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Home My WebLink About05-23-2011_Council Workshop Packet SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL APPROVAL OF THE AGENDA WORKSHOP ITEMS ~ NO FINAL ACTION WILL BE TAKEN 1. (15 min) Riverfront planning ATTACHMENT A 2. (10 min) Revisions to AMC Title 8 – Animals ATTACHMENT B 3. (5 min) Revision to AMC Section 2.32 to correct a typographical error ATTACHMENT C 4. (5 min) SR 530/Smokey Point Boulevard signage ATTACHMENT D 5. (10 min) Economic Development Update Status 6. (10 min) 2011 Goals Status Report Handout 7. Miscellaneous Council items ADJOURNMENT Arlington City Council Workshop May 23, 2011 – 7 PM City Council Chambers ~ 110 E. Third City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT A COUNCIL MEETING DATE: May 23, 2011 SUBJECT: Riverfront Master Planning DEPARTMENT OF ORIGIN: Community Development – Bill Blake ATTACHMENTS: 1. Map 2. Narrative EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: N/A DESCRIPTION: City Staff are putting together a Riverfront Master Plan to support park, recreation, critical area and economic development goals. HISTORY: The 2011 City Council Goals identifies several elements within the Riverfront Master Plan. Staff from the Executive, Community Development Public Works and Airport has been coordinating to develop a map and general guidelines for the Council to consider. This discussion with Council will help staff in determining the next steps we should take to keep the project moving forward. If completed, additional maps will be distributed at the meeting showing the commercial area along Burke. ALTERNATIVES: No action. RECOMMENDED MOTION: No action. Agenda Riverfront Master Plan January 18, 2011 Attendees: Sarah Higgins, Rob Putnam, Bill Blake Brief Description: This is the first meeting to begin developing a list of the actions and activities that need to occur for a coordinated effort of developing a Riverfront Master Plan for Arlington. The plan will focus on bringing together strategies for economic development, recreation, water access, restoration opportunities, cultural recognition and conservation of the natural environment. The main geographic sectors of this plan include Country Charm Conservation Area, Old Town business district along the river between Talcott and Haller Park, Haller Park and the Butler/Hammer Round House Stormwater Wetland Area. (See maps) One element of the planning process will be to formally name the sectors. The timeline for the various elements will be dependent on prioritization and available funding. Many of the elements can be accomplished through donations and volunteer participation, and may be completed before higher priority projects because of affordability. Prioritization will include identifying which elements would be a foundation for increasing tourist interest. The area is highly dependent on seasonal usage with intense use in the summer months while event based and local passive use in the off-season. Discussion Trail Connection: Finalize in better detail exact known locations where the trail connections will occur, including Centennial trail, Eagle Trail, Burke Avenue Trail, Twin Rivers trail, Hospital Trail and Country Charm trail. Maps: It was determined that we will have to create several maps that include various layers of information to keep the maps from becoming too busy. Examples of separate layers include recreation, zoning, existing use, restoration, utilities infrastructure maps (others may be needed). Haller Park: This is a good opportunity to take from past design efforts and develop a current alternative that includes bathrooms with showers, boat launch, stage, trail access, vendor area, etc. Round House/Eagle Trail/Stormwater wetland Improvements: Round House needs to have ADA improvements, painting and other maintenance activities to keep it sound. Installation of a bicycle campground with access to bathroom and water. Improvements around shelter to make for a park/picnic setting to be available to rent with shelter. Also need to remove outbuildings or make structurally sound and safe for public. Designate parking areas, impove driveway to 2 lane. Once the stormwater wetland is completed installation of educational and directional signage for trails. Country Charm Conservation Area/Graafstra: Campground, Off-leash Pet Area, Community Garden, Fishing ponds, trails, Swimming Access, Kayak launch, fields. (see existing plan) Old Town Business District between Talcott and Haller Park – This area is currently dominated by various types of residential development, but is targeted to redevelop into commercial retail businesses that provide services and products to tourists and residents. The prime location along the river bluff will offer excellent deck view opportunities for restaurants, bakeries, bars or coffee shops. Areas on the lower bank downstream offer the perfect location for kayak or other small boating sales and rental or guide shops. It will be important to assure that Bed & Breakfasts are allowed in this area as an alternative to the Campground at Country Charm. Common plan elements with connectivity to the overall project Marketing Strategy: It will be key that we proactively seek out local and outside desired business types and make them aware of the Master plan and encourage them to develop a branch of their business along the riverfront. We can provide incentives by assisting them through the permitting process, reduced parking or other creative cost saving measures. The desired business should have a mix of services that provide some level of attraction through all four seasons, with the understanding that there may be increased summer tourist related service jobs. Infrastructure: Parking in a central location will be important to capture current pass-through tourists, and can be done by restriping, acquisition of parking lot land, rickshaws or electric transit during summer months. Bathrooms at visible and high use locations will be important as well as garbage and recycle repository. Increasing the landscaping features would be another aspect that would be important for the area. . Some -existing areas that are maintained that could be put in to a more natural landscape to reduce maintenance., but the overall river front plan would require a significant increase in maintenance personnel. The installation of banners, street trees and signage similar to N. Olympic would be desired to increase attractiveness and expand the existing theme. Signage: Way finding signs will be a key element to optimizing the available connectivity of riverfront sectors. It is crtically important that inviting signage is placed along Burke, Division, Broadway, Highway 9 and Highway 530 to guide pass through travelers to services, parking and recreation opportunities. There will also be benefit from having a common style and theme to natural resource educational signage to assure that we are encouraging good stewardship of the resources. Partners: It is key for the long term success of the implementation of the Master plan that partnerships are established early in the process. The large variation of potential attractions in a small geographic area offers opportunity for public/private partnerships to leverage available funding for infrastructure installation and maintenance. There will be many adopt-a-park opportunities at large and small scales depending on the capacity of the volunteers ranging from a single person to a large service club