control Ordinance) at the February 1st 2017 Council Committee meeting The amendments regulate chickens ducks and rabbits where the FMC had no prior provisions Staff believes that the proposed changes will help clarify the regulations

96

2





97

3




98

ORDINANCE NO ____ __________________________________________________________________






__________________________________________________________________



animals and





regulations and




ORDIAN AS FOLLOWS







ordinance


after publication


__________________________ __________________________


99

Exhibit 1

Chapter 602


Sections

602010 Title

602020 Definitions

602030 Purpose








602060 License fees









matter





100



















602280 Penalties




602320 Severability

602330 Savings

602010 Title


2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)

602020 Definitions



101




























food source or pet








050 and 232-12-060

102









occupied by them
















1307 sect 1 2003 Ord 1284 sect 1 2002)

602030 Purpose













103


Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)































1 2002)




602060 License fees

104



























FMC 602050 602058 and 602059








105






















2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)











2002)





106















matter





deposited







sect 1 2002)





Ord 1284 sect 1 2002)




2008 Ord 1284 sect 1 2002)


107


















2008 Ord 1284 sect 1 2002)


















1284 sect 1 2002)


108








times



























109


















RCW


1652011 Definitions












110


































111





assaulted the dog















jurisdiction



control the animal















112

























manner










RCW

1608070 Definitions


1608090 Restraint

113
















chapter or




(B) of this section







RCW 1608100(1)











114










2008 Ord 1284 sect 1 2002)




























115






equipment









any way






















116
















RCW 1892010



said parlor


2002)

602280 Penalties












117






sect 1 2008 Ord 1284 sect 1 2002)








2008 Ord 1284 sect 1 2002)
















602320 Severability








602330 Savings

118






119

2





97

3




98

ORDINANCE NO ____ __________________________________________________________________






__________________________________________________________________



animals and





regulations and




ORDIAN AS FOLLOWS







ordinance


after publication


__________________________ __________________________


99

Exhibit 1

Chapter 602


Sections

602010 Title

602020 Definitions

602030 Purpose








602060 License fees









matter





100



















602280 Penalties




602320 Severability

602330 Savings

602010 Title


2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)

602020 Definitions



101




























food source or pet








050 and 232-12-060

102









occupied by them
















1307 sect 1 2003 Ord 1284 sect 1 2002)

602030 Purpose













103


Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)































1 2002)




602060 License fees

104



























FMC 602050 602058 and 602059








105






















2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)











2002)





106















matter





deposited







sect 1 2002)





Ord 1284 sect 1 2002)




2008 Ord 1284 sect 1 2002)


107


















2008 Ord 1284 sect 1 2002)


















1284 sect 1 2002)


108








times



























109


















RCW


1652011 Definitions












110


































111





assaulted the dog















jurisdiction



control the animal















112

























manner










RCW

1608070 Definitions


1608090 Restraint

113
















chapter or




(B) of this section







RCW 1608100(1)











114










2008 Ord 1284 sect 1 2002)




























115






equipment









any way






















116
















RCW 1892010



said parlor


2002)

602280 Penalties












117






sect 1 2008 Ord 1284 sect 1 2002)








2008 Ord 1284 sect 1 2002)
















602320 Severability








602330 Savings

118






119

3




98

ORDINANCE NO ____ __________________________________________________________________






__________________________________________________________________



animals and





regulations and




ORDIAN AS FOLLOWS







ordinance


after publication


__________________________ __________________________


99

Exhibit 1

Chapter 602


Sections

602010 Title

602020 Definitions

602030 Purpose








602060 License fees









matter





100



















602280 Penalties




602320 Severability

602330 Savings

602010 Title


2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)

602020 Definitions



101




























food source or pet








050 and 232-12-060

102









occupied by them
















1307 sect 1 2003 Ord 1284 sect 1 2002)

602030 Purpose













103


Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)































1 2002)




602060 License fees

104



























FMC 602050 602058 and 602059








105






















2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)











2002)





106















matter





deposited







sect 1 2002)





Ord 1284 sect 1 2002)




2008 Ord 1284 sect 1 2002)


107


















2008 Ord 1284 sect 1 2002)


















1284 sect 1 2002)


108








times



























109


















RCW


1652011 Definitions












110


































111





assaulted the dog















jurisdiction



control the animal















112

























manner










RCW

1608070 Definitions


1608090 Restraint

113
















chapter or




(B) of this section







RCW 1608100(1)











114










2008 Ord 1284 sect 1 2002)




























115






equipment









any way






















116
















RCW 1892010



said parlor


2002)

602280 Penalties












117






sect 1 2008 Ord 1284 sect 1 2002)








