HomeMy WebLinkAbout2010-005ORDINANCE NO. 2010-005
AN ORDINANCE OF THE CITY OF ARLINGTON,
WASHINGTON AMENDING AND REPEALING CERTAIN
SECTIONS OF ARLINGTON MUNICIPAL CODE TITLE 8
RELATING TO THE TREATMENT AND CONTROL OF
ANIMALS
WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for
the general welfare of its citizens; and
WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require
revision; and
WHEREAS, the City Council of the City of Arlington has requested revisions be made to
Title 8, relating to the treatment and control of animals;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. Arlington Municipal Code Section 8.05.030 is amended to read as follows:
8.05.030 Definitions. As used in this chapter, unless the context clearly indicates
otherwise, words in the present tense include the future; the singular includes the plural; plural
usage includes the singular; "shall" means mandatory, not directory; the masculine gender
includes the feminine; and certain words and phrases are defined as follows:
(a)"Abatement" means the termination of any violation of this title by lawful and
reasonable means, in order that a person or persons presumed to be the owner of an animal
comply with this title.
(b)"Abandon" means the act of leaving an animal without food, water or necessary
medical care for twenty-four hours or more; or any situation where the conditions present an
immediate, direct and serious threat to the life, safety or health of the animal.
(c)"Allow" means to permit by neglecting or failing to restrain or prevent.
(d)"Animal" shall have its customary common meaning and shall include any member of
the classes: reptile, amphibian, bird or mammal, except human.
(e)"Animal control authority" means any person or entity or any individual under the
direct supervision and control of the chief of Arlington police department, or any person
employed, contracted with, or appointed by the chief of the Arlington police department as the
animal control authority, whether acting alone or in concert with the police department, for
enforcement of the city and state animal control laws as they pertain to the shelter and welfare of
animals.
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(f)"Animal shelter" means any facility operated by an organization or government agency
with whom the city has a contractual relationship with for the purpose of impound, care or
destruction of animals.
(g)"At large" means when an animal is outside the premises of the owner and not under
the physical control of the owner or other person designated by the owner.
(h)"Damage to property" means, for the exclusive purpose of this chapter, the actual cost
of materials and/or the labor actually paid to persons to make repairs to restore the property to its
original condition, if the same exceeds one hundred dollars. (i)"Dangerous animal" or
"dangerous dog" means any dog that according to the records of the appropriate authority:
(1) Has inflicted severe injury including transmission of an infectious or
contagious disease on a human being without provocation on public or private property;
(2) Has killed a domestic animal without provocation while off the owner's
property; or
(3) Has been previously found to be potentially dangerous, the owner having
received notice of such, and the animal having again bitten, attacked, or endangered the
safety of humans or domestic animals. Excluded from this definition is a dog
investigated as potentially dangerous when the threat, injury, or damage is determined to
have been sustained by a person who committed a willful trespass on the owner's
property; tormented, abused or assaulted the dog or has done so in the past; or committed
or attempted to commit a crime.
(j)"Dog" means any member of one or more species of the genus Canis.
(k)"Domestic animal" means any animal that is usually tamed and bred for the uses of
humans, including dogs, cats, rabbits, horses, mules, cattle, lambs and sheep.
(1)"Enclosure" means a physical structure that prevents the animal from coming into
contact with humans, preventing the entry by young children, preventing escape and prevents the
spread of a communicable disease. The enclosure shall have four sides and a top and protect the
animal from the elements.
(m)"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.
(n)"Fowl" means all feathered birds, including all birds kept domestically and all fowl
normally raised for meat or eggs, and includes, but is not limited to, chicken, turkeys, ducks,
roosters, carrier pigeons and geese.
(o)"Grooming parlor" means an establishment that does not keep animals overnight or
during any time when the business is closed; rather animals are kept only for a reasonable time in
order to perform the business of grooming and only during normal business hours.
(p)"Guard or attack dog" means any dog, except those dogs owned or used by a
government agency for law enforcement purposes, which has been trained and is used for
purposes of protection of persons or property by exhibiting hostile or aggressive propensities, or
which will attack on signal or command.
(q)"Harboring" means to provide a place or any premises on which an animal
customarily remains, or to which it customarily returns daily for food and care for a period of ten
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days. The owner of such a place or premises is presumed to be harboring or keeping the animal
within the meaning of this chapter.
(r)"Kennel" means:
(1) A commercial business operation that provides food and shelter for the
purpose other than medical care or engages in the commercial breeding of animals, but
not including licensed veterinary hospitals or clinic, pet shops or grooming parlors;
(2) Keeping of more than three adult dogs, more than three adult cats or any
combination of cats and dogs where the total exceeds seven, exclusive of fish, insects or
birds as household pets;
(3) Keeping two or more litters of juvenile animals;
(4) The keeping of animals for a commercial purpose which includes making
a profit from the products of the animal, rearing, breeding, sale or lease of an animal;
(5) Any confined outdoor place where the keeping of animals has destroyed
the vegetative cover and material infiltration capacity of the soil or caused an adverse
impact upon the water quality within the watershed; or
(6) Commercial advertising is used on the premises and pertains to the animal
on the premises.