or church. Funding: The Master Plan would benefit from the development of a Capital Infrastructure Plan (CIP) that includes a wide range of elements requiring funding. The CIP could identify which projects that would most likely be “Public Works” in nature versus the elements that would easily be completed through a private sector partner. The CIP could be written to recognize the temporal priorities that would implement the plan in an orderly fashion. Projects would build element upon element that strategically compliments the foundation for economic development, recreation and conservation of resources. Funding sources may include Parks mitigation fees, grants, donations, revenue generating leases to vendors, groups or large special events. Mitigation fees or donations can be used to leverage grant funds if base level of funding is retained in an account that can be dedicated as match when needed. Essential elements Management of the effort is key as there are multiple departments within the City that must work together for successful implementation of the plan. The departments that all have essential elements are Natural Resources, Recreation, PW M & O, PW Utilities, Planning, Economic Development. There are other very important elements to consider and receive public input and participation with such as cultural/historic uses, public art, tourism, special event solicitation and revenue generating partnerships. The successful implementation of the strategy may require the creation of a manager position that is responsible for the implementation of the plan including revenue generation, expenditure, and oversight of the maintenance and management of the facilities such as camp grounds, vendors and scheduling of events. The benefits of the close proximity of the facilities may justify establishing dedicated staff with riverfront expertise and equipment with a prioritized responsibility to this area to maintain maximum attractiveness to all users. Maps and GIS data are distributed “AS-IS” without warranties of any kind, either expressor implied, including but not limited to warranties of suitability for a particular purpose oruse. Map data are compiled from a variety of sources which may contain errors andusers who rely upon the information do so at their own risk. Users agree to indemnify,defend, and hold harmless the City of Arlington for any and all liability of any naturearising out of or resulting from the lack of accuracy or correctness of the data, or the useof the data presented in the maps. Arlington Riverfront Planning Area !"`$ ?Ô ?Ó ?| Phase IWetlandw/ Trail ViewingArea ViewingArea City of Arlington Riverfront Master Plan Recreation Detail Map ´ RecreationDetail11x17_11.mxd Date: File: Cartographer: Streams and waterbodies courtesy of Snohomish County Dept of Information Systems, June 2009. Aerial photographs taken in summer of 2009. kdk 0 250 500125Feet 2/14/2011 DRAFT ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!! !!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!! ! ! ! !!!!!!!!!!! ! ! ! ! ! ! !!!!!!! !!!!!!! ! ! ! ! !!! !!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!! ! ! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! ! !!!!! !!!!!! !!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!! ! !!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!! Graafstra Buffer Safe Swim Area Upland Area Parking Off Leash Area Multi-Use Field with Perimeter Trail Community Garden Wetland/Floodplain Habitat with Trails Seasonal Campground Fishing Pond Placeholder 0 1,200 2,400600 Feet ´ Legend !!!!Future Trails Country Charm Park Multi-Use Field with Perimeter Trail Community Garden Fishing Pond Wetland/Floodplain Habitat with Trails Graafstra Buffer Safe Swim Area Seasonal Campground Upland Area Stormwater Wetland Park Phase I Wetland w/ Trail Viewing Area Local roads City Limits City UGA Haller Park Site Plan Bathroom Parking and Road Areas New Admin. Bldg Play Areas Sidewalk Haller Park Proposed Design Old Town Stomwater Wetland Country Charm Recreational Area 0 150 30075 Feet City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT B COUNCIL MEETING DATE: May 23, 2011 SUBJECT: Revision to AMC Title 8 - Animals DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: - AMC Title 8, with suggested revisions EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: LEGAL REVIEW: City Attorney has not yet completed his review. City Prosecuting Attorney has recommended a majority of the changes in AMC Chapter 8.10 DESCRIPTION: City Council amended AMC Title 8 in 2011 as part of the Municipal Code update project. The City’s Prosecutor has requested staff make additional amendments to AMC Chapter 8.10 to make the chapter enforceable. Staff is also recommending additional changes to Title 8 to further clarify definitions and align with the RCWs. In addition, City staff has received a request from Mr. Knutson regarding our regulations that address chickens. City staff is requesting direction from the Council on Mr. Knutson’s requested revisions. HISTORY: The City has been updating the Arlington Municipal Code over the course of the past 18 months. The AMC is now available in a searchable format on the City’s website. The newly recodified AMC will be featured on the website in the coming weeks. ALTERNATIVES: Remand to staff for further revision. Council is requested to provide specific guidance should further revision be requested. RECOMMENDED ACTION: No action at this time. Staff is asking for guidance with respect to the proposed revisions regarding chickens. An ordinance will be prepared in accordance with the Council’s direction and will be placed on the June 6, 2011 Council meeting agenda for action. Arlington, Washington, Code of Ordinances Page 1 of 38 Title 8 - ANIMALS* Chapters: Chapter 8.05 - ADMINISTRATION, ENFORCEMENT AND DEFINITIONS Chapter 8.09 - ANIMAL CONTROL LICENSING AND MINOR VIOLATIONS Chapter 8.10 - ANIMAL CONTROL MAJOR VIOLATIONS Chapter 8.13 - REGULATION OF DOGS Chapter 8.17 - REGULATION AND CONTROL OF OTHER ANIMALS Chapter 8.21 - ANIMAL CRUELTY Chapter 8.05 - ADMINISTRATION, ENFORCEMENT AND DEFINITIONS Sections: 8.05.010 - Administration and enforcement. 8.05.020 - Purpose—Immunity. 8.05.030 - Definitions. 8.05.040 – Financial Responsibility of Animal Owner 8.05.010 - Administration and enforcement. (a) Administration and enforcement of the provisions of this title shall be the responsibility of the chief of the Arlington police department or any individual under the direct supervision and control of the chief of the Arlington police department, or any person employed, contracted with, or appointed by the chief of the Arlington police department as the animal control authority, for the purpose of aiding in the enforcement of this chapter and the laws of the state of Washington as they pertain to animal cruelty, shelter, welfare and control. Any individual employed, contracted with, or appointed by the chief of the Arlington police department, as the animal control authority, shall make periodic written reports of the work and services provided, as directed by the chief of police. (b) Entry Onto Private Property. Any police officer, or any person employed, contracted with, or appointed by the chief of the Arlington police department as the animal control authority, is authorized to enter upon public or private property, except any private residence, for the purpose of enforcing this chapter. Entry into a building designated for and used for private purposes without the consent of the owner or occupant may be accomplished only by a police officer and only upon the issuance of a proper search or arrest warrant by a court of competent jurisdiction showing that the officer has reasonable cause to believe an animal is being maintained in the building in violation of this title. Arlington, Washington, Code of Ordinances Page 2 of 38 (Ord. 1371 §1(part), 2005). 