HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 04/23/2007 (4) COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
•^'00�' k�� PLANNING SERVICES
KEN T Charlene Anderson, AICP, Manager
W A S H I N G T O N
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent,WA 98032-5895
AGENDA
LAND USE & PLANNING BOARD
PUBLIC HEARING
APRIL 23, 2007
7:00 P.M.
LAND USE & PLANNING BOARD MEMBERS: CITY STAFF
Jon Johnson, Chair Charlene Anderson, AICP, Planning Manager
Dana Ralph, Vice Chair Kim Adams Pratt, Asst City Attorney
Steve Dowell Chris Holden, Administrative Secretary
Tim Gimenez
Alan Gray
Aleanna Kondelis
Jack Ottini
This is to notify you that the Land Use and Planning Board will hold their regularly scheduled
Public Hearing on MONDAY, APRIL 23, 2007 in Kent City Hall, City Council Chambers,
220 4T" Ave South, at 7:00 p.m. The public is welcome to attend. All interested persons may have an
opportunity to speak. Any person wishing to submit oral or written comments on this proposed
amendment may do so prior to or at the meeting.
The agenda will include the following item(s):
1. Call to order
2. Roll call
3. Approval of Minutes from the March 26, 2007 Meeting
4. Added Items to Agenda
5. Communications
6. Notice of Upcoming Meetings
7. PUBLIC HEARING:
#ZCA-2007-1 Animals in Residential Districts (CA)
Consider amending Kent City Code Sections - Title 8 (Health & Sanitation) and Title
15 (Zoning) regarding "animals" in residential zoning districts. Generally the
amendments relate to small animals, domestic fowl and beekeeping. Initiated as
#Dkt-2006-5.
Any person requiring a disability accommodation should contact the City in Advance for more information. For TDD relay
service for Braille, call 1-800-833-6385, for TDD relay service for the hearing impaired, call 1-800-833-6388 or call the City of Kent
Planning Services directly at(253) 856-5499 (TDD) or the main line at(253) 856-5454. You may access the Cl" website at.,
http.//www.ci.kent.wa.us/planninallanduseplannin_gboard for available download documents.
5.-lPermitIPianILUPBI2007IAgendas1042307LUPBHrg Agda.doc
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LAND USE & PLANNING BOARD MINUTES
March 26, 2007
BOARD MEMBERS PRESENT: Chair Jon Johnson, Vice Chair Dana Ralph, Steve Dowell,
Alan Gray, Aleanna Kondelis, Jack Ottini
BOARD MEMBERS ABSENT: Tim Gimenez, Excused
STAFF MEMBERS PRESENT: Fred Satterstrom, Charlene Anderson, Kurt Hanson, Gloria
Gould-Wessen, Mike Mactutis, Mike Gillespie, Kim Adams Pratt, Pamela Mottram
Chair Johnson called the meeting to order at 7:00 p.m. in City Council Chambers.
Approval of Minutes
Dana Ralph MOVED and Steve Dowell SECONDED a Motion to APPROVE the Minutes of
December 11, 2006. MOTION CARRIED 6-0.
Added Items
Election of Officers
Notice of Upcoming Meetings
None
#CPA-2005-8 Parks &Open Space
Planner Gloria Gould-Wessen stated that this item was reviewed by the Land Use and Planning
Board on January 23, 2006 and December 11, 2006. She stated that publicly owned parcels have
been added to the Parks inventory and staff would like the land use designation to indicate that.
Ms. Gould-Wessen stated that there are 59 affected privately owned parcels with a land use
designation of Parks and Open Space that the City would like to correct by designating a land use
that is indicative of the zoning that presently exists for those parcels.
Chair Johnson declared the Public Hearing Open. Seeing no speakers, Steve Dowell MOVED and
Dana Ralph SECONDED a motion to close the Public Hearing. Motion Passed 6-0.
After deliberations, Jack Ottini MOVED and Steve Dowell SECONDED a MOTION to approve #CPA-
2005-8 Land Use Map Designation Parks and Open Space Update as recommended by staff.
Motion PASSED 6-0.
#CPA-2006-5 Reconciling Single Family Zoning & Land Use Designations
Planner Gloria Gould-Wessen stated that this proposal deals with reconciling single family zoning
and land use designations for approximately 4,492 affected tax parcels across the City. She stated
that this proposal was brought to staff's attention through Dkt-2006-4 which deals with matching
zoning districts and the comprehensive plan land use map designations.
Ms. Gould-Wessen stated that the other item within this project is dealing with zoning and land
use designations within the Lake Meridian Sub-basin, brought to staff's attention by the Lake
Meridian Community Association through Dkt-2006-3.
Ms. Gould-Wessen stated that for the ease of analysis, the map and reconciliation proposal divides
the city into geographic locations of West Hill, the Valley, North East Hill, South East Hill and Lake
Meridian.
Ms. Gould-Wessen submitted Exhibits 1 through 39D, Exhibit 40 (an analysis of real estate sales in
the region), and Exhibit 41 (phone comments from Sissi Longthorpe, 25421 114t" Ave SE)
expressing opposition to higher density in her neighborhood, for the record.
Ms. Gould-Wessen stated that a cluster of parcels: TPNs #2022059332, 9333, 9334, and 9356,
located on the Southeast Hill study area are presently zoned SR-6 with a Comprehensive Plan
Designation of SF-6 and are not part of this project although they were initially included in the
study.
Ms. Gould-Wessen recapped the decision criteria relevant to approving the five proposed
amendment options.
Ms. Gould-Wessen presented the five (5) options under consideration. She stated that there are
nine mapping anomalies listed under Option 1 and they affect 18 parcels. These mapping
anomalies are within each of the five options.
Assistant City Attorney Kim Adams Pratt referred to her memoranda dated March 22, 2007
addressed to the LUPB members, in presenting an overview on recent case studies concerning
urban density and Growth Hearings Board density rulings.
Public Works Environmental Engineering Manager Mike Mactutis gave a presentation focused on
conditions affecting the water quality of the Lake Meridian Watershed. He addressed how
residential development from affects the Lake's water quality and volume, citing runoff from
impervious surfaces, yards and household chemical runoff as well as impacts from vehicular traffic.
Mr. Mactutis stated that Lake Meridian formed from glaciers approximately 12,000 years ago and
was developed as more of an agricultural area over the first part of the 1900's transforming into
single family residential through the second portion of the 1900's up to the present day.
Mr. Mactutis spoke about the design standards the city applies for the Lake Meridian Basin area
with respect to detention ponds to mitigate for the water run-off from developments and to
maintain water quality. He stated that the City applied a resource stream protection water quality
standard for the basin area, requiring developments vested after 2002 to comply with these
standards.
Mr. Mactutis stated that a number of water quality studies were done beginning in the 1970s and
continuing through the present. He stated that the City found the lake to meet the oligotrophic
standards for good water quality. Mactutis stated that water samples obtained from the major
storm drainage outfalls from individual basins flowing into the lake are generally showing the same
results that have been seen over the last 30 years for phosphorus.
Mr. Mactutis stated that the City is in the current phases of construction on a labyrinth wier for the
Lake's outlet, designed to increase the outflows from the lake when the water levels are higher,
and will allow the downstream channel, which has fish habitat, to increase the flows into that
stream approximately one month further into the summer time.
Mr. Mactutis stated that although you see some water quality impacts around the shallower parts
of the lake, in general the quality of the Lake is good. The Lake's deepest point is 90 feet and as
such is resilient and able to handle more water quality impacts from development than lakes such
as Clark Lake and Lake Fenwick.
Ms. Gould-Wessen described the following five options:
Option 1) This is the no change option. The Comprehensive Plan Land Use designation dictates
what the zoning will be. So all the zoning would move up to the existing Comprehensive Plan Land
Use Designation.
Option 2) This option maintains the existing zoning districts and the Comprehensive Plan Land Use
Designations would be lowered to the existing zoning.
Land Use and Planning Board Meeting
Minutes- March 26, 2007
Page 2 of 7
Option 3) This option is similar to Option 2 with the exception of the Lake Meridian Sub-basin. In
the Basin properties with a Zoning District designation of SR-4.5 and SR-6 would be lowered toSR-
3 and their Comprehensive Plan Land Use Map designations would change from SF-6 to SF-3.
Option 4) This option is similar to Option 2. For properties in the Lake Meridian Sub-basin, the
Zoning Districts would change from SR-4.5 and SR-6 to SR-1 and be supported by a
Comprehensive Plan and Use Map designation of Urban Separator.
Option 5) Ms. Gould-Wessen stated that staff is recommending this option and indicated that this
option shows the nine mapping anomalies; further stating that the staff report details the entire
options.
West Hill) Ms. Gould Wessen stated that the West Hill study area properties would generally be
zoned to match the higher Comprehensive Plan Land Use designations with a few exceptions. She
stated that the largest exception is the properties located in the wooded wetlands and the
headwaters of McSorley Creek. She stated that staff is recommending lowering the Zoning District
for this area to SR-1 supported with a Comprehensive Plan Land Use designation of Urban
Separator.
Valley) Ms. Gould-Wessen stated that a parcel of property in the Valley would change from a split
zone designation to a single zone to represent land use zoning of M-1 and Industrial for the entire
parcel.
North East Hill) Ms. Gould-Wessen stated that the North East Hill study area Comprehensive Plan
Land Use designation would remain at SF-6 and the zoning increase to SR-6. She cited exceptions
where the Zoning District would stay the same at SR-4.5 and the Land Use designation would
decrease to SF-4.5 in support of the zoning. She stated that there is a section of property that has
a Land Use designation of SF-8 where the zoning would increase to SR-8.
South East Hill) Ms. Gould-Wessen stated that the zoning would match the Comprehensive Plan
Land Use designations which are generally SF-6 with the exception of an area near Scenic Hill,
where the Land Use designation would decrease to match the SR-4.5 zoning.
Lake Meridian) Ms. Gould-Wessen stated that the Zoning Districts and the Land Use Map
designations throughout the area would change to SR-4.5 and SF-4.5.
Community Development Director, Fred Satterstrom stated that a reconciliation process was begun
when the Council decided they would like to make zoning decisions legislatively on an area wide
basis as opposed to a piecemeal basis.
Jack Ottini MOVED and Steve Dowell SECONDED a Motion to Accept Exhibits Numbers 1-41
submitted for the record. Motion CARRIED 6-0.
Chair Johnson declared the Public Hearing Open.
JAMES THOMAS, 22904 MILITARY RD. S, KENT, WA (WEST HILL) questioned what is happening
with the zoning on the area surrounding his property. Ms. Gould-Wessen satisfied Mr. Thomas's
concerns by stating that current zoning in Mr. Thomas's area is SR-6 with a Commercial Land Use
designation and that staff is recommending maintaining the SR-6 zoning and changing the Land
Use to SF-6.
MAUREEN CURRAN, 24322 94T" AVE S, KENT, WA (NORTH EAST HILL) stated that she owns
approximately five acres on 941" Avenue South questioning what zoning staff is proposing for her
property. Ms. Gould-Wessen stated that Ms. Curran's property has a land use of SF-8 and a
zoning of SR-4.5 with a staff recommendation to zone it SR-8.
Land Use and Planning Board Meeting
Minutes- March 26, 2007
Page 3 of 7
CRAIG ANDERSON, 26424 WOODLAND WAY S, KENT, WA (SOUTHEAST HILL) stated that his
neighborhood is surrounded by SR-8. He stated that developers are buying single family parcels
from 1041h to 267th for development. He cited a multifamily development planned near his
neighborhood which will encroach into the neighboring parcels. He voiced concern that he did not
see an environmental statement for Mill Creek, indicating it as either a public park or other
recreational usage.
DENISE SIMPSON, 10005 SE 267T" ST, KENT, WA (SOUTH EAST HILL) stated that her Scenic Hill
neighborhood consists of large lots, houses and trees. She voiced her concerns with developer
attempts to increase zoning to SR-6, clear-cut trees, resulting in degrading her neighborhood. She
voiced support of staffs recommendation to retain 4.5 zoning and change the comprehensive plan
designation to match the zoning.
GEORGE WEDVIK, 26510 WOODLAND WY S, KENT, WA (SOUTH EAST HILL) stated that he does
not want his neighborhood to deteriorate due to high density housing and voiced support for any
improvements the city could implement to relieve traffic congestion.
NADINE BISHOP, 26504 99TH PL S, KENT, WA (SOUTH EAST HILL) said that she resides on a cul-
de-sac backed up to Mill Creek, and would like zoning to remain at 4.5.
JILL LEGHORN (daughter-on behalf of) HERMAN & LOUISE PAULSON, 25325 116T" AVE SE, KENT,
WA (SOUTH EAST HILL) stated that her folks agree with staffs recommendation to zone this area
SR-6, for consistency with zoning on property located behind and across from their property.
NANCY STREIFFERT, 10102 SE 270TH PL, KENT, WA (SOUTH EAST HILL) stated that forty of her
neighbors signed a petition in favor of staff's recommendation to retain 4.5 houses per acre
zoning. She submitted the petition for the record. She spoke on her concerns with increased
traffic and flooding issues based on new development.
WILLIAM FIEBERG, 27252 121ST AVE SE, KENT, WA (SOUTH EAST HILL) voiced opposition to
rezoning many residential areas to higher densities where apartments or condominiums would
potentially be built. He stated that although this would mean more revenue for the city, people
would be unable to pay their taxes because of increased real estate values.
PAUL MORFORD, PO BOX 6345, KENT, WA (SOUTH EAST HILL) voiced support for staffs
recommendation for a zoning designation of SR-6 for the area primarily located to the north of
256th and between 111th and 116th heading north to approximately 253rd, as it would be compatible
with the surrounding properties already zoned SR-6.
DONALD WEST, 25866 136T" AVE SE, KENT, WA (LAKE MERIDIAN) voiced concern with a housing
development going in on the corner of 256th and 1361h without evidence of a left turn lane going in
on 256th to alleviate congestion and the already high volume of traffic.
Engineering Development Manager Mike Gillespie clarified that the roadway Mr. West is concerned
with is located east of 132nd on the north side of 256th. He stated that several developments are
occurring at present and those developments are adding paved shoulders to that road. Mr.
Gillespie stated that the City intends to widen the street to 3 lanes in the future as part of a Capital
Project. He stated that the timeframe for widening 256th is in Public Works Capital Improvement
Plan and is one of the projects on the priority list for the Transportation Master Plan, currently
being reviewed by the Council.
SHARON BOSSE, 25739 135T" AVE SE #41, KENT, WA (LAKE MERIDIAN) spoke on issues related
to the Lake's declining water clarity, contaminant levels, pollutants, and storm water runoff. She
referred to a King County Lake Monitoring Report completed between 1999 and 2003. She urged
the Board to consider zoning the Lake Meridian area SR-3.
Land Use and Planning Board Meeting
Minutes-March 26,2007
Page 4of7
KARL WAGONER, 13613 SE 266T" ST., KENT, WA (LAKE MERIDIAN) spoke on issues related to
Lake Meridian's poor water quality, citing the Lake as a Class-5 impaired lake, based on a
Department of Ecology report.
MONICA O'NEILL, 26459 137T" AVE SE, KENT, WA (LAKE MERIDIAN) speaking on behalf of the
Lake residents, stated that they desire to see a variety of densities including lower density options.
Ms. O'Neill reported on statistics from questionnaires completed by Kent citizens from a series of
workshops held by the City of Kent, with respect to what they favored in terms of zoning around
Lake Meridian. She cited that the majority of citizens favored a zoning of SR-3 for the Lake
Meridian Watershed.