(s)"Livestock" means animals usually found on farms, including but not limited to
horses, mules, bovine animals, sheep, goats, llamas, ostriches and swine. Except, livestock shall
not mean miniature pot-bellied pigs as defined in this section.
(t)"Miniature pot-bellied pig" means a type of swine commonly known as the North
American Vietnamese, Chinese, or Asian pot-bellied pig (Sus scrofa vittatus) that is no more
than twenty-two inches in height at the should and no more than one hundred fifty pounds in
weight and is an in-house pet.
(u)"Nuisance" means any act or situation by a dog that is injurious to the health, safety or
welfare of the public. This specially includes, but not limited to:
(1) Being vicious or by its action potentially vicious;
(2) Chasing or harassing any person;
(3) Chasing a vehicle;
(4) Damaging property that is not the animal's owners, excluding shared
fences;
(5) Attacking other domestic animals;
(6) Excreting on the private property other than the animal's owner;
(7) Biting or attacking a person;
(8) Having a communicable disease; or
(9) Injuring or killing a wild animal that is not posing a threat to persons or
property.
(v)"Owner" or "Keeper" means any person or legal entity having a possessory interest in
an animal or who harbors, cares for, exercises control over, or knowingly permits any animal to
remain on premises occupied by him. Any actions exercisable against an owner in this chapter
shall also be exercisable against a keeper. This includes the financial responsibility to care for an
animal including, providing food, shelter, and medical care and paying fees for confinement and
impounding.
(w)"Person" means any individual, corporation, association or any other legal entity, a
partnership, and any other unincorporated association.
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(x)"Pet shop" is any licensed establishment or premises maintained for the purchase, sale,
or exchange of pets of any type.
(y)"Physical control" means the use of a leash, cord, chain, or other device that is no
longer than eight feet long. However, for training purposes, these may be up to twenty feet long.
(z)"Police dog" means a dog employed by a law enforcement agency that is specially
trained for law enforcement work and under the control of a police dog handler.
(aa)"Potentially dangerous animal" or "potentially dangerous dog" means any animal or
dog that when unprovoked:
(1) Inflicts bites on a human or domestic animal either on public or private
property; or
(2) Chases or approaches a person upon the streets, sidewalks, or any public
grounds in a menacing fashion or apparent attitude of attack. Police dogs in the line of
duty and guard dogs that are protecting property are excluded from this definition.
(bb) "Potentially dangerous wild animal" means one of the following types of animals,
whether bred in the wild or in captivity, and any or all hybrids thereof:
(1) Class mammalian
a. Order carnivore
i. Family felidae, only lions, togers, captive -bred cougars,
jaguars, cheetahs, leopards, snow leopards, and clouded
leopards;
ii. Family canidae, wolves, excluding wolf -hybrids;
iii. Family ursidae, all bears;
iv. Family hyaenidae, such as hyenas;
b. Order perissodactyla, only rhinoceroses;
c. Order primates, all nonhuman primate species;
d. Order proboscidae, all elephant species;
(2) Class reptilian
a. Order squamata
i. Family atractaspidae, all species;
ii. Family colubridae, only dispholidus typus;
iii. Family elapidae, all species, such as cobras, mambas, kraits,
coral snakes, and Australian tiger snakes;
iv. Family hydrophiidae, all species, such as sea snakes;
v. Family varanidae, only water monitors and crocodile monitors;
vi. Family viperidae, all species, such as rattlesnakes,
cottonmouths, bushmasters, puff adders, and gaboon vipers;
b. Order crocodilian, all species, such as crocodiles, alligators, caimans,
and gavials.
(cc)"Premises" means all the real property under one ownership inside the inner line of a
sidewalk or, if there is no sidewalk, inside of the curb, ditch, or shoulder marking the edge of the
used public right-of-way. "Premises" also means the inside of a closed motor vehicle.
(dd)"Service animal" means an animal that is trained for the purposes of assisting or
accommodating a disabled person's sensory, mental or physical disability.
(ee)"Severe injury" means any physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
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(ff)"Wild animal" means any animal living in its natural state and native to the United
States and not normally domesticated, raised, or bred by humans.
Section 2. Arlington Municipal Code Section 8.09.010 is amended to read as follows:
8.09.010 Dog licenses —Required.
(a) It, is unlawful for any person, firm, or corporation to own, possess, harbor or maintain
any dog, male or female, over the age of three months, within the city without paying the license
fee and obtaining a license from the agency or department designated by the city council. All
dogs that are over three months of age and are brought into the corporate city limits shall be
registered within thirty days after being brought into the city. The license tag shall be attached to
the animal's collar so that the animal may be returned to the owner. The animal owner will be
responsible for any costs regarding a licensed but not tagged animal.
(b) License Prohibited. Dogs that are determined to be dangerous by any competent
jurisdiction are prohibited within the city and licensing these animals is prohibited.
(c) License Exemptions. The following are exempt from licensing: Dogs brought
into the city for the purpose of participating in any show; and dogs temporarily kenneled at a
licensed kennel for the sole purpose of breeding, training, hunting, or boarding not to exceed
ninety days.
