HomeMy WebLinkAbout3218Ordinance No. 3218
(Amending or Repealing Ordinances)
CFN=175 — Business Licenses
Passed 4/14/1995
Animal Control
Amended by Ord. 3429 (Sec. 8.03.030)
Amended by Ord. 3837;3844 (Sec. 8.03.030)
ORDINANCE NO.
3aiE
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter
8.03 of the Kent City Code relating to animal
control and the prohibition of the private
ownership of exotic animals.
31 WHEREAS, the City of Kent, pursuant to RCW 39.34.010
and 39.34.080, is authorized to contract with King County for the''
performance of animal control services; and
WHEREAS, the County is authorized by Section 120 of the;
King County Charter and King County Code 11.02.030 to render such%
services and is agreeable to render such services by the terms
and conditions set forth by Interlocal Agreement; and
WHEREAS, pursuant to such Interlocal Agreement the Cityl
has agreed to adopt regulations consistent with the licensing and
enforcement provisions as set forth in King County; and
j' WHEREAS, the County has recently adopted regulations
prohibiting the private ownership of exotic animals; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
11' SECTION 1. Section 8.03 of the Kent City Code is
i hereby amended as follows:
Sec. 8.03.010. Purpose.
It is declared the public policy of the city to secure
and maintain such levels of animal control as will protect human
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health and safety, and to the greatest degree practicable,
prevent injury to property and cruelty to animal life. To this
end, it is the purpose of this chapter to provide a means of
licensing dogs, cats, animal shelters, hobby kennels, kennels andj
pet shops and controlling errant animal behavior so that it shall'
not become a public nuisance and to prevent cruelty to animals.
Sec. 8.03.020. Intent.
It is the city council's intent that the regulation and!,
control of potentially dangerous or dangerous dogs as defined in
RCW 16.08.070 should apply in the city through enforcement by the
city's interlocal agreement with King County. It is the city
council's further intent that the enforcement standards as
provided for in RCW 16.08.070 et seq. should control over any
other local standard of enforcement for such dangerous or
potentially dangerous dogs as provided for in this chapter.
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.
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Animal control authority means the King County Aanimal
Control dioisi-a=r—aeraY}�ment e-f J a seTxTees, 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 assignments
which involve the seizure and taking into custody of any animal.
Animal rescuer means any individual who routinely i
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
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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 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
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j! 16.08.070, and sections 8.03.220 through 8.03.250.
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Director means the individual in charge of and
!i responsible for the King County Aenimal Ceontrol divisien efthe
department ef general serv-Jeeess Section licensing and regulatory
division.
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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.
l' 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:
1. Venomous Species of snakes capable of inflicting
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serious harm or death to human beings;
2. Non -human primates and prosimians;
3. Bears;
4. Non -domesticated species of felines;
5. Non domesticated 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,
or nourishment in such manner as to
protection, refuge, food,
control the animals actions, or, that the animal(s) is treated as
living at one's house by the homeowner.
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
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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 of 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 or controlled.
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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.
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Under control means the animal is under control so as fi
to be restrained from approaching any bystander or other animal I
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 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. Sec. 8.03.220 of the Kent City Code is
hereby amended as follows:
Sec. 8.03.220 Dangerous and Potentially dangerous dogs --Defined;;
ownership requirements.
A. 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
1 clearly indicates a different meaning:
Animal eeiii�:i-el1
entity aetinff--R�i
ind state an -he,
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AijifHai eenit 7 e individual r 1 ,
with,
dfflent ef animals, anI
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3�}��� �k ' t e—e r l e macro r -e n f e �e efRe n t e fr ether
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the su-e chi? I
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Dangerous dog means any dog that according to the
records of the appropriate authority:
1. Has inflicted severe injury on a human being
j without provocation on public or private property;
2. Has killed a domestic animal without provocation
while off the owner's property; or
�t 3. Has been previously found to be potentially
dangerous, the owner having received notice of such and the dog
ii again aggressively bites, attacks, or endangers the safety of
humans or domestic animals.
Owner means any person, firm, corporation,
it organization, or department possessing, harboring, keeping,
having an interest in, or having control or custody of an animal.;
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Potentially dangerous dog means any dog that when
unprovoked:
1. Inflicts bites on a human or a domestic animal
either on public or private property; or
2. Chases or approaches a person upon the streets,
sidewalks, or any public grounds in a menacing fashion or
apparent attitude of attack, or any dog with a known propensity,
tendency, or disposition to attack unprovoked, or to cause injury'.
or otherwise to threaten the safety of humans or domestic
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animals.
I Proper enclosure of a dangerous dog means, while on the:
J owner's property, a dangerous dog shall be securely confined
indoors or in a securely enclosed and locked pen or structure,
suitable to prevent the entry of young children and designed to
prevent the animal from escaping. Such pen or structure shall
have secure sides and a secure top, and shall also provide
protection from the elements for the dog.
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Severe injury means any physical injury that results in
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broken bones or disfiguring lacerations requiring multiple
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sutures or cosmetic surgery.