KATHY CURTIS, 14256 SE 270TH PL, KENT, WA (LAKE MERIDIAN) spoke about concerns with
inadequate infrastructure to support development and public safety issues that would occur. She
stated that the roads cannot adequately support SR-6 zoning densities and urged the Board to
consider a lower density of SR-3.
BRUCE AXWORTHY, 26320 135T" AVE SE, KENT, WA (LAKE MERIDIAN) Vice President of the Lake
Meridian Community Association, spoke about concerns with the deterioration of the Lake's water
quality, voicing opposition to higher density development.
JOHN NASON, 14405 SE 266T" ST, KENT, WA (LAKE MERIDIAN) spoke in favor of SR-3 zoning for
property contiguous to the lake and zoning properties set back from the lake at an SR-4.5 level to
allow for some density.
KEITH REICHOW, 26409 148T" AVE SE, KENT, WA (LAKE MERIDIAN) spoke in opposition to higher
density development close to the lake based on his water quality concerns.
SALLY MCDONOUGH, 26441 137T" AVE SE, KENT, WA (LAKE MERIDIAN) stated that residents
have turned in and referenced a variety of documents with pertinent information from the State of
Washington Agencies; the Water Quality Management from 2005, Wetlands in Washington State
from 2005, Washington Priority Habitats and others. She stated that the staff sources and
bibliography are up to 13 years old and from out of state, questioning if staff has used Best
Available Science (BAS) to make recommendations on this project.
Ms. McDonough stated that the 2006 Protecting Water with High Density document used in staff's
recommendation concludes "a superior approach to protect water resources locally is likely to be
some combination of development densities based on local factors incorporating adequate open
space, preserving critical ecological and buffer areas, and minimum land disturbance."
Ms. McDonough stated that the community feels they are up against resistance for down-zoning to
3-houses per acre to protect the Lake Meridian Watershed and more importantly Lake Meridian.
KIM FISCHER, 25011 135T" AVE SE, KENT, WA (LAKE MERIDIAN) spoke on issues of traffic
congestion, the economic benefits to the City and developers with a higher density zoning. She
spoke about the unfairness for those property owners who would lose property value while others
would gain property value if a higher density rezone occurs. She stated that over-congestion is
having a direct impact on the lake's water quality. She voiced support for SR-3 zoning for
properties around the lake with a 4.5 zoning designation for properties set back from the lake.
HANS FREIWALD, 11824 SE 270TH ST, KENT, WA (SOUTHEAST HILL & LAKE MERIDIAN) spoke on
environmental issues. He stated that most catch basins are inadequate to accommodate water
runoff. He spoke on how developers are destroying the salmon habitat in Mill Creek and how the
spawning areas need to be restored. He voiced support for SR-3 zoning for surrounding lake
properties with a zoning of 4.5 for those properties set back from the lake. Mr. Freiwald spoke
about the need to educate people on the use of organic fertilizers to eliminate contaminating the
Lake.
Land Use and Planning Board Meeting
Minutes-March 26,2007
Page 5 of 7
BILL DINSDALE, 13700 SE 266T" ST., KENT, WA (LAKE MERIDIAN) spoke on issues related to
water levels and water quality and housing densities. He stated that he owns 50 acres to the
south of Lake Meridian zoned SR-6 which would not affect densities around Lake Meridian.
He stated that the health of Soosette Creek, which runs across his property, has improved with the
construction of a major retention pond, which has stopped flooding and regulated water flow and
allowed salmon to return to the Creek. He stated that an oil separator has been put in place that
catches water runoff from 266th and separates oil out. He stated that people should be able to live
in the Lake Meridian area and not be priced out of the area.
EDWIN THOMAS, 27239 121ST AVE SE, KENT, WA (LAKE MERIDIAN) stated that water retention
ponds are not adequate to accommodate water runoff nor filter out pollutants.
BRIAN MCDONOUGH, 26441 137T" AVE SE, KENT, WA (LAKE MERIDIAN) spoke on issues related
to the Lake's poor water quality, citing contaminants from impervious surface, asphalt and roof
runoff. He urged staff to plan for the entire watershed not just the boundary surrounding the Lake
in deciding where the zoning is going to be allowed. He stated that if all the trees are removed,
the lake doesn't have a chance.
JAMES ISHII, 9210 S 237T" PL, KENT, WA (NORTH EAST HILL) stated that his concern is the
parcels located north of 240th or James Street on 94th. He stated that it looks like the intent is to
increase density to SR-6 for those parcels, urging the Board to retain those parcels at a SR-4.5
zoning density; as 941h has only one easy exit out to James Street. He stated that this is a
dangerous area with an already high volume of traffic where children travel. He spoke about
surface water drainage issues in his area urging the Board to retain the lowest possible density.
JAMES T TUNTLAND, 25725 135T" PL SE, KENT, WA (LAKE MERIDIAN) spoke about the children
being a valuable commodity and that they are being endangered when their space is being taken
from them if densities are increased at six homes per acre.
Seeing no further speakers, Jack Ottini MOVED and Alan Gray SECONDED a Motion to Close the
Public Hearing. Motion CARRIED 6-0.
Ms. Gould-Wessen submitted one additional exhibit from Mr. Brian Minnis, 9444 S 284th St., Kent
(North East Hill) into the record, documented as Exhibit #42. Hearing no objections, Chair
Johnson accepted the document into the record.
After deliberations, Dana Ralph MOVED and Jack Ottini SECONDED a Motion to accept staff's
recommendation of Option 5 for the West Hill area. Motion CARRIED 6-0.
After deliberations, Jack Ottini MOVED and Steve Dowell SECONDED a Motion to accept staff's
recommendation of Option #5 for the Valley area to change the split-zone zoning designation of
SR-6 and M1 to M1 and change the split-zone Land Use Designation from MU/Mixed Use and
Industrial to Industrial. Motion CARRIED 6-0.
During deliberations with respect to North East Hill, member Dana Ralph noted for the record that
she owns a piece of property in that area. After further deliberations, Dana Ralph MOVED and
Alan Gray SECONDED a Motion to accept staffs recommendation of Option #5 for the North East
Hill area. Motion CARRIED 6-0.
After deliberations, Aleanna Kondelis MOVED and Alan Gray SECONDED a Motion to accept staff's
recommendation of Option #5 for the South East Hill area. Motion CARRIED 6-0.
Land Use and Planning Board Meeting
Minutes-March 26,2007
Page 6 of 7
After discussion, Board Members Dowell, Ottini, Johnson and Gray expressed their support for
zoning lots contiguous to Lake Meridian SR-3, with member Johnson and Kondelis stating that they
felt a 4.5 zoning would not create significantly negative impacts.
After extensive deliberations, Dana Ralph MOVED and Steve Dowell SECONDED a Motion to accept
staff's recommendation of Option #5 for the Lake Meridian area with the exception of properties
directly adjacent to the Lake, electing to apply staffs recommendation under Option #3 to
designate those properties SR-3/SF-3, justifying their recommendation based on the following
specific criteria used by the Growth Management Hearings Board to determine appropriate urban
densities; as outlined in Kim Adams Pratt's memoranda:
#1, 5. a & b and 6.b. 1. "The City is able to accommodate its share of the 20 year growth
forecast, now and in the future". 5. a) Lake Meridian "contains large scale, complex, high value
critical areas that require an additional level of protection', and 5. b) Lake Meridian contains
limited unique geologic or topographical features that require the additional protection through low
densities than can be provided by critical area regulations': 6.b) Regarding "the percentage of
residential land designated at densities less than 4 du/ac,"as a whole the number of lots adjacent
to Lake Meridian that the Board is recommending for a SR-3/SF-3 density is very small as
compared to the total number of lots in that area where the Board is recommending a designation
of 4.5.
Motion CARRIED 5-1 with Aleanna Kondelis Opposed.
Election of Officers
Chair Johnson declared the nominations open for Chair and Vice Chair. Jack Ottini Moved and
Steve Dowell Seconded a Motion to nominate Jon Johnson to continue to serve in the position of
Chair and Dana Ralph to continue to serve in the position of Vice Chair. Motion CARRIED 6-0.
Adiournment
Jack Ottini MOVED and Dana Ralph SECONDED a MOTION to adjourn the meeting. Chair Johnson
adjourned the meeting at 10:40 p.m.
Charlene Anderson, AICP, Planning Manager
Secretary of the Board
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Land Use and Planning Board Meeting
Minutes-March 26,2007
Page 7 of 7
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COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
• PLANNING SERVICES
KEN T Charlene Anderson,AICP, Manager
W A S H I N G T O N
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
April 16, 2007
TO: Chair Jon Johnson and Land Use & Planning Board Members
FROM: Charlene Anderson, AICP, Planning Manager
RE: #ZCA-2007-1 — Animals in Residential Districts
For Hearing of April 23, 2007
SUMMARY: Existing regulations do not allow the keeping of animals on lots less than 20,000
square feet in size, nor do existing regulations address the keeping of bees in the city. On
December 12, 2006, the City Council approved for action Docket No. 2006-5 regarding
amendments of Title 8 (Health & Sanitation) and Title 15 (Zoning) to consider reducing the
minimum lot size requirement for the keeping of animals, specifically chickens.
BACKGROUND: Chapter 8.03 of Kent City Code provides for animal control in the City of Kent
to "protect human health and safety, and to the greatest degree practicable, prevent injury to
property and cruelty to animal life" (KCC 8.03.010). Section 8.03.210(2) defines animal
nuisance as "Animals, excluding household pets, such as dogs and cats, but particularly horses,
mules, rabbits, bovine animals, Iambs, goats, sheep, birds, hogs, chickens or other animals
made to the domestic, being kept in residential districts on lots of less than twenty thousand
(20,000) square feet." Although only horses, cows, sheep and goats are mentioned, Section
15.08.070 of the Kent Zoning Code similarly disallows animals in residential districts on lots
smaller than 20,000 square feet.
Several urban cities allow small animals on lots within their municipal boundaries. Attached is a
matrix summarizing various city code provisions related to small animals. Staff is proposing
amendments to Kent City Code related to animals in residential districts. The proposal
generally duplicates the City of Seattle regulations regarding the keeping of animals as
accessory uses in all zoning districts.
PROPOSED AMENDMENTS:
Add to 8.03.030 Definitions
Domestic Animals, Small. Includes dogs, cats, rabbits, ducks, geese, swans, chickens, other
fowl and animals of similar size and character.
Delete 8.03.210(2) (Animal nuisances defined.)
,
Amend 15.08.070 "soma's ..:.,entmal aws`r-we`sKeeping of Animals.
goats, shall not be permitted On residential districts on lots smaller than twenty theusand
The keeping of small domesticated animals, farm animals, domestic fowl and bees is permitted
outright in all zones as an accessory use to any principal use permitted outright or to a
permitted conditional use subject to the standards of this section and Kent City Code Section
8.03:
A. Small Domesticated Animals. Up to three (3) small domesticated animals may be kept
accessory to each business establishment or dwelling unit on a lot, except as follows:
1. In no case is more than one (1) miniature potbelly pa allowed per business
establishment or dwelling unit (see subsection B of this section
2. In single-family zones,
a. Accessory dwelling units shall not be considered separate dwelling units for the
purpose of this section;
b. Up to four () small domesticated animals are permitted on lots of at least
twenty thousand (20,000) square feet; and
C. One (1) additional small domesticated animal is permitted for each 5,000 square
feet of lot area in excess of twenty thousand (20,000) square feet. Accessory
structures, including kennels, for four (4) or more animals must be at least ten (10) feet
from any other lot in a residential zone.
B. Miniature Potbelly Pigs. That type of swine commonly known as the Vietnamese, Chinese, or
Asian Potbelly pig (Sus scrofa bittatus) may be kept as a small domesticated animal,, provided
that no swine that is greater than twenty-two (22) inches in height at the shoulder or more
than one hundred fifty (150) pounds in weight may be kept in the City_
C. Domestic Fowl. Up to three (3) domestic fowl may be kept on any lot in addition to the small
domestic animals permitted in subsection A. For each one thousand (1,000) square feet of lot
area in excess of the minimum lot area required for that zone, as long as the minimum lot size
is 5,000 square feet or greater, one (1) additional domestic fowl may be kept.
D. Farm Animals. Cows, horses, sheep and other similar farm animals are permitted only on
lots of at least twenty thousand (20,000) square feet. The keeping of swine is prohibited,
except for miniature potbelly pigs allowed under subsection B of this section.
1. One (1) farm animal for every ten thousand (10,000) square feet of lot area is permitted.
2. Farm animals and structures housing them must be kept at least fifty (50) feet from any
residentially zoned lot.
E. Beekeeping. Beekeeping is permitted outright as an accessory use, when registered with the
State Department of Agriculture, provided that:
LUPB Hearing
April 23, 2007
Page 2 of 3
1. No more than four (4) hives, each with only one (1) swarm, shall be kept on lots of less than
ten thousand (10,000) square feet.
2. Hives shall not be located within twenty-five (25) feet of any property line except when
situated eight (8) feet or more above the grade immediately adjacent to the grade of the lot on
which the hives are located or when situated less than eight (8) feet above the adjacent
existing lot grade and behind a solid fence or hedge six (6) feet high parallel to any property
line within twenty-five (25) feet of a hive and extending at least twenty (25) feet beyond the
hive in both directions.
Included in the agenda packet are the following for Land Use & Planning Board consideration:
1. City of Bellevue's regulations regarding animals
2. Matrix of regulations of other jurisdictions
3. Kent City Code Section 8.01 and 8.03
The proposed amendments are procedural in nature and categorically exempt from
environmental review. Staff will be available at the April 23rd hearing to further discuss this
issue.
CA pm S.iPermitlPlanIZONECODEAMEND120071ZCA-2007-iAnimals-inResiDistrictslstaffreport.doc
Enc: April 91h LUPB workshop packet
cc: Fred N.Satterstrom,AICP,CD Director
Project File#ZCA-2007-1
LUPB Hearing
April 23, 2007
Page 3 of 3
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Chapter 20.50 DEFINITIONS Page 1 of 1
Household Pets. Includes dogs, cats, rabbits, gerbils, guinea pigs, hamsters, cage birds, fish,
nonvenomous reptiles and amphibians and other animals of similar size and character normally
associated with a dwelling unit and generally housed within the dwelling unit. Specifically
included as household pets is the keeping of six or fewer fowl. (Ord. 3413, 9-24-84, § 5)
Domestic Animals, Large. Generally grazing or foraging animals including horses, cattle,
llama, sheep, goats, ponies and other animals of similar size and character. (Ord. 4654, 6-6-94,
§ 79; Ord. 3413, 9-24-84, § 4)
Domestic Animals, Small. Includes ducks, geese, swans, chickens, other fowl and animals of
similar size and character, however, fewer than six fowl are treated as household pets. (Ord.
4654, 6-6-94, § 79; Ord. 3413, 9-24-84, § 4)
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Chapter 20.20 GENERAL DEVELOPMENT REQUIREMENTS Page 1 of 3
20.20.130 Animals.
A. General.
The keeping of animals is subject to the requirements of this section and BCC Title 8,
Animal Regulations.
B. Minimum Requirements.
The following chart entitled, "Animal Regulations" sets forth the minimum requirements
for the keeping of animals.
