Ord 90-030
0072.16002
RPB/mls
02/01/90
ORDINANCE NO.
90-30
AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, ADOPTING ANIMAL CONTROL REGULATIONS
CONTAINING A SEVERABILITY CLAUSE AND SETTING AN
EFFECTIVE DATE.
WHEREAS, the Federal Way City Council finds that this
ordinance is in the interest of the public health, safety and
welfare, now, therefore,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section
1.
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
cruel ty to animal life.
It is therefore the purpose of this
ordinance to provide a means of licensing dogs and cats, animal
shelters,
hobby kennels,
kennels 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
2.
Definitions.
In
construing
the
provisions
of
this
ordinance,
except where otherwise plainly
declared or clearly apparent from the context, words used in this
ordinance shall be given their common and ordinary meanings.
In
addition, the following definitions shall apply:
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COpy
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A.
"Abatement" means the termination of any violation
by
reasonable
and
lawful
determined
by
means
the
director of the animal control authority in order that a
person or a person presumed to be the owner shall comply
with this ordinance.
B.
"Animal"
any
living creature
means
except human
beings, insects and worms.
c.
"Animal control authority" means the county animal
control division, department of general services, acting
alone
in
for
with
concert
municipalities
other
or
enforcement of the animal control laws of the county and
the shelter and welfare of animals.
D.
"Animal
any
individual
officer"
control
means
employed, contracted or appointed by the animal control
authority for the purpose of aiding in the enforcement
of this ordinance or any other law or ordinance relating
to the impoundment of animals, and includes any state or
municipal
officer,
sheriff,
constable
or other
peace
employee
duties
or
in
whose
in
part
include
whole
assignments which involve the seizure and taking into
custody of any animal.
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E.
"Dangerous dog" means any dog that according to the
records of the appropriate authority,
(a) has inflicted
severe injury on a human being without provocation on
public or private property,
(b) has killed a domestic
animal
without
provocation
while
off
the
owner's
property,
(c)
has
been
previously
or
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;
provided,
however,
that
animal
shall
an
not
be
considered a "dangerous dog" if the threat, injury, or
damage was sustained by a person who, at the time, was
committing a willful trespass or other tort upon the
premises
occupied
by
the
of
the
dog,
owner
or
was
tormenting, abusing, or assaulting the dog or has in the
past been observed or reported to have tormented, abused
or assaulted the dog or was committing or attempting to
commit a crime.
F.
"Domesticated
means
animal"
those
domesticated
beasts including any dog, cat, rabbit, horse, mule, ass,
bovine animal, lamb, goat, sheep or hog, or other animal
made to be domestic.
G.
"Euthanasia"
an
the humane destruction
means
of
animal,
accomplished
by
method
that
involves
a
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instantaneous unconsciousness and immediate death, or by
a method that causes painless loss of consciousness and
death during such loss of consciousness.
H.
"Grooming parlor" means any place or establishment,
public or private, where animals are bathed, clipped or
combed, whether or not for compensation, for the purpose
of enhancing their aesthetic value.
I.
"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(s)
is treated as living at one's house by the
homeowner.
J.
"Hobby kennel" means a noncommercial kennel at, or
adjoining a private residence where four or more adult
animals are bred and/or kept for hunting, training and
exhibition for organized shows,
field,
working and/ or
obedience trials or for the enjoyment of the species.
K. "Kennel" means a place where four or more adult
dogs or cats or any combination thereof are kept,
whether by owners of the dogs and cats or by persons
providing
facilities
and
care
whether
or
not
for
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compensation, but not including a small animal hospital
or clinic or pet shop.
An adult dog or cat is one of
either sex, altered or unaltered, that has reached the
age of four months.
L.
"Livestock"
sheep,
means horses,
bovine animals,
goats, swine, reindeer, donkeys and mules.
M.
"Owner"
having
means
interest
any
person
an
or
right of possession to an animal or any person having
control,
custody
possession
of
animal,
or
or
by
an
reason of the animal being seen residing consistently at
a location, shall be presumed to be the owner.
N.
"Packs of dogs" shall consist of a group of three
or
dogs
or
private
running
either
more
public
upon
property
not
its owner
that of
in a
state
in which
ei ther its control or ownership is in doubt or cannot
readily
be
ascertained,
and
when
such
dogs
are
not
restrained or controlled.
o.
"Person" means any individual,
firm,
partnership,
joint
stock company,
corporation,
association,
trust,
estate or other legal entity.
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P.
"Pet shop" means any person, establishment,
store
or department of any store that acquires live animals,
including birds, reptiles, fowl and fish, and sells, or
offers to sell or rent such live animals to the public
or to retail outlets.
Q.
"Running at large" means to be off the premises of
the
custodian
and
not
owner
secured
by
or
a
leash
fifteen feet or less.
This means that even if the dog
is
accompanied
by
the
custodian
it
is
in
owner
or
violation of this ordinance if not secured by a leash.
The
only
allowable
exception
is
where
an
owner
or
custodian is training a dog on his own property or has
permission of the owner of the property, or on public
property designated to allow dog competition sanctioned
by national organizations.
R.
"Shelter" means a facility which is used to house
or
contain
or
unwanted
stray,
homeless,
abandoned
animals and which is owned, operated or maintained by a
public
body,
established
society,
animal
humane
an
welfare society, society for the prevention of cruelty
to animals, or other non-profit organization devoted to
the welfare, protection and humane treatment of animals.
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S.
"Under control" means the animal
is under voice
competent
and/or
signal
contròl
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 lease or off the premises of
the owner.
T.
"Vicious" means the act of or the propensity to do
any act endangering the safety of any person, animal or
property
of
another,
including,
but not
1 imi ted to,
biting
a human being,
an attack on human beings
or
domesticated animals without provocation.
section
3.
Doq
and
cat
licenses--Reauired.
All
weaned dogs and cats which are over 6 months of age and harbored,
kept
or
maintained
within
the
City
shall
be
licensed
and
registered annually; provided, however, dogs kept in kennels need
not be licensed annually while kept at such kennels which are
duly licensed as provided in Section (7); provided further, that
this section shall not apply to dogs used by the King County
Department of Public Safety or municipal police departments for
police work.
Section 4.
Doq and cat licenses--Fees
A.
Dog and cat licenses shall be issued by the animal
control authority upon application and payment of an
annual license fee to the King County Finance Department
as established by King County.
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B.
city residents sixty-five years of age or older
shall
be
entitled
to
purchase
special
a
permanent
license
of 'cats
for the
lifetime
or dogs which are
neutered or spayed and for which they are the registered
owners when said animals are maintained at said owner's
registered address. The special permanent animal
license fee shall be established by King County,
provided that the owner provides written proof that the
animal
has been
spayed or neutered.
Such residents
shall not be required to annually purchase a new license
for the lifetime of such licensed animals;
provided,
that
shall
be
granted
no
than
person
three
more
permanent animal licenses for any combination of three
cats and dogs for which they are the registered owner.
C.
All license tags issued herein shall be securely
affixed to a substantial collar, harness or other means
which shall be worn by the dog at all times.
As an
alternative
license
to
animal
tag,
may
be
a
an
identified by being tattooed on its right ear or on its
inside
right thigh
or groin with the license number
approved or issued by the animal control authority.
D.
King County animal control section is authorized to
collect
fee
for
lost
license
stolen
a
tag
a
or
replacement to be established by King County.
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Section 5.
Doq and cat licenses--Late penalty.
A.
A late penalty shall be charged on all dog and cat
license applications according to schedule adopted by
King County.
B.
No late penalty shall be charged on new license
applications if:
1.
The
submits
proof
of
owner
purchase
or
acquisition
of
animal
the
within
the
preceding
thirty (30) days; or
2.
The owner has moved into the city within the
preceding thirty (30) days; or
3.
The animal is currently or has been within the
preceding thirty
( 30)
days,
under the age which
requires a license; or
4.
The
owner
purchases
the
licensees)
voluntarily, prior to in person or field contact by
animal control personnel; or,
5.
