Ord 92-153�
ORDINANCE NO 92-15
�
AN ORDINANCE OF THE CITY COUNCIL OF TI� CITY UF FEDERAL
WAY, WASHINGTON, ADOPTING ANIMAL CONTROI. REGULATIONS,
AMENDING ORDINANCE NO. 90-30, CONTAII�TING A SEVERABILITY
CLAUSE AND SETTING AN EFFECTIVE DATE.
VVIHEREAS, tbe Federa, Way City C� fi� tt�t this ordinance is in t�e
i�rest of the publi�c health, safety and welfare, now, therefore,
THE CITY COUNGII. 4F THE CITY OF FEDERA�L WAY, WASHINGZ�UI�T,
DO aRDAII�t AS FOI.IJOWS:
��L � It � decla�ted the publi� pal�y c�f' tbe 4it3r �o
s�cure an�d ms�ntain �►1�ve�s of aaimal c�trol as will prot� h�asu� l�calth a�ci �t�r, a�ad
to the greatest de8� P��� Prevent injury to property a�d c�uelty to a�ai li€d. It �
therefore the purpose of this ordinance to provide a meana of licensing dogs aaci cats, animal
shelt�rrs, hobby k�nc�els, kex��els and pet shops �nd t4 control errant �imal b�hhavior �o that it
shall not become � public nuisance, and to prevent c�ru�lty to animals.
��,,,�, pefinitions. In constiving t1�e provisions of this urdinanoe,
except wheae othervvisc glainly declazed or c1eaz1Y aPparent from tht c�ext, vWO�ds used in this
ordinance shall be given the�ir oommon atld ordinary meanir►gs. In �dditioa, tbe followiug
ae�a� �u �iy:
a. •��cN � c� c�� ��y ��� by n�o�e �a
lawful meana determined by the director of the animal c�ntrol �uttwrity in ord�r d�t a per�o�►
or a person presumed to be the owner shall comply with this ordinancx.
B. "Animal" means any living creature czcep� h�masapi�s, insects and
worms.
� C. "Animal Ccuitrol Aathority" �eans t�e King �Eounty Aaimal �Co�rol
Division, Department of Ge�ral Services, acting alone or ia �rt with other mu�icip�alities
for enforcement of the animal contral laws of the county and the shelte,r and w►eafare of animals•
D. "Animal Ccuitrol OfficGr" means �ny individual �anployed, a�a�ted a�
appointed by the animal c�nntrol authority for the purpose of aiding in the eAf�ment of this
ordinance or any other law o� ordinance relating to the impou�m�t of a�nimals, And iacludes
any state or municipal peace officer, sheriff, constable or othe�r employee wbose duties in whok
or in part include assigr►ments which involve the seizure and �g into custody of aay a�imal.
ORIGINAL
� �
� "Anim�i Re�.^uer" means ��y ir�dividLal who ro�tinely ob a�ns � tLnwat►ted
do¢ or �t �n_d who lo�atPs �.:thin 90 day �n ad g�tive home for that �ye� or nettP� doe or
��vro�:de� hoNever an interim administrative extension may be granted bv the animal
��ntrol aLtho�y for a maximLm of 6 month¢ if a do�.or cat is p�g ri�nt , nLrsing, or i�iL*?� and
that condition L verified by a veterinarian.
� "Catterv" means a place where four or more a�iuit cats are k�ot. whether
]?y owners of the cats or by�nersons vidi faciliti�Q an c�. w e er or not or
�i��ti bLt not in�lLdir�g �mall dnim�i hosui ' 1 ,� ini or net �h on�, ���t r.�t is onp
of ei�er �x �1tPred or �nattPred,, that haa reached tihe ag� of Q�x_ montt�.
�"Dangerous dog" n►eans any dog that accord'uig to the �c�o�ds of the
aPP�F� ��►�, Ea} ha� inflicted severe injury on a human being without p�voc�o�n oa
public a� private P�P�Y� (b) has lrilled a doinestic animal wittwut prcwocat�o� whild off tL�e
own�r's property, ar (c) has been previpusly found to be potentially dangera�s, tbe owwer
having received notice of siub and the dog again aggressively bitsa, atack�, or a�x� t�e
safety of hwnans or domestic animals; provided, however, that an animal shall not be co�xisu�ered
a"dangesovs dog" if the threat, injury, � dama,ge was �ustaitled by a person wl�o, at the time,
was committing a willful �ass or ott►er tort upon the premises occupied by the owaer c� tbe
dog, or wass to�nn�tin8, abusing, or assaulting the dog or haa ia the past been ubse�+ed a�
re�orted to have tormented, abused cu assaulted the dog ar was committing a� atte� tu
ca�ommit a crim�e.
�:�; Mno�a�a� �N � r�a�� ����y �,
c�i, rabbit, horse, mule, ass, bovine animal, lamb, gaat, sheep or hog, or otl�er animal ma�de
t4 be domesti�.
6:�,, "Eutt�aaasia" �eana the humane d�structicui of an aaim�l, at�u�plisl�cd
by a m�od that involves instantaneou� uaconsciousness aad immediate de�ath, cx by a �uthod
that caus�s pairiless losa of and death during �uch lass of .
�:L. �G'r��8 ��" � �Y P18Lx or establishme�t� publiC �
private, w�e animals ue bathed, clipped or combed fo� the
�p,� pg �g ��g�� �� anri/or h,ealtih and for which a fee i4 ch� �„ed.
