ORD 06-527ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF FEDERAL WAY, WASHINGTON, AMENDING
CHAPTER 4, ARTICLES I, II AND IV OF THE FEDERAL
WAY CITY CODE TO UPDATE DEFINITIONS WITH
REGARD TO DANGEROUS DOGS, PROVIDE NOTICE
OF APPEAL RIGHTS TO DOG OWNERS, PROHIBIT
DANGEROUS DOGS WITHIN THE CITY LIMITS, AND
INCREASE PENALTIES TO DOG OWNERS (Amending
Ord. Nos. 90 -30, 92 -153, 01 -394).
WHEREAS, the City of Federal Way is a non - charter code city under the laws of the
State of Washington and, as such, has the power to enact ordinances for the protection of the
public health, safety and general welfare and for other purposes; and
WHEREAS, the City finds that a stricter definition of dangerous and potentially
dangerous dogs furthers the health and safety of citizens; and
WHEREAS, the City finds that prohibiting dangerous dogs within the city limits of the
City furthers the health and safety of citizens; and
WHEREAS, the City finds that strict liability requirements for owners of dangerous
dogs furthers the health and safety of citizens; and
WHEREAS, the City finds that specific notice to the owner of the dog's classification
as a dangerous or potentially dangerous dog and notice to the owner of the owner's right to
appeal the classification is in the best interest of the public; and
ORD # 06 -527 , PAGE 1
WHEREAS, the City finds that specific notice to the owner of the violation under
Chapter 4 and notice to the owner of the owner's right to appeal the violation is in the best
interest of the public;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY 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 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
ORD # 06 -527 , PAGE 2
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 apprepFiate 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,
OF
(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 pro ep nsity, tendency or disposition to attack without provocation to
cause injury or otherwise endanger humans and/or domestic animals based upon notice to
the owner,
(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.
ORD # 06 -527 , PAGE 3
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 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 rent such
live animals to the public or to retail outlets.
Potentially dangerous dog shall mean a dog the owner reasonably knows has aggressivelX
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 15 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.
ORD # 46 -527 , PAGE 4
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 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.
Vieieus shall mean the aet of or- the propensity to de an), aet endanger-ing the safety of
any per-son, animal or- property of another-, ineluding, but not limited to, biting a human ,
an attaek L.,,,..,a beings or- domestiemed animals without p „t;,, . Ord. No. 90 -30, §
2(A) — (N), (P) — (T), 2- 13 -90; Ord. No. 92 -153, § 2, 11- 17 -92)
SECTION 2. Chapter 4, Article H, Section 4 -59 of the Federal Way City Code shall be
amended to read as follows:
4 -59 Notice of classification or notice of violation — Order.
(a) 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 subject to classification of
dangerous or potentially dangerous dogs or animal maintained in violation of this chapter.
The notice and order shall contain:
(1) The name and address, if known, of the owner or person presumed to be the
owner of the animal in violation of this chapter;
(2) The license number, if available, and description of the animal in violation
sufficient for identification;
(3) A statement that the director or authorized animal control officer has found the
animal maintained illegally with a brief and concise description of the conditions found to
render the animal in violation of this chapter;
(4) A statement of the action required to be taken as determined by the director of the
animal control authority as follows:
ORD # 06 =527 PAGE 5
a. If the director has determined the violation must be abated, the order shall require the
abatement be completed within a time certain from the date of the order as determined by the
director to be reasonable;
b. If the director of the animal control authority has determined to assess a civil penalty,
the order shall require that the penalty shall be paid within 14 days from the date of the order;
(5) A statement advising that if any required abatement is not commenced within the
time specified, the director of the animal control authority will proceed to cause abatement
and charge the costs thereof against the owner;
(6) A statement advising 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 in this chapter,
and filed with the director of the animal control authority within 14 days from the date of
service of such notice and order; and that failure to appeal will constitute a waiver of all
right to an administrative hearing and determination of the matter.
(b) The notice and order shall be served on the owner or presumed owner of the animal or
person with right to control the animal to be classified or in violation. Service of the notice
and order shall be made upon all persons entitled thereto either personally or by mailing a
copy of the notice and order by certified mail, postage prepaid, to the person at his or her last
known address, or by posting the notice and order on the front door of the living unit of the
owner or person with right to control the animal.