The
owner
submits
other
proof
deemed
acceptable in the animal control authority.
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Section 6.
Doq and cat licenses--Nonapplicability.
A.
The provisions of this ordinance shall not apply to
dogs or cats in the custody of a veterinarian or animal
shel ter or whose
owners
are nonresidents
temporarily
within the City for a period not exceeding thirty days.
B.
When a blind person, physically disabled person or
hearing impaired person requests that no fee be charged
to license his or her guide or service dog, no fee shall
be charged.
Section
7.
Shelter.
kennel
or
shop
license--
Required.
It is unlawful for any person to keep or maintain any
animal
shelter,
kennel
or pet
shop within
the
City
without
obtaining a valid and subsisting license therefor.
A fee to be
established
by
King
County
shall
be
assessed,
not
upon
the
individual animals,
but upon the owner or keeper of an animal
shelter,
kennel or pet shop.
Each license and certificate of
inspection
issued
pursuant
to
this
ordinance
shall
be
conspicuously
displayed
at
the
establishment
to
which
such
license was issued.
The license shall be dated and numbered and
shall bear the name of Federal Way, King County, Washington, and
the name and address of the owner or keeper of the establishment,
and the expiration date of the license.
The license shall run
for a period of one year from the date of purchase.
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section
8. Shelter
or
kennel
license--Zoninq
compliance.
The applicant for an original animal shelter, hobby
kennel
or kennel
license shall present to the animal control
authority
a
written
statement
from
the
City,
that
the
establ ishment of the animal shelter or kennel at the proposed
site is not in violation of the City zoning code,
is a legal
nonconforming zoning status, or a special development permit has
been issued for the intended use.
Section
9. Shelter
or
kennel
license--Health
inspection.
Before an animal shelter, hobby kennel or kennel
license
may
be
issued
by
the
animal
control
authority,
a
certificate of
inspection from the Seattle-King County health
department or King County animal control section must be issued
showing that the animal shelter,
hobby kennel or kennel is in
compliance with Sections (10) through (13) of this ordinance.
Section
10.
Hobby
kennels--License
reauired.
limitations and requirements.
A.
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 without obtaining a valid and
subsisting license therefor.
The fee for such license
shall
be
assessed upon the
owner or keeper of
such
animals and shall be set by King County.
In addition,
each animal shall be individually licensed pursuant to
the provisions of section (3) of this ordinance.
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B.
Limitation on Number Allowed.
The total number of
dogs and cats over four months of age kept by a hobby
kennel shall not exceed the total number authorized by
the animal control authority.
c.
Limitation on Reproduction.
The hobby kennel shall
limit dog and cat reproduction to no more than twelve
offspring per license year.
D.
Limitation on Advertising.
The hobby kennel shall
not have signs, displays or other visual representations
not already permitted in the zone.
E.
Immunization Required.
Each animal in the hobby
kennel shall have current and proper immunization from
disease according to the animal's species and age.
For
dogs,
such shall consist of DHL inoculation for dogs
over three months of age and rabies inoculations for
those over six months of age.
F.
License Issuance and Maintenance.
Only when the
director
is
satisfied
that
the
requirements
of King
County Code
Section
11.04.060(C) (1)
through
(5)
have
been met may a hobby kennel license be issued.
The
license
will
continue
in
full
force
throughout
the
license year unless, at any time, the hobby kennel is
maintained in such a manner as to:
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1.
Exceed the number of dogs and cats allowed at
the hobby kennel by the animal control section; or
2.
Fail to comply with any of the requirements of
King
County Code section 11.04.060(C) (1)
through
(5) .
G.
Compliance.
All hobby kennels shall comply with
the provisions of sections
(10)
through
(13)
of this
ordinance.
Section
11.
Shelter.
kennel
or pet
shop--Reportinq
required. inspections. sanitation and qeneral conditions.
A.
Reporting Required.
Each
animal
shelter,
hobby
kennel, kennel or pet shop shall provide a list of all
dogs
and
cats
auctioned
off,
given
away,
sold
or
otherwise disposed of to the animal control authority
quarterly based upon the calendar year.
The list shall
contain the origin, the age and type of dog or cat, and
the name and address of the person to whom the dog or
cat was given or purveyed.
B.
Inspection.
It shall be the duty of the director
or his agent of the Seattle-King County department of
public health or the animal control authority to make or
cause to be made such inspections as may be necessary to
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insure compl iance wi th Sections
(11)
through
(13)
of
this
ordinance.
The
keeper
owner
of
or
an
animal
shelter, hobby kennel, kennel or pet shop shall admit to
the premises for the purposes of making an inspection,
any
officer,
Seattle-King
agent
employee
or
of
the
County department of health or animal control authority
at any reasonable time that admission is requested.
c.
Sanitation Compliance.
It is unlawful to keep, use
or maintain wi thin the City any animal shelter, hobby
kennel, kennel or pet shop that is unsanitary, nauseous,
foul or offensive, or in any way detrimental to public
health and/or safety and not in compliance with Sections
(10) through (13) of this ordinance.
Violation of this
subsection may be cause for revocation or denial of such
license.
D.
General
Conditions.
Animal
shelters,
hobby
kennels, kennels and pet shops shall meet the following
conditions:
1.
Housing
the
facilities
shall
be
provided
animals and shall be structurally sound, maintained
in
good
repair,
designed
to
protect
them
from
injury, contain the animals and shall restrict the
entrance of other animals.
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2.
Electric
in
shall
be
supplied
power
conformance with City, County and state electrical
codes adequate to supply lighting and heating as
may be required by this ordinance.
Water shall be
supplied at sufficient pressure and quantity to
clean
indoor
and
primary
housing
facilities
enclosures of debris and excreta.
3.
sui table food and bedding shall be provided
and
in
stored
facilities
adequate
to
provide
protection against infestation or contamination by
insects
and
rodents.
Refrigeration
shall
be
provided for the protection of perishable foods.
4.
provision shall be made for the removal and
disposal of animal and food wastes, bedding, dead
animals and debris.
Disposal facilities shall be
maintained in a sanitary condition, free from the
infestation or contamination of insects or rodents
or disease and from obnoxious or foul odors.
5.
Washroom
facilities,
including
sinks
and
toilets,
with
hot
and
cold
wqter,
must
be
conveniently available for cleaning purposes, and a
large
sink or tub
of
provided
for the purpose
washing utensils, equipment and facilities.
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6.
sick animals
from those
shall
be
separated
appearing healthy and normal and if for sale, shall
be removed from display and sale.
sick animals
shall be kept in isolation quarters with adequate
ventilation
to
keep
from
contaminating
well
animals.
7.
There
an
employee on duty at all
shall
be
times
during
hours
is
store
open
whose
any
responsibility shall be the care and welfare of the
animals in that shop or department held for sale or
display.
8.
An employee or owner shall come in to feed,
water and do any necessary cleaning of animals and
birds on days the store or shop is closed.
9.
No
association,
firm
person,
persons,
or
corporation shall knowingly sell a sick or injured
animal or bird.
10.
No
association,
firm
person,
persons,
or
corporation shall misrepresent an animal or bird to
a consumer in any way.
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11.
Adequate care and feeding instructions must be
given to each purchaser of an animal and must be in
writing.
Section
12.
Facilities--Indoors.
Animal
shelters,
hobby kennels, kennels and pet shops which have indoor housing
facilities for animals and birds shall:
A.
Be sufficiently heated or cooled to protect the
animals from temperatures to which they are not normally
acclimatized;
B.
Be adequately 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
changed
three
times
or more
each
hour.
This may be accomplished through the location and
periodic
opening of doors
and windows.
If
fans
or
ventilating
equipment
are
used,
they
shall
be
constructed
in conformance with current
standards
of
good
engineering
practice with
respect
to noise
and
minimization of drafts;
c.
Have sufficient natural or artificial lighting to
permi t routine inspection and cleaning at any time of
day.
