HomeMy WebLinkAbout2011-014 ORDINANCE NO. 2011-014
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING, REPEALING, AND ADDING CERTAIN SECTIONS TO TITLE 8
OF THE ARLINGTON MUNICIPAL CODE RELATING TO 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WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require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 adopted some revisions to
Arlington Municipal Code Title 8 in February 2010; and
WHEREAS, the City Council of the City of Arlington has requested further revisions to
Arlington Municipal Code Title 8;
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:
"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.
"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.
"Adult dog or cat" means any dog or cat six months of age or older.
"Allow" means to permit by neglecting or failing to restrain or prevent.
"Animal" shall have its customary common meaning and shall include any member of the
classes: reptile, amphibian, bird or mammal, except human.
"Animal control authority" means any person or entity or any individual under the direct
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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.
"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.
"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.
"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.
"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.
"Dog" means any member of one or more species of the genus Canis.
"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.
"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.
"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.
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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.
"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, homing pigeons, racing pigeons and geese. This definition
excludes birds kept as household pets, including but not limited to parrots and canaries.
"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.
"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.
"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 days.
The owner of such a place or premises is presumed to be harboring or keeping the animal
within the meaning of this chapter.
"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.
"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.
"Miniature pot-bellied pig" means a type of swine commonly known as the North American
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Vietnamese, Chinese, or Asian pot-bellied pig (Sus scrofa vittatus) that is no more than
twenty-two inches in height at the shoulder and no more than one hundred fifty pounds in
weight and is an in-house pet.
"Nuisance" means any act or situation by an animal 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.
"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.
"Person" means any individual, corporation, association or any other legal entity, a
partnership, and any other unincorporated association.
"Pet shop" is any licensed establishment or premises maintained for the purchase, sale, or
exchange of pets of any type.
"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.
"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.
"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
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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.
"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, tigers, 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.
"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.
"Service animal" means an animal that is trained for the purposes of assisting or
accommodating a disabled person's sensory, mental or physical disability.
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"Severe injury" means any physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
"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 8.05.040 is hereby added to read as
follows:
8.05.040 - Financial Responsibility of animal owner.
The owner of any animal confiscated or impounded under Title 8 AMC shall pay the
assessed penalties and all fees and costs associated with apprehension, transportation, and
impoundment specified in AMC 8.13.050, and any veterinary costs incurred as a result of
the confiscation or impoundment whether or not the animal is redeemed. Relinquishment
of the animal by its owner does not constitute a waiver of the fees or costs incurred under
this section or fines otherwise imposed. The city may collect the penalties, fees, and
expenses by use of appropriate legal remedies.
Section 3. Arlington Municipal Code section 8.09.130 is hereby added to read as
follows:
8.09.130 - Penalties - Infraction unless otherwise designated.
Unless otherwise set forth in this chapter, a violation of any provision of this chapter shall
constitute a Class I civil infraction pursuant to Chapter 7.80 RCW. Issuance and disposition
of infractions issued for violations of this chapter shall be in accordance with Chapter 7.80
RCW. The penalty for violation of this chapter shall be $100.00. The penalty for a second or
subsequent offense in violation of the provision of this chapter within two years shall be
$250.00.
Section 4. Arlington Municipal Code section 8.09.200 is hereby repealed in its
entirety.
Section 5. Arlington Municipal Code section 8.10.030 is amended to read as follows:
8.10.030 - Number of dogs and cats permitted.
No person shall keep more than three adult dogs, more than three adult cats, or any
combination of cats and dogs where the total exceeds seven on any premises in the city
except as described in commercial animal kennel regulations.
Section 6. Arlington Municipal Code section 8.10.040 is amended to read as follows:
8.10.040 - Potentially dangerous dog.
(a) Declaration. Upon declaration by the animal control authority that a dog is a
potentially dangerous dog as defined in AMC 8.05.030, the owner shall be served with a
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potentially dangerous dog declaration.
(b) Declaration - Final Determination Unless Appealed. The service of a potentially
dangerous dog declaration shall, unless timely appealed, be a final determination that the
dog is a potentially dangerous dog.
(c) Notice - Service. Service of the potentially dangerous dog declaration upon the owner
of the animal may be made either by personal service to the owner, by posting such notice
at the residence of the owner or by certified mail to the last known address of the owner.
(d) Appeal. An appeal of a potentially dangerous dog declaration must be served upon the
city of Arlington police chief within five days of service of the potentially dangerous dog
declaration. Appeals shall be heard by the judge of the Marysville municipal court and
conducted in accordance with AMC 8.10.140.
