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ORDINANCE NO. o�Z
AN ORDINANCE OF THE CITY OF KENT, WASHINGTON,
REGULATING THE HARBORING AND RUNNING AT LARGE
OF ALL DOGS AND CATS WITHIN THE CORPORATE LIMITS
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OF THE CITY OF KENT, PROVIDING FOR THE LICENSING
SEIZURE, QUARANTINE, IMPOUNDING, SALE AND OTHER
DISPOSITION THEREOF; DECLARING CERTAIN ACTIONS
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TO BE PUBLIC NUISANCES; PRESCRIBING PENALTIES
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FOR VIOLATIONS; AND REPEALING ORDINANCE No.
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0.931 (1.956), SECTIONS 1, 22 3, 4 (sub -sections
A and B), 55 65 7, 8 and 9, AS AMENDED BY ORDI-
fl No. 0.1162 (1962) AND ANY OTHER ORDINANCES
OR PARTS THEREOF IN CONFLICT HEREWITH.
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THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. PURPOSE DECLARED. This Ordinance is enacted
for the purpose of regulating the keeping of cats and dogs within
the corporate limits of the City of Kent, Washington. The fees,
charges and penalties collected hereunder shall be budgeted to
defray, in whole or in part, the expense of such regulation.
Section 2. DEFINITIONS AND TERMS. As used in this
(Ordinance, unless the context otherwise indicates, the following
lwords and terms shall mean:
(a) "Animal" shall include both the male or female,
(natural or sterilized, cats and dogs.
(b) "Cat" or "Dog" shall include both male and female,
natural or sterilized.
(c) "Vicious animal" shall include those whose tem-
perament or habits create danger or injury to persons or other
animals or create a reasonable apprehension of injury to persons
or other animals.
(d) "Predatory animal" shall include any dog of either
sex whose action or habits customarily defiles, despoils or
damages property of others.
(e) "Owner" or "Keeper" shall include any person,
association or corporation owning, keeping or harboring an animal.
(f) "At large" means to be off the premises of the
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owner and not under the control of the owner or of an authorized
person over twelve years of age, either by leash or otherwise,
but an animal within an automobile or other vehicle of its.owner
shall be deemed to be upon the owner's premises.
(g) "Barking dog" means any dog which by frequent or
habitual howling, yelping or barking annoys or disturbs other
persons in the vicinity of the premises of the owner or upon the
public streets.
(h) "Leash" shall include a cord, thong or chain not
more than eight (8.) feet in length by which an animal is con-
trolled by the person accompanying it.
(i) "Harboring:" The occupant of any premises on which
an animal remains or to which it customarily returns daily for
ood and care for a period of ten (10) days is presumed to be
arboring or keeping the animal within the meaning of this
Ordinance.
17 (j) "Officer" or "Official:" Any policeman or any
18 officer, official, person or persons designated by the Mayor,
19 City Clerk, or by Ordinance of the City to issue licenses, pick
20 up, restrain, impound, sell, dispose, give notice for any other
21 acts, duties or functions prescribed by this or other Ordinances
22 relating to the animals herein regulated.
23 (k) "License shall mean the cat or dog license issued
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the City of Kent under this Ordinance.
(1) "Kennel" shall include any place, other than a
eterinary hospital, where three or more cats or three or more
ogs are kept for breeding and the offspring thereof are sold for
rofit or where such animals are received for care and boarding.
(m) "Public emergency" shall include any situation
resulting from conditions of war, insurrection, contagious diseases'
or other circumstances which, in the opinion of the Chief of Police
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warrants the restraint and confinement of animals within the
premises of the owner or keeper.
(n) "Pound:" A place within or without the City, pro-
vided and operated by the City employees or by an independent
agency under the authority of the City acting alone or in concert
with other municipalities for the restraint and care of animals.
(o) "Spayed Female" shall include a female cat or dog
which has been sterilized by a licensed veterinarian to avoid or
prevent conception. Proof of such sterilization must be evidenced
by the certificate of a licensed veterinarian.