B. Ownership requirements.
1. It is unlawful for an owner to have a
dangerous dog in the city without a certificate of registration
issued under this section. Sections 8.03.220 through 8.03.250
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shall not apply to dogs used by law enforcement official for
police work.
2. The animal control authority of the city
shall issue a certificate of registration to the owner of a
dangerous dog if the owner presents to the animal control unit
sufficient evidence of:
a. A proper enclosure to confine a
dangerous dog and the posting of the premises with a clearly
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� visible warning sign that there is a dangerous dog on the
property. In addition, the owner shall conspicuously display a
sign with a warning symbol that informs children of the presence
of a dangerous dog;
b. A surety bond issued by a surety insurer
qualified under RCW ch. 48.28 in a form acceptable to the animal
control authority in the sum of at least fifty thousand dollars
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($50,000.00), payable to any person injured by the vicious dog;
or
C. A policy of liability insurance, such as
homeowner's insurance, issued by an insurer qualified under RCW
Title 48 in the amount of at least fifty thousand dollars
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($50,000.00), insuring the owner for any personal injuries
inflicted by the dangerous dog.
SECTION 3. Chapter 8.03 of the Kent City Code is
amended by adding a new section 8.03.240(C) as follows:
Sec. 8.03.240. Unlawful activities.
A. It is unlawful for an owner of a dangerous or
potentially dangerous dog to permit the dog to be outside the
proper enclosure unless the dog is muzzled and restrained by a
substantial chain or leash and under the physical restraint of a
responsible person. The muzzle shall be made in a manner that
will not cause injury to the dog or interfere with its vision or
respiration but shall prevent it from biting any person or
animal.
B. Dogs shall not be declared dangerous if the
threat, injury, or damage was sustained by a person who, at the
time, was committing a wilful trespass or other tort upon the
premises occupied by the owner of the dog, or was tormenting,
abusing, or assaulting the dog or has, in the past, been observed;
or reported to have tormented, abused, or assaulted the dog or
was committing or attempting to commit a crime.
C. The possession and maintenance of an exotic animal
by private citizens as pets is prohibited unless the owner
possessed the animal on or before the effective date of this
ordinance and agrees to promptly act to satisfy the licensing
requirements contained in Kent Cit' Code 8.03.040 (C) -(I) and
such rules and regulations as the animal control authority may
adopt regarding the maintenance of such animals.
SECTION 4. Chapter 8.03 of the Kent City Code is
amended to add a new section 8.03.040 (C) -(H) as follows:
Sec. 8.03.040. License --Required.
A. Requirements. All dogs and cats harbored, kept or
maintained in city over four (4) weeks of age shall be licensed
and registered annually; provided, that an altered two-year
license may be purchased; provided, further, that dogs kept in
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kennels need not be licensed, except as provided in section
8.03.080. This section shall not apply to dogs used by the
police department for police work.
B. Identification tags, tattoos. All license tags
issued as provided in section 8.03.050 shall be securely fixed to
a substantial collar, harness or other means which shall be worn
by the dog at all times. As an alternative to a license tag, an
animal may be identified as licensed by being tattooed on its
right ear or on its inside right thigh or groin with a license
number approved or issued by the animal control authority.
C. License - Issuance generally - fees. The animal
control authority may cause to be issued an exotic animal owner's'
license that shall authorize the licensee to possess or maintain
all or some of such species of exotic animals as specified
according to Section 8 03 030 herein provided the application isj
accompanied by pa-yment of the license fee contains the
information required b -y Section 8.03.040(D); and meets the cage
or confinement rules and regulations of the animal control
authority. The fee for such license shall be as provided for in
Section 11.04.035 of the King County Code. All licenses shall
expire one -year from the date of the original application.
D. License - application - content. A verified
application for such license made in triplicate shall be filed by
the applicant with the animal control authority which application
shall contain the following: A legal or otherwise adeauately
precise description of the premises which applicant desires to
Ilse under the required license; whether the applicant owns or
rents the premises to be used; if the applicant rents the
premises a written acknowledgment by the property owner that the
a licant has the owner's permission to carry on the activity as
described in the license application for the duration of the
license the extent of improvement upon such premises; a map or
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diagram of such premises showing where the improvements are
' located thereon; a statement indicating the species of exotic
animal which the applicant desires to possess or maintain; a
statement indicating how the animal will be caged or otherwise
confined accompanied with a drawing detailing the dimensions of
and the materials used for the cage or similar confinement; and
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such further information as may be required by rules and
regulations of the animal control authority.
E. License issuance - premises inspection. If
after investigation by the director of the animal control
authority, it appears that the applicant is the owner or tenant
of or has a possessory interest in the property shown in the
application if applicable has the written permission of the
property owner as specified in Section 8 03 040(D) and that the
a licant intends in good faith to,possess or maintain an exotic
animal in accordance with the law and the rules and regulations
of the animal control authority; the animal control authority
shall issue a license to the applicant describing therein the
premises to be used by the licensee and certifying that the
licensee is lawfully entitled to use the same for the possession
or maintenance of the exotic animal(s) specified in such license;
provided that rior to issuing the license the animal control
authority shall inspect the cage or other confinement as required;
by rule or regulation and specified in the licensee's application
in order to determine whether the cage or confinement meets the
standard sipecifications for the classification of the exotic
animal If the cage or confinement is deemed inadequate the
�j-gplicant shall make such changes as necessary to meet the
standard specifications before the license shall issue.
