ORD 09-592
ORDINANCE NO. 09-592
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, RELATING TO ANIMAL
REGULATIONS, ADDING SECTIONS, AND AMENDING SECTIONS IN
CHAPTER 4 AND 9 OF THE FEDERAL WAY CITY CODE.
WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing
the Federal Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through
this process has found redundant sections and language as well as unclear sections, inaccurate
sections, and other sections that could be revised for better readability, consistency, and
workability; and animal regulations can be simplified and consolidated;
WHEREAS, certain Code provisions need to be modified to coordinate with state and
county law requirements in areas of animal regulations;
WHEREAS, none of the changes to the FWCC contained in this ordinance are intended
to change numbering or formatting changes that will occur pursuant to the reorganization of the
Code and;
WHEREAS, the City Council of the City of Federal Way finds it in the best interest of
the City to update its code, and amending these sections bears a substantial relation to public
health, safety, or welfare of the people of Federal Way; is consistent with the applicable
provisions ofthe comprehensive plan; and is in the best interest ofthe residents ofthe city;
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.
Ordinance No. 09-592
Page 1 of 20
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except ':lherc the context clearly indicates a different meaning:
The definitions in this section' apply throughout this chapter unless the context clearly requires
otherwise.
"Abatement" means 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.
"Adult cat" means a cat of either sex, altered or unaltered, that has reached the age of six months.
"Adult dog" means one of either sex, altered or unaltered, that has reached the age of six months.
"Animar' means any living creature except human beings, insects and worms.
"Animal control authority" mean the county animal care and control section animal control
division, department of general servioes, 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" 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 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 aH: unwanted dogs deg or eat cats,
ensures that they are spayed or neutered, and whe locates within 90 days an adoptive home for
them that spayed or ncutercd dog or cat proyided, however, an interim, administrative An
extension of the 90 days may be granted by the animal control authority fef UP to 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.
"Dangerous dog" means 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;
(5) Bites or attacks without provocation after prior notice to the owner; or
(6) Is defined as a "dangerous dog" under RCW 16.08.070 as it currently exists or is amended in
the future.
"Director" means the director or manager of the animal control authority of the county
departmcnt of health.
"Domesticated animal" means those domesticated beasts including any dog, cat, rabbit, horse,
mule, ass, bovine animal, lamb, goat, sheep, hog or other animal made to be domestic.
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"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.
"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" means 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.
"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 ofthe species.
"Juvenile" means any dog or cat, altered or unaltered, that is under the age of six months.
"Kennel" means 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.
"Known propensity" means 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 animals, as defined in King County Code Section 21A.06.065.
"Owner" means any person having an interest or right of possession to an animal or any person
having control, custody or possession of an animal. and includes but is not limited to the keeper
or custodian of an animal. , or by rcason of tho animal being seen residing consistently at a
location, Any person residing at a location where an animal has been consistently residing shall
be presumed to be the owner.
"Packs of dogs" means 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" means 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" means a dog the owner reasonably knows has aggressively bitten,
attacked or endangered humans and/or domestic animals and includes but is not limited to any
dog that meets the definition of potentially dangerous dog as defined by RCW 16.08.070.
"Running at large" means to be off the premises of the owner or custodian and not secured by a
leash or tether of not more than 15 feet in length or less.
"Service animal" means any animal, which is trained or being trained for the purposes of
assisting or accommodating a person's sensory, mental. or physical disability to aide a person
who is blind, hearing impaired, or otherwise disabled and is used for that purpose and is
registered v/ith a recognized service animal organization.
"Severe injury" means any physical injury that results in broken bones or lacerations requiring
multiple sutures or cosmetic surgery.
"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
Ordinance No. 09-592
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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" means 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.
"Vicious" means the act of or the propensity to do any act endangering the safety of any person,
animal, or property; including but not limited to biting a human being, attacking human beings,
or attacking domesticated animals without provocation.
(Ord. No. 90-30,9 2(A) - (N), (P) - (T), 2-13-90; Ord. No. 92-153, S 2,11-17-92; Ord. No. 06-
527,9 1,6-20-06; Ord. No. 06-530, 9 1,8-1-06)
SECTION 2. Chapter 4, Article 1, Section 4-3, of the Federal Way City Code shall be
amended to read as follows:
4-3 Contract with county.
The city manager has the authority to adopt rules and regulations to Carry out the provisions of
this chapter rTitle 1. and has the authority to administer and enforce this article and any such rules
or regulations. It is unlawful to violate or fail to comply with any provision of this article or any
such rule or regulation. The city manager is authorized and empowered to execute a contract
with the county collect license and other fees and costs and to administer and enforce the
provisions ofthis chapter on behalf ofthe city.
SECTION 3. Chapter 4, Article 1, Section 4-4, of the Federal Way City Code shall be
amended to read as follows:
4-4 CrimiBal peBalty.Statutes adopted.
Unlcss otherwise pro'lided, any person v/ho violates the prO'l1SIOnS of this chapter, and
provisions ofRC\V 16.08.010 et seq., shall be guilty of a misdemeanor, punishable as provided
in FWCC 1 13. Chapter 16.08 RCW is adopted by reference, except to the extent its provisions
conflict with this chapter.