8.05.020 - Purpose—Immunity. (a) The purpose of this title is to protect the health, safety and welfare of the residents and citizens of the city, to delineate the responsibilities of animal owners and keepers, to provide for control and protection of dogs and other animals therein, and to the greatest degree practicable to prevent injury to humans, animals, and property by securing and enforcing those animal control measures deemed desirable and necessary and by providing a means of licensing animals, impounding animals, and controlling animal behavior so that it shall not constitute a nuisance, as well as to prevent or curtail cruelty to animals, and by licensing kennels, catteries, animal grooming parlors, and pet shops within the city of Arlington. (b) Nothing in this title shall be intended or construed to create any liability on the part of the city, its officers, employees or contractors. It is not the purpose or intent of this statute to create on the part of the city or its agents any special duties to or relationships with specific individuals. This title has been enacted for the welfare of the public as a whole. (Ord. 1371 §1(part), 2005). 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. "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 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 Arlington, Washington, Code of Ordinances Page 3 of 38 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. 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. Comment [kmb1]: Mr. Knutson suggests that our definition excludes birds kept as household pets, such as parrots, canaries, etc. Staff would like direction from Council on this suggestion. Arlington, Washington, Code of Ordinances Page 4 of 38 "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 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. "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: Arlington, Washington, Code of Ordinances Page 5 of 38 (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 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: Arlington, Washington, Code of Ordinances Page 6 of 38 (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. "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. "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 Arlington, Washington, Code of Ordinances Page 7 of 38 normally domesticated, raised, or bred by humans. (Ord. 1371 §1(part), 2005). (Ord. No. 2010-005, § 1, 2-16-2010) 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. Chapter 8.09 - ANIMAL CONTROL, LICENSING, AND MINOR VIOLATIONS Sections: 8.09.010 - Dog licenses—Required. 8.09.020 - Leash required. 8.09.030 - Unlicensed animals. 8.09.040 - Animal waste on publicly owned property or property not belonging to the owner. 8.09.050 - Animals at large. 8.09.060 - Animals on sidewalks. 8.09.070 - Animals at prohibited public places. 8.09.080 - Interfering with a wildlife corridor. 8.09.100 - Regulations pertaining to kennels, catteries, grooming parlors, pet shops, and other boarding facilities. 8.09.105 - Inspections. 8.09.110 - Revocation of license. 8.09.115 - Operation and facility requirements. 8.09.120 - Pet shops—Additional regulations. 8.09.125 - Grooming parlors—Conditions—Requirements. 8.09.130 – Penalties – Infraction unless otherwise designated. 8.09.200 - Violation—Penalty. 8.09.010 - Dog licenses—Required. (a) It is unlawful for any person, firm, or corporation to own, possess, harbor or maintain any Arlington, Washington, Code of Ordinances Page 8 of 38 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 (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 Arlington, Washington, Code of Ordinances Page 9 of 38 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. (Ord. 1371 §1(part), 2005). (Ord. No. 2010-005, § 2, 2-16-2010) 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. (Ord. 1371 §1(part), 2005). (Ord. No. 2010-005, § 3, 2-16-2010) 8.09.030 - Unlicensed animals. 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. (Ord. 1371 §1(part), 2005). (Ord. No. 2010-005, § 4, 2-16-2010) 8.09.040 - Animal waste on publicly owned property or property not belonging to the owner. It is unlawful for an owner of an animal to: (1) Fail to remove fecal matter deposited by the animal on public playgrounds, lawn areas and sidewalks, parks or other publicly owned land before the owner leaves the immediate area where the fecal matter was deposited; (2) Fail to remove fecal matter deposited by the animal on any private property not belonging to the owner without the property owner's permission; (3) Fail to possess the equipment necessary to remove animal fecal matter when Arlington, Washington, Code of Ordinances Page 10 of 38 accompanied by the animal on public property as set forth in this section; (4) Fail to remove fecal matter deposited by the animal as required in subsection (a) of this section is declared to be a nuisance; (5) This section shall not apply to cats or owners of cats. (Ord. 1371 §1(part), 2005). 8.09.050 - Animals at large. 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. (Ord. 1371 §1(part), 2005). (Ord. No. 2010-005, § 5, 2-16-2010) 8.09.060 - Animals on sidewalks. It is unlawful for any person to ride or leave an animal on any sidewalk within the city; provided, however, that it shall not be unlawful to walk a dog on the sidewalk while on a leash. (Ord. 1371 §1(part), 2005). 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. (Ord. 1371 §1(part), 2005). (Ord. No. 2010-005, § 6, 2-16-2010) 8.09.080 - Interfering with a wildlife corridor. It is unlawful for any person to interfere with an environmentally critical area or any animal therein as defined in AMC Chapter 20.88 or that blocks or interferes with the intended movement of wild animals. (Ord. 1371 §1(part), 2005). 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 Arlington, Washington, Code of Ordinances Page 11 of 38 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 31st. (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. (Ord. 1371 §1(part), 2005). (Ord. No. 2010-005, § 7, 2-16-2010) 8.09.105 - Inspections. No license will be issued until the existing or proposed kennel, cattery, grooming parlor, pet shop, or animal shelter is deemed adequate after it has been thoroughly inspected by the Arlington police department. It is a condition of issuance of any permit under this chapter that the animal control authority is permitted to inspect all animals and the premises where the animals are kept at any reasonable time. (Ord. 1371 §1(part), 2005). Arlington, Washington, Code of Ordinances Page 12 of 38 8.09.110 - Revocation of license. Licenses issued pursuant to this chapter may be revoked by the Arlington police department if the licensed kennel, cattery, grooming parlor, animal shelter, pet shop, or other boarding facility is operating in violation of any provision in this chapter applicable to the facility, the owner has been convicted of cruelty to animals or other similar crime, the owner or manager refused to comply with the ordinance or any law governing the protection or keeping of animals, or the applicant falsified or withheld information for the permit. In addition to license revocation, violators are subject to the penalty provided for in AMC Section 8.05.040. The revocation of the license may be appealed to the city's hearing examiner. The process for perfecting an appeal shall be as prescribed by the Arlington Municipal Code, Section 20.20.010. (Ord. 1371 §1(part), 2005). 