Within the provisions of this chapter the following definitions shall obtain:
A. "Adult dog or cat"
means any dog or cat over the age of six months.
C. "Animal at large"
means any animal not confined to the premises of its owner, unless restrained by a leash, tether, or other physical control device under the physical control of a person, which enters upon public property or rights-of-way or upon land of another person without authorization of that person.
D. "Animal control authority"
means a person or entity authorized by statute or contract to enforce the animal control laws of the city.
E. "Animal control officer"
means any individual employed by, 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 licensing of animals, control of animals or seizure and impoundment of animals, and includes any state or municipal peace officer, sheriff, constable or other employee whose duties in whole or in part include assignments which involve the seizure and taking into custody of any animal.
F. "Animal exhibition"
means any public display of any living animal in the promotion of entertainment, education, advertisement, or any commercial enterprise.
G. "Dangerous dog"1. 2. 3.
means any dog that:
Inflicts severe injury on or kills a human being without provocation; or
Inflicts severe injury on or kills an animal without provocation while the dog inflicting the injury is off the owner's property; or
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 human or domestic animals. Any dog which inflicts injury to a human or animal while trespassing on property of another is the presumed provoker, unless such presumption is overcome by the preponderance of the evidence.
Dogs that engage in the behavior outlined in this subsection while engaged in lawful police and law enforcement work are excluded from this definition. |
H. "Director"
shall mean the chief of the Bonney Lake police department or other appropriate city official as designated by the mayor.
I. "Domestic animal"
means any dog, cat, rabbit, horse, mule, donkey, bovine animal, lamb, goat, sheep, hog, bird, or other animal made to be domestic.
J. "Exotic, wild or dangerous animal"
means any member of the animal kingdom which is not commonly domesticated or which is of a wild or predatory nature, or any domesticated animal which because of its size, vicious nature, or other characteristic would constitute a danger to human life or property if not kept, maintained or confined in a safe and secure manner.
K. "Grooming parlor"
means any place or establishment, including mobile establishment, public or private, where animals are bathed, clipped or combed, whether or not for compensation, for the purpose of enhancing their aesthetic value.
L. "Kennel"
includes those places where six 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. This includes a hobby kennel, meaning a noncommercial kennel at or adjoining a private residence where six or more adult animals are bred and/or kept for hunting, training and exhibition for organized shows, field, working, and/or obedience trials or for enjoyment of their species. This also includes but is not limited to grooming facilities, pet shops, boarding facilities and non-government shelters.
M. "Leash"
means 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.
N. "Livestock"
means all sheep, goats; cattle, or members of the Bovidae family; all horses, mules, or members of the Equidae family; all pigs, swine, or members of the Suidae family; llamas, Camelid family, and ostriches, rhea, and emu.
O. "Muzzle"
means a basket device specifically designed to be placed over an animal's nose and jaws to prevent it from biting any person or animal, made in a manner that will not cause injury to the animal or interfere with its vision or respiration, and allows the animal to drink.
P. "Nuisance – animal"1. 2. 3.
means:
Animal noise: Habitual barking, howling, whining, crowing, and any other oral sounds from any domestic animal, in such a manner that unreasonably disturbs, annoys the occupants of two or more dwellings within the neighborhood, or interferes with the comfort, repose, health or safety of any person;
Any domesticated animal which habitually snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets, alleys, or other public ways and city-owned properties;
Any animal which has exhibited vicious propensities and which constitutes a danger to the safety of persons.
Q. "Owner"
means any person having possessory rights, control, or custody of an animal, livestock, or poultry, or any person who knowingly permits any animal, livestock, or poultry to remain on premises occupied by him or her.
R. "Pet shop"
means a person or establishment that acquires for the purpose of sale live animals, including birds, reptiles, fowl and fish, bred by others, whether as owner, agent, or on consignment, and sells, or offers to sell, such live animals, including birds, reptiles, fowl and fish, to the public or to retail outlets.
S. "Potentially dangerous dog"1. 2. 3. 4.
means any dog that without provocation:
Inflicts a bite on a human, domestic animal, or livestock either on public or private property; or
Chases or approaches a person upon the streets, sidewalks, or any public grounds or private property in a menacing fashion or apparent attitude of attack; or
Any dog with a known propensity, tendency, or disposition to attack unprovoked or to cause injury or otherwise to threaten the safety of humans, domestic animals, or livestock on any public or private property.
Dogs that engage in the behavior outlined in this subsection while engaged in lawful police and law enforcement work are excluded from this definition.
T. "Poultry"
means domestic fowl normally raised for eggs or meat, and includes chickens, turkeys, ducks, and geese; provided, that "poultry" does not include roosters. Roosters shall not be permitted under this chapter.
U. "Premises"
means the registered owner's current address that has been inspected and approved by metro animal services.
V. "Proper enclosure"
means while on the owner's property, the animal shall be 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 a locking door with a padlock, secure sides, a concrete floor or, 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 and a secure top attached to the sides, and shall also provide protection from the elements for the animal. The structure must comply with all applicable provisions of the local building and zoning codes.
W. "Provocation"
means any threatening or aggressive act that would reasonably incite or stimulate an animal to react in self-defense, including, but not limited to, inciting movements, aggressive tones, offensive touching, and trespassing onto private property. Any dog, while trespassing on the property of another, which inflicts injury to a human or animal is the presumed provoker, unless such presumption is overcome by the preponderance of the evidence.
X. "Severe injury"
means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
Y. "Sexually neutered"
means medically determined to be incapable of reproduction as certified by a licensed veterinarian.
Z. "Tether"
means (1) to restrain an animal by tying or securing the animal to any object or structure; and (2) a device, including, but not limited to, a chain, rope, cable, cord, tie-out, pulley, or trolley system for restraining an animal.
AA. "Warning sign"
means a clearly visible and conspicuously displayed sign containing words and a symbol (to inform children or others incapable of reading) warning that there is a dangerous animal on the property.
(Ord. 1352 § 1, 2010; Ord. 1381 § 1, 2011; Ord. 1384 § 1, 2011; Ord. 1642 § 1, 2020)