For the purpose of this title, the following words shall have the following meanings unless the context indicates otherwise:
“Abandonment”
means the owner has left the animal for a period of thirty-six hours without making effective provisions for its proper care.
“Accelerant detection dog”
means a dog used exclusively for accelerant detection by the State Fire Marshal or a fire department and under the control of the State Fire Marshal or his or her designee or a fire department handler as defined in RCW 4.24.410, as now enacted or hereinafter amended, which is hereby adopted by reference as if fully set forth herein.
“Adequate food and water”
means food or feed appropriate to the species for which it is intended. Both food and water must be in sufficient quantity and quality to sustain the animal, and should be in containers designed and situated to allow the animal easy access.
“Adequate shelter”
means a moisture-proof and wind-proof structure that allows the animal to turn around freely, sit easily, stand and lie normally, and that keeps the animal clean, dry and comfortable, and by application does not cause the animal injury, disfigurement, or physical impairment.
“Adult”
means any animal over the age of six months.
“Altered”
means any spayed female or castrated male dog or cat.
“Animal”
means any living nonhuman mammal, bird, reptile, or amphibian.
“Animal control authority”
means the Kitsap Humane Society as appointed by the mayor, or the person appointed by the city council to carry out the duties of an animal control authority or animal control officer under this title, and includes those appointed by the chief of police to enforce the animal control provisions of the city.
“Animal control director”
means the director of the animal control authority.
“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 title 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.
“Animal shelter”
means the Kitsap Humane Society, or a licensed facility used to care for homeless or unwanted animals by a governmental entity, animal welfare society or other organization devoted to the welfare, protection and humane treatment of animals.
“Animal welfare facility”
means any indoor or outdoor facility where pets are routinely housed or maintained by or for an animal welfare organization.
“Animal welfare organization”
means any public or private organization registered with the Washington Secretary of State’s Office as a not-for-profit organization, whether called a kennel, cattery, shelter, society, or rescue, and includes the organization’s officers, agents, and representatives when acting in the name or on behalf of the organization that controls, rescues, shelters, cares for, or disposes of pets as all or part of the purpose of the organization.
“At large”
means off the owner’s premises and/or out of physical contact of the owner and not under physical restraint adequate for its size and nature either by leash, cord, or chain or otherwise, and unless under the physical control of a competent person controlled by a leash no longer than eight feet in length. An animal within a vehicle of its owner shall be deemed to be upon the owner’s premises.
“Cat”
means and includes female, spayed female, male and neutered male cats.
“Commercial pet facility or kennel”
means any place or entity where pets are boarded or bred for the primary purpose of compensation, or where pets are housed for resale, such as pet shops, but not including a veterinary hospital where boarding is incidental to treatment.
“Competent person”
means a person who is able to sufficiently care for, control, and restrain an animal and who has the capacity to exercise sound judgment regarding the rights and safety of others.
“Dog”
means and includes both male and female, natural or sterilized.
“Dog guide”
means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing-impaired persons as defined in RCW 70.84.020, as now enacted or hereinafter amended, which is hereby adopted by reference as if fully set forth herein.
“Euthanasia”
means the humane killing of an animal.
“Feral cat”
means any cat that has no apparent owner or identification and is apparently wild, untamed, unsocialized, unmanageable, and unable to be approached or handled.
“Foster home”
means a temporary home with a permit approved by the animal control authority to house lost, abandoned or unwanted dogs and cats until an adoptive home is located.
“Harboring, keeping, possessing, or maintaining”
means the occupant of any premises on which an animal remains or to which it customarily returns daily for food or nourishment, care, shelter, protection, refuge for a period of five days; or treating the animal as living at one’s property is presumed to be harboring, keeping, possessing, or maintaining the animal within the meaning of this title.
“Health officer”
means the director of the Kitsap County health department and/or his authorized representatives.
“Hearing examiner”
means a person(s) employed by the board of county commissioners to officiate over potentially dangerous and dangerous animal appeals.
“Household pets”
means small domesticated animals or fish kept for pleasure rather than utility. Pets include animals such as dogs, cats, hamsters, reptiles, insects, non-venomous snakes, fish and birds.
“Humane care”
means care of an animal that includes providing necessary food, water, shelter, rest, sanitation, ventilation, space, and medical attention in a way that the health and safety of the animal is not imperiled.
“Humane trap”
means a live animal box enclosure trap designed to capture and hold an animal without injury.
“Hybrid(s)”
means the offspring of two animals of different species, such as the offspring resulting from breeding a domesticated dog (canis familaris) with a wolf (canis lupus).