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. (1) Food and bedding shall be stored in a fashion that prevents contamination or infestation. Refrigeration shall be provided for the protection of perishable foods. (2) The facilities, both for housing and waste disposal, shall be maintained and operated in a healthful, sanitary manner free from disease, contamination, infestation and 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. (3) Sick, diseased, or injured animals shall be isolated from healthy animals in quarters adequately ventilated to prevent contamination of healthy animals. (4) 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. (5) 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. (6) 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. (7) The facilities shall include washroom facilities, which include sinks and toilets, and have Arlington, Washington, Code of Ordinances Page 13 of 38 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. (8) 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. (9) Outdoor facilities shall: (A) Provide shelter and protection from adverse weather; (B) Provide sufficient room for adequate exercise and movement; (C) 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 (D) Be kept clean. (10) Indoor facilities shall: (A) Be heated or cooled to protect the animals from temperatures to which they are not acclimated; (B) Be adequately ventilated; (C) Have interior walls, ceilings and floors which are sealed and are resistant to absorption of moisture or odors; and (D) 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. (Ord. 1371 §1(part), 2005). (Ord. No. 2010-005, § 8, 2-16-2010) 8.09.120 - Pet shops—Additional regulations. (a) No person owning, operating, or employed by a pet shop shall knowingly sell any animal which is, at the time of the delivery of the animal to the buyer, sick, impaired, unweaned, injured, or otherwise so incapacitated that its weakness or incapacity will substantially impair its ability to recover or grow normally. (b) No person owning, operating, or employed by a pet shop shall knowingly misrepresent an animal to a consumer in any way. (c) No person owning, operating, or employed by a pet shop shall abuse, tease, or otherwise torment, nor permit any other person to abuse, tease or otherwise torment any animals therein. Arlington, Washington, Code of Ordinances Page 14 of 38 (d) Aquariums shall be constructed and maintained to provide adequate room for the fish contained therein. In addition, such aquariums shall be provided with an apparatus that will oxygenate the water contained in the aquarium, when required for the well being of the fish. (e) No person owning, operating, or employed by a pet shop shall exhibit any animal to public display for more than twelve consecutive hours. At no time shall any animal be placed on public display outside the enclosed premises of a pet shop by chaining or caging the animal upon the public street or other public place. (f) The business must have a plan to properly dispose of pet waste and follow the plan. (Ord. 1371 §1(part), 2005). 8.09.125 - Grooming parlors—Conditions—Requirements. (1) Not board animals, but keep said animals only for a reasonable time in order to perform the business of grooming. (2) 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. (3) Not permit animals kept therein for the purpose of grooming to have contact with any other animals therein. (4) Sterilize all equipment after each animal has been groomed and each cage after the animal that occupied it has left. (5) Not prescribe any treatment or medicine that is in the province of a licensed veterinarian as provided in RCW 18.92.010. (6) 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. (7) Be structurally sound, maintained in good repair, and provide sufficient security to contain the animals and prevent the entry of other unwanted animals. (8) Have grooming area with walls, ceilings, and floors that are sealed and are resistant to absorption of moisture and odors. (9) Be cleaned and sanitized on a regular basis and the disposal of pet waste must follow established law. (10) Not leave animals unattended during the drying process. (Ord. 1371 §1(part), 2005). (Ord. No. 2010-005, § 9, 2-16-2010) Arlington, Washington, Code of Ordinances Page 15 of 38 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. 8.09.200 - Violation—Penalty. Failure to comply with any provision of this chapter shall be a civil infraction with a fine of fifty dollars 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. (1) 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 fifty dollars. (2) Any person violating any provision of this chapter, not otherwise designated as a misdemeanor or gross misdemeanor, three or more times in any twelve-month period shall have committed a civil infraction punishable by a fine not to exceed two hundred fifty dollars. (3) Any violation of this chapter designated as a misdemeanor shall be punishable by a maximum of ninety days in jail and/or a fine not to exceed one thousand dollars. (4) Any violation of this chapter designated as a gross misdemeanor shall be punishable by a maximum of three hundred sixty-five days in jail and/or a fine not to exceed five thousand dollars. (Ord. 1371 §1(part), 2005). (Ord. No. 2010-005, § 10, 2-16-2010) Chapter 8.10 - ANIMAL CONTROL MAJOR VIOLATIONS Sections: 8.10.010 - Obstructing an officer or concealing an animal. 8.10.020 - Nuisance—Generally. 8.10.030 - Number of dogs and cats permitted. 8.10.040 - Potentially dangerous and dangerous dog. 8.10.045 – Dangerous dog Arlington, Washington, Code of Ordinances Page 16 of 38 8.10.050 - Noisy animals. 8.10.060 - Offensive premises. 8.10.070 - Injury to property. 8.10.080 - Violation—Public nuisance—Notice of abatement. 8.10.090 - Animal bite quarantine, responsibilities of the owner—Control of rabid or potentially rabid animals. 8.10.100 - Failure to report—When striking an animal with motor vehicle. 8.10.110 - Unlawful tethering. 8.10.120 - Unlawful possession. 8.10.130 - Destruction of dangerous, injured or diseased animals. 8.10.140 – Appeal. 8.10.150 – Disposition of seized and removed animals – Bond requirements. 8.10.160 – Impound procedures. 8.10.170 – Penalties – Infraction unless otherwise designated. 8.10.200 - Violation—Penalty. 8.10.010 - Obstructing an officer or concealing an animal. No person shall conceal any animal, or deny, prevent or obstruct a police officer, a properly designated city employee, or an animal control officer from enforcing any provisions of this title. The officer, or animal control authority, shall have the power to issue a citation, on the same forms as are used by members of the police department, to any violator of this chapter. (Ord. 1371 §1(part), 2005). 8.10.020 - Nuisance—Generally. Every owner of an animal shall exercise the care and control of the animal necessary to prevent the animal from becoming a public nuisance as defined in AMC Section 8.05.030. (Ord. 1371 §1(part), 2005). 