HomeMy WebLinkAbout2787Ordinance No. 2787
(Amending or Repealing Ordinances)
CFN=175 - Business License
Passed 6/2/1988
Animal Control
Amended
by Ord.
3429
(Sec. 9.16.08)
Amended
by Ord.
3837
(Secs. 8.03.030;8.03.040;8.03.045;8.03.210;
8.03.240)
Amended
by Ord.
3844
(Sec. 8.03.030;8.03.210)
Repealed
by Ord.
3979
(except Secs. 8.03.020;8.03.210(2)8.03.210(3);
8.03.210(4)
ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, relating to animal control,
regulating dangerous and potentially dangerous
dogs, and amending Kent City Code Chapter 9.16.
WHEREAS, the City of Kent presently maintains an animal
control ordinance codified in Chapter 9.16; and
WHEREAS, Chapter 16.08 PCW enacted by the 1987
Legislature regulates dangerous and potentially dangerous dogs and
prescribes certain penalties, including enforcement by local
animal control officers; and
WHEREAS, it is the intent of the Kent City Council to
provide for consistent enforcement of these new state animal
control requirements in the City; and
WHEREAS, the Council finds that the public's health,
safety, and welfare would be served by King County enforcement of
PCW Chapter 16.08 in the City of Kent; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. It is the Council's intent that the
regulation and control of potentially dangerous or dangerous dogs
as defined in Chapter 16.08 RCW should apply in the City of Kent
through enforcement by the City's interlocal agreement with King
County. It is the Council's further intent that the enforcement
standards as provided for in Chapter 16.08 RCW should control over
any other local standard of enforcement for such dangerous or
potentially dangerous dogs as provided for in Kent City Code 9.16.
follows:
Section 2. Kent City Code Chapter 9.16 is amended as
9.16.08. Definitions. In construing the provisions of
this chapter except where otherwise plainly declared or clearly
apparent from the context, words used herein shall be given their
common and ordinary meaning; in addition, the following
definitions shall apply:
A. "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.
B. "Animal" means any living creature except persons,
insects and worms.
C. "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.
D. "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.
E. "Dangerous dog" means that term as defined by
Chapter 16.08 PCW and KCC Chapter 9.16.66.
((E)) F. "Director" means the individual in charge of and
responsible for the King County Animal Control Division of the
Department of General Services.
((F)) G. "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.
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((G)) H. "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.
((H)) I. "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.
((I)) J. "Hobby kennel" means a noncommercial kennel at or
adjoining a private residence where four 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 of the species.
((J)) K. "Kennel" means a place where four 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 four
months.
((K)) L. "Leash" shall include a cord, thong or chain not
more than eight feet in length by which an animal is controlled by
the person accompanying it.
((L)) M. "Livestock" means horses, bovine animals, sheep,
goats, swine, reindeer, donkeys, mules and fowl.
((M)) N. "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 PCW
Chapter 16.08.
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((N)) 0. "Pack of dogs" means a group of three 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.
((0)) P. "Person" means any individual, partnership, firm,
joint stock company, corporation, association, trust, estate or
other legal entity.
((P)) Q. "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.
R. "Potentially dangerous dog" means that term as
defined in Chapter 16.08 RCW and KCC Chapter 9.16.66.
((Q)) S. "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.
((R)) T. "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.
((S)) U. "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
((T)) V. "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.
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( (t). - JLVieiorts"-mearns -the-preperfsit.y 4-o do -any. act-t4aa4
m,igbt -endanger, tria..safet* o,£ any.-persen,, anional ox .proges-ky-o.&
ano4he4, •4ne1u4irig,-bu4- no -t 14eired-tor a-di-speait4o� to rw4sch4eLp
or fiarrenass_as..mi4ht-.occasianally_1oad-to.attock. oa 4uman..bein9a
wathaut_pr-o-voca.ticxr,-whe4.her—in—pla-y ex "itbreak- of, up-traiiioed
ma t L" a (-0.2416 .924))
W. "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 mi ht occasionally lead to attack on
human beings without provocation, whether in play or outbreak of
untrained nature.