Section 7. Arlington Municipal Code section 8.10.045 is hereby added to read as follows:
8.10.045 - Dangerous dog.
(a) Declaration. Upon declaration by the animal control authority that a dog is a
dangerous dog as defined in AMC 8.05.030,the owner shall be served with a dangerous dog
declaration.
(b) Declaration - Final Determination Unless Appealed. The service of a dangerous dog
declaration shall, unless timely appealed, be a final determination that the dog is a
dangerous dog.
(c) Notice - Contents of Dangerous Dog Declaration. A dangerous dog declaration shall
contain:
1.The name and address, if known, of the owner of the animal;
2.The license number, if available, and description of the animal or dog;
3.A statement that the animal control authority has found the animal to be a
dangerous dog as defined in AMC 8.05.030 and a concise description explaining why the
declaration has been made;
4.A statement that service of the dangerous dog declaration is a final determination
unless appealed and that an appeal must be filed within five days of service of the
dangerous dog.
5.A copy of AMC 8.10.140 Regarding appeal procedures.
6.A copy of AMC 8.10.150 Regarding disposition of seized and removed animals.
(d) Notice - Service. Service of the dangerous dog declaration upon the owner of the
animal may be made either by personal service to the owner, by posting such notice at the
residence of the owner or by certified mail to the last known address of the owner.
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(e) Appeal. An appeal of a dangerous dog declaration must be served upon the city of
Arlington police chief within five days of service of the potentially dangerous dog
declaration. Appeals shall be heard by the judge of the Marysville municipal court and
conducted in accordance with AMC 8.10.140.
(f) License prohibited. Dogs that are determined to be dangerous by any competent
jurisdiction are prohibited within the city limits of the City of Arlington and licensing these
animals is prohibited.
(g) Requirements for Dangerous Dogs. Strict compliance with each of the following
conditions is required if a dog is declared dangerous. An owner of a dangerous dog shall
have fifteen (15) days to comply with the requirements contained in this chapter unless
otherwise ordered by the court after appeal.
(h) Options of an owner of a dangerous dog living in the City limits
1.Dangerous dogs are prohibited from residing within City limits. If a dangerous dog is
sold, given away, or moved to another location, the owner shall provide the name, address,
and telephone number of the new owner, or the address and telephone number of the new
location if retained by the same owner, to the animal control agency within fifteen (15)
days of the declaration being served or otherwise ordered by the court. Compliance with
RCW 16.08, as well as any applicable city code, shall be required of any dangerous dog
owner. Upon notice that the dangerous dog is being relocated, the animal control agency
shall notify the new jurisdiction of the dangerous dog's relocation.
2.The owner may choose to surrender the dangerous dog to the Arlington Police
Department by signature on an Animal Surrender Agreement, stating that upon surrender
they relinquish the right to obtain any information about this animal, forfeit all claims of
this animal, and will, in no way, hold the Arlington Police Department responsible for the
final disposition of the animal.
(i) Failure to Comply with Dangerous Dog Requirements. Any dangerous dog shall be
seized and removed by the animal control authority if within fifteen (15) days of service of
the order or unless otherwise ordered by the court:
1.The owner has not surrendered the dog to the City; or
2.The owner has not provided animal control with proof and compliance
documentation that the dog was sold, given away, or moved to another location; or
3.The owner has failed to comply with any other provision in subsection (h).
(j) Penalty. Failing to comply with any dangerous dog requirement is a gross
misdemeanor. A dangerous dog seized and removed in violation of dangerous dog
requirements shall not be released during investigation of, or prosecution for, failure to
comply with dangerous dog requirements. Any person convicted of failing to comply with
dangerous dog requirements shall make restitution to the city of Arlington for all costs
incurred in boarding and disposition of such dog and shall forfeit any interest in such dog.
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(k) The provisions of this section shall not apply to dogs used by law enforcement officials
for police work.
Section 8. Arlington Municipal Code section 8.10.140 is hereby added to read as
follows:
8.10.140 -Appeal.
(a) Filing. A notice of appeal, substantially in the form prescribed, shall be filed with the
Marysville Municipal Court and the chief of police not more than five business days after
service of the order to abate a nuisance, potentially dangerous dog declaration, or
dangerous dog declaration. Failure to timely file a notice of appeal shall constitute a waiver
of the right to appeal the determination of the order to abate a nuisance, potentially
dangerous dog declaration, or dangerous dog declaration.