(d) Guard or Attack Dogs —Additional Requirements. No person shall possess a
guard or attack dog without first obtaining a guard or attack dog license from the city of
Arlington. The application for the guard or attack dog shall certify the following information:
(1) The name and address of the owner of the guard/attack dog, description of
the dog, address and business name, if any, of the premises the dog will guard;
(2) The name and address of the trainer, and the name and address of the
purveyor of the dog;
(3) That the premises the dog will guard is adequately secured for the safety
of the public, meaning that the guard dog shall be kept contained within a building or on a leash
under the control of a person or enclosed within a six-foot solid or chain -link fence of sufficient
height to prevent the dog from reaching persons off the property, and that the owner shall
restrain the guard dog in such a manner that the dog is unable to reach persons using the normal
ingress and egress of the property;
(4) That the owner shall post signs on the premises at all entrances, and in at
least two conspicuous places on the property, clearly warning that a guard/attack dog is on duty
on the premises;
(5) That the user of the guard/attack dog is aware of and understands the
aggressive nature of the dog;
(6) That the owner of the guard/attack dog has surety bond or policy of
liability insurance in the amount of at least one hundred thousand dollars from an insurer
authorized to conduct business in the state of Washington, insuring the owner for any personal
injuries inflicted by the dog; and
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(7) Proof of microchip identification, microchip number and identification of
the date and location of the microchip implant.
(e) Dog Guides and Service Animals. The city shall honor a request by a blind person
or hearing impaired person not to be charged a fee to license his or her dog guide, or a request by
a physically disabled person not to be charged a fee to license his or her service animal.
Section 3. Arlington Municipal Code Section 8.09.020 is amended to read as follows:
8.09.020 Leash required. It is unlawful for the owner of any dog to at any time cause,
permit or allow such dog to roam, run, stray or to be away from the premises of the owner and to
be on any public place (including but not limited to, school grounds, any public park, or any
public property), or upon the private property of another within the city, unless such dog is under
the control of the owner by a leash. 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.
Section 4. Arlington Municipal Code Section 8.09.030 is amended to read as follows:
8.09.030 Unlicensed dogs. Kennels, pet shops or veterinary hospitals may keep
unlicensed animals on the premises temporarily, provided that the premises are securely fenced
or enclosed and the entrances thereto locked when unattended. Each such unlicensed animal
three months of age or older contained within the premises of a kennel, pet shop or veterinary
hospital shall be inoculated against such diseases, and in such a manner as may be prescribed by
a veterinarian and an inoculation certificate provided for each such dog. For dogs over three
months of age, this shall consist of rabies inoculations.
Section 5. Arlington Municipal Code Section 8.09.050 is amended to read as follows:
8.09.050 Animals at larize. It is unlawful for the owner of an animal to permit the
animal, whether licensed or not, to run at large at any time. This section shall not apply to cats
or owners of cats or a "guide" or "service" animal as now or hereafter defined in Chapter 70.84 RCW.
Section 6. Arlington Municipal Code Section 8.09.070 is amended to read as follows:
8.09.070 Animals at prohibited public places. When a property is designated by signs as
prohibited to such animals, it is unlawful for an owner to allow any domestic, or exotic animal,
except cats and carrier pigeons, upon any public school playground, publicly maintained park or
play field, any environmentally critical area as defined in AMC Chapter 20.88, or other city
owned property.
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Section 7. Arlington Municipal Code Section 8.09.100 is amended to read as follows:
8.09.100 Regulations pertaining to kennels, catteries, grooming parlors, pet shops, and
other boarding facilities.
(a) License Required. No person, owner or keeper shall operate any kennel, cattery,
grooming parlor, pet shop, or animal shelter within the city without first obtaining a special
license from the city for this purpose. Licensed veterinary hospitals or clinics are not included
within this prohibition though a land use permit may still be required pursuant to AMC Title 20.
Licenses shall be issued annually by the city, upon receipt of an application, the payment of fees,
and only after satisfactory inspection by the Arlington police department.
(b) Application. A license application for a commercial kennel, boarding
kennel/cattery, grooming parlor, pet shop, animal shelter, or other boarding place shall contain
the following:
(1) Name, address and telephone number of the owner or operator of the
facility, and the name and address of the facility;
(2) The type of license sought and a brief description of the magnitude and
nature of the contemplated operations;
(3) A written statement from the city's department of community
development or other satisfactory proof that the proposed operation conforms to the city's zoning
code and all other land use regulations.
(4) Proof that an animal waste disposal plan is present and conforms to
established law.
(c) Term. The license shall be valid for one calendar year, from each January 1st
through the following December 31 st.
(d) Fee. The annual license fee shall be assessed as determined by resolution of the
City Council, due and payable on the first business day of each calendar year.
(e) Prorating of License Fee. If operations are commenced in a month other than
January, the applicant must submit the application together with the prorated license fee within
thirty days of commencing operations. The license fee shall be prorated according to the number
of months remaining in the license year.
Section 8. Arlington Municipal Code Section 8.09.115 is amended to read as follows:
8.09.115 Operation and facility requirements. Suitable food, water and bedding shall be
provided to all animals. An employee, keeper or owner shall make sure that animals receive
adequate food, water, care, and necessary cleaning at all times.
