HomeMy WebLinkAbout3156Ordinance No. 3156
(Amending or Repealing Ordinances)
CFN=175 - Business Licenses
Passed 2/15/1994
Animal Control
Amended by Ord. 3429;3837;3844
Repealed by Ord. 3979 (except Secs. 8.03.020;8.03.090;8.03.210(2);
8.03.210(3);8.03.210(4)
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ORDINANCE NO. 3 5
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter
8.03 of the Kent City Code to reflect changes
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in licensing, late penalties, impound,
fees as required
redemption, and sheltering
g�by
Interlocal Agreement with King County, and
repealing Section 8.03.310(C) and (D)
D5`r
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regarding impound procedures and repealing
Section 8.03.320(2)(a) -(e) prohibiting the
sale of animals to research facilities.
WHEREAS, the City of Kent contracts with King County's
Licensing and Regulatory Services Division for animal control
services pursuant to the Interlocal Cooperation Act, RCW 39.34;
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 rendering such services on the terms
and conditions set forth by Interlocal Agreement and in
consideration of payment, mutual covenants and agreements set
forth therein; and
WHEREAS, the parties wish to renew their agreement for
animal control services through December 31, 1996; and
WHEREAS, the City has agreed to adopt regulations
consistent with the licensing, late penalties, impound redemption
and sheltering fees as set forth in King County's licensing
regulations; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 8.03 of the Kent City Code is
hereby amended as follows:
CHAPTER 8.03. ANIMAL CONTROL
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
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 and
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.
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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 division, department of general services, 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
obtains an unwanted dog or cat or who locates within 90 days an
adoptive 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 months if a docs
or cat is pregnant nursing or injured and that condition is
verified by a veterinarian.
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Cattery means a place where four 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 shoe An adult
�Icat is one of either sex altered or unaltered that has reached
Ilan age of six months.
Dangerous dog means that term as defined by RCW
1 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 division of the
department of general services.
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.
I� 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.
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
I� 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.
Hobby cattery means a noncommercial cattery at or
J adjoining a private residence where four or more adult cats are
bred or kept for exhibition for organized shows or for the
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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 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
freu'r--(4 ) 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
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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.
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
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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 under control so as
to be restrained 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 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.
Sec. 8.03.040. License --Required.
A. Requirements. All dogs and cats harbored, kept or
maintained in city over four (4) menths 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 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.
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Sec. 8.03.050. Base-- License --Fees.
A. Dog and cat licenses shall be issued by the animal
control authority upon application and payment of an annual
license fee to the county treasurer. Such license fees shall be
as established by the animal control division, department of
general services, King County.
B. Residents sixty-five (65) years of age or older
shall be entitled to purchase a special permanent license for the
lifetime of cats or dogs which are neutered or spayed for which
they are the registered owners when the animals are maintained at
their owner's registered address. Eligible residents may purchase
the special permanent animal licenses at a cost as established by
the animal control division, department of general services, King
County, and they shall not be required to purchase a new license
annually for the lifetime of such licensed animals.
C. No person shall be granted more than three (3)
special permanent animal licenses for any combination of three
(3) cats and dogs for which such person is the registered owner.
D. The animal control authority is authorized to
enact the necessary rules and procedures to efficiently implement
the program. 'Phe annual
lieense-fee -skk_, , ,,....eem due ..-a _pa aen
*prj:j1 Pet licenses for unaltered dogs and
cats will be valid for a term of one year from the date of
issuance expiring on the last day of the twelfth month. Pet
licenses for altered dogs and cats will be valid for two years.
Applications for dog or cat licenses shall be on forms provided
by the animal control authority. No proration of a license fee
for a portion of the calendar year shall be made. Renewal
licenses will retain the original expiration period whether
renewed prior to on or after their respective renewal month.
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E. An annual fee shall be paid by owners of dangerous
or potentially dangerous dogs as provided in section 8.03.230.
F. All fees and fines collected under this chapter
shall be deposited in the county current expense fund.
G. Juvenile licenses must be obtained for pets from
_four weeks to six months of age.
L.. owners of dogs and/or cats which hold valid
licenses from other Jurisdictions and who move into King Count
may transfer the license by paying a transfer fee. Such license
shall maintain the original expiration date.
I. It shall be a violation of this chapter for any
person to sell or transfer ownership of any pet without a pet
license The King County animal control authority shall be
notified of the same address and telephone number of the new
owner by the person who sold or transferred the pet.
Sec. 8.03.060. Same --Penalty.
In addition to paying the appropriate license fee, a
late penalty as established by the animal control division,
department of general services, King County, shall be charged on
all applications received thirty days after the date of renewal
April thirtleth of eae yearp provided, however, that no late
penalty shall be charged if:
1. The owner submits proof of purchase of the animal
within the preceding thirty (30) days;
2. The owner has moved into the city within the
preceding thirty (30) days;
3. The animal had been under the age which requires a
license (four (4) menthe weeks);
4. The owner purchases the license voluntarily, prior
to in-person or field contact by animal control personnel; or
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5. The owner submits other proof deemed acceptable in
the department's rules and regulations.
Sec. 8.03.070. Same--Nonapplicability.
The provisions of sections 8.03.040--8.03.060 shall not
apply to dogs or cats in the custody of a veterinarian or animal
shelter or whose owners are nonresidents temporarily within the
city for a period not exceeding thirty (30) days.
Sec. 8.03.080. Animal shelter, kennel, grooming parlor, cattery,
hobby kennel, and pet shop license --Required.
It is unlawful for any person to keep or maintain any
animal shelter, kennel, grooming parlor cattery hobby kennel.
or pet shop within the city without first obtaining a license.
The fee for such license shall be as established by the animal
control division, department of general services, King County.