Animal Regulations
Type of Maximum Number(A) Minimum Minimum Setback(E)
Animal/Use Lot Size
May not be restrained or enclosed outdoors so that
the animal is able to come within 15 feet of a property
line. This limitation does not prohibit the keeping of a
household pet within the following areas, provided it
must be allowed to roam freely therein:
1)A lot which is fenced along all lot lines so as to
1. Household
Dogs, Cats, Rabbits: No enclose the entire lot, or
3(B); Fowl: 6(D); 2)An enclosed portion of a lot which is bounded by
Pets* Other: no maximum minimum fences along either the entire front lot line or entire
rear lot line, and along a portion of both side lot lines,
which utilizes the house or primary structure as one
side of the enclosure and which may include all or a
portion of either or both side yards.
No structure to house the household pet may be within
15 feet of a property line.
May not be restrained or enclosed outdoors so that
the animal is able to come within 25 feet of a property
line.
This limitation does not prohibit the keeping of a small
domestic animal within the following areas, provided it
10: 20,000 sq. ft. and an must be allowed to roam freely therein:
2. Small additional 1,500 sq. ft. 20,000 sq. 1)A lot which is fenced along all lot lines so as to
Domestic for each animal; ft. or enclose the entire lot, or
Animals or 6: 10,000 sq. ft. and an 10,000 sq. 2)An enclosed portion of a lot which is bounded by
Hobby Kennel* additional 1,500 sq. ft. ft. fences along either the entire front lot line or entire
for each animal over 6 rear lot line, and along a portion of both side lot lines,
which utilizes the house or primary structure as one
side of the enclosure and which may include all or a
portion of either or both side yards.
No structure to house the household pet may be within
25 feet of a property line.
May not be restrained or enclosed outdoors so that
the animal is able to come within 25 feet of a property
line. This limitation does not prohibit the keeping of a
large domestic animal within the following areas,
3. Large 20,000 sq. provided it must roam freely therein:
Domestic 1: each 10,000 sq. ft. 1)A lot which is fenced along all lot lines so as to
Animals* ft. enclose the entire lot, or
2)An enclosed portion of a lot which is bounded by
fences along either the entire front lot line or entire
rear lot line, and along a portion of both side lot lines,
which utilizes the house or primary structure as one
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Chapter 20.20 GENERAL DEVELOPMENT REQUIREMENTS Page 2 of 3
side of the enclosure and which may include all or a
portion of either or both side yards.
No structure to house the animal may be within 25 feet
of a property line.
*Special Regulations: Open pasture, foraging or grazing may extend to the property line.
Maximum of four hives,
each with one colony:
Lots containing 15,000 Hives must be at least 25 feet from a property line,
sq. ft. or less; except when situated 8 feet or more above adjacent
Maximum of 15 hives, ground level, or when situated less than 6 feet above
each with one colony: 200 sq. adjacent ground level and behind a solid fence or
4. Bees** Lots containing more ft. hedge at least 6 feet high parallel to any property line
than 15,000 sq. ft. but within 25 feet of the hive and extending at least 25 feet
less than 35,000 sq. ft.; level, or when situated beyond the hive in both
Maximum of 25 hives,
each with one colony: directions.
Lots containing 35,000
sq. ft. or more
**Special Regulations:
Must register with the Washington State Department of Agriculture.
Must requeen annually or anytime following swarming or aggressive behavior with a breeder raised queen of
suitable docile strain.
Hives must be maintained to avoid overpopulation and minimize swarming.
Must be maintained in a movable frame hive at all times.
May not be restrained or enclosed outdoors so that
the animal is able to come within 50 feet of a property
line. This limitation does not prohibit the keeping of an
animal within the following areas, provided it must be
allowed to roam freely therein:
1)A lot which is fenced along all lot lines so as to
Determined in enclose the entire lot, or
5. Kennel (C)*** Conditional Use 35,000 sq. 2)An enclosed portion of a lot which is bounded by
Process ft. fences along either the entire front lot line or entire
rear lot line, and along a portion of both side lot lines,
which utilizes the house or primary structure as one
side of the enclosure and which may include all or a
portion of either or both side yards.
No structure to house the animal may be within 50 feet
of a property line.
***Special Regulations: See LUC 20.10.440.
May not be restrained or enclosed outdoors so that
the animal is able to come within 50 feet of a property
line. This limitation does not prohibit the keeping of an
animal within the following areas, provided it must be
allowed to roam freely therein:
1)A lot which is fenced along all lot lines so as to
6. Commercial Determined in 35,000 sq. enclose the entire lot, or
Stable or Riding Conditional Use 2)An enclosed portion of a lot which is bounded by
Academy(C)+ Process ft. fences along either the entire front lot line or entire
rear lot line, and along a portion of both side lot lines,
which utilizes the house or primary structure as one
side of the enclosure and which may include all or a
portion of either or both side yards.
No structure to house the animal may be within 50 feet
of a property line.
+Special Regulations: See LUC 20.10.440. Open pasture, foraging or grazing may extend to the property
line.
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Chapter 20.20 GENERAL DEVELOPMENT REQUIREMENTS Page 3 of 3
(A) Number of adult animals. One unweaned litter of offspring, and foals are not included in
the number of animals allowed.
(B) More than three rabbits are regulated as small domestic animals.
(C) Requires a Conditional Use Permit.
(D) More than six fowl are regulated as small domestic animals.
(E) The purpose of these setback requirements is to prohibit the confinement of an animal
within specific distances from neighboring property, as by leashing the animal to a
stake or placing the animal in an enclosure, but to allow animals to be kept in yards
fenced on their perimeter so long as the animal is free to roam within the fenced area.
C. Prohibited Animals.
The keeping of mink, foxes or hogs is prohibited. (Ord. 5480, 10-20-03, § 6; Ord. 5089,
8-3-98, § 10; Ord. 4654, 6-6-94, § 25; Ord. 3413, 9-24-84, § 1)
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COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
• PLANNING SERVICES
KEN T Charlene Anderson, AICP, Manager
W A S H I N G T O N
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
April 2, 2007
TO: Chair Jon Johnson and Land Use & Planning Board Members
FROM: Charlene Anderson, AICP, Planning Manager
RE: #ZCA-2007-1 — Animals in Residential Districts
For Workshop of April 9, 2007
SUMMARY: Existing regulations do not allow the keeping of animals on lots less than 20,000
square feet in size, nor do existing regulations address the keeping of bees in the city. On
December 12, 2006, the City Council approved for action Docket No. 2006-5 regarding
amendments of Title 8 (Health & Sanitation) and Title 15 (Zoning) to consider reducing the
minimum lot size requirement for the keeping of animals, specifically chickens.
BACKGROUND: Chapter 8.03 of Kent City Code provides for animal control in the City of Kent
to "protect human health and safety, and to the greatest degree practicable, prevent injury to
property and cruelty to animal life" (KCC 8.03.010). Section 8.03.210(2) defines animal
nuisance as 'Animals, excluding household pets, such as dogs and cats, but particularly horses,
mules, rabbits, bovine animals, Iambs, goats, sheep, birds, hogs, chickens or other animals
made to the domestic, being kept in residential districts on lots of less than twenty thousand
(20,000) square feet." Although only horses, cows, sheep and goats are mentioned, Section
15.08.070 of the Kent Zoning Code similarly disallows animals in residential districts on lots
smaller than 20,000 square feet.
Several urban cities allow small animals on lots within their municipal boundaries. Attached is a
matrix summarizing various city code provisions related to small animals. Staff is proposing
amendments to Kent City Code related to animals in residential districts. The proposal
generally duplicates the City of Seattle regulations regarding the keeping of animals as
accessory uses in single family residential zones with minimum 5,000 square foot lot size.
PROPOSED AMENDMENTS:
Delete 8.03.210(2) (Animal nuisances defined.)
mules,Animals, excluding heusehold pets, such as degs and cats, but partiEularly horses,
the demestie, being kept iR Fesidential diStFiEtS eR lets ef less than twenty thousand (20,000)
square Fabbits, bevine animals, lambs, geats, sheep, biFds, hegs, ehiekens eF etheF animals made te
Amend 15.08.070 Animals in residential districts.
The keeping of small animals, farm animals, domestic fowl and bees is permitted outright as an
accessory use to any principal use permitted outright or to a permitted conditional use subject
to the following standards:
A. Small Animals. Up to three (3) small animals per single-family residential structure may be
kept in single-family zones with minimum 5,000 square foot lot size; however, no more than
one (1) may be a miniature potbelly pia (see subsection B of this section
Four (4) small animals are permitted on lots of at least twenty thousand (20,000) square feet.
One (1) additional small animal is permitted for each five thousand (5,000) square feet of lot
area in excess of twenty thousand (20,000) square feet.
Accessory structures, including kennels, for four U or more small animals must be at least ten
(10) feet from any other residentially zoned lot.
B. Miniature Potbelly Pigs. That type of swine commonly known as the Vietnamese, Chinese, or
Asian Potbelly pia (sus scrofa bittatus) may be kept as domestic pets as a small domestic
animal,, provided that no swine may be kept in the city which is greater than twenty-two (22)
inches in height at the shoulder or more than one hundred fifty (150) pounds in weight.
C. Domestic Fowl. Up to three (3) domestic fowl may be kept on any lot in addition to the small
domestic animals permitted in the preceding subsection. For each one thousand (1,000) square
feet of lot area in excess of the minimum lot area required for that zone, as long as the
minimum lot size is 5,000 square feet or greater, one (1) additional domestic fowl may be kept.
D. Farm Animals. Cows, horses, sheep and other similar farm animals are permitted only on
lots of at least twenty thousand (20,000) square feet. The keeping of swine is prohibited,
except for miniature potbelly pigs allowed under subsection B of this section.
1. One (1) farm animal for every ten thousand (10,000) square feet of lot area is permitted.
2. Farm animals and structures housing them must be kept at least fifty (50) feet from any
residentially zoned lot.
E. Beekeeping. Beekeeping is permitted outright as an accessory use, when registered with the
State Department of Agriculture,, provided that:
1. No more than four (4) hives, each with only one (1) swarm, shall be kept on lots of less than
ten thousand (10,000) square feet.
2. Hives shall not be located within twenty-five (25) feet of any property line except when
situated eight (8) feet or more above the grade immediately adjacent to the grade of the lot on
which the hives are located or when situated less than eight (8) feet above the adjacent
existing lot grade and behind a solid fence or hedge six (6) feet high parallel to any property
line within twenty-five (25) feet of a hive and extending at least twenty (20) feet beyond the
hive in both directions.
These amendments would be procedural in nature and categorically exempt from environmental
review. Staff will be available at the April 9th workshop to further discuss this issue.
CA pm S.lPermitIPlanIZONECODEAMEND12006JAnimals in residential districtslMemo.doc
Enc: Attachment A—Matrix of Other City Codes; Docket submittal
cc: Fred N.Satterstrom,AICP,CD Director
Project File
LUPB Workshop
April 9, 2007
ZCA-2007-1
Page 2of2
Animals (small), specifically chickens, in Residential Districts
City # Allowed Minimum Setbacks/Other Requirements
Lot/Structure
Bainbridge Island < 6 = household pets n/a n/a
Bellevue < 6 = household pets None If restrained outdoors, min. 15' from
property line
If 6<10 10,000 sf + 1500 If restrained outdoors, min. 25' from
sf for each animal property line
over 6
If 10+ 20,000 sf + 1500 If restrained outdoors, min. 25' from
sf for each animal property line
Bellingham n/a n/a Securely confined in enclosure
Burien If >3 1/2 acre Confined, min. 35' from property line
Max. one animal per one square foot of
structure up to max. 2,000 sf
Des Moines 30 of any combo n/a Confined, min. 35' from property line,
min. 45' from dwelling unit on same
remises
Edmonds Only if grandfathered n/a Comply w/animal control regulations
& licensed
Issaquah 7 per 1/2 acre If >/= 35,000 sf n/a
<21/2 acres
15 per acre If 2.5 acres+
King County If indoors & caged — n/a
unlimited.
Or, if unca ed - 5
combo w/other
livestock
3/1-11-1 < 201000 sf One per square foot of structure used
5/1-11-1 2O,000 — 35,000 sf to house the chickens, max. 2000 sf
+ 2/acre, max 20 > 35,000 sf
Kirkland < 5 pairs n/a n/a
Newcastle One per sf structure, n/a n/a
max. 2000 sf
Portland </= 3 n/a n/a
> 3 n/a Animal Facility Permit, min. 25' from
dwelling
Redmond 10 1/2 acre Sheltered, Min. 30' from property line
Renton </= 6 One acre Min. 25' from property line
Seattle 3 +one for each 1,000 5,000, 7200, and n/a
sf in excess of min. lot 9600 sf
area for zone
SeaTac 5 n/a Confined, maintained; structure setback
per zone
Shoreline If indoors, 5 n/a n/a
If outdoors n/a One cf/bird, not Min. 10' from property line, 20' from
exceeding 2000 sf dwelling
Tukwila 12 combo + 1/10t" for Min. 10,000 sf Min. 65' from dwelling other than
each add'I 1,000 sf owner's, Min. 20 feet from property
line; roaming area min. 35' from
adjacent dwelling; max. 1 building on
site
S:\Permit\Plan\ZONECODEAM END\2006\Animals in residential districts\Animalsmatrix.doc 3/30/07
5
Planning Services
Location:400 W.Gowe• Mail to:220 4th Avenue South•Kent,WA 98032-5895
Permit Center(253) 856-5302 FAX: (253) 856-6412
KEN T www.ci.kent.wa.us/permitcenter
WASHINGTON
PLANNING SERVICES Comprehensive Plan Text and
Zoning/Development Code
Please print in black ink only. Amendment Docket
Application Name: AtmALs N Docket #: DKT-.4006 —'-
OFFICE USE ONLY OFFICE USE ONLY
Date Application Received: Z9oG Received by:e`PA4zcAo4e
Applicant:
Name: —rAnic JA Daytime Phone: (2-53) ioi-4sy9
Mailing Address: 28325- 144-h-,&,,& SE Fax Number:
City/State/Zip: Kemr, WA W042- Signature:
Professional License No: E-mail: }iayneiac6owrOR 09I&0.4e
Agent/Consultant/Attorney: (mandatory if primary contact is different from applicant)
Name: Daytime Phone:
Mailing Address: Fax Number:
City/State/Zip: E-mail:
Signature
Suggested comprehensive plan text or zoning/development coda amendment language.This
can
be either conceptual or specific amendatory language. Please be as clear and concise as possible so that
your proposal can be adequately evaluated. If specific wording changes are proposed, reference the spe-
cific comprehensive plan or code section and show changes in strikeout/underline format.Attach additional
pages as needed.
Conlr/yaEie 4rY&oiAs j4 Sec-riaNs iw TITLE 8 (,{1e4GTN if XAW1V TtoN).knlp 7t-rL,E �s
��,v�N¢� �ZEt��r� "A-�wwu�.s''�•� T.� ,�.�rr Ci-ry Low . L�Fr!N►�o�.� � 14.unni4ts,
Am.L4yks-rg!W I# Atop APPRoPt2i*-ts: rA t4imL*i jgr sgeS 1. 12 S 1Oft-rr1Al_DlS'ZWc?S
Da*%t t� Ab4x"AL.S.
Support for the suggested comprehensive plan text or zoning/development code amendment.
Explain the specific reason for the request. If a zoning/development code amendment, describe how it is
consistent with the intent of the City of Kent Comprehensive Plan and reference the specific supporting
goals and policies. If a comprehensive plan text amendment, describe how it addresses the interests and
changed needs of the entire city as identified in the City's long-range planning and policy documents, in-
cluding, but not limited to, the Comprehensive Plan. Include any data, research, or reasoning that supports
the suggested amendment.Attach additional pages as needed.