“Impound” or “impoundment”
means when an animal is placed under the control or custody of the animal control authority.
“Inhumane treatment”
means every act, omission or neglect whereby unnecessary or unjustified physical pain or suffering is caused or permitted.
“Juvenile”
means any animal seven weeks to six months of age.
“Leash”
means a cord, thong, or chain by which a dog is controlled by the person accompanying it.
“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.
“Livestock”
means all cattle, sheep, goats, or animals of the bovidae family; all horses, mules, llamas, alpacas, other hoofed animals, or animals of the equidae family; all pigs, swine, or animals of the suidae family; and ostriches, rhea, and emu.
“Neglect”
means the failure to provide proper food, potable water, adequate shelter, opportunity for exercise, or other care normal, usual, and proper for an animal’s health and well-being.
“Officer”
means any animal control officer, health officer, police officer, or other commissioned person designated by the city of Poulsbo to issue citations, pick up, restrain, impound, quarantine, place, or dispose of animals or give notice for any other acts, duties, or functions prescribed by this chapter or other chapters relating to pet animals.
“Owner”
means any person owning, keeping, having an interest in, or having control, custody or possession of an animal. Any person who harbors, keeps, possesses, or maintains a pet animal, or who encourages a pet animal to remain about their property for a period of fourteen consecutive days or more, or the person named on the license/registration record of any animal as the owner. The parent or guardian of an owner under eighteen years of age shall be deemed the owner for the purposes of this chapter.
“Person”
means any person, partnership, corporation, trust or association of persons.
“Pet animal”
means any species of wild or domestic animal sold or retained for the purpose of being kept for pleasure, companionship, or utilitarian purposes and not kept as a food source.
“Police dog”
means a dog used by a law enforcement agency specially trained for law enforcement work and under the control of a dog handler as defined in RCW 4.24.410, as now enacted or hereinafter amended, which is hereby adopted by reference as if fully set forth herein.
“Police horse”
means any horse used or kept for use by a law enforcement officer in discharging any legal duty or power of his or her office as defined in RCW 9A.76.200, as now enacted or hereinafter amended, which is hereby adopted by reference as if fully set forth herein.
“Poultry”
means domestic fowl normally raised for eggs or meat, and includes chickens, turkeys, ducks, and geese.
“Provocation”
means teasing, taunting, striking or other like action, or the unauthorized entry onto the premises where an animal is kept.
“RCW”
means the Revised Code of Washington.
“Restrained”
means secured by a leash or lead and under physical control of a person with the strength and judgment to handle the animal, or tethered to a stationary object which keeps the animal confined to the pet owner’s property or premises.
“Search and rescue dog”
means a dog that is trained for the purpose of search and rescue of persons lost or missing as defined in RCW 9.91.175, as now enacted or hereinafter amended, which is hereby adopted by reference as if fully set forth herein.
“Secure enclosure”
means a chain link enclosure consisting of secure sides and a secure top, or if without a top, having sides which are at least eight feet high, and with a floor permanently attached to the sides, or having sides which are embedded at least one foot into the ground, and which is constructed of such material and closed in such a manner that the animal cannot exit on its own.
“Service dog”
means any guide or signal dog individually trained to provide assistance to an individual with a sensory, mental or physical disability or that serves public or tribal enforcement, as well as any dog enrolled in a recognized formal training program for those types of services as defined in RCW 70.84.021, as now enacted or hereinafter amended, which is hereby adopted by reference as if fully set forth herein.
“Small domestic animal” (mammals and fowl)
includes small mammals and fowl such as rabbits, ducks, quail, geese, swans, chickens, pigeons and other similar animals.
“Unconfined”
means not securely confined indoors or in a securely enclosed and locked pen or structure upon the premises of the person owning, harboring, or having the care of the animal.
“Wheeled vehicle”
means any wheeled conveyance intended for use as a means of transport of persons or goods.
The present tense shall include the past and future tense, and the future tense shall include the present tense. Each gender shall include all genders. The singular number shall include the plural, and the plural the singular.
(Ord. 2007-44 § 2, 2007)
A. 
The sections of adopted RCWs as set forth as in this title, as now enacted or hereinafter amended, are hereby adopted by reference as if fully set forth herein, including penalties; except that conduct constituting a felony, as determined by the prosecutor, is excluded. In opting to adopt state statutes by reference in this title, only those crimes and offenses within the jurisdiction of the city are intended to be adopted and in those sections adopted which deal with both misdemeanors and felonies, only the language applicable to misdemeanors is to be applied.