(p) "Restraint:" An animal shall be deemed to be under
restraint if it is confined within the property limits of its owne
or keeper by a suitable fense or securely restrained within the
premises by a leash affixed to a post or other securely fixed
object.
Section 3. ANNUAL LICENSE REQUIRED -- TAGS:
(a.) It shall be unlawful to keep or harbor a cat or
dog `within the City of Kent unless an
animal license shall be procured for the animal from the City.
(b) Application for such license shall be made upon
forms provided by the City. The application shall list the name,
address and phone number of the owner; the name, breed, color,
age and sex of each animal owned or harbored by him and such other
medical and vaccination information and data as may be required
in Section 8 (a) hereof. Such information shall be kept, con-
veniently indexed, by the licensing official together with the
number of the license issued.
(c) The license shall expire each year on the 31st day
lof December, following the date of issuance thereof.
(d) The annual license fee, for each male dog and
(spayed female dog shall be $2.00.. The annual license fee for
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:ach female dog or cat shall be $2.00. The annual license fee
.or male and spayed female cats shall be $1.00.
(e) Each licensed dog shall be provided by the owner
Dr keeper with a suitable collar or harness which shall be worn
by the animal at all times when running at large. To such collar
or harness shall be affixed a tag provided by the city official
for each year for which a license has been procured. Such license'
tag shall be so affixed as to hang and be discernible to a person
of normal vision at not less than ten (10) feet. The license tag
shall be stamped with the number and year for which it is issued.
The shape or design of such tag shall be changed from year to
year. It shall be unlawful for any person other than the owner,
his agent or a city official to remove the license tag from the
dog.
(f.) Whenever the ownership of an animal shall change,
the new owner shall notify the licensing official and pay to the
official a sum equal to 50% of the annual fee, whereupon the li-
censing official shall change the record accordingly for such
animal and the previously issued license for such animal shall
remain valid for the remainder of the year.
(g) LOST TAG.
(1) Any owner or keeper of a licensed animal
whose current license tag has been lost may obtain a replacement
nding of such animal, by payment of a fee of
tag, prior to impou
Fifty Cents (50�) to the licensing official.
(2) Any animal, licensed for the current year,
which may be impounded while running at large without a tag may
be redeemed upon payment of impounding, care and innoculation
fees as provided in Section 5 (c) of this Ordinance.
Section 4. CONTROL OF ANIMALS. It shall be unlawful
for the owner or keeper:
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(a) To permit an animal to.run at large within the
City of Kent .at any time without a license as provided by Ordinanc
E.
(b.) To permit an animal, whether licensed or not, to
frequent and run at large on public school grounds.
(c) To permit a dog in public parks except in vehicles
and subject to all applicable rules and regulations of the Park
Board or Ordinances regulating the use of parks.
(d) To permit a dog to enter a church, market or other
place where food is stored, prepared, served or sold to the public
or any other public place or hall (except for animal shows or
other exhibition purposes, veterinary hospitals, kennels or places
for which the licensing official has issued a permit under pro-
visions of any Ordinance of the City of Kent).
(e) To permit a female dog to run at large while in
heat.
(f) To permit a dog to run at large during such times.
which may be set hereafter by the City Council, the Mayor, the
Chief of Police or the City Health Officer during a public emer-
gency as defined in Section 2 (m) of this Ordinance.
(g) To permit a vicious, depredatory, destructive or
diseased animal to run at large after the owner or keeper has
been notified by the city official that such animal has been so
classified or that reports or complaints of two or more neighbors
or other.residents have been filed or registered with the Chief.
of Police which would put the owner or keeper on notice of the
disposition or conduct of such animal that creates a threat of
injury to any person or animal or properties of others.
(l) COMPLAINT. Any person, reasonably appre-
hensive over the safety of his person, his family or his pro-
perty because of the threatening, vicious or depredatory actions
of any dog, may make written complaint, .giving such information
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as may be required. by the Chief of Police.