2008 Ord 1284 sect 1 2002)
















602320 Severability








602330 Savings

118






119

ORDINANCE NO ____ __________________________________________________________________






__________________________________________________________________



animals and





regulations and




ORDIAN AS FOLLOWS







ordinance


after publication


__________________________ __________________________


99

Exhibit 1

Chapter 602


Sections

602010 Title

602020 Definitions

602030 Purpose








602060 License fees









matter





100



















602280 Penalties




602320 Severability

602330 Savings

602010 Title


2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)

602020 Definitions



101




























food source or pet








050 and 232-12-060

102









occupied by them
















1307 sect 1 2003 Ord 1284 sect 1 2002)

602030 Purpose













103


Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)































1 2002)




602060 License fees

104



























FMC 602050 602058 and 602059








105






















2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)











2002)





106















matter





deposited







sect 1 2002)





Ord 1284 sect 1 2002)




2008 Ord 1284 sect 1 2002)


107


















2008 Ord 1284 sect 1 2002)


















1284 sect 1 2002)


108








times



























109


















RCW


1652011 Definitions












110


































111





assaulted the dog















jurisdiction



control the animal















112

























manner










RCW

1608070 Definitions


1608090 Restraint

113
















chapter or




(B) of this section







RCW 1608100(1)











114










2008 Ord 1284 sect 1 2002)




























115






equipment









any way






















116
















RCW 1892010



said parlor


2002)

602280 Penalties












117






sect 1 2008 Ord 1284 sect 1 2002)








2008 Ord 1284 sect 1 2002)
















602320 Severability








602330 Savings

118






119

Exhibit 1

Chapter 602


Sections

602010 Title

602020 Definitions

602030 Purpose








602060 License fees









matter





100



















602280 Penalties




602320 Severability

602330 Savings

602010 Title


2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)

602020 Definitions



101




























food source or pet








050 and 232-12-060

102









occupied by them
















1307 sect 1 2003 Ord 1284 sect 1 2002)

602030 Purpose













103


Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)































1 2002)




602060 License fees

104



























FMC 602050 602058 and 602059








105






















2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)











2002)





106















matter





deposited







sect 1 2002)





Ord 1284 sect 1 2002)




2008 Ord 1284 sect 1 2002)


107


















2008 Ord 1284 sect 1 2002)


















1284 sect 1 2002)


108








times



























109


















RCW


1652011 Definitions












110


































111





assaulted the dog















jurisdiction



control the animal















112

























manner










RCW

1608070 Definitions


1608090 Restraint

113
















chapter or




(B) of this section







RCW 1608100(1)











114










2008 Ord 1284 sect 1 2002)




























115






equipment









any way






















116
















RCW 1892010



said parlor


2002)

602280 Penalties












117






sect 1 2008 Ord 1284 sect 1 2002)








2008 Ord 1284 sect 1 2002)
















602320 Severability








602330 Savings

118






119



















602280 Penalties




602320 Severability

602330 Savings

602010 Title


2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)

602020 Definitions



101




























food source or pet








050 and 232-12-060

102









occupied by them
















1307 sect 1 2003 Ord 1284 sect 1 2002)

602030 Purpose













103


Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)































1 2002)




602060 License fees

104



























FMC 602050 602058 and 602059








105






















2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)











2002)





106















matter





deposited







sect 1 2002)





Ord 1284 sect 1 2002)




2008 Ord 1284 sect 1 2002)


107


















2008 Ord 1284 sect 1 2002)


















1284 sect 1 2002)


108








times



























109


















RCW


1652011 Definitions












110


































111





assaulted the dog















jurisdiction



control the animal















112

























manner










RCW

1608070 Definitions


1608090 Restraint

113
















chapter or




(B) of this section







RCW 1608100(1)











114










2008 Ord 1284 sect 1 2002)




























115






equipment









any way






















116
















RCW 1892010



said parlor


2002)

602280 Penalties












117






sect 1 2008 Ord 1284 sect 1 2002)








2008 Ord 1284 sect 1 2002)
















602320 Severability








602330 Savings

118






119




























food source or pet








050 and 232-12-060

102









occupied by them
















1307 sect 1 2003 Ord 1284 sect 1 2002)

602030 Purpose













103


Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)































1 2002)




602060 License fees

104



























FMC 602050 602058 and 602059








105






















2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)











2002)





106















matter





deposited







sect 1 2002)





Ord 1284 sect 1 2002)




2008 Ord 1284 sect 1 2002)


107


















2008 Ord 1284 sect 1 2002)


















1284 sect 1 2002)


108








times



























109


















RCW


1652011 Definitions












110


































111





assaulted the dog















jurisdiction



control the animal















112

























manner










RCW

1608070 Definitions


1608090 Restraint

113
















chapter or




(B) of this section







RCW 1608100(1)











