ORD 11-688ORDINANCE NO. 11-688
AN ORDINANCE of the City of Federal Way, Washington, relating to
animal services; amending FWRC 9.05.010, 9.18.020, 9.18.100, 9.18.110,
9.25.030. (Amending Ordinance Nos.10-661, 09-592, 08-574, 07-573, 06-
530, 06-527, 92-153, and 90-30.)
WHEREAS, Federal Way Revised Code ("FWRC") Title 9, "Animals," sets forth the
administration, regulations, enfarcement, and licensing requirements of animal services in the City of
Federal Way; and
WHEREAS, updates to Chapter 9.05 FWRC are needed to include a definition of "bite" and
to increase the number of adult cats a person may have at his or her residence; and
WHEREAS, updates to Chapter 9.18 FWRC are needed to address leaving animals in parked
cars, aggressive dogs at public parks, cleaning up after animals, and how and when nuisances are
abated by the animal services authority; and
WHEREAS, an update to Chapter 925 FWRC is needed to clarify how dangerous dogs are
disposed of; and
WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to
update Title 9 to adopt changes to these chapters;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. FWRC 9.05.010 is hereby amended to read as follows:
9.05.010 Definitions.
The definitions in this section apply throughout this title unless the context clearly requires
otherwise.
`Abatement" means the termination of any violation by reasonable and lawful means
determined by the director in order that the owner 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 21
weeks.
Ordinance No. 11-688 Page 1 of 7
"Adult dog" means a dog of either sex, altered or unaltered, that has reached the age of 21
weeks.
`Altered" means neutered or spayed.
"Animal" means any living creature except human beings, insects and worms.
"Animal services authority" means the animal services unit of the Federal Way police
department acting alone or in concert with King County animal care and control and/or any city-
contracted shelter for enforcement of the animal services laws of the city, county and state for
the shelter and welfare of animals.
"Animal services 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 officer, sheriff or other employee 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 charged 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 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.
"Bite"means to pierce the skin with the teeth, fanqs, or mouthparts.
"Cattery" means a place where #e+�six 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 services
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 ar
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.
"Director" means the Federal Way chief of police or designee.
"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 toss of consciousness.
"Grooming parlor'or "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 #e�
six or more adult cats are bred or kept for exhibition for organized shows or for the enjoyment of
the species.
Ordinance No. 11-688 Page 2 of 7
"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.
"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, 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, thong or chain not more than 20 feet in length by which an
animal is controlled by the person accompanying it.
"Livestock" means cattle, hogs, sheep, goats, horses, Ilamas and other large grazing animals.
"Neutered"or "spayed"means a procedure performed by a licensed veterinarian meant to ::
prevent conception by an animaL
"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. 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 daycare" means any commercial facility where four or more dogs or other pet animals are
left by their owners for periods of supervised social interaction in play groups with other animals
of the same species for the majority of the time the pets are at the facility during 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 enc/osure" 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 than six feet by 12
feet on the owner's premises, suitable to prevent the entry of young children or human
extremities and designed to prevent a potentially dangerous or vicious animal from escaping.
Such pen, kennel, or other structure shall have secure sides and a secure top, and provide
protection from the elements for the dog. 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 ground. Doors,
windows, or other openings enclosed solely by wire or mesh screening shall not be considered a
proper enclosure as defined in this section.
"Provocation" includes taunting, teasing, willfully causing undue pain and/or unlawful entry
upon or into the owner's property.
"Running at large" 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.
Ordinance No. 11-688 Page 3 of 7
"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
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 title.
"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.
Section 2. FWRC 9.18.020 is hereby amended to read as follows:
9.18.020 Cruelty violations.
It is unlawful for a person to:
(1) Abandon a domestic animal by dropping off or leaving such animal on the street, or in any
other public place, or on the private property of another;
(2) Willfully run down with a vehicle an animal. A person who kills or injures an animal while
driving 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 identify himself to the owner or keeper
of the animal, and shall report the accident immediately to the police department;
(3) Sell or offer for sale or to give away living baby rabbits, chicks, ducklings, or other fowl that
are under two months of age 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 baby rabbits, chicks, ducklings, or other fowl in proper brooder facilities by
hatcheries or stores engaged in selling them for commercial purposes.
(4) No person shall leave or confine an animal in anv unattended motor vehicle under
conditions that endanqer the health or well-beinq of an animal due to heat, cold, lack of
adequate ventilation, or lack of food or water, or other circumstances that could reasonably be
expected to cause sufferinq, disabilitv, or death to the animal.
(a) A law enforcement officer or animal services officer is authorized to take all steps that
are reasonably necessarv for the removal of an animal form a motor vehicle, includinq.
but not limited to, breakinq into the motor vehicle, after a reasonable effort to locate the
owner or other person responsible.
Section 3. FWRC 9.18.100 is hereby amended to read as follows:
9.18.100 Public nuisances.
(1) 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 following are declared to be public nuisances:
(a) Any dog running at large within the city is a public nuisance. This section does not
apply when the dog is on the property of another person with the permission of the owner of the
property; on public property designated to allow dog competitions sanctioned by national
organizations; at animal shows, exhibitions or organized dog-training classes where at least 24
Ordinance No. 11-688 Page 4 of 7
hours' advance notice has been given to the animal services authority; or in an officially
designated off-leash area of a city park during the designated times.
(b) An animal that enters any place where food is stored, prepared, served or sold to the
public, or any other public building or hall, is a public nuisance. This section shall not apply to
veterinary offices or hospitals, or to animal shows, exhibitions or organized dog-training classes
where at least 24 hours' advance notice has been given to the animal services authority.
(c) A female dog, while in heat, accessible to other male animals, except for controlled
and planned breeding, is a public nuisance.
(d) An animal which chases, runs after, or jumps at vehicles using the public streets and
alleys is a public nuisance.
(e) An animal which snaps, growls, snarls, jumps upon or
otherwise threatens persons lawfully using the public parks, sidewalks, streets; alleys or other
public ways is a public nuisance.
(f) 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
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 or confined and in the
control of a person of suitable age and discretion to control or restrain such an animal, is a
public nuisance.
(g) 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 a public
nuisance.
(h) Any domesticated animal which enters upon another person's property without the
permission of that person.
(i) Animals staked, tethered or kept on public property without prior written consent of
the animal services authority.
Q) 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 contagious disease
unless under the treatment of a licensed veterinarian.
(I) Animals running in packs.
(m) Any animal which enters a public playground or school ground without permission
from the school.
(n) Pet owners must remove all fecal material deposited bv their pets on propertv thev
do not own, includinq neiqhbors' vards, citv parks, school propertv, public riqhts of wav, etc.
Each person in control of the pet must have materials to remove and dispose of in a sanitarv
manner feces left bv their pet when thev are off their own propertv.
(3) This section does not apply to service animals.
Section 4. FWRC 9.18.110 is hereby amended to read as follows:
9.18.110 Animal declared a public nuisance — Abatement.
An animal that has been the subject of three convictions of a violation of this chapter in a
period of 365 days or an animal that bites or attacks a person or persons without provocation
twice within a five-year period is a public nuisance and mav be required to be removed from
�h��� .,,,+ ho �or+ Within the city. If deemed necessarv, the animal services authority shall follow
the procedures set out in Chapter 1.15 FWRC in order to abate such animal. After the
completion of such abatement procedures, an animal subject to removal from the city as
provided in this section that is found within the city shall be impounded and treated as an
unredeemed animal with no right of redemption by its owner or keeper.
Orclinance No. I I-688 Page S of 7
Section 5. FWRC 9.25.030 is hereby amended to read as follows:
9.25.030 Confiscation.
A dog shall be confiscated by the animal services authority if the dog has been deemed a
dangerous dog and 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 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 the
humane destruction of the dog will occur '
rerlcom �,,,.h ,+,,,.. However, upon showing of good cause and in the sound discretion of the
animal services authority, the dog may be released to the owner for removal from within the city
limits.
Section 6. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or
phr�se 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 7. 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.
Section 8. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Ordinance No. 11-688
Page 6 of 7
Section 9. 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 Sth day of Apri12011.
CITY OF FEDERAL WAY
MAYOR, S PRIEST
ATTEST:
G
CITY CLERK, CARO MCNEIL Y, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 3/8/2011
PASSED BY THE CITY COUNCIL: 4/5/2011
PUBLISHED: 4/9/2011
EFFECTNE DATE: 5/9/2011
ORDINANCE NO.: 11-688
Ordinance No. I1-688 Page 7 of 7