(c) Proof of service of the notice and order shall be made at the time of service by written
declaration under penalty of perjury by the person effecting service, declaring the time, date
and manner in which service was made. (Ord. No. 90 -30, § 25(B)(1) — (6)(a) — (6)(e), 2 -13-
90; Ord. No. 92 -153, § 39(B)(1) — (6)(a) — (6)(e), 11- 17 -92)
SECTION 3. Chapter 4, Article IV, Section 4 -121 of the Federal Way City
Code shall be amended to read as follows:
4 -121 RegiStFaflo--. Dangerous Dogs Prohibited.
(1) It is unlawful for- a ,.• nef to own or possess have a dangerous dog within the city Y imits
of the City of Federal Way in the e-ity. For the purpose of this provision, "dangerous dog"
shall be defined by FWCC 4 -1 and RCW 16.08.070. without a eei4if eate of r-egistT- ie
r-equir-ed by RGW 16.08.08
(2) Upon final designation of a dog as a Dangerous Dog, the dog must either be surrendered
to the animal control authority or be removed from the city limits of Federal WE within 72
hours of the designation.
ORD # 06 -527 , PAGE 6
(3) Violation of this section shall be a gross misdemeanor, punishable by up to one year in
jail and a fine of up to five thousand dollars.
(4) Owners or keepers of Dangerous Dogs shall be strictly liable for any damaged caused by
the Dangerous Dog. (Ord. No. 90 -30, § 33(A), 2- 13 -90; Ord. No. 92 -153, § 47(A), 11 -17-
92)
SECTION 4. Chapter 4, Article IV, Section 4 -123 of the Federal Way City Code shall
be repealed as follows:
4 1-23 Muzzles .
• I •
SECTION 5. Chapter 4, Article IV, Section 4 -124 of the Federal Way City Code shall
be renumbered and amended to read as follows:
4- 1231 -24 Confiscation.
Any dog shall be immediately confiscated by the animal control authority if:
(I+Tjhe dog has been deemed is not validly registered • na °r RGW , 6 08 080 a dangerous
dog as defined by FWCC 4 -1 or RCW 16.08.070 and the owner has received notice under
RCW 16.08.080 and either failed to appeal or been denied relief following appeal under
FWCC Chapter 4.
If the dangerous dog designation is under appeal at the time of confiscation, the doh
remain confined at the owner's expense while the ap ep al is pending_
.
ORD # 06 -527 , PAGE 7
(. ) The dog is not main4aii"iccd in the proper- enele
(4) The dog is etAside of the dwelling of the ownef or- etitside of the pr-epefty enelestlFe an
net under- physieal restraint of the r-espensible per-sen and it is fiet we i - it-.
Any dangerous dog confiscated under this section will be held pending appeal of the
classification or violation, upon final determination it may be disposed of as an up&ede
animal and the owner has no right to redeem such dog.
However, upon showing of good cause and by discretion of the animal control authority
dog be released to the owner for removal from within the city limits.
In addition, the owner shall, upon conviction, be guilty of a gross misdemeanor punishable
as provided in RCW 9A.20.021. (Ord. No. 90 -30, § 33(C), 2- 13 -90; Ord. No. 92 -153, §
47(C), 11- 17 -92)
SECTION 6. Chapter 4, Article IV, Section 4 -125 of the Federal Way City Code shall
be renumbered and amended to read as follows:
4 -124 445 General provisions.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(1) RCW 16.08.020, Dogs injuring stock may be killed.
(2) RCW 16.08.030, Marauding dog - Duty of owner to kill.
(3) $GW 1o.08 070, Dangerous dogs Definitions-.
(4) RGW 16.08.100(i),Danger-eus dogs— Ooafiseatien: (Ord. No. 01 -394, § 2,6-19-01)
SECTION 7. Chapter 4, Article IV, Sections 4 -126 through 4 -145 shall be renumbered
to read as follows:
4 -125 126 4 -145 Reserved.
SECTION 8. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance or the invalidity of the application thereof to any person or circumstance, shall
ORD # 06 -527 , PAGE 8
not affect the validity of the remainder of the ordinance, or the validity of its application to other
persons or circumstances.
SECTION 9. Ratification. Any and all acts consistent with the authority and prior to the
effective date of this ordinance are hereby ratified and affirmed.
SECTION 10. Effective Date. This ordinance shall take effect and be in force five days
from its passage, approval and publication, as provided by law.
2006.
PASSED by the City Council of the City of Federal Way this &t'day of I&IC ,
CITY OF FEDERAL WAY
MAYOR, MICH
ATTEST:
Aj-
CI CLERK, LA:tfkA-tfATHAWAY, CMC
APPROVED AS TO FORM:
CfTY ATTORNEY, PATRICIA RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
K: \ORDIN\2006\Dangerous Dogsl.doc
ORD # 06 -527 , PAGE 9