6.04.090 Shelter operation—Impoundment procedures—Release and disposal

6.04.090 Shelter operation—Impoundment procedures—Release and disposal.

1. The manager shall operate, maintain or provide an adequate facility to receive and care for any animal delivered to the manager’s custody for disposition under provisions of this chapter, which facility shall be accessible to the public during reasonable hours for the conduct of necessary business concerning impounded animals.

2. The shelter will accept animals from outside the city if the city has a written agreement with the government agency responsible for the geographic area from which the animal came. The city shall charge such government agency a per animal fee for handling animals brought to the shelter from its geographic area. The city shall charge the per animal fee irrespective of whether the animal was delivered by an employee of the government agency, a resident of the geographic area from which the animal came, or anyone else.

B. Any animal may be impounded and held at the shelter when it is the subject of a violation of Title 6 EMC, when an animal requires protective custody and care for mistreatment or neglect by its lawful owner, or when otherwise ordered impounded by a court.

C. An animal is deemed to be impounded from the time the manager or the manager’s designee, including Everett police personnel and contracted agents such as on-call veterinarian hospitals, takes physical custody of such animal.

D. The manager or any animal control officer or police officer may enter the private unenclosed property of another, with or without warrant, when in hot pursuit, to take possession of any animal observed at large.

E. Any person who finds and harbors a dog or cat, which is not lawfully their property and/or without knowing the animal owner’s identity, shall notify the animal control shelter and furnish a description of the animal. The finder may surrender the animal to the animal control shelter or retain its possession, subject to demand of the manager of animal control. Records of reported findings shall be retained by the manager and made available to public inspection. If, within thirty days of the finding report made to animal control, no person makes claim upon the finder for return of the animal, the finder who retains possession shall obtain a license as required in this chapter and thus shall become the legal owner.

F. Impoundment is subject to the following holding period and notice requirements:

1. Any animal wearing a current license tag from a jurisdiction within the state shall be held for one hundred forty-four hours (six days) from time of impoundment; the impounding officer shall make reasonable effort by telephone to give notice of impoundment to the owner and, if unsuccessful, shall mail written notice to the last known address of the owner advising of the impoundment and the date by which redemption must be made.

2. Any animal not wearing a current license shall be held for seventy-two hours (three days) from time of impoundment before any disposition may be made of such animal.

3. Litters of kittens and puppies, brought in as abandoned, may be disposed of immediately upon custody, at the discretion of the manager.

4. Animals held for periods prescribed in this section, and not redeemed by the owner, shall become the property of the city.

5. Animals delivered for impoundment by a peace officer who removed such animal from possession of a person in custody of the peace officer shall be held for the period prescribed in subsection (F)(1) of this section.

1. Any impounded animal shall be released to the owner upon payment of impoundment, care and license fees unless in the discretion of the manager or the manager’s designee there is an ongoing investigation of a violation of this chapter or state law. The manager or the manager’s designee may release the animal to the owner’s authorized representative; full identification of the owner and their authorized representative must be provided to animal control prior to release.

2. Notwithstanding the provisions of subsection (G)(1) of this section, no impounded animal shall be released to the owner until the owner establishes that any penalties, fines or forfeitures owed by the owner for violation of this chapter have been satisfied.

3. Any animal held for the prescribed period and not redeemed by its owner, and which is neither dangerous nor unhealthy, may be released for adoption, subject to the following conditions:

a. The adoptive owner agrees to furnish proper care to the animal in accord with this chapter;

b. Payment of required fees, including any medical care costs incurred during impoundment; and

c. All animals will be altered (i.e., spayed or neutered) prior to completion of the adoption process. This includes receipt of all applicable fees.

4. There are four exceptions to the mandatory spay and neuter requirement:

a. The first exception is for unaltered animals that are temporarily housed at the shelter and returned to their owners.

b. The second exception is for kittens under eight weeks of age weighing less than two pounds, puppies under six weeks of age, or kittens and puppies who are unhealthy to safely spay and/or neuter. Shelter staff has the option of (1) if shelter space is available, caring for these animals until they can be safely altered; (2) releasing them to a rescue group as noted in subsection (G)(4)(d) of this section; or (3) euthanizing them.

c. The third exception is for animals that have a medical condition that makes it dangerous to undergo a spay or neuter surgery. These animals will be subject to the same options as outlined in subsection (G)(4)(b) of this section.

d. The fourth exception is for unaltered animals that are transported to and adopted out by other agencies. This option may include animals described in subsection (G)(4)(b) and/or (G)(4)(c) of this section. It will be the responsibility of the agency to spay and/or neuter these animals. Unaltered animals will not be released to agencies that do not require the animals to be altered prior to or upon adoption.

5. Administration shall decide the most cost-effective means to spay and neuter animals prior to adoption.

6. The owner of any animal retained at the shelter pending legal action pertaining to violations of this chapter and/or other judicial actions or hearings, pertaining to the owner’s ownership/responsibilities regarding the animal, shall be liable for all fees prescribed by fee schedule, upon conviction.