SECTION 4. Chapter 4, Article I, Section 4-5, of the Federal Way City Code shall be
amended to read as follows:
4-5 Civil penalty.
In addition to any other penalty in this chapter or by law, any person in violation of this chapter
':/hose animal is in violation ofthis chapter shall incur is subiect to a civil penalty, the maximum
penalty and the default amount of which shall be $250.00 per violation, not including fees, costs,
and assessments. to be directly assessed by the director, plus actual Costs includes any abatement
Ordinance No. 09-592
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costs and other actual costs incurred by the animal control authority. The director may directly
assess any civil penalty and, in a reasonable manner, may vary the amount of the penalty to the
nature and type of violation; the gravity ofthe violation; the number of past and present
violations committed and the good faith of the violator in attempting to achieve compliance with
prescribed requirements or after notification of a violation. All civil penalties assessed will be
enforced and collected in accordance with the procedure specified in this chapter, King County
Code Chapter 11. or Chapter 7.80 RCW. Animal control officers are authorized to issue civil
infractions to enforce any violations of this chapter. The amount of a civil infraction under this
section shall be the same as the civil penalty and shall be enforced under Chapter 7.80 RCW. An
owner is in violation of this chapter if they violate any provision of this chapter and when the
owner's animal is in violation of this chapter.
(Ord. No. 90-30, 9 40, 2-13-90; Ord. No. 92-153, 9 54, 11-17-92)
SECTION 5. Chapter 4, Article I, Section 4-6, of the Federal Way City Code shall be
amended to read as follows:
4-6 Personal obligations.
The civil penalty and the cost of abatement are personal obligations of the violator or animal
owner. The city attorncy on behalf of thc city, or prosecuting attorney on bchalf of the county,
may collect the civil penalty and the abatement costs by use of through all appropriate legal
remedies.
(Ord. No. 90-30, 941,2-13-90; Ord. No. 92-153, 9 55, 11-17-92)
SECTION 6. Chapter 4, Article I, Section 4-10, of the Federal Way City Code shall be
amended to read as follows:
4-10 Cruelty declared unlawful.
The following state statutes, including all future amendments, additions or deletions, are adopted
by reference:
(1) RCW 16.52.011, Definitions - Principles ofliability.
(2) RCW 16.52.015, Enforcement - Law enforcement agencies and animal care and control
agencIes.
(3) RCW 16.52.080, Transporting or confining in unsafe manner - Penalty.
(4) RCW 16.52.085, Removal of animals for feeding - Examination - Notice - Euthanasia.
(5) RCW 16.52.090, Docking horses - Misdemeanor.
(6) RCW 16.52.095, Cutting ears - Misdemeanor.
(7) RCW 16.52.100, Confinement without food and water - Intervention by others.
(8) RCW 16.52.110, Old or diseased animals at large.
(9) RCW 16.52.117, Animal fighting - Owners, trainers, spectators - Exceptions.
(10) RCW 16.52.165, Punishment - Conviction of misdemeanor.
(11) RCW 16.52.180, Limitations on application of chapter.
(12) RCW 16.52.185, Exclusions from chapter.
(13) RCW 16.52.190, Poisoning animals.
Ordinance No. 09-592
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(14) RCW 16.52.193, Poisoning animals - Strychnine sales - Records - Report on suspected
purchases.
(15) RCW 16.52.195, Poisoning animals - Penalty.
(16) RCW 16.52.200, Sentences - Forfeiture of animals - Liability for costs - Civil penalty-
Education, counseling.
(17) RCW 16.52.210, Destruction of animal by law enforcement officer -Immunity from
liability.
(18) RCW 16.52.220, Transfers of mammals for research - Certification requirements - Pet
animals.
(19) RCW 16.52.230, Remedies not impaired.
(20) RCW 16.52.300, Dogs or cats used as bait - Seizure - Limitation.
(Ord. No. 90-30, 9 24,2-13-90; Ord. No. 92-153,938, 11-17-92; Ord. No. 01-394, 9 1,6-19-
01)
SECTION 7. Chapter 4, Article I, Section 4-13, of the Federal Way City Code shall be
amended to read as follows:
4-13 Exotic animals.
The provisions of King County Code Chapter 11.28, including all future amendments, are hereby
adopted by reference as if set forth in full herein and are on file in the city elerk's office. Such
provisions shall apply to any acts or omissions which occur in the city.
(Ord. No. 90-30, 9 37,2-13-90; Ord. No. 92-153, 9 51, 11-17-92)
SECTION 8. Chapter 4, Article I, Section 4-14, of the Federal Way City Code shall be
amended to read as follows:
4-14 Guard dogs.
The provisions of King County Code Chapter 11.32, including all future amendments, are hereby
adopted by reference as if set f-orth in full and are on file in the city clerk's office. Such
provisions shall apply to all acts and omissions which occur in the city.