�:K.. "�rint� �P�B � maintaining a dog o� c;at' means pe�f�aainS �Y
of the acta o€ pmviding care, shelter, protection, refugo, food o� nourishn►ent � su� maaae�
as to control the a�imal's actio�►s, o�r, that the animal(s) is treated as living at o�ne'a �e b�r the
homeowt�Gr.
�_� �1tY � P " means a nonc:Qmmercial� a �* i��'�m'n,� s ffiivate
ra;u�;.cx where foL or more a�Llt cats �*� ared or ke�t for e�hibition for or��n»� ahows or
fo� the en1Q m n o��ecies rovid , however a combir�?tion hobby catt�v/kennel license
mas+ b� issLeu Nher� the t�t�1 nLmber of c�ts �n_d doQS �x_cxeds the n�mber �1lowed in Section
2
�
�
�
�� "Hobby k�uiel" me�ans a noncommercial kenr�el at or adjoi�ing a private
residencae wl�e four or more adult dogs er� are bred a� lre� for hunting, tr�ining aud
exhibition for organized shows, f�eld, worldng and/or olbedie�u� triala, or for enjoyment of the
species: „F�ed, however a c�mbination hob bv catte /kennel license may� ere
the total nLmber of crts �nd dogs exc�Q the n�mber �1_owed in Section 13.
- \ �1. llyt' .� ��• � r: • : ►'� � 1� : l=J 1. � ��a � :�.
� . !1�! ! �-
�;�, ��� �s a pLa�e whea+� four o� ��ore a�dult do�s e��
.. ara kept, wheth�x bg owners of the dogs � o� by pers�t p�+ovidiug
facilities and care, whether or not for compensatioa, but not including a small animal h�o�tal
a clinidc or pet shop. An adult dog e�-ee� is one of either sea, altered or unaltered, that �
reacx►ed ttre age of €e� � n�anths.
::a , 1� - : -
: :.•...- r -.� : ;; ...�: ..: � l � ' '.I zy� ' �.. ' 1 � 1� _• 1I : : � � � ! :i r, �• t- A r • - 1 11 �
� � �.� ! �� ! � _ ._ll . � • � �:,�.. � � � ! 1! � � � 1 1 �� ! � .I ' .• ,! � �.��.
1,; • 1
Q:Q� "(�1'" 1Yl�t1S Al1i► � tlAVi11$ 8A IQ�iCSt O� tl$�1� 0��0�98�0� t0 �11
aaimal or ai►y perrson baving aontrol, custody or-passession of �a animal,_�.by reason af the
animal be�ing se�n residing consist�ently at a locatioa, shall . be presumed to be the ovvn�.
�:$a "Packs of dogs" means A group of -#�ee �4 � �n �s �8 �
either publie or private PrapertY not that of its owne� in a state in v�hich �x iw can�rd oc
ownership is in doubt � eannot be readily be ascertaine+d, and whe� such dogs are �t �rsttained
or coutrolled.
Q�-�' �PCwiSt>ll� �8 �Ay lildiVldU�� �1'� f1370.� � �AC�C t�10�81t�
Cplp(}i�iq1, A99!OC3ati�tl, tCt1St, CStatC � O�t 1Cga1 �tlty.
�� N� �• � �y �, ��, � o� a�� � �y
st�o�e that a�q�ire� live animals, �luding birds, reptiles, fowl and fish, aad sells, a� affers to
sell � r�t � livt animals to the public or to retail outlexs.
&;� "�uaaing at large" means to bc off th� prGmises of the ownea or custodiaa
and not secured by a}eash fif� feet or less. This means that evea if the dc�g ia a�ocao�auisd
by ttu own�r or c�ustodian it is ia violation of this ordinance if not securad by a leash. 'T'he c�ty
allowable exccption is wh�re an own�r or custodian is traiAing a dog o�► his own pzo�arty or h�
permissi�n of t�e ow�ea of the P�P�Y� � on public property d�e:�igna�ted to �ilow du8
competition sanctic�ned by aational arganizatians.
3
'l'-,.y" "Service animal" means any animal which is trained or bein~ trained to
aide a person who is blind. hearing impaired. or otherwise disabled and is used for that puq¡ose
and is registered with a recO!!llized service animal or!!anization
B-.~ "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 non-profit organization devoted to the welfare, protection and
humane treatment of animals.
¥-ox.. "Special Hobby Kennel License" means a license issued to net owners
under certain conditions. who do not meet the requirements for a Hobby Kennel License. to
allow them to retain only those specific do!!s and cats then in their oossession until such time
as the death or transfer of such animals reduces the number they oossess to the legal limit set
forth in this ordinance.
~x... "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.
~z.. "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 limited to, biting a human
being, an attack on human beings or domesticated animals without provocation.
Section 3.
Mandatory SO~!! and neuterin!!.
A.. No œrson shall own or harbor any cat or dog over the a¡e of six months
that has not been soayed or neutered unless:
1.. The person holds an unaltered animal license for the animal
pursuant to Section 4 of this ordinance: or
B.. Guide dog pu,ppies in trainini and police service! dOiS are exempted from
the provisions of this section.
~ Any do!! or cat over the age of six months adopted from an animal shelter
in Kin!! County shall be !¡payed or neutered before transfer to the owner.
Section 4.
Licensing - !¡'eneral recuirements.
