2022/10/26 Council Agenda Packet

Animal Control Code (EMC 6.04 and 6.08.025) Summary of Changes Amending an Ordinance relating to Animal Control, EMC 6.04 and 6.08.025. This reflects changes to state law regarding animal cruelty, pet store sales of animals, and the misrepresentation of animals as service animals. It also includes changes to punishments for repeat violations, increases the household limits of spayed/neutered pets, prohibits roosters and peafowl, changes the appeal process for denied facility permits, authorizes the manager to waive license fees, and requires spaying/neutering of dangerous and potentially dangerous dogs. Code Section Summary of Changes 6.04.020 Definitions Update definition of 'animal' to exclude invertebrates. Add definitions associated with service animals to be consistent with state law. Add definition of retail pet store. Update definition of 'hobby kennel or cattery' to increase the household limit of spayed/neutered dogs and/or cats from two to four before a hobby kennel license is required. Remove 'Regional pet license program' definition as it is no longer in effect. (From 2003 ILA) 6.04.030 Registration and licensing of cats and dogs - Requirements Remove reference to regional pet license program and lifetime licenses. 6.04.060 Facilities - Denial and revocation of license - Appeals Remove reference to the denial of facility license when it involves keeping of swine or roosters. Language will be added to another section to prohibit one or more roosters. Change the appeal procedure for denied facilities licenses to be heard by the hearing examiner instead of the animal control advisory board, and update the shelter's address. 6.04.070 Prohibited conduct Add language to prohibit roosters and peafowl in the City. Delete reference to dog fighting, as this is a class C felony under state law and would be prosecuted under the RCW. Add language to permit the reasonable use of rodent poisons, insecticides, fungicides, or slug bait for their intended purposes. Add language to make it an infraction to misrepresent a service animal, consistent with updates to state law. Prohibit the sale of dogs, cats and rabbits by pet stores. State law recently enacted a similar law. EMC update would also prohibit sales of rabbits and does not grandfather the sales of dogs by existing pet stores. We are not aware of any pet stores in Everett that currently sell dogs, cats, or rabbits. Increase criminal penalties from misdemeanor to gross misdemeanor for certain animal cruelty violations and update penalties and language to be consistent with state law changes, including making it unlawful for non -veterinarians to crop ears, dock tails or debark dogs. Civil penalties imposed by state law for Page I 1