(Ord. No. 90-30, 9 38,2-13-90; Ord. No. 92-153, 9 52, 11-17-92)
SECTION 9. Chapter 4, Article I, Section 4-16, of the Federal Way City Code is hereby
repealed as follows:
4 16 Euthanasia rate targets.
(a) It shall be the policy of King County that the following maximum euthanasia rate targets are
used to measure the progress towards reducing the rates of unwanted, healthy pet cats and dogs
destroyed by the animal control authority and/or its designees. The euthanasia rates shall not
include animals that are destroyed because they arc feral, medically or temperamentally
unsuitable for adoption of have been released by their owners for owner requested euthanasia.
The computation of the euthanasia rates shall be based on a population which is defined as all of
King County, except the city of Seattle.
Ordinance No. 09-592
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(1) The number of healthy dogs and cats destroyed by King County animal control and its
designees exceeds 11 cats per 1,000 persons living in the county and 6.6 dogs per 1,000 persons
living in the county for any gi'len year ending December 31st; or
(2) The number of healthy dogs and cats destroyed by King County animal control or its
designees exceeds 5.5 cats per 1,000 persons living in the county and 3.3 dogs per 1,000 persons
living in the county for the year ending December 31, 1996;or
(3) The number of healthy dogs and cats destroyed by King County animal control or its
designees exceeds 1.7 cats per 1,000 persons li'ling in the county and 1.0 dogs per 1,000 persons
living in the county for the year ending December 31,2000.
(b) Tho animal control authority shall report annually to the Federal Way city council about the
number ofumvanted, healthy pets destroyed and '.vhat additional measures or programs might be
recommended for council approval to reduce the euthanasia rates. (Ord. No. 92 153, ~ 9, 11 17
~
SECTION 10. Chapter 4, Article 1, Section 4-24, of the Federal Way City Code shall be
amended to read as follows:
4-24 Mandatory spaying and neutering.
(a) No person shall own or harbor any cat or dog over the age of six months that has not been
spayed or neutered unless the person holds an unaltered animal license for the animal pursuant to
FWCC 9 1654-106.
(b) Guide dog puppies in training and police service dogs are exempted from the provision of
this section.
(c) Any dog or cat over the age of six months adopted from an animal shelter in King County
shall be spayed or neutered before transfer to the owner.
(Ord. No. 92-153, 9 3, 11-17-92)
SECTION 11. Chapter 4, Article II, Section 4-41, of the Federal Way City Code shall be
amended to read as follows:
4-41 Authority to enforce.
The director of the animal control authority and authorized animal control officers and city law
enforcement officers are 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 control. Not withstanding any other provision, law enforcement officers
are authorized to use reasonable force and control when needed to protect the health and safety
of persons or property and to enforce criminal laws.
(Ord. No. 90-30, 9 18(A), 2-13-90; Ord. No. 92-153, 9 28(A), 11-17-92)
SECTION 12. Chapter 4, Article II, Section 4-42, of the Federal Way City is hereby
repealed as follows:
4 42 'Varrant required far entry.
Ordinance No. 09-592
Page 7 of 20
The director of animal control authority or authorized animal control officer and city law
enforcement officers shall not enter a building designated for and used for priyate purposes,
unless a proper warrant has first been issued upon a shO\ving that the officer has reasonable cause
to belie-ye an animal is being maintained in the building in violation of this chapter. The director
of the animal control authority and authorized animal control officers and city law enforcement
officers, while pursuing any animal observed by the officer to be in '/iolation ofthis chapter, may
enter upon any building designated for and used for priyate purposes, for the purpose of abating
the animal yiolation being pursued or observed. (Ord. No. 90 30, S 18(B), 2 13 90; Ord. No. 92
153, S 28(B), 11 17 92)
SECTION 13. Chapter 4, Article II, Section 4-56, of the Federal Way City Code shall be
amended to read as follows:
4-56 Disposition of certain animals.
Any dog or other animal, except yicious or dangerous animals included in F\VCC iJ1l through
.iJM and Ulfi through .1ll2., which bites, attacks, or attempts to bite one or more persons two
or more times within a two-year period is declared to be a public nuisance. Such animal aHEl shall
be removed from the city within 48 hours after receiving written notice from the director or
authorized animal control officer and shall not be kept in the city. Any Sueh-animal found in
violation of this section v,'ill be is subiect to impoundment impounded and the owner or keeper of
such animal shall have no right to redeem such animal. The animal shall be disposed of pursuant
to FWCC !122 as an unredeemed animal.
(Ord. No. 90-30, 9 19(C), 2-13-90; Ord. No. 92-153, 9 29(C), 11-17-92)
SECTION 14. Chapter 4, Article II, Section 4-57, ofthe Federal Way City Code shall be
amended to read as follows:
4-57 Abatement of public nuisance-- Removal from city.
(a) Any animal constituting a public nuisance as provided in F\VCC iJ..iQ through ~ shall
be abated and removed from the city by the owner or by the director of the animal control
authority or authorized animal control officer, upon receipt by when the owner e.f has received
three notices and orders of violation in anyone-year period that are either not appealed or no
relief is obtained from any appeal.
