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ORD 12-714ORDINANCE N0.12-714 AN ORDINANCE of the City of Federal Way, Washington, relating to animal services; repealing FWRC 9.09.050; amending FWRC 9.09.040, ' 19.260.010 and 19.260.020. (Amending Ordinance Nos. 10-661, 07-573, ', 02-424, and 90-43.) 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, updates to Chapter 9.09 FWRC are needed to clarify that Title 9 is the sole title in which regulations concerning cats and dogs will be located; and WHEREAS, updates to Chapter 19.260 FWRC are needed to clarify that Title 9 supersedes Title 19 with respect to cats and dogs; 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 l. The Sections List of Chapter 9.09 FWRC is hereby amended as follows: Sections: 9.09.010 Cat and dog licenses. 9.09.020 Kennel, pet shop, cattery, or shelter permits required. 9.09.030 Grooming parlor permit required. 9.09.040 Hobby kennel or hobby cattery license required. 9.09.060 Denial of license — Appeal. 9.09.070 Revocation, suspension, refusal to renew. Ordinance Na 12-714 Page 1 of 4 Section 2. FWRC 9.09.050 is hereby repealed in its entirety: , � Section 3. FWRC 9.09.040 is hereby amended to read as follows: 9.09.040 Hobby kennel or hobby cattery license required. It is unlawful for any person to keep and maintain any dog or cat within the city for the purposes of a hobby kennel or hobby cattery without obtaining a license. Applications for licenses for hobby kennels or hobby catteries shall be made to the animal services authority on forms provided by the city. Hobbv licenses will not be issued or renewed prior to an inspection of the premise conducted bv an Animal Service Officer. The Animal Services Officer maY establish conditions to be met bv the pet owner in order to become and remain licensed, The fee set by resolution of the city council for such license shall be assessed upon the owner of such animals. In addition, each animal shall be individually licensed pursuant to the provisions of FWRC 9.09.010. Section 4. FWRC 19.260.010 is hereby amended to read as follows: 19.260.010 Application of chapter. This chapter establishes special regulations that govern the keeping of animals in any zone where a dwelling unit is permitted. The keepinq of cats and doas is permitted in anv residentia Animals. The keeping of animals other than cats and doas is permitted in any residential zone or other zone where a dwelling unit is permitted, subject to the provisions of this chapter_at�-t�qe , . However, any provision of this chapter that is inconsistent with a specific provision applicable to suburban estate zones does not apply in suburban estate zones. Section 5. FWRC 19.260.020 is hereby amended to read as follows: 19.260.020 Types of animals. Animals will be regulated according to the following categories: (1) Household pets. The following animals will be regulated as household pets: (a) . /h\ Three n.�4c. �r lec.c. r�er rluiellir�n ��r�i� (�} Four rabbits or less per dwelling unit. (e� Gerbils. (€c) Guinea pigs. (�d) Hamsters. (�ie) Mice. (+fl Caged birds. (�g) Nonvenomous reptiles and amphibians. (�h) Other animals normally associated with a dwelling unit, and which are generally housed within the dwelling unit. Ordinance No. 12-714 Page 2 of 4 (2) Small domestic animals. The following animals will be regulated as small domestic animals: (al 11A�,re �h�n �hree rinne nor rl��iollinn � inil \ / �} More than four rabbits per dwelling unit. (e� Fowl. Refer to FWRC 19.260.055 for chickens and ducks on lots less than 35,000 square feet and citywide rooster limitations. (3) Large domestic animals. The following animals will be regulated as large domestic animals: (a) Horses. (b) Cattle. (c) Sheep. (d) Pigs. (e) Goats. (� Other grazing or foraging animals. (4) Bees. Section 6. 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 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 references thereto. Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance Na 12-714 Page 3 of 4 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 17�` day of January 2012. CITY OF FEDERAL WAY ATTEST: r �`��..., � � . ;. �... A CITY CLERK, CARO MCNEI Y, CMC APPROVED AS TO FORM: G✓� I CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 12-27-2011 1-17-2012 1-20-2012 2-20-2012 12-714 Ordinance Na 12-714 Page 4 of 4