ORD 10-661ORDINANCE NO. 10-661
AN ORDINANCE of the City of Federal Way, Washington, relating to
Animal Services, specifically, Title 9, "Animals," of the Federal Way
Revised Code; amending Chapters 9.05 and 9.25 FWRC, repealing
Chapters 9.10, 9.15, 9.20, 9.30, 9.35, 9.40 and 9.45 FWRC, and creating
new Chapters 9.09 and 9.18 FWRG (Amending Ord. Nos. 09-592, 08-
574, 07-573, 06-530, 06-527, OS-495, O1-394, 92-153, 90-30)
WHEREAS, Federal Way Revised Code ("FWRC") Title 9, "Animals," sets forth the
administration, regulations, enforcement, and licensing requirements of animal services in the City of
Federal Way; and
WHEREAS, the Federal Way City Council has authorized the termination of the City's
Interlocal Agreement with King County for Animal Control Services; and
WHEREAS, a new Animal Services Unit of the Federal Way Police Department has been
created to provide animal services to the residents of the City of Federal Way; and
WHEREAS, the City Council finds that it is the in best interest of the citizens to update Title
9 to reflect the change in the animal control authority for the City, to remove reference to the King
County code, to consolidate duplicative provisions and Chapters, and to provide for the continuation
ofservices throughout the transition from King County Animal Care and Control to the Federal Way
Animal Services Unit; and
WHEREAS, to ensure that there is not a break in animal services to the residents of Federal
Way during this transition, the City Council finds that this ordinance is necessary for the immediate
preservation of public peace, health and safety and not subject to initiative or referendum,
Ordinance No. 10-661 Page 1 of 23
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The Section list of Chapter 9.05 FWRC is amended to read as follows:
Sections:
9.05.010 Definitions.
9.05.020 Purpose.
9.05.030 Authority of Director.
9.05.050 Civil penalty.
9.05.060 Personal obligations.
9.05.070 Costs of enforcement. �^+�
9.05.080 Waiver of fees and penalties.
9.05.090 Additional enforcement.
9.05.120 Exemptions.
9.05.130 Release from confinement.
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9.05.200 Authority to enforce.
9.05.220 Obstruction of officers.
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9.05.350 Impoundment authorized.
9.05.360 Redemption procedures.
9.05.370 Spayinq or neuterinq of doq or cat impounded more than once.
9.05.380 Disposition of unredeemed animals.
9.05.390 Iniured or diseased animals.
9.05.400 Prohibited sales.
Ordinance No. 10-661 Page 2 of 23
Section 2 . FWRC 9.05.010 is amended to read as follows:
9.05.010 Definitions
The definitions in this section apply throughout this title unless the context clearly requires otherwise.
"AbatemenY'means the termination of any violation by reasonable and lawful means determined by
the Ddirector ^f+ho �nimol coniinocn�n�rnl �, ,+h„�;+„ i order that a person or a person presumed to
be the owner shall comply with this title.
"Adult cat" means a cat of either sex, altered or unaltered, that has reached the age of twenty-one
(21) weeks�^�^R,�„�„�.
`Adult dog"means a dog of either sex, altered or unaltered, that has reached the age of twenty-one
(21) weeks°���"�
"Altered" means neutered or sqaved.
"Animal" means any living creature except human beings, insects and worms.
"Animal servicesse�tt�el authority" means the Animal Services Unit of the Federal Wav Police
Department actinq alone or in concert with Kinq Ceounty A�nimal Csare and Csontrol °°^+;�tm;�
.,�,,.,o „r ;,, ,.,,,,,.o,+..,c+h �#hor m� , n ,, .;n�r+ , o�and/or anv city-contracted shelter for enforcement of the
animal services�al laws of the c� county and statesi#� for the shelter and welfare of animals.
"Animal servicesser�#�el officer" means any individual employed, contracted or appointed by the
Director ' ' for the purpose of aiding in the enforcement of this title or any other
law or ordinance relating to the licensure of animals. control of animals or seizure or impoundment
of animals, and includes any state or local law enforcement�+�aa—pease officer, sheriff
se�s�a�le or other emptoyee whose duties in whole or in part include assignments which involve the
seizure and impoundment of any animal. For the purposes of this title this
definition shall apply where a person charqed with enforcement of this title is referred to as "officer"
or "official."
"Animal rescuer" means any individual who routinely obtains unwanted dogs or cats, ensures that
they are spayed or neutered, and locates within 90 days an adoptive home for them. An extension of
the 90 days may be granted by the animal services�el authority 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 a small
animal hospital, clinic or pet shop.
"Dangerous dog" means any dog that according to the records of the animal servicesse�el
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, the owner having received notice of
such, and the dog again aggressively bites, attacks, or endangers the safety of humans or
domestic animals;
Ordinance No. 10-661 Page 3 of 23
(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.
"Director" means the Federal Wav Chief of Police or desiqnee '
se►�el-a��.
"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.
"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 parlor"or "Groominq 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 ormaintaining 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 of the species.
"Juvenile" means any dog or cat, altered or unaltered, that is under the age of six weeks.
"Kenne/"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, clinic or pet shop.
"Known propensity" means an inclination for behavior that the owner is or should be aware of.
"Leash" means a cord rope thonq or chain not more than twentv (20) feet in lenqth bv which an
animal is controlled bv the person accompanyinq it.
"Livestock"means cattle, hogs, sheep, goats, horses, Ilamas and other large grazing animals�
, . . .
"Neutered"or "spaved"means a procedure performed by a licensed veterinarian meant to prevent
conception bv an animal.
"Owner" means any person having an interest or right of possession to an animal or any person
Ordinance No. 10-661 Page 4 of 23
having control, custody or possession of an animal, and includes but is not limited to the keeper or
custodian of an animal. Any person residing at a location where an animal has been consistently
residing shall be presumed to be the owner.
"Pack 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 davcare" means any commercial facility where four or more doqs or other pet animals are left
b v their owners for periods of supervised social interaction in plav qroups with other animals of the
same species for the maioritv of the time the pets are at the facilitv durinq the hours the facility is
open to the public.
"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 rents such live animals
to the public or to retail outlets.
"Police dog" means a dog used by a law enforcement agency and specially trained for law
enforcement work.
"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.
