Chapter 6.04
DOGS

Sections:

6.04.010    Definitions.

6.04.020    License – Required.

6.04.030    License – Application.

6.04.040    License – Expiration.

6.04.050    License – Fee.

6.04.060    License – Tag – Issuance.

6.04.070    License – Tag – Replacement.

6.04.080    Unlicensed – Impoundment – Redemption.

6.04.090    Disposition of fees.

6.04.100    Control of dogs.

6.04.110    Impoundment authorized when – Notice to owner.

6.04.120    Redemption or other disposition of impounded dogs.

6.04.130    Rabies – Report required.

6.04.140    Quarantine required when.

6.04.150    Acts constituting nuisances – Abatement procedures.

6.04.155    Inhumane treatment of animals – Misdemeanor.

6.04.160    Violation – Penalty.

6.04.010 Definitions.

As used in this title unless the context otherwise indicates, the following words and phrases shall be defined as follows:

A. “Animal control authority” means the Burlington police department or its designee, acting alone or in concert with other local governmental units for enforcement of the animal control laws of Skagit County and the shelter and welfare of animals.

B. “Animal control officer” means any individual employed, contracted with or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that cover the seizure and impoundment of any animal.

C. “Animal shelter” means the Skagit County humane society or other agency as designated as the place for the impounding of dogs.

D. “At large” means to be off the premises of the owner or keeper and not under the immediate control of such owner or keeper, or his agent or a member of his immediate family, either by leash, cord, chain or otherwise. An animal within a vehicle of its owner shall be deemed to be upon the owner’s premises.

E. “Dangerous dog” means any dog that according to the records of the appropriate authority: (a) has inflicted severe injury upon a human being without provocation on public or private property, (b) has killed a domestic animal without provocation while off the owner’s property, or (c) 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; provided, however, that dogs shall not be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a wilful 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.

F. “Dog” means and includes both male and female, natural or sterilized.

G. “Dog warden” means an employee, agent or agency designated by the city to perform the acts, duties and functions prescribed by this title.

H. “Harboring”. The occupant of any premises on which an animal remains or to which it customarily returns daily for food and care for a period of five days is presumed to be harboring or keeping the animal within the meaning of this title.

I. “Licensing official” means any employee or agent of the city designated to issue licenses, pick up, impound, sell, dispose of and do any other acts relating to the regulation of dogs in this title.

J. “Owner” means any person, firm, corporation, organization or department possessing, harboring, keeping, having an interest in or having control or custody of an animal.

K. “Potentially dangerous dog” means any dog that when unprovoked: (a) inflicts bites on a human or a domestic animal either on public or on private property, or (b) chases or approaches a person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or otherwise to threaten the safety of humans or domestic animals.

L. “Proper enclosure of a dangerous dog” means, while on the owner’s property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.

M. “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. (Ord. 1114 § 1, 1987; Ord. 805 § 1, 1973).

6.04.020 License – Required.

From and after January 1, 1974, it is unlawful to keep or harbor a dog over three months of age within the city unless a dog license has been procured for the dog from the city. (Ord. 1024 § 1, 1983; Ord. 805 § 2(A), 1973).

6.04.030 License – Application.

Application for such license shall be made upon forms provided by the city. The applicant shall list the name, address and telephone number of the owner, and the name, breed, color, age and sex of the dog owned or harbored by him. Such information shall be kept conveniently indexed by the licensing official together with the number of the license issued. (Ord. 1024 § 1, 1983; Ord. 805 § 2(B), 1973).

6.04.040 License – Expiration.

The license shall expire each year on December 31st following the date of issuance thereof. (Ord. 1024 § 1, 1983; Ord. 805 § 2(C), 1973).

6.04.050 License – Fee.

The annual license fee for each dog shall be as follows:

A. For sterilized male and female dogs, $3.00. Proof of such sterilization must be evidenced by the certificate of a licensed veterinarian. In lieu thereof, the licensing official may, at his discretion, accept an affidavit that a dog has been sterilized.

B. For male and female dogs not sterilized, $6.00. (Ord. 1446 § 1, 2000; Ord. 1413 § 1, 1999; Ord. 1024 § 1, 1983; Ord. 805 § 2(D), 1973).