9.16.12. LICENSING.
A. License Requirements. All dogs and cats harbored,
kept or maintained in City of Kent over four months of age shall
be licensed and registered annually; provided, however, that dogs
kept in kennels need not be licensed; as provided in Section
9.16.16; provided further, that this Section shall not apply to
dogs used by the Police Department for police work.
B. Fees. Dog and cat license shall be issued by the
Animal Control Authority upon application and payment of an annual
license fee made payable to the County Treasurer. Said license
fees shall be as established by the Animal Control Division,
Department of General Services, King County. Residents sixty-five
years of age or older shall be entitled to purchase a special
permanent license for the lifetime of cats or dogs for which they
are the registered owners when said animals are maintained at said
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 annually purchase a new
license for the lifetime of such licensed animals; provided that
no person shall be granted more than three permanent animal
licenses for any combination of three cats and dogs for which they
are the registered owner; provided further, that the Animal
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Control Authority is authorized to enact the necessary rules and
procedures to efficiently implement the program. The annual
license fee shall become due and payable on April 1st of each
year. Applications for a dog or cat license 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. All
license tabs issued herein shall be securely affixed 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. Dangerous Dogs An annual fee shall be paid by
owners of dangerous or potentially dangerous docs as provided in
KCC 9.16.66B.3.
((C)) D. 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 after April 30th of each
year; provided, however, that no late penalty shall be charged if:l
1. The owner submits proof of purchases of the
animal within the preceding thirty days; or
2. The owner has moved into the City within the
preceding thirty days; or
3. The animal had been under the age which
requires a license (four months); or
4. The owner purchases the license(s) voluntarily,'
prior to in-person or field contact by animal control personnel; o
5. The owner submits other proof deemed acceptable
in the department's rules and regulations.
((D)) F. Fees Collected. All fees and fines collected under
this Chapter shall be deposited in the County current expense fund
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((E)) F. Nonapplicability. The provisions of this Section
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 days.
9.16.64. NUISANCES DEFINED. For purposes of this
Chapter, violations of this Chapter are nuisances and shall
include but not be limited to the following:
A. Any public nuisance relating to animal control known
at common law or in equity jurisprudence;
B. Animals (excluding household pets, such as dogs and
cats), 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 square feet;
C. A dog,_whether or not dangerous or potentially
dangerous as defined by Chapter 16.08 RCW, running at large within
the City;
D. 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 feet in length; provided, however,
that 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 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; provided, further, that as to dangerous or
potentially dangerous dogs as defined and regulated in KCC Chapter
9.16.08 and 9.16.66, the provisions of KCC Chapter 19 16 66 shall
apply to the leashing, muzzling, and restraint of such animals in
public.
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E. Any animal which enters any place where food is
stored, prepared, served or sold to the public, or any other
public building or hall; provided, however, that this Section
shall not apply to dangerous dogs or potentially dangerous dogs,
or 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
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;
F. A female domesticated animal whether licensed or
not, while in heat, accessible to other animals for purposes other
than controlled and planned breeding;
G. Any domesticated animal which chases, runs after, or
jumps at vehicles using the public streets and alleys;
H. 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;
I. Any animals other than a dangerous dog or
potentially dangerous dog as defined by Chapter 16.08 PCW, 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;
J. A vicious animal or animal with vicious
propensities, other than a dangerous dog or potentially dangerous
dog as defined by Chapter 16.08 RCW, which runs at large at any
time, or which is of the owner's premises not securely leashed and
in the control of a person of suitable age and discretion to
control or restrain such animal;
K. Any domesticated animal which howls, helps, whines,
barks, or makes other oral noises, in such a manner as to disturb
any person or neighborhood to an unreasonable degree;
L. Any domesticated animal which enters upon another
person's property without the permission of that person;
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M. Animals staked, tethered, or kept on public property
without prior written consent of the County Animal Control
jAuthority;
i,
N. Animals on any public property not under control by
the owner or other competent person;
I
0. Animals kept, harbored, or maintained and known to
jhave a contagious disease unless under the treatment of a licensed,
veterinarian;
i
P. Animals running in packs. (C.2316, §6)
9.16.66.
A.
DANGEROUS AND POTENTIALLY DANGEROUS DOGS.