(a) Food and bedding shall be stored in a fashion that prevents contamination or
infestation. Refrigeration shall be provided for the protection of perishable foods.
(b) The facilities, both for housing and waste disposal, shall be maintained and
operated in a healthful, sanitary manner free from disease, contamination, infestation and
Ordinance No. 2010-005 7
obnoxious or foul odors. Provisions shall be made to ensure that the removal and disposal of
animal and food wastes, bedding, dead animals and debris is done in a manner to minimize
vermin/insect infestation, odors and disease hazards.
(c) Sick, diseased, or injured animals shall be isolated from healthy animals in
quarters adequately ventilated to prevent contamination of healthy animals.
(d) Animals shall receive proper medical treatment whenever necessary and be
immunized from disease as is usual and customary for the animal's age and species.
(e) Animal housing facilities shall be provided to the animals and shall be structurally
sound, maintained in good repair, and designed to protect the animals from injury and shall
provide sufficient security to contain the animals and prevent the entry of other unwanted
animals.
(f) In addition, each animal housed 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. Animals that 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.
(g) The facilities shall include washroom facilities, which include sinks and toilets,
and have hot and cold running water conveniently available to maintain cleanliness among
animal caretakers and for washing utensils and equipment. Water shall be supplied in sufficient
pressure and quantity to clean indoor housing facilities and enclosures of debris and excrement.
(h) Electrical power shall be supplied, in conformance with applicable city, county,
and state electrical codes, adequate to supply heating and lighting as may be required by this
chapter.
(i) Outdoor facilities shall:
(1) Provide shelter and protection from adverse weather;
(2) Provide sufficient room for adequate exercise and movement;
(3) Be fenced at a height of six feet with wood or chain link and have a below
ground barrier sufficient to prevent an animal from digging under the fence; and
(4) Be kept clean.
(j) Indoor facilities shall:
(1) Be heated or cooled to protect the animals from temperatures to which
they are not acclimated;
(2) Be adequately ventilated;
(3) Have interior walls, ceilings and floors which are sealed and are resistant
to absorption of moisture or odors; and
(4) Have flooring with an impervious surface that can be sanitized and had an
adequate drainage system that is connected to a septic system or sanitary sewer to facilitate
cleaning.
Section 9. Arlington Municipal Code Section 8.09.125 is amended to read as follows:
Ordinance No. 2010-005 8
8.09.125 Grooming parlors —Conditions —Requirements. 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 sufficient in size and with adequate floor
space to allow each animal to turn about freely and to easily stand, sit, and lie in a comfortable
normal position, while said animal is at the facility.
(c) Not permit animals kept therein for the purpose of grooming to have contact with
any other animals therein.
(d) Sterilize all equipment after each animal has been groomed and each cage after
the animal that occupied it has left.
(e) Not prescribe any treatment or medicine that is in the province of a licensed
veterinarian as provided in RCW 18.92.010.
(f) Take reasonable precautions to prevent injury from occurring to any animals
while in the custody of said parlor, including providing restraining straps for animals when
necessary to prevent injury to the animal while it is being groomed.
(g) Be structurally sound, maintained in good repair, and provide sufficient security
to contain the animals and prevent the entry of other unwanted animals.
(h) Have grooming area with walls, ceilings, and floors that are sealed and are
resistant to absorption of moisture and odors.
(i) Be cleaned and sanitized on a regular basis and the disposal of pet waste must
follow established law.
0) Not leave animals unattended during the drying process.
Section 10. Arlington Municipal Code Section 8.09.200 is amended to read as follows:
8.09.200 Violation —Penalty. Failure to comply with any provision of this chapter shall
be a civil infraction with a fine of $50.00 for the first and second offense. The third offense is a
misdemeanor punishable by one thousand dollars fine and or ninety days in jail. In addition to
the described penalties, the involved animals may be impounded and kenneled at the owner's
expense.
(a) Any violation of this chapter not otherwise designated as a misdemeanor or gross
misdemeanor, shall constitute a civil infraction punishable by a fine in an amount not to exceed
$50.00.
(b) Any person violating any provision of this chapter, not otherwise designated as a
misdemeanor or gross misdemeanor, three or more times in any 12-month period shall have
committed a civil infraction punishable by a fine not to exceed $250.00.
(c) Any violation of this chapter designated as a misdemeanor shall be punishable by
a maximum of 90 days in jail and/or a fine not to exceed $1,000.00.
(d) Any violation of this chapter designated as a gross misdemeanor shall be
punishable by a maximum of 365 days in jail and/or a fine not to exceed $5,000.00.
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Section 11. Arlington Municipal Code Section 8.10.040 is amended to read as follows:
8.10.040 Potentially dangerous and dangerous dog.
(a) 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 AMC 8.05.030. 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 AMC 8. 05. 030; 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;
(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.
(b) Notification of status of potentially dangerous dog.
(1) The owner of a potentially dangerous dog shall immediately notify the police
department when the animal:
(a) Is loose or unconfined off the property; or
(b) Has bitten or injured a human being or another animal; or
(c) Is sold or given away or dies; or
(d) Is moved to another address.
