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3055 Animal Sales MLMC 6.14ORDINANCE NO. 3055 AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, PROHIBITING THE SALE OF ANIMALS IN PLACES OPEN TO THE PUBLIC THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Creation. Moses Lake Municipal Code Section 6.14.100 titled “Prohibited Sales” of Chapter 6.14 titled “Miscellaneous Provisions” is hereby created to read as follows: 6.14.100 Prohibited Sales. A. No person shall display, sell, deliver, offer for sale, barter, auction, give away, dispose, or advertise the availability of an animal upon any public property or upon private property open to the public. B. No person shall allow the display, sale, delivery, offering for sale, barter, auction, giving away, disposal, or advertisement of the availability of an animal upon private property open to the public under their control. C. For purposes of this section, public property shall include, but not be limited to, any city-owned real property, air space, or other interest in real estate, including streets, roads, alleys, or other public rights-of-way, owned by or controlled by the city of Moses Lake. For purposes of this section, “private property open to the public” shall include but not be limited to any parking lot, sidewalk, and empty lot. D. This section shall not apply to the sale of an animal that occurs: 1. On private property not open to the public; 2. At legally permitted pet shops and kennels; or 3. At or through any humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals. Section 2. Amendment. Moses Lake Municipal Code Section 6.18.020 titled “Penalty” is hereby amended to read as follows: 6.18.020 Penalty. Failure to comply with any provisions of this chapter other than sections identified in MLMC 6.18.010 shall subject the violator to the following penalties as they are defined in Chapter 1.08 of this code: Violation Penalty A.Failure to obtain license (6.04.030) First offense Second offense within 12 months C-13 ($100) C-7 ($200) B.Failure to renew license (6.04.030)C-11 ($140) C.Failure to keep required records (6.04.020)C-13 ($100) D.Failure to affix license (6.04.030(B))C-20 ($25) Document Ref: TZOKL-XIFPB-U6MKK-3MSOZ Page 1 of 3 Page 2 of 3 E.False representation (6.04.030(E))C-7 ($200) F.Use of license on another animal (6.04.030(F))C-7 ($200) G.Failure to obtain or maintain kennel license (6.04.040)C-7 ($200) H.Failure to dispose of animal whose permit/license has been revoked (6.04.050(B)) C-7 ($200) I.Failure to provide evidence of current rabies vaccination (6.06.010(B)) C-13 ($100) J. Failure to affix rabies tag (6.06.010(B))C-20 ($25) K.Failure or refusal to confine or produce, or the destruction of, a biting animal (6.06.010(C)(D)(E)) C-4 ($500) L.Failure to report bite injury or rabies diagnosis (6.06.010(F)(G)(H)) C-4 ($500) M.Keeping of animal in violation of WAC 246-100- 191 (6.06.010(A)) C-13 ($100) N.Failure to pay/renew registration fee for potentially dangerous dog (6.10.110) C-7 ($200) O.Keeping dangerous dog in city limits (6.10.120(A))C-1 ($1,000) P.Failure to register potentially dangerous dog (6.10.120(B))C-4 ($500) Q.Failure to keep potentially dangerous dog in required enclosure (6.10.120 )(C)) C-4 ($500) R.Failure to properly muzzle and/or restrain a potentially dangerous dog (6.10.120(D)) C-4 ($500) S.Dangerous dog at large (6.10.130)C-1 ($1,000) T.Livestock at large (6.14.010) First offense Each subsequent offense C-4 ($500) C-1 ($1,000) U.Failure to comply with restrictions and conditions for keeping guard dogs (6.14.020) C-7 ($200) V.Failure to confine female in heat (6.14.030) First offense Each subsequent offense C-7 ($200) C-4 ($500) W.Interference with Community Services Officer (6.14.040)C-4 ($500) X.Dog at large (6.14.060) First offense Second offense Each subsequent offense C-17 ($50) C-13 ($100) C-4 ($500) Y. Dogs Barking (6.14.080) First offense Second offense Each subsequent offense C-18 ($40) C-12 ($120) C-7 ($200) Z.Permitting an animal to bite or injure (6.14.090) First offense Each subsequent offense C-7 ($200) C-4 ($500) AA.Failure to obtain an exotic animal license (6.16.090)C-4 ($500) (BB.Prohibited sale of animal (6.14.100(A))C-1 ($1,000) Document Ref: TZOKL-XIFPB-U6MKK-3MSOZ Page 2 of 3 Page 3 of 3 CC.Permitting prohibited sale of animal on private property (6.14.100(B)) C-1 ($1,000) Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection or portion of this ordinance, or the application thereof to any person or circumstance, is held to be invalid, it shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized by the Moses Lake City Council to make necessary clerical corrections to this ordinance including, but not limited to, the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers, and any references thereto which do not change the substantive meaning of the ordinance. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. ADOPTED by the City Council of the City of Moses Lake, Washington and signed by its Mayor on October 8, 2024. ____________________________________ Dustin Swartz, Mayor ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Debbie Burke, City Clerk Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Lombardi Skaug Vote:Aye Aye Aye absent Aye Aye Aye Date Published: October 14, 2024 Date Effective: October 19, 2024 Document Ref: TZOKL-XIFPB-U6MKK-3MSOZ Page 3 of 3 Signature Certificate Reference number: TZOKL-XIFPB-U6MKK-3MSOZ Document completed by all parties on: 14 Oct 2024 21:36:08 UTC Page 1 of 1 Signer Timestamp Signature Mayor Dustin Swartz Email: dswartz@cityofml.com Recipient Verification: Sent:09 Oct 2024 22:50:37 UTC Viewed:10 Oct 2024 15:09:11 UTC Signed:10 Oct 2024 15:09:19 UTC ✔Email verified 10 Oct 2024 15:09:11 UTC IP address: 74.82.240.250 Location: Mattawa, United States Katherine Kenison Email: kkenison@basinlaw.com Recipient Verification: Sent:09 Oct 2024 22:50:37 UTC Viewed:10 Oct 2024 19:46:39 UTC Signed:10 Oct 2024 19:46:48 UTC ✔Email verified 10 Oct 2024 19:46:39 UTC IP address: 173.209.171.7 Location: Moses Lake, United States Debbie Burke Email: dburke@cityofml.com Recipient Verification: Sent:09 Oct 2024 22:50:37 UTC Viewed:14 Oct 2024 21:35:57 UTC Signed:14 Oct 2024 21:36:08 UTC ✔Email verified 14 Oct 2024 21:35:57 UTC IP address: 63.135.54.162 Location: Moses Lake, United States Signed with PandaDoc PandaDoc is a document workflow and certified eSignature solution trusted by 50,000+ companies worldwide.