114










2008 Ord 1284 sect 1 2002)




























115






equipment









any way






















116
















RCW 1892010



said parlor


2002)

602280 Penalties












117






sect 1 2008 Ord 1284 sect 1 2002)








2008 Ord 1284 sect 1 2002)
















602320 Severability








602330 Savings

118






119









occupied by them
















1307 sect 1 2003 Ord 1284 sect 1 2002)

602030 Purpose













103


Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)































1 2002)




602060 License fees

104



























FMC 602050 602058 and 602059








105






















2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)











2002)





106















matter





deposited







sect 1 2002)





Ord 1284 sect 1 2002)




2008 Ord 1284 sect 1 2002)


107


















2008 Ord 1284 sect 1 2002)


















1284 sect 1 2002)


108








times



























109


















RCW


1652011 Definitions












110


































111





assaulted the dog















jurisdiction



control the animal















112

























manner










RCW

1608070 Definitions


1608090 Restraint

113
















chapter or




(B) of this section







RCW 1608100(1)











114










2008 Ord 1284 sect 1 2002)




























115






equipment









any way






















116
















RCW 1892010



said parlor


2002)

602280 Penalties












117






sect 1 2008 Ord 1284 sect 1 2002)








2008 Ord 1284 sect 1 2002)
















602320 Severability








602330 Savings

118






119


Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)































1 2002)




602060 License fees

104



























FMC 602050 602058 and 602059








105






















2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)











2002)





106















matter





deposited







sect 1 2002)





Ord 1284 sect 1 2002)




2008 Ord 1284 sect 1 2002)


107


















2008 Ord 1284 sect 1 2002)


















1284 sect 1 2002)


108








times



























109


















RCW


1652011 Definitions












110


































111





assaulted the dog















jurisdiction



control the animal















112

























manner










RCW

1608070 Definitions


1608090 Restraint

113
















chapter or




(B) of this section







RCW 1608100(1)











114










2008 Ord 1284 sect 1 2002)




























115






equipment









any way






















116
















RCW 1892010



said parlor


2002)

602280 Penalties












117






sect 1 2008 Ord 1284 sect 1 2002)








2008 Ord 1284 sect 1 2002)
















602320 Severability








602330 Savings

118






119



























FMC 602050 602058 and 602059








105






















2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)











2002)





106















matter





deposited







sect 1 2002)





Ord 1284 sect 1 2002)




2008 Ord 1284 sect 1 2002)


107


















2008 Ord 1284 sect 1 2002)


















1284 sect 1 2002)


108








times



























109


















RCW


1652011 Definitions












110


































111





assaulted the dog















jurisdiction



control the animal















112

























manner










RCW

1608070 Definitions


1608090 Restraint

113
















chapter or




(B) of this section







RCW 1608100(1)











114










2008 Ord 1284 sect 1 2002)




























115






equipment









any way






















116
















RCW 1892010



said parlor


2002)

602280 Penalties












117






sect 1 2008 Ord 1284 sect 1 2002)








2008 Ord 1284 sect 1 2002)
















602320 Severability








602330 Savings

118






119






















2008 Ord 1497 sect 1 2008 Ord 1284 sect 1 2002)











2002)





106















matter





deposited







sect 1 2002)





Ord 1284 sect 1 2002)




2008 Ord 1284 sect 1 2002)


107


















2008 Ord 1284 sect 1 2002)


















1284 sect 1 2002)


108








times



























109


















RCW


1652011 Definitions












110


































111





assaulted the dog















jurisdiction



control the animal















112

























manner










RCW

1608070 Definitions


1608090 Restraint

113
















chapter or




(B) of this section







RCW 1608100(1)











114










2008 Ord 1284 sect 1 2002)




























115






equipment









any way






















116
















RCW 1892010



said parlor


2002)

602280 Penalties












117






sect 1 2008 Ord 1284 sect 1 2002)








2008 Ord 1284 sect 1 2002)
















602320 Severability








602330 Savings

118






119















matter





deposited







sect 1 2002)





Ord 1284 sect 1 2002)




2008 Ord 1284 sect 1 2002)


107


















2008 Ord 1284 sect 1 2002)


















1284 sect 1 2002)


108








times



























109


















RCW


1652011 Definitions












110


































111





assaulted the dog















jurisdiction



control the animal















112

























manner










RCW

1608070 Definitions


1608090 Restraint

113
















chapter or




(B) of this section







RCW 1608100(1)











114










2008 Ord 1284 sect 1 2002)




























115






equipment









any way






















116
















RCW 1892010



said parlor


2002)

