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					 1                                                CITY OF LYNNWOOD
 2
 3                                          ORDINANCE NO. ________
 4
 5                      AN ORDINANCE OF THE CITY OF LYNNWOOD,
 6                      WASHINGTON, AMENDING CHAPTER 6.02 OF
 7                      THE LYNNWOOD MUNICIPAL CODE RELATING
 8                      TO ANIMAL CONTROL AND PROVIDING FOR
 9                      SEVERABILITY AND SUMMARY PUBLICATION.
10
11
12
13          WHEREAS, the City Council has adopted Chapter 6.02 of the Municipal Code
14   providing for animal control within city corporate boundaries; and
15
16           WHEREAS, the City Council has determined that it is in the best interests of the
17   City to amend the City’s animal control ordinance to conform to state law and to more
18   efficiently regulate exotic and dangerous animal and the animal impound process; now,
19   therefore
20
21        THE CITY COUNCIL OF THE CITY OF LYNNWOOD, WASHINGTON, DO
22   ORDAIN AS FOLLOWS:
23
24   Section 1.
25
26   6.02.015 Definitions.
27
28   A. “Animal” means any nonhuman mammal, bird, reptile, oramphibian.
29
30   B. “Animal control authority” means the department of the city with responsibility for
31   enforcement of the animal control laws of the city, county, and state and the shelter and
32   welfare of animals.
33
34   C. “Animal control officer” means any individual employed, contracted with, or
35   appointed by the animal control authority for the purpose of aiding in the enforcement of
36   this chapter or any other law or ordinance relating to impoundment of animals, and
37   including any state or local law enforcement officer or any other employee whose duties
38   in whole or in part include assignments that involve seizure and impoundment of any
39   animal.
40
41   D. “At large” means off the premises of the owner and not under the immediate control
42   of the owner, member of his immediate family or person authorized by the owner, by
43   means of a leash, cord or chain not longer than eight feet in length.
44
45   E. “Dangerous animal” means any animal that according to the records of the appropriate
46   authority has:


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 1
 2           1. Inflicted severe injury on a human being without provocation on public or
 3   private property; or
 4
 5            2. Killed a domestic animal while off the owner’s property; or
 6
 7           3. Been previously found to be potentially dangerous, the owner having received
 8   notice of such, and the animal again aggressively bites, attacks, chases or approaches a
 9   person on the streets, sidewalks or any public ground in a menacing fashion or apparent
10   attitude of attack, or endangers the safety of humans or domestic animals.
11
12   F. “Domestic animals” means any animals that are usually tamed and bred for the uses of
13   humans.
14
15   G. “Exotic animal” means any animal which is not commonly domesticated or which is
16   not native to or usually found in the United States, including:
17
18            1. All nonhuman primates;
19
20           2. All wild cats of the family Felidae and their hybrid, except for the domestic cat,
21   Felis catus;
22
23            3. All species of bear;
24
25         4. All wild carnivores of the family Canidae and their hybrid, except for the
26   domestic dog, Canis familiaris;
27
28            5. Venomous reptiles and amphibians;
29
30          6. All reticulated pythons, Burmese pythons and snakes which may reach 10 feet
31   or more in length; and
32
33         7. All members of Alligator (Alligator), Crocodile (Crocodylus) and Caiman
34   (Crocodylus).
35
36   H. “Guard dog” means any dog which has been trained or is represented by its owner as
37   having been trained to protect persons and/or property by exhibiting hostility and
38   aggressiveness to unauthorized persons. A “dangerous animal” or “potentially dangerous
39   animal” as defined by this chapter is not a guard dog.
40
41   I. “Livestock” means animals usually found on farms, including but not limited to horses,
42   mules, bovine animals, sheep, goats, llamas, ostriches, and swine. Except, livestock shall
43   not mean miniature pot-bellied pigs as defined in this section.
44