Definitions.
1. "Potentially dangerous dog" means any dog that
when unprovoked:
a. inflicts bites on a human or a domestic
animal either on public or private property, or
b. chases or approaches a person upon the
streets, sidewalks, or any public grounds in a menacing fashion or
apparent attitude of attack, orany dog with a known propensity,
tendency, or disposition to attack unprovoked, to cause injury, or
to cause iniury or otherwise to threaten the safety of humans or
domestic animals.
2. "Dangerous dog" means any dog that according to
the records of the appropriate authority,
a. has inflicted severe injury on a human
being without provocation on public or private property,
b. has killed a domestic animal without
provocation while off the owner's property, or
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C. 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.
3. "Severe injury" means any physical injury that
results in broken bones or disfiguring lacerations requiring
multiple sutures or cosmetic surgery.
4. "Proper enclosure of a dangerous dog" means,
while 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
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.
5. "Animal control authority" means an entity
acting alone or in concert with other local government units for
enforcement of the animal control laws of the city, county, and
state and the shelter and welfare of animals.
6. "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
or other employee who duties in whole or in part include
assi nir.ents that involve the seizure and impoundment of any animal
7. "Owner" means any person, firm, corporation,
organization, or department possessing, harboring, keeping, having
an interest in, or having control or custody of an animal.
B. Ownership Reguirements.
1. It is unlawful for an owner to have a dangerous
dog in the City without a certificate of registration issued under
this section This section shall not apply to dogs used by law
enforcement official for police work.
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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 chapter 48.28 RCW in a form acceptable to the
animal control authority in the sum of at least fifty thousand
dollars, payable to any person injured by the vicious dog; or
S. A policy of liability insurance, such as
homeowner's insurance, issued by an insurer qualified under Title
48 RCW in the amount of at least fifty thousand dollars, insuring
the owner
for an
)ersonal injuries inflicted by the dangerous do
3. 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 b paid by an owner of a dangerous or
potentially dangerous dog to the Animal Control Authority upon
application and payment of an annual license fee payable to the
County Treasurer, in addition to regular dog licensing fees, to
register dangerous dogs.
C. Unlawful Activities
1. 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 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
res
Aration but shall prevent it from biting any person or animal.
2. 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 wa;
commiting or attempting to commit a crime.
D. Confiscation and Penalties.
1. Any dangerous dog shall be immediately
confiscated by the animal control authority if the:
City Code 9.16.66;
a. dog is not validly registered under Kent
b. owner does not secure the liability
insurance coverage required under Kent City Code 9.16.66;
enclosure:
c. dog is not maintained in the proper
d. dog is outside of the dwelling of the
owner, or outside of the proper enclosure and not under physical
restraint of the responsible person.
2. In addition to the above, the owner shall be
guilty of a gross misdemeanor punishable in accordance with
RCW 9A.20.021.
3. If a dangerous dog of an owner witha 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, laced in quarantine
for the proper length of time, and thereafter destroyed in an
expeditious and humane manner.
E. Severability. If any provision of this section or
its application to any person or circumstance is held invalid, the
remainder of this section and chapter or the application of such
provisions to other persons or circumstances are not affected
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9.16.80.
ENFORCEMENT POWER.
A. The Director and his/her authorized animal control
officers are authorized to take such lawful action as may be
required to enforce the provisions of this Chapter and the laws of
the State of Washington as they pertain to animal cruelty,
shelter, welfare and enforcement of control((.)), including
regulation of dangerous and potentially dangerous dogs.
