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A. Impoundment. An animal classified as a Level 1 or 2, at the chief animal care and regulation officer’s discretion, may be impounded at the animal care and regulation shelter, licensed kennel, or at the owner’s house if the kennel or home has adequate facilities to quarantine the animal. An animal involved in a bite or attack incident classified as a Level 3 or 4, at the chief animal care and regulation officer’s discretion, shall be impounded at the animal care and regulation shelter, licensed veterinarian clinic or hospital, licensed kennel approved by the chief animal care and regulation officer, or at the owner’s house if the kennel or home has adequate facilities to quarantine the animal. Any quarantine of an animal not at the animal care and regulation shelter shall be posted with a quarantine sign that states the reason for the quarantine, conditions and dates of the quarantine. If the animal is recommended for classification as Level 5, it shall be impounded at the animal shelter unless the animal is:

1. Presently under a veterinarian’s care for sickness, disease or injury requiring the animal to remain at the clinic or hospital; or

2. Kept under other specially required conditions at the time of the requested release by the city.

B. Written Release Order. An owner of an animal classified as a Level 1, 2, 3, or 4 shall be provided a written release order by the chief animal care and regulation officer, setting forth the conditions of release accompanied by written findings of fact and conclusions.

1. The conditions of the written release order shall include, but are not limited to, all requirements set forth in WMC 7.20.025 for animals classified as Level 1, 2, 3, and 4. The conditions of release must be acknowledged by the owner’s signature and kept on file by the chief animal control and regulation officer or his designee. The owner shall have five days from receipt of the conditional release order to comply and implement all of the terms and conditions of the order, unless stated otherwise.

2. The chief animal care and regulation officer may, at the officer’s discretion, include other requirements or conditions in the written release order.

3. The chief animal care and regulation officer or the officer’s designee shall inspect the owner’s premises to determine if the owner meets the conditions of release requirements pertaining to confinement of the animal prior to release of the animal.

4. In determining the release conditions, the chief animal care and regulation officer shall consider factors, including but not limited to the following:

a. The observed or reported past and present actions of the animal owner in controlling and restraining animals;

b. The circumstances of the incident and the extent of the injury to the person or animal attacked;

c. The owner’s past history of compliance with past and present city animal care and regulation ordinances;

d. The owner’s past history of compliance with other state or municipal animal care and regulation ordinances and laws.

C. Conditions of Written Release Order to Be Met. All conditions of the written release order must be met, or the animal owner must demonstrate the ability to meet the conditions prior to release of the animal. Whether the animal owner has met the conditions or has the ability to meet the conditions shall be determined by the chief animal care and regulation officer.

D. Fees and Expenses. Prior to any release, all fees and expenses reasonably incurred by the city from the date of impoundment shall be paid by the owner.

E. Forfeiture of Animal. If an owner refuses to redeem an animal under the conditions of a written release order, refuses to pay fees and expenses, or violates any condition of a written release order, the animal is subject to forfeiture to the city pursuant to WMC 7.32.030.

F. Violation. Violation of a written release order is an infraction. Each day the owner fails to abide by the written release order issued by the chief animal care and regulation officer constitutes a separate infraction for violating the conditions of the written release order.

G. Release Agreements. The chief animal care and regulation officer may, at the officer’s discretion, enter into conditional release agreements for animals involved in bite or attack incidents, except for animals recommended for Level 5 classification. (Ord. 09-69(AM) § 6, 2009; prior code § 12.25.040)