-Sm
GH 1-2 PSD4098.8/24/06 p.1 of 2
Message Page 1 of 5
DST 2Cf,&-5
Anderson, Charlene
From: Mayor
Sent: Tuesday,August 15,2006 9:51 AM
To: Cooke, Suzette
Cc: Anderson,Charlene
Subject: FW: Responding to your phone call/RE: Variance For Chickens
-----Original Message-----
From: Tami Jayne Jackson, LMT(mailto:tjaynejackson@yahoo.com]
Sent: Monday,August 14, 2006 2:41 PM
To: Mayor
Subject: Responding to your phone call/RE: Variance For Chickens
Mayor Suzette Cook;
Thank you so much for responding to my inquiry with a phonecalt. In an ideal world, there would be
no need for city codes. Every resident would be mindful of his/her neighbor and there would be no
conflict between them. With that being said, please know I'm doing everything in my power to get
along with my neighbors. I hope you understand the reason I am writing back (instead of calling).
There are just too many issues that need to be communicated and I feel if I give those reasons to you
in writing (instead of responding over the phone) it will spare you of a significant amount of work
(you won't have to do the tedious chore of documenting everything needs to be said because this
email will do that for you).
I have nine chickens (all female). My pet birds all eat out of my hands (as I pluck yard weeds, offer
them over-ripened raspberries or provide table scraps to them with my outstretched fingers). Each of
our pet birds have names: Freckles, Dots, Fawn, Percephone, Llew . . .
In asking for a personal variance - I am not specifically asking for the city to make a code change (but
if that happens, I would feel very happy for it because I think raising chickens, in an environmentally
responsible manner, is part of futuristic/organic thinking). I'm asking the City of Kent to consider
what kind of message it hopes to send to the people. If I am denied the right to raise healthy Et
happy pet chickens on a 1/3 acre lot, which abuts farmland, then the City of Kent will be sending a
new message that is in complete opposition to what the city has been trying to convey about being
environmentally conscious. Owning chickens enables me to have an organic-and environmentally
accountable yard. Please see all of my reasoning for making this statement, below:
• MY RAISING CHICKENS IS PART OF BEING ENVIRONMENTALLY RESPONSIBLE
o Bug and Grub Control
These pet chickens that I supervise dwelt inside a private coop that is further enclosed
in our yard's surrounding 6-feet-tall fence (wooden on three sides/chain-link on the
farming side). They are not mere farm animals. Our pet chickens afford the most
natural way 1 know of to keep away bugs (they consume them). I even throw the
occasional slug into the chicken coop because I know the slug will NOT survive in there
(I don't have to poison the yard with slug killer, weed killer or any other kind of poison
because the chickens eat pretty much everything that I don't want in my yard).
o Odor Control: My coop is very large considering the number of birds I oversee (and so
8/15/2006
Message Page 2 of 5
°r
there is no odor problem for me or the neighbors to contend with). Because of the coop
size, the manure gets spread out throughout a large area and doesn't congregate in
one spot. What's more, I throw straw down and periodically change it (I put the old
straw on the compost pile because it gets wet from their water dishes and from rain
water that hits a small segment of their coop. The biggest focus, when it comes to
cleaning up after the chickens, is their bedding - which I change weekly.
o More Composting: My husband Doug is presently building a "chicken tractor" (small
but mobile chicken coop) so we can safety move the chickens about the yard without
concern of predators (our fenced yard keeps stray dogs outside of the yard but we
have eagles nesting nearby so a fully enclosed coop is mandatory for chicken safety).
In the chicken tractor, our pets can eat all of the weeds in our fall garden while they
fertilize the soil. Here's a picture of what a typical chicken tractor looks like:
http://www.robocoop.com/finishedwithpots.jpg. Using a chicken tractor further
spreads the valuable chicken manure around the yard and feeds the soil with nutrients
(so there's even LESS manure inside the large coop).
o Organic gardening: Our soil is like a bank account. We can only take out of it what
we put in. One must feed the soil with pure, good nutrients to get much back from it.
Since we bought this place, my husband and I have been converting our home into a
very well-groomed and purely organic environment. We've planted seven trees on our
yard in the last year (two apple trees, one pear, one flowering cherry, a blue spruce, a
tall/thin evergreen, a Japanese maple). Our home offers well-kept landscaping;
including a new herb garden, patio-potted plants and our grub/insect eating pet
chickens are a part of that well-groomed environment. Their manure fertilizes the
plants. Their stomachs ingest the bugs and grubs. They consume whatever table scraps
and yard waste that doesn't make it to the compost pile. (E.g., coffee grounds and
egg shells still go to compost but most everything else gets fed to the chickens).
o Noise issue: Because we keep NO roosters (our farm-neighbors' rooster crows enough
to pleasure us all) there are no crowing or loud noises coming from the chicken habitat
in my yard. Female chickens (hens) only squawk when they are being chased.
Otherwise, there's really nothing about the volume of their coop that could be
considered a nuisance by any of the neighbors. What's more, the coop is a reasonable
distance from any bedroom windows.
I've hosted wedding showers and such parties in my back yard (near the coop) and my
guests regularly comment on how peaceful and quiet the chickens are- they're also
very colorful and aesthetically pleasing to them. My guests report they wouldn't know
the chickens were there if they didn't SEE them (and the residential neighbors cannot
see my chickens without climbing over the tall wooden fence or else trespassing into
the farm next door where they could spy through the tall chain link fence).
CONFESSION: The loudest birds I have in my chicken coop is actually a dove and her
baby. No complaint has ever been made about the dove's cooing (I don't think the
neighbors even know I have a dove in there). If a complaint was ever made against the
dove, I would move her indoors and place her at my massage clinic where my clients
could hear doves coo while they get their massage. Right now, however, the doves
truly enjoy all the room that the large chicken coop provides for them and they fly
about with a great amount of freedom.
o Aesthetics: Not only did my husband and I use an existing metal structure to house
our chickens (something that's been on this property for many years) but our rare-
8/15/2006
Message Page 3 of 5
breed pet chickens are very colorful and they remain a beautiful expression of the peace
and tranquility that my husband and I have been trying to create on this property.
We've added rock walkways and beauty bark with many shrubs. The gate into the
chicken coop is a piece of art. I collected large engraved picture frames from the
thrift store and added bamboo to construct the sturdy doorway. The walkway up to
the coop comes from the many rocks that I've pulled from digging in my herb garden
(and formed into an aesthetically pleasing-shaped walk).
o Spiritual Oasis: chickens are wonderful companions. I feel spiritually centered and
destressed (forget about work or crabby people) when I enter our chicken coop. I
cannot wait until the day when our chickens are more mature and can lay their
hormone-free/antibiotic-free eggs (with an orange yolk instead of the less nutritious
yellow yolks available at the grocery store). "This I expect to be able to glean in
another 8 or 9 months when the chickens become fully mature. In the mean time, they
feed me spiritually.
o Disease prevention: All of my chickens were immunized upon hatching. I received a
certification to document such from McMurry Hatchery (in Iowa) where I had ordered
my chickens via their "rare bird" special. I've raised these chickens since they were a
couple days old. What's more, the fact that my coop is fully covered means no wild
birds can visit the chickens and spread disease. Because my birds are ALWAYS
enclosed, they do not socialize with other birds or animals that might bring them
harm.
o WHY THE COMPLAINT ABOUT OUR CHICKENS WAS FILED IN THE FIRST PLACE:
When we bought this home, at 28325 144th Ave SE, the back yard was full of unsightly
raspberry bushes (rows and rows of them). The front yard also housed a very
cumbersome and rotting (5 feet above ground) plywood fish tank that did not fit into
the greater scheme of this beautiful neighborhood. Carpenter ants were consuming
that fish-tank's insulation. So my husband and I tore it down and got rid of at[ the
other yard eyesores that previously plagued this piece of property. What's more, on
the north side of this property (the stretch along the fence that abuts 283rd Street)
there used to be pea-gravel on the ground and that encouraged neighbors to park
there.
With so many cars parked on our property- the place looked like a used car lot. My
husband and I determined to changed the pea gravel (used it instead to make
attractive walk-ways in the back yard) and replaced the landscaping along 283rd with
beauty bark and small shrubs. The complaining neighbor, who lives on the west side of
our home, was angry to not be able to have her son and his friends park on our
property anymore and THAT is what this complaint about chickens is all about. She
was angry when I removed raspberry bushes from our back yard (even when I gave her
some of the plants in an attempt to appease her). She has been angry with ANY change
we've made to this property and if I have a party she spies through the fence at us
(she's not wilting to come over and share a drink or anything. She just wants to spy).
Please understand that my husband and I only have good will for my neighbors and we will continue
to groom our yard to create an environment that expresses and enhances the lives of those who
occupy this space in South King County. If someone from the city could just come by our property to
look and see what has been going on, they would see that the public interest is well served by the
chicken coop. Our coop completely relates to the larger environment in which it occurs. The
landscaping contributes to the ecosystem in which it occurs as welt. No new structures have been
built on our property to house the pet chickens (with the exception to the added chicken wire - and
8/15/2006
Message Page 4 of 5
with exception to the mobile and small "chicken tractor" that we are constructing right now).
This issue (of me potentially being in violation of city code by owning pet chickens)is NOT an
argument between immaculate green lawns with their sharply confined vegetation and a single
family (us) who seeks to garden via more environmentally sensible/alternative methods. It's about
residential homes that invaded farmland and those new residents are now beginning to challenge
what has always been in this farming community. Again, 1 do not regard the pet chickens I supervise
as farm animals because I spend a good deal of time with them each day. I feel a significant amount
of therapeutic rest each time I enter that coop and talk to the "girls."They are at[happy and
healthy birds. They are all dutifully cared for and are always confined to our yard (unlike the free
range pet chickens next door).
I ask for a personal variance to this issue of keeping pet chickens because my birds are making a
small but significant contribution to the environment (they offer an alternative to damaging the
environment with weed and slug control/pollutants). My chickens offer a little oasis of spiritual
vegetation to offset any negative (e.g. sounds of garbage collection/barking dogs/mating cat) noises
that can be heard around the neighborhood throughout the week.
HERE ARE MORE REASONS WHY I BELIEVE OUR PROPERTY (SPECIFICALLY DOUG AND 1) DESERVE A
PERSONAL VARIANCE FOR RAISING CHICKENS
Request to acquire a personal variance.
(We're not the least bit "chicken"about presenting our desire to keep healthy poultry!)
#1: DESIGNATION OF OUR PROPERTY SHOULD NOT BE PURELY "RESIDENTIAL" SO WE SHOULD
NOT BE IN VIOLATION OF THE CODE: I am not living in a typical "residential" neighborhood. Our
house begins the farming area of the Kent East Hill. Therefore the restriction for "residential"
neighborhoods does not accurately apply to our 1/3 acre (as farms surround our home -- both to
immediate south and east of our property).
#2: GRANDFATHERED STATUS OF OUR HOME AS CAPABLE OF HOUSING FEMALE CHICKENS DUE TO
ITS HISTORY: Our home was one of the earliest homes built in this East Hill neighborhood, built more
than 40 years ago (in 1965) before any of the residential areas on the Kent East Hitt began to spring
up. Our property came into existence when the entire neighborhood was still designated exclusively
as a farming community.
#3: KENT'S CITY CODE AGAINST CHICKENS IS THE CURRENT LAW AND I RESPECT THAT -- ALWAYS
WANT TO LIVE PEACEFULLY WITH LAW GOVERNING BODIES -- THE RULES AGAINST CHICKENS
SEEMS OUTDATED (WHEN EVEN EXCLUSIVELY METROPOLITAN AREAS SUCH AS SEATTLE ALLOW
CITY RESIDENTS TO KEEP CHICKENS WITHIN RESIDENTIAL AREAS).
• Again, I do not think my piece of property breaks the city code because it's not purely a
"residential" lot. However, in most cities, ordinances about chickens came about because of
concern that the animals would make the atmosphere to be Podunk . . . and undeveloped-
looking.
• Laws prohibiting backyard hens often took place during the suburban development boom in
the 1950s (and are no longer appropriate in neighborhoods where there is the financial means
to create aesthetically pleasing, healthy, homeostatic chicken coops.
• Just Google search "Chicken coop tour, Seattle" and see MANY articles about Seattle
residents raising chickens in small yards and on condo porches - which is in ACCORDANCE
with City of Seattle codes.
• The following Seattle Times article shows PHOTOS of such chicken coops:
8/15/2006
y .Message Page 5 of 5
http://seatttetimes.nwsource.com/pacificnw/2002/0120/cover.htm1
#4: DOUG AND I ARE BOTH VERY RESPONSIBLE PET OWNERS:
All of our pets (including our dachshund and two indoor cats) receive proper veterinarian care. They
all *(including the chickens)have been vaccinated. None of our pets are able to invade the neighbors
home or yard due our very adequate houseing and fencing. Our dog/cats are registered with the City
of Kent and all three of them also have identification chips implanted.
WE DO NOT WANT TO WASTE CITY TIME/ENERGY:
o Our primary goal in addressing this complaint is to come to a peaceful solution without
having to surrender any of our pets. I'd like to resolve this issue as soon as possible, and
without wasting any city employee time or energy.
o The most expedient and painless way to resolve this issue is for the city to offer us a personal
variance where our home is recognized as being part of the old farming community and our
old rambler home is grandfathered in under that designation.
o This is not a small issue. The big issue here is how people should live. Should we all have
homes built 12 inches apart, surrounded by concrete, or in a greener environment where we
manage the soil responsibly?
Mayor Cook, I am more than willing to talk with you on the phone (or will meet with you in person) if
you think that would be helpful. Again, I send this letter to help save you some time and effort -- to
prevent you from having to document all of the reasons why I feel Doug and I should be able to keep
our chickens. If you have any tasks that you would like to assign me (e.g., should I get a petition
started?) please, just ask me and I will do it. I just need to know what the proper procedure is for
asking for a variance - what protocol should I follow to make this thing happen (where I am allowed
to keep my pets, responsibly).
Thank you, so much, for giving of your valued time to consider this issue fully. 1 cannot tell you how
much this means to me (to finally feel like I am being heard).
Most humbly,
Tami Jayne Jackson
28325 144th Ave SE
Kent, WA 98042
Tami Jayne Jackson, LMT/BA
Tamoon Massage LLC: "Feeling The Healing"
20 B St. NE, Auburn, WA 98002
P: 253.709.4589 * http://Tamoon.com
Yahoo! Messenger with Voice. Make.PC-to-Phone Calls to the US (and 30+ countries) for
24/min or less.
8/15/2006
City Code Chapter 8.01 Public Nuisances — City of Kent, Washington Page 1 of 5
Chapter 8.01
PUBLIC NUISANCES*
Sections:
8.01.010 Definitions.
8.01.020 Prohibited conduct.
8.01.030 Types of nuisances.
8.01.040 Authorized act not a public nuisance.
8.01.050 Violation — Penalty.
*Editor's note— Ord. No. 3111, § 4, adopted May 18, 1993, repealed former ch. 8.01 in its entirety, which pertained to
similar subject matter. Section 5 of said Ord. No. 3111 added a new ch. 8.01 to read as herein set out. See the Code
Comparative Table for a detailed analysis of inclusion.
Cross reference(s) — Environmental policy, ch. 11.03; buildings, ch. 14.02; dangerous buildings, ch. 14.06; performance
standards, § 15.08.050.
State law reference(s) — Nuisances, RCW 9.66.010 et seq.; public health authority, RCW 35A.70.070; abandoned or
unclaimed property, RCW 63.32.010 et seq.; disposition of certain unclaimed property, RCW 63.21.010 et seq.; local
health departments, RCW 70.05.010 et seq.; mosquito control, RCW 70.22.010 et seq.