6.04.060 License – Tag – Issuance.

The license tag shall be affixed to a suitable collar or harness which shall be worn by the dog at all times outside of the home or abode of the owner or keeper of the dog. The license tag shall be stamped with the number and year for which it is issued. The shape or design of the tag shall be changed from year to year. It is unlawful for any person other than the owner, his agent or a city official to remove the license tag from the dog. (Ord. 1024 § 1, 1983; Ord. 805 § 2(E), 1973).

6.04.070 License – Tag – Replacement.

Any owner or keeper of a licensed dog whose current license tag has been lost may obtain a replacement tag prior to impoundment of such dog, by payment of a fee of $1.00 to the licensing official. (Ord. 1024 § 1, 1983; Ord. 805 § 2(F)(1), 1973).

6.04.080 Unlicensed – Impoundment – Redemption.

Any dog licensed for the current year which may be impounded while running at large without a tag may be redeemed upon payment of impounding and care fees as provided in BMC 6.04.120(A). (Ord. 1024 § 1, 1983; Ord. 805 § 2(F), 1973).

6.04.090 Disposition of fees.

All moneys collected as license fees pursuant to this chapter shall be remitted to the city clerk-treasurer and used for the enforcement of this chapter and for other dog purposes. Any surplus after December 31st of each year shall be transferred to the general fund. (Ord. 805 § 8, 1973).

6.04.100 Control of dogs.

A. It is unlawful for the owner, keeper, custodian or person having charge of any dog to allow such dog to run at large within the corporate limits of the city.

B. It is unlawful for any person to sell or otherwise transfer the ownership of any dog previously certified as a potentially dangerous dog or as a dangerous dog by the animal control authority unless such person shall, within five days of such transfer, notify the animal control authority of the disposition of such dog.

C. It is unlawful for any person to purchase or otherwise receive the transfer of ownership or possession of any dog previously certified as a potentially dangerous dog or as a dangerous dog by any authorized jurisdiction in the state unless such person shall notify the animal control authority of the disposition of such dog within five days of such transfer.

D. It is unlawful for a dog to defecate on any public property or private property not owned by the owner unless the owner or person in control of said domestic animal immediately removes the deposited fecal matter from said property.

E. It is unlawful for a dog to enter or remain on any public park property which includes an active play and/or picnic area unless such animal is restrained by a leash or other similar physical restraint.

F. It is unlawful for a dog to enter or remain on any passive, natural and/or undeveloped public park property unless such animal is then under control or restrained by a leash or other similar physical restraint.

G. It is unlawful for a dog to enter park areas where the area is specifically posted to prohibit dogs. (Ord. 1500 § 1, 2002; Ord. 1114 § 2, 1987; Ord. 1071 § 1, 1985; Ord. 952 § 1, 1980; Ord. 805 § 3, 1973).

6.04.110 Impoundment authorized when – Notice to owner.

A. It is the duty of such city employees as are designated for that purpose by the mayor or the employees of any authorized agency or any person designated by the mayor to take up and impound any dogs found in the city in violation of any of the provisions of this chapter.

B. The dog warden, or his duly appointed agent, shall, immediately upon impounding of any dog, make a complete registry, entering the breed, color, sex and license number and name and address of owner, if known.

C. When any licensed dog is impounded, the dog warden shall forthwith give notice by telephone or mail to the owner of such licensed dog, informing the owner of the impounding of his dog, the date and time of the impounding, and the reason therefor. In addition, notice of such impounding shall be posted, in writing, at police headquarters.

D. If any dog which is not bearing a license shall be impounded, the dog warden shall give notice within 24 hours of such impounding by posting notice giving the breed, color, sex and other identifying characteristics together with the date and place of apprehension. Such notice shall be posted at police headquarters.

E. The dog warden shall deliver the impounded dog to the Skagit County Humane Society or such other animal shelter which is available. The city shall pay to the Skagit County Humane Society or such other animal shelter such fees as are required for the impoundment of the dog. (Ord. 1024 § 2, 1983; Ord. 805 § 4, 1973).

6.04.120 Redemption or other disposition of impounded dogs.

A. For every dog taken up and impounded as provided in this chapter, there shall be paid to the designated official or agency, by any person desiring to redeem such dog, the total of the following fees:

1. Payment of actual expenses for boarding the dog, including any reasonable charges by the Humane Society, plus a distrain fee of $15.00;

2. If no license has been issued for the current year, the annual license fee required by BMC 6.04.050, or if the tag is lost, the replacement fee as provided in BMC 6.04.070.

