Blaine Municipal Code

Title 6
ANIMALS

Chapters:

6.04 Administration and Enforcement

6.08 Dog Control

6.12 Control of Animals Other Than Dogs

6.16 Cruelty to Animals

Chapter 6.04
ADMINISTRATION AND ENFORCEMENT

Sections:

6.04.010 Administration and enforcement.

6.04.020 Purpose – Immunity.

6.04.030 Definitions.

6.04.040 Severability.

6.04.010 Administration and enforcement.

Administration and enforcement of the provisions of this title shall be the responsibility of the animal control authority under the direct supervision and control of the public safety director and the Blaine police division. The animal control authority shall make periodic written reports of the work and services provided, as directed by the director of public safety. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.04.020 Purpose – Immunity.

The purpose of this title is to provide regulations to control animal behavior and to delineate the responsibilities of animal owners and keepers within the city of Blaine. 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 title to create on the part of the city 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. 2505, 2001; Ord. 2313 § 2, 1997)

6.04.030 Definitions.

As used in this chapter, unless the context otherwise indicates, the following words and terms shall have the following meanings:

A. “Allow” means to permit by failing to restrain or prevent.

B. “Animal” shall have its customary common meaning and shall include dogs where applicable.

C. “Animal control authority” means the animal control organization or division authorized by the city to enforce the provisions of this title.

D. “Animal control officer” means employees of the animal control authority who are authorized to enforce this title and the laws of the state of Washington as they relate to animal control and welfare and all commissioned police officers of the city of Blaine.

E. “Animal shelter” means any facility operated by an animal control authority, or any municipal agency, or its authorized contractors or agents for the purpose of impounding or caring for animals held under the authority of this chapter or state law.

F. “At large” means off the premises of the owner or keeper of the animal and not under restraint by a leash.

G. “Barking dog” means any dog which by frequent or habitual howling, yelping, or barking unreasonably annoys or disturbs other persons in the vicinity.

H. “Dangerous dog” means any dog that according to the records of the city’s animal control officer:

1. Has inflicted severe injury on a human being without provocation on public or private property;

2. Has attacked, injured or 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 dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals.

4. This section shall not apply to dogs who are owned or used by law enforcement agencies when an attack or injury results from an official use of the animal.

I. “Dog” means any member of one or more species of the genus Canis.

J. “Exotic animal” means any animal that is not native or usually found in the United States.

K. “Fowl” includes all feathered domesticated farmyard birds.

L. “Guard or attack dog” means any dog, except those dogs owned or used by a governmental 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 or cease an attack, on signal or command.

M. Harboring. Any occupant of any premises on which an animal remains or to which it customarily returns daily for food and care for a period of 25 days during any 365-day period is presumed to be harboring or keeping the animal within the meaning of this chapter.

N. “Hybrid” means an animal whose parents or ancestors belong to a different species.

O. “Kennel” means an establishment wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats, or premises where more than four dogs and/or four cats over four months of age are harbored.

P. “Leash” means a cord, strap, or chain of sufficient strength so that the animal is controlled by the person accompanying it.

Q. “Owner” or “keeper” means any person, firm, association, partnership, or corporation, owning, feeding, or harboring an animal, or their agents or persons acting with their permission. Any actions exercisable against an owner in this chapter shall also be exercisable against a keeper.

R. “Pet shop” is any establishment or premises maintained for the purchase, sale, or exchange of pets of any type.

S. “Potentially dangerous dog” means any dog that when unprovoked:

1. Inflicts bites on a human or a 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; or

3. Any dog with a known propensity, tendency or disposition to attack unprovoked, or to cause injury or otherwise to threaten the safety of humans or domestic animals.

T. “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.

U. “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

V. “Under control” means that the dog is appropriately confined on the owner or keeper’s premises, or, if off the owner or keeper’s premises, is on a leash, as defined herein.

W. “Wild animal” means any animal living in its natural state and native to the United States and not normally domesticated, raised, or bred by humans.

X. “Wolf” means any of various forms of a species (Canis lupus). (Ord. 2505, 2001; Ord. 2357 § 1, 1998; Ord. 2313 § 2, 1997)

6.04.040 Severability.

If any section, subsection, sentence, clause or phrase of this title, or any amendment thereto, or its application to any person or circumstance, is held invalid, the remainder or application to other persons or circumstances shall not be affected. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

Chapter 6.08
DOG CONTROL

Sections:

6.08.010 License – Required.

6.08.020 License – Fees – Renewal.

6.08.030 License – Tag – Replacement fee.

6.08.040 License – Transfer of ownership.

6.08.050 Warning.

6.08.060 Impoundment procedure – Generally.

6.08.070 Impoundment – Entry on premises.

6.08.080 Impoundment – Fees.

6.08.090 Impoundment – Redemption – Disposition.

6.08.100 Control of rabid or potentially rabid animals.

6.08.110 Infractions – Penalty.

6.08.115 Lincoln Park – Designated off-leash area.

6.08.120 Misdemeanors – Penalty.

6.08.130 Potentially dangerous or dangerous dog – Declaration.

6.08.140 Potentially dangerous or dangerous dog declaration – Appeal.

6.08.150 Potentially dangerous dog – Restrictions – Violation.

6.08.160 Potentially dangerous or dangerous dog – Disposition hearing.

6.08.170 Dangerous dogs – Restrictions – Violation.

6.08.010 License – Required.

A.  1. Dogs over four months of age that are kept or harbored within the city are required to have a license.

2. Before a license is issued for any dog, the owner must certify under penalty of perjury that the dog has been vaccinated against rabies. A certification of vaccination signed by an accredited veterinarian, and showing that the vaccination does not expire prior to the expiration date of the license, must be provided upon request.

B. Licenses and license renewals may be obtained from the animal control authority, or one of its properly licensed agencies, one of which must be within the city limits of Blaine.

