HomeMy WebLinkAbout2316Ordinance No. 2316
(Amending or Repealing Ordinances)
CFN=175 - Business Licensing
CFN=122 - Police/Fire Departments
Passed 10/19/1981
Animal Control, Licensing, Regulation of shelters & Repealing of Ords. 1850,
1951, & 2136
Amended by Ord.
Repealed by Ord.
8.03.210(4)
3429;3837;3844
3979 (except Secs. 8.03.090;8.03.210(2);8.03.210(3);
Ordinance No. C;� 31,E
An ordinance of the City of Kent, Washingt n
relating to animal control, providing for licensi g
of dogs and cats, regulation of animal shelter
kennels and pet shops and the licensing thereof,
providing for impoundment, redemption and disposal
of animals, declaring certain cats to be nuisances,
providing penalties for violations, and repealing
Ordinances 1850, 1951, and 2136.
Section 1. 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 ordinance 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.
Section 2. Definitions.
In construing the provisions of this ordinance 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 C 2e
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 ordinance 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) "Director" means the individual in charge of and
responsible for the King County Animal Control
Division of the Department of General Services.
(f) "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.
(g) "Euthanasia" means the humane destruction of an animal
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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) "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) "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) "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) "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.
(1) "Livestock" means horses, bovine animals, sheep,
goats, swine, reindeer, donkeys mules and fowl.
(m) "Owner" 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.
(n) "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.
(o) "Person" means any individual, partnership, firm,
joint stock company, corporation, association, trust,
estate or other legal entity.
(p) "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.
(q) "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) "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) "Shelter" means a facility which is used to house or
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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) "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.
(u) "Vicious" means the propensity to do any act that
might endanger the safety of any person, animal or
property of another, including, but not limited to, a
disposition to mischief or fierceness as might
occasionally lead to attack on human beings without
provocation, whether in play or outbreak of untrained
nature.
Section 3. 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 4, provided
further, that this section shall not apply to dogs
used by the Police Department for police work.
(b) Fees - Dog and cat licenses 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, Deparment 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 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 1 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 tags 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.
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(c) 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 30 of each year;
provided, however, that no late penalty shall be
charged if:
(1) The owner submits proof of purchase 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; or
(5) The owner submits other proof deemed acceptable
in the department's rules and regulations.
(d) Fees Collected - All fees and fines collected under
this chapter shall be deposited in the county current
expense fund.
(e) 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.
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A. Animal, Shelter, Kennel and Pet Shop License - Required.
It is unlawful for any person to keep or maintain any
animal shelter, kennel or pet shop within the City of Kent
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. 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, and 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 year
from the date of purchase.
B. Animal Shelter and Kennel License - Compliance With Local
Zone in-dHealth Regulations.
(1) Zoning Compliance. The applicant for an original
animal shelter, kennel, or pet shop license shall,
prior to issuance of the animal shelter, pet shop, or
kennel license, present to the animal control
authority a Zoning Permit from the City Planning
Department.
(2) Health Inspection. Before an animal shelter, 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
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County Animal Control Division must be issued showing
that the animal shelter, kennel, or pet shop is in
compliance with hygenic standards of this ordinance or
other applicable ordinances or regulations.
C. Hobby Kennel License - Required.
(1) License Required. It is unlawful for any person to
keep and maintain any dog or cat within the city for
the purposes 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.
(2) Limitation of Number of Dogs and Cats Allowed. The
total number of dogs and cats over four 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:
(a) 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 the
amount of lot area; provided, that the maximum
number shall not exceed twenty-five where the lot
area contains five acres or more; the maximum
number shall not exceed ten where the lot area
contains thirty-five thousand square feet but
less than five acres and the maximum number shall
not exceed five where the lot area is less than
thirty-five thousand square feet.
(b) All open run areas shall be completely surrounded
by a six-foot fence set back at least twenty feet
from all property lines.
(c) No commercial signs or other appurtenances
advertising the kennel are permitted on the
property.
(d) The Director may require additional setback,
fencing, screening, or soundproofing requirements
as he/she deems necessary to insure the
compatibility of the hobby kennel with
surrounding development.
(e) The hobby kennel shall limit dog and cat
reproduction to no more than twelve offspring per
license year.
(f) 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 months of age and
rabies inoculations for those over six months of
age.