8.01.010 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
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City Code Chapter 8.01 Public Nuisances — City of Kent, Washington Page 2 of 5
Abate means to repair, replace, remove, destroy or otherwise remedy a condition which constitutes violation of this chapter
by such means and in such a manner and to such an extent as the applicable department director determines is necessary
in the interest of the general health, safety and welfare of the community.
Building materials means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt,
concrete block, roofing material, cans of paint and similar materials.
Director means the director of the department in charge of code enforcement or his or her designee or any designated
alternate who is empowered by ordinance or by the mayor to enforce this chapter including assigned code enforcement
officials.
Person means any individual firm, association, partnership, corporation or any other entity, public or private.
Premises means any building, lot, parcel, real estate or land or portion of land whether improved or unimproved, including
adjacent sidewalks, public rights-of-way, and parking strips and any lake, river, stream, drainage way or wetland.
(Ord. No. 3111, § 5, 5-18-93)
8.01.020 Prohibited conduct.
It is a violation of this chapter for any person to permit, create, maintain, or allow, upon any premises, any of the acts or
things declared in KCC 8.01.030 to be a public nuisance.
(Ord. No. 3111, § 5, 5-18-93)
8.01.030 Types of nuisances.
Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and
whenever the director determines that any of these conditions exist upon any premises, the director may provide for the
abatement thereof and monetary penalties may be assessed pursuant to Ch. 1.04 KCC, Civil Violations, Enforcement and
Abatement:
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City Code Chapter 8.01 Public Nuisances — City of Kent, Washington Page 3 of 5
1. The existence of any trash, dirt, filth, the carcass of any animal, manure or rubbish, accumulation of yard trimmings,
excluding properly maintained yard compost, or other matter which is offensive to a reasonable person; except for such
yard debris that is properly contained and concealed as not to affect the health, safety or depreciation of adjoining
property for the purpose of composting; or
2. Erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any premises, which
may be viewed or smelled from without the premises, or in or upon any street, alley, sidewalk, park, parkway or other
public or private place in the city, any one (1) or more of the following disorderly, disturbing, unsanitary, fly-producing,
rat-harboring, disease-causing places, conditions or things:
a. Any putrid, unhealthy or unwholesome bones, meat, hides, skins, the whole or any part of any dead animal, fish or
fowl, or waste parts of fish, vegetable or animal matter in any quantity; but nothing herein shall prevent the temporary
retention of waste in approved covered receptacles; or
b. Any privies, vaults, cesspools, open containers of stagnant water, sumps, pits or like places which are not securely
protected from flies and rats, or which are malodorous; or
c. An accumulation of material including, but not limited to bottles, cans, glass, plastic, ashes, scrap metal, wire bric-
a-brac, broken stone or cement, broken crockery, broken glass, broken plaster, litter, rags, empty barrels, boxes,
crates, packing cases, mattresses, bedding, packing hay, straw or other packing material or building materials on any
premises which not properly stored or neatly piled or is offensive to a reasonable person or in which flies or rats may
breed or multiply; or
d. Accumulation of any litter, garbage, trash, refuse and/or rubbish; or
e. The keeping, using or maintaining of any pen, stable, lot, place or premises in which any hog, cattle or fowl may be
confined or kept in such a manner as to be nauseous, foul or offensive.
3. The existence of any fence or other structure on private property abutting or fronting upon any public street, sidewalk
or place which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition; or
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City Code Chapter 8.01 Public Nuisances — City of Kent, Washington Page 4 of 5
4. The existence of wrecked or disassembled trailers, house trailers, boats, tractors or other vehicle, appliance or
machinery of any kind, or any major parts thereof; or
5. The existence on any premises of any abandoned or unused well, pit, shaft, cistern or storage tank without first
demolishing or removing from the premises such storage tank, or securely closing and barring any entrance or trapdoor
thereto or without filling any well, pit, shaft or cistern or capping the same with sufficient security to prevent access
thereto; or
6. The existence in a place accessible to children of any attractive nuisance dangerous to children, including but not
limited to any abandoned, broken or neglected equipment, machinery, refrigerator, freezer, or other large appliance.
7. Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities.
8. All snow and ice not removed from public sidewalks within a reasonable time after the snow and ice have ceased to
be deposited thereon.
9. All trees, hedges, billboards, fences or other obstructions which prevent persons from having a clear view of traffic
approaching an intersection from cross streets in sufficient time to bring a motor vehicle driven at a legal speed to a full
stop before the intersection is reached.
10. Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes
large crowds of people to gather, obstructing traffic and the free use of the streets or sidewalks. This subsection shall
not apply to events, programs or parades authorized by the city council.
11. Any poisonous or harmful substance which is reasonably accessible to persons or to animals.
12. The keeping or harboring of any animal which by frequent or habitual howling, yelping, barking or the making of
other noises, or the keeping or harboring of any fowl which by frequent habitual crowing or the making of other noises
shall annoy or disturb a neighborhood or any considerable number of persons.
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City Code Chapter 8.01 Public Nuisances — City of Kent, Washington Page 5 of 5
13. Every building or unit within a building used for the purpose of unlawfully manufacturing, delivering, selling, storing
or giving away any controlled substance as defined in Chapter 69.50 RCW, legend drug as defined in Chapter 69.41
RCW, or imitation controlled substance as defined in Chapter 69.52 RCW, and every building or unit within a building
wherein or upon which such acts take place.
14. Soils contaminated by dangerous waste, hazardous substances or hazardous wastes as those terms are defined in
RCW 70.105.010.
(Ord. No. 3111, § 5, 5-18-93)
8.01.040 Authorized act not a public nuisance.
No act which is done or maintained under the express authority of a statute or ordinance can be deemed a public
nuisance.
(Ord. No. 3111, § 5, 5-18-93)
8.01.050 Violation — Penalty.
A. Any violation of any provision of this chapter constitutes a civil violation under Ch. 1.04 KCC for which a monetary
penalty may be assessed and abatement may be required as provided therein.
B. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any
provision of this chapter shall be guilty of a misdemeanor pursuant to KCC 1.01.140.
C. As an alternative to any other penalty provided in this chapter, pursuant to a violation of KCC 8.01.030(13), abatement
proceedings may be instituted under Chapter 7.43 RCW.
(Ord. No. 3111, § 5, 5-18-93)
Code Publishing Company
Code Publishing's website
Voice: (206)527-6831
Fax: (206)527-8411
E-mail Code Publishing
http://www.ci.kent.wa.us/citycode/kent08O1.asp 4/16/2007
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Kent City Code Chapter 8.03 Animal Control City of Kent, Washington Page 1 of 30
Chapter 8.03
ANIMAL CONTROL*
Sections:
8.03.010 Purpose.
8.03.020 Intent.
8.03.030 Definitions.
8.03.040 License — Required.
8.03.050 Same — Fees.
8.03.060 Penalty.
8.03.070 Nonapplicability.
8.03.080 Animal shelter, kennel, grooming parlor, cattery, hobby kennel and pet shop license — Required.
8.03.090 Compliance with local zone and health regulations.
8.03.100 Reporting required.
8.03.110 Inspection.
8.03.120 Unsanitary conditions unlawful.
8.03.130 Conditions.
8.03.140 Indoor facilities.
8.03.150 Outdoor facilities.
8.03.160 Hobby kennel license — Required.
8.03.170 Grooming parlors — License required.
8.03.180 Same — Conditions.
8.03.190 Animal shelters, catteries, hobby kennels, kennels, pet shops, grooming parlors, guard dog purveyors, guard dog
trainers and guard dog owners — Additional conditions.
8.03.200 Licenses, registration — Revocation, suspension, refusal to renew.
8.03.205 Animals in parks.
8.03.210 Animal nuisances defined.
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Kent City Code Chapter 8.03 Animal Control City of Kent, Washington Page 2 of 30
8.03.220 Dangerous and potentially dangerous dogs — Defined — Ownership requirements.
8.03.230 Registration, fee.
8.03.240 Unlawful activities.
8.03.250 Confiscation and penalties.
8.03.260 Reserved.
8.03.270 Reserved.
8.03.280 Poisonous reptiles, poisonous snakes and constrictor snakes.
8.03.290 Enforcement power.
8.03.300 Violations.
8.03.310 Impounding.
8.03.320 Euthanasia, sale, or adoption of animals not redeemed — Prohibitions.
8.03.330 Reserved.
8.03.340 Dealers and research facilities — Reports and records available for public inspection.
8.03.350 Additional enforcement.
8.03.360 Violations — Notice and order.
8.03.370 Appeals.
8.03.380 Redemption procedures.
8.03.390 Nuisances, removal.
8.03.400 Civil penalty and abatement costs.
8.03.410 Supplemental provisions.
8.03.420 Waiver of fees and penalties.
*Cross reference(s) —Animals in parks and recreation areas, § 4.01.030; environmental policy, ch. 11.03; animals in
residential districts, § 15.08.070.
State law reference(s) —Animals, estrays, brands and fences, RCW 16.04.005 et seq.; dangerous dogs, RCW 16.08.010 et
seq.
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Kent City Code Chapter 8.03 Animal Control City of Kent, Washington Page 3 of 30
8.03.010 Purpose.
It is declared the public policy of the city to secure and maintain such levels of animal control as will protect human health and
safety, and to the greatest degree practicable, prevent injury to property and cruelty to animal life. To this end, it is the
purpose of this chapter to provide a means of licensing dogs, cats, animal shelters, hobby kennels, kennels and pet shops and
controlling errant animal behavior so that it shall not become a public nuisance and to prevent cruelty to animals.
(Ord. No. 2316, § 1; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.04)
8.03.020 Intent.
It is the city council's intent that the regulation and control of potentially dangerous or dangerous dogs as defined in RCW
16.08.070 should apply in the city through enforcement by the city's interlocal agreement with King County. It is the city
council's further intent that the enforcement standards as provided for in RCW 16.08.070 et seq. should control over any other
local standard of enforcement for such dangerous or potentially dangerous dogs as provided for in this chapter.
(Ord. No. 2787, § 1, 6-21-88; Ord. No. 3156, § 1, 2-15-94)
8.03.030 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
Abatement means the termination of any violation by reasonable and lawful means determined by the director in order that an
owner or a person presumed to be the owner shall comply with this chapter.
Anima/means any living creature except persons, insects and worms.
Animal control authority means the King County Animal Control Section, licensing and regulatory services division, acting alone
or in concert with other municipalities for enforcement of animal control laws and the shelter and welfare of animals.
Anima/control officer means any individual employed, contracted or appointed by the animal control authority for the purpose
of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensing of animals, control of
animals or seizure and impoundment of animals, and includes any state or municipal peace officer, sheriff, constable or other
employee whose duties in whole or in part include which involve the seizure and taking into custody of any animal.
Animal rescuer means any individual who routinely obtains an unwanted dog or cat or who locates within ninety (90) days an
adopted home for that spayed or neutered dog or cat; provided, however, an interim, administrative extension may be
granted by the animal control authority for a maximum of six (6) months if a dog or cat is pregnant, nursing, or injured and
that condition is verified by a veterinarian.
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Kent City Code Chapter 8.03 Animal Control City of Kent, Washington Page 4 of 30
Cattery means a place where four (4) or more adult cats are kept, whether by owners of the cats or by persons providing
facilities and care, whether or not for compensation, but not including small animal hospital, clinic or pet shop. An adult cat is
one (1) of either sex, altered or unaltered, that has reached an age of six (6) months.
Dangerous dog means that term as defined by RCW 16.08.070, and KCC 8.03.220 through 8.03.250.
Director means the individual in charge of and responsible for the King County Animal Control Section, licensing and
regulatory division.
Domesticated animal means any dog, cat, rabbit, horse, mule, ass, bovine animal, Iamb, goat, sheep or hog, bird, or other
animal made to be domestic.
Euthanasia means the humane destruction of an animal accomplished by a method that involves instantaneous
unconsciousness and immediate death, or by a method that causes painless loss of consciousness, and death during such loss
of consciousness.
Exotic animal means any of the following:
1. Venomous species of snakes capable of inflicting serious harm or death to human beings.
2. Non-human primates and prosimians.
3. Bears.
4. Nondomesticated species of felines.
5. Nondomesticated species of canines and their hybrids, including wolf and coyote hybrids.
6. The order of crocodilia, including alligators, crocodiles, caiman, and gavials.
Grooming par/or 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.
Harboring, keeping, or maintaining a dog or cat means performing any of the acts of providing care, shelter, protection,
refuge, food, or nourishment in such manner as to control the animals actions, or, that the animal(s) is treated as living at
one's house by the homeowner.
Hobby cattery means a noncommercial cattery at or adjoining a private residence where four (4) or more adult cats are bred
or kept for exhibition for organized shows or for the enjoyment of the species; provided, however, a combination hobby
cattery/kennel license may be issued where the total number of cats and dogs exceeds the number allowed under KCC Title
15.
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Kent City Code Chapter 8.03 Animal Control City of Kent, Washington Page 5 of 30
Hobby kennel means a noncommercial kennel at or adjoining a private residence where four (4) or more adult animals are
bred and/or kept for hunting, training and exhibition for organized shows, field, working and/or obedience trials or for
enjoyment.
Juvenile means any dog or cat, altered or unaltered, that is under the age of six (6) months.
Kennel means a place where four (4) or more adult dogs or cats or any combination thereof are kept whether by owners of
the dogs and cats or by persons providing facilities and care, whether or not for compensation, but not including a small
animal hospital or clinic or pet shop. An adult dog or cat is one (1) of either sex, altered or unaltered, that has reached the
age of six (6) months.
Leash shall include a cord, thong or chain not more than eight (8) feet in length by which an animal is controlled by the
person accompanying it.
Livestock means horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and fowl.
Owner means any person having an interest in or right of possession to an animal or any person having control, custody or
possession of any animal, or who, by reason of the animal being seen residing consistently in a location, may presume to be
the owner, and includes the definition as provided in RCW 16.08.070.
Pack of dogs means a group of three (3) or more dogs running upon either public or private property not that of its 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.
Park means and includes all parks, squares, drives, parkways, docks, piers, moorage buoys and floats, boulevards, golf
courses, beaches, playgrounds and recreation areas, play fields, public gardens, green belts, and other park, recreation, and
open space areas, buildings, and facilities comprising the parks and recreation system of the city of Kent.
Person means any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal
entity.
Pet shop means a person or establishment that acquires for the purpose of sale live animals, including birds, reptiles, fowl and
fish, bred by others whether as owner-agent, or on consignment, and sells, or offers to sell such live animals, including birds,
reptiles, fowl and fish, to the public or to retail outlets.
Potentially dangerous dog means that term as defined in RCW 16.08.070 and KCC 8.03.220 through 8.03.250.
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.
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Kent City Code Chapter 8.03 Animal Control City of Kent, Washington Page 6 of 30
Running at large means to be off the premises of the owner or on the premises of another without the written permission of
the owner thereof and not on a leash and not under the control of the owner or competent person authorized by the owner.
Service animal means any animal which is trained or being trained to aid a person who is blind, hearing impaired, or otherwise
disabled and is used for that purpose and is registered with a recognized service animal organization.
Shelter means a facility which is used to house or contain stray, homeless, abandoned or unwanted animals and which is
owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the
prevention of cruelty to animals or other nonprofit organization or person devoted to the welfare, protection and humane
treatment of animals.
Under control means the animal is restrained by a leash, chain, or similar device from approaching any bystander or other
animal and from causing or being the cause of physical property damage when off the premises of the owner.
