6.04.020 Definitions.
As used in this chapter, the terms defined in this section shall have the defined meanings unless the context requires otherwise:
“Adult dog or cat” means any dog or cat over the age of six months.
“Animal” means any nonhuman mammal, bird, reptile or amphibian.
Animal at Large. Any animal off the property of its owner, unless restrained by leash, tether or other physical control device not to exceed eight feet in length and under the physical control of a responsible person, whether or not the owner of such animal, or which enters upon the property of another person without authorization of that person, shall be deemed “at large.”
“Animal control” means the animal services division of the city of Everett, which includes the Everett animal shelter.
“Animal exhibition” means public display of any living animal in the promotion of entertainment, education, advertisement or any commercial enterprise.
Animal Kennel or Cattery. .The three types of kennel or cattery are defined as follows:
1. “Hobby kennel or cattery” means any facility or residence where more than four, but less than eight, spayed or neutered dogs or spayed or neutered cats, or combinations thereof of cats and/or dogs, are kept, or harbored, for the enjoyment of the species only. In addition to the hobby kennel fee (see EMC 6.04.100), each dog and cat must be licensed individually at regular fees.
2. “Private kennel or cattery” means any facility or residence where more than two dogs or two cats of licensable age, or a combination of each in excess of two dogs and two cats and which cannot total more than eight animals (dogs and cats) are kept or harbored, which facility provides care, training of whatever nature, or breeding services, and does not have a business license related to the animal services. In addition to the private kennel fee, each dog and cat must be licensed individually at the regular fees set forth herein.
3. “Commercial kennel or cattery” means any owner or broker who keeps, leases, buys, barters, or sells animals for gain; provides facilities for breeding, boarding, transporting, exhibiting, grooming, including bathing or their cosmetic care; or provides guard services. In addition to the commercial kennel or cattery license, each personal pet must be licensed individually at the regular fees set forth herein.
“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.
“Euthanasia” means the putting to death of an animal in a humane manner.
“Exotic, wild or dangerous animal” means any member of the animal kingdom which is not commonly domesticated or which is not common to North America, or which, irrespective of geographic origin, is of a wild or predatory nature, or any domesticated animal which, because of its size, vicious nature or other similar characteristics, would constitute a danger to human life or property if not kept, maintained or confined in a safe and secure manner. Incorporated by reference here are the State Game Department regulations, principally the following: WAC 232-12-15, 232-12-030, 232-12-040, 232-12-050 and 232-12-060.
“Harboring” means allowing any animal to remain, be lodged, fed, or sheltered on the property one owns, occupies or controls for more than twenty-four hours.
“Kitten” means any cat under the age of six months.
“Livestock” includes horses, mules, jackasses, cattle, sheep, llamas, goats, swine, and all ratites, which includes, but is not limited to, emus and ostriches. Except, livestock shall not mean miniature pot-bellied pigs as defined in this section.
“Manager” means the manager of the animal services division or designee.
“Miniature pot-bellied pig” means a type of swine commonly known as the North American Vietnamese, Chinese, or Asian pot-bellied pig (Sus scrofa vittatus) that is no more than twenty-two inches in height at the shoulder and no more than one hundred fifty pounds in weight.
“Minimum care” means care sufficient to preserve the physical and mental health and well-being of an animal and includes, but is not limited to, the following requirements:
1. Food of sufficient nutrition, quantity, and quality to allow for normal growth or maintenance of healthy body weight;
2. Open or adequate access to potable water of a drinkable temperature in sufficient quantity to satisfy the animal’s needs;
3. Shelter sufficient to protect the animal from wind, rain, snow, sun, or other environmental or weather conditions based on the animal’s species, age, or physical condition;
4. Veterinary or other care as may be deemed necessary by a reasonably prudent person to prevent or relieve in a timely manner distress from injury, neglect, or physical infirmity; and
5. Continuous access to an area:
a. With adequate space for exercise necessary for the physical and mental health and well-being of the animal. Inadequate space may be indicated by evidence of debility, stress, or abnormal behavior patterns;
b. With temperature and ventilation suitable for the health and well-being of the animal based on the animal’s species, age, or physical condition;
c. With regular diurnal lighting cycles of either natural or artificial light; and
d. Kept reasonably clean and free from excess waste, garbage, noxious odors, or other contaminants, objects, or other animals that could cause harm to the animal’s health and well-being.
“Owner” means any person or legal entity having a possessory property right in an animal or who harbors, cares for, exercises control over, or knowingly permits any animal to remain on premises occupied by the owner.
“Personal service” means: handing it to the owner’s attorney or to the owner; or leaving it at their office with their clerk or other person in charge thereof, or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the owner has no office, leaving it at their dwelling, house or usual place of abode with some person of suitable age and discretion then residing therein.
“Physical infirmity” includes, but is not limited to, starvation, dehydration, hypothermia, hyperthermia, muscle atrophy, restriction of blood flow to a limb or organ, mange or other skin disease, or parasitic infection.
“Physical injury” includes, but is not limited to, substantial physical pain, fractures, cuts, burns, punctures, bruises, or other wounds or illnesses produced by violence or by a thermal or chemical agent.
“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.
“Proper shelter” means a structure with at least four walls, a roof, a floor which is raised off the ground, a door opening properly shielded from wind and rain, with size commensurate to the size of the inhabiting animal.
“Puppy” means any dog under the age of six months.
“Retail pet store” means a retail establishment open to the public and engaging in the business of offering for sale and/or selling dogs, cats, and/or rabbits, at retail.
“Serious physical injury or infirmity” means physical injury or physical infirmity that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of a limb or bodily organ.
“Service dog” or “service animal” has the same meaning as currently enacted or later amended in RCW 49.60.040(25).
“Small livestock” includes domesticated fowl and fur-bearing animals which are normally bred or maintained within pens, cages or hutches.
“Spayed or neutered” means medically determined to be incapable of reproduction or when the physical condition of an animal is certified by a licensed veterinarian to be such as would prohibit performance of such medical procedure to render it unreproductive.
“Valid license” means a current tag from the jurisdiction in which the animal resides. (Ord. 3984-23 § 2, 2023; Ord. 3903-22 § 1, 2022; Ord. 3228-11 § 1, 2011; Ord. 2684-03 § 1, 2003; Ord. 2394-99 § 1, 1999; Ord. 1810-91 § 2, 1991.)