C. Pet shops, veterinarians, kennels, pet grooming businesses and pet supply stores may, at the discretion of the animal control authority, obtain permission to operate a dog licensing agency. Such agencies may retain $1.00 of the license fee per license or renewal processed. The remainder of all fees collected shall be remitted to the animal control authority along with a completed licensing form for each dog.

D. Licenses must be purchased by the owner or keeper of a dog within 10 days of residency within the city limits. Licenses for dangerous dogs must be purchased within one business day of residency within the city limits.

E. Dangerous, potentially dangerous, guard and attack dogs shall be licensed or registered solely by the animal control authority. (Ord. 2505, 2001; Ord. 2485 § 1, 2001; Ord. 2313 § 2, 1997)

6.08.020 License – Fees – Renewal.

A. The animal control authority shall issue dog licenses that shall be valid for one year from the date of purchase. Renewal licenses shall be due on the last day of the twelfth month following the date of purchase of the previous license. The animal control authority is authorized to issue the following categories of dog licenses and assess fees in accordance with the fee schedule established by a resolution of the city council:

1. Unsterilized male or female dogs;

2. Sterilized male and female dogs.

B. A late fee will be assessed against any person failing to obtain or renew a license within 30 days of a warning citation being delivered by an animal control authority officer. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.08.030 License – Tag – Replacement fee.

A. Each licensed dog shall be provided by the owner or keeper with a suitable collar which shall be worn by the animal at all times when not upon the premises of its owner or keeper. A license tag provided by the animal control authority for the current licensing year shall be affixed to the collar or harness. Tags may be temporarily removed during officially sanctioned dog training, dog shows and dog matches. The tag shall be in the immediate possession of the dog handler.

B. Replacement license tags may be obtained. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.08.040 License – Transfer of ownership.

Whenever the ownership of a dog changes, the new owner shall notify the licensing agency within 30 days and shall pay a fee established by a resolution of the city council to the animal control authority, whereupon the animal control authority shall change the records and the previously issued license shall remain valid for the remainder of the year. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.08.050 Warning.

The animal control authority is authorized to promulgate a “written warning” form subject to approval by the director of public safety. Copies of all “written warnings” issued by the animal control authority will be forwarded to the public safety department within 10 days of issuance. Nothing in this section will preclude the municipal prosecutor from filing any information for a violation in which a person was issued a written warning by an animal control officer. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.08.060 Impoundment procedure – Generally.

A. Dogs may be taken into the care and custody of the animal control authority in any of the following situations:

1. When a dog is off the premises of its owner or keeper and not under the control of its owner, keeper or other authorized person. This prohibition shall not apply to any areas designated by the city manager for off-leash training or exercise;

2. If the dog has no current license tag, and is not in the presence of its owner, keeper or other authorized person;

3. If any dog is on public property or the private property of another and the caretaker or said private property owner requests in writing that the dog be removed; provided, that the owner or keeper of the dog(s) cannot be located in a timely manner or is unknown. Such written request shall state the reason why removal is requested;

4. When a dog is brought to the animal shelter by a private citizen who has found the dog;

5. When a dog has been declared potentially dangerous or dangerous pursuant to this title and/or state law, and the dog is again at large or has otherwise violated the restrictions placed upon it;

6. When any dog has been subjected to cruel treatment as defined by RCW 16.52.0170 and/or the provisions of this title; provided, that removal is necessary for the immediate safety and well being of the animal;

7. When 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;

8. When a dog has bitten a person, breaking or puncturing the skin, and the owner and/or keeper is unable, incapable or unwilling to provide the 10-day quarantine requirements. If such a dog is found at large the owner will be deemed unable to quarantine and it will be impounded.

B. Forthwith, following impoundment, the animal control authority shall notify the owner or keeper, if known, of its impoundment, using whatever reasonable means possible. If the dog’s owner is unknown or cannot be located, the information and description of the animal shall be available at the animal shelter during regular business hours.

C. All owners or keepers claiming impounded animals of any kind shall provide identification and shall sign a statement that verifies they are the owner, keeper or authorized agent of the owner. Names, street or road addresses, city and phone numbers (if available) will be required. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.08.070 Impoundment – Entry on premises.

An animal control officer in hot 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 owner’s premises, may enter the premises of the owner and demand possession of such animal and if, after request therefor, 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 may then obtain a search warrant authorizing the seizure and impoundment of the dog. The officer shall not enter the residence of the owner without permission or a warrant. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.08.080 Impoundment – Fees.

A. For every animal impounded pursuant to this chapter, there shall be paid to the animal control authority, by any person desiring to redeem such animal, fees as established by a resolution of the city council.

B. In addition to the impoundment fee, the animal control authority may require payment of a per day per animal cost for boarding in accordance with the fee schedule established by a resolution of the city council. The fee shall be paid prior to the release of the animal. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.08.090 Impoundment – Redemption – Disposition.

A. Redemption of Animal by Owner.

1. Unless otherwise provided in this chapter, the owner of an impounded animal may claim the same at any time prior to adoption, sale or disposal by the animal control authority and shall be entitled to possession thereof upon payment of all legal charges and expenses incidental to the impoundment, boarding, and keeping of the animal.

2. Any unaltered animal impounded more than once within a 12-month period shall be spayed or neutered by the animal control authority prior to the release of the animal, except as provided by subsection D of this section. The cost of the spay or neuter shall be charged to the owner.

B. Disposition of Animals. Any animal not redeemed by its owner within five days of the impoundment, not including Sundays, legal holidays or days that the animal shelter is closed, may be humanely destroyed by an approved method, or may be placed for adoption with a new owner; provided, that the new owner agrees in writing to surgically sterilize the animal and agrees that the animal will not be used, sold, or donated for experimental purposes, and provides proper licensing.