In
addition,
sufficient natural
or artificial
lighting shall be supplied
in the area of sinks and
toilets to provide for the hygiene of animal caretakers;
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D
Have
interior
wall,
ceiling
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 originally 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
E.
Contain a drainage system which shall be connected
to a sanitary sewer or septic system which conforms to
the standards of building codes now in force within the
City and shall be designed to rapidly remove water and
excreta in the cleaning of such indoor housing facility
under
any
conditions
of
weather
to
temperature;
provided,
this
requirement
shall
not
apply to hobby
kennels and pet shops.
All indoor housing facilities
for animals,
fish or birds shall be maintained in a
clean and sanitary condition and a safe and effective
disinfectant
shall
be
used
in
the
cleaning
of
such
facilities.
Section l3.
Facilities--Outdoors.
Animal shelters,
hobby
kennels,
kennels
and
pet
shops
which
have
outdoor
facilities for animals and birds shall:
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A.
Be constructed to provide shelter from excessive
sunlight,
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;
B.
Be constructed to provide drainage and to prevent
the accumulation of water, mud, debris, excreta or other
materials
and
shall
be
designed
to
facilitate
the
removal of animal and food wastes; and
C.
Be constructed wi th adequate walls or
fences to
contain the animals therein and to prevent entrances of
other animals.
Section
14.
Groominq
parlors--License
reauired.
conditions.
A.
License Required.
It is unlawful for any person to
keep
or
maintain
any
grooming
parlor
without
first
obtaining a valid and subsisting license therefor.
A
fee to be established by King County shall be assessed
for each such license.
However, if the grooming parlor
is operated as a part of the business of a kennel, or a
pet
shop,
a
separate
fee to be
established by King
County shall be assessed.
Such fee shall be in addition
to the fee established for a kennel or pet shop license.
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B.
Conditions.
Grooming parlors shall:
1.
Not board animals but keep only dogs and cats
for
time
reasonable
in
order
a
to
perform
the
business of grooming;
2.
Provide such restraining straps for a dog or
cat while it is being groomed so that such animal
shall neither fall or be hanged;
3.
sterilize all equipment after each dog or cat
has been groomed;
4.
Not leave animals unattended before a dryer;
5.
Not prescribe a treatment or medicine that is
the province of a licensed veterinarian as provided
in RCW 18.92.010;
6.
Not put more than one animal in each cage;
7.
All floors and walls in rooms, pens and cages
used to retain animals or in areas where animals
are clipped, groomed or treated must be constructed
of water impervious material that can be readily
cleaned, and must be maintained in good repair;
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8.
Hot
and
cold
water
must
be
conveniently
available and a large sink or tub provided (minimum
size
twenty-four
inches
by
eighteen
inches
by
twelve inches);
9.
Toilet and handwashing facilities with hot and
cold running water must be conveniently available
for personnel employed;
10.
Only equipment necessary to the operation of
the licensed establishment shall be kept or stored
on the premises
and
shall
only be
stored
in a
sanitary or orderly manner;
11.
All cages, pens or kennels used for holding
animals
shall
be
kept
in
a
clean
and
sanitary
condition
and
must
be
disinfected
on
a
routine
basis.
Section 15.
Additional rules and requlations.
The
director
of
the
animal
control
authority
is
authorized
to
promulgate
rules
and
regulations
not
in
conflict
with
this
ordinance as they pertain to the conditions and operations of
animal
shelters,
hobby
kennels,
kennels,
pet
shops,
grooming
parlors and guard dog purveyors, trainers and owners.
Such rules
and regulations may be enacted only after public hearing has been
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held
for
such
purpose.
Enforcement
of
these
rules
and
regulations may be appealed to the County board of appeals.
Section 16.
License--Revocation. suspension or refusal
to renew.
The animal control authority may in addition to other
penalties provided in this ordinance, revoke, suspend or refuse
to
renew
any
animal
shelter,
hobby
kennel,
kennel,
grooming
parlor, pet shop, guard dog purveyor, guard dog trainer, license
or guard dog registration upon good cause or for failure to
comply with any provision of this ordinance; provided, however,
the enforcement of such revocation, suspension or refusal shall
be stayed during the pendency of an appeal
Section (26) of this ordinance.
filed pursuant to
Section
17.
License
revocation
or
refusal--Waiting
period.
No applicant shall be issued an animal shelter, hobby
kennel,
kennel,
grooming parlor,
pet shop, guard dog purveyor,
guard dog trainer
license
or guard dog
registration who has
previously had such license suspended or revoked or a renewal
refused, for a period of one year after the date of revocation or
refusal and until such applicant meets the requirements contained
in the provision of this ordinance to the satisfaction of the
animal control authority.
Section 18.
Enforcement power.
A.
The director of the animal control authority and
his
authorized
animal
control
officers
and City
law
enforcement officers are authorized to take such lawful
action as may be required to enforce the provisions of
RPBO18830
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this ordinance and the laws of the state as they pertain
to
animal
cruelty,
shelter,
welfare
and
enforcement
control
B.
The director of animal
control authority or his
authorized
animal
control
officer
and
City
law
enforcement
officers
shall
not
enter
a
building
designated for and used for private purposes,
unless a
proper warrant has first been issued upon a showing that
the officer has reasonable cause to believe an animal is
being maintained in the building in violation of this
ordinance;
provided,
that the director of the animal
control
authority
and
his
authorized
animal
control
officers
and
City
law
enforcement
officers,
while
pursuing any animal observed by the officer to be in
violation of this ordinance, may enter upon any building
designated for and used for private purposes,
for the
purpose of abating the animal violation being pursued or
observed.
C.
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
ordinance.
Further,
no person shall fail to neglect,
after a proper warrant has been presented, to promptly
permit the director or his authorized animal control
RPBO18830
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officer or City law enforcement officer to enter private
property
to
perform
any
duty
imposed
by
this
ordinance.
Any person found guilty of violating this
subsection shall be punished in accordance with Section
(39) of this ordinance.
Section 19.
Violations--Abatement and removal
authority.
A.
Whenever the director or authorized animal control
officer has found an animal maintained in violation of
this
ordinance,
the
director
of
the
animal
control
authority
shall
commence
proceedings
to
cause
the
abatement of each violation, provided that the abatement
and removal procedures of this section shall not apply
to
the
vicious
animal
or
dangerous
dog
removal
procedures contained in this ordinance.
B.
Any
animal
constituting
a
public
nuisance
as
provided in this ordinance shall be abated and removed
from the City by the owner or by the director of the
animal
control
authority,
or
his
authorized
animal
control
officer,
upon
receipt
of
three
notices
and
orders
of
violation
by
the
owner
in
any
one-year
period.
Where it is established by record pursuant to
this ordinance and no finding was entered showing that
the owner will be able to provide reasonable restraints
RPBO18830
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abated.
to
protect
the
public
from
violations,
repeat
the
director of the animal control authority shall notify
and direct the owner of the animal to abate or remove
the same from the City within ninety-six hours from the
date of notice.
If such animal is found to be within
the confines of the City after ninety-six hours have
elapsed
from the da te
of notice,
the
shall
be
same
abated
and
removed by the director of the
a
animal
control
authority.
Animals
removed pursuant
to
the
provisions of this section shall be removed from the
City or be subjected to euthanasia by the animal control
authority.
C.
Any dog or other animal which bites, attacks, or
attempts to bite one or more persons two or more times
within a two-year period is declared to be a public
nuisance and shall not be kept within the City forty-
eight
receiving written notice
hours
after
from the
director,
his
authorized
animal
control
officer.
or
Such
animal
or
animals
in
violation
found
of
this
section
will
impounded
be
disposed
and
of
as
an
unredeemed
animal,
or
and
the
keeper
of
such
owner
animal(s) has no right to redeem such dog or animal.
Section
20. Nuisances
defined--violations
to
be
of this ordinance and shall be defined as follows:
For purposes of this ordinance, nuisances are violations
RPBO18830
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RPBO18830
A.
public
control
nuisance
Any
relating
animal
to
known at common law or in equity jurisprudence;
B.