Each license and certificate of inspection issued pursuant to
this chapter shall be conspicuously displayed at the
establishment to which such license was issued. The license shall
be dated and numbered and shall bear the name of King County,
Washington, the name and address of the owner or keeper of the
establishment, and the expiration date of the license. The
license shall run for a period of one (1) year from the date of
purchase.
Sec. 8.03.090. Same --Compliance with local zone and health
regulations.
A. Zoning compliance. The applicant for an original
animal shelter, kennel, grooming parlor, cattery, hobby kennel
or pet shop license shall, prior to issuance of such license the
animal shelter, e she er kennel lieense, present to the
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animal control authority a any required zoning permit from the
city planning department.
B. Health inspection. Before an animal shelter,
kennel, grooming parlor, cattery, hobby kennel, or pet shop
license may be issued by the animal control authority, a
certificate of inspection from the Seattle -King County health
department or King County animal control division must be issued
showing that the animal shelter, kennel, grooming parlor,
cattery, hobby kennel, or pet shop is in compliance with hygienic
standards of this chapter or other applicable ordinances or
regulations.
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ISec. 8.03.100. Same --Reporting required.
Each animal shelter, kennel, grooming parlor, cattery,
hobby kennel, or pet shop shall provide a list to the animal
control authority, quarterly, based upon the calendar year, of
fall dogs and cats auctioned off, given away, sold or otherwise
disposed of. The list shall include the origin, age and type of
idog or cat, and the name and address of the person to whom the
dog or cat was given or purveyed.
Sec. 8.03.110. Same --Inspection.
It shall be the duty of the director, or his designee,
of the Seattle -King County department of public health or the
animal control authority to make or cause to be made such
inspections as may be necessary to insure compliance with other
applicable sections of this chapter. The owner or keeper of an
animal shelter, kennel, grooming parlor cattery, hobby kennel,
or pet shop shall admit to the premises, for the purpose of
making an inspection, any officer, agent or employee of the
Seattle -King County department of public health or animal control
authority at any reasonable time that admission is requested.
Sec. 8.03.120. O&MG -Ift nsanitary conditions unlawful.
It is unlawful to keep, use or maintain within the city
any animal shelter, kennel, grooming parlor, cattery, hobby
kennel, or pet shop that is li:unsanitary, nauseous, foul or
offensive, or in any way detrimental to public health and/or
safety and not in compliance herewith. Failure to comply with
section 8.03.110 and this section may be cause for revocation or
denial of a license to use, keep or maintain such animal shelter,
kennel, grooming parlor, cattery hobby kennel, or pet shop.
Sec. 8.03.130. Same --Conditions.
Animal shelters, kennels, grooming parlor, cattery,
hobby kennel, and pet shops shall meet the following conditions:
1. Housing facilities shall be provided the animals
and such shall be structurally sound and shall:
a. Be maintained in good repair;
b. Be designed so as to protect the animals from
injury;
C. Contain the animals; and
d. Restrict the entrance of other animals.
2. Electric power shall be supplied in conformance
with city, county, and state electrical codes adequate to supply
lighting and heating as may be required by this chapter. Water
shall be supplied at sufficient pressure and quantity to clean
indoor housing facilities and primary enclosures of debris and
excreta.
3. Suitable food and bedding shall be provided and
stored in facilities adequate to provide protection against
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infestation or contamination by insects or rodents. Refrigeration
shall be provided for the protection of perishable foods.
4. Provision shall be made for the removal and
disposal of animal and food wastes, bedding, dead animals, and
debris. Disposal facilities shall be maintained in a sanitary
condition, free from the infestation or contamination of insects,
rodents or disease, and from obnoxious or foul odors.
5. Washroom facilities, including sinks and toilets,
with hot and cold running water, must be conveniently available
for cleaning purposes, and a large sink or tub provided for the
purpose of washing utensils, equipment and facilities.
6. Sick animals shall be separated from those
appearing healthy and normal and, if for sale, shall be removed
from display and sale. Sick animals shall be kept in isolation
quarters with adequate ventilation to prevent contaminating
healthy animals.
7. There shall be an employee on duty at all times
during hours any shelter, kennel, grooming parlor, cattery, hobby
kennel, or pet shop is open.
8. An employee or owner shall come in to feed, water
and do the necessary cleaning of animals and birds on days the
shelter, kennel, grooming parlor, cattery, hobby kennel, or pet
shop is closed.
9. No person shall knowingly sell a sick or injured
animal or bird.
10. No person shall misrepresent an animal or bird to
a consumer in any way.
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See. 8.03.140. 8aee--Indoor facilities.
Animal shelters, kennels, grooming parlor, cattery,
hobby kennel, and pet shops which have indoor housing facilities t
for animals and birds shall:
1. Be sufficiently heated or cooled to protect such
animals from temperatures to which they are not normally
acclimatized.
2. Be adequately ventilated to provide for the health
of animals contained therein and to assist in the removal of foul
and obnoxious odors. Provision shall be made so that the volume
of air within any enclosed indoor facility shall be changed three
(3) times or more each hour. This may be accomplished through the
location and periodic opening of doors and windows. If fans or
ventilating equipment are used, they shall be constructed in
conformance with current standards of good engineering practice
with respect to noise and minimization of drafts.
3. Have sufficient natural or artificial lighting to
permit routine inspection and cleaning at any time of day. In
addition, sufficient natural or artificial lighting shall be
supplied in the area of sinks and toilets to provide for the
hygiene of animal caretakers.
4. Have interior wall and ceiling surfaces
constructed of materials which are resistant to the absorption of
moisture and odors, or such surfaces shall be treated with a
sealant or with paint when such materials are not originally
resistant to moisture or odors. Floor surfaces shall not be made
of unsealed wood. In addition, interior walls shall be
constructed so that the interface with floor surfaces is sealed
from the flow or accumulation of moisture or debris.