B. 
If any section, subsection, sentence, or provision of this chapter, or its application to any person or circumstance, is held invalid, the remainder of this chapter, or the application of the section, subsection, sentence, or provision to other persons or circumstances is not affected, and to this end, the sections, subsections, sentences, and provisions of this chapter are declared to be severable.
C. 
By adopting state statutes, the city intends to assume jurisdiction over and become the jurisdictional authority for the enforcement and prosecution of misdemeanor and gross misdemeanor crimes. Whenever the word “state” shall appear in any statute adopted by reference in this chapter, the word “city” shall be substituted therefor; provided, however, the term “city” shall not be substituted for the term “state” in those circumstances that set forth administrative or licensing duties of the state and its subdivisions.
D. 
Whenever a state statute specifically adopted in this chapter refers to another state statute not specifically adopted in this chapter, the statute referred to shall be given the force and effect necessary to enforce the statute specifically adopted in this chapter.
E. 
Any section of this chapter that is repealed or amended by ordinance shall remain in full force and effect until the effective date of the ordinance repealing or amending the section. Any state statute that is adopted by reference which is later amended, repealed, or recodified shall remain in full force and effect until the effective date of the legislative act that repeals, recodifies, or amends the state statute. The amendment or recodification of any state statute adopted in this chapter shall be given its full force and effect upon the effective date of its amendment or recodification.
F. 
Except as otherwise specifically provided herein, any person violating this title shall be guilty of a misdemeanor.
G. 
Each separate day during which any violation occurs or continues shall be deemed to constitute a separate violation thereof and a separate offense thereunder.
(Ord. 2007-44 § 3, 2007)
A. 
For the purpose of this title, RCW 9A.04.040, Classes of crimes, and RCW 9A.20.010, Classification and designation of crimes, as now enacted or hereinafter amended, are hereby adopted by reference as if fully set forth herein.
B. 
For the purpose of this title, RCW 9A.20.020, Authorized sentences for crimes committed before July 1, 1984, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein.
C. 
For the purpose of this title, RCW 9A.20.021, Maximum sentences for crimes committed July 1, 1984, and after, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein.
1. 
Gross misdemeanor: maximum penalty is three hundred sixty-five days in jail and/or a fine of five thousand dollars, or by both such imprisonment and fine.
2. 
Misdemeanor: maximum penalty is ninety days in jail and/or a fine of one thousand dollars, or by both such imprisonment and fine.
D. 
For the purpose of this title, RCW 9A.20.030, Alternative to a fine—Restitution, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein.
E. 
For the purpose of this title, “infraction” means a civil infraction pursuant to Infraction Rules for Courts of Limited Jurisdiction (“IRLJ”) and any local rule adopted thereto by the Poulsbo municipal court.
F. 
For the purpose of this title, RCW 7.80.120, Monetary penalties—Restitution, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein.
1. 
Class 1, 2 and 3 civil infraction maximum penalties as set in Chapter 7.80 RCW.
(Ord. 2007-44 § 4, 2007)
A. 
The animal control authority shall be appointed by the city council by contract. The animal control authority for the city of Poulsbo is the Kitsap Humane Society, the Poulsbo police department, or its designee, acting alone or in concert with other local governmental units for the enforcement of the animal control laws of Kitsap County and the city of Poulsbo.
B. 
The city grants the animal control authority the authority within Chapters 16.08 and 16.10 RCW, as now enacted or hereinafter amended, which are hereby adopted by reference as if fully set forth herein, and further vests in the animal control authority the primary responsibility for animal control and securing compliance with this title.
(Ord. 2007-44 § 5, 2007)
Wherever a power is granted to or a duty imposed upon the Poulsbo police department, the power may be exercised or the duty performed by any law enforcement officer authorized by the police chief or by any animal control officer.
(Ord. 2007-44 § 6, 2007)
The animal control director, his/her designees, and other officers as are hereby authorized and delegated the responsibility for enforcement of laws set forth in this code and in this title and Chapter 16.52 RCW, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein, including the issuance of misdemeanor citations and notices of infractions.
(Ord. 2007-44 § 7, 2007)
It shall be unlawful for any person to interfere with, hinder, delay or impede any officer who is enforcing the provisions of this title as herein provided. A violation of this section is a misdemeanor.
(Ord. 2007-44 § 8, 2007)
It is unlawful for any person to willfully prevent or hinder the impounding of any animal, or to by force or otherwise remove any animal from the animal shelter without authority of the person in charge of the animal shelter, or without payment of all lawful charges against such animal, or to willfully resist or obstruct any animal control officer in the performance of any official duty. Violation of this section is a gross misdemeanor.