Vicious means actions of animals, other than a dangerous dog or potentially dangerous dog, with the propensity to do any act
that might endanger the safety of any person, animal, property of another, including, but not limited to, a disposition to
mischief or fierceness as might occasionally lead to attack on human beings without provocation, whether in play or outbreak
of untrained nature.
(Ord. No. 2316, § 2; Ord. No. 2787, § 2(9.16.08), 6-21-88; Ord. No. 3156, § 1, 2-15-94; Ord. No. 3218, § 1, 4-4-95; Ord. No.
3429, § 1, 12-8-98. Formerly Code 1986, § 9.16.08)
Cross reference(s) — Definitions and rules of construction generally, § 1.01.030.
8.03.040 License — Required.
A. Requirements All dogs and cats harbored, kept or maintained in city over four (4) weeks of age shall be licensed and
registered annually; provided, that an altered two (2) year license may be purchased; provided, further, that dogs kept in
kennels need not be licensed, except as provided in KCC 8.03.080. This section shall not apply to dogs used by the police
department for police work.
B. Identification tags, tattoos. All license tags issued as provided in KCC 8.03.050 shall be securely fixed to a substantial collar,
harness or other means which shall be worn by the dog at all times. As an alternative to a license tag, an animal may be
identified as licensed by being tattooed on its right ear or on its inside right thigh or groin with a license number approved or
issued by the animal control authority.
C. License—Issuance generally; fees. The animal control authority may cause to be issued an exotic animal owner's license
that shall authorize the licensee to possess or maintain all or some of such species of exotic animals as specified accordance
to KCC 8.03.030 herein; provided the application is accompanied by payment of the license fee, contains the information
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Kent City Code Chapter 8.03 Animal Control City of Kent, Washington Page 7 of 30
required by KCC 8.03.040(D), and meets the cage or confinement rules and regulations of the animal control authority. The
fee for such license shall be as provided for in section 11.04.035 of the King County Code. All licenses shall expire one (1) year
from the date of the original application.
D. Same—Application; content. A verified application for such license made in triplicate shall be filed by the applicant with the
animal control authority which application shall contain the following: A legal or otherwise adequately precise description of
the premises which applicant desires to use under the required license; whether the applicant owns or rents the premises to
be used; if the applicant rents the premises, a written acknowledgment by the property owner that the applicant has the
owner's permission to carry on the activity as described in the license application for the duration of the license; the extent of
improvement upon such premises; a map or diagram of such premises showing where the improvements are located thereon;
a statement indicating the species of exotic animal which the applicant desires to possess or maintain a statement indicating
how the animal will be caged or otherwise confined, accompanied with a drawing detailing the dimensions of and the
materials used for the cage or similar confinement; and such further information as may be required by rules and regulations
of the animal control authority.
E. Same—Issuance;premises inspection. If after investigation by the director of the animal control authority, it appears that
the applicant is the owner or tenant or has a possessory interest in the property shown in the application, if applicable, has
the written permission of the property owner as specified in KCC 8.03.040(D), and that the applicant intends in good faith to
possess or maintain an exotic animal in accordance with the law and the rules and regulations of the animal control authority,
the animal control authority shall issue a license to the applicant describing therein the premises to be used by the licensee
and certifying that the licensee is lawfully entitled to use the same for the possession or maintenance of the exotic animal(s)
specified in such license; provided, that prior to issuing the license, the animal control authority shall inspect the cage or other
confinement as required by rule or regulation and specified in the licensee's application in order to determine whether the
cage or confinement meets the standard specifications for the classification of the exotic animal. If the cage or confinement is
deemed inadequate, the applicant shall make such changes as necessary to meet the standard specifications before the
license shall issue.
F. Periodic inspection ofpremises. The director of the animal control authority or any other officer authorized by him, may
make routine periodic inspections of a licensee's premises and records in order to determine the number, kind, weight and
condition of exotic animals possessed by the licensee, and for purposes of enforcing the provisions of this chapter and the
rules and regulations of the animal control authority.
G. License revocation; notice; hearing. The animal control authority may revoke, suspend or refuse to renew any exotic animal
owner's license upon good cause for failure to comply with any provision of this chapter or the rules and regulations of the
animal control authority authorized by this chapter; provided, that the violator shall be first notified of the specified violation
or violations, and if the violation can be remedied, the violator shall have fifteen (15) days after receiving the notice of
violation to correct the violation; provided further, that enforcement of such revocation, suspension or refusal shall be stayed
during the pendency of an appeal filed in the manner provided by KCC 8.03.370.
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H. Violation;penalty. Any person possessing or maintaining an exotic animal in the city without an exotic animal owner's
license as provided herein, or transferring possession of an exotic animal to a person not licensed as provided by this chapter,
is guilty of a misdemeanor and is subject to a fine not to exceed two hundred fifty dollars ($250) and/or by imprisonment not
to exceed ninety (90) days.
I. Euthanasia in exigent circumstances. An exotic animal possessed or maintained in violation of this chapter or the rules and
regulations of the animal control authority may be subject to euthanasia as defined in KCC 8.03.030 if any one (1) of the
following exigent circumstances is deemed to exist by the director of the animal control authority:
1. The exotic animal presents an imminent likelihood of serious physical harm to the public and there is not other
reasonably available means of abatement; or
2. There is no reasonable basis to believe that the violation can be or in good faith will be corrected and after reasonable
search or inquiry by the animal control authority no facility as authorized by local, state or federal law is available to house
the exotic animal; or
3. The exotic animal suffers from a communicable disease injurious to other animals or human beings; provided, that this
section shall not apply if the animal is under treatment by a licensed veterinarian and may reasonably be expected to
recover without infecting other animals or human beings.
J. Chapter limitations
1. The purpose of this chapter is to prohibit the private ownership of exotic animals as pets. Therefore, the provisions of
this chapter shall not apply to any facility possessing or maintaining exotic animals as defined in this chapter which is
owned, operated or maintained by any city, county, state or the federal government, including but not limited to public
zoos, nor shall it apply to museums, laboratories and research facilities maintained by scientific or educational institutions,
nor to private or commercial activities such as circuses, fairs, or private zoological parks which are otherwise regulated by
law, nor to any recognized program engaged in the training of exotic animals as defined in this chapter for use as service
animals by disabled citizens.
2. Breeding, or allowing the reproduction of, exotic animals as defined in this chapter is prohibited; provided, that this
prohibition shall not apply to any governmental facility possessing or maintaining exotic animals nor shall it apply to private
or commercial activities as set forth in subsection (3)(1).
(Ord. No. 2787, § 2(9.16.12), 6-21-88; Ord. No. 3156, § 1, 2-15-94; Ord. No. 3218, § 4, 4-4-95. Formerly Code 1986,
§ 9.16.12(A))
State law reference(s) — Dog licensing, RCW 16.10.010 et seq.
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8.03.050 Same — Fees.
A. Dog and cat licenses shall be issued by the animal control authority upon application and payment of an annual license fee
to the county treasurer. Such license fees shall be as established by the animal control division, department of general
services, King County.
B. Residents sixty-five (65) years of age or older shall be entitled to purchase a special permanent license for the lifetime of
cats or dogs which are neutered or spayed for which they are the registered owners when the animals are maintained at their
owner's registered address. Eligible residents may purchase the special permanent animal licenses at a cost as established by
the animal control division, department of general services, King County, and they shall not be required to purchase a new
license annually for the lifetime of such licensed animals.
C. No person shall be granted more than three (3) special permanent animal licenses for any combination of three (3) cats
and dogs for which such person is the registered owner.
D. The animal control authority is authorized to enact the necessary rules and procedures to efficiently implement the
program. Pet licenses for unaltered dogs and cats will be valid for a term of one (1) year from the date of issuance, expiring
on the last day of the twelfth month. Pet licenses for altered dogs and cats will be valid for two (2) years. Applications for dog
or cat licenses shall be on forms provided by the animal control authority. No proration of a license fee for a portion of the
calendar year shall be made. Renewal licenses will retain the original expiration period whether renewed prior to, on, or after
their respective renewal month.
E. An annual fee shall be paid by owners of dangerous or potentially dangerous dogs as provided in KCC 8.03.230.
F. All fees and fines collected under this chapter shall be deposited in the county current expense fund.
G. Juvenile license must be obtained for pets from four (4) weeks to six (6) months of age.
H. Owners of dogs and/or cats which hold valid licenses from other jurisdictions and who move into King County may transfer
the license by paying a transfer fee. Such license shall maintain the original expiration date.
I. It shall be a violation of this chapter for any person to sell or transfer ownership of any pet without a pet license. The King
County animal control authority shall be notified of the name, address, and telephone number of the new owner by the person
who sold or transferred the pet.
(Ord. No. 2787, § 2(9.16.12), 6-21-88; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.12(B))
8.03.060 Penalty.
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In addition to paying the appropriate license fee, a late penalty as established by the animal control division, department of
general services, King County, shall be charged on all applications received thirty (30) days after the date of renewal;
provided, however, that no late penalty shall be charged if:
1. The owner submits proof of purchase of the animal within the preceding thirty (30) days;
2. The owner has moved into the city within the preceding thirty (30) days;
3. The animal had been under the age which requires a license (four (4) weeks);
4. The owner purchases the license 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.
(Ord. No. 2787, § 2(9.16.12), 6-21-88; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.12(C))
8.03.070 Nonapplicability.
The provisions of KCC 8.03.040 through 8.03.060 shall not apply to dogs or cats in the custody of a veterinarian or animal
shelter or whose owners are nonresidents temporarily within the city for a period not exceeding thirty (30) days.
(Ord. No. 2787, § 2(9.16.12), 6-21-88; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.12(E))
8.03.080 Animal shelter, kennel, grooming parlor, cattery, hobby kennel and pet shop license— Required.
It is unlawful for any person to keep or maintain any animal shelter, kennel, grooming parlor, cattery, hobby kennel, or pet
shop within the city without first obtaining a license. The fee for such license shall be as established by the animal control
division, department of general services, King County. Each license and certificate of inspection issued pursuant to this chapter
shall be conspicuously displayed at the establishment to which such license was issued. The license shall be dated and
numbered and shall bear the name of King County, Washington, the name and address of the owner or keeper of the
establishment, and the expiration date of the license. The license shall run for a period of one (1) year from the date of
purchase.
(Ord. No. 2316, § 4A; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.16)
8.03.090 Compliance with local zone and health regulations.
A. Zoning compliance. The applicant for an original animal shelter, kennel, grooming parlor, cattery, hobby kennel, or pet
shop license shall, prior to issuance of such license, 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.
(Ord. No. 2316, § 4B; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.20)
8.03.100 Reporting required.
Each animal shelter, kennel, grooming parlor, cattery, hobby kennel, or pet shop shall provide a list to the animal control
authority, quarterly, based upon the calendar year, of all dogs and cats auctioned off, given away, sold or otherwise disposed
of. The list shall include the origin, age and type of dog or cat, and the name and address of the person to whom the dog or
cat was given or purveyed.
(Ord. No. 2316, § 4D; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.28)
8.03.110 Inspection.
It shall be the duty of the director, or his designee, of the Seattle-King County department of public health or the animal
control authority to make or cause to be made such inspections as may be necessary to insure compliance with other
applicable sections of this chapter. The owner or keeper of an animal shelter, kennel, grooming parlor, cattery, hobby kennel,
or pet shop shall admit to the premises, for the purpose of making an inspection, any officer, agent or employee of the
Seattle-King County department of public health or animal control authority at any reasonable time that admission is
requested.
(Ord. No. 2316, § 4E; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.32(A))
8.03.120 Unsanitary conditions unlawful.
It is unlawful to keep, use or maintain within the city any animal shelter, kennel, grooming parlor, cattery, hobby kennel, or
pet shop that is 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 KCC 8.03.110 and this section may be cause for revocation or denial of a license
to use, keep or maintain such animal shelter, kennel, grooming parlor, cattery, hobby kennel, or pet shop.
(Ord. No. 2316, § 4E; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.32(B))
8.03.130 Conditions.
Animal shelters, kennels, grooming parlor, cattery, hobby kennel, and pet shops shall meet the following conditions:
1. Housing facilities shall be provided for the animals and such shall be structurally sound and shall:
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a. Be maintained in good repair;
b. Be designed so as to protect the animals from injury;
c. Contain the animals; and
d. Restrict the entrance of other animals.
2. Electric power shall be supplied in conformance with city, county, and state electrical codes adequate to supply lighting
and heating as may be required by this chapter. Water shall be supplied at sufficient pressure and quantity to clean indoor
housing facilities and primary enclosures of debris and excreta.
3. Suitable food and bedding shall be provided and stored in facilities adequate to provide protection against infestation or
contamination by insects or rodents. Refrigeration shall be provided for the protection of perishable foods.
4. Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, and debris.
Disposal facilities shall be maintained in a sanitary condition, free from the infestation or contamination of insects, rodents
or disease, and from obnoxious or foul odors.
5. Washroom facilities, including sinks and toilets, with hot and cold running water, must be conveniently available for
cleaning purposes, and a large sink or tub provided for the purpose of washing utensils, equipment and facilities.
6. Sick animals shall be separated from those appearing healthy and normal and, if for sale, shall be removed from display
and sale. Sick animals shall be kept in isolation quarters with adequate ventilation to prevent contaminating healthy
animals.
7. There shall be an employee on duty at all times during hours any shelter, kennel, grooming parlor, cattery, hobby
kennel, or pet shop is open.
8. An employee or owner shall come in to feed, water and do the necessary cleaning of animals and birds on days the
shelter, kennel, grooming parlor, cattery, hobby kennel, or pet shop is closed.
9. No person shall knowingly sell a sick or injured animal or bird.
10. No person shall misrepresent an animal or bird to a consumer in any way.
(Ord. No. 2316, § 4F; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.36)
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8.03.140 Indoor facilities.
Animal shelters, kennels, grooming parlors, catteries, hobby 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 (3) times or more each hour. This may be accomplished through the location and periodic opening of doors and
windows. If fans or ventilating equipment are used, they shall be constructed in conformance with current standards of
good engineering practice with respect to noise and minimization of drafts.
3. Have sufficient natural or artificial lighting to permit routine inspection and cleaning at any time of day. In addition,
sufficient natural or artificial lighting shall be supplied in the area of sinks and toilets to provide for the hygiene of animal
caretakers.
4. Have interior wall and ceiling surfaces constructed of materials which are resistant to the absorption of moisture and
odors, or such surfaces shall be treated with a sealant or with paint when such materials are not originally resistant to
moisture or odors. Floor surfaces shall not be made of unsealed wood. In addition, interior walls shall be constructed so
that the interface with floor surfaces is sealed from the flow or accumulation of moisture or debris.
5. Contain a drainage system which shall be connected to a sanitary sewer or septic tank system which conforms to the
standards of building codes in force within the city and shall be designed to rapidly remove water and excreta in the
cleaning of such indoor housing facility under any condition of weather or temperature. This requirement shall not apply to
hobby kennels and pet shops. All indoor housing facilities for animals, fish, or birds shall be maintained in a clean and
sanitary condition and a safe and effective disinfectant shall be used in the cleaning of such facilities.
6. Conform with all applicable development standards of KCC Title 15, zoning.
(Ord. No. 2316, § 4G; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.40)
8.03.150 Outdoor facilities.
Animal shelters, kennels, grooming parlors, catteries, hobby 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.
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2. Be constructed to provide drainage and to prevent the accumulation of water, mud, debris, excreta, or other materials
and shall be designed to facilitate the removal of animal and food wastes.
3. Be constructed with adequate walls or fences to contain the animals kept therein and to prevent the entrance of other
animals.