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 1   J. “Miniature pot-bellied pig” means a type of swine commonly known as the North
 2   American Vietnamese, Chinese, or Asian pot-bellied pig (sus scrofa vittatus) that is no
 3   more than 22 inches in height at the shoulder and no more than 150 pounds in weight.
 4
 5   K. “Owner” means a person who has a right, claim, title, legal share, or right of
 6   possession to an animal or a person having lawful control, custody, or possession of an
 7   animal.
 8
 9   L. “Person” means individuals, corporations, partnerships, associations, or other legal
10   entities, and agents of those entities.
11
12   M. “Potentially dangerous animal” means any animal that when unprovoked:
13
14          1. Inflicts bites on a human or domestic animal either on public or private
15   property; or
16
17           2. Chases or approaches a person on the streets, sidewalks, or any public grounds
18   in a menacing fashion or apparent attitude of attack, or any animal with a known
19   propensity, tendency, or disposition to attack unprovoked, to cause injury, or otherwise to
20   threaten the safety of humans of domestic animals.
21
22   N. “Poultry” means domestic fowl normally raised for meat or eggs, and includes, but is
23   not limited to, chickens, turkeys, ducks, and geese.
24
25   O. “Proper enclosure of a dangerous animal” means, while on the owner’s property, a
26   dangerous animal shall be securely confined indoors or in a securely enclosed and locked
27   pen or structure, suitable to prevent the entry of young children and to prevent the animal
28   from escaping. Such pen or structure shall have sides secured either to a concrete floor or
29   embedded at least six inches into the ground, shall have a secured top, and shall also
30   provide protection from the elements for the animals.
31
32   P. “Provocation” means taunting, tormenting, abusing, or assaulting an animal. It also
33   means a willful trespass or other tort upon the premises occupied by the owner of an
34   animal or upon the premises where an animal is normally kept.
35
36   Q. “Severe injury” means any physical injury that results in broken bones or lacerations
37   requiring multiple sutures or cosmetic injury.
38
39   R. “Wild animal” means an animal living in its natural state and native to the United
40   States and not normally domesticated, raised or bred by humans.
41   6.02.020 Licensing.
42
43   A. License required. All dogs and cats over the age of six months within the city limits
44   must be licensed by the city except:
45          1. Dogs and cats whose owners are nonresidents temporarily within the city;
46



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 1           2. Dogs and cats brought into the city for the purpose of participating in shows,
 2   exhibits, or competitions;
 3
 4          3. Dogs who are specially trained to assist visually impaired, hearing impaired, or
 5   otherwise physically disabled persons if the dog is in training or is actually serving as a
 6   guide or service dog as defined in Chapter 70.84 RCW, are required to be licensed;
 7   however, they are exempt from licensing fees;
 8
 9            4. Dogs and cats kept and intended for sale by licensed pet stores.
10
11   B. Tags and fees.
12
13           1. Tags. The police department or other animal control agency designated by the
14   city council shall issue animal licenses consisting of a metal tag with a number
15   corresponding to the number of the application to the applicant. The applicant is required
16   to cause the tag to be attached or fixed to the animal. The tag is not transferable.
17
18            2. Fees. The following fees shall be paid for licenses required under this chapter:
19
20                  a. Spayed or neutered cats and dogs with a veterinarian’s certificate or a
21   signed affidavit (lifetime tags issued): $5.00; provided, however, the fee for lifetime tags
22   may be waived by the city if an owner of a cat or dog has their animal spayed or neutered
23   during spay/neuter promotional days designated by the animal control authority.
24
25                      b. Unspayed or unneutered cats and dogs (annual): $50.00.
26
27                      c. Replacement tags (lost): $2.50.
28
29   Licenses shall be valid from July 1st to the following June 30th.
30
31   Any person who violates this section shall be guilty of a civil infraction and shall pay a
32   monetary fine as follows: first offense, $25.00; second offense, $50.00. Any owner who
33   fails to respond to a notice of civil infraction as promised or to appear at a requested
34   hearing shall be guilty of a misdemeanor and may be punished by a fine not to exceed
35   $1,000 and confinement not to exceed 90 days. Any person who receives two infractions
36   for violations of this section within one year and who subsequently violates this section
37   shall be guilty of a misdemeanor and may, upon conviction, be punished by confinement
38   not to exceed 90 days and fine not to exceed $1,000.
39
40   6.02.025 Dangerous animal.
41
42   A. It is unlawful for a person to own a dangerous animal within the city limits unless that
43   person has a current certificate of registration for that animal. The finance director or
44   other animal control authority shall issue a certificate of registration to the owner of a
45   dangerous animal if the owner presents sufficient evidence of:
46