B. The Director or his or her authorized animal control)
officer 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
Director of the Animal Control Authority and his/her authorized
animal control officers, 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, 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 director or the authorized Animal Control
Officer to enter private property to perform any duty imposed by
this Chapter. Any person violating this subsection is guilty of a
misdemeanor. (0.2316, §5A)
D. The foregoing provisions of this section are in
addition to authorities and penalties relating to dangerous or
potentially dangerous dogs as provided in KCC 9.16.66
9.16.84. VIOLATIONS.
A. Violations Deemed Nuisance --Abatement. All
violations of ((this)) Chapter 9.16 are detrimental to the public
health, safety, and welfare and are public nuisances. All
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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
,KCC 9.16.66, any person who allows an animal to be maintained in
,violation of this Chapter is guilty of a misdemeanor punishable byl
;fine of not more than two hundred fifty dollars and/or
;imprisonment for a term not to exceed ninety days. j
i
C. Violations --Civil Penalty. Except as to the
regulation of dangerous and potentially dangerous dogs under
KCC 9.16.66, ( (fin adds-tien -to Qr-as -an -alternatQ.to_arLy cith-ax
penaaty.prcvided _in .th" Q';ap,t,er--or—by- l-aw-,) ) any person whose
animal is maintained in violation of this Chapter shall incur a
civil penalty plus costs of the Animal Control
Authority. The penalty for the first notice of violation shall be
twenty-five dollars; fifty dollars for the second notice of
violation in any one-year period; and one hundred dollars for each
successive violation in any one-year period. (0.2316, §5L)
9.16.88. IMPOUNDING.
A. In addition to authorized actions under KCC 9.16.66
relating to dangerous and potentially dangerous dogs, the ((RPh,&))
Director and his or her 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. Except as to dangerous or potentially dangerous dogs as
provided in KCC 9.16.66, after any ((eft -erg-)) 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, and if it is not reasonably possible
to immediately return the animals to ((ate-)) their owners, the
Animal Control Authority shall notify the owners within a
reasonable time by certified mail or telephone that the animal has
been impounded and may be redeemed. Except as to dangerous or
potentially dangerous dogs as provided in KCC 9.16.66, ((-Ani))
animal impounded pursuant to this Chapter shall be held for the
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;owner at least seventy-two hours, after his or her receipt of
,notification by certified mail or by telephone from the impounding
;agency; provided that any animal sold to a research institute
;pursuant to this Chapter shall be held for an additional one
hundred twenty hours over and above the required seventy-two hours
specified; provided further, that any animal sold to a licensed
"dealer, pursuant to this Chapter, may be released to the licensed
'dealer following custody of the animal by the Animal Control
;Division for a period of seventy-two hours; provided further, that,
it is the responsibility of the Animal Control Division to monitor
;and insure that the licensed dealer will hold the animal for an
;additional one hundred twenty hours prior to the sale of the
anircal to a research institute; provided further, that any owner
!may redeem an animal in the study of a licensed dealer by
complying with the fees and redemption procedure of the Animal
'Control Division, and Animal Control Division shall return all
fees paid by the licensed dealer, and the sale of the animal shall
ibe declared null and void; provided further, that the advisory
board may make recommendations to the Animal Control Division
!which shall, by administrative rule, set the sales price of
animals to be sold to licensed dealers and research institutes;
provided further, that the Animal Control Division shall, by
administrative rule, through required contract provisions, insure
that licensed dealers do not sell county purchased animals to
!'research institutes at a rate in excess of that paid by research
institutes purchasing animals directly from the Animal Control
Division. Except as to dangerous or potentially dangerous dogs as
j provided in KCC 9.16.66, 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.
B. Except as to dangerous or potentially dangerous dogs
as provided in KCC 9.16.66, any ((-At3y►)) animal not redeemed shall
be treated in one of the following ways;
1. Humanely destroyed by euthanasia;
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2. Sold to a dealer licensed pursuant to 7 U.S.C.