602280 Penalties












117






sect 1 2008 Ord 1284 sect 1 2002)








2008 Ord 1284 sect 1 2002)
















602320 Severability








602330 Savings

118






119


















2008 Ord 1284 sect 1 2002)


















1284 sect 1 2002)


108








times



























109


















RCW


1652011 Definitions












110


































111





assaulted the dog















jurisdiction



control the animal















112

























manner










RCW

1608070 Definitions


1608090 Restraint

113
















chapter or




(B) of this section







RCW 1608100(1)











114










2008 Ord 1284 sect 1 2002)




























115






equipment









any way






















116
















RCW 1892010



said parlor


2002)

602280 Penalties












117






sect 1 2008 Ord 1284 sect 1 2002)








2008 Ord 1284 sect 1 2002)
















602320 Severability








602330 Savings

118






119








times



























109


















RCW


1652011 Definitions












110


































111





assaulted the dog















jurisdiction



control the animal















112

























manner










RCW

1608070 Definitions


1608090 Restraint

113
















chapter or




(B) of this section







RCW 1608100(1)











114










2008 Ord 1284 sect 1 2002)




























115






equipment









any way






















116
















RCW 1892010



said parlor


2002)

602280 Penalties












117






sect 1 2008 Ord 1284 sect 1 2002)








2008 Ord 1284 sect 1 2002)
















602320 Severability








602330 Savings

118






119


















RCW


1652011 Definitions












110


































111





assaulted the dog















jurisdiction



control the animal















112

























manner










RCW

1608070 Definitions


1608090 Restraint

113
















chapter or




(B) of this section







RCW 1608100(1)











114










2008 Ord 1284 sect 1 2002)




























115






equipment









any way






















116
















RCW 1892010



said parlor


2002)

602280 Penalties












117






sect 1 2008 Ord 1284 sect 1 2002)








2008 Ord 1284 sect 1 2002)
















602320 Severability








602330 Savings

118






119


































111





assaulted the dog















jurisdiction



control the animal















112

























manner










RCW

1608070 Definitions


1608090 Restraint

113
















chapter or




(B) of this section







RCW 1608100(1)











114










2008 Ord 1284 sect 1 2002)




























115






equipment









any way






















116
















RCW 1892010



said parlor


2002)

602280 Penalties












117






sect 1 2008 Ord 1284 sect 1 2002)








2008 Ord 1284 sect 1 2002)
















602320 Severability








602330 Savings

118






119





assaulted the dog















jurisdiction



control the animal















112

























manner










RCW

1608070 Definitions


1608090 Restraint

113
















chapter or




(B) of this section







RCW 1608100(1)











114










2008 Ord 1284 sect 1 2002)




























115






equipment









any way






















116
















RCW 1892010



said parlor


2002)

602280 Penalties












117






sect 1 2008 Ord 1284 sect 1 2002)








2008 Ord 1284 sect 1 2002)
















602320 Severability








602330 Savings

118






119

























manner










RCW

1608070 Definitions


1608090 Restraint

113
















chapter or




(B) of this section







RCW 1608100(1)











114










2008 Ord 1284 sect 1 2002)




























115






equipment









any way






















116
















RCW 1892010



said parlor


2002)

602280 Penalties












117






sect 1 2008 Ord 1284 sect 1 2002)








2008 Ord 1284 sect 1 2002)
















602320 Severability








602330 Savings

118






119
















chapter or




(B) of this section







RCW 1608100(1)











114










2008 Ord 1284 sect 1 2002)




























115






equipment









any way






















116
















RCW 1892010



said parlor


2002)

602280 Penalties












117






sect 1 2008 Ord 1284 sect 1 2002)








2008 Ord 1284 sect 1 2002)
















602320 Severability








602330 Savings

118






119










2008 Ord 1284 sect 1 2002)




























115






equipment









any way






















116
















RCW 1892010



said parlor


2002)

602280 Penalties












117






sect 1 2008 Ord 1284 sect 1 2002)








2008 Ord 1284 sect 1 2002)
















602320 Severability








602330 Savings

118






119






equipment









any way






















116
















RCW 1892010



said parlor


2002)

602280 Penalties












117






sect 1 2008 Ord 1284 sect 1 2002)








2008 Ord 1284 sect 1 2002)
















602320 Severability








602330 Savings

118






119
















RCW 1892010



said parlor


2002)

602280 Penalties












117






sect 1 2008 Ord 1284 sect 1 2002)








2008 Ord 1284 sect 1 2002)
















602320 Severability








602330 Savings

118






119






sect 1 2008 Ord 1284 sect 1 2002)








2008 Ord 1284 sect 1 2002)
















602320 Severability








602330 Savings

118






119






119

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