8.10.030 - Number of dogs and cats permitted. No person shall keep more than three adult dogs, more than and/or 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. (Ord. 1371 §1(part), 2005). 8.10.040 - Potentially dangerous and 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 potentially dangerous dog declaration. Arlington, Washington, Code of Ordinances Page 17 of 38 (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. (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; Arlington, Washington, Code of Ordinances Page 18 of 38 (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. (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 inches, and under the physical control of a person eighteen 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. Arlington, Washington, Code of Ordinances Page 19 of 38 (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 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 (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 one hundred thousand dollars 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 one Arlington, Washington, Code of Ordinances Page 20 of 38 hundred thousand dollars insuring the owner or keeper for personal injuries inflicted by the dog. (j) 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 ten dollars per day for each day such dangerous dog is quarantined by the animal control authority and in the amount of fifty dollars for the cost of destroying such dangerous dog. (l) 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 forty-eight inches and under the physical control of a person eighteen 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 eighteen years to own or keep a potentially dangerous or dangerous dog within the city limits. Arlington, Washington, Code of Ordinances Page 21 of 38 (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 (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. (Ord. 1371 §1(part), 2005). (Ord. No. 2010-005, § 11, 2-16-2010) 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: Arlington, Washington, Code of Ordinances Page 22 of 38 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. (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, ot 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 Arlington, Washington, Code of Ordinances Page 23 of 38 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 comploy 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. (k) The provisions of this section shall not apply to dogs used by law enforcement officials for police work. 8.10.050 - Noisy animals. It is unlawful for a person to keep, harbor, maintain, possess, or have under their control, any animal or fowl which habitually howls, yelps, whines, barks, or makes any other oral noise in such a manner that can be heard inside a residence or work place. It is a violation when the noise is confirmed by police officer and the owner or the person in control of the animal immediately fails to stop the noise. Any such animal is declared to be a nuisance and may be seized and impounded if the disturbance reoccurs after the animal's owner has received one warning from the police department within a sixty-day period or three warnings within any twelve-month period. Whenever three or more persons living in separate residences state in writing that any such animal is violating any provisions of this section, it may be considered a violation of this chapter and the police department will forward the information to the city prosecutor for action. (Ord. 1371 §1(part), 2005). 8.10.060 - Offensive premises. No person shall permit or suffer any premises owned or occupied or controlled by him or her, within the city, to become nauseous, foul, offensive or injurious to public health or unpleasant or disagreeable to other persons, and any such premises, so maintained, shall be deemed to be and are declared to be a nuisance. It is prima facie evidence that a premise is foul or offensive when the smell of fecal matter extends beyond the legal property boundary or at least twelve individual fecal materials are present in the animal's confined yard. Arlington, Washington, Code of Ordinances Page 24 of 38 (Ord. 1371 §1(part), 2005). 8.10.070 - Injury to property. It is unlawful for an owner of an animal other than cats and pigeons to suffer or permit the animal to trespass on property so as to cause one hundred dollars or more in damage to property, or to spill or to spread garbage. (Ord. 1371 §1(part), 2005). 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. (Ord. 1406 §1, 2006; Ord. 1371 §1(part), 2005). (Ord. No. 2010-005, § 12, 2-16-2010) 8.10.090 - Animal bite quarantine, responsibilities of the owner—Control of rabid or potentially rabid animals. (a) Quarantine—Required—Length. (1) The owner of a dog alleged to have bitten a person must produce valid certification of a current rabies vaccination or the dog must be quarantined by either securing the dog on the owner's premises with the approval and supervision of the animal control authority and not allowing the dog to be at large or to come into contact with any person or animal for ten days or placing the dog in a veterinary hospital or approved shelter for at least ten days beginning when notification is received. The dog may not be transported outside the city limits without Arlington, Washington, Code of Ordinances Page 25 of 38 the written permission of the police department. (2) It shall be the duty of every medical doctor, hospital, or other applicable health official to report all animal bites that break the skin, regardless of provocation factors or previous inoculations record of the animal. Such report shall be made to the police department, as promptly as possible so that quarantine procedures can be instituted in a timely fashion. (b) Quarantine—Location. (1) The place of quarantine shall be established by the chief of the Arlington police department, and the chief, or any individual employed, contracted with, or appointed by the chief of the Arlington police department as the animal control authority may, in its discretion, allow the owner and/or keeper of the animal to maintain the quarantine. No animal under confinement shall be released from confinement without approval of the police department. If the owner and/or keeper is unable or unwilling to confine the animal, or if the chief of the Arlington police department, or the animal control authority, determines from the prior history of the animal that confinement is not likely, the animal may be quarantined by the animal control authority, or at a veterinarian and/or boarding kennel of the owner's choice, provided that the costs to board the animal shall be borne by the owner if in a location other than the owner's residence. (2) Boarding or kennel fees, if any, for the quarantine period shall be paid by the animal's owner and the release of the animal shall be conditioned upon payment of the fees. (c) Produce for Examination. It is unlawful for the owner or custodian of any animal that has been reported as having bitten a person to refuse to produce such animal for examination and quarantine upon demand of the police department. (d) Penalty. If the owner or custodian of any such animal refuses to produce the animal, he or she shall be subject to immediate arrest by a police officer if probable cause exists to believe that the animal has bitten a person and the owner or custodian willfully refuses to produce the animal on demand. Any person who willfully fails or refuses to produce an animal that has bitten a human being, or who destroys an animal that has bitten a