ORDINANCE NO. WHEREAS, some animal control regulations within the PMC need to be clarified based upon federal and state case law; and

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1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PUYALLUP amending Puyallup Municipal Code sections , , , , , and , and adding new sections , and to the Puyallup Municipal Code, pertaining to animal control regulations. WHEREAS, City of Puyallup ( City ) staff has conducted a comprehensive review of the animal control regulations contained in the Puyallup Municipal Code ( PMC ); WHEREAS, as part of this review City staff, upon request of the City Council, has reviewed the definition of leash and has made a recommendation to City Council that the definition of leash specifically excludes an electronic leash; WHEREAS, because electronic leashes do not actually have a physical rope, chain, etc., attached to the dog s collar and held by the dog s owner there is an increased risk to public safety and increased public fear as the electronic leash technology could fail or a person could encounter a dog and not realize it is on an electronic leash; WHEREAS, there would likely be an increased workload for animal control officers responding to calls for service from persons who do not know a dog is controlled by an electronic leash if such leashes were allowed to be used within the City; WHEREAS, animal control officers have recently had to respond to calls involving an animal that is in physical distress or deceased due to an owner leaving the animal in a car without proper ventilation or heat and, thus, it is necessary to include stronger enforcement provisions within PMC Title 8 pertaining to animals in motor vehicles; WHEREAS, the City has regulations pertaining to dogs that are designated dangerous or potentially dangerous by the City animal control authority but lack an important provision requiring an owner who relocates a dangerous or potentially dangerous dog from outside the City to within the City limits to notify animal control of such relocation; WHEREAS, some animal control regulations within the PMC need to be clarified based upon federal and state case law; and WHEREAS, the Puyallup City Council finds the amendments proposed in this ordinance to the Puyallup Municipal Code are necessary and in the public interest; NOW THEREFORE, the City Council of the City of Puyallup ordains as follows:

2 Section 1. read as follows: Puyallup Municipal Code Section is hereby amended to Keeping noisy dog. The keeping or harboring of any dog or dogs which by habitual howling or barking unreasonably annoys, or disturbes, or interferes with the comfort, repose, health or safety of any person or neighborhood is declared a nuisance. (Ord (n), 1953). Section 2. read as follows: Puyallup Municipal Code Section is hereby amended to Definitions. As used in this title, unless the context otherwise indicates: (1) Animal shall mean a living creature except persons, insects and worms. (2) Animal control shall mean the animal control program operated jointly by the city of Puyallup and the city of Sumner to enforce their animal control provisions. (3) Animal control authority shall mean a person or entity authorized by statute or contract to enforce the animal control laws of the city. (4) Animal control officer shall mean: (a) 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 relating to the licensure, control or seizure and impoundment of animals; (b) Any state or local law enforcement officer; or (c) Any other official whose duties in whole or in part include the seizure and impoundment of any animal. (5) Approved confinement device shall mean a pen or structure that has secure sides and a secure top. If the pen or structure has no bottom secured to the sides, then the sides must be embedded in the ground no less than one foot. (6) At large shall mean off the premises of the owner or keeper of the dog, cat or animal, and not under restraint by leash or chain or not otherwise controlled by a competent person. This definition shall not include a service animal as defined in this section if such restraint would interfere with the service animal s

3 work or the nature of the animal s owner s or keeper s disability prevents use of a restraint. (7) Cat shall mean and include female, spayed female, male and neutered male cats. (8) Director shall mean the chief of the Puyallup police department. (9) Dog shall mean and include female, spayed female, male and neutered male dogs. (10) Exotic animals shall mean any of the following: (a) Venomous and constricting species of snakes capable of inflicting serious physical harm or death to human beings; (b) Non-human primates and prosimians; (c) Bears; (d) Non-domesticated species of felines; (e) Non-domesticated species of canines and their hybrids, including wolf and coyote hybrids; (f) The order crocodylia, including alligators, crocodiles, caiman and gavials. (11) Kennel includes those places where three or more dogs or cats are kept for breeding and the pups or kittens are sold for profit, or where dogs and/or cats are received for care or boarding. (12) Leash shall mean a cord, strap, or chain of sufficient strength so that the animal is under the control of a competent person accompanying the animal. For purposes of this definition, leash does not include an electronic leash or other similar device where a competent person in control of the animal is not holding a cord, strap, or chain directly attached to the animal. (12)(13) Owner shall mean any person, firm, or corporation owning, having an interest in, or having control or custody or possession of any dog, cat, or animal. (14) Service animal shall mean a dog that is individually trained to do work or perform tasks for a person who has a disability as defined under state or federal law.