(b) 'Nhere it is established by record pursuant to this diyision and no finding was entered
showing that the o\vner will be able to proyide reasonable restraints to protect the public from
rcpeat violations, Unless otherwise ordered after a hearing, the director of the animal control
authority shall notify and direct the owner of the animal to abate or remove the animal from the
city within 96 hours from the date of notice. If such animal is found to be within the confines of
the city after 96 hours have elapsed from the date of notice, the animal shall be abated and
remoyed impounded by the director of the animal control authority. Animals removed
impounded pursuant to the provisions of this section shall be removed from the city or be
subjected to euthanasia by the animal control authority.
(Ord. No. 90-30, 9 19,2-13-90; Ord. No. 92-153, 9 29(B), 11-17-92)
Ordinance No. 09-592
Page 8 of 20
SECTION 15. Chapter 4, Article II, Section 4-58, of the Federal Way City Code shall be
amended to read as follows:
4-58 Violations- Commencement of proceedings.
Unless otherwise provided by this chapter, whenever 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 eaeh the
violation or the animal; provided, that the abatement and remoyal proeedures of F'NCC 1J12
shall apply to '/icious animals or dangerous dogs.
(Ord. No. 90-30, 99 19(A), 25(A), 2-13-90; Ord. No. 92-153, 99 29(A), 39(A), 11-17-92)
SECTION 16. Chapter 4, Article III, Section 4-106, of the Federal Way City Code shall
be amended to read as follows:
4-106 License requirements.
All dogs and cats eight weeks and over which are harbored, kept or maintained with the city shall
be licensed and registered annually; provided, that an altered two-year license may be purchased.
This section shall not apply to dogs used by any eity police agency fef or other aft;' governmental
law enforcement agency for police work.
(Ord. No. 90-30, 9 3, 2-13-90; Ord. No. 92-153, 9 5(A), 11-17-92)
SECTION 17. Chapter 4, Article IV, Section 4-121, of the Federal Way City Code shall
be amended to read as follows:
4-121 Dangerous dogs prohibited.
(a) It is unlawful to own or possess a dangerous dog within the city limits of the city of Federal
Way. For the purpose of this provision, "dangerous dog" shall be defined by F\VCC 4 1 and
RCV116.08.070.
(b) 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 Way within 72 hours of
the designation by the owner or keeper of the dog.
(c) Any violation Violation of this section shall be is a gross misdemeanor, punishable by up to
one year injail and a fine of up to $5,000.
(d) Owners or keepers of dangerous dogs shall be strictly liable for any damage caused by the
dangerous dogs.
SECTION 18. Chapter 4, Article IV, Section 4-122, of the Federal Way City Code shall
be amended to read as follows:
4-122 Exception.
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Page 9 of 20
A dog shall not be considered a dangerous dog under this article if, at the time the threat, injury
or damage was sustained by a person, the person who, at the time, was committing a wilffil
willful trespass or other tort upon the premises occupied by the owner of the dog, 6f was
tormenting, abusing or assaulting the dog~ or has in the past been observed or rcported to ha'/e
tormented, abused or assaulted the dog or was committing or attempting to commit a crime. A
dog shall not be considered a dangerous dog under this article if the person iniured has in the past
been observed or reported to have tormented, abused or assaulted the dog.
(Ord. No. 90-30, 9 2(E), 2-13-90; Ord. No. 92-153, S 2(G), 11-17-92)
SECTION 19. Chapter 4, Article IV, Section 4-123, ofthe Federal Way City Code shall
be amended to read as follows:
4-123 Confiscation.
Any A dog shall be immediately confiscated by the animal control authority if the dog has been
deemed a dangerous dog~as defined by F'NCC U or RC\V 16.08.070 and the owner has
received notice under this chapter, King County Code Chapter 1 L or RCW 16.08.080~and has
either failed to appeal or has been denied relief following appeat under this chapter. If the
dangerous dog designation is under appeal at the time of confiscation, the dog shaH remain
confined at the ov.ner's expense while the appeal is pending. A dog may be impounded if the
animal control authority has deemed it a dangerous dog prior to final determination. Any
dangerous dog impounded or confiscated under this section prior to final determination, will be
held at the owner's expense pending appeal of the classification or violation.:....; upon Upon final
determination it may be disposed of and the owner has no right to redeem such dog. However,
upon showing of good cause and by in the sound discretion of the animal control authority, the
dog may be released to the owner for removal from within the city limits. In addition, the o\'mer
shall, upon conviction, be guilty of a gross misdemeanor p1:lflishable as proyided in RC'N
9f~.20.021.
(Ord. No. 90-30, S 33(C), 2-13-90; Ord. No. 92-153, 9 47(C), 11-17-92; Ord. No. 06-527, 9 5,6-
20-06. Formerly 4-124)
SECTION 20. Chapter 4, Article IV, Section 4-124, of the Federal Way City Code is
hereby repealed as follows:
4 124 CeBeral provisioBs.
The follo'.ving state statutes, including all future amendments, additions or deletions, are adopted
by reference:
(1) RC'.1116.08.020, Dogs injuring stock may be killed.