human being, is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of up to one thousand dollars. (e) Quarantine—Illness. Should the animal during the observation period manifest any unusual behavior or develop symptoms of illness or die, the owner or veterinarian shall immediately notify the police department of that condition. The police department shall take immediate action to obtain a pathological and inoculation examination of the animal. If the animal is found to be rabid, the police department shall notify the county public health officer of any reports of human contact with the animal. Any animal that has not been inoculated against rabies and is known to have been bitten by a rabid animal shall immediately be humanely destroyed. (Ord. 1371 §1(part), 2005). Arlington, Washington, Code of Ordinances Page 26 of 38 8.10.100 - Failure to report—When striking an animal with motor vehicle. A person who strikes a domestic animal, domestic livestock, or deer, while operating a motor vehicle shall stop at once, render reasonable assistance and immediately attempt to report the injury or death to the animal's owner. If the animal's owner cannot be ascertained and located, the person shall at once report the accident to the police. This section shall not be construed to require the person striking the animal with a motor vehicle to be financially responsible for any injury to or death of the animal. (Ord. 1371 §1(part), 2005). 8.10.110 - Unlawful tethering. It is unlawful for an owner to tether and leave an animal unattended in such a manner as to permit the animal to be on a sidewalk, street or alley; or to allow the animal to enter any premise and create a nuisance. (Ord. 1371 §1(part), 2005). 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 authority within forty-eight hours. Failure to report such possession or to surrender the animal to the animal control authority upon demand is unlawful. (Ord. 1371 §1(part), 2005). (Ord. No. 2010-005, § 13, 2-16-2010) 8.10.130 - Destruction of dangerous, injured or diseased animals. An animal control authority may humanely destroy any dangerous or vicious animal found at large, which cannot in the judgment of the animal control authority, be safely taken and impounded after reasonable attempts to do so have been made. An animal suffering from serious injury or disease may be humanely destroyed by the impounding authority; provided, that the impounding authority shall immediately notify the owner if the owner is known, and if the owner is unknown, make all reasonable efforts to locate and notify the owner. The animal's owner shall be held liable for the costs of the treatment and the destruction. If possible, before the animal's destruction, the animal control authority shall take reasonable steps to serve the animal's owner, if known, with notice of the destruction. (Ord. 1371 §1(part), 2005). 8.10.140 - Appeal. (a) Filing. A notice of appeal, substantially in the form prescribed, shall be filed iwth the Marysville Municipal Court and the chief of police not more than five business days after service of Arlington, Washington, Code of Ordinances Page 27 of 38 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 ot 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. (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 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 Arlington, Washington, Code of Ordinances Page 28 of 38 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. 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 (HumaneCare); 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 Arlington 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. 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. Should it be in the judgment of any licensed veterinarian that 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. (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. Arlington, Washington, Code of Ordinances Page 29 of 38 (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; 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. 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. 8.10.200 - Violation—Penalty. (a) No person shall violate or fail to comply with this chapter. Arlington, Washington, Code of Ordinances Page 30 of 38 (b) A first violation of or failure to comply with this chapter within a twelve-month period is a class 3 civil infraction. (c) A second violation of or failure to comply with this chapter within a twelve-month period is a class 1 civil infraction (d) A third or subsequent violation of or failure to comply with this chapter within a twelve-month period is a gross misdemeanor. (Ord. 1371 §1(part), 2005). (Ord. No. 2010-005, § 14, 2-16-2010) 8 Chapter 8.13 - REGULATION OF DOGS Sections: 8.13.010 - Transfer of dog ownership. 8.13.020 - Confining dogs in heat. 8.13.030 - Right of entry and inspection onto private property. 8.13.040 - Impoundment procedure—Generally. 8.13.050 - Impoundment—Fees. 8.13.060 - Removing without permission. 8.13.070 - Chasing vehicles or cyclists. 8.13.080 - Threat to pedestrians or cyclists. 8.13.090 - Dogs prohibited—Locations. 8.13.100 – Penalties – Infraction unless otherwise designated. 8.13.200 - Violation and penalty. 8.13.010 - Transfer of dog ownership. Whenever the ownership of a dog changes the new owner shall notify the licensing agency within thirty days and shall pay a fee as adopted by council resolution, whereupon the licensing agent shall change the records and the previously issued license shall remain valid for the remainder of the license year. (Ord. 1371 §1(part), 2005). 8.13.020 - Confining dogs in heat. The owner or person having charge of any unaltered female dog shall confine such dog in a building or enclosed area during the period such dog is in heat. Any person who violates this Arlington, Washington, Code of Ordinances Page 31 of 38 section shall be committing a nuisance punishable in accordance with AMC Section 8.10.200. (Ord. 1371 §1(part), 2005). 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: (1) For any reason provided for in this chapter; (2) 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; (3) 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; (4) An animal control authority may enter the private property of another to enforce this chapter with a search warrant or when authorized by law; (5) 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; (6) 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; (7) 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 the dog; except as set forth herein, the officer shall not enter the residence of the owner without permission or a warrant. (Ord. 1371 §1(part), 2005). (Ord. No. 2010-005, § 15, 2-16-2010) 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: Arlington, Washington, Code of Ordinances Page 32 of 38 (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. (Ord. 1371 §1(part), 2005). (Ord. No. 2010-005, § 16, 2-16-2010) 8.13.050 - Impoundment—Fees. (a) For every dog impounded pursuant to this chapter, there shall be paid to the police department, by any person desiring to redeem such animal, the total fees, as set by a fee resolution, before the dog is released from impoundment. For a dog unlicensed at the time of the Arlington, Washington, Code of Ordinances Page 33 of 38 current impoundment, the fees set forth above shall be increased by fifty percent. In addition, a current dog license must be obtained before the dog is released. (b) In addition to the impoundment fee, the animal control authority may require payment of a reasonable amount per day per dog for costs of boarding. For purposes of this section, a day shall consist of each twenty-four hour period or any portion thereof calculated from the time the dog is initially impounded. This amount shall be set in accordance with the boarding fee provided in the contract between the city of Arlington and the animal control authority and shall be paid prior to the release of the animal. (Ord. 1371 §1(part), 2005). 