All animal shelters. kennels. catteries. hobby kennels. hobby catteries. pet sho.,ps.
and !!rooming services must be licensed by the animal control authority. Licenses will be valid
for one year from the date of ~'plication. Fees shall be assessed as provided in the Fee
4
Resolution. There is no proration of the license fee. Renewal licenses shall retain the ori~inal
expiration date whether renewed prior to. on. or after their resrective renewal month. Any
person(s) who engages in more than one of the services or maintains more than one of the tyues
of facilities cited in this section shall pay license fees as provided in the Fee Resolution.
Veterinarians shall obtain the required licenses for any service other than one which by law m~y
be performed only by a veterinarian' provided. that no such license shall be reQuired for his or
her possession of animals solely for the purooses of veterinary care.
Section 5
De~ anE! Cat Pet licenses--Required.
A.. License Re( .Jlirements All we8fted dogs and cats ",hick life e.er sHe Iftelltfts ef
age ei2ht weeks and over which are harbored, kept or maintained with the City shall be licensed
and registered annually, provided, kewe'ler, E!egs lrept iB kennels 1leeE! oot 96 lieellseE! lIf'.fIaally
"bile kept at SIIek keimels wiliek life E!al) Ii_seE! lIS pre,iE!eà in Seetiell ******* 1hat.JIn
altered two-year license m~y be purchased. This section shall not apply to dogs used by ~ the
KiBg CeIiM)! Depar..lfteftt ef Publie Safet). er Iftlinieipal peliee E!epar..lftellts fer city's police
~ for any 20vemmentallaw enforcement a2ency for police work.
I!... Deg ME! Cat ~ License Fees ~ Deg ME! eat ~ licenses shall be issued
by the City Clerk for the animal control authority and m~ be issued by veterinarians. pet sho,ps.
catteries. and kennels and other IIp,proved locations upon application and ~ payment of 11ft
IIftftIIti ¡ license fee made p~able to the KiIIg Ce¡¡l1~ r^Íl1Øftee Depar'..Ift6Bt City of Federal W~
lIS eslflèlisheä by Kiflg Califfi}' according to the schedule provided in the Fee Resolution:
1.. Pet licenses for unaltered dogs and cats will be valid for a term of one year
from the date of issuance. expirin~ on the last day of the twelfth month. Pet licenses for altered
d02s and cats will be valid for two years. exoirin2 on the last da.y of the twenty-fourth month.
There is no proration of any license fees. Renewal licenses will retain the original expiration
period whether renewed prior to. on. or after their re~tive renewal month:
~
Juvenile licenses must be obtained for pets from four weeks to six months
2f.m.
3. City residents sixty-five years of age or older shall be entitled to purchase
a special permanent license for the lifetime of cats 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 sha1l 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 no person shall be granted more than three
permanent animal licenses for any combination of three cats and dogs for which they are the
registered owner.
5
~
control authori~.
Auulications for a pet license shall be on forms provided by the animal
5. 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
to a license tag, an animal may be 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.
6. King County animal control section is authorized to collect a fee for a lost
or stolen license tag replacement to be established by King County.
1... Owners of do!!s and/or cats which old valid licenses from other
jurisdictions and who move into the Ci~ of Federal Wa;¡ may transfer the license by pa;¡in~ a
transfer fee. Such license shall maintain the ori!!inal exuiration date.
~ It shall be a violation of this ordinance for any person to sell or transfer
ownèrship of any pet without a ret license. The Kin!! Coun~ animal control authori~ shall be
notified of the name. address. and tele.phone number of the new owner by the person who sold
or transferred the pet.
Section 6.
De!; BRd eat lieeftiieS late Penalty
A. A late penalty shall be charged on all de!; and eat ~ license applications
according to ~ schedule adopted by King County.
B.
No late penalty shall be charged on new license applications if:
1. The owner submits proof of purchase or acquisition of the animal within
the preceding thirty (30) days; or
2.
The owner has moved into the City within the preceding thirty (30) days;
or
:J. The animal is currently or has been within the preced"'m:!tIirty ~4liys,
under the age which requires a license; or
4. The owner purchases the licenses(s) 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 .
Section 7.
Dog and cat licenses - Nonapplicability.
6
A. The provisions of this ordinance shall not apply to dogs or cats in the custody of
a veterinarian or animal shelter or animal rescuer. or whose owners are nonresidents temporarily
within the City for a period not exceeding thirty (30) 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 8.
License fees and œnalties
A.. All fees collected shall be consistent with those established by Kin~ County and
set forth in the City of Federal Way Fee Resolution.
B... All fees and fines collected under this ordinance shall be forwarded to Kin~
County and shall be distributed in accordance with the Kin~ County/City of Federal Wa.y
Interloca1 A~reement.
.c... Checks. It shall be a violation of this ordinance for ~y œrson to knowin~ly issue
a check for which funds are insufficient or to sto,p pa.yment on any check written in pa.yment of
fees required by this ordinance. Any licensers) or penalties paid for which such checks are. in
the case of the license. invalid: and in the case of the penalty still outstandin~. Costs incurred
by the city in collectin~ checks of this nature shall be considered a cost of abatement and are
personal obli!!ations of the animal owner
Section 9.
Euthanasia rate ~ets.
A.. It shall be the oolicy of Kin!! County that the followin¡¡ maximum euthanasia rate
taJ¡ets are used to measure the pro~ss towards reducin¡¡ the rates of unwanted. healthy pet cats
and do!!s destroyed by the animal control authority and/or its desi¡¡nees. The euthanasia rates
shall not include animals that are destroyed because they are feral medically or temperamentally
unsuitable for ado,ption or have been released by their owners for owner-requested euthanasia.