C. Disposition of Sick or Injured Dog. When, in the judgment of a licensed veterinarian or the animal control authority, an animal that has been impounded should be destroyed for humane reasons, the animal may be destroyed before the expiration of the required holding period. Such cases must be documented in writing by the animal control authority.

D. Redemption of Unaltered Dog. The owner of an unaltered dog that has been impounded more than once within a 12-month period may, within 72 hours of impoundment, request a hearing before the animal control authority. If, after consideration of all relevant evidence, the animal control authority determines that the owner has shown good cause to excuse the circumstances leading to the impoundment of the dog, the dog may be released without being subject to the spaying or neutering requirements of subsection (A)(2) of this section. If good cause is found, the animal control authority may, however, condition the return of the dog in an unaltered state upon the owner’s fulfillment of reasonable conditions designed to avert future incidents. The owner may, upon written notice given to the animal control authority and the hearing examiner within 72 hours of the animal control authority’s decision, appeal the animal control authority’s decision to the hearing examiner, whose review shall be limited to whether the animal control authority’s decision was arbitrary or capricious. The filing of a request for a hearing or appeal, upon notice to the animal control authority, shall stay the 72-hour redemption period of this section until the completion of the hearing or appeal. (Ord. 2534 § 1, 2002; Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.08.100 Control of rabid or potentially rabid animals.

A. An animal which may transmit disease through its bite, which bites and breaks the skin of any person, shall be quarantined for a 10-day period to determine if the animal is infected with a disease. The place of quarantine shall be established by the animal control authority, and the animal control authority may, in its discretion, allow the owner and/or keeper of the animal to maintain the quarantine.

B. Quarantine Procedure.

1. Any animal that has bitten a human and broken the skin, regardless of provocation or previous inoculation for diseases, shall be contained for a period of not less than 10 days, in such a manner that it is segregated from any other animals and the possibility of coming into contact with other animals and humans except for the caretaker.

2. If the owner and/or keeper is unable or unwilling to confine the animal, or if the animal control authority determines from the prior history of the animal or owner that confinement is not likely, the animal may be quarantined at the animal shelter or a veterinarian and/or boarding kennel of the owner’s choice; provided, that the costs to board the dog shall be borne by the owner, if in a location other than the owner’s residence.

3. 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 animal control authority or the county health department of that condition.

C. In all cases where any animal, which has bitten a person or caused an abrasion or puncture of the skin, is slain by any person or dies by other means, and a period of 10 days has not elapsed since the day of the bite, it shall be the duty of any person slaying such animal or other owner to forthwith deliver intact the head of such animal to the county health officer. The animal control authority shall be notified in such cases.

D. It shall be the duty of every medical doctor, hospital, or other applicable health official to report all dog bites that break the skin, regardless of provocation factors or previous inoculation record of the animal. Such report shall be made to the animal control authority, as promptly as possible so that quarantine procedures can be instituted in a timely fashion. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.08.110 Infractions – Penalty.

A first offense conviction of any of the following provisions is an infraction penalized by a monetary penalty of no greater than $150.00. Subsequent violations shall be Class C misdemeanors and shall be subject to a maximum penalty of $500.00 per violation.

A. It is unlawful to keep or harbor a dog over four months of age within the city unless a dog license has been procured.

B. It is unlawful for any person other than the owner, his agent, or a city official or their designees to remove the license tag from any dog.

C. It is unlawful for the owner of any dog to cause, permit, or allow such dog to roam, run, stray, or to be away from the premises of such owner unless the dog is under control as defined in BMC 6.04.030(V).

D. It is unlawful for the owner or handler of any dog to fail to remove fecal matter deposited by their animal on public property or public easement before the owner leaves the immediate area where the fecal matter was deposited.

E. It is unlawful for the owner or handler of any dog to fail to have in their possession the equipment necessary to remove their dog’s fecal matter when accompanied by said dog on public property or public easement.

F. 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 or dogs used by governmental agencies for law enforcement or rescue purposes.

G. It is unlawful to harbor or keep a dog which frequently or habitually howls, barks, or makes other loud noises or unreasonably annoys or disturbs another person.

H. It is unlawful for the owner or keeper of any dog to allow such dog to chase cars, motorcycles, bicycles, or any other vehicle.

I. It is unlawful for a potentially dangerous dog or dangerous dog to be without an implanted identifying microchip provided by the animal control authority. (Ord. 2534 § 2, 2002; Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.08.115 Lincoln Park – Designated off-leash area.

Lincoln Park is designated as an “off-leash area” and notwithstanding the provisions of BMC 6.08.110(C), the owner or keeper of a dog may allow the animal off-leash so long as it is under voice control and is restrained to the owner or keeper’s immediate physical presence and prevented from trespassing upon property outside of Lincoln Park or annoying or chasing other persons, animals, or vehicles of any sort. This section shall not apply to allow dogs as defined as “dangerous” under BMC 6.04.030(H) or “potentially dangerous” under BMC 6.04.030(S) off-leash. (Ord. 2505, 2001)

6.08.120 Misdemeanors – Penalty.

Any violation of the following provisions shall constitute a Class B misdemeanor and shall be punishable by a fine not to exceed $1,000 and/or imprisonment for a period not to exceed 90 days:

A. It is unlawful for an owner or keeper to refuse to quarantine or permit the quarantine of any animal when and as required by state law and this chapter.

B. It is unlawful for the owner of any animal, when notified that such animal has bitten any person or has so injured any person as to cause abrasion or puncture of the skin and is subject to quarantine, to sell, kill, or give away such animal to be taken beyond the city limits, except to a veterinary hospital.

C. It is unlawful for the owner of any animal who has bitten any person or has so injured any person as to cause abrasion or puncture of the skin, to fail to notify the animal control authority of the bite and the location of the animal immediately upon knowledge of the incident. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.08.130 Potentially dangerous or dangerous dog – Declaration.