B. Payment of the above fees shall be exclusive of any fines or penalties imposed upon the owner upon conviction of a violation of any provision of this chapter.

C. Any dog which has been impounded may be redeemed within 72 hours after being impounded. A dog may be redeemed by the owner, or the owner’s agent, by obtaining a validated animal impound release at the Burlington police department. The release will be validated upon submitting proof of ownership, and upon payment of the fees and costs as set forth in subsection A of this section. If such dog is not redeemed within 72 hours after being impounded, such dog shall be subject to being destroyed by the Skagit County Humane Society or other animal shelter; provided, that after 72 hours such dog may be kept and offered for sale at a price to be determined by the Skagit County Humane Society or other animal shelter, or released by the Skagit County Humane Society or animal shelter to any person who shall pay the fees as shall be required by the Skagit County Humane Society, or other animal shelter. (Ord. 1446 § 1, 2000; Ord. 1420 § 1, 1999; Ord. 1024 § 3, 1983; Ord. 805 § 5, 1973).

6.04.130 Rabies – Report required.

Anyone having knowledge of the whereabouts of a dog known to have or suspected of having rabies shall report the facts immediately to the dog warden or police department. The dog warden or police department shall likewise be notified of any person or animal bitten by a rabid or suspected rabid dog. It shall also be the duty of any physician upon treatment of any person bitten by any dog or other animal to immediately report the name and address of such person to the city dog warden or police department. (Ord. 805 § 6, 1973).

6.04.140 Quarantine required when.

A dog which is known to have bitten or injured any person so as to cause an abrasion of the skin, or a suspected rabid dog, shall be placed in confinement under observation of a veterinarian which shall be at the sole expense of the owner, and shall not be killed or released until at least 14 days after the onset of symptoms suggestive of rabies. Any animal of a species subject to rabies that has bitten a person shall likewise be confined and observed for at least 14 days. No person shall fail, refuse or neglect to allow the dog warden or police department, or their respective designees, to make an inspection or examination thereof at any time during such period. (Ord. 805 § 7, 1973).

6.04.150 Acts constituting nuisances – Abatement procedures.

Any person violating any provisions of this chapter in the keeping or maintaining of any nuisance as defined in this chapter shall, in addition to the fine or imprisonment, or both, provided for in this chapter by order of the court in such action, be ordered to forthwith abate and remove such nuisance. If the same is not done by such offender within 24 hours thereafter, the same shall be abated and removed under the direction of the officer authorized by order of the court, which said order of abatement shall be entered upon the docket of the court and made a part of the judgment in said action. Any such person shall be liable for all costs and expenses of abating the nuisance. (Ord. 805 § 10, 1973).

6.04.155 Inhumane treatment of animals – Misdemeanor.

It shall be unlawful for any person to suffer or permit any animal to be tortured, tormented, deprived of necessary sustenance, cruelly beaten or mutilated, or cruelly killed, and whoever having charge or custody of any animal, either as owner or otherwise, inflicts unnecessary suffering or pain upon the same, or unnecessarily fails to provide same with the proper food, drink, air, light, space, shelter or protection from the weather, or who cruelly abandons any animal within the city, shall be guilty of a misdemeanor. (Ord. 1071 § 3, 1985).

6.04.160 Violation – Penalty.

A. Unless otherwise specifically provided herein, any person violating any of the provisions of this chapter shall have committed a civil infraction and shall be subject to a civil penalty as follows: upon the first violation, a fine of $35.00; upon a second violation, a fine of $50.00; upon a third violation, a fine of $100.00; upon a fourth or subsequent violation, a fine of $150.00, plus forfeiture of the animal causing the violation.

B. In addition to any civil penalty or criminal sentence as provided by this chapter, the owner of the dog, whether licensed or not, shall be liable for actual expenses for boarding the dog, including any reasonable charges by the Humane Society, and if necessary, for the cost of its destruction.

C. Any person violating BMC 6.04.100(D), (E), (F) and (G) shall have committed a civil infraction and shall be subject to a civil penalty fine of $35.00 per infraction. (Ord. 1544 § 1, 2004; Ord. 1506 § 1, 2002; Ord. 1071 § 2, 1985; Ord. 1024 § 4, 1983; Ord. 952 § 2, 1980; Ord. 805 § 9, 1973).