(2) APPEAL OF CLASSIFICATION Any owner or
keeper aggrieved at the classification of his animal as vicious,
depredatory or destructive may request a hearing before the Dis-
trict Judge of the.Aukeen District. Justice Court to. determine
the justification of suchclassification or the merit of the com-
plaints. In the event or tine d_L,L1.L'1iL--L11__ -- . �-- ----
th.e owner or keeper, appealing, shall pay the costs of such hear-
ing, including a filing fee and the fees to other witnesses
called by the Police Chief in support of the classification.
(h) To permit a vicious animal off the owner's premises
unless securely muzzled or leashed in the custody and control of
a person over fifteen (15) years of age and physically able to
restrain and control such animal.
(i) To harbor or permit a barking dog, whose barking
is audible to persons on adjacent property.
Section 5. IMPOUNDING OF OFFENDING ANIMALS.
(a) It shall be the duty of such city employees as
shall be designated for the purpose by the Mayor or the employees
of any authorized agency designated by the Mayor with the approval
of the City.Counci1 to take up and impound any animal found in the
City in violation of any of the provisions of this Ordinance.
(b.) The pound keeper or his duly appointed agent
shall immediately upon impounding of any animal make a complete
registry, entering the breed, color and sex of such animal and
whether licensed, if known; and if licensed, he shall enter the
name and address of the owner and number of the license tag, if
known, and if bearing an innoculation tag, the.number of such tag
shall .be recorded.
(1) When.any licensed animal shall be impounded,
the Chief of Police or pound master shall forthwith give notice
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by mail and by telephone if the owner be withinthe city limits
to the owner of such licensed dog informing such owner of the
impounding of his dog and the reason therefor.
.(c) For every animal taken up and impounded, as pro-
vided in this Ordinance, there shall be paid to the designated
official, for the use of the City, by any person desiring to
redeem such animal, the total of the following fees
(1) An impounding fee of $3.50.
(2) If no license had been issued for the current
year, the annual license fee required by the provisions of this
Ordinance, or if tag is lost, the replacement fee as provided by
the provisions of this Ordinance; or, if redeemed by other than
prior owner, the cost of transferring registration as provided by
the provisions of this Ordinance..
(3) The cost of feeding and care of such animal
at $1.00 per day for animals weighing under 90 pounds and $1.50
per day for animals weighing 91 pounds or more.
(4) Cost of innoculating said animal against
rabies, unless owner presents a certificate as provided by the
provisions of this Ordinance.
Provided, however, that the pound master, in his dis-
cretion may waive collection of the fees provided. in (l.) and (3)
above in.event of sale of the animal to some person other than
prior owner ,or keeper. Provided further that payment of the .fees
provided in this section shall beexclusive of any finesor pen-
alties imposed upon the owner upon conviction of violation of
any provisions of this Ordinance.
(d) Any animal which has been impounded may be re-
deemed during the first three days after being impounded by any
person claiming to own or act for the owner of such animal, and
after such three days by any person, on payment of the.fees and
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costs as set .forth in Section 5 (c) above. If any such animal be
not redeemed within six days after being impounded, such animal
shall be :subj.ect:
(l) To being destroyed by the order of the Chief
of Police or the authorized: pound master; provided.
(2) That after such six days on order of the
pound master, such animal may be kept and offered, for sale at a
price fixed by the pound master, or
(3) Released by the .pound master to.any person
who shall pay the fees required by Section 5 (c.) or such portion,
including innoculation and license, as pound master may require,: .oz
(4). Such pound master may release such animal to
any other organization for such other disposition as he may see
fit, provided that no animal shallbe. given or sold to any person
or association for vivisection purposes.
(e) DISPOSITION OF PROCEEDS FROM SALE OF IMPOUNDED
ANIMALS. The proceeds of the auction or other sale of any im-
pounded animal after the expiration of the period of redemption
above provided shall be applied first to the cost of apprehension,
license and the care of the animal at the rate set in Section 5
(c) above, and the balance of such proceeds shall be deposited
with the City Clerk to be held for a period of six months during
whichtimeany person who shall present sufficient credible evi-
dence of ownership of said animal may be entitled to redeem the
remainder of such proceeds. If there has been no redemption of
the balance of such proceeds within six months of the.date of
sale, the .Clerk shall deposit said funds with .the general funds
of the City.