(b) Form.An appeal pursuant to this chapter shall be written and shall conform
substantially to the following requirements:
1.A caption reading: "Appeal of_," giving the names of all appellants
participating in the appeal;
2.A brief statement setting forth the legal interest of each of the appellants
involved in the notice and order;
3.A brief statement in concise language of the specific order or action protested,
together with any material facts claimed to support the contentions of the
appellant;
4.A brief statement in concise language of the relief sought, and the reasons why it
is claimed the protested order or action should be reversed, modified or otherwise
set aside;
5. Signatures of all parties named as appellants, and their official mailing addresses;
and
6. Certification (by signature of the appellant) that the appellant has read the
appeal, and that to the best of the appellant's knowledge, information, and belief,
the appeal is well grounded in fact.
(c) Scheduling of Hearing. Upon receipt of a timely filed notice of appeal, a hearing shall
be scheduled not more than 60 days from the date of the filing of the notice of appeal.
Written notice of the date of the hearing shall be sent to the appellant and respondent at
least 10 days prior to the scheduled hearing date. The failure of the appellant to appear at
the hearing shall result in a denial of the appeal and upholding of the order to abate a
nuisance, potentially dangerous dog declaration, or declaration of dangerous dog.
ORDINANCE NO. 2011-014 9
(d) Enforcement Stayed During Pendency of Appeal. Unless otherwise determined by
the judge of the Marysville municipal court, enforcement of the order to abate a nuisance or
I declaration of dangerous dog shall be stayed during the pendency of the appeal. However,
if a dog is declared dangerous and impounded by animal control,the court may require the
continued impoundment of the dog during the pendency of the appeal, or set conditions for
the dogs release. If the appeal is denied,the owner shall be liable for all costs incurred by
the City for the impound.
(e) Presentation of Evidence.At the appeal hearing,the judge shall take evidence
relevant to the order to abate a nuisance, potentially dangerous dog declaration, or
dangerous dog declaration. Testimony may be provided in the form of a signed written
statement pursuant to RCW 9A.72.085.
(f) Decision of the Court. The judge of the Marysville municipal court may uphold,
dismiss, or modify the order to abate a nuisance, potentially dangerous dog declaration, or
declaration of dangerous dog.A written order shall be prepared and signed by the judge.
The decision of the judge of the Marysville municipal court shall be a final administrative
decision appealable to the Snohomish County superior court within 30 days of the final
written order.
Section 9. Arlington Municipal Code section 8.10.150 is hereby added to read as
follows:
8.10.150 - Disposition of seized and removed animals - Bond requirements.
Any owner whose domestic animal is seized and removed pursuant to AMC 8.21.010
(Humane Care); 8.21.020 (Animal cruelty),AMC 8.10.040 (Potentially Dangerous) or AMC
8.10.045 (Dangerous dogs) shall, upon a finding of probable cause by the Marysville
municipal court,be required to post a bond or security within five (5) days of such
probable cause finding in an amount sufficient to provide for the animal's care for a
minimum of sixty (60) days from the seizure date. Failure to post such bond or security
shall authorize the city of Arlington or its agent to euthanize the animal or find a
responsible person to adopt the animal.The city of Arlington may euthanize severely
injured, diseased, or suffering animals at any time.
Section 10. Arlington Municipal Code section 8.10.160 is hereby added to read as
follows:
8.10.160 Impound procedures.
(a) Authority. The animal control authority and its authorized representatives are
authorized to apprehend and impound any animals in violation of this chapter. If in the
judgment of any licensed veterinarian an impounded animal is in need of immediate
medical attention, such medical procedures shall take place and the cost of such
procedure(s) shall be at the sole expense of the owner.
ORDINANCE NO. 2011-014 10
(b) Notice of Impound.When any licensed animal is impounded,the officer or
department impounding such animal shall notify the owner of the impoundment and the
reason therefore by mail,telephone or by leaving written notice at the address contained in
the license application. It shall be the owner's responsibility to take such measures for
redeeming such animal. Neither the city nor any officer or agent of the city shall be legally
or financially responsible for failing to notify an animal owner under this chapter. Should
an unlicensed animal be impounded, animal control shall take reasonable attempts to
notify the owner of the impoundment and the reason therefore by mail,telephone or by
leaving written notice at the address where the animal was impounded.
(c) Redemption of Animals by Owner. Unless otherwise provided in this chapter,the
owner of an impounded animal may redeem the animal at any time prior to the release for
adoption or disposal by the city and shall be entitled to the possession thereof upon
payment of all legal charges and expenses incidental to impound and keeping of said
animal. To redeem an unlicensed animal the owner shall provide proof of ownership and
license the animal prior to redemption.