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 1           1. A proper enclosure to confine the dangerous animal and the posting of the
 2   premises with a clearly visible warning that there is a dangerous animal on the premises.
 3   Additionally, the owner shall conspicuously display a sign with a warning symbol that
 4   informs children of the presence of a dangerous animal. Said sign shall be visible from
 5   the right-of-way or from the normal entrance to the owner’s property;
 6
 7          2. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in
 8   a form acceptable to the animal control authority in the sum of at least $250,000, as
 9   provided in Chapter 16.08 RCW, payable to any person injured by the animal;
10
11           3. A policy of liability insurance, such as homeowner’s insurance issued by an
12   insurer qualified under RCW Title 48 in the amount of $250,000, as provided in Chapter
13   16.08 RCW, payable to any person injured by the animal, insuring and indemnifying the
14   city of Lynnwood for any personal injuries inflicted by the animal;
15
16        4. Proof of placement of a microchip that is capable of being scanned by an
17   “AVID” or equivalent brand microchip scanner;
18
19          5. Consent for initial and subsequent inspections of the enclosure in which the
20   animal is and will be kept.
21
22   B. There is a $100.00 annual registration fee for a dangerous animal. This fee is in
23   addition to the licensing fee.
24
25   C. No person shall allow a dangerous animal to be outside a proper enclosure unless the
26   animal is restrained under a substantial chain or leash not greater than eight feet in length.
27   The leash shall be in the physical control of a responsible person. The animal shall be
28   further restrained by a muzzle or other device that prevents the animal from biting or
29   clawing any person or animal; provided, that no muzzle or device shall be made in a
30   manner that causes injury to the animal or interferes with the animal’s vision or
31   breathing. Any animal that is in violation of these provisions shall be immediately
32   impounded.
33
34   D. Any dangerous or potentially dangerous animal, whose owner has been convicted
35   under this chapter, that attacks a person or domestic animal may be immediately
36   impounded, placed in quarantine for the proper length of time, and euthanized. The
37   owner may appeal the impoundment and euthanasia under the provisions of LMC
38   6.02.145. Euthanasia shall be stayed pending resolution of the appeal.
39
40   E. Any animal that aggressively attacks and causes severe injury or death to a person or
41   domestic animal shall be immediately impounded and placed in quarantine for the proper
42   length of time, and may be euthanized; provided, however, that the animal may be
43   released to the owner; provided, that the owner obtains a certificate of registration as
44   provided for in this section. If the owner fails to obtain a certificate of registration, the
45   animal may be euthanized. The owner may appeal the impoundment and euthanasia




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 1   under the provisions of LMC 6.02.145. Euthanasia shall be stayed pending resolution of
 2   the appeal.
 3
 4   F. No animal shall be declared a dangerous animal if the threat, injury, or damage was
 5   sustained by a person who at the time, provoked the animal, has been reported in the past
 6   as having provoked the animal, or was committing or attempting to commit a crime.
 7
 8   G. This section does not apply to guard dogs or dogs used by law enforcement officials
 9   while they are:
10
11            1. If guard dogs, protecting property under the conditions of LMC 6.02.050;
12
13           2. If used by law enforcement officials, acting in the line of duty.
14   H. Once declared a dangerous animal the owner shall comply with the provisions of this
15   section within thirty (30) days, unless an extension for good cause is granted by the
16   animal control authority.
17
18   Any person who violates this section shall be guilty of a gross misdemeanor and may,
19   upon conviction, be punished by confinement not to exceed one year and/or a fine not to
20   exceed $5,000.
21
22   6.02.030 Exotic animals.
23
24   No person shall possess, breed, import, export, barter, buy, sell, or attempt to buy or sell
25   an animal defined as “exotic” in LMC 6.02.015(G).
26
27   Any person who violates this section shall be guilty of a misdemeanor and may, upon
28   conviction, be punished by a fine not to exceed $1,000.
29
30
31
32   6.02.035 Miniature pot-bellied pigs.
33
34   Miniature pot-bellied pigs are allowed to be kept within the city limits. No more than two
35   such animals per household are permitted. Owners of miniature pot-bellied pigs must
36   comply with the licensing provision of LMC 6.02.020 and pay the fees for the license as
37   defined therein.
38
39   6.02.040 Wild animals.
40
41   No person shall own any wild animal unless that person has obtained a permit from the
42   State Game Department and/or Federal Fish and Wildlife Service; provided, that the
43   animal control authority may allow a person to temporarily care for an infant or injured
44   wild animal, which is native to this area and homeless, while the person acquires the
45   necessary state and federal permits. Persons who obtain a permit for temporary care of a
46   wild animal must comply with the provisions of LMC 6.02.030.