Any dog running at large within the City;
C.
Any domesticated animal, whether licensed or not,
which runs at large in any park, or enters any public
beach,
fountain or stream therein,
pond,
or upon any
public playground or school ground; provided, however,
that
this
person
from
section
shall
prohibit
not
a
walking or exercising an animal in a public park or on
any public beach when such animal is on a leash, tether
or chain not to exceed eight feet in length.
Provided,
however, that this section shall not apply to any blind
person using a trained seeing-eye dog, to animal shows,
exhibitions or organized dog-training classes where at
least twenty-four hours' advance notice has been given
to
animal
persons
the
authority
control
by
such
requesting to hold such animal
shows,
exhibi tions or
dog-training classes;
D.
Any animal which enters any place where food is
stored, prepared, served or sold to the public, or any
other public building or hall.
Provided, however, that
this section shall not apply to any blind person using a
trained
seeing-eye
dog,
veterinary
to
offices
or
- 26 -
RPBO18830
hospitals, or to animal shows, exhibitions or organized
dog-training classes where at least twenty-four hours'
advance
notice has been given to the animal
control
authority by such persons requesting to hold such animal
shows, exhibitions or dog-training classes;
E.
A female domesticated animal whether licensed or
not,
while
for
in heat,
accessible to other animals
purposes other than controlled and planned breeding;
F.
Any domesticated animal which chases, runs after or
jumps at vehicles using the public streets and alleys;
G.
domesticated
snaps,
animal
Any
which
habitually
growls,
jumps
snarls,
otherwise
threatens
upon
or
persons lawfully using the public sidewalks,
alleys or other public ways;
streets,
H.
Any animal which has exhibited vicious propensities
and which constitutes a danger to the safety of persons
or
property
his
on
his
off
premises
lawfully
or
premises; provided, that in addition to other remedies
and penalties, the provisions of this title relating to
vicious animals and dangerous dogs shall apply;
- 27 -
RPBO18830
I.
vicious
or
A
animal
animal
with
vicious
propensities which runs at large at any time, or such an
animal off the owner's premises not securely leashed on
a line or confined and in the control of a person of
suitable age and discretion to control or restrain such
an animal; provided, however, that, in addition to other
remedies and penalties, the provisions of this ordinance
relating to vicious animals shall apply;
J.
Any domesticated 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;
K.
Any domesticated animal which enters upon another
person's property without the permission of that person;
L.
Animals staked, tethered or kept on public property
without
prior
written
consent
of the
animal
control
authority;
M.
Animals on any public property or not under the
control of the owner or other competent person;
N.
Animals kept, harbored or maintained and known to
have a contagious disease unless under the treatment of
a licensed veterinarian; or
- 28 -
RPBO18830
o.
Animals running in packs.
Section 21.
Impoundinq.
A.
director
The
of
the
animal
control
and
his
authorized
representatives
apprehend
any
animals
may
found doing any of the acts defined as public nuisance
and/or being subject to cruel treatment as defined by
this ordinance.
After such animals are apprehended, the
animal control authority shall return the animal to the
owner
together
of
this
with
notice
violation
of
a
ordinance.
it
is
If
not
reasonably
possible
to
immediately return a currently licensed animal to its
owner,
the animal control
notify the
authority shall
owner
within
or
time
reasonable
by
mail
a
regular
telephone that the animal has been impounded and may be
redeemed.
B.
Holding
animal
Period.
licensed
Any
currently
impounded pursuant to this ordinance shall be held for
the
at
least
hundred
owner
twenty
hours,
after
one
posting of the notification of impoundment by regular
mail
after
telephone
contact
the
impounding
or
by
agency;
other
animal
to this
impounded pursuant
any
ordinance shall be held for its owner at least seventy-
two hours
from the time of
impoundment.
The animal
control authority shall
not sell any animal to research
institutes or licensed dealers for research purposes.
- 29 -
RPBO18830
C. Injured or Diseased Animals. Any animal suffering
from serious injury or disease may be humanely
destroyed, or, in the discretion of the impounding
authority, may be held for a longer period and redeemed
by any person on payment of charges not exceeding those
prescribed in this section.
D.
Animals
redeemed
not
Redeemed.
Any animal
not
shall be treated in one of the following ways:
1.
Made available for adoption at a fee of five
dollars per animal.
(a)
Any person may adopt an animal impounded
pursuant to the provisions contained in this
ordinance when all billable costs, redemption
fees, penalties and boarding costs incurred in
such
impoundment
are
made
payable
to
the
county finance director, which may be accepted
by
animal
the
control
authority
acting
as
agent for the County.
(b)
There shall be a spay/neuter deposit of
twenty-five dollars on all
adopted animals.
All dogs and cats adopted from the King County
- 30 -
animal
shel ter shall
be
spayed
or neutered
within thirty days from the date of adoption,
or the age of six months for females or nine
months for males, whichever comes last.
This
deposit
will
be
returned
to
the
adopting
person
upon
submissions
of
proof
that
the
sterilization
was
performed
within
the
applicable time period.
(c)
The director shall have the authority to
set
administrative
rules
regarding
the
adoption of animals from the county shelters.
2.
Humanely destroyed by euthanasia.
E.
The animal control authority shall not sell any
animals
for
the
purpose
of medical
research
to
any
research institute or any other purchasers.
Section
22. Redemption
procedures.
Any
animal
impounded pursuant to the provisions
of
Section
( 21)
may be
redeemed upon paYment of the redemption fee as provided for in
this section.
The redemption fee for dogs and cats shall be
twenty-five dollars for each dog or cat on the first offense,
forty dollars on the second offense, within one year of the first
offense, and fifty-five dollars on the third offense, within one
year of the first offense.
Owners of impounded licensed dogs or
RPBO18830
- 31 -
cats shall not be charged a redemption fee on the first offense,
but shall be charged on the second offense at the second offense
rate.
An additional fee of five dollars for each twenty-four
hour period, or portion thereof, during which such dog or cat is
retained by the impounding agency shall be made payable to the
county treasurer.
The redemption fee
for livestock shall be
fifty dollars per animal impound incident, plus any hauling or
boarding costs due.
Livestock not redeemed may be sold at public
auction by the impounding agency.
The hauling and boarding costs
for livestock impounded shall be in accordance with the rate
established by contract with the County and the given stockyard
used for holding such animal.
Section 23.
Waiver of fees and penalties.
A.
The director of the animal control authority has
the authority to waive licensing fees,
late licensing
penal ty fees,
and redemption and sheltering fees,
in
whole or in part, when to do so would further the goals
of
the
animal
control
section
and be
in the publ ic
interest.
B.
In determining whether a waiver should apply, the
director of the animal control authority must take into
consideration the following elements:
1.
The reason the animal was impounded;
RPBO18830
- 32 -
2.
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;
3.
The
total
amount
of
the
fees
charged
as
compared with the gravity of the violation;
4.
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 24.
Cruelty violations declared unlawful.
It
is unlawful for any person to:
A.
Wilfully and cruelly injure or kill any animal by
any means causing it fright and pain;
B.
By reason of neglect or intent to cause or allow
any animal to endure pain,
suffering or injury or to
fail or neglect to aid or attempt alleviation of pain,
suffering or injury he has so caused to any animal;
c.
Layout or expose any kind of poison, or to leave
exposed any poison food or drink for man,
animal or
fowl, or any substance or fluid whatsoever, whereon or
wherein there is or shall be deposited or mingled, any
RPBO18830
- 33 -
kind of poison or poisonous or deadly substance or fluid
whatever, on any premises, or in any unenclosed place,
or to aid or abet any person in so doing,
unless in
accordance with RCW 16.52.190; or
D.
Abandon
any
domestic
animal
by dropping off
or
leaving such animal on the street, road or highway, or
in any other public place, or on the private property of
another.
Section 25.
Abatement--Commencement. notice and
order. service standards.
A.