The col1lPutation of the euthanasia rates shall be based on a OODulation which is defined as all
of Kin!! County. ex<:e1>t the City of Seattle.
.L. The number of healthy dogs and cats destroyed by Kin¡¡ County animal
control and its designees exceeds 11 cats per 1 000 persons livin¡¡ in the county and 6 6 do¡¡s
per 1.000 persons livin!! in the county for any !!iven year endin¡¡ December 31st. or
2.. The number of healthy do!!s and cats destroyed by Kin¡¡ County animal
control or its desi!!nees exceeds 55 catsper 1 000 persons livin¡¡ in the county and 3.3 do!!s œr
1 000 œrsons livin¡¡ in the county for the year endin¡¡ December 31. 1996. or
.3... The number of healthy do~s and cats destroyed by Kin!! County animal
control or its desi!!nees exceeds 1.7 cats per 1.000 persons livin!! in the county and 1.0 do!!s œr
7
1.000 œrsons livine: in the counly for the year endine: December 31. 2000.
B.. The animal control authorily shall a report annually to the Federal Way City
Council about the number of unwanted. healthy pets destroyed and what additional measures or
pro~rams mie:ht be recommended for council approval to reduce the euthanasia rates.
Section 10. Animal shelter, kennel, e:roomine: service. cattery and pet shop
license - Required. It is unlawful for any person to keep or maintain any animal shelter, kennel,
cattery. ~roomin~ service or pet shop in the City of Federal Way without first obtaining a valid
and subsisting license therefor. the fee, as provided in the Fee Resolution, shall be assessed not
upon individual animals but upon the owner or keeper of an animal shelter, kennel, ~
~roomin~ service or pet shop. Each license and certificate of inspection issued pursuant to this
chapter 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 City 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.
Section 11. Animal shelter, cattery. œt shop. ~min~ service, and kennel
license - information required.
A. Zoning Compliance. The applicant for an eriginal animal shelter, cattery. pet
sho.p. ~oomin~ service, hobby kennel or kennel license shall present to the animal control
authority a written statement from the City, that the establishment of the animal shelter, cattery,
pet shop, grooming service, hobby kennel 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.
B. Health Inspection. Before an animal shelter, cattery, pet shop, grooming service,
hobby kennel or kennel license may be issued by the anima1 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, cattery, pet shop, grooming service,
hobby kennel or kennel is in compliance with Sections ***** through ***** of this ordinance.
!
Section 12. Hobby kennel or hobby cattery license - Required.
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 or hobby cattery without obtaining a valid
IItdSlJbsisting license therefor. The fee for such license shall be assessed upon the owner or
keeper of such animals as set by King County. In addition, each animal shall be individually
licensed pursuant to the provisions of Section 5 {)f this ordinance.
B. Limitation on Number Allowed. The total number of dogs and cats over Í6tif .six
months of age kept by a hobby kennel or hobby cattery shall ft6t e¡¡eee¡i the I6t11l ftllmber
8
IIIIdleMeå by the animal eefttfellllltherity based on the followin~ ~uidelines:
ill Animal size:
ill 'I'ype and characteristics of the breed:
ill The amount of lot area: provided. that the maximum number shall
not exceed twenty-five where the lot area contains five acres or more' the maximum number
shall not exceed ten where the lot area contains thirty-five thousand square feet but less than five
acres and the maximum number shall not exceed five where the lot area is less than thirty-five
thousand SQuare feet.
ill
are to be maintained:
ill The zoninl! classification in which the hobby kennel or hobby
cattery would be maintained.
The facility ~ifications/dimensions in which the dogs and cats
C. Limitation on Reproduction. The hobby kennel or hobby cattery shall limit dog
and cat reproduction to no more than w. ek e eff!ijlring per lieell!ie year one litter œr license year
per female dol! and two litters per license year per female cat.
D. Limitation on Advertising. The hobby kennel or hobby cattery shall not have
signs, displays or other visual representations not already pennitted in the zone.
E. Immunization. Each IIftim&l dog and cat in the hobby kennel or hobby cattery
shall have current and proper immunization from disease according to the dog's and cat's species
and age. Pef-èegs Such shall consist of DHL~ inoculation for dogs over three months of age
and FVRCP for cats over two months of al!e and rabies inoculations for ~ all dogs and cats
over six months of age.
F. License Issuance and Maintenance. Only when the director if satisfied that the
requirements of King County Code Section 11.04.060C.l through 5 have been met, a hobby
kenneJ or hobbY cattery license may be issued. The license will continue in full force
throughout the license year unless, at any time, the hobby kennel or hobby cattery is maintained
in such a manner as to:
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
1l.04.060C.l through 5.
G. Compliance. All hobby kennels and hobby catteries shall comply with the
provisions of this ordinance.
Section 13.
Sœcial hobby kennel license.
L
Persons owninl! a total number of dogs and cats exceedinl! three. who do
9
not meet the requirements for a Hobby Kennel License. may be eli!!:ible for a Soecial Hobby
Kennel License to be issued at no cost by the animal control authority which will allow them to
retain the soecific animals then in their possession: provided that the followinL! conditions are
~
i.. The &pplicant must ajJjJly for the Special hobby Kennel License and
individual licenses for each dog and cat within 30 days of the enactment of this ordinance or
at the time they are contacted by an Animal Control Officer King County License Inspector.
