HomeMy WebLinkAbout4162AN ORDINANCE of the City Council of the
city of Kent, Washington, amending Chapter 8.03
of the Kent City Code, entitled "Animal Control," to
enact dog leash and waste removal provisions, to
clarify the City's animal control provisions may be
enforced by police officers or King County animal
control officers, and to clarify that the city of Kent
has contracted with King County for animal control,
sheltering, and licensing services within the city of
Kent.
RECITALS
A. Since July 1, 2010, the city of Kent and King County have
been parties to an interlocal agreement through which King County
provides regional animal control, sheltering, and licensing services for the
city of Kent and other King County agencies. The current interlocal
agreement is effective through December 31, 2017.
B. The interlocal agreement requires that the city of Kent adopt
an ordinance that includes animal license, fee, penalty, enforcement,
sheltering, and impound and redemption provisions substantially the same
as those provided for in Title 11 of the King County Code. Consistent with
the interlocal agreement, the city of Kent adopted Ordinance No. 3979 on
October 19, 2010, which repealed many provisions within Chapter 8.03 of
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the Kent City Code and adopted a number of provisions of Title 11 of the
King County Code.
C. Section 11. 04.230 of the King County Code provides that a
public nuisance includes "a dog running at large within the county."
"Running at large" is then defined by the King County Code as a dog that
is located off the owner's premises and not under control of the owner
either by leash, verbal voice, or signal control. Under the existing version
of the Kent City Code, the only enforcement of a "leash law" within the city
of Kent is through a public nuisance action enforced by King County.
There is no current means provided for a police officer to issue a civil
infraction (a ticket) to a dog's owner if that dog is off leash and running at
large in any place other than an authorized dog park or the owner's
property. This ordinance creates a local code provision that explicitly
requires dogs to be on a leash when not within an authorized off -leash
area or contained and controlled on private property. Enforcement of this
ordinance may be made locally by Kent police officers or by King County's
animal control officers, both of whom may file infractions in Kent Municipal
Court. In addition, King County may enforce a violation, other than of the
waste removal provision, through its public nuisance code provisions.
D. This ordinance also establishes an express requirement that
any person who has custody or control of an animal must immediately
remove any fecal matter deposited by that animal on public property or on
private property not belonging to the animal's owner or other person
having possession of the animal. Failure to comply with the ordinance is a
violation that may be enforced through the issuance of a civil infraction
filed with the Kent Municipal Court.
E. Finally, the ordinance more clearly defines the relationship
between the city of Kent and King County in the provision of animal
control, sheltering, and licensing services.
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -Amendment. Chapter 8.03 of the Kent City Code,
entitled ��Animal Control," is amended as follows:
Chapter 8.03
ANIMAL CONTROL
Sec. 8.03.010. Animal control authority. The city of Kent has
contracted with King County and its Animal Control Section, Division of
General Services, to provide animal control, sheltering, and licensing
services for the city of Kent. That contract does not divest the city of its
authority to independently enforce its code. As such, the provisions of this
chapter may be enforced by law enforcement officers or by King County
animal control officers both of whom are hereby authorized to issue and
He notices of infraction with the Kent Municipal Court as provided for in
KCC 8.03.080. Additionally, for those violations of the King County Code
that are adopted by reference for application and enforcement within the
city of Kent, King County animal control officers may enforce those
provisions in accordance with the King County Code. A copy of the
Interlocal Agreement between the city of Kent and King County for animal
control services is available for public examination in the City Clerk's
Office.
Sec. 8.03.020895. King County Code—eChapters adopted by
reference.
A. Chapters adopted. The following chapters of -the King County Code.
as currently enacted or hereafter amended or recodified, ' �'��' "�'� • are
adopted by reference for enforcement and application within the City of
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Kent and shall be given the same force and effect_ as ifset forth herein. in
is King County Code, Chapter 11.04, entitled "Animal Care and
ontrol Regulations," with the following exceptions:
as. All references made in King County Code Chapter 11.04
to Title 21A of the King County Code, which ttti-I-i�-e—establishes Kina
County's zoning provisions and limits Tide 21A's Hngits feF t he number
of animals that may be kept in a dwelling units without the application of
certain licensing requirements,
equiFenqent�shall be replaced with a reference to Kent City Code section
"G15.08.070.
b$. King County Code Section 11.04.010_f0
_� shall be read
Iff
to provide that if there is a conflict between a provision of t#is—eChapter
11.04 of the King County Code and a provision of the Kent City Code, the
provision of the Kent City Code shall control.
c. King
County Code Section
11.04.240 regarding police department dogs, h
is not adopted
because the City of Kent has adopted a similar provision at KCC
9.02.280.in the Kent Gity Code, and with the exception of the iterns in
d6. King County Code Section 11.04.510 shall be read to
provide that no person within the eCity of Kent shall publish or advertise to
King County residents the availability of any unaltered cat or dog unless
the publication or advertisement includes the unaltered animal's license
numbers provided, however, that nothing in this chapter shall prohibit
licensed breeders from advertising in national publications for sale of a
planned litter or litters.