Whenever the director or authorized animal control
officer has found an animal maintained in violation of
this
ordinance,
the
director
of
the
animal
control
authority
shall
commence
proceedings
to
cause
the
abatement of each violation.
B.
The director or authorized animal control officer
shall issue a notice and order directed to the owner or
the
person
presumed
to
be
the
owner
of
the
animal
maintained in violation of this ordinance.
The notice
and order shall contain:
1.
The name and address, if known, of the owner
or person presumed to be the owner of the animal in
violation of this ordinance;
RPBO18830
- 34 -
""'-'_-""""""--'"',"M-_'
RPBO18830
2.
The
license
number,
if
available,
and
description of the animal in violation sufficient
for identification;
3.
A statement that the director or authorized
animal control officer has found the animal
maintained illegally with a brief and concise
description of the conditions, found to render the
animal in violation of this ordinance;
4.
A statement of the action required to be taken
as determined by the director of the animal control
authority:
(a)
If the director has determined the animal
must be abated,
the order shall require the
abatement be completed wi thin a time certain
from the date of the order as determined by
the director to be reasonable;
(b)
If the director of the
animal
control
authori ty has
determined to
a
civil
assess
penalty,
the
order
shall
require
that
the
penalty
shall
be paid wi thin
fourteen days
from the date of the order;
- 35 -
RPBO18830
5. statements advising that if any required
abatement is not commenced within the time
specified, the director of the animal control
authority will proceed to cause abatement and
charge the costs thereof against the owner;
6.
statements advising:
(a)
That a person having a legal interest in
the
animal
and
appeal
from the notice
may
order or any action of the director of the
animal
control
authority
to
the
board
of
appeals;
provided,
the
is
appeal
made
in
writing as provided
in this
ordinance,
and
filed with the director of the animal control
authority within fourteen days from the date
of service of such notice and order; and
(b)
That failure to appeal will constitute a
waiver
right
of
all
to
an
administrative
hearing and determination of the matter.
(c)
The notice and order shall be served on
the owner or presumed owner of the animal in
violation.
- 36 -
(d)
Service of the notice and order shall be
made upon all persons entitled thereto either
personally or by mailing a copy of the notice
and order by certified mail, postage prepaid,
to the person at his last known address, or by
posting the notice and order on the front door
of the living unit of the owner or person with
right to control the animal.
(e)
Proof of service of the notice and order
shall
be
made
at
the
time
of
service
by
written declaration under penalty of perjury
by the person effecting service, declaring the
time,
date and manner in which service was
made.
( f)
The standards of this ordinance shall be
followed by the director of the animal control
authority in determining the existence of an
animal
control violation and in determining
the abatement action required.
Section 26.
Appeal--Authority.
The King County board
of
appeals,
as
established by Article 7
of the King County
Charter,
is designated to hear appeals by parties aggrieved by
actions of the director of the animal control authority pursuant
RPBO18830
- 37 -
,,-,. "'--'"
------,
to this ordinance.
All decisions and findings of the board shall
be rendered to the appellant with a copy to the director of the
animal control authority.
Section
27.
Appeal--Form.
Any person
entitled
to
service or notice under Section (25) of this ordinance may appeal
from any notice and order or any action of the director of the
animal control authority under this ordinance by filing at the
office of the director of the animal control authority within
fourteen days from the date of the service of such order a
written appeal containing:
A.
A
heading
in
the
words:
"Before
the
Board
of
Appeals of the County of King".
B.
A caption reading: "Appeal of
"
giving the names of all appellants participating in the
appeal;
C.
A brief statement setting forth the legal interest
of each of the appellants in the animal involved in the
notice and order;
D.
A
brief
statement
in
concise
language
of
the
specific order or action protested,
together with any
material facts claimed to support the contentions of the
appellant;
RPBO18830
- 38 -
".- --, ._"-~._--
E.
A brief statement in concise language of the relief
sought, and the reasons why it is claimed the protested
order
or
action
should
be
reversed,
modified
or
otherwise set aside;
F.
The signatures of all parties names as appellants,
and their official mailing addresses; and
G.
The verification (by declaration under penalty of
perjury)
of at least one appellant as to the truth of
the matters stated in the appeal.
Section 28.
Appeal--Scheduling.
The board of appeals
shall set a time and place, not more than thirty days from such
notice of appeal for hearing thereon.
Written notice of the time
and place of hearing shall be given at least ten days prior to
the date of the hearing to each appellant by the manager-clerk of
the board.
Section 29.
Appeal--Appellant action.
At the hearing
the
appellant
shall
be
enti tled to appear
in person
and be
represented by
counsel
and offer such evidence pertinent and
material to the action of the director of the animal control
authority.
Only those matters or issues specifically raised by
the
appellant
in
the
written
notice
of
appeal
shall
be
considered.
Section 30.
Failure to file.
Failure of any person
to
file
an
appeal
in
accordance
with
this
ordinance
shall
constitute a waiver of the right to an administrative hearing.
RPBO18830
- 39 -
Section 31.
Stay of enforcement.
Enforcement of any
notice and order of the director of the animal control authority
issued under this ordinance shall be stayed during the pending of
an appeal except impoundment of an animal which is (a) vicious or
dangerous, or (b) cruelly treated.
Section 32.
Nuisances.
A.
vicious
Animals.
An
animal,
declared
by
the
director to be vicious pursuant to the definition in
this ordinance, may be kept, harbored or maintained in
the City only upon compliance with those requirements
prescribed by the director.
1.
In
prescribing
those
requirements,
the
director must take into consideration the following
factors:
(a)
The
breed
of
the
animal
and
its
characteristics;
(b)
The physical size of the animal;
(c)
The
number
of
animals
in
the
owner's
home;
(d)
The
zoning
involved;
size
of
the
lot
where
the
animal
resides;
the
number
and
roximity of neighbors;
RPBO18830
- 40 -
RPBO18830
(e)
The existing control factors,
including
but not limited to, fencing, caging, runs and
staking locations;
( f)
The nature of the behavior giving rise to
the director's determination that the animal
is vicious:
(i)
Extent of the
injury(ies),
(ii)
Circumstances, e.g., time of day,
on/off property, provocation instinct,
(iii)
Circumstances
surrounding
the
result and complaint, e.g., neighborhood
disputes,
identification, credibility of
complainants and witnesses.
2.
Requirements which may be prescribed include,
but are not limited to the following:
(a)
Erection
or new
fencing
additional
of
adequate
to
keep
animal
the
within
the
confines of its property;
- 41 -
RPBO18830
(b)
Construction of a run within which the
will
animal is to be kept.
Dimensions of the run
animal;
(c)
be
consistent
with
size
the
of
the
Keeping the animal on a leash adequate to
be
control the animal, the length and location to
determined
When
by
director.
the
unattended the leash must be securely fastened
to a secure object;
(d)
Maintenance of the animal indoors at all
times, except when personally controlled on a
leash adequate to control the animal by the
owner or a competent person at least fifteen
years of age;
(e)
Removal
animal
the
City
of
the
from
wi thin forty-eight hours from the receipt of
such notice.
B.
Penalty.
prescribed by
Failure to comply with any requirement
the director pursuant to this
section
constitutes a misdemeanor and the penalty contained in
Section (39) shall apply.
The animal shall not be kept
- 42 -
in the city forty-eight hours after receiving written
notice from the director.
The animal or animals found
in violation
of
this
section will
be
impounded
and
disposed of as an unredeemed animal, and the owner or
keeper of such animal (s)
has no right to redeem such
animal(s).
Section 33.
Danqerous doqs--Reqistration.
prohibitions.
RPBO18830
A.
It is unlawful for an owner to have a dangerous dog
in the City without a "Certificate of Registration" as
required by RCW 16.08.
B.
It is unlawful for an owner of a dangerous dog to
permit the dog to be outside the "proper enclosure" as
defined in RCW 16.08,
unless the dog is muzzled and
restrained by a substantial chain or leash and under
physical restraint of a responsible person.
The muzzle
shall be made in a manner that will not cause injury to
the dog or interfere with its vision or respiration but
shall prevent it from biting any person or animal.