(2) 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 police
department. The new owner shall comply with all the requirements of this chapter.
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(c) Duties for Keeping a Potentially Dangerous Dog. The owner of a potentially
dangerous dog shall:
(1) Securely confine the dog on the owner's property either indoors, in a
fenced yard with a locked gate, or in an enclosed open or structure suitable to prevent the entry
of unauthorized persons and preventing the animal's escape;
(2) Obtain and post signs and maintain them for the duration that the dog is on
the premises to warn the public that the dog is under investigation. The police department and
the animal control authority will determine the placement of said signs.
(3) The dog may leave the property only when muzzled, restrained by a
substantial leash not longer than forty eight (48) inches, and under the physical control of a
person eighteen (18) years or older who is capable of restraining such animal. If the dog is under
investigation for biting, then it must be muzzled in a manner that prevents it from biting but does
not cause pain or obstruction of breathing.
(4) Allow the animal control authority to enter the premises to determine
compliance.
(d) Notice of a Potentially Dangerous Dog. Upon determining that probable cause
exists to believe that a dog is potentially dangerous, the animal control authority may issue a
written notice to the owner. The notice shall contain the following: name and address of the
owner of the dog, description of the dog, and a statement of why the dog was found to be
potentially dangerous.
(e) Impounding a Potentially Dangerous Dog. The animal control authority may
immediately impound a potentially dangerous dog when the owner has failed to comply with any
of the duties described.
(f) Disposition of a Dangerous Dog. A dog that is determined to be dangerous by the
animal control authority using the definitions in this chapter shall be impounded by the animal
control authority and held until it is destroyed or permanently removed from the city under
conditions agreed upon with the animal control authority. If the animal is permanently removed
from the city, then the conditions shall include:
(1) A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW
in a form acceptable to the animal control authority in the sum of at least two hundred
fifty thousand dollars payable to any person injured by the animal; or
(2) A policy of liability insurance, such as homeowner's insurance, issued by an
insurer qualified under Title 48 RCW in the amount of at least two hundred fifty
thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous
dog.
(3) Proof of placement of a microchip that is capable of being scanned by an
"AVID" or equivalent brand microchip scanner;
(4) Consent for initial and subsequent inspection of the enclosure in which the
animal is and will be kept; and
Ordinance No. 2010-005 11
(5) Compliance with all the licensing requirements in the jurisdiction where
the animal is to reside.
(g) Prior Convictions for Possessing a Dangerous Dog or RCW 16.08.100. When a
dog that is previously determined to be dangerous attacks or bites a person or another domestic
animal, the dog's owner is guilty of a gross misdemeanor. In addition, the dog shall be
immediately impounded by the animal control authority, placed in quarantine for a proper length
of time and thereafter destroyed in a humane fashion. The owner of the dog shall be responsible
for all associated costs of impounding and destruction.
(h) Declaration -Appeal Hearing -Procedures. An owner of a dog that is determined to
be dangerous or potentially dangerous can appeal the designation by the animal control authority
to the hearing examiner. The process for perfecting an appeal shall be as prescribed by the
Arlington Municipal Code Chapter 20.20. However, during the appeal period, the restrictions on
the animal shall be followed.
(i) Permits and fees. Following the declaration of a 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 $100.00 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 animals
for no more than five days before the destruction of the animal. The Owner/Keeper of this
animal must obtain a surety bond issued by a surety insurer qualified under chapter 48.28 RCW
in a sum of not less than $100,000 payable to a person injured by the dog, or a policy of liability
insurance issued by an insurer qualified under Title 48 RCW in an amount not less than
$100,000 insuring the owner or keeper for personal injuries inflicted by the dog.
0) Declaration — Impoundment pending appeal. Following service of a declaration
of potentially dangerous or dangerous dog, and pending appeal under AMC 8.10.040(h), the
animal control authority may, if circumstances require, impound the animal at the owner's or
keeper's expense, pursuant to the provisions of this chapter, until the municipal court or a higher
court of competent jurisdiction orders either its redemption or destruction.
(k) Impoundment for biting. If a dog classified as a dangerous dog bites a person or
another domestic animal, such dog shall be immediately impounded by the animal control
authority, paced in quarantine for the proper length of time, and thereafter destroyed in an
expeditious and humane manner. Any such animal which is deemed uncatchable by the animal
control authority may be killed by such official if no other reasonable means of capture is
available or such animal continues to be a threat to persons or domestic animals. Reasonable
means of capture may include the use of tranquilizers which, depending upon the animal's age,
size, and physical condition, may cause death. The owner or keeper of any dangerous dog
impounded and destroyed pursuant to this subsection shall be assessed, in addition to the actual
costs of the quarantine, a civil penalty in the amount of $10.00 per day for each day such
Ordinance No. 2010-005 12
dangerous dog is quarantined by the animal control authority and in the amount of $50.00 for the
cost of destroying such dangerous dog.