5. Contain a drainage system which shall be connected
to a sanitary sewer or septic tank system which conforms to the
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,standards of building codes in force within the city and shall be
(designed to rapidly remove water and excreta in the cleaning of
such indoor housing facility under any condition of weather or
temperature. This requirement shall not apply to hobby kennels
and pet shops. All indoor housing facilities for animals, fish,
,,or birds shall be maintained in a clean and sanitary condition
'land a safe and effective disinfectant shall be used in the
�Icleaning of such facilities.
6. Conform with all applicable development standards
jof title 15, zoning.
Sec. 8.03.150. ease --outdoor facilities.
Animal shelters, kennels, grooming parlor, cattery,
hobby kennel. and pet shops which have outdoor facilities for
animals and birds shall:
1. Be constructed to provide shelter from excessive
sunlight, rain, snow, wind, or other elements. In addition, such
facilities shall be constructed to provide sufficient space for
the proper exercise and movement of each animal contained
therein.
2. Be constructed to provide drainage and to prevent
the accumulation of water, mud, debris, excreta, or other
materials and shall be designed to facilitate the removal of
animal and food wastes.
3. Be constructed with adequate walls or fences to
contain the animals kept therein and to prevent the entrance of
other animals.
4. Shall conform with all applicable development
standards of title 15, zoning.
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Sec. 8.03.160. Hobby kennel license --Required.
A. License required. It is unlawful for any person to j
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keep and maintain any dog or cat within the city for the purposes i
of a hobby kennel without obtaining a valid and subsisting
license therefor. The fee for such license shall be established
by the animal control division, department of general services,
King County.
B. Limitation of number of dogs and cats allowed. The
total number of dogs and cats over four (4) months of age kept by
a hobby kennel shall not exceed the total number authorized by
the King County animal control division based on the following
guidelines:
1. The number of animals permitted shall be
established by the King County animal control division based on
such factors as animal size, type and characteristics of the
breed and whether the amount of lot area contains five (5) acres
or more; the maximum number of animals shall not exceed ten (10)
where the lot area contains thirty-five thousand (35,000) square
feet but less than five (5) acres and the maximum number shall
not exceed five (5) where the lot area is less than thirty-five
thousand (35,000) square feet.
2. All open run areas shall be completely
surrounded by a six-foot fence set back at least twenty (20) feet
from all property lines.
3. No commercial signs or other appurtenances
advertising the kennel are permitted on the property.
4. The director may require additional setback,
fencing, screening, or soundproofing requirements as deemed
necessary to insure the compatibility of the hobby kennel with
surrounding development.
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5. The hobby kennel shall limit dog and cat
reproduction to no more than twelve (12) offspring per license
year.
6. Each animal in the hobby kennel shall have
current and proper immunization from disease according to the
animal's species and age. For dogs such shall consist, as a
minimum, of DHL inoculation for dogs over three (3) months of age
and rabies inoculations for those over six (6) months of age.
Sec. 8.03.170. Grooming parlors --License required.
It is unlawful for any person to keep or maintain any
grooming parlor without first obtaining a valid and subsisting
license therefor. The fee for such license shall be as
established by the animal control division, department of general
services, King County. However, if the grooming parlor is
operated as a part of the business of a kennel, or a pet shop,
the fee shall be as established by the animal control division,
department of general services, King County. Such fee shall be in
addition to the fee established for a kennel or pet shop license.
Sec. 8.03.180. Same --Conditions.
Grooming parlors shall:
1. Not board animals but keep only dogs and cats for
a reasonable time in order to perform the business of grooming.
2. Provide such restraining straps for the dog or cat
while it is being groomed so that such animal shall neither fall
nor be hanged.
3. Sterilize all equipment after each dog or cat has
been groomed.
4. Not leave animals unattended before a dryer.
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5. Neither prescribe nor administer treatment or
medicine that is the province of a licensed veterinarian as
provided in RCW 18.92.010.
6. Not put more than one (1) animal in each cage.
7. Have floors and walls in rooms, pens and cages
used to retain animals or in areas where animals are clipped,
,groomed or treated constructed of water -impervious material that
Ican readily be cleaned, and which must be maintained in good
,repair.
8. Have hot and cold water conveniently available and
a large sink or tub provided (minimum size twenty-four (24)
inches by eighteen (18) inches by twelve (12) inches).
9. Have toilet and hand washing facilities with hot
and cold running water conveniently available for personnel
employed.
10. Have only equipment necessary to the operation of
the licensed establishment kept or stored on the premises which
shall only be stored in a sanitary or orderly manner.
11. Have all cages, pens, or kennels used for holding
animals kept in a clean and sanitary condition and disinfected on
a routine basis.
12. Comply with all applicable development standards
��of title 15, zoning.
Sec. 8.03.190. Animal shelters, catteries, hobby kennels,
kennels, pet shops, grooming parlors, guard dog purveyors, guard
dog trainers and guard dog owners --Additional conditions.
A. The director is authorized to promulgate rules and
regulations not in conflict with this chapter as they pertain to
the conditions and operations of animal shelters, catteries,
hobby kennels, kennels, pet shops, and grooming parlors, guard
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dog purveyors, guard dog trainers and guard dog owners. Such
rules and regulations shall be enacted in accordance with county
procedures for adopting such rules and regulations.