8.13.060 - Removing without permission. It is unlawful for any person to remove an animal from the property of another without the animal owner's permission or to remove any detained animal from the custody of the police department. (Ord. 1371 §1(part), 2005). 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 8.13.100. (Ord. 1371 §1(part), 2005). (Ord. No. 2010-005, § 17, 2-16-2010) 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 8.09.0808.13.100 of this chapter. (Ord. 1371 §1(part), 2005). (Ord. No. 2010-005, § 18, 2-16-2010) 8.13.090 - Dogs prohibited—Locations. It is unlawful for the owner or keeper of any dog to permit such dog to enter a place where food is stored, prepared, served or sold to the public; provided, this section shall not apply to dogs trained to aid the handicapped. (Ord. 1371 §1(part), 2005). Arlington, Washington, Code of Ordinances Page 34 of 38 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 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. 8.13.200 - Violation and penalty. Failure to comply with any provision of this chapter shall be a gross misdemeanor subject to a term of not more than ninety days, a fine of not more than one thousand dollars, any fees incurred by the city in the course of the impound, or both a fine and imprisonment. (Ord. 1371 §1(part), 2005). Chapter 8.17 - REGULATION AND CONTROL OF OTHER ANIMALS Sections: 8.17.010 - Keeping animals in the city—General regulations. 8.17.020 - Potentially dangerous wild animals—Prohibited. 8.17.050 - Hitching of horses prohibited in business or commercial districts. 8.17.060 - Driving or riding animals so as to endanger persons or property. 8.17.200 - Violation and penalty. 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 Comment [kmb2]: Mr. Knutson requests a specific section be added to specifically addresses chickens with a limit on the number of chickens allowed, the prohibition of roosters, and the allowance to use “Chicken Tractors”. Arlington, Washington, Code of Ordinances Page 35 of 38 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 feet from any property line or adjacent residence or building, and fifty feet from any rights-of-way, public or private. (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. (Ord. 1371 §1(part), 2005). (Ord. No. 2010-005, § 19, 2-16-2010) 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 (c2) of this section. (1b) A person shall not breed a potentially dangerous wild animal. (2c) 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 Comment [kmb3]: Mr. Knutson requests clarification on what an approved structure looks like and if it requires permits, plan review, and inspections. Comment [kmb4]: Mr. Knutson requests that this be repealed. Comment [kmb5]: Mr. Knutson requests clarification on this item – can chicken waste be put on gardens? Arlington, Washington, Code of Ordinances Page 36 of 38 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. (Ord. 1371 §1(part), 2005). (Ord. No. 2010-005, § 20, 2-16-2010) 8.17.050 - Hitching of horses prohibited in business or commercial districts. It is unlawful for any person to leave a horse tied, fastened or hitched to any object in a business or commercial zone of the city. (Ord. 1371 §1(part), 2005). 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. (Ord. 1371 §1(part), 2005). (Ord. No. 2010-005, § 23, 2-16-2010) 8.17.200 - Violation and penalty. Failure to comply with any provision of this chapter shall be a gross misdemeanor subject to a term of not more than ninety days, a fine of not more than one thousand dollars, any fees incurred by the city in the course of the impound, or both a fine and imprisonment. (Ord. 1371 §1(part), 2005). Chapter 8.21 - ANIMAL CRUELTY Sections: Arlington, Washington, Code of Ordinances Page 37 of 38 8.21.010 - Humane care—Violations declared unlawful. 8.21.020 - Cruelty. 8.21.100 - Violation and penalty. 8.21.010 - Humane care—Violations declared unlawful. It is unlawful for a person to: (1) Willfully and inhumanely injure or kill any animal by any means; (2) Negligently or intentionally cause or fail to alleviate any pain, suffering or injury of any animal, including but not limited to failing to provide the animal with sufficient food and water, proper shelter, rest, sanitation, ventilation, and veterinary care when needed to prevent suffering, and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure; (3) Willfully or maliciously lay out or leave poison, or otherwise expose any wild or domestic animal to poison or aid or abet any person in so doing, unless in accordance with the provisions of RCW 16.52.190; provided, that this section shall not apply to the killing by poison of such animal in a lawful and humane manner by the owner of the animal or by a duly authorized servant or agent of the owner, or by a person acting pursuant to instructions from a duly constituted public authority; (4) Abandon any domestic animal by leaving the animal on the street, road or highway, or in any other public place, or on the private property of another; (5) Confine an animal within a motor vehicle under conditions that may endanger the health or well-being of the animals, including but not limited to extreme temperatures, or lack of food, water or attention. Any animal control or police officer is authorized to remove an animal from a motor vehicle, at any location, when the officer reasonably believes the animal is confined in violation of this subsection. The removing officer shall leave written notice of the removal and delivery, including the officer's name, in a conspicuous, and secure location on or within the vehicle; or (6) Hunt any wild animal during a legal season for that animal within the boundaries of the city. (Ord. 1371 §1(part), 2005). 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 Arlington, Washington, Code of Ordinances Page 38 of 38 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. (Ord. 1371 §1(part), 2005). (Ord. No. 2010-005, § 24, 2-16-2010) 8.21.100 - Violation and penalty. Failure to comply with any provision of this chapter shall be a gross misdemeanor subject to a term of not more than ninety days, a fine of not more than one thousand dollars, any fees incurred by the city in the course of the impound, or both a fine and imprisonment. (Ord. 1371 §1(part), 2005). 