"Proper enclosure" means a securely confined indoor area of the owner's premises, or a securely
enclosed and locked pen kennel or other exterior structure no less that 6' x 12' on the owner's
premises suitable to prevent the entrv of younq children or human extremities and desiqned to
prevent a potentially danqerous or vicious animal from escapinq. Such pen kennel, or other
structure shall have secure sides and a secure top and provide protection from the elements for the
doq. If such pen kennel or structure has no bottom secured to the sides, the sides shall be
embedded not less than finro feet into the qround. Doors windows, or other openinqs enclosed
solely bv wire or mesh screeninq shall not be considered a proper enclosure as defined in this
section.
"Provocation"includes tauntinq teasinq willfullv causinq undue pain and/or unlawful entrv upon or
into the owner's propertY.
"Running at /arge"means to be off the premises of the owner and neither� secured by a leash nor
under control of the owner or other competent person.
"Service animal" means any animal trained or being trained for the purposes of assisting or
accommodating a person's sensory, mental, or physical disability and used for that purpose.
"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
humane society, animal welfare society, society for the prevention of cruelty to animals, or other
Ordinance No. 10-661 Page S of 23
nonprofit organization devoted to the welfare, protection and humane treatment of animals.
"Special hobby kennel /icense"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 title.
"Undercontrol"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.
Section 3 . FWRC 9.05.020 is amended to read as follows:
9.05.020 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, i�t is the purpose of this title to provide a means of licensing
dogs� ar�d cats, animal shelters h "�' h•• '-°^^°'°, kennels, aroominq parlors, pet davcares and pet
shops and to control errant animal behavior so that it shall not become a public nuisance, and to
prevent cruelty to animals.
Section 4 . FWRC 9.05.030 is amended to read as follows:
9.05.030 Authoritv of Director.
The ' Director has the authority to adopt rules and regulations to carry out the provisions
of this title, and has the authority to administer and enforce this chapter and any such rules or
regulations. It is unlawful to violate or fail to comply with any provision of this chapter or any such
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Section 5 . FWRC 9.05.050 is amended to read as follows:
9.05.050 Civil penalty.
In addition to any other penalty, any person in violation of this title is subject to a civil penalty as
outlined in Chapter 1.15 FWRC,
. , not including fees, costs, and assessments. Costs include any abatement
costs and other actual costs incurred by the animal servicesse�el authority. The Ddirector may
directly assess any civil penalty and, in a reasonable manner, may vary the amount of the penalty to
the nature and type of viotation; the gravity of the 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 title, 4�;,^,�-���Ged�T-i�le-�'� or
Chapter 1.15 FWRC�A-�. Animal servicessec�#�e4 officers are authorized to issue civil
infractions to enforce any violations of this title. The amount of a civil infraction under this section
Ordinance No. 10-661 Page 6 of 23
shall be the same as the civil penalty and shall be enforced under Chapter 1.15 FW RC�9-�G1AF.
An owner is in violation of this title if they violate any provision of this title and when the owner's
animal is in violation of this title.
Section 6. FWRC 9.05.060 is hereby amended to read as follows:
9.05.060 Personal obligations.
The civil penalty and the cost of abatement are personal obligations of the violator or animal owner.
The city ^r 4ho ,.,,,,n+., may collect the civil penalty and the abatement costs through all appropriate
legal remedies.
Section 7. FWRC 9.05.070 is hereby amended to read as follows:
9.05.070 Costs of enforcement.
In addition to costs and disbursements provided by state statute, the prevailing party in a collection
action under this title may, in the court's discretion, be allowed interest and reasonable attorneys'
fees on behalf of the city er-�et�r�� when the city eFSe� is the prevailing party.
Section 8. FWRC 9.05.080 is hereby amended to read as follows:
9.05.080 Waiver of fees and penalties.
(1) The Ddirector ' has the authority to waive licensing fees, late
licensing penalty fees, and redemption and sheltering fees, in whole or in part, when it would further
the goals of the Aanimal Services UnitE�+e� and be in the public interest.
(2) In determining whether a waiver should apply, the Ddirector ' must
take into consideration the following elements:
(a) The reason the animal was impounded;
(b) The reason or basis for the violation, the nature of the violation, the duration of the violation
and the likelihood the violation will not recur;
(c) The total amount of the fees charged as compared with the gravity of the violation;
(d) 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.
Section 9. FWRC 9.05.090 is hereby amended to read as follows:
9.05.090 Additional enforcement.
Nofinrithstanding the existence or use of any other remedy, the Ddirector ^{ +"° �^�^^^' ^^^+�^'
at�►sr+�-may seek legat or equitable relief to enjoin any acts or practices and abate any conditions
which constitute a violation of this title or other regulations adopted in this title.
Section 10. FWRC 9.05.120 is hereby amended as follows:
9.05.120 Exemptions.
The provisions of this title shall not apply to_
� All police doqs owned bv a public law enforcement aqencv or its aqents; or
� Ddogs and cats in the custody of an animal facility registered or licensed by the United
States Department of Agriculture and regulated by 7 United States Code 2131 et seq.
Section 11. FWRC 9.05.130 is hereby amended as follows:
Ordinance No. 10-661 Page 7 of 23
9.05.130 Release from confinement.
No person other than the owner or person authorized by the owner of the animai shall release any
animal from any confinement, vehicle or restraint unless such release is necessary for the
immediate health and safety of the animal; provided this section shall not apply to law
enforcement�eaee officers and animal serviceseer�e� or humane officers.
Section 12. FWRC 9.05.200 is hereby amended as follows:
9.05.200 Authority to enforce.
The Ddirector ' and authorized animal servicesse��el officers and city
law enforcement officers are authorized to take such lawful action as may be required to enforce the
provisions of this title and the laws of the state as they pertain to animal cruelty, shelter, welfare and
enforcement control. Nofinrithstanding any other provision, 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.
Section 13. FWRC 9.05.220 is hereby amended as follows:
9.05.220 Obstruction of officers.
No person shall deny, prevent, obstruct or attempt to deny, prevent or obstruct any officer from
pursuing any animal observed to be in violation of this title. No person shall fail to neglect, after a
proper warrant has been presented, to promptly permit the Ddirector or authorized animal
servicesse�el officer or city law enforcement officer to enter private property to perform any duty
imposed by this title.
Section 14. FWRC 9.05.250 is hereby amended as follows:
9.05.250 Violations .
Uqon the complaint of a person and after such complaint is verified bv the animal services authority,
the animal services authority shall commence proceedinqs to terminate the occurrence of a violation
either bv service of an infraction by service of a citation bv the notice and order procedure set out in
Chapter 1.15 FWRC and/or bv the nuisance abatement procedure set out in Chapter 1.15 FWRC,
as applicable. The standards of this title shall be followed bv the animal services authority in
determininq the existence of violation of this title and in determininq the enforcement action
required.