(Ord. 2007-44 § 9, 2007)
Those employees or agents of the city charged with the duty of seizing animals running at large may pursue such animals onto city-owned property, vacant property, and unenclosed private property, and seize, remove, and impound the same.
(Ord. 2007-44 § 10, 2007)
Any animal suffering from serious injury or disease may be humanely destroyed by the animal control agency; provided, the animal control agency shall immediately notify the owner if the owner is known, and if the owner is unknown, make a reasonable effort to locate and notify the owner.
(Ord. 2007-44 § 12, 2007)
A person who strikes a domestic animal, domestic livestock, or deer while operating a motor vehicle shall stop at once, render reasonable assistance and immediately report the injury or death to the animal’s owner. If the animal’s owner cannot be ascertained and located, the person shall at once report the accident to the animal control authority or the Poulsbo police department. This section shall not be construed to require the person striking the animal with a motor vehicle to be financially responsible for any injury or death of the animal.
(Ord. 2007-44 § 13, 2007)
It is unlawful for a person to:
A. 
Willfully and inhumanely injure or kill any animal by any means;
B. 
Negligently or intentionally cause or fail to alleviate any pain, suffering or injury of any animal;
C. 
Willfully and maliciously lay out, leave or expose any poison intended for humans, animals or fowl, on any premises, or aid and abet any person in so doing. The provisions of this section shall not apply to euthanizing by poison an animal in a lawful and humane manner by the animal’s owner, or by a duly authorized servant or agent of the owner, or by a person acting pursuant to instructions from a duly constituted public authority; or to the reasonable use of rodent or pest poison, insecticides, fungicides, or slug bait for their intended purposes as set forth in RCW 16.52.190, as now enacted or hereinafter amended, which is hereby adopted by reference as if fully set forth herein;
D. 
Abandon any domestic animal by leaving the animal on the street, road or highway, or in any other public place, or on the private property of another;
E. 
Confine an animal within a motor vehicle under conditions that may endanger the health or well-being of the animal, including but not limited to extreme temperatures, or lack of food, water or attention. Any animal control or police officer is authorized to remove an animal from a motor vehicle, at any location, when the officer reasonably believes the animal is confined in violation of this subsection. An animal so removed shall be delivered to the animal control shelter of the animal control authority. The removing officer shall leave written notice of the removal and delivery, including the officer’s name, in a conspicuous, secure location on or within the vehicle;
F. 
Violations of this section shall be a misdemeanor. For each violation of this section of a continuing nature, each of the violations may be considered a separate offense.
(Ord. 2007-44 § 14, 2007)
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 9.08 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW 9.08.030
False certificate of registration of animal
RCW 9.08.065
Definitions
RCW 9.08.070
Pet animal—Taking, concealing, injuring, killing, etc.—Penalty
RCW 9.08.072
Transferring stolen pet animal to a research institution—Penalty
RCW 9.08.074
Transferring stolen pet animal to a person who has previously sold a stolen pet animal to a research institution—Penalty
RCW 9.08.076
Transferring stolen pet animal to a research institution by a U.S.D.A licensed dealer—Penalty
RCW 9.08.078
Illegal sale, receipt, or transfer of pet animals—Separate offenses
(Ord. 2007-44 § 15, 2007)
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 16.52 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW 16.52.011
Definitions
RCW 16.52.015
Enforcement—Law enforcement and animal control agencies
RCW 16.52.020
Humane societies—Enforcement authority
RCW 16.52.025
Humane societies—Animal control officers
RCW 16.52.080
Transporting or confining in unsafe manner—Penalty
RCW 16.52.085
Removal of animal for feeding—Examination—Notice—Euthanasia
RCW 16.52.090
Docking horses—Misdemeanor
RCW 16.52.095
Cutting ears—Misdemeanor
RCW 16.52.100
Confinement without food and water—Intervention by others
RCW 16.52.110
Old or diseased animals at large
RCW 16.52.117
Animal fighting—Prohibited behavior
RCW 16.52.165
Punishment—Conviction of misdemeanor
RCW 16.52.180
Limitations on application of chapter
RCW 16.52.185
Exclusions from chapter
RCW 16.52.190
Poisoning animals—Penalty
RCW 16.52.193