(2) RC\V 16.08.030, Marauding dog Duty of ov.ner to kill. (Ord. No. 01 394, ~ 2, 6 19 01;
Ord. No. 06 527, ~ 6,6 20 06. Formerly 4 125)
Ordinance No. 09-592
Page 10 of20
SECTION 21. Chapter 4, Article V, Section 4-147, of the Federal Way City Code shall
be amended to read as follows:
4-147 Running at large.
fat Any dog running at large within the city is a public nuisance. The O'llller or keeper of a dog
shall not permit such dog to run at large within the city. i^.. dog is running at large and is a
nuisance eyen ifthe dog is accompanied by the ovmer or custodian, if it is not secured by a leash.
The only allovlable exceptions to this section are when an o':mer or custodian is training or
exercising a dog on his or her ovm property, on the property of another person '.'lith the
permission ofthe oymer of the property, on public property designated to allov/ dog competition
sanctioned by national organizations, or in the designated off leash area_within french Lake
Park. The hours of French Lake Park shall be 7:00 a.m. to dusk except f-or the months of May
through August when the hours shall be 7:00 a.m. to 9:00 p.m. This section does not apply when
the dog is on the property of another person with the vermission of the owner of the property~ on
public property designated to allow dog competition sanctioned by national organizations~ at
animal shows, exhibitions or organized dog-training classes where at least 24 hours' advance
notice has been given to the animal control authority~ or in the designated off-leash area within
French Lake Park during designated times.
(b) .Any domesticated animal, whether licensed or not, \vhich runs at large in any park, other than
the designated off leash area '.vi thin French Lake Park, or enters any public beach, pond, f-ountain
or stream therein, or upon any public playground or school groood is declared to be a ooisance.
This subsection shall not prohibit a person from walking or exercising an animal iR a public park
or on any public beach when such animal is on a leash, tether or ehain not to exceed 20 feet in
length. This subsection shall not apply to any blind person using a trained seeing eye dog, animal
shows, exhibitions or organized dog training classes where at least 21 hours' ad'lanee notice has
been giyen to the animal control authority by such persons requesting to hold slieh animal shows,
exhibitions or dog training classes.
(Ord. No. 90-30, SS 2(Q), 20(B), 2-13-90; Ord. No. 92-153, 992, 30(B), (C), 11-17-92; Ord. No.
05-495,9 1, 7-5-05; Ord. No. 06-530, 92,8-1-06)
SECTION 22. Chapter 4, Article V, Section 4-148, of the Federal Way City Code shall
be amended to read as follows:
4-148 Presence in food establishments.
The owner or keeper shall not allow an An animal to enter that enters any place where food is
stored, prepared, served or sold to the public, or any other public building or hall, and any such
animal is declared to be a public nuisance. This section shall not apply to any blind person using
a trained seeing eye dog, veterinary offices or hospitals~ or ~animal shows, exhibitions or
organized dog-training classes where at least 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.
(Ord. No. 90-30, S 20(D), 2-13-90; Ord. No. 92-153, 9 30(D), 11-17-92)
Ordinance No. 09-592
Page 11 of20
SECTION 23. Chapter 4, Article V, Section 4-149, of the Federal Way City Code shall
be amended to read as follows:
4-149 Female dogs in heat.
The ovmer or keeper of a A..female dog domesticated animal whether lieensed or not, while in
heat, shall preyent such animal from being accessible to other male animals, except for parf'oses
other than controlled and planned breeding is a public nuisance.
(Ord. No. 90-30, 9 20(E), 2-13-90; Ord. No. 92-153, 9 30(E), 11-17-92)
SECTION 24. Chapter 4, Article V, Section 4-150, of the Federal Way City Code shall
be amended to read as follows:
4-150 Chasing vehicles.
./'.. domesticated An animal which chases, runs after~ or jumps at vehicles using the public streets
and alleys is declared to be a public nuisance.
(Ord. No. 90-30, ~ 20(F), 2-13-90; Ord. No. 92-153, ~ 30(F), 11-17-92)
SECTION 25. Chapter 4, Article V, Section 4-151, of the Federal Way City Code shall
be amended to read as follows:
4-151 Growling, jumping, etc.- Animals.
1'~ domesticated An animal which habitually on more than one occasion snaps, growls, snarls,
jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets, alleys or
other public ways is declared to be a public nuisance.
(Ord. No. 90-30, 9 20(G), 2-13-90; Ord. No. 92-153, 9 30(G), 11-17-92)
SECTION 26. Chapter 4, Article V, Section 4-152, of the Federal Way City Code shall
be amended to read as follows:
4-152 Vicious animals.
fat Any animal which has exhibited vicious propensities and which constitutes a danger to the
safety of persons or property off the premises of its owner or lawfully on such premises is
declared to be a public nuisance.~A vicious animal or animal with vicious propensities which
runs at large at any time, or such an animal off the owner's premises not securely leashed en-a
lffie or confined and in the control of a person of suitable age and discretion to control or restrain
such an animal is hereby declared to be a public nuisance.
(c) In addition to other remedies and penalties, the pro'/isions of this chapter relating to vicious
or dangerous animals shall apply.
