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RESEARCH TOOLSMRSC Index › Licensing and Regulating - Animal control, general

MRSC Index A topical index to MRSC's information resources.

Licensing and Regulating: LR 8.0000 - Animal control, general

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  1. Request for information on procedures for granting a limited commission to an animal control officer to enforce and issue citations for violations of the town's animal control ordinance, and the form for the oath of office for this position.
    Various statutes authorize municipalities to give designated employment positions, other than law enforcement officers, the authority to enforce laws, such as local animal control laws, that carry civil penalties (civil infractions). For example, RCW 7.80.040, dealing with civil infractions, defines "enforcement officer" as "a person authorized to enforce the provisions of the title or ordinance in which the civil infraction is established." See also IRLJ 1.2(j), a court rule that defines "citing officer" as "a law enforcement officer or other official authorized by law to issue a notice of infraction."

    So, the town may give an animal control officer a "limited commission" to issue citations for civil infractions under the town's ordinances. A "commission" is, in the sense discussed here, merely formal evidence of an appointment. There are no statutorily-required procedures for granting a limited commission. The only requirements for an animal control officer would be those established by the town for the position.

    Here are a few example code provisions establishing limited commissions:

    Mount Vernon Municipal Code
    10.10.020(C ) . “Limited commission code enforcement officer” means that person who has been appointed by the mayor and whose work is directed by the director of development services for the purpose of administering and enforcing the provisions of this chapter, including all persons granted such authority and responsibility by contract with the city. In addition, the director of development services shall be an ex officio code enforcement officer and have like enforcement authority.

    Bellevue Municipal Code

    3.33.060 Appointment of deputies and other officers – Administrative structure. The chief of police may appoint, with the consent of the city manager, subject to any applicable civil service provisions, deputies and other public officers from other city departments. Such officers shall have the power of citation as may be appropriate and necessary for the proper performance of the duties of their office. Upon such appointment being made, the chief of police shall issue to the appointee a limited commission card. The appointment shall continue until the appointee is permanently terminated from city employment, but may be revoked at any time by the chief of police or the city manager.

    Burlington Municipal Code

    2.38.030(B) Members – Appointment and commissioning. ... [a] limited commission or deputation may be issued upon approval of the mayor and police chief to persons outside the department who have a need to have limited enforcement capabilities such as parking, parks, animal control, and arson. These limited commissions will specifically state the authority of the holder to enforce specific identified ordinances. These limited commissions shall be valid for a period of one year and shall automatically expire on December 31st of that year.

    As to the form for the oath of office, no state statute sets out the exact form for this. There are several variations used, although most are similar to the one set out below:

    I, _____, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the State of Washington, and all local ordinances, and that I will faithfully and impartially perform and discharge the duties of the office of _____, according to law and the best of my ability.



  2. May an animal control officer enter private property without consent of the property owner and without a warrant where, in plain view, a dog is being abused?

    There appears to be only one situation where an animal control officer may enter private property without a warrant. RCW 16.52.085(1) provides: If a law enforcement officer or animal control officer has probable cause to believe that an owner of a domestic animal has violated this chapter and no responsible person can be found to assume the animal's care, the officer may authorize, with a warrant, the removal of the animal to a suitable place for feeding and care, or may place the animal under the custody of an animal care and control agency. In determining what is a suitable place, the officer shall consider the animal&s needs, including its size and behavioral characteristics. An officer may remove an animal under this subsection without a warrant only if the animal is in an immediate life-threatening condition. See also, RCW 16.52.015(3)(d) (giving an animal control officer the "power to prepare affidavits in support of search warrants and to execute search warrants when accompanied by law enforcement officers to investigate violations of this chapter ").



Expand Section Subject Pages (3 Results)

  1. Animal Control Administration
    This page covers administrative organization , licensing contracts for animal control and shelters, job descriptions shelters, volunteer programs and disaster planning
  2. Animal Control
    This page gives an overview of animal control topics such as animal control on local government websites and additional resources
  3. Animal Noise Nuisances
    Sample animal noise ordinance provisions