2131 et seq., as now or hereafter amended; provided, however, that
said dealer shall comply with the following requirements:
a. Animals purchased from the County shall be
sold only to research laboratories located in the State of
Washington licensed pursuant to 7 U.S.C. 2131 et seq., accredited
under the American Association for Accreditation of Laboratory
Animal Care, or to State or Federal research laboratories exempted
from the provisions of 7 U.S.0 2131 et seq.,
b. All animals purchased from the County
shall be identified by breed, color, age, and any other
information deemed necessary for a reliable identification of the
animal,
C. Provide evidence to the County that each
animal purchased from the County was sold to a research laboratory
fully licensed, accredited or exempted in the manner described in
subsection (1) of this Section,
d. No animal bearing a tattoo identification,
affixed in a manner as prescribed in Section 9.16.12 (b), shall be
sold to a licensed dealer or research medical institute, without
the written permission of the registered owner provided such owner
can be located;
3. Sold to a research laboratory licensed pursuant
to 7 U.S.C. 2131 et seq., accredited under the American
Association for Accreditation of Laboratory Animal Care, or
exempted from the provisions of 7 U.S.0 2131 et seq.; provided,
however, that said research laboratory shall comply with the
following requirements:
a. All animals purchased from the County by
said research laboratory shall be identified by breed, color, age,
and any other information deemed necessary for a reliable
identification of the animal,
b. Provide evidence to the County as to each
animal's disposition or use by the research laboratory,
=10sM
C. Be available, at all reasonable times, for
inspection by the King County Animal Control Division. Such
inspections shall be performed in the same manner as inspections
performed under Section 9.16.80,
d. Shall be physically located within the
State of Washington,
e. No animal bearing a tattoo identification,
affixed in a manner as prescribed in Section 9.16.12 (b) shall be
sold to a licensed dealer or research medical institute, as
defined in this Chapter, without the written permission of the
registered owner;
4. Made available for adoption. Except as to
dangerous or potentially dangerous dogs as provided in KCC
9.16.66, the owner of any animal impounded pursuant to the
provisions contained in this Chapter may recover said animal or
animals when all billable costs, redemption fees, penalties, 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.
C. The advisory board for the sale of animals,
previously authorized by King County Ordinance, is hereby
recognized to the same extent and for the same purpose for which
it was authorized. The advisory board shall be empowered to
conduct such inspections of facilities receiving animals under
this Section, as are necessary to insure that animals are treated
humanely. The board shall have the authority to prohibit the sale
of any animal to any dealer or research center when it has found
that any such dealer or research center is not treating animals
purchased from the Animal Control Division humanely.
D. A copy of all reports and records required to be
filed by dealers or research laboratories pursuant to any State or
Federal law shall be filed with the Director of Animal Control and
all such records shall be public and available for inspection at
any reasonable time during normal County working hours.
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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.
5. No licensed animal shall be made available for
research unless written permission is received from said 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. (0.2316, §5C)
9.16.92. 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. (0.2316, §5D)
9.16.96. VIOLATIONS --NOTICE AND ORDER.. Subject to the
provisions of KCC 9.16.66 relating to dangerous or potentially
dangerous dogs:
A. Whenever the Director or authorized Animal Control
Officer has found an animal maintained in violation of this
Chapter, the Director of the Animal Control Authority shall
commence proceedings to cause the abatement of each violation.
B. 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:
1. The name and address, if known, of the owner or
person presumed to be the owner of the animal in violation of this
Chapter.
2. The license number, if available, and
description of the animal in violation sufficient for
identification;
3. 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;
4. A statement of the action required to be taken
as determined by the Director of the Animal Control Authority:
1. If the Director has determined that
abatement is necessary, an order shall require the abatement shall
be completed within a certain time from the date of the order, as
determined by the Director to be reasonable.
2. If the Director of the Animal Control
Authority has determined to assess a civil penalty, the order
shall require that the penalty shall be paid within fourteen days
from the date of the order;
5. 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;
6. Statements advising:
a. 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 days from the date of service of such
notice and order, and
b. That failure to appeal will constitute a
waiver of all rights to an administrative hearing and
determination of the matter.
C. The notice and order shall be served on the owner or
presumed owner of the animal in violation.
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D. 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.
E. 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.
F. 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. (0.2316, §9) The provisions of this
Section, KCC 9.16.96 A through F, do not apply to actions by the
Authority or proceedings before the Director relating to dangerous
dogs or potentially dangerous dogs. KCC 9 16 66 shall apply to
all actions and procedures for dealing with dangerous dogs or
potentially dangerous dogs, including regulations promulgated
thereunder by the Director.
9.16.100. APPEALS. Subject to the procedures and
requirements of KCC 9.16 66 relating to dangerous or potentially
dangerous dogs:
A. Appeals. The King County Board of Appeals, as
established by Article 7 of the King County Chapter, is designate
to hear appeals by parties aggrieved by actions of the Director o
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.