(Ord. No. 90-30, S 20(H), (I), 2-13-90; Ord. No. 92-153, ~ 30(H), (I), 11-17-92)
Ordinance No. 09-592
Page 12 of20
SECTION 27. Chapter 4, Article V, Section 4-153, of the Federal Way City Code shall
be amended to read as follows:
4-153 Noisy animals.
Any domesticated An 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, is hereby
declared to be a public nuisance.
(Ord. No. 90-30, 9 20(J), 2-13-90; Ord. No. 92-153, 930(1), 11-17-92)
SECTION 28. Chapter 4, Article V, Section 4-154, of the Federal Way City Code shall
be amended to read as follows:
4-154 Other nuisances.
The following are declared to be public nuisances:
(1) Any domesticated animal which enters upon another person's property without the
permission of that person;
(2) Animals staked, tethered or kept on public property without prior written consent of the
animal control authority;
(3) Animals on any public property or not under the control of the owner or other competent
person;
(4) Animals kept, harbored or maintained and known to have a contagious disease unless under
the treatment of a licensed veterinarian; or
(5) Animals running in packs.
(Ord. No. 90-30, 9 20(K) - (0), 2-13-90; Ord. No. 92-153, 9 30(K) - (0), 11-17-92)
SECTION 29. A new section is added to Chapter 4, Article V, ofthe Federal Way City
Code to read as follows:
4-155 Owners shall not allow nuisances
The owner of any animal shall not allow such animal to be or become a public nuisance, do any
act deemed a public nuisance, or otherwise violate this chapter.
SECTION 30. A new section is added to Chapter 4, Article V, of the Federal Way City
Code to read as follows:
4-156 D02S in plaY2rOunds
Any animal which enters a public playground or school ground without permission from the
school is declared to be a public nuisance.
Ordinance No. 09-592
Page 13 of20
SECTION 31. A new section is added to Chapter 4, Article V, of the Federal Way City
Code to read as follows:
4-157 Exemption for service animals
This article does not ap-ply to service animals.
SECTION 32. Chapter 4, Article VI, Section 4-176, of the Federal Way City Code shall
be amended to read as follows:
4-176 Compliance required.
An animal declared by the director to be vicious may be kept, harbored or maintained in the
city only upon compliance with the requirements prescribed by the director and the requirements
ofFWCC 4-152.
(Ord. No. 90-30, 9 32(A), 2-13-90; Ord. No. 92-153, 946(A), 11-17-92)
SECTION 33. Chapter 4, Article VI, Section 4-179, of the Federal Way City Code shall
be amended to read as follows:
4-179 Violations.
Failure to comply with any requirement prescribed by the director pursuant to this article
constitutes a misdemeanor. The animal shall not be kept in the eity 48 hours after receiving
'.vritten notice from the director. The An animal kept or found in violation of this article -.lli
subiect to impoundment by the animal control authority, '.vill be impo1:lflded and disposed of
pursuant to F\VCC U22. as an unredeemed animal, and the owner or keeper of such animal has
no right to redeem such animal.
(Ord. No. 90-30, 9 32(B), 2-13-90; Ord. No. 92-153, 9 46(B), 11-17-92)
SECTION 34. Chapter 4, Article VII, Section 4-202, of the Federal Way City Code shall
be amended to read as follows:
4-202 Quarantine order.
Whenever the director of the Seattle-King County department of public health has cause to
suspect that an animal capable of transmitting rabies is infected with such disease, he or she shall
order a period of quarantine of not less than 10 days. The director of the Seattle-King County
department of public health shall notify in writing the owner or keeper of the infected animal of
such quarantine order. The infected animal shall be quarantined by the animal control authority
in its shelter or upon the premises of the owner or licensed veterinarian where conditions of
quarantine are strictly kept. The place of quarantine shall be at the discretion of the director of
the Seattle-King County department of public health, unless the animal had been exposed to
rabies by contact, in which case FWCC 4-205 shall apply. Delivery of a copy of such quarantine
order to some person of suitable age and discretion residing upon the premises where such
animal is found shall be notice of such quarantine. Good cause for such order of quarantine shall
Ordinance No. 09-592
Page 14 of20
-l
include, but is not limited to, evidence that such animal has bitten, or that there is reasonable
certainty that such animal has bitten, a human being. During the period of quarantine, the
officers, agents and employees of the animal control authority, and the other police officers, are
authorized to enter any premises for the purpose of apprehending any such animal and
impounding same, except where kept upon the premises of the owner or licensed veterinarian as
above provided.
(Ord. No. 90-30, 9 34(A), 2-13-90; Ord. No. 92-153, 9 48(A), 11-17-92)
SECTION 35. Chapter 4, Article VII, Section 4-203, of the Federal Way City Code shall
be amended to read as follows:
4-203 Notice of rabies hazard- Quarantine period.