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 1
 2   Any person who violates this section shall be guilty of a misdemeanor and may, upon
 3   conviction, be punished by a fine not to exceed $1,000.
 4
 5   6.02.050 Guard dogs.
 6
 7   Guard dogs shall be kept on a leash under the control of a person, or shall be contained
 8   within a building or enclosed within a fence that is at least six feet high and sufficiently
 9   sturdy to prevent the dog from reaching persons off the property. Owners shall restrain
10   the dog in such a manner that the dog is unable to reach those persons legitimately using
11   the normal entrance and exit to the property. The owner shall post signs in at least two
12   conspicuous places on the property, warning that a guard dog is on the premises. The
13   owner must indicate at the time of obtaining a dog license that the dog is a guard dog.
14
15   Any person who violates this section shall be guilty of a misdemeanor and may, upon
16   conviction, be punished by confinement not to exceed 90 days and/or a fine not to exceed
17   $1,000.
18
19   6.02.055 Dangerous dogs.
20
21   Repealed by Ord. 2091.
22
23   6.02.060 Impound and boarding fees.
24
25   The animal control authority shall be entitled to charge fees under this chapter as follows:
26
27   A. Impound fees (domestic animals): $50.00;
28
29   B. Boarding fees (domestic animals per day): $12.00;
30
31   C. Impound fees (livestock): $100.00;
32
33   D. Boarding fees (livestock): $15.00;
34
35   E. Impound fees (other animals): $30.00;
36
37   F. Boarding fees (other animals): $12.00.
38
39   No fee shall be charged for owner-requested pick up of deceased remains.
40
41   6.02.070 Running at large prohibited.
42
43   A. Running at Large. No domestic or exotic animal, or livestock of any kind shall be
44   permitted to run at large during any hours of the day or night; provided, that this section
45   shall not apply to dogs which are in special areas designated and posted by the chief of
46   police as dog training areas so long as the regulations of the chief of police with respect



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 1   to the use of such areas are complied with and such dogs are under the custody and
 2   control of their trainer.
 3
 4   B. Found Stray Animals. It shall be the duty of a person who takes into his possession
 5   any stray animal, not owned by him or not placed into his possession by the person
 6   having the lawful custody and control thereof, to notify the animal control authority or
 7   police at once, and to release such animal to the city officer upon demand and without
 8   any charge.
 9
10   Any person who violates this section shall be guilty of a civil infraction and shall pay a
11   monetary fine as follows: first offense, $25.00; second offense, $50.00. Any owner who
12   fails to respond to a notice of civil infraction as promised or to appear at a requested
13   hearing shall be guilty of a misdemeanor and may be punished by a fine not to exceed
14   $1,000 and confinement not to exceed 90 days. Any person who receives two infractions
15   for violations of this section within one year and who subsequently violates this section
16   shall be guilty of a misdemeanor and may, upon conviction, be punished by confinement
17   not to exceed 90 days and a fine not to exceed $1,000.
18
19   6.02.080 Public parks, beaches and/or playgrounds.
20
21   Unless otherwise directed by the director of parks and recreation, it is unlawful for any
22   person to ride, lead or otherwise permit any animal to be within or on any public park,
23   beach or playground within the city of Lynnwood, whether owned by, leased or
24   otherwise under the direct supervision of the city, provided, however, the director of
25   parks and recreation is authorized to post a notice or notices of specific areas in any
26   particular public park, beach or playground within the city of Lynnwood where any
27   specific type of animals may be permitted under such circumstances as may be required
28   by the director of parks and recreation. The notices shall be placed in a conspicuous place
29   or places at each drive-in or pedestrian access provided by the city to such public parks,
30   beaches and/or playgrounds. In the event the director of parks and recreation so
31   determines and posts notices as provided in this section, he shall maintain a list of the
32   parks, beaches and/or playgrounds, shall file a copy of the same with he finance director,
33   and the list shall be open and available for public inspection at all business hours of the
34   finance director.
35
36   Any person who violates this section shall be guilty of a civil infraction and shall pay a
37   monetary fine as follows: first offense, $25.00; second offense, $50.00. Any owner who
38   fails to respond to a notice of civil infraction as promised or to appear at a requested
39   hearing shall be guilty of a misdemeanor and may be punished by a fine not to exceed
40   $1,000 and confinement not to exceed 90 days. Any person who receives two infractions
41   for violations of this section within one year and who subsequently violates this section
42   shall be guilty of a misdemeanor and may, upon conviction, be punished by confinement
43   not to exceed 90 days and a fine not to exceed $1,000.
44
45   6.02.090 Impound procedures.
46