B. The animal control authority may, in addition to
other penalties provided in this chapter, revoke, suspend or
refuse to renew any animal shelter, cattery, hobby kennel,
kennel, grooming parlor, pet shop, guard dog purveyor, guard dog
trainer license or guard dog registration upon good cause or for
failure to comply with any provision of this chapter, provided,
however, enforcement of such revocation, suspension or refusal
shall be stayed during the pendency of an appeal filed pursuant
to section 8.03.370.
See. 8.03.200. Same—Licenses, registration --Revocation,
suspension, refusal to renew,
or refusal waiting PORiOdv-
A. The animal control authority may in addition to
other penalties provided in this title revoke suspend, or
refuse to renew any animal shelter cattery, hobby kennel
kennel grooming parlor pet shop guard dog purveyor, guard dog
trainer license or guard dog registration upon good cause or for
failure to comply with any provision of this title.
B. No applicant shall be issued an animal shelter,
cattery, hobby kennel, kennel, grooming parlor, pet shop, guard
dog purveyor, guard dog trainer license or guard dog registration
who has previously had such license or registration revoked, or a
renewal refused, for a period of one (1) year after the date of
revocation or refusal and until such applicant meets the
requirements contained in this chapter to the satisfaction of the
animal control authority.
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sec. 8.03.210. Animal nuisances defined.
For purposes of this section, violations of this
(section are nuisances and shall include but not be limited to the
following:
1. Any public nuisance relating to animal control
known at common law or in equity jurisprudence.
2. Animals, excluding household pets, such as dogs
and cats, but particularly horses, mules, rabbits, bovine
animals, lambs, goats, sheep, birds, hogs, chickens or other
animals made to be domestic, being kept in residential districts
on lots of less than twenty thousand (20,000) square feet.
3. A dog, whether or not dangerous or potentially
dangerous as defined by RCW 16.08.070, running at large within
the city.
4. Any domesticated animal, whether licensed or not,
which runs at large in any park or enters any public beach, pond,
fountain, or stream therein or upon any public playground or
school ground; provided, however, that this section shall not
prohibit a person from walking or exercising an animal in a
public park or on any public beach when such animal is on a
leash, tether or chain not to exceed eight (8) feet in length.
This section shall not apply to any blind person using a trained
Seeing Eye dog; to animal shows, exhibitions or organized dog
training classes where at least twenty-four (24) hours' advance
notice has been given to the animal control authority, by such
persons requesting to hold such animal shows, exhibitions or dog
training classes. In the case of potentially dangerous dogs as
defined and regulated in section 8.03.030 and sections 8.03.220
through 8.03.250, the provisions of sections 8.03.220 through
8.03.250 shall apply to the leashing, muzzling, and restraint of
such animals in public.
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5. Any animal which enters any place where food is
stored, prepared, served or sold to the public or any other
public building or hall. However, this section shall not apply to
any blind person using a trained Seeing Eye dog; to veterinary
offices or hospitals, or to animal shows, exhibitions or
organized dog-training classes where at least twenty-four (24)
hours' advance notice has been given to the animal control
authority, but such persons requesting to hold such animal shows,
exhibitions or dog-training classes.
6. A female domesticated animal whether licensed or
'not, while in heat, accessible to other animals for purposes
other than controlled and planned breeding.
7. Any domesticated animal which chases, runs after,
ior jumps at vehicles using the public streets and alleys.
I
8. Any domesticated animal which habitually snaps,
growls, snarls, jumps upon or otherwise threatens persons
lawfully using the public sidewalks, streets, alleys, or other
public ways.
9. Any animal, other than a dangerous dog or
potentially dangerous dog as defined by RCW 16.08.070 which has
exhibited vicious propensities and which constitutes a danger to
the safety of persons or property off his premises or lawfully on
his premises.
I
10. A vicious animal or animal with vicious
j propensities, other than a dangerous dog or potentially dangerous
dog as defined by RCW 16.08.070, which runs at large at any time,
or which is off the owner's premises not securely leashed and in
the control of a person of suitable age and discretion to control
I or restrain such animal.
21
11. Any domesticated animal which howls, yelps,
whines, barks, or makes other oral noises, in such a manner as to
disturb any person or neighborhood to an unreasonable degree.
12. Any domesticated animal which enters upon another
person's property without the permission of that person.
13. Animals staked, tethered, or kept on public
property without prior written consent of the county animal
control authority.
14. Animals on any public property not under control
by the owner or other competent person.
15. Animals kept, harbored, or maintained and known to
have a contagious disease unless under the treatment of a
licensed veterinarian;
16. Animals running in packs.
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
clearly indicates a different meaning:
Animal control authority means an entity acting
alone or in concert with other local governmental units for
enforcement of the animal control laws of the city, county, and
state and the shelter and welfare of animals.
Animal control officer means any individual
employed, contracted with, 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 licensure
of animals, control of animals, or seizure and impoundment of
animals, and includes any state or local law enforcement officer
22
or other employee who duties in whole or in part include
assignments that involve the seizure and impoundment of any
animal.
Dangerous dog means any dog that according to the
records of the appropriate authority:
1. Has inflicted severe injury on a human being
without provocation on public or private property;
2. Has killed a domestic animal without
,',provocation while off the owner's property; or
3. Has been previously found to be potentially
;;dangerous, the owner having received notice of such and the dog
!;again aggressively bites, attacks, or endangers the safety of
,!humans or domestic animals.
it
it Owner means any person, firm, corporation,
I' organization, or department possessing, harboring, keeping,
(having an interest in, or having control or custody of an animal.
Potentially dangerous dog means any dog that when
i unprovoked:
!; 1. Inflicts bites on a human or a domestic
�1
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
i.
domestic animals.
Proper enclosure of a dangerous dog means, while
il on the 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
'i designed to prevent the animal from escaping. such pen or
23
structure shall have secure sides and a secure top, and shall
also provide protection from the elements for the dog.
