HomeMy WebLinkAbout3429Ordinance No. 3429
(Amending or Repealing Ordinances)
CFN=118 — Parks & Recreation
Passed 12/8/1998
Animal Waste Removal
Amends Ord. 3156
Amends Sec. 2 of Ord. 2316
Amends Sec. 9.16.08 of Ord. 2787
Amends Sec. 8.03.030 of Ord. 3218
Amended by Ord. 3837;3844
ORDINANCE NO. .3 02-
AN ORDINANCE of the City Council of the City of
Kent, Washington, amending Chapter 8.03 of the Kent City
Code to include a provision requiring persons who own or are
in control of any pet or animal to remove any animal waste
deposited by such animal in City parks and to have in his or
her possession the equipment necessary for removal of such
animal waste.
WHEREAS, the City of Kent and King County have agreed that King
County will perform animal control services for the City of Kent pursuant to RCW
39.34.010 and 39.34.080; and
WHEREAS, the City of Kent and King County have agreed to amend their
interlocal agreement to authorize King County to enforce the City's Animal Waste Control
Regulation; and
WHEREAS, in the interest of the preservation and protection of the natural
environment, public health, safety, and welfare, the City has determined that it is necessary
to require any person who owns or is in control of any pet or animal to immediately
remove from park areas any and all feces deposited by such animal while in a park and to
carry the necessary equipment for removal of such animal feces within a park; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 8.03.030 of the Kent City Code is hereby
as follows:
Sec. 8.03.030. Definitions. The following words, terms and phrases, when used
in this chapter, shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Abatement means the termination of any violation by reasonable and lawful means
determined by the director in order that an owner or a person presumed to be the owner
shall comply with. this chapter.
Animal means any living creature except persons, insects and worms.
Animal control authority means the King County Animal Control Section, licensing
and regulatory services division, acting alone or in concert with other municipalities for
enforcement of animal control laws and the shelter and welfare of animals.
Animal control officer means any individual employed, contracted or appointed by
the animal control authority for the purpose of aiding in the enforcement of this chapter or
any other law or ordinance relating to the licensing of animals, control of animals or;
seizure and impoundment of animals, and includes any state or municipal peace officer,
sheriff, constable or other employee whose duties in whole or in part include which involve
the seizure and taking into custody of any animal.
Animal rescuer means any individual who routinely obtains an unwanted dog or,
cat or who locates within ninety (90) days an adopted home for that spayed or neutered dog
or cat provided, however, an interim, administrative extension may be granted by the
animal control authority for a maximum of six (6) months if a dog or cat is pregnant,
nursing, or injured and that condition is verified by a veterinarian.
Cattery means a place where four (4) or more adult cats are kept, whether by
owners of the cats or by persons providing facilities and care, whether or not for
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compensation, but not including small animal hospital, clinic or pet shop. An adult cat is
one of either sex, altered or unaltered, that has reached an age of six (6) months.
Dangerous dog means that term as defined by RCW 16.08.070, and sections',
8.03.220 through 8.03.250.
Director means the individual in charge of and responsible for the King County
Animal Control Section, licensing and regulatory division.
Domesticated animal means any dog, cat, rabbit, horse, mule, ass, bovine animal,
lamb, goat, sheep or hog, bird, or other animal made to be domestic.
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 such loss of consciousness.
Exotic animal means any of the following:
Venomous species of snakes capable of inflicting serious harm or death to
human beings.
2. Non -human primates and prosimians.
3. Bears.
4. Nondomesticated species of felines.
5. Nondomesticated species of canines and their hybrids, including wolf and
coyote hybrids.
6. The order of crocodilia, including alligators, crocodiles, caiman, and
gavials.
Grooming parlor means any place or establishment, public or private, where;
animals are bathed, clipped or combed, whether or not for compensation, for the purpose
of enhancing their aesthetic value.
Harboring, keeping, or maintaining a dog or cat means performing any of the acts
of providing care, shelter, protection, refuge, food, or nourishment in such manner as to
control the animals actions, or, that the animal(s) is treated as living at one's house by the
homeowner.
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Hobby cattery means a noncommercial cattery at or adjoining a private residence
where four (4) or more adult cats are bred or kept for exhibition for organized shows or for'
the enjoyment of the species provided, however, a combination hobby cattery/kennel'
license may be issued where the total number of cats and dogs exceeds the number allowed
under title 15 of the Kent City Code.
Hobby kennel means a noncommercial kennel at or adjoining a private residence'
where four (4) or more adult animals are bred and/or kept for hunting, training and
exhibition for organized shows, field, working and/or obedience trials or for enjoyment.