(1) Dogs exempted — Effect of trespass or tort. The requirement of this chapter
related to potentially dangerous and dangerous dogs shall not apply to dogs registered for use by
law enforcement officials for police work, whether or not such animal is maintained at its
handler's residence, or to animals held in quarantine by a licensed veterinarian. Dogs shall not
be declared potentially dangerous or dangerous if the threat, injury, or damage was sustained by
a person who, at the time, was committing a willful trespass or other tort 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 or was
committing or attempting to commit a crime.
(m) Limitations on ownership of potentially dangerous dogs— Reporting
Requirements.
(1) It is unlawful for an owner or keeper of a potentially dangerous dog to permit
such animal to be outside the proper enclosure, unless the dog is muzzled and restrained
by a substantial chain or leash not longer than 48 inches and under the physical control of
a person 18 years of age or older who is capable of restraining such animal. The muzzle
shall be constructed so that it will not cause injury to the dog or interfere with its vision
or respiration. Such muzzle shall be constructed so that it will prevent the dog from
biting any person or animal. Such dogs shall not be leashed or otherwise tied or tethered
to inanimate objects, such as trees, posts, buildings, mail boxes, newspaper vending
machines, and the like. Dangerous dogs shall wear a bright orange collar, not less than
two inches in width, at all times.
(2) It is unlawful for any person under the age of 18 years to own or keep a
potentially dangerous or dangerous dog within the city limits.
(3) It is unlawful for any person to own or keep more than one potentially
dangerous dog within the city limits.
(4) It is unlawful to transfer ownership of a potentially dangerous dog within
the city limits unless the recipient has complied with the registration and licensing requirements
of this chapter for such animal.
(6) It is unlawful for the owner or keeper of any animal which is subject to
any licensing requirements of the city to fail to report any bites or injuries suffered by any person
or domestic animal as a result of an attack incident or other contact with such animal, regardless
of the geographical location where such attack, incident or other contact occurs.
(7) It is unlawful for any owner or keeper to fail to immediately notify the
animal control authority in writing of -
(a) The removal from the city or death of any dog registered under this
chapter; or
(b) The birth of offspring of any dangerous dog; or
Ordinance No. 2010-005 13
(c) The new address of the owner or keeper of any dog registered under
this chapter should such person move within the city limits.
(8) Failure to Comply. Any person who fails to comply with the mandatory
or prohibitory provisions of this section shall be assessed a civil penalty or shall be guilty of a
gross misdemeanor as provided in AMC 8.10.200.
(n) Immunity. The city, the animal control authority, and any animal control officer
executing the responsibilities set forth in this chapter shall be immune from all civil liability for
an action or actions taken pursuant to this chapter, or for failure to take action to enforce the
provisions of this chapter. It is not the purpose or intent of this chapter to create on the part of
the city, its officers, employees, agents, or volunteers a special duty or relationship toward a
specific class of individuals. This chapter has been enacted for the safety and welfare of the
public as a whole.
Section 12. Arlington Municipal Code Section 8.10.080 is amended to read as follows:
8.10.080 Violation —Public Nuisance — Notice of Abatement.
(a) A person violating any provision of this chapter by keeping or maintaining a nuisance
as defined in this chapter, in addition to the fine or imprisonment or both provided for by
Section 8.10.200, shall be ordered by the court to immediately abate and remove such
nuisance and if the same is not done by the offender within twenty four hours of the
order, the nuisance shall be abated and removed under the direction of the chief of police,
or by any other officer authorized by the court, which order of abatement shall be entered
upon the docket of the court and made a part of the judgment in the action.. 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.
(b) 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 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 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 the same shall be cause for impoundment of the dog.
Section 13. Arlington Municipal Code Section 8.10.120 is amended to read as follows:
8.10.120 Unlawful possession. Any person who has any domestic, or exotic wild
animal, except cats and carrier pigeons, not owned by said person, in their possession or
control without the knowledge of the animal's owner shall notify the animal control
Ordinance No. 2010-005 14
authority within forty-eight hours. Failure to report such possession or to surrender the
animal to the animal control authority upon demand is unlawful.
Section 14. Arlington Municipal Code Section 8.10.200 is amended to read as follows:
8.10.200 Violation —Penalty.
(a) No person shall violate or fail to comply with this chapter.
(b) A first violation of or failure to comply with this chapter within a 12-
month period is a class 3 civil infraction.
(c) A second violation of or failure to comply with this chapter within a 12-
month period is a class 1 civil infraction
(d) A third or subsequent violation of or failure to comply with this chapter
within a 12-month period is a gross misdemeanor.