Poisoning animal—Strychnine sales—Records—Report on suspected purchases
RCW 16.52.200
Sentences—Forfeiture of animals—Liability for costs—Civil penalty
RCW 16.52.207
Animal cruelty in the second degree
RCW 16.52.210
Destruction of animal by law enforcement officer—Immunity from liability
RCW 16.52.220
Transfers of mammals for research—Certification requirements—Pet animals
RCW 16.52.225
Nonambulatory livestock—Transporting or accepting delivery—Gross misdemeanor—Definition
RCW 16.52.230
Remedies not impaired
RCW 16.52.300
Dogs or cats used as bait—Seizure—Limitation
RCW 16.52.305
Unlawful use of hook—Gross misdemeanor
RCW 16.52.310
Dog breeding—Limit on the number of dogs—Required conditions—Penalty—Limitation of section—Definitions
(Ord. 2007-44 § 19, 2007; Ord. 2014-06 § 1, 2014)
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 16.57 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW 16.57.050
Use of unrecorded brand prohibited—Exception
RCW 16.57.243
Moving or transporting cattle—Certificate or proof of ownership must accompany—Exceptions
RCW 16.57.260
Removal of cattle or horses from state—Inspection certificate required
RCW 16.57.267
Failure to present animal for inspection
RCW 16.57.270
Unlawful to refuse assistance in establishing identity and ownership of livestock
RCW 16.57.275
Transporting cattle carcass or primal part—Certificate of permit required
RCW 16.57.277
Custom slaughter beef tags—Fee—Rules
RCW 16.57.350
Rules—Enforcement of chapter
RCW 16.57.410
Horses—Registering agencies—Permit required—Fee—Records—Identification symbol inspections—Rules
(Ord. 2007-44 § 20, 2007)
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 16.70 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW 16.70.010
Purpose
RCW 16.70.020
Definitions
RCW 16.70.030
Emergency action authorized—Scope—Animals as nuisance
RCW 16.70.040
Rules—Scope
RCW 16.70.050
Violations—Penalty
RCW 16.70.060
Concurrent powers—Cooperation between officials
(Ord. 2007-44 § 21, 2007)
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapters 77.15 and 77.32 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW 77.15.160
Infractions
RCW 77.15.370
Unlawful recreational fishing in the first degree
RCW 77.15.380
Unlawful recreational fishing in the second degree
RCW 77.15.390
Seaweed—Unlawful taking—Penalty
RCW 77.15.400
Unlawful hunting of wild birds—Penalty
RCW 77.15.430
Unlawful hunting of wild animals—Penalty
RCW 77.15.480
Certain devices declared public nuisances
RCW 77.15.600
Engaging in commercial wildlife activity without a license—Penalty
RCW 77.15.610
Unlawful use of a commercial wildlife license—Penalty
RCW 77.15.620
Engaging in fish dealing activity—Unlicensed—Penalty
RCW 77.15.630
Fish buying and dealing licenses—Unlawful use—Penalty
RCW 77.15.640
Wholesale fish buying and dealing—Rules—Violations—Penalty
RCW 77.15.740
Protection of southern resident orca whales—Penalty
RCW 77.32.010
Recreational license required—Activities—Permit for parking
(Ord. 2007-44 § 23, 2007; Ord. 2008-17 § 4, 2008; Ord. 2014-06 § 2, 2014)
No person shall willfully or maliciously torment, beat, kick, or strike any dog or horse owned or being used by the police or fire department in the performance of its official duties. No person shall willfully hinder, delay, obstruct, or restrain by holding a collar or harness, or in any way interfere with the duties of any dog or horse used by a law or fire enforcement officer in discharging or attempting to discharge his official duties. Any person violating the provisions of this section shall be guilty of a misdemeanor.
(Ord. 2007-44 § 24, 2007)
A. 
Unless specifically designated in this title as a gross misdemeanor or misdemeanor or is specified to be enforced pursuant to other law, including, but not limited to, other chapters or titles of this code, any violation of this chapter is a civil infraction and the penalty amount is two hundred fifty dollars, not including statutory assessments.
B. 
Such penalty is in addition to any other remedies or penalties specifically provided by law. For each act herein prohibited of a continuing nature, each day shall be considered a separate offense.
C. 
Any person who fails to respond or appear on any violation of any provision of the Poulsbo Municipal Code set forth in this title shall be assessed a failure to respond or appear fee in the amount set forth in RCW 46.63.110(4), as the same now exists or as may be hereafter amended, which statute is incorporated herein by this reference as if fully set forth.
D. 
If a time pay agreement is requested, a fee of not to exceed ten dollars per charge or twenty-five dollars per payment plan may be imposed.
(Ord. 2007-44 § 25, 2007)