4 (15) Under control of a competent person means a person has complete and total control over the movement of an animal by means of a leash. Section 3. read as follows: Puyallup Municipal Code Section is hereby amended to License Required Fees. All dogs and cats seven months of age or older which are harbored, kept or maintained in the city shall be licensed by the city annually on a schedule established by the animal control authority. The fee for each animal license shall be as set forth in the following schedule of fees. No proration of a license fee for a portion of the year shall be made. Every dog or cat kept within the city limits shall be provided by its owner with a collar or harness made of leather, metal or other substantial material which shall be worn by such dog or cat at all times when off the premises of the licensed owner and to which the license tag provided shall be securely fastened. Animal Control Fees (1) Adult dogs: seven months or older altered $14.00 unaltered $60.00 (2) Adult cats: seven months or older altered $10.00 unaltered $60.00 (3) Reduced rates for senior citizen, 65 years of age or older: Dogs altered $7.00 unaltered $30.00 Cats altered $5.00 unaltered $30.00 (a) Provisions of this section shall not apply to dogs or cats in the custody of a veterinarian or animal shelter, a service animal, or whose owners are nonresidents temporarily within the city for a period of not exceeding 30 days. Dogs and cats are exempt from the above licensing provisions when they are in the custody of a recognized animal rescue group. In order to qualify as a recognized group, proof of registration with the Internal Revenue Service pursuant to IRC 501(c)(3) must be submitted to the Metro Animal Services by the group.

5 (b) In order to receive the fee advantage for altered dogs and cats, an individual must provide either proof of alteration from a licensed veterinarian or a written statement from a licensed veterinarian that the spay/neuter procedure would be harmful to the animal. (4) Board: Cats Dogs/other animals (5) Impound fees: $5.00/day $5.00/day Dogs/other animals $25.00 Cats $25.00 Second impound within any 12-month period $50.00 Third impound within any 12-month period $75.00 Fourth impound within any 12-month period $ (6)(4) Unaltered dog/cat deposit: (a) A $75.00 refundable deposit will be required to redeem any unaltered dogs or cats impounded more than once in any 12-month period pursuant to PMC (7) (5) Kennel license fees: $75.00 (8) (6) Potentially dangerous dog permit fee: $ Renewal permit: $50.00 (7) Dangerous dog permit fee: $500 Renewal permit: $100 (9) (8) Replacement tag fee $5.00 (10) Microchip. The city of Puyallup has determined that the best method of identification of animals under current technology is the microchip. Microchipping can be performed by veterinarians. If an animal owner residing inside the Puyallup city limits shows proof that their animal has been microchipped, the owner can receive a one-time credit of up to $10.00 on an animal license. Proof of microchipping on the animal to be licensed is required at the time of licensing. (11)(8) Animal Shelter Fees. (a) Adoption Fees. Adoption fees shall include an animal license, spaying/neutering of the animal and a microchip.

6 (b) Spay/Neuter Deposit. Fee charged to a new owner if the animal is too young to be altered. The deposit is refunded upon providing proof of alteration within 90 days of adoption. (c) Owner Drop Off Fee. Fee charged to an owner who surrenders their animal to animal control for adoption. (d) Owner Euthanasia Fee. Fee charged to an owner who surrenders their animal to animal control for euthanization. (e) Impound/Redemption Fee. Fee charged to an owner for costs associated with completing the intake and disposition process of an animal that has been impounded. (f) Boarding Fee. Fee charged to an owner for costs associated with boarding an animal that has been impounded or taken into protective custody. These fees shall be set annually by the animal control operations board and shall be based on comparables as well as actual costs associated with professional services. The animal control operations board shall provide each city with a copy of these fees upon their adoption by said board. (12) Checks. Any person who issues a check for which funds are insufficient (NSF) will be assessed a fee of $ In addition, any license(s) or penalties paid with such checks will be invalid. Additional costs incurred by the city in collecting NSF checks shall be considered a cost of abatement and will be the personal obligation of the animal owner and will be subject to civil litigation. (Ord , 2008; Ord , 2000; Ord , 1999; Ord , 1995; Ord , 1989; Ord , 1986; Ord , 1974; Ord , 1953). Section 4. A new section, , is hereby added to Chapter 8.04 of the Puyallup Municipal Code to read as follows: Confinement of an animal in a motor vehicle. It is unlawful for an owner or any person to confine an animal in a motor vehicle in such a manner that poses an unreasonable risk to the animal s health or safety by exposure to extreme heat or cold, without proper ventilation or other protection from such heat or cold. In order to protect the health and safety of such animal, an animal control officer or law enforcement officer who has probable cause to believe that this section is being violated shall have the authority to enter such motor vehicle by any reasonable means under the circumstances, after making a reasonable effort to locate the owner.