7. The manager shall dispose of animals held for the prescribed period without redemption or adoption only by means of euthanasia; provided, however, that irrespective of any prescribed holding period the manager, upon advice of a licensed veterinarian, may immediately dispose of any sick or injured impounded animal by euthanasia.

8. The decision of whether to release an animal to an individual for the purposes of adoption shall be discretionary with the manager or the manager’s designee. In making the determination the manager or the manager’s designee shall base the decision on what is in the best interest of the animal and what is in the best interest of public safety. Factors which shall be considered include, but are not limited to, the age of the individual requesting adoption, the premises where the animal will be kept, condition, size and/or temperament of the animal. Dogs which have been declared dangerous under the provisions of Chapter 6.08 EMC or Chapter 16.08 RCW, or potentially dangerous under the provisions of Chapter 6.08 EMC, will not be available for adoption.

1. If a law enforcement officer or animal control officer has probable cause to believe that an owner of a domestic animal has violated EMC 6.04.070(C) or Chapter 16.52 RCW, or a person owns, cares for, or resides with an animal in violation of an order issued under EMC 6.04.070(D) or 6.04.140 or RCW 16.52.200(4), or is in possession of an animal in violation of a court order from any jurisdiction due to a prior criminal animal cruelty conviction the officer, after obtaining a warrant, may enter the premises where the animal is located and seize the animal.

2. If a law enforcement officer or an animal control officer has probable cause to believe an animal is in imminent danger or is suffering serious physical injury or infirmity, or needs immediate medical attention, the officer may enter onto private property without a warrant to:

a. Render emergency aid to the animal; or

b. Seize the animal without a warrant. Any animal seized without a warrant shall immediately be brought to a veterinarian licensed in the state of Washington to provide medical attention and to assess the health of the animal.

3. A law enforcement officer or an animal control officer is not liable for any damages for entry onto private property without a warrant under this section; provided, that the officer does not use any more force than is reasonably necessary to enter upon the property and remove the animal.

4. The owner from whom the animal was seized shall be provided with notice of the right to petition for immediate return of the animal and shall be afforded an opportunity to petition for such a civil hearing before the animal is deemed abandoned and forfeited. Any owner whose animal is seized pursuant to EMC 6.04.070, 6.08.045 or Chapter 16.52 RCW shall, within seventy-two hours following the seizure, be given written notice of the circumstances of the removal and notice of legal remedies available to the owner. The notice shall be given by posting at the place of seizure, by delivery to the last known or suspected owner in person or a person residing at the place of seizure, or by registered mail to the last known or suspected owner. Such notice shall include:

a. The name, business address, and telephone number of the law enforcement agency or animal care and control agency responsible for seizing the animal;

b. A description of the seized animal;

c. The authority and purpose for the seizure, including the time, place, and circumstances under which the animal was seized;

d. A statement that the owner is responsible for the cost of care for the animal who was lawfully seized, and that the owner will be required to post a bond payable to the Everett animal control’s EMC 3.04.130 cumulative reserve fund for animal control to defray the cost of minimum care within fourteen calendar days of the seizure or the animal will be deemed abandoned and forfeited; and

e. A statement that the owner has a right to petition the Everett municipal court for a civil hearing for immediate return of the animal and that in order to receive a hearing, the owner or owner’s agent must request the civil hearing by signing and returning to the court an enclosed petition within fourteen calendar days after the date of seizure. The enclosed petition must be in substantially the same form as set forth in subsection (H)(13) of this section.

a. When an animal is seized pursuant to this section, the owner shall post a bond payable to the Everett animal control’s EMC 3.04.130 cumulative reserve fund for animal control in an amount sufficient to provide minimum care for each animal seized for thirty days, including the day on which the animal was taken into custody, regardless of whether the animal is the subject of a criminal charge. Such bond shall be filed with animal control within fourteen calendar days after the day the animal is seized.

(1) If an owner fails to post a bond by five p.m. on the fourteenth calendar day after the day the animal was seized as required under this section, the animal is deemed abandoned and the owner’s interest in the animal is forfeited to animal control by operation of law in accordance with the notice provided in subsection (H)(4) of this section.

(2) A petition required by subsection (H)(4)(e) of this section may be filed in Everett municipal court concerning any animal seized pursuant to this section. Copies of the petition must be served on animal control and the prosecuting attorney.

(3) An owner’s failure to file a written petition by five p.m. on the fourteenth calendar day after the day the animal was seized shall constitute a waiver of the right to file a petition under this subsection and the animal is deemed abandoned and the owner’s interest in the animal is forfeited to the city by operation of law unless a bond has been posted pursuant to this subsection (H)(5). The court may extend the fourteen-day period to file a written petition by an additional fourteen calendar days if the petitioner did not have actual notice of the seizure and the court finds, on the record and in writing, that there are exceptional and compelling circumstances justifying the extension.

(1) Upon receipt of a petition pursuant to subsection (H)(5)(b) of this section, the court shall set a civil hearing on the petition. The hearing shall be conducted within thirty calendar days after the filing of the petition.