A. The animal control officer may find and declare a dog potentially dangerous or dangerous if the officer has probable cause to believe that the dog falls within the definitions set forth in BMC 6.04.030(H) and (S). The declaration must be based upon:

1. 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 BMC 6.04.030(H) or (S); or

2. Dog bite reports filed with the animal control officer as required by city ordinance or state law; or

3. Actions of the dog witnessed by any animal control officer or law enforcement officer; or

4. Other substantial evidence admissible in the municipal court.

B. The declaration shall be in writing, and shall be served by the animal control officer on the owner or keeper in one of the following methods:

1. Certified mail to the owner or keeper’s last known address; or

2. Personally; or

3. If the owner or keeper cannot be located by one of the first two methods, by publication in a newspaper of general circulation.

C. The declaration shall contain the following information:

1. Name and address of the owner or keeper of the dog;

2. A description of the dog;

3. Whereabouts of the dog;

4. Facts upon which the declaration is based;

5. Restrictions placed upon the dog;

6. Penalties for violation of the restrictions, including possibility of destruction of the animal and fine and/or imprisonment of owner or keeper pursuant to BMC 6.08.150(D);

7. Availability of a hearing to contest the declaration by submitting a written request to the municipal court clerk within five business days of receipt of the declaration.

D. Dogs shall not be declared 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 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. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.08.140 Potentially dangerous or dangerous dog declaration – Appeal.

A. If the owner or keeper of the dog wishes to object to the declaration of potentially dangerous or dangerous dog, the owner or keeper may request a hearing before the municipal court judge by submitting a written request to the clerk of the court.

B. The written request for a hearing must be filed within five business days of receipt of the declaration, or within five business days of publication, and shall contain the following:

1. A brief statement that protests the action and gives reasons it should be reversed or modified; and

2. Names, addresses, and phone numbers of any witnesses who will appear on the dog owner’s behalf; and

3. Current day phone number where owner or keeper can be contacted.

C. If the owner or keeper does not file a timely written request for hearing, the restrictions imposed in connection with the declaration shall remain in effect for the life of the animal, unless lifted by an animal control authority action or a court of competent jurisdiction.

D. The municipal court, upon receipt of the request, will set a hearing date and send notice to the parties. It shall be the responsibility of the parties to notify witnesses of the hearing date. If the appellant or his/her representative fails to appear for the hearing, except for a verifiable emergency, the declaration stands.

E. At the hearing, it shall be the burden of the animal control authority to establish by a preponderance of the evidence that the dog is a potentially dangerous dog as defined in BMC 6.04.030(S), or a dangerous dog as defined in BMC 6.04.030(H).

F. Following the hearing, if the court finds a preponderance of evidence to support the declaration, it shall uphold the declaration, impose court costs not to exceed $500.00 on the appellant, and may impose additional restrictions on the dog; if the court finds insufficient evidence to support the declaration, it shall be rescinded and the restrictions annulled.

G. Following service of a declaration of potentially dangerous dog, and pending any appeals, the animal control authority may, if circumstances require, seize and impound the dog at the owner or keeper’s expense as provided in BMC 6.08.060, until a court orders either its redemption or destruction. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.08.150 Potentially dangerous dog – Restrictions – Violation.

A. Following a declaration of potentially dangerous dog and dangerous dog and pending any appeal of that declaration, it is unlawful for an owner or keeper of a potentially dangerous dog to permit it:

1. To be away from the premises of the owner or keeper unless the animal is securely muzzled and leashed, and under the control of a person 18 years of age or older, physically able to restrain and control the animal. The owner of the dog shall permit the animal control authority to implant an identifying microchip in the dog and shall not remove nor cause to be removed said microchip per BMC 6.08.110(I).

2. While on the premises of the owner or keeper, to be other than securely confined inside a residential or nonresidential building as determined by the animal control authority, or a kennel, or pen, which has secure sides, bottom, and top. Said residential or nonresidential building, kennel, or pen shall be kept locked; or

3. To fail to comply with any other restrictions imposed on the keeping of a potentially dangerous dog by the municipal court, or any other court with jurisdiction.

B. Facilities and enclosures for potentially dangerous and dangerous dogs shall be subject to inspection at any time. The failure of any owner, keeper or person in charge of a potentially dangerous and dangerous dog who fails to permit such an inspection shall constitute a violation of this section.

C. The owner of a dog that has been classified as dangerous or potentially dangerous shall immediately notify the animal control authority when such dog dies, is sold, given away or moves to another address. Prior to a dangerous or potentially dangerous dog being sold or given away, the current owner shall provide to the animal control authority the name, address and telephone number of the new owner. The new owner shall comply with all requirements of this section. Failure to comply with this section shall constitute a violation.

D. Any person who violates any of the provisions of this section shall be guilty of a gross misdemeanor, and the penalty shall be a fine of not more than $5,000, or imprisonment not exceeding one year, or both such fine and imprisonment. (Ord. 2534 § 3, 2002; Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.08.160 Potentially dangerous or dangerous dog – Disposition hearing.

If there is probable cause to believe that a dog which has been declared potentially dangerous or dangerous is in violation of any restrictions of BMC 6.08.150 or of BMC 6.08.170, the animal control authority may file a petition requesting disposition of the dog. Upon the filing of said petition:

A. The owner or keeper of the dog shall be served with the petition and a notice to appear in municipal court. Service may be effected as provided in BMC 6.08.130(B). Attendance at this appearance is mandatory. Failure of the owner or keeper of the dog to attend after being served with notice is a misdemeanor punishable as provided in BMC 6.08.120.

B. At a hearing on the petition, the animal control authority has the burden of establishing by a preponderance of the evidence that the dog was in violation of restrictions as provided in BMC 6.08.150 or 6.08.170. This determination is made by the court sitting without a jury. This section provides a civil action in addition to the criminal action prosecuted in BMC 6.08.150 for violation of the restrictions.