Periodic inspection of premises. The director of
F.
the animal control authority or any other officer authorized by
him may make routine periodic inspections of a licensee's
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remises and records in order to determine the number, kind
weight and condition of exotic animals possessed by the licensee
and for purposes of enforcing the provisions of this chapter and
the rules and regulations of the animal control authority.
G.
ice - hear
control authority may revoke suspend or refuse to renew any
exotic animal owner's license upon good cause for failure to
comply with any provision of this chapter or the rules and
regulations of the animal control authority authorized by this
chapter; Provided, that the violator shall be first notified of
the specified violation or violations and if the violation can
be remedied the violator shall have fifteen days after receiving
the notice of violation to correct the violation• provided
further, that enforcement of such revocation suspension or
refusal shall be staved during the pendency of an appeal filed in
the manner provided by Section 8.03.370.
H. Violation - penalty. Any person possessing or
maintaining an exotic animal in the City of Kent without an
exotic animal owner's license as provided herein or transferrin
possession of an exotic animal to a person not licensed as
provided by this chapter, is guilty of a misdemeanor and is
subject to a fine not to exceed two hundred fifty dollars and/or
by imprisonment not to exceed ninety days.
I. Euthanasia in exigent circumstances. An exotic
animal possessed or maintained in violation of this chapter or
the rules and regulations of the animal control authority may be
subject to euthanasia as defined in Section 8 03.030 if any one
of the following exigent circumstances is deemed to exist by the
director of the animal control authority:
1. The exotic animal presents an imminent
likelihood of serious physical harm to the public and there is no
other reasonably available means of abatement; or
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2. There is no reasonable basis to believe that
the violation can be or in good faith will be corrected and after
reasonable search or inquiry b- the animal control authority no
facility as authorized by local, state or federal law is
available to house the exotic animal; or
3. The exotic animal suffers from a communicable
disease injurious to other animals or human beings; provided,
that this section shall not apply if the animal is under
treatment by a licensed veterinarian and may reasonably be
expected to recover without infecting other animals or human
beings.
J. Chapter limitations.
1. The purpose of this chapter is to prohibit
the private ownership of exotic animals as pets. Therefore, the
provisions of this chapter shall not apply to any facility
possessing or maintaining exotic animals as defined in this
chapter which is owned, operated or maintained by any city,
countv, state or the federal government, including but not
limited to public zoos, nor shall it apply to museums,
laboratories and research facilities maintained by scientific or
educational institutions, nor to private or commercial activities
such as circuses, fairs, or private zoological parks which are
otherwise regulated by law, nor to any recognized program engaged
in the training of exotic animals as defined in this chapter for
use as service animals by disabled citizens.
2. Breeding, or allowing the reproduction of,
exotic animals as defined in this chapter is prohibited, provided
that this prohibition shall not apply to any governmental
facility possessing or maintaining exotic animals nor shall it
apply to private or commercial activities as set forth in
Section 1.
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SECTION 5. Section 8.03.380 of the Kent City Code
is hereby amended as follows:
Sec 8.03.380. Redemption procedures.
A. Any animal impounded pursuant to the provisions of
section 8 03 310 may be redeemed upon payment of the redemption
fee as provided in this section The redemption fee for dogs and.
cats shall be payable to the county comptroller and shall be an
amount as established by the animal control i -i section
dejaartfRent ef general s licensing and regulatory division,'
King County, for each such dog or cat, plus an additional fee of
an amount as established by the animal control dzo=s=on section,
licensing and regulatory division,'
King County, for each twenty -four-hour period or portion thereof,
during which such dog or cat is retained by the impounding
agency.
B. The redemption fee for livestock shall be an
amount as established by the animal control n section,
licensing and regulatory services
division, King County, per animal. Livestock not redeemed may be
sold at public auction by the impounding agency. The boarding
cost for livestock impounded shall be in accordance with the rate
established by contract between the county and the given
stockyard used for holding such animal.
SECTION 6. SEVERABILITY. If any section, sentence,
clause or phrase of this ordinance should be held to be invalid
or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity
or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
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SECTION 7. EFFECTIVE DATE. This ordinance shall take
effect and be in force thirty (30) days from and after its
passage, approval and publication as provided by law.
ATTEST:
i,
j� BRENDA JACOB ITY CLERK
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APPROVED AS TO FORM:
RO R A. LUBOVICH, CITY NEY
/�
PASSED "/ day of 1995.
APPROVED day of
1995.
PUBLISHED 7 day of L 1995.
I hereby certify that this is a true copy of Ordinance
No. 3 a-�8 passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
(SEAL)
"BRENDA JACOB CITY CLERK
animal.rev
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