,
Section 15. The following sections of Chapter 9.05 FWRC are hereby repealed in their
entirety: 9.05.040, 9.05.100, 9.05.110, 9.05140, 9.05.150, 9.05.160, 9.05.170, 9.05.180, 9.05.190,
9.05.230, 9.05.240, 9.05.260, 9.05.270, 9.05280, 9.05.290, 9.05.300, 9.05.310, 9.05.320, 9.05.330.
Section 16. A new section is added to Chapter 9.05 to read as follows:
9.05.350 Impoundment authorized.
The animal services authority may impound any animal deemed to be a public nuisance, sublect to
cruel treatment or as otherwise authorized in this title. Except as otherwise provided in this title, the
animal services authoritv shall ascertain whether impounded animals are licensed or otherwise
identifiable. Except as otherwise provided in this title the animal services authority shall return the
Ordinance No. 10-661 Page 8 of 23
animal to the ownertoqetherwith a notice of violation of this title, if reasonablvfeasible. If an animal
is not returned the animal services authority shall notify the owner within a reasonable time by
reqular mail or telephone that the animal has been impounded and mav be redeemed. Anv currentiv
licensed animal impounded pursuant to this chapter shall be held for at least 120 hours after
telephone contact bv the impoundinq aqencv or for at least seven (7) davs after postinq of the
notification of impoundment bv reqular mail. If the animal services authoritv is unable to ascertain
the animal's owner the animal shall be held at least 72 hours from the time of impoundment.
Section 17. A new section is added to Chapter 9.05 to read as follows:
9.05.360 Redemption procedures.
Anv animal impounded pursuant to the provisions of this chapter mav be redeemed upon pavment
of the redemption fee as provided for in the fee resolution. An additional fee as set forth in the fee
resolution for each 24-hour period, or qortion thereof, durinq which such doq or cat is retained bv the
impoundinq aqencv shall be made pavable to the citv or citv-contracted shelter. The redemption fee
for livestock per animal impound incident, plus anv haulinq or boardinq costs due are setforth in the
fees on file in the police department. Livestock not redeemed mav be sold at public auction bv the
impoundinq aqencv. The haulinq and boardinq costs for livestock impounded shall be in accordance
with the rate established bY contract with the citv and the qiven stockvard used for holdinq such
animal.
Section 18. A new section is added to Chapter 9.05 to read as follows:
9.05.370 Spavinq or neuterinq of doq or cat impounded more than once.
An unaltered doq or cat impounded more than once shall be spaved or neutered bv the animal
services authoritv prior to the release of the doq or cat. The cost of the spav or neuter shall be
charqed to the owner upon redemqtion.
Section 19. A new section is added to Chapter 9.05 to read as follows:
9.05.380 Disposition of unredeemed animals.
Any animal impounded under this chapter not redeemed shall be treated in one of the followinq
ways:
(1) Made available for adoption for a fee.
(a) Anv person may adopt an animal impounded pursuant to the provisions contained in this
chapter when all billable costs redemption fees penalties and boardinq costs incurred in such
impoundment are made payable to the city or the appropriate citY-contracted shelter.
(b) Any doq or cat adopted from the citv's contracted animal shelters shall be spaved or
neutered prior to adoption.
(c) The Director shall have the authority to set administrative rules reqardinq any city
adoption proqram.
(2) Humanely destroyed bv euthanasia.
Section 20. A new section is added to Chapter 9.05 to read as follows:
9.05.390 Injured or diseased animals.
Anv animal sufferinq from serious iniurv or disease mav be humanelv destroved, or, in the discretion
of the impoundinq authority, mav be held for a lonqer period and redeemed bv anv person on
pavment of charqes not exceedinq those prescribed in this chapter.
Ordinance No. 10-661 Page 9 of 23
Section 21. A new section is added to Chapter 9.05 to read as follows:
9.05.400 Prohibited Sales.
The animal services authoritv shall not sell anv animals impounded under this chapter for the
purpose of inedical research to any research institute or anv other purchasers.
Section 22. A new Chapter 9.09 FWRC is hereby adopted as follows:
Chapter 9.09
LICENSING
Sections:
9.09.010 Cat and doq licenses.
9.09.020 Kennel, pet shoq, catterv, or shelter permits required.
9.09.030 Groominq parlor permit reauired.
9.09.040 Hobbv kennel or hobbY catterv license required.
9.09.050 Zoninct compliance.
9.09.060 Denial of license — Appeal.
9.09.070 Revocation, suspension, refusal to renew.
9.09.010 Cat and doq licenses.
(1) It is unlawful to keep or harbor a doq or cat that has reached twenty-one (21) weeks of aqe
unless an annual license is procured for the doq or cat from the animal services authoritv. There
is established a rebuttable presumption that the purchaser of such license is the owner of the
animal identified in the license application.
(2) Doqs and cats four months old or older shall be vaccinated aqainst rabies. Vaccinations
shall be performed in accordance with the standards contained in the "Compendium of Animal
Rabies Control" as amended, published bv the National Association of State Public Health
Veterinarians, Inc. Proof of vaccination must be shown before a license will be issued bv the
animal services authority.
(3) The annual license fees are set bv resolution of the city council.
(4) When a license is obtained in the process of recoverv of an impounded doq or cat, a fee is
charged for the license.
(5) The license will be valid for a term of one vear from the date of issuance, expirinq on the
last dav of the finrelfth month. Application for such license is made upon forms provided bv the
city. The application shall list the name address, and phone number of the owner, the name,
breed, colors, aqe, and sex, if anv, of the doq or cat, and such other medical and vaccination
information and data as mav be required. Such information is kept, conveniently indexed bv the
animal services authoritv, toqether with the number of the license issued.
(6) (a) Eliaible residents mav obtain at no charqe a special permanent license for the lifetime
of doqs and cats that are neutered or spaved and for which thev are the reqistered owners when
the animals are maintained at the owner's reqistered address. Such residents are not required
to annuallv obtain a new license for the lifetime of such licensed animals, except that no
household shall be issued more than three special permanent animal licenses for doqs or cats.
(b) Residents are eliaible for the sqecial qermanent license if thev are:
i) Citv residents 65 vears of aae and older: or
(ii) Citv residents qermanentiv disabled who at the time of filina are retired from
reaular aainful emalovment and are unable to enaaae in anv substantial aa inful activitv bv
reason of anv medicallv determinable qhvsical or mental qermanent imqairment.
