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ORD 10-641ORDINANCE NO. 10-641 AN ORDINANCE of the City of Federal Way, Washington, relating to Dog Breeding Practices; amending FWRC 9.10.010. (Amending Ord. Nos. 09-592, O1-394, 92-153, 90-30) WHEREAS, Federal Way Revise Code ("FWRC") 9.10.010 adopts criminal statutes by reference to the State Law as codified in the Revised Code of Washington ("RCW"); and WHEREAS, the Washington State Legislature has added a new section to Chapter 16.52 RCW related to dog breeding practices; and WHEREAS, this new section, RCW 16.52.31 O, limits the number of dogs a person may own for breeding purposes and creates requirements for how breeding dogs must be treated; and WHEREAS, a person who violates the requirements of RCW 16.52.310 is guilty of a goss misdemeanor; and WHEREAS, FWRC 9.10.010 does not reference RCW 16.52.310; and WHEREAS, the City Council of Federal Way fmds it is in the best interest of the citizens to incorporate the State Law into the FWRG NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section l . FWRC 9.10.010 shall be amended to read as follows: 9.10.10 Cruelty declared unlawfuL The following state statutes are adopted by reference: RCW 16.52.011 Definitions — Principles of liability 16.52.015 Enforcement — Law enforcement agencies and animal care and control agencies. 16.52.080 Transporting or confining in unsafe manner — Penalty 16.52.085 Removal of animals for feeding — Examination — Notice — Euthanasia 16.52.090 Docking horses — Misdemeanor Ordinance No.10-641 Page 1 of 3 16.52.095 Cutting ears — Misdemeanor 16.52.100 Confinement without food and water — Intervention by others 16.52.110 Old or diseased animals at large 16.52.117 Animal fighting — Owners, trainers, spectators — Exceptions 16.52.165 Punishment — Conviction of misdemeanor. 16.52.180 Limitations on application of chapter. 16.52.185 Exclusions from chapter 16.52.190 Poisoning animals. 16.52.193 Poisoning animals — Strychnine sales — Records — Report on suspected purchases. 16.52.195 Poisoning animals — Penalty. 16.52.200 Sentences — Forfeiture of animals — Liability for costs — Civil penalty — Education, counseling. 16.52.210 Destruction of animal by law enforcement officer — Immunity from liability. 16.52.220 Transfers of mammals for research — Certification requirements — Pet animals. 16.52.230 Remedies not impaired. 16.52.300 Dogs or cats used as bait - Seizure — Limitation. 16.52.310 Dog breeding — Limit on the number of dogs — RecLuired conditions — Penaltv — Limitation of section — Definitions. Section 2. Severabilitv. 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 any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutionaL Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any referencesthereto. Ordinance No.10-641 Page 2 of 3 Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. 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 of the City of Federal Way this 2nd day of February, 2010. CITY OF FEDERAL WAY _ �� MAY R, LINDA KOC AR ATTEST: �/ /� � 1� / - -� � '. . ..� .,� . APPROVED AS TO FORM: CI Y ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 1/12/2010 PASSED BY THE CITY COLJNCIL: 2/2/2010 PUBLISHED: 2/6/2010 EFFECTIVE DATE: 3/8/2010 ORDINANCE NO.: 10-641 Ordinance No.10-641 Page 3 of 3