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 1   A. Impounding Animals. If a law enforcement officer or animal control officer has
 2   probable cause to believe that an owner of an animal has violated this title or Chapter
 3   16.52 RCW, and no responsible person can be found to assume the animal’s care, the
 4   officer may authorize, with a warrant or a court order, the removal of the animal to a
 5   suitable place for care and feeding of the animal. An officer may remove an animal
 6   without a warrant only if the animal is in an immediate life-threatening condition, or is in
 7   danger of serious harm, or if the animal presents an immediate threat to the safety of
 8   others.
 9
10   B. Notice of Impounding. When any licensed animal is impounded, the officer or
11   department impounding such animal shall attempt to give notice to the owner the same
12   day either by mail, or by leaving written notice at the address contained in the license
13   application or by telephone. The notice shall inform the owner of the impounding of such
14   animal and the reason for impounding the animal. Neither the city nor its agents or
15   employees are liable for failure to notify an owner of impoundment.
16
17   C. Redemption of Animals by Owner. If, at any time before disposal by the animal
18   control officer, the owner of an impounded animal claims the animal, the owner shall be
19   entitled to possession of the animal only after paying all legal charges and expenses
20   incidental to the impoundment and boarding of the animal. If an animal is impounded
21   and taken to PAWS more than twice during a twelve (12) month period it will be
22   mandatory that a microchip capable of being scanned by an “AVID” or other equivalent
23   brand microchip scanner be implanted in the animal before it is released to the owner.
24   The owner of said animal shall incur all expenses incidental to the microchip process and
25   shall provide written proof of said process to the animal control authority.
26
27   D. Disposition of Impounded Animals. When in the judgment of a licensed veterinarian
28   or the animal control authority that an animal should be euthanized or not returned to the
29   owner for humane or public health reasons, that animal may not be redeemed by its
30   owner. The animal control authority may find a responsible person to adopt the animal
31   not less than 15 days after the animal is impounded. Before an animal is euthanized or
32   adopted out, the animal control authority shall take reasonable steps to serve the owner
33   with notice of the proposed action. Such notice will include the owner’s right to appeal
34   the decision in accordance with LMC 6.02.145. The disposition shall be stayed until the
35   appeal process is complete. If the appellate authority decides that the animal should be
36   euthanized, or adopted out, the owner shall be liable for the costs of boarding the animal.
37   The animal control authority shall not be held civilly liable for the euthanasia of the
38   animal.
39
40   6.02.100 Animal bites to be reported.
41
42   The owner of a domestic animal that bites another, or any person who is bitten by an
43   animal, or any doctor, veterinarian or hospital which has information that a person or
44   domestic animal was bitten by an animal shall promptly report to the animal control
45   authority and said animal shall thereupon be securely quarantined at the direction of the
46   animal control authority for a period of 10 days. At the discretion of the animal control



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 1   authority, such quarantine may be on the premises of the owner, at the shelter designated
 2   as the city’s animal shelter, or, at the owner’s option and expense, in a veterinary hospital
 3   of the owner’s choice. In the cases of animals whose ownership is not known, such
 4   quarantine shall be at the shelter designated as the city’s animal shelter or veterinary
 5   hospital.
 6
 7   Any person who fails to report as required by this section shall be guilty of a gross
 8   misdemeanor and may, upon conviction, be punished by confinement not to exceed one
 9   year and/or a fine not to exceed $5,000.
10
11   6.02.110 Confining animals in season.
12
13   The owner or person having charge of any unspayed female animal shall confine
14   such animal in a building or enclosed area during the period such dog is in heat.
15   Any person who violates this section shall be guilty of a civil infraction and shall
16   pay a monetary fine as follows: first offense, $25.00; second offense, $50.00.
17   Any owner who fails to respond to a notice of civil infraction as promised or to
18   appear at a requested hearing shall be guilty of a misdemeanor and may be
19   punished by a fine not to exceed $1,000 and confinement not to exceed 90 days.
20   Any person who receives two infractions for violations of this section within one
21   year and who subsequently violates this section shall be guilty of a misdemeanor
22   and may, upon conviction, be punished by confinement not to exceed 90 days
23   and a fine not to exceed $1,000.
24
25   6.02.120 Muzzling and vaccination.
26
27   Whenever it becomes necessary to safeguard the public from the dangers of rabies or
28   other communicable disease, the city council, if it deems it necessary for the public’s
29   health and safety, shall pass a resolution ordering every person owning or keeping the
30   infected-type animal to confine it securely on his premises unless such animal has a
31   muzzle of sufficient strength to prevent its biting any person. Any unmuzzled animal
32   running at large during the time of the proclamation shall be seized and impounded. All
33   animals noticeably infected with rabies shall be killed by the animal control authority or
34   by any police officer, without notice to the owner. Animals impounded during the first
35   two days of such proclamation shall, if claimed within five days, be released to the
36   owner, unless infected, upon payment of the fees and charges provided for in this chapter.
37   If unclaimed after that period, such animal may be summarily destroyed. The resolution
38   may also provide for and require the vaccination of all dogs with antirabies vaccine, or
39   other appropriate vaccines in the case of animals or diseases.
40   Any person who violates this section shall be guilty of a misdemeanor and may, upon
41   conviction, be punished by a fine not to exceed $1,000.
42
43   6.02.130 Maximum number of dogs and/or cats permitted.
44