The
owner of a dangerous dog shall further be required to
post the premises with a clearly visible warning sign
that
is a dangerous dog on the property.
there
In
addition, the owner shall conspicuously display a sign
with
warning
symbol
informs
a
that
children
of
the
presence of a dangerous dog.
- 43 -
RPBO18830
C.
Any dog shall be
immediately confiscated by the
animal control authority if (1) the dog is not validly
registered
under
RCW 16.08;
(2)
the
does
not
owner
secure
the
liability
by
insurance
required
coverage
RCW 16.08;
(3) the dog is not maintained in the proper
enclosure; or (4) the dog is outside of the dwelling of
the owner or outside of the property enclosure and not
under physical restraint of the responsible person.
Any
dangerous dog confiscated under this section will be
disposed of as an unredeemed animal and the owner has no
right to redeem such dog.
In addition, the owner shall
be
guilty
in
of
misdemeanor
punishable
a
gross
accordance with RCW 9A.20.021.
Section 34.
Rabies control.
A.
Quarantine Order.
Whenever the director of the
Seattle-King
County
Department
Public
of
Health,
hereinafter referred to in this section as the director,
has
to
suspect
that
animal
cause
capable
of
an
transmi tting rabies is infected with such disease,
he
shall order a period of quarantine of not less than ten
days.
The director shall notify in writing the owner or
keeper
infected
of
the
animal
of
such
quarantine
order.
The infected animal shall be quarantined by the
animal
control
authority
in
its shelter or upon the
premises of the owner or licensed veterinarian where
- 44 -
RPBO18830
conditions of quarantine are strictly kept.
The place
of
quarantine
shall
be
at
discretion
the
of
the
director, unless the animal had been exposed to rabies
by contact,
in which case subsection (d)
shall apply.
Delivery of a copy of said quarantine order to some
person of suitable age and discretion residing upon the
premises where such animal is found shall be notice of
said
quarantine.
Good
for
such
cause
order
of
quarantine
shall
include,
is
but
limited
not
to,
evidence that such animal has bitten, or that there is
reasonable
certainty
that
animal
such
has bitten,
a
human
being.
During
period
the
of
quarantine,
the
officers,
agents and employees of the animal control
authority, and the other police officers, are authorized
to enter any premises for the purpose of apprehending
any such animal and impounding same, except where kept
upon the premises of the owner or licensed veterinarian
as above provided.
B.
Notice
Period.
Rabies
of
Hazard
Quarantine
Whenever
said
director
determines
that
rabies
is
currently a hazard to the public health in the City by
reason
of
case
the
fact
that a
rabies
of
has
been
diagnosed in any canine or feline animal, he shall cause
a notice of such hazard to be published in a newspaper
of general circulation in the area for three successive
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RPBO18830
days, which determination and notice shall declare the
quarantine period and area.
The quarantine period shall
be thirty days after the last publication of notice; and
it is a misdemeanor and is unlawful for any owner, or
person enti tled to custody of such animal to keep or
harbor any animal capable of transmitting rabies unless
securely confined by a leash or tight enclosure from
which
it
cannot
animal
Any
escape.
capable
of
transmitting rabies found running at large during such
period
shall
impounded
be
and humanely destroyed by
order of the director or his designee.
If apprehension
and
impounding
such
by
safe
is
possible,
not
means
animal may be destroyed summarily.
Said director may
extend any such quarantine period if deemed necessary by
like additional determinations and notices.
c.
Violation of Quarantine.
It is unlawful for any
owner or person charged with the custody of any animal
subject
to
quarantine
defined
in
this
a
Section
to
permit any such animal to come in contact with any other
animal or person or to run at large or to be removed
from any quarantine premises without the consent of the
director of Public Health.
D.
Destruction of Infected Animals.
Any animal bitten
by an animal found to be rabid by appropriate laboratory
- 46 -
tests shall be destroyed by order of the director of
Public Health.
E.
Vaccination Order.
Whenever the director of Public
Heal th by order publ ished
in a newspaper of general
circulation in the area for three successive days
determines that conditions exist as indicated in
subsection (B) in a specified area wherein it is
necessary for the protection of the public health that
animals
capable
of transmitting rabies
be vaccinated
wi thin thirty days with antirabies vaccine,
he shall
order that all
such animals
four months old or over
shall
be
so vaccinated or humanely destroyed at the
option of the owner or keeper, and it is a misdemeanor
and is unlawful for any owner, or person charged with
the custody of such animal, to fail or refuse to procure
said vaccination within said time.
F.
Enforcement.
The
director
of
the
Seattle-King
County. Department
of
Public
Health
is
authorized to
enforce the provisions of this ordinance and any rules
and regulations promulgated thereunder pursuant to the
enforcement and penalty provisions of King County Code,
Title 23.
Section 35.
Fowl and Rabbits.
It is unlawful for any
person,
firm or corporation to sell, offer for sale, barter or
RPBO18830
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give away any fowl under three weeks of age or any rabbit under
two months of age as a pet, toy, premium or novelty, or to color,
dye, stain or otherwise change the natural color of any such fowl
or rabbit.
Section 36.
Livestock.
It is unlawful for any person
to permit any livestock as defined in King County Code Section
21.040.186 to run at large.
Section 37.
Exotic animals.
The provisions of King
County Code Chapter 11.28, including all future amendments, are
hereby
adopted by reference as
if set forth
in full herein;
provided
that
such
provisions
shall
apply
to
any
acts
or
omissions which occur in the City of Federal Way.
Section
38.
Guard
dogs.
The
provisions
of
King
County Code Chapter 11.32,
including all future amendments, are
hereby adopted by reference as if set forth in full; provided
that such provisions shall apply to all acts and omissions which
occur in the City of Federal Way.
Section
39.
criminal
penalty.
Unless
otherwise
provided,
any
person
who
violates
the
provisions
of
this
ordinance, and provisions of RCW Ch. 16.08, shall be guilty of a
misdemeanor,
punishable by a maximum fine of $1,000.00 and/or
imprisonment for a term not to exceed ninety (90) days.
Section 40.
civil penalty.
In addition to any other
penalty in this ordinance or by law, any person whose animal is
in violation of this ordinance shall incur a civil penalty in an
amount not to exceed two hundred fifty dollars per violation to
RPBO18830
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be directly assessed by the director, plus actual costs incurred
by the animal control authority.
The director, in a reasonable
manner, may vary the amount of the penalty to the nature and type
of violation; 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 ordinance.
Section 41.
Personal obliqations.
The civil penalty
and the cost of abatement are also personal obligations of the
animal
owner.
The
City Attorney on behalf
of the City or
prosecuting attorney on behalf of King County may collect the
civil
penalty
and
the
abatement
work .costs
by
use
of
all
appropriate legal remedies.
Section 42.
Costs of enforcement action.
In addition
to
costs
and
disbursements
provided
for
by
statute,
the
prevailing party in a collection action under this ordinance may,
in the court's discretion,
be allowed interest and reasonable
attorneys'
fees on behalf of the City or King County when the
City or the County is the prevailing party.
Section
43.
Additional
enforcement.
Notwithstanding
the existence or use of any other remedy, the director of the
animal control authority may seek legal or equitable relief to
enj oin any acts or practices and abate any conditions which
constitute a violation of this ordinance or other regulations
herein adopted.
RPBO18830
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Section 44.
Contract with County.
The city Manager
is authorized and empowered to execute a contract or contracts
with King County to collect license and other fees and costs and
to enforce the provisions of this ordinance on behalf of the
city.
Section 45.
Severability.
If any section, sentence,
clause or phrase of this ordinance should be held to be invalid
or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity
or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
Section 46.
Effective date.
This ordinance shall be
effective as of the date of incorporation, February 28,
1990,
which is more than five (5) days after publication of an approved
summary consisting of the title to this ordinance.
PASSED by the City Council of the City of Federal Way
this
13th
day of
February, 1990.