Severe injury means any physical injury that
results in broken bones or disfiguring lacerations requiring
multiple sutures or cosmetic surgery.
B. Ownership recruirements.
1. It is unlawful for an owner to have a
do in the cit without a certificate of registration
dangerous g Y
issued under this section. Sections 8.03.220 through 8.03.250
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 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
($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
($50,000.00), insuring the owner for any personal injuries
inflicted by the dangerous dog.
24
Sec. 8.03.230. Sane --Registration, fee.
A. The owner of a dangerous dog or potentially
dangerous dog shall obtain a certificate of registration from the
city's animal control authority.
B. An annual fee in the amount of one hundred dollars
($100.00) shall be paid by an owner of a dangerous or potentially
dangerous dog to the animal control authority upon application to
register dangerous dogs. The payment of this annual license fee
to the county treasurer is in addition to regular dog licensing
fees.
Sec. 8.03.240. gene --Unlawful activities.
A. It is unlawful for an owner of a dangerous or
!i 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
i
animal.
j 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.
Sec. 8.03.250. Same --Confiscation and penalties.
A. Any dangerous dog shall be immediately confiscated
by the animal control authority if:
25
ME
1. The dog is not validly registered under
section 8.03.220.
2. The owner does not secure the liability
insurance coverage required under section 8.03.220.
3. The dog is not maintained in the proper
enclosure.
4. The dog is outside of the dwelling of the
owner, or outside of the proper enclosure and not under physical
restraint of the responsible person.
B. In addition to the above, the owner shall be
guilty of a gross misdemeanor punishable in accordance with RCW
9A.20.021.
C. If a dangerous dog of an owner with a prior
conviction under this chapter attacks or bites a person or
another domestic animal, the dangerous dog shall be immediately
confiscated by the animal control authority, placed in quarantine
for the proper length of time, and thereafter destroyed in an
expeditious and humane manner.
Sec. 8.03.260. Unlawful acts against police department
dogs --Penalty for violation.
A. No person shall wilfully torment, torture, beat,
kick, strike or harass any dog used by a police department for
police work, or otherwise interfere with the use of any such dog
for police work by such department or its officers or members.
B. Any person who violates subsection A. of this
section shall be deemed guilty of a misdemeanor, punishable by
not more than ninety (90) days in jail or not more than a fine of
two hundred fifty dollars ($250.00), or both.
26
Sec. 8.03.270. Cruelty to animals --Unlawful acts designated.
It is unlawful for any person to:
1. Wilfully and cruelly injure or kill any animal by
any means causing it fright or pain.
2. By reason of neglect or intent to cause or allow
any animal to endure pain, suffering or injury or to fail or
neglect to aid or attempt alleviation of pain, suffering or
injury he has so caused to any animal.
3. Lay out or expose any kind of poison, or to leave
exposed any poison food or drink for man, animal or fowl, or any
substance or fluid whatever whereon or wherein there is or shall
be deposited or mingled, any kind of poison or poisonous or
deadly substance or fluid whatever, on any premises, or in any
unenclosed place or to aid or abet any person in so doing, unless
in accordance with the provisions of RCW 16.52.190.
4. Abandon any domestic animal by dropping off or
leaving such animal on the street, road or highway, or in any
other public place, or on the private property of another.
Sec. 8.03.280. Poisonous reptiles, poisonous snakes and
constrictor snakes.
A. It shall be unlawful to keep or harbor any
poisonous reptile, poisonous snake or constrictor snake, other
than constrictor snakes under ten (10) feet in length, within the
city.
B. All constrictor snakes legally allowed within the
city must be kept or harbored in a secure, locked cage when left
unattended.
C. This section shall not apply to zoological parks,
performing animal exhibitions, circuses or pet shops licensed by
the city. Pet shops within the city choosing to sell constrictor
27
snakes allowed under this section must plainly post in a
conspicuous place the following notice:
"It is illegal to keep or harbor constrictor snakes
over ten (10) feet in length within the City of Kent. Any person
who legally keeps or harbors constrictor snakes within the City
of Kent MUST keep the snake(s) in a secure, locked cage when left
unattended."
D. In addition to or as an alternate to any other
penalty provided in this chapter or by law, any person violating
this section shall incur a civil penalty. The penalty for the
first notice of violation shall be one hundred dollars ($100.00).
The penalty for the second notice of violation in any one-year
period is three hundred dollars ($300.00). The penalty for each
successive violation in any one-year period is five hundred
dollars ($500.00).
Sec. 8.03.290. Enforcement power.
A. The animal control authority is authorized to take
such lawful action as may be required to enforce the provisions
of this chapter and the laws of the state as they pertain to
animal cruelty, shelter, welfare and enforcement of control,
including regulation of dangerous and potentially dangerous dogs.
B. The animal control authority shall not enter
property or a building or residence designated for and used for
private purposes, unless a proper warrant has first been issued
upon a showing that the officer has reasonable cause to believe
an animal is being maintained in the building in violation of
this chapter; provided, however, that the animal control
authority, while pursuing or observing any animal in violation of
this chapter, may enter upon any public or private property,
except any building designated for and used for private purposes,
28
for the purpose of abating the animal violation being pursued or
observed.
C. No person shall deny, prevent, obstruct or attempt
to deny, prevent or obstruct an officer from pursuing any animal
observed to be in violation of this chapter. Further, no person
shall fail or neglect, after a proper warrant has been presented,
to promptly permit the animal control authority to enter private
property to perform any duty imposed by this chapter. Any person
violating this subsection is guilty of a misdemeanor.
D. The foregoing provisions of this section are in
addition to authorities and penalties relating to dangerous or
potentially dangerous dogs as provided in sections 8.03.220
through 8.03.250.