(f.) Impounding and disposition of vicious animals.
Any fierce, dangerous or vicious animal at large in the public
ways or public places of the City or upon private premises of
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my person other than the owner and any animal which.may disturb
the quiet of any person or neighborhood or which may so conduct
itself on private -premises as to. cause harm thereto or annoyance
to the owner thereof or which shall bite a person or so injure a
person as to cause an abrasion of the skin is hereby declared to.
be a public nuisance and such animals shall immediately be taken.
up and impounded in the manner provided, for in.this Ordinance.
Any such animal may be redeemed, subject to the.provisions of
this Ordinance, only by a person undertaking to: control such
animal so as to prevent its.being a nuisance as hereinabove de
fined, ;and if any animal shall be so impounded three times in any
two month period under the provisions of this section, such animal
shall bedisposed of as an unredeemed animal unless the owner
shall undertake and actually keep such animal outside :the City
of Kent..
(g) Any animal of fierce., dangerous or vicious ten-
dencies.shall not :be permitted to run at large within the City.
and shall be kept securely confined when on the owner's premises,
so that -such animal cannot reach mailmen, delivery boys or others
who may have:occasion to.enter the owner's premises in the hours
of their lawful work..
(h) Any dog which shall bite, attack or attempt to.
bite one or more persons two or more :times within a f ive :year
period is hereby declared to: be a nuisance and shall not be kept
1withinthe City. If any such animal shall be found within the
City, .it :shall be impounded and disposed of as an unredeemed
dog, and the. owner shall have.no right to redeem such dog.
(i) If any.fierce, dangerous, vicious or depredatory
animal cannot be safely taken up and impounded, such dog may be
slain by any police officer or authorized agent .of the .City.pound.
(j) All costs of maintaining any such animal in a
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veterinary hospital shall be paid by the owner.
(k) When an animal shall be impounded pursuant to the
provisions of this Ordinance, the pound master may impose such
conditions upon the release of such animal as may .be necessary
or desirable in order to avoid, forestall or prevent recurrence
of the violation leading to the impounding of such :animal, and
no animal shall be redeemed by .th.e.owner. or other person except
on the compliance with and subject to conditions which may in-
clude undertaking to keep such.animal outside the City., under-
taking to pay damages done :by such animal, undertaking to control
such animal within specified limits.or any other. conditions which
may be appropriate and reasonable to avoid recurrence of the con-
ditions leading to such impounding.
Section 6. INJURING, KILLING, ABANDONING OR MIS-
TREATING ANIMALS.
(a) No person shall wilfully injure, beat, abuse or
run down any animal wi.th.a vehicle. Any person who kills or in-
jures an animal while driving a vehicle shall stop at the scene
of the accident and render such assistance as practicable, shall
make reasonable effort to locate and identify himself to the
owner or to any person having custody of the dog and shall report
the accident immediately to: the Police Department
(b) It shall be unlawful for any person to..keep or
harbor an animal -within the City without providing a suitable,
dry place; for the housing thereof or to.fail to provide a suit-
able amount :of wholesome food and clean water for the .nutrition
and comfort thereof or to leave the premises upon which such
animal is confined or to which it customarily returns, for more
than twenty-four :(24). hours, without providing for the feeding
and care of such animal in the absence of such person.
(c) It shall beunlawful for any person to poison or
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to wilfully place.or leave poisoned, food anywhere within the
City where,it may be eaten by domestic animals or to leave.
poisoned or unpoisoned food outside the City with the intention
and in such -proximity as to poison a dog or cat within the City
of Kent
Section 7. ARREST .OF ANIMALS.
(a) The City, by its properly constituted.and desig-
nated officers, shall arrest any animal:
(1) Found to be at large or harbored: undercir-
cumstances constituting a violation of this Ordinance, or
(2) Damaging property of a person other than the.
owner of such animal, except _in defense of the property or of
members of the.owner's household, or
(3) Causing bodily harm to any person, or
(4) Acting in such manneras to.cause reasonable
apprehension of such harm to .persons or animals not within or
upon the premises of such animal's owner.