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 1   No person shall keep more than three cats or three dogs, or any combination of cats and
 2   dogs exceeding three in number that are over six months of age on any premises in the
 3   city.
 4
 5   Any person who violates this section shall be guilty of a misdemeanor and may, upon
 6   conviction, be punished by a fine not to exceed $1,000.
 7
 8   6.02.140 Nuisance.
 9
10   A. Every owner of an animal shall exercise the necessary care and control of their animal
11   to prevent the animal from becoming a public nuisance. Making noise in violation of
12   LMC 10.12.300 (B)(8), attacking passersby, chasing vehicles, attacking other domestic
13   animals, depositing excretory material on property other than that of the owner, and
14   damaging property shall be deemed a nuisance.
15
16   B. No person shall permit a dangerous or potentially dangerous animal, or an animal
17   which has the propensity to bite or attack humans, to run loose on or within the owner’s
18   property in such a manner as to endanger the safety of any person lawfully entering the
19   premises.
20
21   C. Any animal making noise in violation of LMC 10.12.300(B)(8) in the presence of an
22   animal control officer may be immediately impounded; provided, however, that no
23   animal shall be impounded if it is contained within a house or other structure.
24
25   D. Any person who violates this section shall be guilty of a civil infraction and shall pay
26   a monetary fine as follows: first offense, $25.00; second offense, $50.00. Any owner who
27   fails to respond to a notice of civil infraction as promised or to appear at a requested
28   hearing shall be guilty of a misdemeanor and may be punished by a fine not to exceed
29   $1,000 and confinement not to exceed 90 days. Any person who receives two infractions
30   from violations of this section within one year and who subsequently violates this section
31   shall be guilty of a misdemeanor and may, upon conviction, be punished by confinement
32   not to exceed 90 days and a fine not to exceed $1,000.
33
34   6.02.145 Appeal – Authority.
35
36   A. All parties aggrieved by actions of an animal control officer may appeal the action to
37   the commander, bureau of field operations of the Lynnwood police department, or in the
38   commander’s absence, to the commander, investigations and services of the Lynnwood
39   police department, by filing a notice of appeal with the Lynnwood city police department
40   within five days of mailing a notice of impoundment. All decisions by the commander
41   shall be in writing with a copy to the animal control officer and to all parties of record.
42
43   B. The decision of the commander may be appealed to the judge of the Lynnwood
44   municipal court by filing an additional notice of appeal with the Lynnwood city police
45   department within five days of mailing of the commander’s decision.
46