Juvenile means any dog or cat, altered or unaltered, that is under the age of six (6)
months.
Kennel means a place where four (4) or more adult dogs or cats or any combination
thereof are kept whether by owners of the dogs and cats or by persons providing facilities
and care, whether or not for compensation, but not including a small animal hospital or
clinic or pet shop. An adult dog or cat is one of either sex, altered or unaltered, that has
reached the age of six (6) months.
Leash shall include a cord, thong or chain not more than eight (8) feet in length by
which an animal is controlled by the person accompanying it.
Livestock means horses, bovine animals, sheep, goats, swine,reindeer, donkeys,
mules and fowl.
Owner means any person having an interest in or right of possession to an animal
or any person having control, custody or possession of any animal, or who, by reason
the animal being seen residing consistently in a location, may presume to be the owner, and
includes the definition as provided in RCW 16.08.070.
Pack of dogs means a group of three (3) or more dogs running upon either public
or private property not that of its owner in a state in which either its control or ownership
is in doubt or cannot readily be ascertained, and when such dogs are not restrained
controlled.
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areas play fields public gardens green belts and other park recreation and open space
areas buildings and facilities comprisingparks and recreation system of the City of
Kent.
Person means any individual, partnership, firm, joint stock company, corporation,
association, trust, estate or other legal entity.
Pet shop means a person or establishment that acquires for the purpose of sale live
animals, including birds, reptiles, fowl and fish, bred by others whether as owner -agent,
or on consignment, and sells, or offers to sell such live animals, including birds, reptiles,
fowl and fish, to the public or to retail outlets.
Potentially dangerous dog means that term as defined in RCW 16.08.070 and
sections 8.03.220 through 8.03.250 of this Code.
Restraint means an animal is considered to be under restraint if it is maintained and
remains within the property limits of its owner or keeper.
Running at large means to be off the premises of the owner or on the premises of
another without the written permission of the owner thereof and not on a leash and not
under the control of the owner or competent person authorized by the owner.
Service animal means any animal which is trained or being trained to aid a person
who is blind, hearing impaired, or otherwise disabled and is used for that purpose and is
registered with a recognized service animal organization.
Shelter means a facility which is used to house or contain stray, homeless,
abandoned or unwanted animals and which is owned, operated or maintained by a public
body, an established humane society, animal welfare society, society for the prevention of,
cruelty to animals or other nonprofit organization or person devoted to the welfare,
protection and humane treatment of animals.
Under control means the animal is restrained by a leash,
chain, or similar device from approaching any bystander or other animal and from causing
or being the cause of physical property damage when off the premises of the owner.
Vicious means actions of animals, other than a dangerous dog or potentially
dangerous dog, with the propensity to do any act that might endanger the safety of any
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person, animal, property of another, including, but not limited to, a disposition to mischief
or fierceness as might occasionally lead to attack on human beings without provocation,
whether in play or outbreak of untrained nature.
SECTION 2. A new section, Section 8.03.205 is hereby added to Chapter
8.03 of the Kent City Code as follows:
Sec. 8.03.205. Animals in Parks.
A. Any person with a dog or other animal in his or her possession in any park shall be
responsible for the conduct of the animal by keeping the animal under control as
that term is defined in this chapter and for removing from the park any animal feces
deposited by such animal.
B. It is unlawful for such person to fail to have in his or her possession the equipment
necessary to remove his or her animal's fecal matter when accompanied by said
animal in any park.
C. The provisions of this section shall not apply to a "guide" or "service" dog as now
or hereafter defined in Ch. 70.84 RCW.
D. Violation of or failure to comply with the provisions of this section shall subject
the offender to prosecution pursuant to Sec. 8.03.300(C) or prosecution for a public
nuisance.
SECTION 3. - Severability. If any one or more sections, subsections, or
itences of this Ordinance are held to be unconstitutional or invalid, such decision shall
t affect the validity of the remaining portion of this Ordinance and the same shall remain
full force and effect.
SECTION 4. - Effective Date. This ordinance shall take effect and be in
thirty (30) days from and after its passage, approval, and publication as provided by
WHITE, MAYOR
ATTEST:
BRENDA JACOBE Y CLERK
r
APPROVED AS TO FORM:
A. LUBOVICH,
PASSED: day of1998.
APPROVED: day of z dce 1998.
Zk
PUBLISHED: day of 1998.
I hereby certify that this is a true copy of Ordinance No. �, passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of thej
City of Kent as hereon indicated.
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BRENDA JA OB , CITY CLERK