D. Animal Shelters, Kennels and Pet Shops - Reporting Required.
Each animal shelter, kennel or pet shop shall provide a
list to the animal control authority, quarterly, based upon
the calendar year, of all dogs and cats auctioned off,
given away, sold or otherwise disposed of. The list shall
include the origin, the age and type of dog or cat, and the
name and address of the person to whom the dog or cat was
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given or purveyed.
E. Animal Shelters, Kennels and Pet Shops - Inspection.
(1) Inspection. It shall be the duty of the director or
his/her 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 ordinance. The owner or
keeper of an animal shelter, 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.
(2) Unsanitary Conditions Unlawful. It is unlawful to
keep, use or maintain within the city any animal
shelter, kennel or pet shop that is 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 this section may be
cause for revocation or denial of a license to use,
keep or maintain such animal shelter, kennel or pet
shop.
F. Animal Shelters, Kennels and Pet Shops - Conditions.
Animal shelters, kennels and pet shops shall meet the
following conditions:
(1) Housing facilities shall be provided the animals and
such shall be structurally sound and shall be
maintained in good repair; shall be designed so as to
protect the animals from injury; shall contain the
animals; and shall 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
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 or 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
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from display and sale. Sick animals shall be kept in
isolation quarters with adequate ventilation to
prevent contaminating well animals.
(7) There shall be an employee on duty at all times during
hours any shelter, 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 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.
G. Animal Shelters, Kennels and Pet Shops - Indoor Facilities.
Animal shelters, kennels and pet shops which have indoor
housing facilities 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 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 artifical
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 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; provided, this requirement shall not
apply to hobby kennels and pet shops. All indoor
housing facililties for animals, fish, or birds shall
be maintained in a clean and sanitary condition and a
safe and effective disinfectant shall be used in the
cleaning of such facilities.
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(6) Shall conform with all applicable development
standards of the Kent Zoning Code.
H. Animal Shelters, Kennels and Pet Shops - Outdoor Facilities.
Animal shelters, kennels 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
entrance of other animals.
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.
(4) Shall conform with all applicable development
standards of the Kent Zoning Code.
I. Grooming Parlors - 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;
(5) Not 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 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 can readily be cleaned, and which must
be maintained in good repair;
(8) Have hot and cold water be conveniently available and
a large sink or tub provided (minimum size twenty-four
inches by eighteen inches by twelve inches);
(9) Have toilet and handwashing 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;
0 1) Have all cages, pens, or kennels used for holding
animals kept in a clean and sanitary condition and
disinfected on a routine bases.
(12) Comply with all applicable development standards of
the Kent Zoning Code.
J. Animal Shelters Hobby Kennels Kennels Pet Shops,
Grooming arors3 Guard Dog PurveXors,Guard o rainers
and Guard Dog Owners - Additional Conditions.
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, hobby kennels, kennels, pet shops, and grooming
parlors, guard 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. Licenses, registration - Revocation,
suspension or refusal to renew. The animal control
authority may, in addition to other penalties provided in
this title, revoke, suspend or refuse to renew any animal
shelter, 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; provided, however, enforcement
of such revocation, suspension or refusal shall be stayed
during the pendency of an appeal filed pursuant to Section
(appropriate).
K. Licenses, Registration - Revocation or Refusal Waiting
Period.
No applicant shall be issued an animal shelter, 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 year after the date of revocation or refusal and until
such applicant meets the requirements contained herein to
the satisfaction of the animal control authority.
Section 5. Enforcement Power Enforcement Penalties and
Procedures
A. Enforcement power.
(1) 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
ordinance and the laws of the State of Washington as
they pertain to animal cruelty, shelter, welfare and
enforcement of control.
(2) The director or his authorized animal control officer
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shall not enter a building 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.
(3) 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.
B. Violations:
(1) 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.
(2) Violations - Misdemeanor - Penalty. 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 and/or
imprisonment for a term not to exceed ninety days.
(3) Violations - Civil Penalty. In addition to or as an
alternate to any other penalty provided in this
chapter or by law, any person whose animal is
maintained in violation of this chapter shall incur a
civil penalty plus billable 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.
C. Impounding.
(1) The director and his/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. After such 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
violation of this chapter, and if it is not reasonably
possible to immediately return the animal to its
owner, the animal control authority shall notify the
owner within a reasonable time by certified mail or
telephone that the animal has been impounded and may
be redeemed. Any animal impounded pursuant to this
chapter shall be held for the owner at least
seventy-two hours, after his receipt of notification
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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 animal to a research institute; provided
further, that any owner may redeem an animal in the
custody 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 be 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. 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.