Sec. 8.03.300. Violations.
A. violations deemed nuisance abatement. All
violations of this chapter are detrimental to the public health,
safety, and welfare and are public nuisances. All conditions
which are determined after review by the director to be in
violation of this chapter shall be abated.
B. violations, misdemeanor, penalty. Except as to the
regulation of dangerous and potentially dangerous dogs under
sections 8.03.220 through 8.03.250, any person who allows an
animal to be maintained in violation of this chapter is guilty of
a misdemeanor punishable by fine of not more than two hundred
fifty dollars ($250.00) and/or imprisonment for a term not to
exceed ninety (90) days.
C. violations civil penalty. Except as to the
regulation of dangerous and potentially dangerous dogs under
sections 8.03.220 through 8.03.250, any person whose animal is
maintained in violation of this chapter shall incur a civil
29
penalty plus costs of the animal control authority. The penalty
for the first notice of violation shall be twenty-five dollars
($25.00); fifty dollars ($50.00) for the second notice of
violation in any one-year period; and one hundred dollars
($100.00) for each successive violation in any one-year period.
Sec. 8.03.310. Impounding.
A. Authorization. In addition to authorized actions
under sections 8.03.220 through 8.03.250 relating to dangerous
and potentially dangerous dogs, the director and his authorized
representative may apprehend any animals found doing any of the
acts defined as a public nuisance and/or being subjected to cruel
treatment as defined by law.
B. Notification of owners. Except as to dangerous or
potentially dangerous dogs as provided in sections 8.03.220
through 8.03.250, after any animals are apprehended, the animal
control authority shall ascertain whether they are licensed or
otherwise identifiable and, if reasonably possible, return the
animal to the owner together with a notice of violations of this
chapter. If it is not reasonably possible to immediately return
the animals to their owners, the animal control authority shall
notify the owners within a reasonable time by eertifie regular
mail or telephone that the animal has been impounded and may be
redeemed. Except as to dangerous or potentially dangerous dogs as
provided in sections 8.03.220 through 8.03.250, aia any currently
licensed animal impounded pursuant to this chapter shall be held
for the owner at least one hundred twenty hours (120), after
telephone contact by the impounding agency or for at least two
weeks after posting of the notification of impoundment by regular
mail; any other animal impounded pursuant to this chapter shall
be held for the owner at least seventy-two (72) hours, after
30
eeeipt of netrrreat=en by eertifled mail er by to ephene c•••eya
from the time of impoundment. The animal
control authority shall not sell any animals to research
institutes or licensed dealers for research purposes
animal seld-fie a -research institute pursuant
Bhall be held fer-,&n additienal one hundred
1-abeve-the required eTenty-t
twenty (129) heurs
this ehapter, inayhe released to the lieensed
of seventytwe--(72) hearB. Pt Is-- he reBpensibility-e
will hel:d the animal fer an additienal ene
dealerfe , ^ _
� 3S'I'Gl
the .,
hundred twenty (120)
hens - prier e - the Bale e€- the animal t-areseareh
Any ewnerraayredeem an animal in thestudyez
fees paid by the lieenBed dealers an-` the
st itu ^
a lieensed dealer
Bale of the na-I
divisien whieh shallby administrative
of animals- te-be- seld-te lieens
rule,
d -dealers and
et t al- ,.
re�=^''
institutes. The anifaal eentrel
di ;ha!3:,
by administrative
rule, Zhreugh required eentraet
dealers de -net sell nt � e
f' r'
nBtAutes-ata-rate emeess-ef
..h a l ^
qtituteB
r. ' M J
a
. a ins- eats,
a _ a � ,
that paid
i. , C
ii Vlll
�
ingure that lleensed
_ } ^ e
as
by researeh
L.1. l l
Vl
31
Q= E. Injured or diseased animals. Except as to
dangerous or potentially dangerous dogs as provided in sections
8.03.220 through 8.03.250, any animal suffering from serious
injury or disease may be humanely destroyed, or, in the
discretion of the impounding authority, may be held for a longer
period and redeemed by any person on payment of charges not
exceeding those prescribed herein.
Sea. 8.03.320. Euthanasia, sale, or adoption of animals not
redeemed; prohibitions.
A. Except as to dangerous or potentially dangerous
dogs as provided in sections 8.03.220 through 8.03.250, any
animal not redeemed shall be treated in one (1) of the following
ways as follows:
1. Humanely destroyed by euthanasia.
U L• !T 23-31 31 et Beq. , as new er hereafter
heweveraaacr i r I
that the -dealer s -1-6--a-1-1 eemply with the felle
i
-s,
lieensed-pursuant te 7 U.S.G. 2!31 et seq., aeeredited under -he
ef lahOrateL-t Animal Gare,
Bhall be Id-entifie4 by breed, eeler, age are
animal.
e. T a • aenee a. the a. tt. eaeh
32
gibed in
s; bseetien--2.a.
tinder the Amer
i aeepedited er exempted in the manner
of this seetien.
identifiesatlen,affixed
l6aberatery
d.
ire -X lift
viieias pre9eribe a le
8-.93 ,049 B.,
Ball
be
-e eldte a-lieees ed dealer ep reBear
medieal institute,
registered
ester-shall eemp
witheut
c Y :
the -;mitten p . . i ef the
a„a sueh ewner ean be i .a...a
ptwsuant te 7 U.S.G.