C. Following the hearing, the court may rule that:

1. There is insufficient evidence to support the allegation made, whereupon the animal will be released to its owner subject to any restrictions previously imposed; or

2. There is sufficient evidence to establish by a preponderance of evidence that the dog was in violation, and the dog shall be promptly disposed of by the animal control authority; or

3. There is sufficient evidence to establish by a preponderance of evidence that the dog was in violation, and the dog shall be declared dangerous and subject to the restrictions on dangerous dogs as provided in Chapter 16.08 RCW.

D. The provisions of this chapter shall not apply to any dog utilized by any law enforcement agency for law enforcement purposes. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.08.170 Dangerous dogs – Restrictions – Violation.

Any person violating any of the following provisions is guilty of a gross misdemeanor punishable by a maximum fine of $5,000 and/or imprisonment not to exceed up to one year in the county jail in accordance with RCW 16.08.100(1):

A. It is unlawful for an owner to have a dangerous dog or a guard or attack dog in the city without a certificate of registration as required by Chapter 16.08 RCW.

B. It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper enclosure as defined in Chapter 16.08 RCW, unless the dog is muzzled and restrained by a substantial chain or leash and under the control of a person 18 years of age or older, physically able to restrain and control the animal. The owner of a dangerous dog shall further be required to post the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning signal that informs children of the presence of a dangerous dog.

C. A dangerous dog may be immediately confiscated by the animal control authority if (1) the dog is not validly registered under Chapter 16.08 RCW; or (2) the owner fails to maintain the liability insurance required under Chapter 16.08 RCW; or (3) the dog is not maintained in the proper enclosure; or (4) the dog is outside the proper enclosure and not under physical restraint as required by subsection B of this section. Facilities and enclosures for dangerous and potentially dangerous dogs are subject to inspection at any time.

D. In addition to the regular dog licensing fees, the registration fee for each dangerous dog and each location for a dog shall be assessed by the animal control authority in accordance with a fee schedule as set forth by a resolution of the city council.

E. The owner of a dog that has been classified as dangerous shall immediately notify the animal control authority when such dog dies, is sold, given away, or moves to another address. Prior to a dangerous dog being sold or given away, the current owner shall provide to the animal control authority the name, address and telephone number of the new owner. The new owner shall comply with all requirements of this chapter.

F. The violation of any of the provisions of this section shall be a gross misdemeanor punishable by a maximum fine of $5,000 and/or imprisonment not to exceed up to one year in the county jail in accordance with RCW 16.08.100(1). (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

Chapter 6.12
CONTROL OF ANIMALS
OTHER THAN DOGS

Sections:

6.12.010 Animals other than dogs at large – Defined.

6.12.020 Animals at large – Diseased.

6.12.030 Animals at large – Impoundment.

6.12.040 Redemption of impounded animals – Sales if not redeemed.

6.12.050 Impoundment – Fees.

6.12.060 Keeping animals in the city – General regulations – Penalty.

6.12.070 Regulation of wolves and wolf hybrids.

6.12.080 Regulation of bulls.

6.12.090 Reserved.

6.12.100 Exotic hybrid and/or wild animal permit required.

6.12.110 Control of rabid or potentially rabid animals.

6.12.120 Trapping destructive animals.

6.12.130 Infractions – Penalty.

6.12.140 Misdemeanors – Penalty.

6.12.010 Animals other than dogs at large – Defined.

An animal, other than a dog, shall be deemed at large whenever found upon any highway or public place and not being lawfully driven or led in transit over the same; whenever found or staked or tethered within 50 feet of the dwelling, building, or structure of another, or without the consent of the owner or lessee thereof upon the property of another; or whenever kept, found, staked, or tethered in violation of any law, ordinance, or health regulation. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.12.020 Animals at large – Diseased.

No owner of a diseased animal, including a dog, shall permit it to run at large among other animals until it is determined by an accredited veterinarian that such disease is not communicable. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.12.030 Animals at large – Impoundment.

All animals found to be at large may be taken up and impounded. Animals may also be impounded for any of the reasons as provided in BMC 6.08.060. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.12.040 Redemption of impounded animals – Sales if not redeemed.

A. The owner or persons entitled to the possession of any animal impounded may redeem the same at any time before the sale thereof by paying the animal control authority the impounding fees and the charges and costs of boarding such animal as adopted by the resolution of the city council.

B. If no person appears to redeem any impounded animal within five days after the impounding thereof, it shall be the duty of the animal control authority to give notice that such animal has been impounded, stating therein the place of the shelter, a full description of the animal and that unless redeemed such animal will be adopted or sold at public auction naming the day and hour of such sale and where such sale shall take place.

C. The impound notice shall be given by whatever reasonable means possible. If the animal’s owner or keeper is unknown and cannot be located, the notice shall be posted at the animal control agency. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.12.050 Impoundment – Fees.

The animal control authority is authorized to charge and collect impoundment fees in accordance with a fee schedule adopted by resolution of the city council. The animal control authority is also authorized to collect actual costs associated with advertising as required under this chapter and expenses related to veterinary care and special transportation. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.12.060 Keeping animals in the city – General regulations – Penalty.

A. Any person being the owner or entitled to the possession of any animal of the species of horse, mule, ass, cattle, sheep, goat, domesticated fowl and exotic animals (except domesticated fowl maintained in a residence), including but not limited to duck, chicken, goose, turkey or peafowl or swine of any kind, shall be permitted to keep the same within the limits of the city except as the same is now or may be hereafter forbidden by ordinance 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 getting within 50 feet of any dwelling or other building in which persons work or are accustomed to be, or near enough to the property of another to do any damage thereto or commit any nuisance thereupon; 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 of the streets, alleys or other public places of the city. Such confinement or staking must provide adequate food, water and shelter so that animal will not suffer abuse or neglect.