(2) Any animal not redeemed shall be treated in one of the
following ways:
(a) Humanely destroyed by euthanasia.
(b) 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:
(1) 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 Accredition of
Laboratory Animal Care, or to state or
federal research laboratories exempted from
the provisions of 7 U.S.C. 2131 et seq.
(2) 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.
(3) 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.
(4) No animal bearing a tattoo identification,
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affixed in a manner as prescribed in Section
3 (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.
(c) 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.C. 2131 et seq.; provided,
however, that said research laboratory shall
comply with the following requirements:
(1) 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.
(2) Provide evidence to the county as to each
animal's disposition or use by the research
laboratory.
(3) 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 Sections (appropriate).
(4) Shall be physically located within the state
of Washington.
(5) No animal bearing a tattoo identification,
affixed in a manner as prescribed in Section
2 (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.
(d) Made available for adoption. 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.
3. 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.
4. 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
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during normal county working hours.
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.
D. 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.
Section 6. 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 (20,000) square feet.
(c) A dog 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;
(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 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, by 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;
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(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 animal 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
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 or restrain such animal;
(k) 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;
(1) Any domesticated animal which enters upon another
person's property without the permission of that
person;
(m) Animals staked, tethered, or kept on public propery
without prior written consent of the county animal
control authority;
(n) Animals on any public property not under control by
the owner or other competent person;
(o) Animals kept, harbored, or maintained and known to
have a contagious disease unless under the treatment
of a licensed veterinarian;
(p) Animals running in packs.
Section 7. Unlawful Acts against police department dos -
Penalty for Violation.
(a) No person shall willfully 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 said
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 days in jail or not more than two
hundred fifty dollar fine, or both.
Section 8. Cruelty to Animals - Unlawful Acts Designated.
It is unlawful for any person to:
(a) Willfully and cruelly injure or kill any animal by any
means causing it fright or pain;
(b) 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;
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(c) 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 uninclosed
place or to aid or abet any person in so doing, unless
in accordance with the provisons of RCW 16.52.190;
(d) 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.
Section 9. Violations - Notice and Order.
(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.
(a) 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,
(b) 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
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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 right 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.
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.
Section 10. Appeals.
(a) Appeals. The King County Board of Appeals as
established by Article 7 of the King County Chapter 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 appellant in writing with a copy to the
director of the animal control authority.
(b) Form of Appeal. Any person entitled to service under
Section 9 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 writen 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
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involved in the notice and order;
(4) A brief statement in concise language of the
specific order or action protested, together with
any material f acts 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 names 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
from 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.
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.
Redemption Procedures.
Any animal impounded pursuant to the provisions of Section
(appropriate) 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 livestock impounded
shall be in accordance with the rate established by contract
between county and the given stock yard used for holding such
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animal.
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 the 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.
(2) Any dog or other animal which bites, attacks, or
attempts to bite one or more persons two or more times
within a 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 in
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.
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 legal remedies.
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.
Section 11. Poisonous Snakes and Reptiles.
It shall be unlawful to keep or harbor any poisonous or
constrictor snake and/or any poisonous reptiles within the City
of Kent. This section shall not apply to zoological parks,
performing animal exhibitions, circuses, or pet shops licensed
by the City of Kent.
��,0--> Section 12.
This Ordinance shall constitute a new Section of the Kent
Municipal Code and may be coded as Section 9.02 of said Code.
Section 13. Conflict with Other Ordinances or Codes
In the event that the provisions of this ordinance conflict
with the provisions of any other ordinances or codes of the
City, then in that event the provisions of this ordinance shall
so
supercede any such provisions in conflict herewith.
Cortinn la
Ordinance 1850, 1951 and 2136 of the City of Kent be and the
same are hereby repealed.
Cortinn 19.
This Ordinance shall take effect and be in force five days
after its passage, approval and publication, as provided by law.
B N, MAYOR 0
ATTEST:
MAR N ��L K
PROVED AS TO FORM:
DONALD E. MIRK, CITY ATTORNEY
PASSED the 1— day of October, 1981.
APPROVED the X23 day of October, 1981.
PUBLISHED the -�R day of October, 1981.
I hereby certify that this is a true copy of Ordinance No. -�3 / (6 ,
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)
MARIE JENSEN, CITY CLERK
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