Section 15. Arlington Municipal Code Section 8.13.030 is amended to read as follows:
8.13.030 Right of entry and inspection onto private property. Law enforcement officers
or any person authorized by the chief of the Arlington police department may enter private
property:
(a) For any reason provided for in this chapter;
(b) With consent of the owner or any adult occupant of any premises, an
officer may enter and inspect the premises where an animal lives to determine compliance with
the provisions of this chapter;
(c) An animal control authority may use reasonable force to forcibly enter the
private property or vehicle of another in the absence of the owner or occupant when, in the
officer's judgment, an animal on such premises needs emergency assistance to prevent an
animal's death or serious injury;
(d) An animal control authority may enter the private property of another to
enforce this chapter with a search warrant or when authorized by law;
(e) An animal control authority is authorized to remove and impound any
animal left in a motor vehicle at any location when the officer reasonably believes the animal is
confined in conditions that endanger its health or safety. Notice of the impounding and
disposition of the animal will be left in plain view with the vehicle;
(f) An animal control authority in hot pursuit may enter the private property
of another, with or without a warrant, to take possession of an animal observed to be at large;
(g) A police officer in pursuit of a dog known to be a dangerous or potentially
dangerous dog or reasonably suspected of being dangerous to persons other than wrongful
trespassers upon his or her owner's premises may enter the premises of the owner and demand
possession of such animal and if, after request therefore, the owner or keeper of the dog shall
refuse to deliver the dog to the officer and the officer cannot with reasonable safety catch the
animal, he or she may then obtain a search warrant authorizing the seizure and impoundment of
Ordinance No. 2010-005 15
the dog; except as set forth herein, the officer shall not enter the residence of the owner without
permission or a warrant.
Section 16. Arlington Municipal Code Section 8.10.200 is amended to read as follows:
8.13.040 Impoundment procedure —Generally.
(a) Any police officer, or any person authorized by the chief of the Arlington police
department, is authorized to take into custody and impound any dog in any of the following
situations:
(1) As described previously in this chapter;
(2) When a dog is on public property or the private property of another and
the caretaker or said private property owner requests that the dog be removed; if the owner or
keeper of the dog(s) cannot be quickly and easily located or is unknown;
(3) When a dog is brought to the police department by a private citizen who
has found the dog;
(4) When a dog has been declared potentially dangerous or dangerous
pursuant to this chapter and/or state law and is at large again, or any aggressive or vicious dog
that is at large, or has otherwise violated restrictions placed upon it, or which is in violation of
the restrictions for a dog of that classification;
(5) The dog has been subjected to cruel treatment to the extent that removal is
necessary for immediate safety and well-being of the animal;
(6) The dog's owner or keeper is incapable or unable to continue to care for it
because of incarceration, severe illness, death, house fire or other emergency circumstances and
an agent for the owner cannot be readily located; or
(7) The dog has bitten a person, breaking or puncturing the skin, and the
owner and/or keeper is unable, incapable or unwilling to provide the ten-day quarantine
requirements. If such a dog is found at large the owner will be deemed unable to quarantine and
it can be impounded.
(b) Impounding Sick or Injured Animals. Whenever animals that are impounded by
the animal control authority are sick or injured and are treated by a licensed veterinarian, the
owner of the animal shall be liable for all costs associated with the treatment.
(c) Notice of Impounding. When any animal is impounded and the owner of the
animal can be reasonably determined, the authority impounding the animal shall attempt to give
notice to the owner by telephone or by leaving written notice at the address of the owner if the
location is within the city of Arlington. However, it shall be the responsibility of the owner to
ascertain that their animal has been impounded and to take such measures to redeem the animal.
Neither the city nor any officer or agent of the city shall be responsible for failing to notify an
animal owner under this chapter.
Section 17. Arlington Municipal Code Section 8.13.070 is amended to read as follows:
Ordinance No. 2010-005 16
8.13.070 Chasing vehicles or cyclists. It is unlawful for an owner of a dog to fail to
prevent the dog from chasing or jumping on or at moving vehicles or cyclists lawfully using any
public rights of way or public properties. Any such dog is declared to be a nuisance and may be
immediately seized and impounded. The owner of said dog shall be subject to the penalty
provided for in AMC Section 8.09.080.
Section 18. Arlington Municipal Code Section 8.13.080 is amended to read as follows:
8.13.080 Threat to pedestrians or cyclists. It is unlawful for an owner of a dog to fail to
prevent the dog from snarling, growling, snapping at, or threatening any passersby or other
domestic animals lawfully upon any public rights of way or public properties. Any such dog is
declared to be a nuisance and may be immediately seized and impounded. The owner of said
dog shall be subject to the penalty provided for in Section 8.09.080 of this chapter.
Section 19. Arlington Municipal Code Section 8.17.010 is amended to read as follows:
8.17.010 Keeping animals in the city —General regulations.
(a) Any person being the owner or entitled to the possession of any animal, be it livestock
or of the species of rabbit, fowl or pot-bellied pig, shall be permitted to keep the same
within the limits of the city except if the same is now or may be hereafter forbidden by
ordinance or statute, provided that the following conditions are adhered to.
(1). Livestock are prohibited in all areas other than those defined in Arlington
Municipal Code Chapter 20, Table 20.40-1, permissible use code 14.120.
(2). Livestock shall be kept by securely confining the same in a stable or other
building; or an enclosure surrounded by a secure, well built fence of sufficient
height and strength to confine such animal therein; or the same may be securely
staked out in a vacant lot in such manner that it cannot get upon any street, alley,
or other public place within the city provided that the same is so confined or
staked out as to effectively prevent it from getting within One Hundred (100) feet
of any property line, dwelling or other building in which persons work or are
accustomed to be, or near enough to the property of another to do damage thereto
or commit any nuisance thereupon, specifically including bodies of water and
wildlife corridors; and provided, further, that any such animal shall be considered
as running at large when it breaks away from its fastenings or is herded or
permitted to feed upon any public rights of way or public properties.