(2) At the hearing requested by the owner, the rules of civil procedure shall apply and the respondent shall have the burden of establishing probable cause to believe that the seized animal was subjected to a violation of this chapter. The owner shall have an opportunity to be heard before the court makes its final finding. If the court finds that probable cause exists, the court shall order the owner to post a bond as required by this subsection (H)(5) within seventy-two hours of the hearing, and if the owner fails to do so, the seized animal is deemed abandoned and the owner’s interest in the animal is forfeited to the city by operation of law. If the respondent does not meet its burden of proof, the court may order the animal returned to the owner at no cost to the owner, subject to conditions set by the court. If the court orders the return of an animal to the owner, the court may also order:

(A) Reasonable attorney fees for the owner; and

(B) A full refund of the bond posted pursuant to this subsection (H)(5) by the owner for the care of the animal.

(1) If a bond has been posted in accordance with this subsection (H)(5), subsequent court proceedings shall be given court calendar priority so long as the animal remains in the custody of the city and the city may draw from the bond the actual reasonable costs incurred by the city in providing minimum care to the animal from the date of seizure to the date of final disposition of the animal in the criminal action.

(2) At the end of the time for which expenses are covered by the bond, if the owner seeks to prevent disposition of the animal by the custodial agency, the owner shall post a new bond with animal control within seventy-two hours following the prior bond’s expiration. If an owner fails to post or renew a bond as required under this subsection (H)(5), the animal is deemed abandoned and the owner’s interest in the animal is forfeited to the city by operation of law.

e. For the purposes of this subsection(H)(5), “animal” includes all unborn offspring of the seized animal and all offspring of the seized animal born after the animal was seized.

6. When an animal is seized from a person prohibited from owning, caring for, possessing, or residing with animals under RCW 16.52.200 or an order issued pursuant to Chapters 6.04 and 6.08 EMC, RCW 16.52.200, 16.52.205 or 16.52.207, or similar statute, the animal is immediately and permanently forfeited by operation of law to the city and no court action is necessary.

7. If an animal is forfeited to the city according to the provisions of this section, the city may place the animal with a new owner; provided, that the city may not place the animal with anyone who lives in the same household as the former owner.

8. The city may authorize a veterinarian or veterinary technician licensed in the state of Washington or a certified euthanasia technician certified in the state of Washington to euthanize a seized animal for humane reasons at any time if the animal is severely injured, sick, diseased, or suffering.

9. Nothing in this chapter shall be construed to prevent the voluntary, permanent relinquishment of any animal by its owner to the city or other agency. Voluntary relinquishment has no effect on the criminal charges that may be pursued by the appropriate authorities.

10. Nothing in this chapter requires court action for taking custody of, caring for, and properly disposing of stray, feral, at-large, or abandoned animals, or wild animals not owned or kept as pets or livestock, as lawfully performed by the city.

11. Any authorized person caring for, treating, or attempting to restore an animal to health under this section shall not be civilly or criminally liable for such action.

12. The provisions of this section are in addition to, and not in lieu of, the provisions of EMC 6.04.070, 6.04.140, 6.08.050, or RCW 16.52.200.

13. A petition for a civil hearing for the immediate return of a seized animal shall be in a form substantially similar to the following:

IN THE EVERETT MUNICIPAL COURT

OF THE STATE OF WASHINGTON IN AND FOR

THE COUNTY OF SNOHOMISH

. . . ., No. . . . .

Petitioner,

vs. PETITION FOR

. . . ., RETURN OF SEIZED

Respondent ANIMALS

PARTIES/JURISDICTION

(a)(i) That Petitioner is, and at all relevant times herein was, a resident of . . . . . (county of residence) County, Washington.

(ii) That Respondent is, and at all relevant times herein was, an agent, contractor, or political subdivision of the City of Everett, State of Washington.

(iii) That Petitioner's animal/animals were seized by Respondent in Everett, Snohomish County, Washington.

(iv) That this Court has jurisdiction over the subject matter and the parties hereto.

FACTS

(b)(i) That upon seizure of . . . . (number and type of animals) such animals were placed in the care and custody of the Respondent on . . . . (date of seizure).

(ii) That on or about. . . (date on notice) the Respondent issued a seizure, bond, and forfeiture notice under EMC 6.04.090(H), a true and correct copy of said notice and accompanying attachments is attached hereto and incorporated herein as Exhibit A (attach a copy of the notice of seizure to this petition).

(iii) That pursuant to such notice, Petitioner herein files this petition for the immediate return of all such seized animals pursuant to EMC 6.04.090(H).

PRAYER

(c) Petitioner prays that this Court grant said petition and order the immediate return of Petitioner’s aforementioned animals to Petitioner’s care and custody.

DATED the . . . day of ........, ....

By: ...................................

Petitioner (Signature)

(Ord. 3984-23 § 2, 2023; Ord. 3903-22 § 5, 2022; Ord. 3228-11 § 2, 2011; Ord. 2684-03 § 3, 2003; Ord. 2394-99 § 7, 1999; Ord. 1815-91 § 9, 1991.)