Animal keeping within the city limits of Blaine shall be dictated by the following:

1. Requirements Defined.

a. The keeping of livestock shall not exceed stocking rates of one animal unit per acre without a USDA approved farm management plan.

b. Animal keeping shall be restricted in areas characterized by urban density.

i. If the area adjacent and within 300 feet of the proposed property proposing to keep livestock is more than 50 percent urban in nature (three or more units per acre average, or characterized by commercial/retail businesses) then keeping livestock, including fowl, will not be permitted.

ii. Livestock will not be allowed in existing and proposed subdivisions which have an average lot size of one acre or less. Pre-existing livestock, prior to date of adoption of the ordinance codified in this section, are allowed to remain as long as they do not constitute a nuisance.

iii. Livestock “confinement” facilities shall be limited to minor, incidental noncommercial activities within all areas which currently exhibit an “urbanizing” character (see subsection (A)(1)(b)(i) of this section). Commercial raising of livestock is allowed only in areas with predominantly large contiguous acreages where not less than five acres are controlled/owned by the livestock producers. Stocking rates and farm management practices shall be in compliance with a current USDA/Conservation District approved farm management plan.

c. Confinement. Animal confinement structures must have setbacks from adjacent neighboring dwellings of at least 150 feet.

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 50 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 15.60.030. The terms “hive,” “colony,” “colonies of bees” and “bees” as used in this section shall have the meanings set forth in RCW 15.60.005.

C. All stables and other buildings and all enclosures and premises upon which any such animals are kept and confined shall be kept in a clean, healthful, and sanitary condition by the person owning, possessing, or using any such premises for said purposes, and no persons owning, possessing, or using any such premises shall permit any nuisance to be formed or to accumulate thereon.

D. It is the duty of the animal control authority to inspect all premises whereon any such animals are confined or kept, and to enforce the regulation of this chapter. If any such premises are not kept in a manner as required by 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 immediately comply with such order.

E. Any person violating any of the provisions of this section shall be deemed guilty of an infraction and upon conviction thereof shall be fined in any sum not to exceed $250.00. (Ord. 2505, 2001; Ord. 2357 § 1, 1998; Ord. 2313 § 2, 1997)

6.12.070 Regulation of wolves and wolf hybrids.

Wolves and wolf hybrids shall not be kept or maintained within the city. Owners of wolves and wolf hybrids who were kept or maintained in the city as of the effective date of the ordinance codified in this title shall be exempted from this title; provided, that wolves and wolf hybrids who were kept or maintained in the city on the effective date of the ordinance codified in this title shall be subject to the same restrictions, rules, regulations, and penalties that govern dangerous dogs pursuant to BMC 6.08.170. In addition, such wolves and wolf hybrids shall be kept segregated from domestic dogs and cats. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.12.080 Regulation of bulls.

A. It is unlawful for any owner to keep any bull within the city limits unless the same is securely confined in an enclosure, such as a well-maintained fence sufficiently strong to securely confine bull(s).

B. Any owner violating any provision of this section shall be guilty of a gross misdemeanor and shall be punished by a fine not to exceed $500.00 and/or imprisonment for up to one year. (Ord. 2505, 2001; Ord. 2357 § 1, 1998; Ord. 2313 § 2, 1997)

6.12.090 Reserved.

(Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.12.100 Exotic hybrid and/or wild animal permit required.

A. A permit from the animal control authority shall be required for any person, firm, corporation or business to own or maintain any wild or exotic animal.

B. A permit to own and maintain any wild or exotic animal will be issued only if it can be demonstrated that public safety is not at risk and proper animal enclosures exist to ensure the public’s safety. Facilities and enclosures for wild and/or exotic animals are subject to inspection at any time. Failure to submit to such inspections shall be sufficient grounds for permit revocation.

C. Any person having said permit revoked for violations of this chapter shall immediately remove said animals from the city.

D. Exempt from the permit requirement of this section are:

1. Circuses and zoos staying within the city for a limited time of no more than 30 days; provided, that proper safeguards are taken to protect the public and the animal control authority is notified of their arrival, all locations used to keep the animals, and duration of stay.

2. State registered wildlife rehabilitation centers, sanctioned by the Washington State Wildlife Department.

E. The annual permit fee as established by a resolution of the city council to keep or maintain any wild or exotic animal shall be paid to the animal control authority.

F. No person shall be permitted to own, harbor, or maintain any lion, tiger, bear, gorilla, lynx, cougar, jaguar or venomous snake, coyote, or any other species native to Washington except as licensed under state law.

G. No person shall have, keep or maintain any exotic or wild animal unless specially permitted. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.12.110 Control of rabid or potentially rabid animals.

The procedure for the control of rabid or potentially rabid animals provided for in BMC 6.08.100 shall apply to all animals regulated under this title. In addition, the animal control authority shall have the authority to enforce any animal quarantine as directed by the Whatcom County health department. Exotic or wild animals involved in a biting incident shall be destroyed immediately and tested for rabies. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.12.120 Trapping destructive animals.

Upon the written complaint of any party that any cat or other animal is trespassing upon the premises or property of the complaining party, and thereon doing substantial damage to property, trees, shrubs, lawns or gardens, and upon the animal control officer finding probable cause exists that the complainant’s property is being so substantially damaged, the animal control officer may humanely trap such cat or animal, and impound such cat or animal, or dispose of it in accordance with this chapter, or in accordance with RCW 77.16.230 if a game animal. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.12.130 Infractions – Penalty.

A violation of any of the following provisions shall constitute an infraction and shall subject the violator to a fine not to exceed $250.00:

A. Any violation of the provisions of BMC 6.12.060, the general regulations governing keeping animals in the city.

B. It is unlawful for any person to cause, permit, or allow any domestic animal or livestock of any kind to be at large. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.12.140 Misdemeanors – Penalty.

Any violation of the following provisions shall constitute a gross misdemeanor and shall be punishable by a fine not to exceed $5,000 and/or imprisonment for a period not to exceed one year.