Kin!!: County Pet License Canvasser. or the City of Federal Way.
b... The apjJlicant is kee"ping the do!!:s and cats for the enjoyment of the
soecies and not as a commercial enterprise.
2.. The Special Hobby Kennel License shall only be valid for those soecific
dogs and cats in the possession of the apjJlicant at the time of issuance. and is intended to allow
pet owners to possess animals beyond the limits imposed by this ordinance until such time as the
death or transfer of such animals reduces the number possessed to the leL!allimit set forth in this
ordinance.
J.. The Director of Animal Control may de!\y any I\,pJ)lication for a Special
Hobby Kennel License based on past Animal Control Code violations by the annlicant's do!!:s
and cats. or complaints from nei!!:hbors regarding the a,pjJlicant's dogs and cats: or if the
animal{s) is maintained in inhumane conditions.
Section 14. Animal shelter,a, kennels, hobby kennels. catteries. hobby catteries,
and pet shop¡ - Reporting required, inspections and general conditions.
A. Reporting required. Eaèh animal shelter, kennel, hobby kennel. cattery. hobby
~ or pet shop sha1l provide a list of all dogs and cats lllleâeaoo eff given away QI sold ef
etfteFwise dispeseå Bf to the animal control authority quarterly based upon the calendar year.
The list sha1l 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 ~ ~.
B.I Inspection. It sha1l 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 insure compliance with this ordinance. The owner or
keeper of an animal shelter, kennel, cattery. ~min!!: service or pet shop sha1l admit to the
premises for the purposes of making an inspection, any officer, agent or employee of the Seattle-
King 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 with the City of
Federal Way, any animal shelter, kennel, cattery. grooming service or pet shop that is
unsanitary, nauseous, foul or offensive, or in any way detrimental to public health and/or safety
10
and not in compliance with this ordinance. Violation of this subsection may be cause for
revocation or denial of such license.
D. ,General Conditions. Animal shelters, kennels, ~roomine: services. catteries and
pet shops shall meet the following conditions:
1. Housing facilities shall be provided the animals and such shall be
structurally sound and shall be maintained in good repair; shall be designed so as to protect them
from injury, contain the animals and shall restrict the entrance of other animals.
2. Electric power shall be supplied in 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 housing facilities and
primary enclosures of debris and excreta.
3. Suitable food and bedding shall be provided and stored in facilities
adequate to provide protection against infestation or contamination by insects or 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 water,
must be conveniently available for cleaning purposes, and a large sink or tub provided for the
purpose of washing utensils, equipment and facilities.
6. Sick animals shall be separated from those appearing healthy and normal
and, ü 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 shall be an employee on duty at all times during hours any¡ store is
open whose 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 the necessary
cleaning of animals and birds on days the store or shop is closed.
9. No person, persons, association, firm or corporation shall knowingly sell
a sick or injured animal or bird.
10. No person, persons, association, firm or corporation shall misrepresent an
animal or bird to a consumer in any way.
11
11. Adequate care and feeding instructions must be given to each purchaser
of an animal and must be in writing.
Section 14. Facilities - Indoors. Animal shelters, kennels, hobby kennels, ~
~roomine: services 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. Provisions 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 permit 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.
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 15. Animal shelters. kennels catteries and net sho,ps - Outdoor facilities.
Animal shelters, kennels, ~ and pet shops which have outdoor facilities for animals and
birds shall:
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,
12
mud, debris, excreta or other materials and shall be designed to facilitate the removal of animal
and food wastes; and
C. Be constructed with adequate walls or fences to contain the animals therein and
to prevent entrances of other animals.
Section 16
Grooming parlors - Lieefl5e ~, Conditions.
.~.. Lieefltie reqöireå. It i3 unlw.vf¡¡l fer MY persall Ie keep Br maifttain MY gf66l11Ífig
pMIsr ..vitfisut Hfst sbtainiftg a '/iIliElMEI s¡¡bsistiftg lieease tRerewr. ^ fee Ie be establislieEi by
Kiftg C8llflty shall be a:sse33eE1 far eaell suell Jiee¡¡tie. IIe"lie'ler,if!he gresll1Ífig parler is
ElpemteEI a:s a part sf !he BusiRes3 sf a keRnel, er a pet shElp a sepllf9;!e fue Ie Be estfIèlisheEi BY
y.iftg C8II~ sIIall. Be I15ses3eEl. Suell fee shall Be ÍII aElElitisll Ie !he fee es!IIÐlirffieEI fer a keftIIel
se pet sllElp lieeflse.
BA...
Conditions.
1. Not board animals but keep only dogs and cats for a reasonable time in
order 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 (¡:ages 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;
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;
13
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 17. It is a violation of this ordinance to sell or 2.Ìve away unaltered does and
cats in any oublic olace or to auction off or raffle unaltered dogs and cats as orizes or gifts.
Section 18. No rerson in the City of Federal W~ shall oublish or advertise to Federal
W~ residents the availability of any unaltered cat or dog unless the publication or advertisement
includes: the unaltered animal's license number or the animal's juvenile license number.
orovided. however that nothing in this ordinance shall prohibit licensed breeders from
advertising in national oublications for sale of a planned litter or litters.
Section 20. Use of revenue. Funds collected from the animal control license
canvassing program and the sale of juvenile licenses should be used for the followine ourooses'
A.. Fifty percent (50%) to pay for or provide reimbursements for the cost of
~~g and neutering of cats and dogs. Although the subsidy shall be available to all peo.ple
who own unaltered dogs or cats. the emphasis should be for rets owned or harbored by low-
income or fixed-income residents or senior citizens on a low or fixed income to make ~~ing
and neuterine affordable and convenient for them.