4. Shall conform with all applicable development standards of KCC Title 15, zoning.
(Ord. No. 2316, § 4H; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.44)
8.03.160 Hobby kennel license — Required.
A. 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.
B. Limitation of number of dogs and cats allowed. The total number of dogs and cats over four (4) months of age kept by a
hobby kennel shall not exceed the total number authorized by the King County animal control division based on the following
guidelines:
1. The number of animals permitted shall be established by the King County animal control division based on such factors
as animal size, type and characteristics of the breed and whether the amount of lot area contains five (5) acres or more;
the maximum number of animals shall not exceed ten (10) where the lot area contains thirty-five thousand (35,000)
square feet but less than five (5) acres and the maximum number shall not exceed five (5) where the lot area is less than
thirty-five thousand (35,000) square feet.
2. All open run areas shall be completely surrounded by a six (6) foot fence set back at least twenty (20) feet from all
property lines.
3. No commercial signs or other appurtenances advertising the kennel are permitted on the property.
4. The director may require additional setback, fencing, screening, or soundproofing requirements as deemed necessary to
insure the compatibility of the hobby kennel with surrounding development.
5. The hobby kennel shall limit dog and cat reproduction to no more than twelve (12) offspring per license year.
6. Each animal in the hobby kennel shall have current and proper immunization from disease according to the animal's
species and age. For dogs, such shall consist, as a minimum, of DHL inoculation for dogs over three (3) months of age and
rabies inoculations for those over six (6) months of age.
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(Ord. No. 2316, § 4C; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.24)
8.03.170 Grooming parlors— License required.
It is unlawful for any person to keep or maintain any grooming parlor without first obtaining a valid and subsisting license
therefor. The fee for such license shall be as established by the animal control division, department of general services, King
County. However, if the grooming parlor is operated as a part of the business of a kennel, or a pet shop, the fee shall be as
established by the animal control division, department of general services, King County. Such fee shall be in addition to the
fee established for a kennel or pet shop license.
(Ord. No. 2316, § 4H; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.48)
8.03.180 Same — Conditions.
Grooming parlors shall:
1. Not board animals but keep only dogs and cats for a reasonable time in order to perform the business of grooming.
2. Provide such restraining straps for the dog or cat while it is being groomed so that such animal shall neither fall nor be
hanged.
3. Sterilize all equipment after each dog or cat has been groomed.
4. Not leave animals unattended before a dryer.
5. Neither prescribe nor administer treatment or medicine that is the province of a licensed veterinarian as provided in
RCW 18.92.010.
6. Not put more than one (1) animal in each cage.
7. Have floors and walls in rooms, pens and cages used to retain animals, or in areas where animals are clipped, groomed
or treated, constructed of water-impervious material that can readily be cleaned, and which must be maintained in good
repair.
8. Have hot and cold water conveniently available and a large sink or tub provided (minimum size twenty-four (24) inches
by eighteen (18) inches by twelve (12) inches).
9. Have toilet and handwashing facilities with hot and cold running water conveniently available for personnel employed.
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10. Have only equipment necessary to the operation of the licensed establishment kept or stored on the premises which
shall only be stored in a sanitary or orderly manner.
11. Have all cages, pens, or kennels used for holding animals kept in a clean and sanitary condition and disinfected on a
routine basis.
12. Comply with all applicable development standards of KCC Title 15, zoning.
(Ord. No. 2316, § 4I; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.52)
8.03.190 Animal shelters, catteries, hobby kennels, kennels, pet shops, grooming parlors, guard dog purveyors,
guard dog trainers and guard dog owners—Additional conditions.
A. The director is authorized to promulgate rules and regulations not in conflict with this chapter as they pertain to the
conditions and operations of animal shelters, catteries, hobby kennels, kennels, pet shops, and grooming parlors, guard dog
purveyors, guard dog trainers and guard dog owners. Such rules and regulations shall be enacted in accordance with county
procedures for adopting such rules and regulations.
B. The animal control authority may, in addition to other penalties provided in this chapter, revoke, suspend or refuse to
renew any animal shelter, cattery, hobby kennel, kennel, grooming parlor, pet shop, guard dog purveyor, guard dog trainer
license or guard dog registration upon good cause or for failure to comply with any provision of this chapter; provided,
however, enforcement of such revocation, suspension or refusal shall be stayed during the pendency of an appeal filed
pursuant to KCC 8.03.370.
(Ord. No. 2316, § 41; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.56)
8.03.200 Licenses, registration — Revocation, suspension, refusal to renew.
A. The animal control authority may, in addition to other penalties provided in this title, revoke, suspend, or refuse to renew
any animal shelter, cattery, hobby kennel, kennel, grooming parlor, pet shop, guard dog purveyor, guard dog trainer license
or guard dog registration upon good cause or for failure to comply with any provision of this title.
B. No applicant shall be issued an animal shelter, cattery, hobby kennel, kennel, grooming parlor, pet shop, guard dog
purveyor, guard dog trainer license or guard dog registration who has previously had such license or registration revoked or a
renewal refused, for a period of one (1) year after the date of revocation or refusal and until such applicant meets the
requirements contained in this chapter to the satisfaction of the animal control authority.
(Ord. No. 2316, § 4K; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.60)
8.03.205 Animals in parks.
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A. Any person with a dog or other animal in his or her possession in any park shall be responsible for the conduct of the
animal by keeping the animal under control as that term is defined in this chapter and for removing from the park any animal
feces deposited by such animal.
B. It is unlawful for such person to fail to have in his or her possession the equipment necessary to remove his or her animal's
fecal matter when accompanied by said animal in any park.
C. The provisions of this section shall not apply to a "guide"or"service"dog as now or hereafter defined in Chapter 70.84
RCW.
D. Violation of or failure to comply with the provisions of this section shall subject the offender to prosecution pursuant to KCC
8.03.300(C) or prosecution for a public nuisance.
(Ord. No. 3429, § 2, 12-8-98)
8.03.210 Animal nuisances defined.
For purposes of this section, violations of this section are nuisances and shall include but not be limited to the following:
1. Any public nuisance relating to animal control known at common law or in equity jurisprudence.
2. Animals, excluding household pets, such as dogs and cats, but particularly horses, mules, rabbits, bovine animals,
Iambs, goats, sheep, birds, hogs, chickens or other animals made to be domestic, being kept in residential districts on lots
of less than twenty thousand (20,000) square feet.
3. A dog, whether or not dangerous or potentially dangerous as defined by RCW 16.08.070, running at large within the
city.
4. Any domesticated animal, whether licensed or not, which runs at large in any park or enters any public beach, pond,
fountain, or stream therein or upon any public playground or school ground; provided, however, that this section shall not
prohibit a person from walking or exercising an animal in a public park or on any public beach when such animal is on a
leash, tether or chain not to exceed eight (8) feet in length. This section shall not apply to any blind person using a trained
Seeing Eye dog; to animal shows, exhibitions or organized dog training classes where at least twenty-four (24) hours'
advance notice has been given to the animal control authority, by such persons requesting to hold such animal shows,
exhibitions or dog training classes. In the case of potentially dangerous dogs as defined and regulated in KCC 8.03.030 and
KCC 8.03.220 through 8.03.250, the provisions of KCC 8.03.220 through 8.03.250 shall apply to the leashing, muzzling,
and restraint of such animals in public.
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5. Any animal which enters any place where food is stored, prepared, served or sold to the public or any other public
building or hall. However, this section shall not apply to any blind person using a trained Seeing Eye dog; to veterinary
offices or hospitals; or to animal shows, exhibitions or organized dog training classes where at least twenty-four (24)
hours' advance notice has been given to the animal control authority, but such persons requesting to hold such animal
shows, exhibitions or dog training classes.
6. A female domesticated animal whether licensed or not, while in heat, accessible to other animals for purposes other
than controlled and planned breeding.
7. Any domesticated animal which chases, runs after, or jumps at vehicles using the public streets and alleys.
8. Any domesticated animal which habitually snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully
using the public sidewalks, streets, alleys, or other public ways.
9. Any animal, other than a dangerous dog or potentially dangerous dog as defined by RCW 16.08.070 which has exhibited
vicious propensities and which constitutes a danger to the safety of persons or property off his premises or lawfully on his
premises.
10. A vicious animal or animal with vicious propensities, other than a dangerous dog or potentially dangerous dog as
defined by RCW 16.08.070, which runs at large at any time, or which is off the owner's premises not securely leashed and
in the control of a person of suitable age and discretion to control or restrain such animal.
11. Any domesticated animal which howls, yelps, whines, barks, or makes other oral noises, in such a manner as to disturb
any person or neighborhood to an unreasonable degree.
12. Any domesticated animal which enters upon another person's property without the permission of that person.
13. Animals staked, tethered, or kept on public property without prior written consent of the county animal control
authority.
14. Animals on any public property not under control by the owner or other competent person.
15. Animals kept, harbored, or maintained and known to have a contagious disease unless under the treatment of a
licensed veterinarian;
16. Animals running in packs.
(Ord. No. 2316, § 6; Ord. No. 2787, § 2(9.16.64), 6-21-88; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.64)
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State law reference(s) — Dangerous dogs, RCW 16.08.070 et seq.
8.03.220 Dangerous and potentially dangerous dogs — Defined — Ownership requirements.
A. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Dangerous dog means any dog that according to the records of the appropriate authority:
1. Has inflicted severe injury on a human being without provocation on public or private property;
2. Has killed a domestic animal without provocation while off the owner's property; or
3. Has been previously found to be potentially dangerous, the owner having received notice of such and the dog again
aggressively bites, attacks, or endangers the safety of humans or domestic animals.
Owner means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest
in, or having control or custody of an animal.
Potentially dangerous dog means any dog that when unprovoked:
1. Inflicts bites on a human or a domestic animal either on public or private property; or
2. Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent
attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, or to cause injury or
otherwise to threaten the safety of humans or domestic animals.
Proper enclosure of dangerous dog means, while on the owner's property, a dangerous dog shall be securely confined
indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to
prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide
protection from the elements for the dog.
Severe injurymeans any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or
cosmetic surgery.
B. Ownership requirements.
1. It is unlawful for an owner to have a dangerous dog in the city without a certificate of registration issued under this
section. KCC 8.03.220 through 8.03.250 shall not apply to dogs used by law enforcement officials for police work.
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2. The animal control authority of the city shall issue a certificate of registration to the owner of a dangerous dog if the
owner presents to the animal control unit sufficient evidence of:
a. A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign
that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning
symbol that informs children of the presence of a dangerous dog;
b. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the animal
control authority in the sum of at least fifty thousand dollars ($50,000), payable to any person injured by the vicious
dog; or
c. A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under RCW Title 48 in
the amount of at least fifty thousand dollars ($50,000), insuring the owner for any personal injuries inflicted by the
dangerous dog.
(Ord. No. 2787, § 2(9.16.66 (A), (B)), 6-21-88; Ord. No. 3156, § 1, 2-15-94; Ord. No. 3218, § 2, 4-4-95)
State law reference(s) — Similar provisions, RCW 16.08.070, 16.08.080(1), (2).
8.03.230 Registration, fee.
A. The owner of a dangerous dog or potentially dangerous dog shall obtain a certificate of registration from the city's animal
control authority.
B. An annual fee in the amount of one hundred dollars ($100) shall be paid by an owner of a dangerous or potentially
dangerous dog to the animal control authority upon application to register dangerous dogs. The payment of this annual
license fee to the county treasurer is in addition to regular dog licensing fees.
(Ord. No. 2787, § 2(9.16.66(B)(3)), 6-21-88; Ord. No. 3156, § 1, 2-15-94)
State law reference(s) — Registration fee, RCW 16.08.080(3).
8.03.240 Unlawful activities.
A. It is unlawful for an owner of a dangerous or potentially dangerous dog to permit the dog to be outside the proper
enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under the physical restraint of a
responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or
respiration but shall prevent it from biting any person or animal.
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B. Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was
committing a wilful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or
assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was
committing or attempting to commit a crime.
C. The possession and maintenance of an exotic animal by private citizens as pets is prohibited unless the owner possessed
the animal on or before the effective date of this section, and agrees to promptly act to satisfy the licensing requirements
contained in KCC 8.03.040(C) — (I) and such rules and regulations as the animal control authority may adopt regarding the
maintenance of such animals.
(Ord. No. 2787, § 2(9.16.66(C)), 6-21-88; Ord. No. 3156, § 1, 2-15-94; Ord. No. 3218, § 3, 4-4-95)
State law reference(s) — Similar provisions, RCW 16.08.090.
8.03.250 Confiscation and penalties.
A. Any dangerous dog shall be immediately confiscated by the animal control authority if:
1. The dog is not validly registered under KCC 8.03.220.
2. The owner does not secure the liability insurance coverage required under KCC 8.03.220.
3. The dog is not maintained in the proper enclosure.
4. The dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of
the responsible person.
B. In addition to the above, the owner shall be guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021.
C. If a dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person or another domestic
animal, the dangerous dog shall be immediately confiscated by the animal control authority, placed in quarantine for the
proper length of time, and thereafter destroyed in an expeditious and humane manner.
(Ord. No. 2787, § 2(9.16.66(D)), 6-21-88; Ord. No. 3156, § 1, 2-15-94)
State law reference(s) — Similar provisions, RCW 16.08.100.
8.03.260 Reserved.
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Editor's note — Ordinance No. 3350, § 2, adopted May 21, 1997, repealed § 8.03.260 in its entirety. Formerly, such section
pertained to unlawful acts against police department dogs — Penalty for violation and derived from § 9.16.68 of the 1986
Code; Ord. No. 3156, § 1, 2-15-94.
8.03.270 Reserved.
Editor's note — Ordinance No. 3350, § 3, adopted May 21, 1997, repealed § 8.03.270 in its entirety. Formerly, such section
pertained to cruelty to animals — Unlawful acts designated and derived from § 9.16.72 of the 1986 Code; Ord. No. 3156, § 1,
2-15-94.
8.03.280 Poisonous reptiles, poisonous snakes and constrictor snakes.
A. It shall be unlawful to keep or harbor any poisonous reptile, poisonous snake or constrictor snake, other than constrictor
snakes under ten (10) feet in length, within the city.
B. All constrictor snakes legally allowed within the city must be kept or harbored in a secure, locked cage when left
unattended.
C. This section shall not apply to zoological parks, performing animal exhibitions, circuses or pet shops licensed by the city.
Pet shops within the city choosing to sell constrictor snakes allowed under this section must plainly post in a conspicuous
place the following notice:
"It is illegal to keep or harbor constrictor snakes over ten (10) feet in length within the City of Kent. Any person who legally
keeps or harbors constrictor snakes within the City of Kent MUST keep the snake(s) in a secure, locked cage when left
unattended."
D. In addition to or as an alternate to any other penalty provided in this chapter or by law, any person violating this section
shall incur a civil penalty. The penalty for the first notice of violation shall be one hundred dollars ($100). The penalty for the
second notice of violation in any one (1) year period is three hundred dollars ($300). The penalty for each successive violation
in any one (1) year period is five hundred dollars ($500).
(Ord. No. 2316, § 11; Ord. No. 3057, § 1, 7-21-92; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.76)
8.03.290 Enforcement power.
A. The animal control authority is authorized to take such lawful action as may be required to enforce the provisions of this
chapter and the laws of the state as they pertain to animal cruelty, shelter, welfare and enforcement of control, including
regulation of dangerous and potentially dangerous dogs.
B. The animal control authority shall not enter property or a building or residence designated for and used for private
purposes, unless a proper warrant has first been issued upon a showing that the officer has reasonable cause to believe an
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animal is being maintained in the building in violation of this chapter; provided, however, that the animal control authority,
while pursuing or observing any animal in violation of this chapter, may enter upon any public or private property, except any
building designated for and used for private purposes, for the purpose of abating the animal violation being pursued or
observed.
C. No person shall deny, prevent, obstruct or attempt to deny, prevent or obstruct an officer from pursuing any animal
observed to be in violation of this chapter. Further, no person shall fail or neglect, after a proper warrant has been presented,
to promptly permit the animal control authority to enter private property to perform any duty imposed by this chapter. Any
person violating this subsection is guilty of a misdemeanor.
D. The foregoing provisions of this section are in addition to authorities and penalties relating to dangerous or potentially
dangerous dogs as provided in KCC 8.03.220 through 8.03.250.
(Ord. No. 2316, § 5A; Ord. No. 2787, § 2(9.16.80), 6-21-88; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.80)
8.03.300 Violations.
A. Violations deemed nuisance, abatement. All violations of this chapter are detrimental to the public health, safety, and
welfare and are public nuisances. All conditions which are determined after review by the director to be in violation of this
chapter shall be abated.
B. Violations, misdemeanor, penalty. Except as to the regulation of dangerous and potentially dangerous dogs under KCC
8.03.220 through 8.03.250, any person who allows an animal to be maintained in violation of this chapter is guilty of a
misdemeanor punishable by fine of not more than two hundred fifty dollars ($250) and/or imprisonment for a term not to
exceed ninety (90) days.
C. Violations, civil penalty. Except as to the regulation of dangerous and potentially dangerous dogs under KCC 8.03.220
through 8.03.250, any person whose animal is maintained in violation of this chapter shall incur a civil penalty plus costs of
the animal control authority. The penalty for the first notice of violation shall be twenty-five dollars ($25); fifty dollars ($50)
for the second notice of violation in any one (1) year period; and one hundred dollars ($100) for each successive violation in
any one (1) year period.
(Ord. No. 2316, § 513; Ord. No. 2787, § 2(9.16.84), 6-21-88; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.84)
8.03.310 Impounding.
A. Authorization. In addition to authorized actions under KCC 8.03.220 through 8.03.250 relating to dangerous and potentially
dangerous dogs, the director and his authorized representative may apprehend any animals found doing any of the acts
defined as a public nuisance and/or being subjected to cruel treatment as defined by law.
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B. Notification of owners. Except as to dangerous or potentially dangerous dogs as provided in KCC 8.03.220 through
8.03.250, after any animals are apprehended, the animal control authority shall ascertain whether they are licensed or
otherwise identifiable and, if reasonably possible, return the animal to the owner together with a notice of violations of this
chapter. If it is not reasonably possible to immediately return the animals to their owners, the animal control authority shall
notify the owners within a reasonable time by regular mail or telephone that the animal has been impounded and may be
redeemed. Except as to dangerous or potentially dangerous dogs as provided in KCC 8.03.220 through 8.03.250, any currently
licensed animal impounded pursuant to this chapter shall be held for the owner at least one hundred twenty (120) hours, after
telephone contact by the impounding agency or for at least two (2) weeks after posting of the notification of impoundment by
regular mail; any other animal impounded pursuant to this chapter shall be held for the owner at least seventy-two (72) hours
from the time of impoundment. The animal control authority shall not sell any animals to research institutes or licensed
dealers for research purposes.
C. Injured or diseased animals Except as to dangerous or potentially dangerous dogs as provided in KCC 8.03.220 through
8.03.250, any animal suffering from serious injury or disease may be humanely destroyed, or, in the discretion of the
impounding authority, may be held for a longer period and redeemed by any person on payment of charges not exceeding
those prescribed herein.
(Ord. No. 2316, § 5C; Ord. No. 2787, § 2(9.16.88 (A)), 6-21-88; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986,
§ 9.16.88(A))
State law reference(s) — Impoundment of livestock, RCW 16.24.110 et seq.
8.03.320 Euthanasia, sale, or adoption of animals not redeemed — Prohibitions.
A. Except as to dangerous or potentially dangerous dogs as provided in KCC 8.03.220 through 8.03.250, any animal not
redeemed shall be treated in one (1) of the following ways:
1. Humanely destroyed by euthanasia.
2. Made available for adoption. Except as to dangerous or potentially dangerous dogs as provided in KCC 8.03.220 through
8.03.250, the owner of any animal impounded pursuant to the provisions contained in this chapter may recover such
animal or animals when all billable costs, redemption fees, 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.
a. All dogs and cats over the age of six (6) months adopted from the King County animal shelter shall be spayed and
neutered prior to adoption. A spay/neuter deposit shall be charged for dogs and cats under the age of six (6) months
which are too young to be spayed/neutered prior to adoption. Failure to spay/neuter such dog or cat is a violation of
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this chapter and a breach of the adoption contract and will result in the forfeiture of the adoption and return of the dog
or cat to King County animal control for the required spay/neutering.
B. No licensed animal shall be made available for research unless written permission is received from the animal's owners.
Further, no animal conveyed to the division by its owner shall be made available for research without written permission
unless and until all reasonable efforts to locate the owner have failed.
(Ord. No. 2316, § 5C; Ord. No. 2787, § 2(9.16.88 (B)), 6-21-88; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986,
§ 9.16.88(B))
8.03.330 Reserved.
Editor's note — Ord. No. 3156, § 1, adopted Feb. 15, 1994, repealed former § 8.03.330, which pertained to dealers and
research facilities, inspection authorized.
8.03.340 Dealers and research facilities— Reports and records available for public inspection.
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.
(Ord. No. 2316, § 5C; Ord. No. 2787, § 2(9.16.88 (D)), 6-21-88; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986,
§ 9.16.88(D))
8.03.350 Additional enforcement.
Notwithstanding the existence or use of any other remedy, the director may seek legal or equitable relief to enjoin acts or
practices and abate any conditions which constitute a violation of this chapter or other regulations herein adopted.
(Ord. No. 2316, § 5D; Ord. No. 2787, § 2(9.16.92), 6-21-88; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.92)
8.03.360 Violations— Notice and order.
Subject to the provisions of KCC 8.03.220 through 8.03.250 relating to dangerous or potentially dangerous dogs:
1. Whenever the director or authorized animal control officer has found an animal maintained in violation of this chapter,
the director of the animal control authority shall commence proceedings to cause the abatement of each violation.
2. The director or authorized animal control officer shall issue a notice and order directed to the owner or the person
presumed to be the owner of the animal maintained in violation of this chapter. The notice and order shall contain:
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a. The name and address, if known, of the owner or person presumed to be the owner of the animal in violation of this
chapter.
b. The license number, if available, and description of the animal in violation sufficient for identification.
c. A statement that the director or authorized animal control officer has found the animal maintained illegally together
with a brief and concise description of the conditions found to render the animal in violation of this chapter.
d. A statement of the action required to be taken if the director of the animal control authority has determined the
following:
(1) If abatement is necessary, an order shall require the abatement and such abatement shall be completed within a
certain time from the date of the order, as determined by the director to be reasonable.
(2) That a civil penalty should be assessed, the order shall require that the penalty shall be paid within fourteen (14)
days from the date of the order.
e. Statements advising that if any required abatement is not commenced within the time specified, the director of the
animal control authority will proceed to cause abatement and charge the costs thereof against the owner.
f. Statements advising:
(1) That a person having a legal interest in the animal may appeal from the notice and order or any action of the
director of the animal control authority to the board of appeals, provided the appeal is made in writing as provided
by this chapter, and filed with the director of the animal control authority within fourteen (14) days from the date of
service of such notice and order; and
(2) That failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the
matter.
3. The notice and order shall be served on the owner or presumed owner of the animal in violation.
4. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of
such notice and order by certified mail, postage prepaid, return receipt requested, to the person at his address as it
appears on the last equalized assessment roll of the county.
5. Proof of personal service of the notice and order shall be made at the time of service by a written declaration under
penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was
made.
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6. The standards of this chapter shall be followed by the director of the animal control authority in determining the
existence of an animal control violation and in determining the abatement action required. The provisions of this section,
do not apply to actions by the authority or proceedings before the director relating to dangerous dogs or potentially
dangerous dogs. KCC 8.03.220 through 8.03.250 shall apply to all actions and procedures for dealing with dangerous dogs
or potentially dangerous dogs, including regulations promulgated thereunder by the director.
(Ord. No. 2316, § 9; Ord. No. 2787, § 2(9.16.96), 6-21-88; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.96)
8.03.370 Appeals.
Subject to the procedures and requirements of KCC 8.03.220 through 8.03.250 relating to dangerous or potentially dangerous
dogs:
1. Appea/s The King County board of appeals, as established by Article 7 of the King County Code, is designated to hear
appeals by parties aggrieved by actions of the director of the animal control authority pursuant to this chapter. The board
may adopt reasonable rules or regulations for conducting its business. Copies of all rules and regulations adopted by the
board shall be delivered to the director of the animal control authority who shall make them freely accessible to the public.
All decisions and findings of the board shall be rendered to the applicant in writing with a copy to the director of the animal
control authority.
2. Form of appeal. Any person entitled to service under KCC 8.03.360 may appeal from any notice and order or any action
of the director of the animal control authority under this chapter by filing at the office of the director of the animal control
authority within fourteen (14) days from the date of the service of such order, a written appeal containing:
a. A heading containing the words: "Before the board of appeals of the County of King."
b. A caption reading: "Appeal of " giving the names of all appellants participating in the appeal.
c. A brief statement setting forth the legal interest of each of the appellants of the animal involved in the notice and
order.
d. A brief statement in concise language of the specific order or action protested, together with any material facts
claimed to support the contentions of the appellant.
e. A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested order or
action should be reversed, modified, or otherwise set aside.
f. The signatures of all parties named as appellants, and their official mailing addresses.
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g. The verification (by declaration under penalty of perjury) of at least one (1) appellant as to the truth of the matters
stated in the appeal.
3. Scheduling and notice of appeal. The board of appeals shall set a time and place, not more than thirty (30) days from
such notice of appeal for hearing thereon. Written notice of the time and place of hearing shall be given at least ten (10)
days prior to the date of the hearing to each appellant by the manager-clerk of the board.
4. Procedures of appeal hearing. At the hearing, the appellant shall be entitled to appear in person and be represented by
counsel and offer such evidence pertinent and material to the action of the director. Only those matters or issues
specifically raised by the appellant in the written notice of appeal shall be considered.
5. Failure to appear. Failure of any person to file an appeal in accordance with this section shall constitute a waiver of his
rights to an administrative hearing.
6. Stay of enforcement during appeal. Enforcement of any notice and order of the director of the animal control authority
issued under this chapter shall be stayed during the pending of an appeal, except impoundment of an animal which is
vicious or dangerous or cruelly treated.
7. Conflicting, differing provisions. In the event that procedures for appeals adopted by the board of appeals are different
than those set forth in this section, the procedures of the board of appeals shall control. If in the further event any
procedures for appeals adopted by the board of appeals conflict with the provisions in this section relating to dangerous or
potentially dangerous dogs, the procedures of KCC 8.03.220 through 8.03.250 and the implementing regulations of the
board of appeals shall control.
(Ord. No. 2316, § 10; Ord. No. 2787, § 2(9.16.100 A— G), 6-21-88; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986,
§ 9.16.100 (A— G))
8.03.380 Redemption procedures.
A. Any animal impounded pursuant to the provisions of KCC 8.03.310 may be redeemed upon payment of the redemption fee
as provided in this section. The redemption fee for dogs and cats shall be payable to the county comptroller and shall be an
amount as established by the animal control section, licensing and regulatory division, King County, for each such dog or cat,
plus an additional fee of an amount as established by the animal control section, licensing and regulatory division, King
County, for each twenty-four (24) hour period or portion thereof, during which such dog or cat is retained by the impounding
agency.
B. The redemption fee for livestock shall be an amount as established by the animal control section, licensing and regulatory
services division, King County, per animal. Livestock not redeemed may be sold at public auction by the impounding agency.
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The boarding cost for livestock impounded shall be in accordance with the rate established by contract between the county
and the given stockyard used for holding such animal.
C. The provisions relating to redemption do not apply to dangerous or potentially dangerous dogs as provided in KCC 8.03.220
through 8.03.250.
(Ord. No. 2316, § 10; Ord. No. 2787, § 2(9.16.100(H)), 6-21-88; Ord. No. 3156, § 1, 2-15-94; Ord. No. 3218, § 5, 4-4-95.
Formerly Code 1986, § 9.16.100(H))
8.03.390 Nuisances, removal.
A. Any animal constituting a public nuisance as provided in this chapter shall be abated and removed from the city by the
owner or by the director of the animal control authority, upon receipt of three (3) notices and orders of violation by the owner
in any one (1) year period. Where it is established by record pursuant to this chapter and no finding was entered showing that
the owner will be able to provide reasonable restraints to protect the public from repetitions of violations, the director of the
animal control authority shall notify and direct the owner of the animal to abate the nuisance or remove the animal from the
city within ninety-six (96) hours from the date of notice. If such animal is found to be within the confines of the city after
ninety-six (96) hours have elapsed from the date of notice, the nuisance shall be abated and the animal removed by the
director of the animal control authority. Animals removed pursuant to the provisions of this section shall be removed from the
city or be subjected to euthanasia by the animal control authority.
B. Any dog or other animal which bites, attacks, or attempts to bite one (1) or more persons two (2) or more times within a
two (2) year period is declared to be a public nuisance and shall not be kept within the city forty-eight (48) hours after
receiving written notice from the director. Such animal found in violation of this section will be impounded and disposed of as
an unredeemed animal, and the owner or keeper of such animal has no right to redeem such dog or animal.
(Ord. No. 2316, § 10; Ord. No. 2787, § 2(9.16.100(I)), 6-21-88; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986,
§ 9.16.100(I))
8.03.400 Civil penalty and abatement costs.
A. Liability of owner. The civil penalty and the cost of abatement are also personal obligations of the animal owner. The
prosecuting attorney on behalf of King County may collect the civil penalty and the abatement work costs by use of all
appropriate legal remedies.
B. Costs of enforcement action. In addition to costs and disbursements provided for by statute, the prevailing party in a
collection action under this chapter may, in the court's discretion, be allowed interest and a reasonable attorney's fee. The
prosecuting attorney shall seek such costs, interest, and reasonable attorney's fees on behalf of King County when the county
is the prevailing party.
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(Ord. No. 2316, § 10; Ord. No. 2787, § 2(9.16.100(J), (K)), 6-21-88; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986,
§ 9.16.100(J, K))
8.03.410 Supplemental provisions.
The provisions of KCC 8.03.390 through 8.03.400 are in addition to other remedies in KCC 8.03.220 through 8.03.250 for
purposes of regulating dangerous or potentially dangerous dogs.
(Ord. No. 2787, § 2(9.16.100(K)), 6-21-88; Ord. No. 3156, § 1, 2-15-94)
8.03.420 Waiver of fees and penalties.
A. The animal control director has the authority to waive licensing fees, late licensing penalty fees, and redemption and
sheltering fees, in whole or in part, when to do so would further the goals of the animal control section and be in the public
interest.
B. In determining whether a waiver should apply, the animal control director must take into consideration the following
elements:
1. The reason the animal was impounded;
2. The reason of the basis for the violation, and the likelihood the violation will not recur;
3. The total amount of the fees charged as compared with the gravity of the violation;
4. The effect on the owner, the animal's welfare and the animal control section if the fee(s) or penalties are not waived
and no payment is received.
(Ord. No. 3156, § 1, 2-15-94)
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