Whenever the director of the Seattle-King County department of public health determines that
rabies is currently a hazard to the public health in the city by reason of the fact that a case of
rabies has been diagnosed in any animal, he or she shall cause a notice of such hazard to be
published in a newspaper of general circulation in the area for three successive days, which
determination and notice shall declare the quarantine period and area. The quarantine period
shall be 30 days after the last publication of notice; and it is a misdemeanor and is unlawful for
any owner, or person entitled to custody of such animal, to keep or harbor any animal capable of
transmitting rabies unless securely confined by a leash or tight enclosure from which it cannot
escape. Any animal capable of transmitting rabies found running at large during such period
shall be impounded and humanely destroyed by order of the director of the Seattle-King County
department of public health or his or her designee. If apprehension and impounding by safe
means is not possible, such animal may be destroyed smarily. Such director of the Seattle-
King County department of public health may extend any such quarantine period if deemed
necessary by like additional determinations and notices.
(Ord. No. 90-30, ~ 34(B), 2-13-90; Ord. No. 92-153, S 48(B), 11-17-92)
SECTION 36. Chapter 4, Article VII, Section 4-204, of the Federal Way City Code shall
be amended to read as follows:
4-204 Violation of quarantine.
It is unlawful for any owner or person charged with the custody of any animal subject to a
quarantine defined in this section under this article to permit any such animal to come in contact
with any other animal or person or to run at large or to be removed from any quarantine premises
without the consent of the director of the Seattle-King County department of public health ef
public health.
(Ord. No. 90-30, 9 34(C), 2-13-90; Ord. No. 92-153, 9 48(C), 11-17-92)
Ordinance No. 09-592
Page 15 of20
SECTION 37. Chapter 4, Article VII, Section 4-205, of the Federal Way City Code shall
be amended to read as follows:
4-205 Destruction of infected animals.
Any animal bitten by an animal found to be rabid by appropriate laboratory tests shall be.
destroyed by order of the director of the Seattle-King County department of public health ef
public health.
(Ord. No. 90-30, 9 34(D), 2-13-90; Ord. No. 92-153, 9 48(D), 11-17-92)
SECTION 38. Chapter 4, Article VII, Section 4-206, of the Federal Way City Code shall
be amended to read as follows:
4-206 Vaccination order.
Whenever the director of the Seattle-King County department of public health, by order
published in a newspaper of general circulation in the area for three successive days, determines
that conditions exist as indicated in FWCC 4-203 in a specified area wherein it is necessary for
the protection of the public health that animals capable of transmitting rabies be vaccinated
within 30 days with antirabies vaccine, he or she shall order that all such animals four months
old or over shall be so vaccinated or humanely destroyed at the option of the owner or keeper. It
is a misdemeanor and is unlawful for any owner, or person charged with the custody of such
animal, to fail or refuse to procure the vaccination within such time.
(Ord. No. 90-30, 9 34(E), 2-13-90; Ord. No. 92-153, ~ 48(E), 11-17-92)
SECTION 39. Chapter 4, Article VIII, Section 4-226, of the Federal Way City Code shall
be amended to read as follows:
4-226 Authorized.
The director of animal control and his or her authorized representatives may apprehend impound
any animal deemed to be a public nuisance, subiect to cruel treatment, or as otherwise authorized
in this chapter. found doing any ofthe acts defined as public nuisances in FWCC 1JJQ et seq. or
being subject to cruel treatment under this chapter. Except as otherwise provided in this chapter,
FWCC U, after such animals are apprehended, the animal control authority shall ascertain
whether they impounded animals are licensed, or otherwise identifiable. If reasonably possible,
Except as otherwise provided in this chapter, the animal control authority shall return the animal
to the owner together with a notice of violation of this chapter, if reasonably feasible. If an
animal is not returned it is not reasonably possible to immediately return a currently licensed
animal to its o\.vner, the animal control authority shall notify the owner within a reasonable time
by regular mail or telephone that the animal has been impounded and may be redeemed. Any
currently licensed animal impounded pursuant to this article shall be held for the OVffier at least
120 hours after telephone contact by the impounding agency or for at least two weeks after
posting of the notification of impoundment by regular mail; any other animal impounded
pursuant to this chapter shall be held for its owner at least 72 hours from the time of
impoundment.. If the animal control authority is unable to ascertain the animal's owner the
Ordinance No. 09-592
Page 16 of20
animal shall be held at least 72 hours from the time of impoundment. The county shall not sell
any animals to research institutes or licensed dealers for research purposes. .Any anima-l suffering
from serious injury or disease may be humanely destroyed, or, in the discretion ofthe
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. 90-30, S 21(A), 2-13-90; Ord. No. 92-153, S 31(A), 11-17-92)
SECTION 40. Chapter 9, Article IV, Section 9-156, of the Federal Way City Code is
hereby repealed as follows:
9 15li Defiuitious.
The definitions under Chapter 4, }~imals, shall apply throughout this .Article.
COrd. No. 90 30, ~ 2(C), (D), (H), (J), (K), (14:), (P), (R), 2 13 90; Ord. No. 92 153, ~ 2, 11
17 92)
SECTION 41. Chapter 9, Article IV, Section 9-169.1, of the Federal Way City Code shall
be amended to read as follows:
9-169.1 Special hobby kennel license.