CITY OF FEDERAL WAY
f) Þk~ ~frß
MAYOR, DEBRA ERTEL
ATTEST/AUTHENTICATED:
~tW tl ~,ä!L
CITY CLERK, DELORES, MEAD
APPROVED AS TO FORM:
OFFIC F THE CITY ATTORNEY:
zþ uJ ðLL-
BY
RPBO18830
- 50 -
FILED WITH THE CITY CLERK: 2/1/90
PASSED BY THE CITY COUNCIL: 2/13/90
PUBLISHED: 2/16/90
EFFECTIVE DATE: February 28, 1990
ORDINANCE NO. 90-30
RPB018830
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It
Il~ 71)-11 ~
~.
1
ANIMAL CONTROL INTERLOCAL AGREEMENT
This AGREEMENT, entered into this S~
day of
F~
, 197/, between KING COUNTY, State of Washington,
hereinafter referred to as the "COUNTY," and the municipal
corporation of Federal Way, hereinafter referred to as the
"City."
WITNESSETH:
WHEREAS, the City, pursuant to RCW 39.34.010, 39.34.080, and
City Ordinance Resolution No. 90-30 , is
authorized to and desirous of contracting with the County for the
performance of Animal Control Services~ and,
WHEREAS, the County is authorized by Section 120 of the King
County Charter and King County Code 11.02.030 to render such
services and is agreeable to rendering such services on the terms
and conditions hereinafter set forth and in consideration of
payments, mutual covenants and agreements herein contained.
IT IS, THEREFORE, convenanted and agreed as follows:
1. Obligations: In consideration of the promise of the
City and payment of the sum hereinafter set forth, the County
promises to:
A. Perform consistent with available resources all ser-
vices relating to licensing and enforcement of City
ordinances pertaining to Animal Control as set forth
in City Ordinance No. 90-30
B. Provide a level of service which is the same as that
provided to unincorporated areas of the County~
C. Furnish licenses and application forms for said
licenses to the City for sale to the public at the
City Hall~
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ORIGINAL
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1 D. Except as set forth in section 7.A below, services
2 to be provided by the County pursuant to this
3 agreement do not include legal services, which shall
4 be provided by the City at its own expense.
5 In consideration of the promises of the County hereinbefore
6 set forth, the City promises to:
7 E. Enact an ordinance or resolution which is
8 substantially similar to Title 11 King County Code
9 as now or hereafter amended. For the purpose of
10 this subsection, "substantially similar" shall be
11 defined to include, at a minimum, identical license,
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late penalty and impound/redemption/sheltering fees
with those provided in Title 11 King County Code~
F. Delegate to the County the following:
(1) The power to determine eligibility for licenses
issued under the terms of the City ordinance,
subject to the conditions set forth in said
ordinance and subject to the review power of
the King County Board of Appeals~
(2) The power to enforce terms of the City
ordinance, including the power to deny,
suspend or revoke licenses issued thereunder,
and subject to the review power of the King
County Board of Appeals.
G. Nothing in this agreement is intended to divest the
City of authority to issue notices of violation and
court citations for alleged violations of City ordi-
nances. The authority to issue notices of viola-
tions and court citations may be exercised by either
the County or the City.
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.
.
2. Compensation and Method of Payment: The City shall
reimburse the County for the services as delineated in this
contract in the following manner:
A. The County shall receive all fines and fees
collected by the County pursuant to the licensing of
dogs, cats, kennels, hobby kennels, pet shops, animal
shelters, and grooming parlors, if applicable,
subject to the following rebate provisions:
(1) $1.00 for each dog license sold at the City
Hall shall be rebated to the City~
(2) $.75 for each cat license sold at the City Hall
shall be rebated to the City~
B. The County shall receive all impound and redemption
fees charged against animals.
3. Time of Performance: This agreement shall be
effective on the 1st day of January , 1991, and
terminate on the 31st day of December , 1993. It is
further agreed that should both parties desire to continue this
agreement after the termination date, this contract may be
renewed for a period of one year on the same terms and
conditions, upon the giving of written notice by either party to
the other not less than thirty (30) days before the expiration of
this agreement~ Provided, however, that the County reserves the
right to increase fees or modify the rebate provisions of Section
2. A. of this agreement.
4. Modifications: The parties agree that this
agreement is the complete expression of the terms hereto and any
oral representation or understanding not incorporated herein is
excluded. The parties reserve the right to modify this
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.
.
agreement. Any modification of this agreement shall be in
writing, signed by both parties, and affixed to this original
agreement.
5. Termination: This agreement may be terminated
without cause only after 90 days written notice received by one
party given by the other. Failure to comply with any of the
provisions stated herein shall constitute material breach of
contract and cause for immediate termination upon notice received
by one party given by the other. Any termination of this
agreement shall not terminate any obligation of either party
incurred prior to such termination, nor shall it affect the vali-
dity of any license issued pursuant to the City ordinance.
6. Mutual Covenants: Both parties understand and agree
that the County is acting hereunder as an independent contractor,
with the intended following results:
A. Control of personnel, standards of performance,
discipline, and all other aspects of
performance shall be governed entirely by the
County~
B. All persons rendering service hereunder shall
be for all purposes employees of the County,
although they may from time to time act as
commissioned officers of the City~
C. The contact person for the City regarding
citizen complaints, service requests and
general information on animal control services
is the Chief of King County Animal Control~
D. In the event of a dispute between the parties
as to the extent of the service to be rendered
hereunder, or the minimum level or manner of
-4-
e .
1 performances of such service, the determination
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of the Director of the King County Department of
Executive Administration shall be final and
conclusive in all respects between the parties
hereto.
7. Indemnification: A. The County shall indemnify and
hold harmless the City and its officers, agents, and employees,
or any of them, from any and all claims, actions, suits,
liability, loss, costs, expenses, and damages of any nature
whatsoever, by reason of or arising out of any negligent action
or omission of the County, its officers, agents, and employees,
or any of them, in performing services pursuant to this
agreement.
In the event that any suit based upon such a claim,
action, loss, or damage is brought against the City, the County
shall defend the same at its sole cost and expense~ provided,
that, the City retains the right to participate in said suit if
any principle of governmental or public law is involved~ and if
final judgment be rendered against the city and its officers,
agents, and employees, or any of them, or jointly against the
City and the County and their respective officers, agents, and
employees, or any of them, the County shall satisfy the same.
B. The City shall indemnify and hold harmless the
County and its officers, agents, and employees, or any of them,
from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by reason of or
arising out of any negligent act or omission of the City, its
officers, agents, and employees, or any of them.
In the event that any suit based upon such a claim,
action, loss, or damage is brought against the County, the City
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l
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shall defend the same at its sole cost and expense~ provided that
the County retains the right to participate in said suit if any
principle of governmental or public laws is involved~ and if
final judgment be rendered against the County, and its officers,
agents, and employees, or any of them, or jointly against the
County and the City and their respective officers, agents, and
employees, or any of them, the City shall satisfy the same.
C. In executing this agreement, the County does not
assume liability or responsibility for or in any way release the
City from any liability or responsibility which arises in whole
or in part from the existence or effect of city ordinances, rules
or regulations. If any cause, claim, suit, action or administra-
tive proceeding is commenced in which the enforceability and/or
validity of any such City ordinance, rule or regulation is at
issue, the City shall defend the same at its sole expense and if
judgment is entered or damages are awarded against the City, the
County, or both, the City shall satisfy the same, including all
chargeable costs and attorney's fees.
8. Audits and Inspection: The records and documents
with respect to all matters covered by this contract shall be
subject to inspection, review or audit by the County or City
during the term of this contract and six (6) years after
termination hereof.
9. Non-Discrimination: The County certifies that it is
an Equal Opportunity Employer and has developed and implemented
an Affirmative Action Program in accordance with the guidelines
in Revised Order 4 of the United State Department of Labor.
-6-
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.
1
.
IN WITNESS WHEREOF, the parties hereto have caused this
2
written.