A. It is unlawful for any person to prevent, obstruct, or hinder the impoundment of any animal or any other enforcement duties of police officers or animal control officers pursuant to this chapter.

B. It is unlawful for a person to own, keep or maintain any wild, hybrid or exotic animal without a valid permit from the animal control authority.

C. It is unlawful for an owner or keeper to refuse to quarantine or permit the quarantine of any animal when and as required by state law and this chapter.

D. It is unlawful for an owner of an exotic or wild animal to allow such animal to be at large.

E. It is unlawful for any person to take or drive any animal from any enclosed lot or tract of land or from any stable or other building, or from outside the limits of the city with the intent that such animal be impounded.

F. Except as otherwise provided, it is unlawful for an owner of any wolf or wolf hybrid to keep or maintain such animal in the city, or for the owner or keeper of any exempted wolf or wolf hybrid to fail to comply with the provisions of this title. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

Chapter 6.16
CRUELTY TO ANIMALS

Sections:

6.16.010 Generally.

6.16.020 Equine animals.

6.16.030 Cattle.

6.16.040 Hogs, sows, and pigs.

6.16.050 Cats and dogs.

6.16.060 Experimentation.

6.16.070 Trapping.

6.16.080 Capturing wildlife.

6.16.090 Removal of neglected animals.

6.16.100 Authority of officers to offer relief.

6.16.110 Violation – Penalty.

6.16.120 Federal and state laws – Violation deemed misdemeanor.

6.16.010 Generally.

A. Sanitary Conditions. Animals and fowl may be kept within the city limits; provided, the areas within which they are kept are at all times maintained in a sanitary condition as determined by the designated animal control officer. Should the animal control officer determine that the conditions are not sanitary, he/she shall provide written notice to the occupant of the premises specifying corrective measures that shall be completed within five days of the notice. Failure to complete the corrective measures is a misdemeanor.

B. Abandonment. It is unlawful for any person to transport any animal within the city limits for the purpose of abandoning it either within or without the city limits, or so place any animal on public or private property for the purpose of abandonment.

C. Transporting or Confining in an Unsafe Manner. It is unlawful for any person to willfully transport or confine, or cause to be transported or confined, any domestic animal or animals in a manner, posture, or confinement that will jeopardize the safety or health of the animal or the public.

D. Mistreatment. It is unlawful for any person to keep or harbor an animal within the city without providing a suitable dry place for the housing thereof, or to fail to provide a suitable amount of wholesome food and clean water for the nutrition and comfort thereof, or to leave the premises upon which such animal is confined, or to which it customarily returns, for more than 24 hours without providing for the feeding and care of such animal in the absence of such person.

E. Spoiled Feed.

1. It is unlawful for any person to sell, give, barter, trade, or convey hay or feed of any kind that is mildewed or musty, or otherwise unfit for feed for stock or poultry, as determined by a licensed veterinarian or other recognized expert.

2. It is unlawful for any person to feed such unfit feed to stock, cattle or poultry.

F. Injury of Animals.

1. It is unlawful for any person to willfully injure, beat, abuse, or run down any animal.

2. Any person who kills or injures an animal while driving a vehicle shall stop at the scene of the accident and render such assistance as practicable, make a reasonable effort to locate and identify himself to the owner of the animal, and report the accident immediately to the police division or the animal control authority.

G. Carnival Restrictions. No person operating a carnival, concession, bazaar, etc., shall give away any live fowl or animal in connection therewith, or use any live fowl or animal for rings to be thrown over or to be shot in any manner. (Ord. 2505, 2001; Ord. 2471, 2000; Ord. 2357 § 1, 1998; Ord. 2313 § 2, 1997)

6.16.020 Equine animals.

The following regulations shall apply to equine animals:

A. Shelter. All equine animals shall be sheltered in a warm, clean stable between the first day of October and the last day of the following March, with reasonable, safe and sanitary shelter for the balance of the year.

B. Shoeing. All equine animals shall be properly trimmed and/or shod. In icy weather the shoes shall be such as to give the animal secure footing.

C. Harness. No harness, collar, sweat-pad, bridle, blanket, saddle, or other equipment shall be used on any equine animal which may cause it pain or discomfort. All of the same shall be mended by riveting, sewing, lacing and the use of strong straps. The use of any kind of wire is prohibited.

D. Bits. Spade bits, J.I.C. bits, bits with long curb, or bits other than standard make are prohibited.

E. Spurs. The use of spurs with sharp or pointed rowels is prohibited. Locked or wired rowels are also prohibited.

F. Lame or Injured – Working Prohibited. It is unlawful to work or ride any equine animal when it is lame or suffering from any injury or diseased condition or when it cannot masticate its hay or other rough forage properly, but such last-mentioned animal shall be kept in pasture and fed such foods as it can masticate, otherwise it shall be disposed of in a humane manner.

G. Disposal. It is unlawful for any person to dispose of or to accept from any person any equine animal which is over age, wind-broken, spavined, diseased or permanently injured if such animal is to be used by the recipient for work, riding, or profit.

H. Overloading. It is unlawful to overwork any equine animal, or combination thereof, or to drive any such animal when sick, lame, or crippled; nor shall any mare be worked until after a reasonable rest period after foaling.

I. Endangering Health. It is unlawful to negligently or willfully endanger the life or health of any equine animal by failing to provide it with food, light, air, water or space fairly sufficient for its needs, comfort and safety.

J. Drugging. It is unlawful to give a horse a drug or substance for the purpose of pepping up such animal to increase its ability to work when lame or injured, to increase its salability, or to win a race.

K. Condemnation Board. It is unlawful to work an equine animal which is decrepit through old age or otherwise. Any person who owns such animal shall either cease working such animal and provide proper care therefor, or shall immediately dispose of such animal in a humane manner. The municipal court is authorized in the proper case to order the immediate disposal of such animal for humane purposes. If the court determines that such animal shall be destroyed and disposed of, it shall issue such order to the animal control authority who shall see that such order is carried out as soon as convenient. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.16.030 Cattle.