2131 et seq., aeeredited
tinder the Amer
-I
$eelatien ferAeepeditatien-,ef
l6aberatery
Animal Gare, er
exempted frem th �
. Lens ef 7 U.S.G. 2131
et Beq.t previded,
newever-that ee earehlab
ester-shall eemp
l -with -t the `e ,
e '' ng
J
a-resea-cellaberatery shall be identified breed, eeler, age,
andany ether -ferma ien-deefaedneeessar-€e- a reliable
identi f l eari-en--eche-,animal .
e. Be available, a all reason .bl.A..- times-,
inediea! institute, as defined in thisehapter, ritheut the
written -.e Liss-im--e€-the registered ste_e ewner.
33
4-r- 2. Made available for adoption. Except as to
,dangerous or potentially dangerous dogs as provided in sections
i
8.03.220 through 8.03.250, the owner of any animal impounded
pursuant to the provisions contained in this chapter may recover
!such animal or animals when all billable costs, redemption fees,
jpenalties, and boarding costs incurred in such impoundment have
been paid to the county comptroller, which payment may be
accepted by the animal control authority acting as agent for the
county.
a. All dogs and cats over the age of six
j months adopted from the King County animal shelter shall be
spayed and neutered prior to adoption A spay/neuter deposit
shall be charged for dogs and cats under the age of six months
which are too young to be spayed/neutered prior to adoption.
Failure to spay/neuter such do_q or cat is a violation of this
jchapter and a breach of the adoption contract and will result in
the forfeiture of the adoption and return of the dog or cat to
King County animal control for the required spay/neutering.
B. No licensed animal shall be made available for
j� research unless written permission is received from the animal's
owners. Further, no animal conveyed to the division by its owner
shall be made available for research without written permission
unless and until all reasonable efforts to locate the owner have
failed.
The niui • t+
i beard fer the sale s
34
Sec. 8.03.340. Same--Reports and records available for public
inspection.
filed by dealers er researeh laberateries pursuant te any state
er federal law shall be filed with the direeter ef animal eentrel
and all sueh reeerds shall be--}
B. All records required to be filed pursuant to this
chapter shall also be public and shall be available for
inspection by any interested person at any reasonable time during
normal county working hours.
Sec. 8.03.350. Additional enforcement.
Notwithstanding the existence or use of any other
remedy, the director may seek legal or equitable relief to enjoin
acts or practices and abate any conditions which constitute a
violation of this chapter or other regulations herein adopted.
Sec. 8.03.360. Violations; notice and order.
Subject to the provisions of sections 8.03.220 through
8.03.250 relating to dangerous or potentially dangerous dogs:
1. Whenever the director or authorized animal control
officer has found an animal maintained in violation of this
35
chapter, the director of the animal control authority shall
commence proceedings to cause the abatement of each violation.
2. The director or authorized animal control officer
shall issue a notice and order directed to the owner or the
person presumed to be the owner of the animal maintained in
violation of this chapter. The notice and order shall contain:
a. The name and address, if known, of the owner
or person presumed to be the owner of the animal in violation of
this chapter.
b. The license number, if available, and
description of the animal in violation sufficient for
identification.
C. A statement that the director or authorized
animal control officer has found the animal maintained illegally
together with a brief and concise description of the conditions
found to render the animal in violation of this chapter.
d. A statement of the action required to be
taken if the director of the animal control authority has
determined the following:
(1) If abatement is necessary, an order
shall require the abatement and such abatement shall be completed
within a certain time from the date of the order, as determined
by the director to be reasonable.
(2) That a civil penalty should be assessed,
the order shall require that the penalty shall be paid within
fourteen (14) days from the date of the order.
e. Statements advising that if any required
abatement is not commenced within the time specified, the
director of the animal control authority will proceed to cause
abatement and charge the costs thereof against the owner.
f. Statements advising:
36
(1) That a person having a legal interest in
the animal may appeal from the notice and order or any action of
the director of the animal control authority to the board of
appeals, provided the appeal is made in writing as provided by
this chapter, and filed with the director of the animal control
authority within fourteen (14) days from the date of service of
such notice and order; and
(2) That failure to appeal will constitute a
waiver of all rights to an administrative hearing and
determination of the matter.
3. The notice and order shall be served on the owner
or presumed owner of the animal in violation.
4. Service of the notice and order shall be made upon
all persons entitled thereto either personally or by mailing a
copy of such notice and order by certified mail, postage prepaid,
return receipt requested, to the person at his address as it
appears on the last equalized assessment roll of the county.
5. Proof of personal service of the notice and order
shall be made at the time of service by a written declaration
under penalty of perjury executed by the person effecting
service, declaring the time, date and manner in which service was
made.
6. The standards of this chapter shall be followed by
the director of the animal control authority in determining the
existence of an animal control violation and in determining the
abatement action required. The provisions of this section, do not
apply to actions by the authority or proceedings before the
director relating to dangerous dogs or potentially dangerous
dogs. Sections 8.03.220 through 8.03.250 shall apply to all
actions and procedures for dealing with dangerous dogs or
37
potentially dangerous dogs, including regulations promulgated
thereunder by the director.
Sec. 8.03.370. Appeals.
Subject to the procedures and requirements of sections
8.03.220 through 8.03.250 relating to dangerous or potentially
dangerous dogs:
1. Appeals. The King County board of appeals, as
established by article 7 of the King County Code, is designated
to hear appeals by parties aggrieved by actions of the director
of the animal control authority pursuant to this chapter. The
board may adopt reasonable rules or regulations for conducting
its business. Copies of all rules and regulations adopted by the
board shall be delivered to the director of the animal control
authority who shall make them freely accessible to the public.
All decisions and findings of the board shall be rendered to the
applicant in writing with a copy to the director of the animal
control authority.
2. Form of appeal. Any person entitled to service
under section 8.03.360 may appeal from any notice and order or
any action of the director of the animal control authority under
this chapter by filing at the office of the director of the
animal control authority within fourteen (14) days from the date
of the service of such order, a written appeal containing:
a. A heading containing the words: "Before the
board of appeals of the County of King."
b. A caption reading: "Appeal of "
giving the names of all appellants participating in the appeal.