(a) Persons owning a total number of dogs and cats exceeding three, who do not meet the
requirements for a hobby kennel license, may be eligible for a special hobby kennel license to be
issued at no cost by the animal control authority which will allow them to retain the specific
animals then in their possession; provided, that the following conditions are met:
(1) The applicant must-apply have applied for the s~ecial hobby kennel license and individual
licenses for each dog and cat prior to December 1 i , 1992 '.vithin 30 days of the enactment of
Ordinance No. 92 153, or at the time they are contacted by an animal control officer, King
County license inspector, King County pet license canvasser, or the city of Federal Vlay.
(2) The applicant is keeping the dogs and cats for the enjoyment of the species, and not as a
commercial enterprise.
(b) The special hobby kennel license shall only be valid for those specific dogs and cats in the
possession of the applicant at the time of issuance, and is intended to allow pet owners to possess
animals beyond the limits imposed by this article and Chapter 1. FWCC until such time as the
death or transfer of such animals reduces the number possessed to the legal limit set forth in this
article and Chapter 1. FWCC.
(c) The director of animal control may deny any application for a special hobby kennel license
or revoke such license based on past or present animal control code violations by the applicant's
dogs and cats, or complaints from neighbors regarding the applicant's dogs and cats; or if the
animal(s) is maintained in inhumane conditions.
(Ord. No. 92-153, 9 13, 11-17-92)
Ordinance No. 09-592
Page 17 of20
SECTION 42. Chapter 9, Article N, Section 9-186, of the Federal Way City Code shall
be amended to read as follows:
9-186 Hobby kennels or hobby cattery.
(a) Limitation on number of dogs and cats allowed. The director may limit the +he total
number of dogs and cats over six months of age kept by a hobby kennel or hobby cattery based
on the following guidelines:
(I) Animal size;
(2) Type and characteristics ofthe breed;
(3) The amount oflot area; provided, that the maximum number shall not exceed 25 where the
lot area contains five acres or more; the maximum number shall not exceed 10 where the lot area
contains 35,000 square feet but less than five acres and the maximlffil number shall not exceed
fi'le where the lot area is less than 35,000 square feet;
(4) The facility specifications/dimensions in which the dogs and cats are to be maintained;
(5) The zoning classification in which the hobby kennel or hobby cattery would be maintained.
(b) Limitation on reproduction. The hobby kennel or hobby cattery shall limit dog and cat
reproduction to no more than one litter per license year per female dog and two litters per license
year per female cat.
(c) Limitation on advertising. The hobby kennel or hobby cattery shall not have signs, displays
or other visual representations not already permitted in the zone.
(d) Immunization. Each dog and cat in the hobby kennel or hobby cattery shall have current
and proper immunization from disease according to the dog's and cat's species and age. Such
shall consist of DHLPP inoculation for dogs over three months of age and FVRCP for cats over
two months of age, and rabies inoculations for all dogs and cats over six months of age.
( e) License issuance and maintenance. Only when the director is satisfied that the
requirements of this chapter and King County Code Section 11.04.060(C)(1) through (5) have
been met, a hobby kennel or hobby cattery license may be issued. The license will continue in
full force throughout the license year unless, at any time, the hobby kennel or hobby cattery is
maintained in such a manner as to:
(1) Exceed the number of dogs and cats allowed at the hobby kennel or hobby cattery by the
animal control authority.
(2) Fail to comply with any ofthe requirements of King County Code Section 11.04.060(C)(1)
through (5).
(f) Compliance. All hobby kennel and hobby catteries shall comply with the provisions of
F'.vCC.2.JJ22., 2..J]Q through 9 190, this chapter and any applicable zoning regulations including
Chapter 19.260 FWRC.
(Ord. No. 90-30, S 10(B) - (G), 2-13-90; Ord. No. 92-153, S 12(B) - (G), 11-17-92)
SECTION 43. 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
Ordinance No. 09-592
Page 18 of20
Council ofthe City of Federal Way hereby declares that it would have adopted this chapter and
each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective ofthe fact that
anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared
invalid or unconstitutional.
SECTION 44. Concurrent Legislation. Currently pending ordinances or resolutions may
amend the same sections as does this one; changes made in this ordinance are intended to be in
addition to any changes made by any other ordinance or resolution, this ordinance is not intended
to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by
any other ordinance or resolution.
SECTION 45. 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
numbers and any references thereto.
SECTION 46. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
SECTION 47. Effective Date. This ordinance shall take effect and be in force thirty
(30) days from and after its passage and publication, as provided by law.
PASSED by the City Council ofthe City of Federal Way this 6th day of January, 2009.
CITY OF FEDERAL WAY
Ordinance No. 09-592
Page 19 of20
ATTEST:
CI~c:!lQlJ~'CMC
APPROVED AS TO FORM:
~u.~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH CITY CLERK: 11-25-2008
PASSED BY CITY COUNCIL: 01-06-2008
PUBLISHED ON: 01-10-2009
EFFECTIVE DATE: 02-09-2009
ORDINANCE NO.: 09-592
Ordinance No. 09-592
Page 20 of 20