Such animal may also be taken into: custody by any person who
observes such violation. Such person shall promptly call the
City policeor other official or report the circumstances leading
to such seizure and deliver or tender possession of such.animal
to the City for impounding.
(b) Any person, including the owner or member of his
family, who shall give refuge to or who shall fail'or refuse to
deliver possession of an animal to.an officer who was in pursuit
of an animal seen violating any provision of this Ordinance shall,
upon con viction hereof, be subject to the penalties as pro-
vided in this Ordinance.
(c). An officer, in hot pursuit of an animal known to
be vicious, or reasonably suspected of being dangerous to persons
other than wrongful trespassers upon his owner's premises, may
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anter the premises of the owner and demand possession of such.
animal and if, after request therefor, the owner or keeper of the
animal over sixteen (16) years of age shall refuse to deliver the
animal to.th.e .officer and-the..officer cannot wi:th:reasonable
safety catch:the animal, he may cause it to.be killed; provided.
such officer shall not enter the abode of the owner without a
warrant -therefor.
(d) HOLDING AND CARE OF IMPOUNDED ANIMALS. All animals
arrested and impounded shall be given humane care and properly
fed during such detention. Reasonable effort shall be.exerted to.
segregate .such animals as to size, condition and temperament so
that the timid, sick, teak or injured animals will not suffer.
from the actions of others
(e.) Except in those cases in which the animal is being
redeemed or returned to the owner or person having the lawful
right. thereto, all impounded animals shall be retained for not
less than 72 hours after the time of giving notice of such im-
pounding, unless the animal is sick or injured and a sooner dis-
posal is deemed by the pound master to.be the proper course to.
be taken.. The pound master shall retain impounded animals beyond
the 72 hours minimum requirement if, in his opinion, the animal
is of sufficient value and attraction that the continued care
and expense,is warranted pending the sale or disposal of such
animal.
Section 8.
(a..) It shall be unlawful for the owner of any animal,
when notified that such animal has bitten any person or has so
injured any person as to.cause an abrasion of the skin, to sell
or give away such.animal or to.permit or allow such animal to be
taken beyond the limits.of the City except to a veterinary hos-
pital, and it shall be the.duty of such owner upon receiving
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notice of the character aforesaid to.immediately place such.
animal in a duly licensed veterinary hospital where such animal
shall be .confined for a period of at least fifteen (15) days or
to deliver such.animal to any policeman for such placement. Pro-
vided, upon authorization of a licensed veterinarian, with the
consent of the City Health .officer, :such animal may be released
to.the .custody of its owner upon the owner's undertaking to
keep the same securely chained and confined to the premises of
the owner and segregated from any other animals during such ob
servation period.
(b) Upon taking possession of an animal, known to have
bitten or having displayed symptoms of rabies, any policeman or
other authorized City employee or authorized agent shall forth-
with conveysuch animal to the nearest veterinary hospital where
such animal shall be securely: chained or confined for a period of
at -least fifteen (1.5) days In case such animal is delivered to
a veterinary hospital, notice of the name and location of such
hospital shall -be immediately furnished to the Chief. of Police
by the owner of such animal and upon the receipt of such animal
the veterinary hospital shall :submit .to the Chief of Police a
certificate -stating that .such animal either shows no symptoms of
rabies or does show symptoms of rabies. At :tne explr'd.LlUli �y
fifteen (1.5) days of confinement and upon release of such animal,
the -veterinary hospital shall submit to the Chief of Police a
second certificate stating that the animal does not have rabies
and has been.released. The cost .of maintaining such '.animal in
the .veterinary hospital shall be borne by the owner thereof,
except where the owner of such.animal cannot be ascertained, the
City shall then pay for such observation and care.