Agreement to be executed the day and year first herein above
3
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KING COUNTY
BY ~~~ FOO
cou($ Exec ive
JESUS SANCHEZ ~or~
KiNG COUNTY EXECUTIVE
7
8
9
ATTE~FOR:
Director
Department of Executive Administration
~~;~
Deputy Prosecuting Attorney
CO.AC.SEA6(-6) (ABI)
-7-
CITY OF FEDERAL WAY
BY~
C' Y an ger
"'.1 ~
1
.
(!/J6-- 96- ICf
.
>
ANIMAL CONTROL INTERLOCAL AGREEMENT
This AGREEMENT, entered into this
J7
day of
2 ~ty~\Q(J ' 19 10, between KING COUNTY, State of Washington,
3 hereinafter referred to as the "COUNTY," and the municipal
4 corporation of FEDERAL WAY, hereinafter referred to as the "City."
5 WITNESSETH:
7
6 WHEREAS, the City, pursuant to RCW 39.34.010, 39.34.080, and
, is authorized to and
City of Federal Way Resolution No.
8 desirous of contracting with the County for the performance of
9 Animal Control Services; and,
10 WHEREAS, the County is authorized by Section 120 of the King
11 County Charter and King County Code 11.02.030 to render such
12 services and is agreeable to rendering such services on the terms
13 and conditions hereinafter set forth and in consideration of
14 payments, mutual covenants and agreements herein contained.,
16
15 IT IS, THEREFORE, convenanted and agreed as follows:
1. Obligations: In consideration of the promise of the
17 City and payment of the sum hereinafter set forth, the County
19
18 promises to:
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A. Perform consistent with available resources all ser-
vices relating to licensing and enforcement of City
ordinances pertaining to Animal Control as set forth
in Federal Way Ordinance No 9 () '-30.
B. Provide a level of service which is the same as that
provided to unincorporated areas of the County~
C. Furnish licenses and application forms for said
licenses to the City for sale to the public at the
City Hall;
D. Except as set forth in section 7A. below, services
to be provided by the County pursuant to this
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ORIGINAL
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.
.
agreement do not include legal services, which shall
be provided by the City at its own expense.
In consideration of the promises of the County hereinbefore
set forth, the City promises to:
E. Enact an ordinance or resolution which is
substantially similar to Title 11 King County Code
as now or hereafter amended. For the purpose of
this subsection, flsubstantially similar" shall be
defined to include, at a minimum, identical license,
late penalty and impound/redemption/sheltering fees
with those provided in Title II King County Code;
F. Delegate to the County the following:
(1) The power to determine eligibility for licenses
issued under the terms of the City ordinance,
subject to the conditions set forth in said
ordinance and subject to the review power of
the King County Board of Appeals;
(2) The power to enforce terms of the City
ordinance, including the power to deny,
suspend or revoke licenses issued thereunder,
and subject to the review power of the King
County Board of Appeals.
G. Nothing in this agreement is intended to divest the
City of authority to issue notices of violation and
court citations for alleged violations of City ordi-
nances. The authority to issue notices of viola-
tions and court citations may be exercised by either
the County or the City.
2. Compensation and Method of Payment: The City shall
reimburse the County for the services as delineated in this
contract in the following manner:
A. The County shall receive all fines and fees
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collected by the County pursuant to the licensing of
dogs, cats, kennels, hobby kennels, pet shops, anima
shelters, and grooming parlors subject to the
following rebate provisions:
(1) $1.00 for each dog license sold at the City
Hall shall be rebated to the City;
(2) $.75 for each cat license sold at the City Hall
shall be rebated to the City;
B. The County shall receive all impound and redemption
fees charged against animals.
3. Time of Performance: This agreement shall be
effective on the 28th day of February , 1990, and
terminate on the 31st day of December , 1990. It is
further agreed that should both parties desire to continue this
agreement after the termination date, this contract may be
renewed for a period of one year on the same terms and
conditions, upon the giving of written notice by either party to
the other not less than thirty (30) days before the expiration of
this agreement; Provided, however, that the County reserves the
right to increase fees or modify the rebate provisions of Section
2. A. of this agreement.
4. Modifications: The parties agree that this
agreement is the complete expression of the terms hereto and any
oral representation or understanding not incorporated herein is
excluded. The parties reserve the right to modify this
agreement. Any modification of this agreement shall be in
writing, signed by both parties, and affixed to this original
agreement.
5. Termination: This agreement may be terminated
without cause only after 30 days written notice received by one
party given by the other. Failure to comply with any of the
provisions stated herein shall constitute material breach of
contract and cause for immediate termination upon notice received
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.
.
by one party given to the other. Any termination of this
agreement shall not terminate any obligation of either party
incurred prior to such termination, nor shall it affect the vali-
dity of any license issued pursuant to the City ordinance.
6. Mutual Covenants: Both parties understand and agree
that the County is acting hereunder as an independent contractor,
with the intended following results:
A. Control of personnel, standards of performance,
discipline, and all other aspects of
performance shall be governed entirely by the
County~
B. All persons rendering service hereunder shall
be for all purposes employees of the County,
although they may from time to time act as
commissioned officers of the City;
C. The contact person for the City regarding
citizen complaints, service requests and
general information on animal control services
is the Chief of King County Animal Control;
D. In the event of a dispute between the parties
as to the extent of the service to be rendered
hereunder, or the minimum level or manner of
performances of such service, the determination
of the Director of the King County Department of
Executive Administration shall be final and
conclusive in all respects between the parties
hereto.
7. Indemnification: A. The County shall indemnify and
hold harmless the City and its officers, agents, and employees,
or any of them, from any and all claims, actions, suits,
liability, loss, costs, expenses, and damages of any nature
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whatsoever, by reason of or arising out of any negligent action
or omission of the County, its officers, agents, and employees,
or any of them, in performing services pursuant to this
agreement.
In the event that any suit based upon such a claim,
action, loss, or damage is brought against the City, the County
shall defend the same at its sole cost and expense; provided,
that, the City retains the right to participate in said suit if
any principle of governmental or public law is involved; and if
final judgment be rendered against the city and its officers,
agents, and employees, or any of them, or jointly against the
City and the County and their respective officers, agents, and
employees, or any of them, the County shall satisfy the same.
B. The City shall indemnify and hold harmless the
County and its officers, agents, and employees, or any of them,
from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by reason of or
arising out of any negligent act or omission of the City, its
officers, agents, and employees, or any of them.
In the event that any suit based upon such a claim,
action, loss, or damage is brought against the County, the City
shall defend the same at its sole cost and expense; provided that
the County retains the right to participate in said suit if any
principle of governmental or public laws is involved; and if
final judgment be rendered against the County, and its officers,
agents, and employees, or any of them, or jointly against the
County and the City and their respective officers, agents, and
employees, or any of them, the City shall satisfy the same.
C. In executing this agreement, the County does not
assume liability or responsibility for or in any way release the
City from any liability or responsibility which arises in whole
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1 or inpart from the existence or effect of city ordiances, rules
2 or regulations. If any cause, claim, suit, action or administra-
3 tive proceeding is commenced in which the enforceability and/or
4 validity of any such City ordinance, rule or regulation is at
5 issue, the City shall defend the same at its sole expense and if
6 judgment is entered or damages are awarded against the City, the
7 County, or both, the City shall satisfy the same, including all
8 chargeable costs and attorney's fees.
9
8. Audits and Inspection: The records and documents
10 with respect to all matters covered by this contract shall be
11 subject to inspection, review or audit by the County or City
12 during the term of this contract and six (6) years after
13 termination hereof.
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9. Non-Discrimination: The County certifies that it is
an Equal Opportunity Employer and has developed and implemented
an Affirmative Action Program in accordance with the guidelines
in Revised Order 4 of the united State Department of Labor.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first herein above
written.
KIN~~UN~Y ,
BY~~
County Executive
CITY OF FEDERAL WAY
BY ~ (;/fit
City Manag
ATTEST:
Director
Department of Executive Administration
~~.,
Attorney
COACFEDl(CO.3)
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