C. A brief statement setting forth the legal
interest of each of the appellants of the animal involved in the
notice and order.
38
d. A brief statement in concise language of the
specific order or action protested, together with any material
facts claimed to support the contentions of the appellant.
e. A brief statement in concise language of the
relief sought, and the reasons why it is claimed the protested
order or action should be reversed, modified, or otherwise set
aside.
f. The signatures of all parties named as
appellants, and their official mailing addresses.
g. The verification (by declaration under
penalty of perjury) of at least one (1) appellant as to the truth
of the matters stated in the appeal.
3. Scheduling and notice of appeal. The board of
appeals shall set a time and place, not more than thirty (30)
days from such notice of appeal for hearing thereon. Written
notice of the time and place of hearing shall be given at least
ten (10) days prior to the date of the hearing to each appellant
by the manager -clerk of the board.
4. Procedures of appeal hearing. At the hearing, the
appellant shall be entitled to appear in person and be
represented by counsel and offer such evidence pertinent and
material to the action of the director. Only those matters or
issues specifically raised by the appellant in the written notice
of appeal shall be considered.
5. Failure to appear. Failure of any person to file
an appeal in accordance with this section shall constitute a
waiver of his rights to an administrative hearing.
6. Stay of enforcement during appeal. Enforcement of
any notice and order of the director of the animal control
authority issued under this chapter shall be stayed during the
OR
pending of an appeal, except impoundment of an animal which is
vicious or dangerous or cruelly treated.
7. Conflicting, differing provisions. In the event
that procedures for appeals adopted by the board of appeals are
different than those set forth in this section, the procedures of
the board of appeals shall control. If in the further event any
procedures for appeals adopted by the board of appeals conflict
with the provisions in this section relating to dangerous or
potentially dangerous dogs, the procedures of sections 8.03.220
through 8.03.250 and the implementing regulations of the board of
appeals shall control.
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 division, department
of general services, King County, for each such dog or cat, plus
an additional fee of an amount as established by the animal
control division, department of general services, 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 division, department
of general services, 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.
40
C. The provisions relating to redemption do not apply
to dangerous or potentially dangerous dogs as provided in
sections 8.03.220 through 8.03.250.
Sec. 8.03.390. Nuisances, removal.
A. Any animal constituting a public nuisance as
provided in this chapter shall be abated and removed from the
city by the owner or by the director of the animal control
authority, upon receipt of three (3) notices and orders of
violation by the owner in any one-year period. Where it is
established by record pursuant to this chapter and no finding was
entered showing that the owner will be able to provide reasonable
restraints to protect the public from repetitions of violations,
the director of the animal control authority shall notify and
direct the owner of the animal to abate the nuisance or remove
the animal from the city within ninety-six (96) hours from the
date of notice. If such animal is found to be within the confines
of the city after ninety-six (96) hours have elapsed from the
date of notice, the nuisance shall be abated and the animal
removed by the director of the animal control authority. Animals
removed pursuant to the provisions of this section shall be
removed from the city or be subjected to euthanasia by the animal
control authority.
B. Any dog or other animal which bites, attacks, or
attempts to bite one (1) or more persons two (2) or more times
within a two-year period is declared to be a public nuisance and
shall not be kept within the city forty-eight (48) hours after
receiving written notice from the director. Such animal found in
violation of this section will be impounded and disposed of as an
unredeemed animal, and the owner or keeper of such animal has no
right to redeem such dog or animal.
41
Sec. 8.03.400. Civil penalty and abatement costs.
A. Liability of owner. The civil penalty and the cost
of abatement are also personal obligations of the animal owner.
The prosecuting attorney on behalf of King County may collect the
civil penalty and the abatement work costs by use of all
appropriate legal remedies.
B. Costs of enforcement action. In addition to costs
and disbursements provided for by statute, the prevailing party
in a collection action under this chapter may, in the court's
discretion, be allowed interest and a reasonable attorney's fee.
The prosecuting attorney shall seek such costs, interest, and
reasonable attorney's fees on behalf of King County when the
county is the prevailing party.
Sec. 8.03.410. Supplemental provisions.
The provisions of sections 8.03.390 through 8.03.400,
are in addition to other remedies in sections 8.03.220 through
8.03.250 for purposes of regulating dangerous or potentially
dangerous dogs.
Sec. 8.03.420. Waiver of fees and penalties.
A. The animal control director has the authority to
waive licensing fees late licensing penalty fees and redemption
and sheltering fees in whole or in part when to do so would
further the goals of the animal control section and be in the
public interest.
B. In determining whether a waiver should apply. the
animal control director must take into consideration the
following elements:
1. The reason the animal was impounded;
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2. The reason of the basis for the violation,
and the likelihood the violation will not recur;
3. The total amount of the fees charged as
!compared with the gravity of the violation;
4. The effect on the owner the animal's welfare
land the animal control section if the fee(s) or penalties are not
!waived and no payment is received.
Section 2. 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.
Section 3. Effective Date. This ordinance shall take
effect and be in force thirty (30) days from and after its
passage, approval and publicatio as provided by la
o" "� / i
ATTEST:
BRENDA JACOBER/ CITY CLERK
JII;i )RHITE, MAYOR
43
APPROVED AS TO FORM:
t
,s
j
_�OGEPJ A. tft6vi H, CITY ATTORNEY
PASSED day of , 1994.
APPROVED day of , 1994.
PUBLISHED ��/ day of 1994.
I hereby certify that this is a true copy of Ordinance
No. 3 15(o , 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 JACO �,CTY CLERK
animal.ord
44