B... Fifty percent (50%) to provide Dublic education to prevent the
ovel3>OJ)ulation of dogs and cats and to encourage licensine and the rei¡pOnsible treatment of cats
and do!!s. the education program shall include but not be limited to public advertisin!! and
informational camoaigns.
Co. If the general services division of King County cannot adhere to the
exrenditure tarl!ets listed in A and B above. they shall notify the City.
Section 21. All do!!s and cats six months of a!!e or older shall be vaccinated against
rabies. All vaccinations shall be performed in accordance with the standards contained in the
Comrendium of Animal Rabies Control as amended published by the National Association of
State Public Health Veterinarians Inc.
Section 22. Exemptions. The orovisions of this ordinance shall not apply to do!!s and
cats in the custody of an animal facility re!!istered or licensed by the United States De,partment
of A!!riculture and regulated by 7 United States Code 2131 et. seq.
Section 23. Release from confinement. No rerson other than the owner or person
authorized by the owner of the animal shall release any animal from any confinement vehicle
or restraint unless such release is necessary for the immediate health and safety of the animal'
provided this section shall not IIP'ply to peace officers and animal control or humane officers.
Section 24.
Monitorin!!. The animal control authority shall re.port to the city annually
14
on the number of pets adoDted. the number of animals euthanized an estimate of the number
of pets killed annually due to abandonment. the number and tyDe of pet licenses issued. and the
number of $pay/neuter vouchers issued and redeemed.
~.¡,s ~ Additional Rules and Regulations. 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,
hobby catteries, pet shops, grooming parlors and guard dog þtlryeyefs sellers, trainers and
owners. Such rules and regulations may be enacted only after public hearing has been held for
such purpose. Enforcement of these rules and regulations may be appealed to the ~County
board of appeals.
~-M l2.. 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, hobby cattery, kennel, grooming parlor,
pet shop, guard dog pIIf'Yeyet' K!kr, 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 filed pursuant to Section 40 of this ordinance.
~H 'lL. License revocation or refusal - waiting period. No applicant shall
be issued an animal shelter, hobby kennel, hobby cattery, grooming parlor, pet shop, guard dog
ptIfYeyef K!kr, 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.
~ l-8 2R.
Enforcement power.
A. The director of the animal control authority and his .QI...b¡:¡ 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 this ordinance and the laws of the state as they
pertain to animal cruelty, shelter, íelfare and enforcement control.
B. The director of animal control authority of 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 ca\lse 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 9I...her 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.
15
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 of his ~ authorized animal control 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 ***** of this ordinance.
~.J9~
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 (3) notices and
orders of violation by the owner in anyone (1) 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 to protect the public from repeat violations, 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 (96) hours from the date of notice. If such animal is found
to be within the confines of the City after ninety-six (96) hours have elapsed from the date of
notice, the same shall be abated and removed by the director of the 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 (2) or more times within a two (2) year period is declared to be a public nuisance
and shall not be kept within the City forty-eight (48) hours after receiving written notice from
the director, or his ~ authorized animal control officer. Such 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 dog or animal.
~~ 3Q. Nuisances defined - Violations to be abated. For purposes of this
ordinance, nuisances are violations of this ordinance and shall be defined as follows:
A. Any public nuisance relating to animal control 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
16
park, or enters any public beach, pond, fountain or stream therein, or upon any public
playground or school ground; provided, however, that this section shall not prohibit a person
from 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 (8) 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 (24) 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.
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 /!.Oy blind person using a trained seeing-eye dog, to veterinary offices or hospitals,
or to animal shows, exhibitions or organized dog-training classes where at least twenty-four (24)
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 in heat, accessible
to other animals for 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. Any domesticated animal which habitually snaps, growls, snarls, jumps upon or
otherwise threatens persons lawfully using the public sidewalks, streets, alleys or other public
ways.
H. Any animal which has exhibited vicious propensities and which constitutes a
danger to the safety of persons or property off his premises or lawfully on his premises;
provided, that in addition to other remedies and penalties, the provisions of this title relating to
vicious animals and dangerous dogs shall apply.
1. A vicious animal or animal with vicious propensities which runs at large at any
time, or su~h an animal off the owner's premises not securely leashed on aline 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
17
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
o.
Animals running in packs.
~~ .3.L.
Impounding.