Orclinance No. 10-661 Page 10 of 23
(c) Apqlications for snecial qermanent licenses shall be submitted in writina on forms
provided bv the Director and certified bv the aqplicant that. under the nenaltv of qeriurv. all
information provided in the claim is true and correct.
(dl The Director mav reauire documents deemed necessarv to establish nroner proof of
disabilitv status of the applicant. includina. but not limite to a current phvsician's statement or
_ _ --
upnlemental Securitv Income award letter.
(el The Director mav adoqt rules and reaulations as are deemed necessarv by the
Director to implement and enforce this section.
(7) A license issued is not transferable or usable bv a person, other than the person to whom
it was oriqinally issued, except as provided in subsection (10) of this section.
(8) It is unlawful for an applicant to withhold or provide false information on an application.
(9) Upon pavment of the license fee the animal services authoritv shall furnish to the person
pavinq the same a license taq for the doq or cat for which such fee has been paid. All license
taqs issued shall be securely fastened to a coltar or other like harness which shall be worn by
the animal at all times when off the premises of the licensed owner.
(10) Whenever the ownership of a licensed doq or cat chanqes, the new owner shall notify the
animal services authoritv, whereupon the animal services authoritv shall chanqe the record of
the animal to show the new ownership. The new owner shall obtain a new license once the
current license has expired.
(11) An owner or keeper of a licensed doq or cat whose current license taq has been lost mav
obtain a replacement taq bv the pavment of a sum to be set bv resolution of the city council.
(12) The above provisions of this section shall not apply to:
(a) Doqs and cats whose owners are nonresidents within the citv for less than six
months of a aiven vear:
(b) The owners of doqs or cats brouqht into the citv for the purpose of participatinq in a
doq or cat show;
(c) The owners or users of Seeinq Eve, Guide, or Service doqs;
(d) Veterinarians in custody of doqs or cats;
(e) The owners or operators of an animal shelter;
(f) The owners or operators of a dulv licensed kennel;
(q) The owners or operators of a qroominq parlor or pet shop; or
h) The owners or onerators of a net davcare.
(13) It is unlawful for a person to refuse to show at a reasonable time to an officer proof that
his or her animal(s) has been properly licensed.
9.09.020 Kennel, pet shop, pet davcare. catterv, or shelter permit required.
It is unlawful for a person to keep maintain or operate a kennel, pet shop, pet daycare, catteN,
or shelter within the city without first obtaininq a valid permit from Seattle-Kinq County
Department of Public Health pursuant to Chapter 8.03 of the Kinq County Board of Health Code.
Each permit and certificate of inspection issued pursuant to this chapter shall be in addition to
any business reqistration required pursuant to Chapter 12.05 FWRC and shall be conspicuously
displaved at the establishment to which such permit was issued.
9.09.030 Groominq parlor permit required.
(1) It is unlawful for any person to keep or maintain anv qroominq parlor without a valid permit
from Seattle-Kinq Countv Department of Public Health. Any qroominq parlor permit and any
certificate of inspection issued pursuant to Chapter 8.03 of the Kinq County Board of Health
Code shall be in addition to anv business reqistration required pursuant to Chapter 12.05 FWRC
and shall be conspicuously displayed at the establishment to which such license was issued.
(2) Groominq parlors shall:
Ordinance No. 10-661 Page 11 of 23
(a) Not board animals but keep such animals onlv for a reasonable time in order to
perForm the business of qroominq;
(b) Provide such restraininq straps for the animal while it is beinq qroomed so that such
animal shall not fall or be hanqed;
(c) Sterilize all equipment after each animal has been qroomed;
(d) Not leave an animal unattended before a dryer;
(e) Not prescribe treatment or medicine that is the province of a licensed veterinarian as
provided in RCW 18.92.010; and
(f) Not put more than one animal in each cacle.
�3) A qroominq parlor license must be revoked or mav be refused to be renewed if the
establishment constitutes a public nuisance or for failure to complv with the above requirements.
9.09.040 Hobbv kennel or hobby catterv license required.
It is unlawful for anv person to keep and maintain any doq or cat within the city for the purposes
of a hobbv kennel or hobbv catterv without obtaininq a license. Applications for licenses for
hobby kennels or hobbv catteries shall be made to the animal services authority on forms
provided bv the city. The fee set bv resolution of the citv council for such license shall be
assessed upon the owner of such animals. In addition, each animal shall be individuallv licensed
pursuant to the provisions of FW RC 9.09.010.
9.09.050 Zoninq compliance.
The applicant for a hobbv kennel or hobbv catterv license shall present to the animal services
authority a written statement from the citv that the establishment of the kennel or catterv at the
proposed site is not in violation of the city zoning code, is a leqal nonconforminq zoninq status,
or a special development permit has been issued for the intended use
9.09.060 Denial of license — Appeal.
No applicant shall be issued a hobby kennel or hobbv cattery license who has had such license
revoked or refusal to renew and until such applicant meets all applicable requirements
established by this chapter. A decision to revoke, refusal to renew, or denial of a license under
this chapter mav be appealed to the hearing examiner. Such appeal shall be brouqht within 10
davs of such decision and in accordance with FWRC 12.05.200.
9.09.070 Revocation, suspension, refusal to renew.
(1) The animal services authoritv mav in addition to other penalties provided in this chapter,
revoke suspend or refuse to renew anv hobbv kennel or hobbv catterv license upon qood cause
or for failure to complv with anv provision of this chapter; provided, however, the enforcement of
such revocation suspension or refusal shall be staved durinq the pendencv of an appeal filed
pursuant to FWRC 12.05.200.
(2) No applicant shall be issued a hobbv kennel or hobbv catterv license who has previously had
such license suspended or revoked or a renewal refused, for a period of one vear after the date of
revocation or refusal and until such applicant meets the requirements contained in the provision of
this chapter to the satisfaction of the animal services authority.
Section 23. A new Chapter 9.18 FWRC is hereby adopted as follows:
Chapter 9.18
REGULATIONS
Ordinance No. 10-661 Page 12 of 23
Sections:
9.18.010 Statutes adopted.
9.18.020 Cruelty violations.
9.18.030 Redemption of animals subiect to cruelty — Requirements.
9.18.040 Fowl and rabbits.
9.18.050 Livestock.
9.18.060 Wild or exotic animals.
9.18.070 Sale or qivinq awav of unaltered doqs and cats.
9.18.080 Advertisement for unaltered doqs and cats.
9.18.090 Possession of another's animal.
9.18.100 Public nuisances.
9.18.110 Animal declared a public nuisance — Abatement.
9.18.120 Rabies control.
9.18.130 Compliance with FWRC 9.18.140 throuqh 9.18.180 required.
9.18.140 Hobby kennel or hobby cattery.
9.18.150 Animal shelters kennels hobbv kennels, catteries, hobbv catteries and pet shops
— Reportinq requirements, inspections — Sanitation.
9.18.160 Animal shelters kennels hobby kennels, catteries, hobbv catteries and pet shops
— General conditions.
9.18.170 Indoor housinq facilities.
9.18.180 Outdoor facilities.
9.18.190 Groominq parlors.
9.18.010 Statutes adopted.
Chapter 16.52 of the Revised Code of Washinqton in its entiretv and all future amendments are
herebv adopted bv reference. In the case of a conflict between Chapter 16.52 RCW and this
title, the provisions of this title shall control.
9.18.020 Crueltv violations.
It is unlawful for a person to:
(1) Abandon a domestic animal bv droppinq off or leavinq such animal on the street, or in any
other public place, or on the private propertv of another;
(2) Willfullv run down with a vehicle an animal. A person who kills or iniures an animal while
drivinq a vehicle shall stop at the scene of the accident and shall render such assistance as is
reasonable shall make a reasonable effort to locate and identifv himself to the owner or keeper
of the animal, and shall report the accident immediatelv to the police department;.
(3) Sell or offer for sale or to qive awav livinq babv rabbits, chicks, ducklinqs, or other fowl that
are under two months of aqe or that have been dyed or colored, or otherwise treated so as to
have an artificial color, but this subsection shall not be construed so as to prohibit the sale or
displaY of natural babv rabbits chicks ducklinqs or other fowl in proper brooder facilities by
hatcheries or stores enqaqed in sellinq them for commercial qurposes.
9.18.030 Redemption of animals subiect to crueltv — Requirements.
The animal services authoritv shall have authority to impound an animal maintained in violation
of FWRC 9.18.010 or FWRC 9.18.020 and shall hold such animal for at least 72 hours after
proper notification of the owner or keeper. Redemption of such an animal shall be permitted only
after pavment of all costs and fees incurred and upon the written aqreement of the owner or
keeper to take such actions as are necessary to prevent reoccurrence of the violation; provided,
that the violation of such aqreement of release is unlawful and shall subiect the animal involved
Ordinance No. 10-661 � Page 13 of 23
to impoundinq without riqht of redemption to the owner or keeper. Such animal shall be retained
under city control until the abatement procedure in Chapter 1.15 FWRC has been complied with.
9.18.040 Fowl and rabbits.
It is unlawful for anv person to sell offer for sale, barter or qive awav anv fowl under three weeks
of aqe or any rabbit under two months of aqe as a pet, tov, premium or noveltv, or to color, dve,
stain or otherwise chanqe the natural color of anv such fowl or rabbit.
9.18.050 Livestock
It is unlawful for anv person to permit any livestock to run at larqe.
9.18.060 Wild or exotic animals.
(1) No person shall have, keep, or maintain, in an area of the citv, a live monkev (nonhuman
primate) lion tiqer bear couqar mountain lion badqer, wolf, covote, fox, Ivnx, or a poisonous
reptile or serpent, or any other danqerous, carnivorous, wild, or exotic animal or reptile.
(2) For the purpose of this section the followinq terms shall have the followinq meaninqs:
(a) "Exotic" means animals of foreiqn oriqin and that are not native bv birth to this
communitv.
�b) "Wild" means an animal that qenerally lives in its oriqinal natural state and is not
normally domesticated.
(3) Such animals witl be allowed to enter or remain in the citv on the condition that a permit is
obtained from the animal services authoritv. Such permit shall onlv be qranted upon a showinq
bv the applicant that adequate safequards have been instituted and will be maintained which will
effectively control the danqerous or vicious propensities of such animal or reptile, eliminatinq
danqer to individuals or property and providinq that the keepinq or maintaininq of such animal
will in no wav constitute a nuisance to the occupants of surroundinq property.
(4) No person owninq or havinq charqe custodv, control, or possession of an animal specified
in subsection (1) of this section shall permit the same to run at larqe upon anv street or ot_h_er
place public or private or within the premises of such person, in such a manner to endanqer a
person lawfully entering such premises.
(5) Subsection (1) of this section shall not aqqlv to a person keepinq or maintaininq or havinq
in his possession or under his control an animal defined in that subsection when such person is
transportinq such animal throuqh the city� provided that he has taken adequate safequards to
protect the public and has notified the chief of police of his proposed route and of the time that
such trip is to take place� nor shall subsection (1) applv to a person who has custodv of such
animals in connection with the operation of a zoo or circus or in connection with a proqram of
medical or scientific research; provided such person has taken adequate measures to safequard
persons and propertv. Whether measures taken to safequard the public pursuant to this section
are adequate shall be determined solely bv the chief of police or his authorized aqent.
9.18.070 Sale or qivinq awav of unaltered doqs and cats.
It is a violation of this title to sell or qive awav anv unaltered doq or unaltered cat in anv public
place or to auction off or raffle anv unaltered doq or unaltered cat as a prize or qift.
9.18.080 Advertisements for unaltered doqs and cats.
No person in the city shall publish or advertise to Federal Wav residents the availabilitv of any
unaltered cat or doq unless the publication or advertisement includes: The unaltered animal's
license number or the animal's iuvenile license number; provided, however, that nothinq in this
title shall prohibit licensed breeders from advertisinq in national publications for sale of a
planned litter or litters.
Ordinance No. 10-661 Page 14 of 23
9.18.090 Possession of another's animal.
Anvone havinq in his possession an animal not owned bv him, without consent of the lawful
owner or custodian, shall immediatelv notify the animal services authoritv and release such
animal to its officers on demand without charqe.
9.18.100 Public nuisances.
j1) 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.
(2) The followinq are declared to be public nuisances:
(a) Any doq runninq at larqe within the city is a public nuisance. This section does not
applv when the doq is on the qropertv of another person with the permission of the owner of the
property; on public property desiqnated to allow doq competitions sanctioned by national
orqanizations� at animal shows, exhibitions or orqanized doq-traininq classes where at least 24
hours' advance notice has been qiven to the animal services authoritv; or in an officially
desiqnated off-leash area of a city park durinq the desiqnated times.
(b) An animal that enters any place where food is stored, preqared, served or sold to the
public or any other public buildinq or hall, is a public nuisance. This section shall not applv to
veterinarv offices or hospitals, or to animal shows, exhibitions or orqanized doq-traininq classes
where at least 24 hours' advance notice has been qiven to the animal services authority.
(c) A female doq while in heat accessible to other male animals, except for controlled
and planned breedinq, is a public nuisance.
(d) An animal which chases, runs after, or iumps at vehicles usinq the public streets and
allevs is a public nuisance.
(e) An animal which on more than one occasion snaps, qrowls, snarls, lumps upon or
otherwise threatens persons lawfully usinq the public sidewalks, streets, allevs or other public
wavs is a public nuisance.
(f) Any animal which has exhibited vicious propensities and which constitutes a danqer to
the safetv of persons or propertv off the premises of its owner or lawfully on such premises is a
public nuisance. A vicious animal or animal with vicious propensities which runs at larqe at anv
time, or such an animal off the owner's premises not securelv leashed or confined and in the
control of a person of suitable aqe and discretion to control or restrain such an animal, is a
public nuisance.
�,q) An animal which howls, velps, whines, barks or makes other oral noises, in such a
manner as to disturb anv person or neiqhborhood to an unreasonable deqree, is a public
nuisance.
(h) Anv domesticated animal which enters upon another person's propertv without the
permission of that person.
(i) Animals staked tethered or kept on public property without prior written consent of the
animal services authority.
(il Animals on any public property and not under the control of the owner or other
competent person.
(k) Animals kept harbored or maintained and known to have a contaqious disease unless
under the treatment of a licensed veterinarian.
� Animals runninq in packs.
(ml Anv animal which enters a public ptavqround or school qround without permission
from the school.
(3) This section does not apply to service animals.
Ordinance No. 10-661 Page 1 S of 23
9.18.110 Animal declared a public nuisance — Abatement.
An animal that has been the subiect of three convictions of a violation of this chapter in a period
of 365 davs or an animal that bites or attacks a person or persons without provocation twice
within a five-vear period is a public nuisance and shall not be kept within the city. The animal
services authority shall follow the procedures set out in Chapter 1.15 FW RC in order to abate
such animal. After the completion of such abatement procedures, an animal subiect to removal
from the citv as provided in this section that is found within the citv shall be impounded and
treated as an unredeemed animal with no riqht of redemption bv its owner or keeper.
9.18.120 Rabies control.
(1) It is unlawful for the owner of an animal when notified that such animal has bitten a person
or has inlured a person as to cause an abrasion of the skin, to sell, qive awav, or permit or allow
such animal to be taken bevond the limits of the city except to a veterinarv hospital, but it shall
be the dutv of such owner upon receivinq notice of the occurrence of such bite or abrasion to
immediately place such animal in a dulv licensed veterinarv hospital for at least 15 davs or to
deliver such animal to the police department or their aqent for such placement; provided, upon
authorization of a licensed veterinarian such animal mav be released to the custodv of its owner
or keeqer upon the owner or keeqer's undertakinq to keep the same securely chained and
confined to the qremises of the owner or keeper and seqreclated from other animals durinq such
observation period. A member of the police department or aqent thereof receivinq such animal
shall immediatelv convev the animal to a veterinarv hospital where such animal shall be securely
confined for a period of at least 15 davs. In case such animal is delivered to a veterinarv hospital
bv the owner or keeper, the owner or keeper shall immediately furnish notice thereof to the chief
of police. A veterinarv hospital, upon the receipt of such animal, shall submit to the chief of
police a certificate statinq that the animal either:
(a) Shows no svmptoms of rabies; or
(b) Shows svmptoms of rabies.
At the expiration of the 15-dav period of confinement and upon release of such animal
because not rabid a veterinary hospital shall submit to the chief of police a second certificate
statinq that the animal has been found not to be rabid and has been released. A licensed
veterinarian releasinq such animal to its owner or keeper for confinement durinq the observation
period, shall at the end of the 15-dav period submit a report to the chief of police as to the
condition of such animal.
(2) Costs of maintaininq an animal in a veterinary hospital shall be paid by the owner.
(3) If a fierce, danqerous, or vicious animal cannot be safelv taken up and impounded, such
animal may be euthanatized by the police department or any of its officers or aqents.
(4) In cases where an animal that has bitten a person or caused an abrasion of the skin is
euthanatized bv an officer, and a period of less than 15 davs has elapsed since the dav the
animal bit a person or caused an abrasion of the skin of a person, it is the dutv of the chief of
police or his authorized aqent to deliver the brain of such animal to the laboratorv of the State
Department of Health.
(5) Whenever rabies amonq doqs becomes prevalent in western Washinqton, the countv or in
the citv, or whenever western Washinqton, the county or the citv are declared to be under a
rabies quarantine the citv manaqer mav order everv doq within the citv inoculated, mav order all
doqs muzzled unless confined within a pen, and mav make such other orders as mav be
necessitated to protect the public from this health hazard. Durinq the time such orders are in
force, the chief of police and his officers mav be ordered bv the citv manaqer to euthanatize
doqs found runninq at larqe.
(6) For the purposes of this section a King County animal control center and the Pierce
County Humane Society qualifv as dulv licensed veterinarv hospitals.
Ordinance No. 10-661 Page 16 of 23
9.18.130 Compliance with FWRC 9.18.140 throuqh 9.18.180 required.
All kennels pet shops pet davcares catteries shelters, hobbv kennels and hobbv catteries shall
at all times be in a condition of full compliance with the applicable requirements of FWRC
9.18.140 throuqh 9.18.180. Failure to be in full compliance with the applicable requirements
FWRC 9.18.140 throuqh 9.18.180 is unlawful and shall constitute a public nuisance and as such
shall be subiect to the abatement procedures of this chapter. Failure to maintain the
establishment in full compliance shall be qrounds for revocation of anv license issued.
9.18.140 Hobbv kennel or hobbv catterv.
(1) Limitation on number of doqs and cats allowed. The director mav limit the total number of
doqs and cats over six months of aqe kept bv a hobbv kennel and/or hobbv cattery based on the
followinq quidelines:
(a) Animal size;
�b) Type and characteristics of the breed;
(c) The amount of lot 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;
(d) The facility specifications/dimensions in which the doqs and cats are to be
maintained;
(e) The zoninq classification in which the hobbv kennel and/or hobbv catterv would be
maintained.
(2) Limitation on reproduction. The hobbv kennel and/or hobbv catterv shall limit doq and cat
reqroduction to no more than one litter per license vear per female doq and finro litters per
license vear per female cat.
(3) Limitation on advertisinp. The hobbv kennel and/or hobbv catteN shall not have siqns,
displavs or other visual representations not alreadv permitted in the zone.
(4) Immunization. Each doq and cat in the hobby kennel and/or hobby catterv shall have
current and proper immunization from disease accordinq to the doq's and cat's species and aqe.
Such shall consist of DHLPP inoculation for dogs over three months of aqe and FVRCP for cats
over two months of aqe, and rabies inoculations for all doqs and cats over six months of aqe.
(5) Compliance. All hobbv kennel and hobbv catteries shall complv with the provisions of this
chapter and any applicable zoninq requlations includinq Chapter 19.260 FWRC.
9.18.150 Animal shelters, kennels, hobbv kennels, catteries, hobbv catteries, pet
davcares and pet shops — Reportinq requirements, inspections — Sanitation.
(1) Reportinq repuired. Each animal shelter, hobbY kennel, kennel, catterv, hobbv catterv, pet
davcare or pet shop shall qrovide a list to the animal services authority of all doqs and cats qiven
away or sold to the animal services authority quarterly based upon the calendar vear. The list
shall contain the origin, the aqe and type of doq or cat and the name and address of the person
to whom the doq or cat was qiven or sold.
(2) Inspection. It shall be the dutv of the director of the Seattle-Kinq County department of
public health or the animal services authoritv to make or cause to be made such inspections as
mav be necessarv to ensure compliance with FWRC 9.18.150 throuqh 9.18.180. The owner or
keeper of an animal shelter hobbv kennel kennel catterv, aroominq service, pet davcare or pet
shop shall admit to the premises for the purposes of makinq an inspection, any officer, aqent or
emplovee of the Seattle-Kinq County department of health or animal services authoritv at any
reasonable time that admission is requested.
(3) Sanitation. It is unlawful to keep use or maintain within the citv anv animal shelter, hobby
kennel, kennel, catterv, qrooming services pet daycare or pet shop that is unsanitary nauseous,
Ordinance No. 10-661 Page 17 of 23
foul or offensive or in anv wav detrimental to public health and/or safetv and not in compliance
with Chapter 9.09 FWRC and/or FWRC 9.18.140 throuqh 9.18.180. Violation of this subsection
mav be cause for revocation or denial of such license.
9.18.160 Animal shelters, kennels, hobbv kennels, catteries, hobbv catteries and pet
shops — General conditions.
Animal shelters hobbv kennels kennels catteries and pet shops shall meet the followinq
conditions
(1) Housinq facilities shall be provided the animals and shall be structurally sound, maintained
in qood repair desiqned to protect them from iniurv contain the animals and shall restrict the
entrance of other animals.
(2) Electric power shall be supplied in conformance with citv, county and state electrical codes
adequate to supplv liqhtinq and heatinq as mav be required bv this chapter. Water shall be
supplied at sufficient pressure and quantity to clean indoor housinq facilities and primarv
enclosures of debris and excreta.
(3) Suitable food and beddinq shall be provided and stored in facilities adequate to provide
protection aqainst infestation or contamination bv insects and rodents. Refriqeration shall be
provided for the protection of perishable foods.
(4) Provision shall be made for the removal and disposal of animal and food wastes, beddinq,
dead animals and debris. Disposal facilities shall be maintained in a sanitarv condition, free from
the infestation or contamination of insects or rodents or disease and from obnoxious or foul
odors.
(5) Washroom facilities includinq sinks and toilets, with hot and cold water, must be
conveniently available for cleaninq purposes and a larqe sink or tub provided for the purpose of
washinq utensils, equipment and facilities.
(6) Sick animals shall be separated from those appearinq healthv and normal and, if for sale,
shall be removed from displav and sale. Sick animals shall be kept in isolation quarters with
adequate ventilation to keep from contaminatinq well animals.
(7) There shall be an employee on duty at all times durinq hours any store is open whose
responsibilitv shall be the care and welfare of the animals in that shop or department held for
sale or displav.
(8) An emplovee or owner shall come in to feed water and do any necessarv cleaninq of
animals and birds on davs the store or shop is closed.
(9) No person shall knowinqlv sell a sick or iniured animal or bird.
(10) No person shall misrepresent an animal or bird to a consumer in anv wav.
(11) Adequate care and feedinq instructions must be qiven to each purchaser of an animal
and must be in writinq.
9.18.170 Indoor housinq facilities.
Animal shelters hobbv kennels kennels catteries qroominq services, pet davcares and pet
shops which have indoor housinq facilities for animals and birds shall:
(1) Be sufficiently heated or cooled to protect the animals from temperatures to which thev are
not normally acclimatized:
(2) Be adequatelv 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 the volume of air
within any enclosed indoor facility shall be chanqed three times or more each hour. This mav be
accomplished throuqh the location and periodic openinq of doors and windows. If fans or
ventilatinq equipment are used thev shall be constructed in conformance with current standards
of qood enqineerinq practice with respect to noise and minimization of drafts;
(3) Have sufficient natural or artificial liqhtinq to permit routine inspection and cleaninq at any
Orclinance No. 10-661 Page 18 of 23
time of day. In addition, sufficient natural or artificial liqhtinq shall be supplied in the area of sinks
and toilets to provide for the hyqiene of animal caretakers;
(4) Have interior wall, ceilinq and floor 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 oriqinally 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; and
(5) Contain a drainaqe svstem which shall be connected to a sanitary sewer or septic svstem
which conforms to the standards of buildinq codes now in force within the city and shall be
desiqned to rapidly remove water and excreta in the cleaninq of such indoor housinq facility
under any conditions of weather to temperature; provided, this requirement shall not apply to
hobbv kennels and pet shops. All indoor housinq facilities for animals, fish or birds shall be
maintained in a clean and sanitarv condition and a safe and effective disinfectant shall be used
in the cleaninq of such facilities.
9.18.180 Outdoor facilities.
Animal shelters, hobbv kennels, kennels, catteries, pet daycares and pet shops which have
outdoor facilities for animals and birds shall:
(1) Be constructed to provide shelter from excessive sunliqht, 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;
(2) Be constructed to provide drainaqe and to prevent the accumulation of water, mud, debris,
excreta or other materials and shall be desiqned to facilitate the removal of animal and food
wastes: and
(3) Be constructed with adequate walls or fences to contain the animals therein and to
prevent entrances of other animals.
9.18.190 Groominq parlors.
(1) Groominq parlors shall:
(a) Not board animals but keep onlv doqs and cats for a reasonable time in order to
perform the business of qroominq;
(b) Provide such restraininq straps for a doq or cat while it is beinq qroomed so that such
animal shall neither fall or be hanqed:
(c) Sterilize all equipment after each doq or cat has been qroomed;
(d) Not leave animals unattended before a dryer;
(e) Not prescribe a treatment or medicine that is the province of a licensed veterinarian
as provided in RCW 18.92.010;
(f) Not put more than one animal in each caqe.
(2) All floors and walls in rooms, pens and caqes used to retain animals or in areas where
animals are clipped, qroomed or treated must be constructed of water impervious material that
can be readilv cleaned, and must be maintained in qood repair.
(3) Hot and cold water must be convenientiv available and a larqe sink or tub of a minimum
size of 24 inches bv 18 inches bv 12 inches must be provided.
(4) Toilet and hand washinq facilities with hot and cold runninq water must be conveniently
available for personnel emqloved.
(5) Only e4uipment necessarv to the operation of the licensed establishment shall be kept or
stored on the premises and shall be stored in a sanitarv and orderly manner.
(6) All cages, pens or kennels used for holdinq animals shall be kept in a clean and sanitary
condition and must be disinfected on a routine basis.
Ordinance No. 10-661 Page 19 of 23
Section 24. Chapter 9.25 FWRC is renamed "Dangerous Animals" and the sections list is
amended to read as follows:
Sections:
Article I. Danqerous Doqs
9.25.005 Statutes adopted.
9.25.010 Dangerous dogs prohibited.
9.25.020 Exception.
9.25.030 Confiscation.
Article II. Vicious Animals
9.25.100 Compliance required.
9.25.110 Factors required to be considered.
9.25.120 Optional factors to be considered.
9.25.130 Violations.
Section 25. A new section is hereby added to Article I of Chapter 9.25 FWRC to read as
follows:
9.25.005 Statutes adopted.
Chapter 16.08 of the Revised Code of Washinqton in its entiretv and all future amendments are
hereby adopted by reference. In the case of a conflict between Chapter 16.08 RCW and this title,
the provisions of this title shall control.
Section 26. FWRC 9.25.010 is hereby amended to read as follows:
9.25.010 Dangerous dogs prohibited.
(1) It is unlawful to own or possess a dangerous dog within the city limits of the city of Federal Way.
(2) Upon final designation of a dog as a dangerous dog, the dog must either be surrendered to the
animal servicese�a� authority or be removed from the city limits of Federal Way by the owner or
keeper of the dog.
(3) Any violation of this section is a gross misdemeanor.
(4) Owners or keepers of dangerous dogs shall be strictly liable for any damage caused by the
dangerous dogs.
Section 27. FWRC 9.25.030 is hereby amended to read as follows:
9.25.030 Confiscation.
A dog shall be confiscated by the animal services�el authority if the dog has been deemed a
dangerous dog, the owner has received notice under this chapter, � ,
.. , and has either failed to appeal or has been denied relief following appeal. A dog
may be impounded if the animal services�e� 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 final determination it may be disposed of and the owner has no right to redeem such dog.
However, upon showing of good cause and in the sound discretion of the animal servicesse��e{
authority, the dog may be released to the owner for removal from within the city limits.
Ordinance No. 10-661 Page 20 of 23
Section 28. A new section is added to Article II of Chapter 9.25 FWRC to read as follows:
9.25.100 Compliance required.
An animal declared by the Director to be vicious mav be kept, harbored or maintained in the city onlv
upon compliance with the requirements prescribed bv the Director and the requirements of FWRC
9.18.120(2)(fl.
Section 29. A new section is added to Article II of Chapter 9.25 FWRC to read as follows:
9.25.110 Factors required to be considered.
In prescribinq requirements to be observed in compliance with this chapter, the Director shall take
into consideration the followinq factors:
(1) The breed of the animal and its characteristics;
(2) The phvsical size of the animal;
(3) The number of animals in the owner's home;
(4) The zoninq involved, size of the lot where the animal resides, the number and proximitv of
neiqhbors;
(5) The existinq control factors, includinq but not limited to fencinq, caqinq, runs and stakinq
locations;
�6) The nature of the behavior qivinq rise to the director's determination that the animal is vicious:
(a) Extent of the iniurv:
(b) Circumstances, e.q., time of dav, on/off propertv, provocation instinct;
(c) Circumstances surroundinq the result and complaint, e.q., neiqhborhood disputes,
identification, credibility of complainants and witnesses.
Section 30. A new section is added to Article II of Chapter 9.25 FWRC to read as follows:
9.25.120 Optional factors to be considered.
Requirements which mav be prescribed under this chaqter include but are not limited to the
followinq:
(1) Erection of additional or new fencinq adequate to keep the animal within the confines of its
property3
(2) Construction of a run within which the animal is to be kept. Dimensions of the run will be
consistent with the size of the animal;
(3) Keeping the animal on a leash adequate to control the animal, the lenqth and location to be
determined bv the director. When unattended the leash must be securely fastened to a secure
object;
(4) Maintenance of the animal indoors at all times, except when personally controlled on a leash
adequate to control the animal bv the owner or a competent person at least 15 vears of aqe;
(5) Removal of the animal from the city within 48 hours from the receipt of such notice.
Section 31. A new section is added to Article II of Chapter 9.25 FWRC to read as follows:
9.25.130 Violations.
Failure to comply with any requirement prescribed bv the Director pursuant to this chapter
constitutes a misdemeanor. An animal kept or found in violation of this chapter is subiect to
impoundment bv the animal services authoritv and the owner or keeper of such animal has no riqht
to redeem such animal.
Ordinance No. 10-661 Page 21 of 23
Section 32. Chapters 9.10, 9.15, 9.20, 9.30, 9.35, 9.40, and 9.45 of the FWRC are hereby
repealed in their entirety.
Section 33. 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 any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 34. 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 references thereto.
Section 35. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 36. Effective Date. By unanimous consent, the City Council finds that this
ordinance is needed for the immediate preservation of public peace, health and safety and is not
subject to initiative or referendum. This ordinance shall take effect and be in force on July 1, 2010.
PASSED by the City Council of the City of Federal Way this l day of June, 2010.
CITY OF FEDERAL WAY
'�-__...
. r..� �,�� �� C' �
OR, LINDA OCHMAR
Ordinance No. 10-661 Page 22 of 23
ATTEST:
CITY CLERK, CARO MC EI LY, CMC
APPROVED AS TO FORM:
/ � '
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
COUNCIL BILL NO.
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
5-11-2010
540
6-1-2010
6-5-2010
7-1-2010
l 0-661
Ordinance No. 10-661 Page 23 of 23