(3). All species of fowl, rabbit or pot bellied pigs shall be kept in an approved
building, pen or enclosure.
(4). All such structures shall be located a minimum of twenty-five (25) feet from
any property line or adjacent residence or building, and fifty (50) feet from any
rights of way, public or private.
Ordinance No. 2010-005 17
(5). Any building, pen or enclosure which houses such animals shall be kept
clean, healthful and free from unsanitary conditions and disagreeable odors.
(6). All feed or food products shall be kept in secure, tightly sealed, rodent proof
containers.
(7). All manure and other refuse must be kept in secure, tightly sealed containers
and disposed of at least once a week in a manner approved by the animal control
officer.
(b) Hives or colonies of bees shall be kept in a manner in which they are inaccessible
to the general public and so that bee movements to and from the hive do not interfere
with the ordinary movements of persons on adjacent properties or the public right-of-
way. Hives shall be located at least fifty feet from the nearest property line. All colonies
must be registered with the director of the department of agriculture of the state of
Washington as provided in RCW 15.60.021.
(c) If any and all premises whereon any such animals are confined or kept are not
kept in the manner provided in this chapter, such officer or officers shall at once notify
the persons owning, possessing, or using the premises for such purpose to place the same
in a safe, secure, clean, healthful, and sanitary condition, and such person shall forthwith
comply with such order.
(d) Any person violating any of the provisions of this section shall be deemed guilty
of a civil infraction and upon conviction thereof shall be fined an amount as set by
council resolution.
Section 20. Arlington Municipal Code Section 8.17.020 is amended to read as follows:
8.17.020 Potentially dangerous wild animals Prohibited
(a) A person shall not own, possess, keep, harbor, or have custody or control of a
potentially dangerous wild animal, except as provided in subsection (2) of this section.
(1) A person shall not breed a potentially dangerous wild animal.
(2) A person in legal possession of a potentially dangerous wild animal prior
to July 22, 2007, and who is the legal possessor of the animal may keep possession of the
animal for the remainder of the animal's life. The person must maintain veterinary
records, acquisition papers for the animal, if available, or other documents or records that
establish that the person possessed the animal prior to July 22, 2007, and present the
paperwork to an animal control or law enforcement authority upon request. The person
shall have the burden of proving that he or she possessed the animal prior to July 22,
2007.
Section 21. Arlington Municipal Code Section 8.17.030 is repealed in its entirety.
Section 22. Arlington Municipal Code Section 8.17.040 is repealed in its entirety.
Ordinance No. 2010-005 18
Section 23. Arlington Municipal Code Section 8.17.060 is amended to read as follows:
8.17.060 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 sidewalk in the city at all, or any street
within a business or commercial district of 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; and provided further, that it is not unlawful to
ride, lead or allow such animals on said streets during authorized parades, or permitted
special events.
Section 24. Arlington Municipal Code Section 8.21.020 is amended to read as follows:
8.21.020 Cruelty.
Every person who overdrives or overloads, or overworks; tortures, torments, or deprives
of necessary sustenance; beats, mutilates, or cruelly kills; or causes, procures, authorizes,
requests or encourages any such act of cruelty and whoever having the charge or custody
of any animal, either as owner or otherwise, inflicts unnecessary suffering or pain upon
the same, or unnecessarily fails to provide the same with proper food, drink, air, light,
space, shelter, or protection from the weather, or who willfully and unreasonably drives
the same when unfit for labor or in a state of discomfort, or who abandons any animal is
guilty of a misdemeanor, punishable in accordance with AMC Section 1.04.010.
Section 25. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 26. Effective Date. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after the date of publication.
Ordinance No. 2010-005 19
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
this ILr day of�11r 2010.
CITY OF ARLINGTON
Margare% arson, Mav )r
ATTEST:
Kristin anfield, City Clerk
APPROVED AS TO FORM:
Ste en J. e , ttorney
Ordinance No. 2010-005 20
CERTIFICATION OF ORDINANCE
I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance
#2010-005 was approved at the February 16, 2010 Council meeting.
ORDINANCE #2010-005
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING AND REPEALING CERTAIN SECTIONS OF ARLINGTON
MUNICIPAL CODE TITLE 8 RELATING TO THE TREATMENT AND
CONTROL OF ANIMALS."
A true and correct copy of the original ordinance is attached.
Dated this 16th day of February, 2010.
- w
Kristi Banfield
City Clerk for the City of Arlington
SUMMARY OF ORDINANCE ADOPTION
You are hereby notified that on February 16, 2010, the City Council of the City of
Arlington, Washington, did adopt Ordinance No. 2010-005 entitled,
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING AND
REPEALING CERTAIN SECTIONS OF ARLINGTON MUNICIPAL CODE TITLE 8
RELATING TO THE TREATMENT AND CONTROL OF ANIMALS."
This ordinance is effective five days from its passage and publication.
The full text of the ordinance is available to interested persons and will be mailed
upon request.
- i� -- 'C- �1�
�VnBld4
City Clerk
City of Arlington