(d) Adoption of Impounded Animals. If an impounded animal is known to belong to
someone who has been unable to claim the animal within 72 hours the animal control
authority may, at its discretion, extend the impound period for up to 10 days prior to
release of the animal for adoption.
(e) Disposition.Any animal not redeemed or adopted may be destroyed or otherwise
disposed of by the animal control authority. The mayor is authorized to enter into contracts
for disposal with appropriate agencies, not including vivisectionists.
(f) Disposal of Certain Animals. It is lawful for any police officer or animal control
officer to kill any dangerous or vicious dog or other animal found at large which cannot, in
their judgment, be safely taken up and impounded.
(g) Impounding Sick or Injured Animals. When in the judgment of a licensed
veterinarian or the animal control authority, an animal should be destroyed for humane
reasons; such animal may not be redeemed. The animal control authority or its agents shall
not be held liable for the destruction of said animal.
(h) Hindrance to Impounding. No person shall willfully:
1. Prevent or hinder the impounding of any animal found in violation of this chapter;
2. Remove the animal from the designated shelter without the authority of the chief of
police,the animal control authority or the officer in charge of the designated shelter;
ORDINANCE NO. 2011-014 11
3. Remove the animal from the designated shelter without paying all lawful charges
against the animal; or
4. Resist or obstruct the animal control authority or its officers in the performance of
its duties.
Section 11. Arlington Municipal Code section 8.10.170 is hereby added to read as
follows:
8.10.170 Penalties - Infraction unless otherwise designated.
Unless otherwise set forth in this chapter, a violation of any provision of this chapter shall
constitute a Class I civil infraction pursuant to Chapter 7.80 RCW. Issuance and disposition
of infractions issued for violations of this chapter shall be in accordance with Chapter 7.80
RCW. The penalty for violation of a provision of this chapter shall be $100.00. The penalty
for a second or subsequent offense in violation of the provision of this chapter within two
years shall be $250.00,
Section 12. Arlington Municipal Code section 8.10.200 is hereby repealed in its
entirety.
Section 13. Arlington Municipal Code section 8.13.070 is amended to read as follows:
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 8.13.100.
Section 14. 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 8.13.100 of this chapter.
Section 15. Arlington Municipal Code section 8.13.100 is hereby added to read as
follows:
8.13.100 Penalties - Infraction unless otherwise designated.
Unless otherwise set forth in this chapter, a violation of any provision of this chapter shall
constitute a Class I civil infraction pursuant to Chapter 7.80 RCW. Issuance and disposition
of infractions issued for violations of this chapter shall be in accordance with Chapter 7.80
ORDINANCE NO. 2011-014 12
RCW. The penalty for violation of a provision of this chapter shall be $100.00. The penalty
for a second or subsequent offense in violation of the provision of this chapter within two
years shall be $250.00.
Section 16. Arlington Municipal Code section 8.13.200 is hereby repealed in its
entirety.
Section 17. 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 (c) of this section.
(b) A person shall not breed a potentially dangerous wild animal.
(c) 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 18. Arlington Municipal Code section 8.17.100 is hereby added to read as
follows:
8.17.100 Penalties - Infraction unless otherwise designated.
Unless otherwise set forth in this chapter, a violation of any provision of this chapter shall
constitute a Class I civil infraction pursuant to Chapter 7.80 RCW. Issuance and disposition
of infractions issued for violations of this chapter shall be in accordance with Chapter 7.80
RCW. The penalty for violation of a provision of this chapter shall be $100.00. The penalty
for a second or subsequent offense in violation of the provision of this chapter within two
years shall be $250.00.
Section 19. Arlington Municipal Code section 8.17.200 is hereby repealed in its
entirety.
Section 20. Severability. If any such 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 21. 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. 2011-014 13
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
this day of 2011.
CITY OF ARLINGTON
Margaret Varson, Mayor
ATTEST:
Kristi anfield, City Clerk
APPROVED AS TO FORM:
S ven J. ei e, Attorney
ORDINANCE NO. 2011-014 14
CERTIFICATION OF ORDINANCE
1, 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
#2011-014 was approved at the June 6, 2011 City Council meeting.
ORDINANCE #2011-014
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING, REPEALING, AND ADDING CERTAIN SECTIONS TO TITLE 8
OF THE ARLINGTON MUNICIPAL CODE RELATING TO ANIMALS"
A true and correct copy of the original ordinance is attached.
Dated this 8th day of June 2011.
Kristi Banfield
City Clerk for the City of Arlington