2. King County Code, Chapter 11.12, entitled "Rabies Control";
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3. King County Code, Chapter 11.20, entitled "Disposition of
Fowl and Rabbits";
4. King County Code, Chapter 11.24, entitled "Stock Restricted
5. King County Code, Chapter 11.28, entitled "Exotic Animals";
6. King County Code, Chapter 11.32, entitled "Guard Dogs."
B. A_gen� references. Unless the context requires otherwise,
references to "King County," "county," and "unincorporated King County,"
in the King County provisions adopted by reference through KCC
8.03.020.A. shall be interpreted to mean the City of Kent.
C�. King County Code—Avai/able for inspection. In the City Clerk's
Office, tThe city shall maintain at all tinges available for review by the
general public in one copy of the King County eCode
provisions ^tipadopted by reference in this chapter. The King County
Code is also available online through King County's website at.
www.kingcounty.gov.
Sec. 8.03.030. Definitions. The following words, terms, and
hrases as used in this chapter shall -have
the meanings ascribed to them
in this section, unless a different meaning is plainly required. For those
King County Code provisions adopted through KCC 8.03.020.A., the words,
terms, and phrases used in those King County Code provisions shall have
the meanings ascribed to them by the King County Code.
A. "Domesticated fowl" means any duck, goose, swan, chicken, or
other fowl of similar size and character.
B. "Large domesticated animal" means any horse, mule, ass, bovine
animal, Iamb, goat, sheep, or other animal of similar size and character;
provided, it shall not mean pigs or swine of any kind.
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Ca "Owner" means any person having an interest in or right of
possession to an animal "Owner" also means any person having control,
custody, or possession of any animal, or by reason of the animal being
seen residinci consistently_ at a location, to an extent such that the person
could be presumed to be the owner.
D "Person" means any individual, firm, business, association,
partnership, corporation or other legal entity, public or private, however
organized Because "person" shall include both human and non -human
entities, anv of the following pronouns may be used to describe a person:
he, she, or it.
E "Person responsible for the violation" means any of the following: a
person who has titled ownership or legal control of the property or
structure that is subject to the regulation; an occupant or other person in
control of the property or structure that is subject to the regulation; a
devel per, builder, business operator, or owner who is developing,
building, or operating a business on the property or in a structure that is
subject to the regulation; or any person who created, caused, or has
allowed the violation to occur.
F. "Small domesticated animal" means any dog, cat, rabbit, or other
animal of similar size and character. Included within this definition is a
type of swine commonly known as Vietnamese, Chinese, or Asian potbelly
pigs (Sus scrofa bittatus).
G. "Under control" means a_ dog who is either under competent voice
control or competent signal control, or both, 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 a leash or off the premises of
the owner. Evidence that a bystander or other animal was approached by
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the dog, or evidence that the dog caused physical property damage, is
prima facie evidence that the dog was not "under control."
Sec. 8.03,040. Dogs—Leash required.
A0 eash required. It is unlawful for the owner of any dog to cause,
permit, or allow such dog to roam, run, stray, or to be away from the
premises of such owner and to be on any public place, or on any public
property, or on the private property of another, unless such dog, while
away from the premises of the owner, is controlled by a leash, cord, or
chain held or otherwise secured by the owner and of a length sufficient to
restrain the dog from approaching any bystander or other animal, or from
causing or being the cause of physical property damage when off the
premises of the owner. A leash of eight (8) feet in length or smaller is
presumed to be a leash of sufficient length for purposes of this section. A
violation of this section may be enforced as provided for in KCC 8.03.080.
B. Exceptions. A leash is not required if the dog is:
1 Within an area of a park expressly designated as an off -leash
area; or
2 Upon the premises of another with that owner or occupant's
permission and the dog is secured or otherwise under control in a manner
that prevents it from roaming, running, or straying away from the
premises; or
3 Under control and engaged in lawful obedience training, lawful
hunting, lawful competition sanctioned by a nationally recognized body or
a local chapter thereof, or lawful training in preparation for such hunting or
competition; or
4. Contained within a vehicle under circumstances that do not
amount to a violation of another law; or
5. A working dog engaged in the herding of livestock or in
sanctioned search and rescue activities; or
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6a A law enforcement canine in the performance of the canine's
duty or training.
C A violation of this section may be enforced as provided for in KCC
8 03 080 Alternatively, a dog running at large within the city of Kent is a
public nuisance under the King County Code provisions adopted through
KCC 8,03,020.A. and may be enforced by King County animal control
through the code enforcement provisions provided for in the King County
Code.
D Impound and redemption Any dog found roaming, running
straying, or being away from such premises and not on a leash as herein
provided may be impounded subject to redemption in the manner
provided for by King County animal control.
Sec. 8.03.050. Animal waste—Removal required. It is
unlawful for any person to fail to immediately remove fecal matter
deposited by_a dog or other animal in his or her possession on any public
property, including without limitation, a park, sidewalk, trail, street,
parking lot, waterway, lake, pond, or landscaping, or on any private
property that does not belong to the animal's owner, custodian, or other
person having possession of the animal. A violation of this section may be
enforced as provided for in KCC 8.03.080.
Sec. 8.03.060999. Compliance with local zonin�c.e and health
regulations.
A. Zoning compliance. The applicant for an original animal shelter,
kennel, grooming parlor, cattery, hobby kennel, or pet shop license shall,
prior to issuance of such license, present to the animal control authority
any required zoning permit from the city planning department.
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B. Health inspection. Before an animal shelter, kennel, grooming
parlor, cattery, hobby kennel, or pet shop license may be issued by the
animal control authority, a certificate of inspection from the Seattle -King
County health department or King County animal control division must be
issued showing that the animal shelter, kennel, grooming parlor, cattery,
hobby kennel, or pet shop is in compliance with hygienic standards of this
chapter or other applicable ordinances or regulations.
Sec. 8.03.070. Animal nuisances defined. Each of the
following conditions, unless otherwise permitted by law, is declared to
constitute a public nuisance subiectina the person responsible for the
1�. Maintaining large domesticated animals on lots of less than twenty
thousand (20,000) square feet or in violation of KCC 15.08.070.
2�. Maintaining more than three (3) small domesticated animals per
business establishment or dwelling unit on lots of less than twenty
thousand (20,000) square feet, or maintaining any small domesticated
animal in violation of KCC 15.08.070, provided, this section shall not apply
to a properly licensed business operating as a pet shop, veterinary clinic,
or animal shelter to the extent that the animals maintained at the business
are maintained for the purposes of conducting the business and not for the
personal benefit of the owner, operator, or any employee or volunteer of
such business.
34. Maintaining more than three (3) domesticated fowl on lots of less
than five thousand (5,000) square feet, or maintaining any domesticated
fowl in violation of KCC 15.08.070, provided, this section shall not apply to
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a properly licensed veterinary clinic to the extent that maintaining the
domesticated fowl is necessary for the veterinary treatment of the
domesticated fowl.
Sec. 8.03.080. Violations and Enforcement—Penalties. Anv
violation of this chapter m be enforced as provided for in this section. In
the alternative, any violation of a King County Code provision adopted in
this chapter for application and enforcement within the City of Kent may be
enforced by King County Animal Control as provided for within the King
County Code.
A. Civil infraction. A person who violates anv provision of this chapter
may be issued a civil infraction as provided in this section, which shall be
filed in the Kent Municipal Court and processed in the same manner as
other infractions filed in the Kent Municipal Court.
10 Leash requirement—KCC 8.03.040. Fine amounts for
violation of the leash requirement of KCC 8.03.040 shall be as follows.
a. A first violation is a fine of $100;
b. A second violation is a fine of $200;
CE A third violation is a fine of $400; and
d. A fourth or subsequent violation is a fine of $500.
2. Waste removal—KCC 8.03.050. Fine amounts for violation of
the waste removal requirement of KCC 8.03.050 shall be as follows.
a. A first violation is a class 4 civil infraction as set forth in
RCW 7.80.120, as currently enacted or hereafter amended. As of the
adoption date of this ordinance, this statutory fine amount is $25.
b. A second violation is a class 3 civil infraction as set
forth in RCW 7.80.120, as currently enacted or hereafter amended. As of
the adoption date of this ordinance this statutory fine amount is $50.
c. A third or subsequent violation is a class 2 civil
infraction as set forth in RCW 7.80.120, as currently enacted or hereafter
10 Amend Chapter 8.03 KCC—
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amended. As of the adoption date of this ordinance, this statutory fine
amount is $125.
3. All other violations. Except for leash and waste removal
violations as noted above, any person who violates any provision of this
chapter may be issued a class 2 civil infraction as set forth in RCW
7.80.120, as currently enacted or hereafter amended. As of the adoption
date of this ordinance, this statutory fine amount is $125.
B. Criminal offense—Leash requirement—Repeated violation. Except as
otherwise specifically provided for within this section, a person who
knowingly commits a repeated violation of the leash requirement provided
for in KCC 8.03.040 is guilty of a misdemeanor, punishable by up to the
maximum penalty established in RCW 9A.20.021(3) as now enacted or
hereafter amended.
1. Reheated violation—Definition. For purposes of this section
"repeated violation" means, as evidenced by a prior committed finding by
the Kent Municipal Court of an infraction issued under this chapter, or a
committed finding by King County's hearing examiner of a public nuisance
under Title 11 of the King County Code, that the person charged has
violated KCC 8.03.040 four (4) times within a one-year period. Therefore,
on the fourth time a violation occurs within any one-year period, the
person may be criminally charged for a "repeated violation."
SECTION 2, -Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall maintain its full force and effect.
SECTION 3. -Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section or subsection numbering;
11 Amend Chapter 8.03 KCC—
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or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 4. - Effective Date. This ordinance shall take effect and
be in force thirty (3 0) days from and after its passage as provided bar law.
KE, MAYOR
ATTEST:
APPROVED AS TO FORM:
T0�1 BRUBAKER, CITY ATTORNEY
PASSED: day of
APPROVED: day of —T d , 2015.
PUBLISHED: day of 2015a
I hereby certify that this is a true copy of Ordinance Noll
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
P:\CIN�Oldinance\8.03 Mimal Cantro�.doa
RONALD F
12
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