7 Section 5. read as follows: Puyallup Municipal Code Section is hereby amended to Rabies Mandatory Vaccination, Quarantinetest for dead dog. In all cases where any dog which has bitten a person or caused an abrasion of the skin is slain by a police officer or designee, whether by order of court or otherwise, and a period of less than 10 days has elapsed since the day on which such dog bit any person or caused any abrasion of the skin of any person, it shall be the duty of the animal control to forthwith deliver intact the brain of such dog to the laboratory of the State Department of Health. (1) All dogs and cats three months or older shall be vaccinated against rabies. (2) An owner of a dog or cat shall provide written documentation of rabies vaccination for a dog or cat when such written documentation is requested by a law enforcement officer or animal control officer as part of an investigation involving a dog or cat biting a human or animal. (3) In cases where a dog or cat has bitten a person or caused an abrasion of the skin, the animal shall be quarantined for a period of no less than 10 days. The purpose of the quarantine is to ensure no adverse health problems with the animal are detected. The quarantine may be completed at the animal owner s home, veterinary clinic, or animal shelter as determined by the investigating law enforcement officer or animal control officer. (Ord , 1995; Ord (F), Formerly ). Section 6. read as follows: Puyallup Municipal Code Section is hereby amended to Dogs on a leash. (1) Nothing in this chapter shall be held to require the leashing of any dog while on the private premises of anyone consenting to have the dog on his premises unleashed. No dog shall be permitted, except on a leash, to use or be on any public street, sidewalk, parkway or public place within the city limits. (2) No dog shall be permitted, to be or enter upon any, food and drink handling establishment during the time that said place is open for public business. (3) No dog shall be permitted to go or be upon any school premises or grounds at any time during school hours. (4) No leash shall be greater than eight feet in length. (5) The provisions of this section shall not apply to service dogs if a leash would interfere with the service animal s work or the nature of the animal s owner s or

8 keeper s disability prevents use of a leash. leading blind persons, hearing impaired or certified as assist dogs. (Ord , 1995; Ord , 1953). Section 7. A new section, , is hereby added to Chapter 8.04 of the Puyallup Municipal Code to read as follows: Limit on Number of Cats and Dogs No more than a total of five cats or dogs, or a combination of a total of five cats and dogs, over the age of three months may be kept on property that is not a licensed kennel. Section 8. Puyallup Municipal Code Section is hereby amended to read as follows: Declaration of dogs as potentially dangerous or dangerous Procedure. (1) The animal control agency shall classify potentially dangerous dogs and dangerous dogs. The agency may find and declare an animal potentially dangerous or dangerous if any animal control officer has probable cause to believe that the animal falls within the definitions set forth in PMC The written finding must be based upon: (a) The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of PMC ; (b) Dog bite reports filed with the animal control agency or other law enforcement agency; or (c) Actions of the dog witnessed by any animal control officer or law enforcement officer; or (d) Other substantial evidence. (2) Exclusions. A dog may not be declared potentially dangerous if the animal control authority determines, by a preponderance of the evidence, that the threat, injury, or bite alleged to have been committed by the dog was sustained by a person who was at the time committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or who was tormenting, abusing, or assaulting the animal, or who has been in the past observed or reported to have tormented, abused, or assaulted the dog, or who was committing or attempting to commit a crime. (3) The declaration of potentially dangerous dog or dangerous dog shall be in writing and shall be served on the owner in one of the following methods:

9 (a) Certified mail to owner s last known address; or (b) Personally; or (c) If the owner cannot be located by one of the first two methods, by publication in a newspaper of general circulation. (4) The declaration shall state at least: (a) The description of the animal. (b) The name and address of the owner of the animal, if known. (c) The whereabouts of the animal if it is not in the custody of the owner. (d) The facts upon which the declaration of potentially dangerous dog or dangerous dog is based. (e) The availability of a hearing in case the person objects to the declaration, if a request is made within 10 days. (f) The restrictions placed on the animal as a result of the declaration of potentially dangerous dog or dangerous dog. The restrictions shall include confinement of the dog from the time the declaration is served to the dog owner. (g) The penalties for violation of the restrictions, including the possibility of destruction of the animal and imprisonment or fining of the owner. (5) If the owner of the animal wishes to object to the declaration of potentially dangerous dog or dangerous dog: (a) The owner may request a hearing before the director of the animal control agency or the director s designee by submitting a written request and payment of a $25.00 administrative review fee to said director or the director s designee within 10 days of receipt of the declaration, or within 10 days of the publication of the declaration pursuant to subsection (3) of this section. (b) If the director or the director s designee finds that there is insufficient evidence to support the declaration, it shall be rescinded, and the restrictions imposed thereby annulled. (c) If the director or the director s designee finds sufficient evidence to support the declaration, the owner may appeal such decision pursuant to the city of Puyallup hearing examiner code; provided, that the appeal and payment of the

10 appeal fee of $75.00 must be submitted to the animal control agency within 10 working days after the director or the director s designee finds sufficient evidence to support the declaration. (d) During the entire appeal process, it shall be unlawful for the owner appealing the declaration of potentially dangerous dog or dangerous dog to allow or permit such dog to: (i) Be unconfined on the premises of the owner; or (ii) Go beyond the premises of the owner, unless such dog is securely leashed and humanely muzzled or otherwise securely restrained under the control of a person 18 years of age or older, physically able to restrain and control the dog. (6) In the case wherein a dog is found to be a dangerous dog pursuant to the procedures of this section because the dog killed a human being without provocation, after exhaustion of appeal therefrom, the dangerous dog shall be forfeited to the animal control authority and be humanely euthanized. (7) During the entire appeal process, should the owner fail to follow the applicable restrictions and/or requirements outlined in this chapter, the animal control authority is authorized to seize and impound such dog for the remainder of the appeal process. The owner shall be responsible for all costs associated with the boarding of such dog. (Ord , 2008; Ord , 1995). Section 9. A new section, , is hereby added to Chapter 8.18 of the Puyallup Municipal Code to read as follows: Possession of a dangerous or potentially dangerous dog where prohibited. It is unlawful to bring a dog into Puyallup that has lawfully been declared to be dangerous or potentially dangerous by another government agency, animal control authority, hearing examiner, municipality or court without providing 48 hours notice of the intent to bring the dog into Puyallup to the animal control authority. Prior to bringing the dog into Puyallup, all conditions and provisions for licensing such a dangerous or potentially dangerous dog in Puyallup must be met by the owner and the owner must also comply with any and all lawful conditions and restrictions imposed by any other agency, animal control authority, hearing examiner, municipality or court which had originally declared the dog as potentially dangerous or dangerous.

11 Should the owner of a potentially dangerous or dangerous dog fail to obtain a permit for such dog and comply with all other lawful restrictions pertaining to the potentially dangerous or dangerous dog, the animal control authority is authorized to seize and impound such dog and, after notification to the owner, hold the dog for a period of no more than five days before destruction of such dog by the animal control authority. If the owner can meet the licensing requirements within five days, they may redeem their dog after paying all associated impound, boarding, and licensing fees. Section 10. required by law. Publication. A summary of this ordinance shall be published as Section 11. Severability - Construction. (1) If a section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is declared unconstitutional or invalid for any reason by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. (2) If the provisions of this ordinance are found to be inconsistent with the other provisions of the Puyallup Municipal Code, this Ordinance is deemed to control. Section 12. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after final passage, as provided by law. Passed and approved by City Council of the City of Puyallup at regularly scheduled open public meeting on the day of, Richard D. Hansen Mayor Approved as to form: Attest: Steve Kirkelie Deputy City Attorney Brenda Arline City Clerk Published: Effective: