ORD 08-574
ORDINANCE NO. ()3- 5,4'
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF FEDERAL WAY, WASHINGTON,
PROVIDING AN EXCEPTION TO ANIMAL
REGULATIONS FOR POLICE DOGS, AMENDING
CHAPTER 4 ANIMALS. (Amending Ordinance Nos
Ord. No. 90-30, 92-153, 06-527, 06-530)
WHEREAS, Police dogs are an important tool in law enforcement that are
highly trained and supervised by highly trained handlers, and in the course of
their duties, police dogs are called upon to act in ways that are not allowed for
privately owned animals. These duties include at times the reasonable and
lawful use of force in the same manner as police officers; and
WHEREAS, The City of Federal Way has enacted animal regulations that
were not intended to interfere with the lawful LIse of police dogs as an effective
law enforcement tool and were not intended to prevent the lawful performance of
duties by police dogs and the trained law enforcement officers that use them; and
WHEREAS, the City Council of the City of Federal Way finds it in the best
interest of the City and its citizens to provide for an exemption for police dogs
from City of Federal Way animal regulations; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DO ORDAIN AS FOLLOWS
SECTION 1. Chapter 4, Article I, Section 4-1 of the Federal Way City
Code shall be amended to read as follows:
4-1 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
ORD #()g-t;51Lf , PAGE 1
indicates a different meaning:
Abatement shall mean the termination of any violation by reasonable and lawful
means determined by the director of the animal control authority in order that a
person or a person presumed to be the owner shall comply with this chapter.
Animal shall mean any living creature except human beings, insects and worms.
Animal control authority shall mean the county animal control division,
department of general services, acting alone or in concert with other
municipalities for enforcement of the animal control laws of the county and city
for the shelter and welfare of animals.
Animal control officer shall mean 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
impoundment of animals, and includes any state or municipal peace officer,
sheriff, constable or other employee whose duties in whole or in part include
assignments which involve the seizure and taking into custody of any animal.
Animal rescuer means any individual who routinely obtains an unwanted dog or
cat and who locates within 90 days an adoptive 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 months if a dog or
cat is pregnant, nursing, or injured and that condition is verified by a veterinarian.
Cattery means a place where four 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 of either sex, altered or unaltered, that has reached the age of six
months.
Dangerous dog shall mean any dog that according to the records of the animal
control 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;
(3) Has been previously found to be potentially dangerous and the owner having
received notice of such and the dog again aggressively bites, attacks, or
endangers the safety of humans or domestic animals;
(4) Has a known propensity, tendency or disposition to attack without provocation
to cause injury or otherwise endanger humans and/or domestic animals based
upon notice to the owner;
ORD# Og-01'f ,PAGE 2
(5) Bites or attacks without provocation after prior notice to the owner;
(6) Is defined as a "dangerous dog" under RCW 16.08.070 as it currently exists
or is amended in the future.
Director shall mean the director of the county department of health.
Domesticated animal shall mean those domesticated beasts including any dog,
cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep, hog or other
animal made to be domestic.
Euthanasia shall mean 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.
Grooming service means any place or establishment, public or private, where
animals are bathed, clipped or combed for the purpose of enhancing their
aesthetic value and/or health and for which a fee is charged.
Harboring, keeping or maintaining a dog or cat shall mean performing any of the
acts of providing care, shelter, protection, refuge, food or nourishment in such
manner as to control the animal's actions, or that the animal 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 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 in FWCC 9-186.
Hobby kennel means a noncommercial kennel at or adjoining a private residence
where four or more adult dogs are bred or kept for hunting, training and exhibition
for organized shows, field, working and/or obedience trials, or for 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
in FWCC 9-169.1.
Juvenile means any dog or cat, altered or unaltered, that is under the age of six
months.
Kennel shall mean a place where four or more adult dogs are kept, whether by
owners of the dogs 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 is one of either sex, altered or unaltered, that has reached the age of
six months.
Known propensity shall mean an inclination for behavior that the owner is or
ORD # Orx-57t( , PAGE 3
should be aware of.
Livestock means cattle, hogs, sheep, goats, horses, llamas and other large
grazing animals, but does not include small, wild or predatory animals, as defined
in King County Code 21.04.540.
Owner shall mean any person having an interest or right of possession to an
animal or any person having control, custody or possession of an animal, or by
reason of the animal being seen residing consistently at a location, shall be
presumed to be the owner.
Packs of dogs shall consist of a group of two or more dogs running upon either
public or private property not that of their owner in a state in which either their
control or ownership is in doubt or cannot readily be ascertained, and when such
dogs are not restrained or controlled.
Pet shop shall mean any person, establishment, store or department of any store
that acquires live animals, including birds, reptiles, fowl and fish, and sells, or
offers to sell, or rents such live animals to the public or to retail outlets.
"Police dOQ" means a dOQ used by a law enforcement aQency and specially
trained for law enforcement work.
Potentially dangerous dog shall mean a dog the owner reasonably knows has
aggressively bitten, attacked or endangered humans and/or domestic animals
and as defined under RCW 16.08.070.
Running at large shall mean to be off the premises of the owner or custodian and
not secured by a leash 20 feet or less.
Service animal means any animal which is trained or being trained to aide 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.
Severe injury shall mean any physical injury that results in broken bones or
lacerations requiring multiple sutures or cosmetic surgery.
Shelter shall mean 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 devoted to
the welfare, protection and humane treatment of animals.
Special hobby kennel license means a license issued to pet owners under certain
conditions, who do not meet the requirements for a hobby kennel license, to
allow them to retain only those specific dogs and cats then in their possession
until such time as the death or transfer of such animals reduces the number they
ORD# D8 ..Sl'Y , PAGE 4
possess to the legal limit set forth in this chapter.
Under control shall mean the animal is under voice competent and/or signal
control so as to thereby be restrained from approaching any bystander or other
animal and from causing or being the cause of physical property damage when
off a leash or off the premises of the owner.
(Ord. No. 90-30, ~ 2(A) - (N), (P) - (T), 2-13-90; Ord. No. 92-153, ~ 2,11-17-92;
Ord. No. 06-527, ~ 1,6-20-06; Ord. No. 06-530, ~ 1, 8-1-06)
SECTION 2. A new section is added to Chapter 4 Article I of the Federal
Way City Code to read as follows:
4-28 - Police dOQ exemption
All police dOQS owned by a public law enforcement aQency or its aQents shall
be exempt from all provisions of Chapter 4. Animals.
SECTION 3. Severability.
Should any section, subsection, paragraph, sentence, clause, or phrase of
this chapter, or its application to any person or situation, be declared
unconstitutional or invalid for any reason, such decision shall not affect the
validity of the remaining portions of this chapter or its application to any other
person or situation. The City Council of the City of Federal Way hereby declares
that it would have adopted this chapter and each section, subsection, sentence,
clauses, phrase, or portion thereof, irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, phrases, or portions be declared
invalid or unconstitutional.
SECTION 4. Corrections.
The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but no limited to, the correction
of scrivener/clerical errors, references, ordinance numbering, section/subsection
ORD # Dg-'S1tf, PAGE 5
numbers and any references thereto.
SECTION 5. Concurrent Leqislation. A currently pending ordinance,
Ordinance number (}1.s;.An Ordinance clarifying language, correcting references,
and correcting other inadvertent errors, amends FWCC 4-1 as does this one;
changes made to FWCC 4-1 in this ordinance are intended to be in addition to
changes made by the other ordinance, this ordinance is not intended to repeal,
reenact, or modify portions of the section that are enacted, repealed, or modified
by the other ordinance;
SECTION 6. Ratification. Any act consistent with the authority and prior
to the effective date of this ordinance is hereby ratified and affirmed.
SECTION 7. Effective Date. This ordinance shall take effect and be in
force five (5) days from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this e>2/lcZ
day ofc--l~ ,200r.
CITY OF FEDERAL WAY
ATTEST:
THAWAY, CMC
ORD # O~-'5l4 ' PAGE 6
APPROVED AS TO FORM:
t~;; ~
CIT ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
ORD # D/{~5?f , PAGE 7