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B. Form of Appeal. Any person entitled to service
under Section 9.16.96 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 days from the date of the
service of such order, a written appeal containing:
1. A heading in the words: "Before the Board of
Appeals of the County of King;"
2. A caption reading: "Appeal of............"
giving the names of all appellants participating in the appeal;
3. A brief statement setting forth the legal
interest of each of the appellants in the animal involved in the
notice and order;
4. 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;
5. 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;
6. The signatures of all parties named as
appellants, and their official mailing addresses;
7. The verification (by declaration under penalty
of perjury) of at least one appellant as to the truth of the
matters stated in the appeal.
C. Scheduling and Noticing Appeal. The Board of
Appeals shall set a time and place, not more than thirty days fro
such notice of appeal for hearing thereon. Written notice of the
time and place of hearing shall be given at least ten days prior
to the date of the hearing to each appellant by the Manager -Clerk
of the Board.
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D. 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.
E. Failure of any person to file an appeal in
accordance with this Section shall constitute a waiver of his
rights to an administrative hearing.
F. Enforcement of any notice and order of the Director
of the Animal Control Authority issued under this Chapter shall be
stayed during the pending of an appeal, except impoundment of an
animal which is vicious or dangerous or cruelly treated.
G. In the event that procedures for appeals adopted by
the Board of Appeals are different than those set forth herein,
the procedures of the Board of Appeals shall control. If in the
further event any procedures for appeals are adopted by the Board
of Appeals conflict with the provisions herein relating to
dangerous or potentially dangerous dogs, the procedures of KCC
9.16 66 and the implementing regulations of the Board of Appeals
shall control.
H. Redemption Procedures.
Any animal impounded pursuant to the provisions of
Section 9.16.88 may be redeemed upon payment of the redemption fee
as provided herein. The redemption fee for dogs and cats 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
and shall be made payable to the County Comptroller. 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 livestoc}
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impounded shall be in accordance with the rate established by
contract between County and the given stock yard used for holding
such animal. The provisions relating to redem tion do not apply
to dangerous or potentially dangerous dogs as provided in KCC
9.16.66.
I. Nuisances --Removal.
1. Any animal constituting a public nuisance as
provided herein shall be abated and removed from the City by the
owner or by the Director of the Animal Control Authority, upon
receipt of three 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 Animal
Control Authority shall notify and direct the owner of the animal
to abate or remove the same from the City within ninety-six hours
from the date of notice. If such animal is found to be within the
confines of the City of Kent after ninety-six hours have elapsed
from, the date of notice, the same shall be abated and removed by
the Director of the Animal Control Authority. Animals removed
pursuant to the provisions of this Section shall be removed from
the City of Kent or be subjected to euthanasia by the Animal
Control Authority.
i
2. Any dog or other animal which bites, attacks,
or attempts to bite one or more persons two or more times within
two-year period is declared to be a public nuisance and shall not
be kept within the City of Kent forty-eight hours after receiving
written notice from the Director. Such animal or animals found ii
violation of this Section will be impounded and disposed of as an
unredeemed animal, and the owner or keeper of such animal(s) has
no right to redeem such dog or animal.
J. Civil Penalty and Abatement Costs --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 leaal
remedies.
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K. Costs of Enforcement Action. In addition to costs
i
and disbursements provided for by statute, the prevailing party inl
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. (0.2316, X10)
Supplemental Provisions. The provisions of this
subsection, KCC 9.16.100 I through K, are in addition to other
remedies in KCC 9.16.66 for purposes of regulating dangerous or
potentially dangerous dogs.
Section 4. Effective Date. This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval and publication as provided by law.
i
DAN KELLEHER, MAYOR
ATTEST:
IE JENB'ENJ CITY CLERK
APPROVED AS TO FORD:
OLL, CrT*-ATTORNEY
PASSED the day of
APPROVED the day of
PUBLISHED the day of
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, 1988.
, 1988.
, 1988.
I hereby certify that this is a true copy of Ordinance'
No. 6�, 7Y 7+, passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereof
indicated.
05230-190
c �CT�YCL`ERK
(SEAL)
MARIEN,
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