1 Kristin Banfield From:Neil Knutson [maxxnut@maxxconnect.net] Sent:Wednesday, May 18, 2011 10:43 AM To:Kristin Banfield Cc:Margaret Larson; Steve Baker; Chris Raezer; Scott Solla; Marilyn Oertle; Sally Lien; Dick Butner; Linda Byrnes; Allen Johnson Subject:chicken ordinance Hi Kristin, Here are my thoughts on parts of the animal ordinance that need to be looked at or altered. I will start with the "definitions". First, under 8.05.030, the definition of "Fowl" would lead me to include in house birds like parrots and canaries, ect. I think that at the end of the Fowl definition, you should exclude such "feathered birds". In addition, "Pigeons" should include all pigeons like "homing" and "racing". Relating to AMC 8.17.010 (a) (3)..."all species of fowl..shall be kept in an approved building, pen, or enclosure, does the City have a process for an owner of fowl to get their pen or structure approved by the City Building Department, including permits and plan review ? Or is this just a little over the top ? And about line (7) , same code, "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".... I think the code reads that the Police Chief is the top animal control officer, does he have a proper waste disposal plan, and would that plan approve putting chicken waste on our gardens ?? And the part of the code that needs the most revision is 8.17.010 (a) (4) "all such structures shall be located a minimum of twenty-five feet from any property line or adjacent residence or building, and fifty feet from any rights-of-way, public or private." This needs to be removed as it stops 80 to 90 percent of Arlington's residents from owning chickens. I don't believe a chicken coop needs any setback from a property line, keeping the structure neat and clean is far more important. I would also like to see code relating to chickens written specifically for chickens, and having limits to the number of birds somewhere around seven, prohibiting roosters entirely, and allowing the use of "Chicken Tractors" as commonly known. In addition, I have no issues with code 8.010.050 and 8.010.060 Please forward this to the Police Chief and the City's Prosecuting attorney for review. Neil Knutson City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT C COUNCIL MEETING DATE: May 23, 2011 SUBJECT: Revision to AMC Section 2.32.040 to correct a typographical error DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: - AMC Chapter 2.32 - Proposed Ordinance to amend AMC Section 2.32.040 to correct a typographical error EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: LEGAL REVIEW: City Attorney has completed his review. DESCRIPTION: City Council amended AMC Title 2 in 2010 as part of the Municipal Code update project. Recently, a typographical error was brought to our attention in AMC Section 2.32.040. Since the Council adopted amendments to this section more than 1 year ago, it is recommended that the Council adopt an ordinance that corrects this typographical error. HISTORY: The City has been updating the Arlington Municipal Code over the course of the past 18 months. The AMC is now available in a searchable format on the City’s website. The newly recodified AMC will be featured on the website in the coming weeks. ALTERNATIVES: Remand to staff for further revision. Council is requested to provide specific guidance should further revision be requested. RECOMMENDED ACTION: No action at this time. Council will be asked to approve the proposed ordinance at the June 6, 2011 Council meeting. Arlington, Washington, Code of Ordinances >> Title 2 - ADMINISTRATION AND PERSONNEL >> Chapter 2.32 - POLICE DEPARTMENT >> Chapter 2.32 - POLICE DEPARTMENT* Editor's note— For statutory provisions pertaining to the police department, see RCW 35.24.160. Sections: 2.32.010 - Created. 2.32.020 - Enforcement. 2.32.030 - Administration. 2.32.040 - Appointment of personnel. 2.32.050 - Appointment of part-time officers. 2.32.060 - Compensation. 2.32.010 - Created. A police department of the city is created, which department shall succeed the police department which has existed for many years. (Ord. 596 §1, 1970). 2.32.020 - Enforcement. It shall be the duty of all city police officers to enforce the city ordinances, laws of the state and all other local, police, sanitary and other regulations as do not conflict with general laws. (Ord. 596 §2, 1970). 2.32.030 - Administration. A. The police department shall have a police chief, who shall be in general charge of the police department. The police chief shall be appointed by the mayor, subject to confirmation by the city council. The police chief shall hold the appointment at the pleasure of the mayor. B. The chief of police shall, subject to the approval of the mayor, promulgate such rules and regulations pertaining to the administration of the police department as he/she may deem necessary and proper. C. The police chief shall, upon appointment, take an oath of office. (Ord. 596 §3, 1970). (Ord. No. 1476, § 31, 11-2-2009) 2.32.040 - Appointment of personnel. Subject to civil service laws and city ordinances the police chief will recommend to the mayor the appointments of fire police department personnel as may be appropriate and necessary for the proper performance of the duties of the police department. (Ord. 596 §4, 1970). (Ord. No. 1476, § 32, 11-2-2009) 2.32.050 - Appointment of part-time officers. The mayor may appoint such other part-time city police officers as may be authorized by the city council from time to time. (Ord. 596 §5, 1970). 2.32.060 - Compensation. The chief of police and all other full-time city police officers shall be paid such salary as adopted in the annual city budget. (Ord. 596 §6, 1970). (Ord. No. 1476, § 33, 11-2-2009) ORDINANCE NO. 2011-XXX ORDINANCE NO. 2011-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING ARLINGTON MUNICIPAL CODE SECTION 2.32.040 TO CORRECT A TYPOGRAPHICAL ERROR WHEREAS, the City of Arlington, Washington, has the authority to adopt ordinances for the general welfare of its citizens; and WHEREAS, the City previously adopted Ordinance No. 1476, which contained a typographical error; and WHEREAS, the City wishes to amend Ordinance No. 1476 to correct the error; NOW, THEREFORE, the City Council of the City of Arlington, Washington, do ordain as follows: Section 1. Arlington Municipal Code section 2.32.040 shall be amended to read as follows: 2.32.040 - Appointment of personnel. Subject to civil service laws and city ordinances the police chief will recommend to the mayor the appointments of police department personnel as may be appropriate and necessary for the proper performance of the duties of the police department. Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional, or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 3. 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. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2011. CITY OF ARLINGTON ____________________________________ Margaret Larson, Mayor ORDINANCE NO. 2011-XXX ATTEST: ___________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ___________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT D COUNCIL MEETING DATE: May 23, 11 SUBJECT: Review of signage options on Smokey Point Blvd / Hwy 530 DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: - Signage Options EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: N/A DESCRIPTION: City staff is working with WSDOT to place signage on Smokey Point Blvd near SR 530. The signage is being designed to provide motorists with a clear understanding of their choices as they approach Hwy 530. Staff would like Council input on the signage that directs motorists to downtown. WSDOT originally provided staff with two options (Options #3 & #4). Staff suggested two additional options (Options #1 & #2) for consideration. Staff solicited input from DABA, which indicated they prefer Option #2. ALTERNATIVES: Remand for further revision. If this alternative is selected, staff requests Council provide specific direction on any revisions. RECOMMENDED ACTION: City staff would like to receive general direction from City Council, so we may provide direction to WSDOT for the sign production. OPTION 1 OPTION 2 OPTION 3 OPTION 4