The following definitions shall apply in this chapter:
A. “Abandon” means:
1. The act of leaving a pet animal without humane care in such a way that the health or safety of the animal is imperiled, or
2. Failure to respond to notification of impoundment of an animal.
B. “Animal” means any nonhuman mammal, bird, reptile, or amphibian.
C. “Animal Services” means the agency designated to enforce this chapter and operate a shelter facility designated or recognized by the cities of Lacey, Olympia and Tumwater and Thurston County for the purpose of impounding, caring for, placing through adoption, returning to owners and euthanizing pet animals.
D. “At large” means any pet animal that is not in the physical presence and control of an owner or keeper; provided, that the following animals shall be considered at large only under the following circumstances:
1. When a dog, licensed or not, is found off the property or outside the vehicle of the owner and not under control of a person by means of a leash, carrier or demonstrated voice command wherein the person purporting to exercise control of a dog can cause the dog to immediately heel by giving an appropriate voice command; or
2. When an unleashed dog interferes with pedestrian, bicycle or vehicular movement or causes reasonable affront or alarm to a person or if injury, or damage has been caused by the dog, or trespass has occurred; or
3. When a cat, licensed or not, is on property where the property owner or tenant objects to the presence of the cat and has humanely trapped or otherwise contained the cat.
E. “Cattery” means an establishment kept for the purpose of breeding, owning, selling, or boarding of cats, and having current certification by a nationally recognized cattery registration group that formulates and applies their own standards for appropriate care, such as Cat Fanciers Association, the American Cat Fanciers Association, the International Cat Association, or the United Feline Organization.
F. “Community cat” means any free roaming cat that may be cared for by one or more residents in the area, known or unknown. Community cats with ears tipped were sterilized and vaccinated against rabies at least one time. Community cats are not considered pet animals.
G. “Community cat caregiver” means a person who provides care to a community cat in the form of food, water, shelter and veterinary care, while not being considered the owner, custodian, harborer, possessor, or keeper of a community cat.
H. “Dangerous dog” means a dog that according to the records of Animal Services has committed serious offenses as more fully set forth in LMC 7.04.070.
I. “Director” means the Director of Animal Services or his/her designee.
J. “Domestic animal” means an animal other than a pet animal which may or may not be used as a food source such as, but not limited to, a rabbit, chicken, goat, sheep, cow or horse.
K. “Euthanasia” means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness, and death during the loss of consciousness.
L. “Exotic animal” means an animal, such as, but not limited to, venomous or constrictor type reptiles, or primates.
M. “Feral” means a wild animal, or a domestic animal that is wild.
N. “Harbors, keeps, possesses, or maintains a pet animal” means providing care, shelter, protection, refuge, food, or nourishment in such manner as to influence the behavior of the animal; or treating the animal as living at one’s property.
O. “Humane care” means care of an animal that includes providing necessary food, water, shelter, rest, sanitation, ventilation, space and medical attention in a way that the health and safety of the animal is not imperiled.
P. “Impound” means to seize or take control of any animal pursuant to the terms of this chapter, whether by an Animal Services officer, a police officer, or other commissioned person, for purposes of impoundment and further administrative or judicial action. This includes animals brought to the shelter by members of the general public.
Q. “Kennel” means a place where adult dogs or cats are kept by persons providing facilities for breeding and the offspring thereof are sold for profit, or where such dogs or cats are received for care, training and boarding for compensation, but not including a small animal hospital, clinic or pet shop. An adult dog or cat is one of either sex, altered, or unaltered, that has reached the age of six months.
R. “Leash” means a cord, thong or chain by which a dog is controlled by the person accompanying it.
S. “License” means the dog, cat or other pet animal license issued for registration and identification.
T. “Menacing” means when an animal engages in threatening behavior on public or private property which is not the property of the animal’s owner and which reasonably places a person in fear of immediate physical harm to him or herself or to an animal under the immediate control of such person. Such behavior shall include but is not limited to growling, snarling, barking, snapping of teeth or any other behavior that restricts or controls a person’s movements.
U. “Necessary food” means the provision at suitable intervals of wholesome foodstuff suitable for the animal’s age and species and sufficient to provide a reasonable level of nutrition for the animal.
V. “Nuisance pet animal” means a pet animal that:
1. Damages or destroys landscaping or property of another person, including destruction of wildlife that has been purposefully attracted to the person’s property; or
2. Soils or defecates on public or private property other than the owner’s, unless such waste is immediately removed and properly disposed of by the owner of the pet animal; or
3. Causes unsanitary, dangerous, or offensive conditions; or
4. Is a female dog or cat in heat not confined within a structure to prevent access of male dogs or cats except for planned breeding; or
5. Chases people including but not limited to cyclists or vehicles, or molests or interferes with persons or other animals on public or private property, other than the owner’s property; or
6. Habitually or continually disturbs the peace and quiet of any individual or neighborhood by barking, whining, howling or making any other noise; or
7. Trespasses on private property and the property owner or tenant supplies a written complaint to Animal Services, and, in the case of a cat, physically contains the cat.
W. “Officer” means any Animal Services officer, police officer, or other commissioned person designated by the city of Lacey to issue citations, pick up, restrain, impound, place, or dispose of animals or give notice for any other acts, duties or functions prescribed by this chapter or other chapters relating to pet animals.
X. “Owner” means any person who has a right, claim, title, legal share or right of possession to an animal or who harbors, keeps, possesses or maintains a pet animal, or who encourages a pet animal to remain about their property or premises for a period of fourteen consecutive days or more, or the person named on the license/registration record of any animal as the owner. The parent or guardian of an owner under eighteen years of age shall be deemed the owner for the purposes of this chapter.
Y. “Pet animal” means any species of animal sold or retained for the purpose of being kept for pleasure, companionship or utilitarian purposes and not kept as a food source.
Z. “Potentially dangerous dog” means a dog that according to the records of Animal Services has committed serious offenses as more fully set forth in LMC 7.04.070.
AA. “Quarantine” means to maintain an animal within a structure so that it cannot approach or be approached by humans or other animals outside the owner’s immediate family.
BB. “Restrained” means secured by a leash and under physical control of a person with the strength and judgment to handle the animal, or tethered to a stationary object which keeps the animal confined to the pet owner’s property or premises.
CC. “Severe injury” means any physical injury that results in broken bones or lacerations requiring sutures or cosmetic surgery.
DD. “Sterilized” means the animal is surgically rendered incapable of reproduction by means of castration or an ovariohysterectomy.
EE. “Stray animal” means a domestic or pet animal at large.
FF. “Substantial bodily harm” means substantial bodily harm as defined in RCW 9A.04.110, incorporated herein by reference.