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As used in this chapter, the terms defined in this section shall have the defined meanings unless the context requires otherwise; words in the present tense include the future; the singular includes the plural; plural usage includes the singular; “shall” means mandatory, not directory; and the masculine gender includes the feminine.

(1) “Adult dog or cat” means any dog or cat over the age of six months.

(2) “Animal” shall have its customary common meaning and shall include any member of the classes: reptile, amphibian, bird or mammal, except human. The term shall not include wild animals which, because of size, temperament, habits or any combination of the same, are not compatible with the city’s character. The keeping of such wild animals is prohibited.

(3) “Animal at large” means any animal off the property of its owner, unless restrained by leash, tether or other physical control device not to exceed eight feet in length and under the physical control of a responsible person, whether or not the owner of such animal, or which enters upon the property of another person without authorization of that person.

(4) “City” means city of Stanwood.

(5) “Biting dogs” means any dog known to have bitten or scratched any person or persons or other animal or animals.

(6) “Chasing and intimidating dogs” means any dog which is known or in the exercise of reasonable care should be known to chase, run after or jump at vehicles or bikes using public streets, alleys and sidewalks, or which habitually snaps, growls, jumps at or upon or otherwise threatens persons lawfully using public streets, alleys or sidewalks.

(7) Dangerous Dog Defined and Severe Injury Incorporated by Reference – Affirmative Defense. RCW 16.08.070(2) and (3) are adopted and incorporated by reference.

(a) RCW 16.08.070(2):

“Dangerous dog” means any dog that (a) inflicts severe injury on a human being without provocation on public or private property, (b) kills a domestic animal without provocation while the dog is off the owner’s property, or (c) has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans.

(b) RCW 16.08.070(3):

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

(c) Affirmative Defense. 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 (RCW 16.08.090).

(8) “Euthanasia” means the putting to death of an animal in a humane manner.

(9) “Exotic, wild or dangerous animal” means any member of the animal kingdom which is not commonly domesticated or which is not common to North America, or which, irrespective of geographic origin, is of a wild or predatory nature, or any domesticated animal which, because of its size, vicious nature or other similar characteristics would constitute a danger to human life or property if not kept, maintained or confined in a safe and secure manner. Including those animals referenced in and incorporated by reference in Chapter 16.30 RCW and Chapter 232-12 WAC.

(10) “Livestock” means domestic or farm animals including but not limited to horses, cattle, sheep, donkeys, emus, ostriches, buffaloes, llamas, goats, and swine.

(11) “Owner” means any person or legal entity having a possessory property right in an animal or who harbors, cares for, exercises control over, or knowingly permits any animal to remain on premises occupied by them.

(12) “Neutered” or “spayed” means medically determined to be incapable of reproduction or when the physical condition of an animal is certified by a licensed veterinarian to be such as would prohibit performance of such medical procedure to render it unreproductive.

(13) “Noisy dogs and cats” means any dog or cat that is allowed to unreasonably disturb persons by habitually barking, howling, yelping, whining, or making other oral noises.

(14) “Potentially dangerous dog” means any dog that when unprovoked: (a) inflicts a bite or bites on a human or a domestic animal either on public or 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.

(15) “Poultry” means chickens, turkeys, geese, ducks, pigeons, peahens, or other domestic fowl.

(16) “Right to farm,” as it relates to existing and ongoing agricultural acts, is those activities involved in the production of crops and livestock (Chapter 8.04 SMC, Right to Farm, and Chapter 17.102 SMC).

(17) “Stray animals” means any animal declared to be found running at large, is not licensed, has no identification tag, and has no apparent home where it is cared for on a regular basis.

(18) “Trespassing dogs and cats” means to trespass on private or public property without the permission or consent of the property owner.

(19) “Animal control officer” means any individual employed, contracted with or appointed by the city of Stanwood for the purpose of aiding in the enforcement of this chapter or any other law or ordinance in the city of Stanwood 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 the seizure and impoundment of any animal. This term shall have the same meaning as in RCW 16.08.070.

(20) “Abatement” means the termination of any violation of this title by lawful and reasonable means as determined by the authorized city of Stanwood animal control officer in order that a person or persons presumed to be the owner of an animal comply with this title.

(21) “Abandon” means the act of leaving an animal without food, water or necessary medical care for 24 hours or more; or any situation where the conditions present an immediate, direct and serious threat to the life, safety or health of the animal.

(22) “Allow” means to permit by neglecting or failing to restrain or prevent.

(23) “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 persons other than the owner and designed to prevent the animal from escaping. Such pen or structure shall have a locking door with a padlock or secure lock, secure sides, a concrete floor, and a secure top, and shall also provide protection from the elements for the dog and comply with all applicable provisions of the city of Stanwood building and zoning code.

(24) “Hearing officer/examiner” means the individual that will hear appeals of the orders issued by the animal control authority during the performance of enforcing the city of Stanwood animal control code.

(25) Dangerous/Potentially Dangerous Dog Signs. The premises where the dangerous dog or potentially dangerous dog is located must be posted with a clearly visible warning sign/symbol that informs children as well as adults of the presence of a dangerous dog or potentially dangerous dog. (Ord. 1389 § 2, 2015; Ord. 1340 § 2, 2013; Ord. 1298 § 1, 2011; Ord. 1033, 1998).