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2023 ORDINANCE Page 9 of 19 <br /> <br />fine of not more than two hundred fifty dollars per animal per day. <br /> <br />E. Offenses Relating to Misrepresenting an Animal as a Service Animal. It shall be unlawful for any <br />person to: <br /> 1. It shall be an infraction punishable by a fine of not more than two hundred fifty dollars for any <br />person to misrepresent an animal as a service animal. A violation of this section occurs when a person: <br />a. Expressly or impliedly represents that an animal is a service animal as defined in EMC <br />6.04.020 for the purpose of securing the rights or privileges afforded disabled persons accompanied by <br />service animals set forth in this code, state or federal law; and <br />b. Knew or should have known that the animal in question did not meet the definition of a <br />service animal. <br /> 2. <br />a. An animal control officer or police officer may investigate and enforce this section by making <br />an inquiry of the person accompanied by the animal in question and issuing an infraction. Refusal to <br />answer the questions allowable under subsection (E)(2)(b) of this section shall create a presumption that <br />the animal is not a service animal, and the officer may issue an infraction and require the person to <br />remove the animal from the place of public accommodation. <br />b. An animal control officer or police officer or place of public accommodation shall not ask <br />about the nature or extent of a person’s disability, but may make two inquiries to determine whether an <br />animal qualifies as a service animal. An officer or place of public accommodation may ask if the animal is <br />required because of a disability and what work or task the animal has been trained to perform. An <br />officer or place of public accommodation shall not require documentation, such as proof that the animal <br />has been certified, trained, or licensed as a service animal, or require that the service animal <br />demonstrate its task. Generally, an officer or place of public accommodation may not make these <br />inquiries about a service animal when it is readily apparent that an animal is trained to do work or <br />perform tasks for a person with a disability, such as a dog is observed guiding a person who is blind or <br />has low vision, pulling a person’s wheelchair, or providing assistance with stability or balance to a person <br />with an observable mobility disability. <br /> <br />F. Unless otherwise provided, violation of any provision of subsection (C) of this section shall constitute <br />a gross misdemeanor, punishable by up to three hundred sixty-four days of jail and a five thousand <br />dollar fine. <br /> <br />The sentence imposed for a misdemeanor or gross misdemeanor violation of subsection (C) of this <br />section shall be in accordance with RCW 16.52.200, which is incorporated herein by reference as <br />currently enacted or later amended, except as follows: The civil penalties under RCW 16.52.200(7) and <br />(8) for convictions under subsection (C) of this section shall be payable to the Everett animal control’s <br />EMC 3.04.130 cumulative reserve fund for animal control. <br /> <br />6.04.090 Shelter operation—Impoundment procedures—Release and disposal.