A. The director of the animal control and his ~ authorized representatives may
apprehend any animal found doing any of the acts derIDed as public nuisance and/or being
subject to cruel treatment as derIDed by this ordinance. After such animals are apprehended, the
animal control authority shall ascertain whether the,y are licensed. or otherwise identifiable feáæt
the IIftimal Ie ~e ewftef legetfter with II aeliee ef .¡ielø.lieft af this erèinaRee. If it i~ Bat
re&5eflllBle pe:i5ible Ie ilftRleèiRtely ætum II eeffeR~ 1ieeRgeŠ IIfIiH¡¡¡l Ie as e,mef, ¡he IIftimal
eeffifel1l1Hlieffiy sbaR ftetify the aWfier \vithiB II reesenahle IiRie B) fegölar maH er leIephafte
d1at the IUlimal h8:s beeR iRipelifiåeå II:ftè IÐ!t) be reåeelfteå. If reasonably possible. the animal
control authori~ shall return the animal to the owner to~ether with a notice of violation of this
ordinance. If it is not reasonably possible to immediately return a currently licensed animal to
its owner. the animal control authority shall notify the owner within a reasonable time by re!!ular
mail or tel~hone that the animal has been impounded and ma.y be redeemed. Any currently
licensed animal impounded pursuant to this ordinance shall be held for the owner at least one
hundred twenty 020) hours after tel~hone contact by the impoundin~ a~ency or for at least two
(2) weeks after oostin~ of the notification of im¡)(JUndment by regular mail: any other animal
ifllPOunded pursuant to this chpter shall be held for its owner at least seventy-two m) hours
from the time of impoundment. The county shall not sell aI1Y animals to research institutes or
licensed dealers for research puqx>ses. Any animal sufferin~ from serious injury or disease ma.y
be humane{y destro,yed. or. in the discretion of the impoundinI! authority. ma.y be held for a
lonl:~ period and redeemed by any person on oayment of charges not exceedin!! those or,scribed
bmiJk '
B. IIelèffig pefteå. ARY eliffelHl) lieeMeà animal impalifiåeå pttf5tIIIIit Ie this
erèinøftee sbaR be ReM fer the a',T,'ftef at least afte hllllåreå p¡¡~ ReöfS, after pe5l:Ïfig af the
Ratifie&1ieft af iRipalifišlftellt by reglllar maH ar after Ielephafte eefttaet by the impaöliåing
lIgeaey; IIIIY a~er IIftimal impellßåeå p1tfS\l!l:llt Ie thia artlinallee sbaR be ReM fer as aWRef at
lea5t 8e'. aMy p¡, a fteöfS frem the tilfte af ilBp6\1ftåmeat The animal eeRIfel atllftafÎ.~ shlill ft6t
sell MY llllimal Ie feseareh in!l!itutes ar HeeageŠ åealers for researe!l plifJ'ases.
€lL. 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
18
a longer period and redeemed by any person on payment of charges not exceeding those
prescribed in the fee resolution.
~ Animals not Redeemed. Any animal not redeemed shall be treated in one of.the
following ways:
1. Made available for adoption at a fee ef Hie åollMs per animal as set forth
in the fee resolution.
(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 the animal control authority acting as agent for the County.
(b) There sIutH be a spa) !ftetl!er deposit ef tWeflty åellMs ell all aèepteà
IHIimals-. All dogs and cats over the age of six (6) months adopted from the King County animal
shelter shall be spayed or neutered .¡¡thin thif't) tlftys frem tile åate ef ¡IDQIJQ adoption~ ;-6f-iIt
the age ef SÌ!I: meffihs fer femal:es sr nifte IRÐftlhs fer males, v:hie!lever eemes ls5t. This åepssit
will. Be retumell 16 the ø.êeptiftg peFS611 IIpSIl sllbæissiefts ef preef that !he !i!erilimâeft ',.115
peIfÐÐBeå .1Hftift tile applieellle time perieå. A $pay/neuter deoosit shall be charged for do~s
and cats under the age of six months which are too younl: to be $p~ed/neutered prior to
adq,ption This de¡>osit will be returned to the adopting person \WOn submission of proof that
the sterilization was performed within six (6) months from the date of adoution. Failure to
$p~/neuter such do2 or cat is a violation of this ordinance and a breach of the adoution contract
and will result in the forfeiture of the adoution and return of the dog or cat to Kin2 County
animal control for the I'eQ,Jlired S1J&yin2/neuterinl:.
(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.
B..D.. The animal control authority shall not sell any animals for the purpose of medical
research to any research institute or any other purchasers.
B.. An unaltered d02 or cat impounded more than once shall be SD~ed or neutered
by the animal control authority prior to the release of the d02 or cat. The cost of the $pI\)' or
neuter shall be char2ed to the owner uoon redemption but shall be deducted from the
iInpound/redem,ption fees otherwise reauired under this ordinance.
~~...Jk Redemption procedures. Any animal impounded pursuant to the
provisions of Section 31 may be redeemed upon payment of the redemption fee as provided for
in this seattell in the fee resolution. The reåemptiell fee fer E!egs lIRE! eats sh&ll Be twell~ me
åelløfs fer eaek åeg er eat ell tile fifst effetlse, fait) åeHafs eft tile see6Rå effease, '.. ithiB eRe
19
)eIIf Bf Ihe first BffeR:.e, and Hit} H.e E!eHafS eR the thirE! effeRse, nitlliR eRe Yellf Bf the flfst
effeftse-. Owners of impounded licensed dogs or 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 ef H.e E!Bllars as set forth in the fee resolution 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 Kin~ County tfeastifef. The redemption fee for livestock shaH be fifty
d6Hafs per animal impound incident, plus any hauling or boarding costs due are set forth in the
fee resolution. 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 33. Spay/neuter vouchers. When issuing a license for an unaltered pet the
animal control authority shall also provide to the aoolicant a voucher with a value not to exceed
that set forth by the County for the payment of all or part of the cost of a !¡payor neuter
Qperation by a licensed veterinarian on such pet. The animal control authority shall compile.
maintain and make available to the oublic a list of veterinarians who acce¡>t such vouchers as full
or partial p~ment for !¡payor neuter operations. Spay/neuter vouchers shall be redeemed
throUl!h the King County office of finance by veterinarians who have performed a !¡payor neuter
Qperation on a oet licensed in the City as an unaltered oet.