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 1   C. Such written appeal shall contain:
 2
 3           1. A caption reading: “Appeal of ________” giving the names of all appellants
 4   participating in the appeal;
 5
 6          2. A brief statement setting forth the legal interest of each of the appellants in the
 7   animal involved in the proceeding;
 8
 9          3. A brief statement in concise language of the specific action protested, together
10   with any material facts claimed to support the contentions of the appellant;
11
12            4. A brief statement in concise language of the relief sought, and the reasons why
13   it is claimed the protested action should be reversed, modified or otherwise set aside;
14            5. The signatures of all appellants, and their official mailing addresses;
15
16          6. The verification (by declaration under penalty of perjury) of at least one
17   appellant as to the truth of the matters stated in the appeal.
18
19   6.02.147 Appeal – Procedure.
20
21   Repealed by Ord. 2091.
22
23   6.02.150 Horses on arterial streets.
24
25   It is unlawful for any person to ride or lead or allow any horse, mare, pony, or related
26   animal on any principal or minor arterials as designated in the existing arterial roadway
27   system as shown in the city of Lynnwood’s comprehensive plan as adopted April 10,
28   1995, and as may hereafter be amended.
29
30   6.02.160 Owner responsibility to remove animal manure.
31
32   Every person who owns or who has under his control or care any animal shall be
33   responsible for picking up and removing immediately any offal or manure left by any
34   such animal upon any public place in the city or upon any private property not owned by
35   him or her.
36
37   Any person who violates this section shall be guilty of a civil infraction and shall pay a
38   monetary fine as follows: first offense, $25.00; second offense, $50.00. Any owner who
39   fails to respond to a notice of civil infraction as promised or to appear at a requested
40   hearing shall be guilty of a misdemeanor and may be punished by a fine not to exceed
41   $1,000 and confinement not to exceed 90 days. Any person who receives two infractions
42   for violations of this section within one year and who subsequently violates this section
43   shall be guilty of a misdemeanor and may, upon conviction, be punished by confinement
44   not to exceed 90 days and a fine not to exceed $1,000.
45
46   6.02.165 Confinement without food and water – Intervention by others.



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 1
 2   If any domestic animal is impounded or confined without necessary food and water for
 3   more than 36 consecutive hours, any person may, from time-to-time, as is necessary,
 4   enter into and open any pound or place of confinement in which any domestic animal is
 5   confined, and supply it with necessary food and water so long as it is confined. The
 6   person shall not be liable to action for the entry, and may collect from the animal’s owner
 7   the reasonable cost of the food and water. The animal shall be subject to attachment for
 8   the costs and shall not be exempt from levy and sale upon execution issued upon a
 9   judgment. If an investigating officer finds it extremely difficult to supply confined
10   animals with food and water, the officer may impound the animal.
11
12
13
14   6.02.170 Miscellaneous regulations.
15
16   Repealed by Ord. 2091.
17
18   6.02.175 Mistreatment of animals.
19
20   A. Poisoning of Animals. It shall be unlawful for any person to willfully or maliciously
21   poison any domestic animal; provided, that this section shall not apply to the killing by
22   poison of such animal in a lawful and humane manner by the owner of the animal or by a
23   duly authorized servant or agent of the owner, or by a person acting pursuant to
24   instructions from a duly constituted public authority.
25
26   B. Cruelty to Animals.
27
28           1. A person is guilty of animal cruelty in the second degree if, under
29   circumstances not amounting to first degree animal cruelty as defined in RCW 16.52.205,
30   the person knowingly, recklessly, or with criminal negligence inflicts unnecessary
31   suffering or pain upon an animal.
32           2. An owner of an animal is guilty of animal cruelty in the second degree if, under
33   circumstances not amounting to first degree animal cruelty as defined in RCW 16.52.205,
34   the person knowingly, recklessly, or with criminal negligence:
35
36                   a. Fails to provide the animal with necessary food, water, shelter, rest,
37   sanitation, ventilation, or medical attention, and the animal suffers unnecessary or
38   unjustifiable physical pain as a result of the failure; or
39
40                      b. Abandons the animal.
41
42           3. In any prosecution of animal cruelty in the second degree, it shall be an
43   affirmative defense, if established by defendant by a preponderance of the evidence, that
44   the defendant’s failure was due to economic distress beyond the defendant’s control.
45




