Ordinance 3705-19 - Laserfiche WebLink

units for enforcement of the animal control laws of the city, county, and state and the shelter and welfare of animals. H. "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 involve the seizure and impoundment of any animal. I. "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. J. "Dog handler" means a law enforcement officer who has successfully completed training as prescribed by the Washington State Criminal Justice Training Commission in police dog handling. K. "Domestic animal" means either: 1.A pet, which is defined as animals required to be licensed under the terms of EMC 6.04.030; or 2. Livestock, as defined in EMC 6.04.020. L. "Premises" means the real property, including a dwelling unit, motor vehicle,or enclosed space that an animal's owner has a legal or equitable right to occupy. It does not extend into areas of common ownership or use, such as but not limited to an easement,apartment lobby, or public transportation. M. "Secure fence" means a board or wire fence that: (1) will contain the type of dog to be restrained; (2) is securely fastened to posts firmly set in the ground; and (3) is properly maintained to keep the dog confined. N. "Unprovoked" means that a do does not have " " " " " " � provocation oris not provoked. Provocation means any action or activity, whether intentional or unintentional,which would be reasonably expected to cause a normal dog in similar circumstances to react in a manner similar to that shown by the evidence. IA dog is"provoked" if the dog was being tormented, physically abused or hurt at the time of the incident.A dog also is "provoked" if a reasonable person would conclude that the dog was defending itself, its owner or an immediate family member of its owner, its offspring, or another person or animal within its immediate vicinity from an imminent physical attack, or was defending the premises of its owner or an immediate family member of its owner from willful trespass, other tortious act, or crime; provided, a dog is not provoked under such circumstances if a reasonable person would conclude that the dog's reaction was grossly out of proportion to the act of provocation. Section 2. Section 3 of Ordinance No. 2393-99, as amended by Section 2 of Ordinance No. 2782- 04, codified at EMC 6.08.015, is amended as follows, with strikeouts deleted and underlining added: LI 2019 ORDINANCE: Dangerous and Potentially Dangerous Dogs Page 3 of 15