The following regulations shall apply to bovine animals:

A. Milking. All cows must be milked at least twice each day, except during the drying-up period, and within 12-hour periods.

B. Salt Licks. Salt licks shall be provided at points easily accessible to cows and young stock at all times.

C. Cleanliness. All stables, corrals, or pens in which cattle are confined shall be kept dry and clean, and discarded containers for salt, food, and water shall be removed and burned or buried at once.

D. Disposition of Dead Animals. No dead carcasses shall be allowed to remain at any time in the vicinity of a place where cattle graze or are kept, but shall be removed and burned or buried within 24 hours.

E. Isolation of Diseased Animal. As soon as disease is discovered in any animal, it shall be isolated.

F. Storm Protection. Each pasture shall be provided with a storm shelter for the protection of the cattle.

G. Mechanical Pokes Illegal. It is unlawful to pierce the hide of any animal or to attach any mechanical device for the purpose of breaking it from fence breaking or jumping, but wooden yokes are acceptable.

H. Goad Sticks. It shall be unlawful to use a goad stick with sharpened or metal point designed as a goad on any cattle at any time. (Ord. 2505, 2001; Ord. 2357 § 1, 1998; Ord. 2313 § 2, 1997)

6.16.040 Hogs, sows, and pigs.

The following regulations shall apply to hogs, sows, and pigs:

A. Sanitary Shelter. Hogs, sows, and pigs shall be provided with a dry pen with clean, dry bedding to be changed at intervals frequent enough that the animals are kept free from lice and vermin.

B. Killing. These animals shall be killed in as humane a manner as possible, either by shooting with a rifle in the forehead, then sticking, or stunning with a heavy hammer, then sticking, but at no time shall the animal be stuck without first having been stunned.

C. Care of Sows and Little Pigs. Owners of sows about to bear litters shall give such sows special attention and provide them with bone meal and other feed that is required by a sow in that condition. No pig under six weeks old shall be weaned from the sow. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.16.050 Cats and dogs.

The following regulations shall apply to cats and dogs:

A. Female Dogs in Season. All female dogs and cats while in season shall be confined in a clean enclosure inaccessible to other dogs and kept there during that entire period.

B. Collars, Etc. Collars, leashes, sweaters, harnesses, muzzles, etc., shall so fit a dog as to cause it no discomfort or pain.

C. Tying. No dog or cat shall be allowed less than 10 feet of rope, chain, wire, etc., when tied up. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.16.060 Experimentation.

A. No living animal, reptile or fowl shall be used for any public experiment or scientific use, where that creature will be subject to cutting, electricity, heat, water, chemicals, powders, or injections of serums, except for the purpose of saving the creature’s life or the making of antitoxin for the purpose of saving either human or animal life.

B. Any person owning or having charge of any building used for such illegal purpose set out in subsection A of this section shall be held equally guilty with the experimenter if he has knowingly permitted the same. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.16.070 Trapping.

No person shall be allowed to trap any animal, with the exception of rats and mice, except with a box trap made of chicken mesh or screen, and that person must visit his traps at least once each day. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.16.080 Capturing wildlife.

No person shall catch or take captive any wild animal or bird, except to return it to its native habitat; he may keep it long enough for it to recover from exhaustion or injury. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.16.090 Removal of neglected animals.

A. If the animal control officer or other law enforcement officer shall find that a domestic animal has been neglected by its owner, he or she may authorize the removal of the animal to a suitable place for feeding and restoring to health.

B. If an animal control officer or other law enforcement officer has probable cause to believe a violation of this chapter has occurred, the officer may authorize an examination of an allegedly neglected domestic animal by a veterinarian to determine whether the level of neglect is sufficient to require removal of the animal. This section does not condone illegal entry onto private property.

C. Any owner whose domestic animal is removed to a suitable place pursuant to this chapter shall be given written notice of the circumstances of the removal and notice of legal remedies available to the owner. In making the decision to remove an animal pursuant to this chapter, the law enforcement officer shall make a good faith effort to contact the animal’s owner before removal unless the animal is in a life-threatening condition or unless the officer reasonably believes that the owner would remove the animal from the jurisdiction.

D. If no criminal case is filed within 72 hours of the removal of the animal, the owner may petition Blaine municipal court for the return of the animal. The petition shall be filed with the court, with copies served to the animal control authority and to the city attorney. If a criminal action is filed after the petition is filed but before the animal is returned, the petition shall be joined with the criminal matter.

E. In a motion or petition for the return of the removed animal before a trial, the burden is on the owner to prove by a preponderance of the evidence that the animal will not suffer future neglect and is not in need of being restored to health.

F. Any authorized person treating or attempting to restore an animal to health under this chapter shall not be civilly or criminally liable for such action.

G. Impound fees and reasonable costs of veterinary treatment and exam, food and shelter for the animal may be assessed against the owner. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.16.100 Authority of officers to offer relief.

Every police officer and animal control officer shall have the authority to summarily relieve any animal which is suffering from violence or constraint contrary to any of the provisions of this chapter. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.16.110 Violation – Penalty.

Failure to comply with, or violation of any of the provisions of this chapter, shall be deemed a gross misdemeanor, and any person found guilty thereof shall be punished by a fine of not more than $5,000 and/or imprisonment not to exceed one year. The penalty may also include restitution for all costs associated with care, rehabilitation, transportation, and boarding of the animal. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.16.120 Federal and state laws – Violation deemed misdemeanor.

The violation of any law or regulation of the United States or of the state of Washington with reference to songbirds, game birds, or migratory birds or waterfowl is a misdemeanor under this chapter, and such violation may be prosecuted as a misdemeanor as fully and completely as though the laws and regulations referred to were set out in full as a part of this chapter. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)