     331556.01|360099|0010|73tw01!.DOC (4/9/10)   -13-
 1   C. Duty When Striking an Animal with a Motor Vehicle. Any person who, while
 2   operating a motor vehicle, strikes an animal, shall stop at once and render reasonable
 3   assistance. The person shall make reasonable attempts to notify the owner of the animal,
 4   and shall report the accident to the animal control authority within 24 hours.
 5   Notwithstanding any other provision of law, this subsection shall in no way be construed
 6   to impose financial liability upon the owner of a vehicle for the injury or death of the
 7   animal stricken.
 8
 9   Any person who violates this section shall be guilty of a misdemeanor and may, upon
10   conviction, be punished by confinement not to exceed 90 days and/or a fine not to exceed
11   $1,000.
12
13   6.02.180 Interference.
14
15   A. No person shall willfully do the following:
16
17          1. Prevent or hinder the impounding of any animal found in violation of the
18   provisions of this chapter;
19
20           2. Remove any animal from the public pound without the authority of the chief of
21   police, the animal control authority or the officer in charge of the pound;
22
23           3. Remove any animal from the public pound without paying all lawful charges
24   against the animal;
25
26           4. Resist or obstruct the animal control authority in the performance of his duties.
27           5. Remove a microchip implanted in an animal by the City or other authority for
28   identification purposes.
29
30   B. No person shall conceal any animal or otherwise interfere with the proper enforcement
31   of this chapter.
32
33   C. Any person requested to identify himself to a law enforcement officer pursuant to an
34   investigation of this chapter has a duty to identify himself, give his current address, and
35   sign an acknowledgment of receipt of the infraction. Any person who fails to identify
36   himself, or to sign an acknowledgment of receipt of infraction, as described above, shall
37   be guilty of a misdemeanor and may be punished by a fine not to exceed $1,000 and
38   confinement not to exceed 90 days.
39
40   D. Any person who violates this section shall be guilty of a misdemeanor and may, upon
41   conviction, be punished by confinement not to exceed 90 days and/or a fine not to exceed
42   $1,000 (Ord. 2091 § 23, 1996;
43
44   6.02.185 Violations, penalties, and enforcement.
45




     331556.01|360099|0010|73tw01!.DOC (4/9/10)   -14-
 1   Unless provided otherwise by law, any person violating any of the provisions of this
 2   chapter shall be guilty of a gross misdemeanor and may be punished by a fine not to
 3   exceed $500.00 and confinement not to exceed one year.
 4
 5   Any conduct of any person violating any of the provisions of this chapter may be
 6   prosecuted by the authorities of the city by civil or criminal proceedings.
 7   Notwithstanding any other provision of law, any person whose animal is impounded is
 8   liable for all lawful costs and fees attributable to the impounding of the animal.
 9
10   6.02.190 Penalties.
11
12   Repealed by Ord. 2091.
13
14   6.02.200 Enforcement.
15
16   Repealed by Ord. 2091.
17
18   6.02.210 Administration.
19
20   The city administrative officer is authorized to develop whatever administrative
21   regulations as may be necessary to implement the provisions of this chapter, including
22   procedures for animal enumerations and animal shelter operations.
23
24   6.02.220 Nonliability.
25
26   Nothing contained in this chapter is intended to be, nor shall be, construed to create or
27   form the basis for any liability on the part of the city or its officers, employees or agents,
28   for any injury or damage resulting from the failure of any person to comply with the
29   terms of this chapter, or by reason or in consequence of any omission in connection with
30   the implementation or enforcement of this chapter on the part of the city by its officers,
31   employees or agents.
32
33   Section 2. If any section, sentence, clause or phrase of this ordinance should be held to
34   be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
35   unconstitutionality shall not affect the validity or constitutionality of any other section,
36   sentence, clause or phrase of this ordinance.
37
38   Section 3. This ordinance or a summary thereof consisting of the title shall be published
39   in the official newspaper of the City, and shall take effect and be in full force five (5)
40   days after publication.
41
42   PASSED BY THE CITY COUNCIL, this ________ day of ______________, 2006.
43
44                                                    APPROVED:
45
46



     331556.01|360099|0010|73tw01!.DOC (4/9/10)   -15-
 1                                                   __________________________________
 2                                                   DONALD GOUGH, MAYOR
 3
 4
 5
 6
 7
 8
 9   ATTEST/AUTHENTICATED:
10
11
12   _______________________________________
13   DIRECTOR ADMINISTRATIVE SERVICES,
14   PATRICK DUGAN
15
16   APPROVED AS TO FORM:
17
18
19   ________________________________________
20   CITY ATTORNEY
21
22
23           On the ____ day of _________, 2006, the City Council of the City of Lynnwood,
24   Washington, passed Ordinance No. ___. A summary of the content of said ordinance,
25   consisting of the title, provides as follows:
26
27                      AN ORDINANCE OF THE CITY OF LYNNWOOD,
28                      WASHINGTON, AMENDING CHAPTER 6.02 OF THE
29                      LYNNWOOD MUNICIPAL CODE RELATING TO
30                      ANIMAL CONTROL
31
32   The full text of this Ordinance will be mailed upon request.
33
34                      DATED this ____ day of ________, 2006.
35
36
37                                                 ____________________________________
38                                                 PATRICK DUGAN, DIRECTOR
39                                                 ADMINISTRATIVE SERVICES
40
41
42
43




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