(c) In all cases where any animal which has bitten a
person or ,caused an .abrasion of the skin is slain by any policema
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Dr .other authorized representative whether -by order ,of the Court
Dr otherwise, .and a period of fifteen (1.5) days has not elapsed
since_.the-day on which such: dog bit any person or caused an
abrasion of the skin of any person, .the brain of such animal shall
be delivered intact to the laboratory of the State Department of
Health or a duly authorised veterinary hospital for examination.
Section 9. The Mayor and the City Council of the City
of Kent shall provide some suitable place within or without the
City for housing animals picked up as strayed, injured or in
violation of the terms of this Ordinance, and provision shall be
made for the care, treatment, sale or other disposition of animals
not redeemed as provided above.. Such house shall be -so designed
and constructed as to keep the animals in clean, dry and well
ventilated pens or cages, permit :animals to get :sunshine and
exercise, and provide cages for dick or bite cases, and a lethal
room and morgue shall be provided for. Care for said animals
shall be provided for as approved by a licensed veterinarian.
Dead animals shall be cremated, buried or removed to a rendering
plant within forty-eight (48.) hours of death except .that in case
of the. death or destruction of such animal resulting from its.
having a communicable disease, the body thereof shall be removed.
and cremated or buried as soon as feasible after: death.
.Section 10. PENALTIES. Any person luui1u r,u: j --
violating any of the .terms of this Ordinance shall be fined a
maximum of. THREE HUNDRED DOLLARS ($300.00) or imprisoned in the
City. Jail for a period not to exceed ninety (9.0) days or by both.
such fine and imprisonment.
Section 11. SEPARABILITY OF PROVISIONS.. If any
section, sub -section or portion of this Ordinance.shall be de-
clared invalid, such declaration shall not affect the validity.
of the remaining portions of this Ordinance..
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Section .12. REPEAL OF CONFLICTING ORDINANCES. That
Kent City Ordinance. No. 0.931 (1.956), Sections 1, 29 3, 4 (sub-
sections A and B), .5, 6, ,75 .8 and 9,. .as amended -by Ordinance No.
0.1162 (1962).and all other Ordinances or parts - thereof in con-
flict with the provisions of this Ordinance be and the same are
hereby repealed.
Section 13. EFFECTIVE DATE. This Ordinance shall
take effect and be in force from and after its passage, approval
and publication as provided by law.
Attest:
7
Approved as to form:
OH BEREITER, CITY ATTORNEY
PASSED
PASSED the -7L-Kday of , 1965.
APPROVED the day of 1965.
PUBLISHED the 10 day of 1965.
-15-
CERTIFICATION
October 18, 1965 Meeting
Police Committee. The City Attorney summarized a proposed
ordinance which would require the licensing of cats as well
as dogs within the city limits. Woodworth's motion to pass
the ordinance was seconded by Pozzi. Under discussion, both
Durand and Armstrong objected to the ordinance, opining that
it is unenforceable. Some comments were heard from the floor
both for and against the measure. The following roll call
vote was taken: Armstrong, Nay; Buxton, Absent; Durand, Nay;
Mooney, Aye; Pozzi, Aye; Strain, Aye; Woodworth, Aye. The
Mayor announced that he would veto this ordinance, and would
have his report ready for the next meeting.
November 1, 1965 Meeting
Several letters were read for and against the proposed animal
control ordinance. Mayor Thornton's reasons for vetoing this
ordinance were read, and after discussion, Pozzi moved for the
passage of the ordinance, over the Mayor's veto, and motion
seconded. A roll—call vote was taken as follows: Armstrong,
Nay; Buxton, Aye; Durand, Nay; Mooney, Aye; Pozzi, Aye;
Strain, Aye; Woodworth, Aye. Ordinance 1321 regulating
control of animals was passed.
STATE OF WASHINGTON)
) sS
COUNTY OF KING )
1, Marie Jensen, the undersigned, as City Clerk in and for
the City of Kent, Washington, do hereby certify that the above
and attached is a true and correct copy of an excerpt from the
minutes of the regular meeting of the City Council of October 18,
and November 1, 1965.
IN WITNESS WHEREOF, I have hereto fixed my hand and affixed
the Seal of the said City this 9th day of November, 1965.
Marie Jense , City Clerk