Section 34. Education. The animal control authority in conjunction with the King
County animal control citizen's advisory committee shall develo¡> a public information and
education cam¡>aÌl!ll about re!¡pOnsible pet ownership. pet ado¡>tion. and the benefits of!¡p~ and
neuter o.perations. The campaign should be coordinated with other animal interest I!roups. The
materials shall be made available to the I!eneral oublic and provided to each person obtaining
a license or redeeming a pet. Materials shall be made available to and disseminated through
veterinarians. pet shoos. catteries. kennels and the media. The use of pro bono assistance from
entities havinl! exoertise in public advertising or information campail!ns is encouraged. The
education pro~ram shall be reviewed by the animal control authority and a re.port shall be made
to the animal control authority. and a re¡>ort shall be made to the City annually.
with th~ec~~; ~~un:r:¡~:r ce~::~~~J:~~~d~~:~b::~:~t~~~~pCOani~;::~~
certification orogram including a definition of the term "breeder." to oromote the "best
manal!ement practices" for the breedinl! and caring of animals The pro¡>osed breeder
certification prol!ram shall be submitted to the county council for approval.
Section 36. Canvassin~ pro~ram. The animal control authority shall develoj) and
im¡>lement a twelve (12) month orogram to canvass households in the City for compliance with
the licensinl! requirements of this ordinance. Animal control authority emoloyees and persons
or orl!anizations under contract to the animal control authority performinl! the canvassing shall
have the authority to issue oet licenses and collect license fees. The canvassin~ pro~ram shall
be reviewed by the animal control authority. and a re.port made to the City within twelve (12)
20
months after ado.1)tion of this ordinance. Fundin!!: for subsequent years shall be reviewed
annually based upon an evaluation of the success of the canvassin& pro!!:ram.
~~..11.
Waiver of fees and penalties.
A. The director of the animal control authority has the authority to waive licensing
fees, late licensing penalty 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 public 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.
(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.
~~...3.S...
Cruelty violations declared unlawful. It is unlawful for any person
to:
A.
W1lfu11y 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 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.
~~..J2.
Abatement - Commencement, notice and order, service standards.
21
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.
(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 authority:
(a) If the director has determined the animal must be abated, the order
shall require the abatement be completed within 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 authority has determined to
assess a civil penalty, the order shall require that the penalty shall be paid within fourteen (14)
days from the date of the order;
(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 adl.wng:
(a) That a person having a legal interest in the animal may appeal from
the notice and order or any action of the director of the animal control authority to the board of
appeals; provided, the appeal is made in writing as provided in this ordinance, and filed with
the director of the animal control authority within fourteen (14) days from the date of service
of such notice and order; and
(b) That failure to appeal will constitute a waiver of all right to an
administrative hearing and determination of the matter.
22
(c) The notice and order shall be served on the owner or presumed
owner of the animal in violation.
(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 peIjury 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.
~>!éÆ!.. 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
~~..!l... Appeal - Form. Any person entitled to service or notice under
Section ***** 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 (14) 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
of all appellants participating in the appeal.
C. A brief statement setting forth the legal interest of each of the appellanis
in the animal involved in the notice and order.
" giving the names
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.
E. A brief statement in concise language of the relief south, and the reasons
why it is claimed the protested order or action should be reversed, modified or otherwise set
aside.
F.
addresses; and
The signatures of all parties named as appellants, and their official mailing
23
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.
~~~ Appeal - Scheduling. The board of appeals shall set a time and
place, not more than thirty (30) days from such notice of appeal for hearing thereon. Written
notice of the time and place of hearing shall be given at least ten (10) days prior to the date of
the hearing to each appellant by the manager-clerk of the board.
~~~ Appeal- Appellant Action. At the hearing the appellant shall be
entitled 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.
~~..M.. 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.
~M~ 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.
~~.M.
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)
(b)
The breed of the animal and its characteristics;
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 proximity of neighbors;
(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:
24
(i)
(ü)
Extent of the injury(ies),
Circumstances, e.g., time of day, on/off property,
provocation instinct,
(ill) Circumstances surrounding the result and complaint, e.g.,
neighborhood disputes, identification, credibility of complainants and witnesses.
2.
Requirements which may be prescribed includes, but are not limited to the
following:
(a) Erection of additional or new fencing adequate to keep the animal
within the confines of its property.
(b) Construction of a run within which the animal is to be kept.
Dimensions of the run will be consistent with the size of the animal.
(c) Keeping the animal on a leash adequate to control the animal, the
length and location to be determined by the director. When 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 (15) years of age.
(e) Removal of the animal from the City within forty-eight (48) hours
from the receipt of such notice.
B. Penalty. Failure to comply with any requirement prescribed by the director
pursuant to this section constitutes a misdemeanor and the penalty contained in Section *****
shall apply. The animal shall not be kept in the City forty-eight (48) 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 o~ keeper of such
animal(s) has no right to redeem such animal(s). ,
smi!m..~...fZ.
Dangerous dogs - Registration and Prohibitions.
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
25
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 there is a
dangerous dog on the property. In addition, the owner shall conspicuously display a sign with
a warning symbol that informs children of the presence of a dangerous dog.
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 owner does not secure the liability
insurance coverage required by 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 of a gross misdemeanor
punishable in accordance with RCW 9A.20.021.
~34~
Rabies control.
A. Quarantine Order. Whenever the director of the Seatt1e- King County Department
of Public Health, hereinafter referred to in this section as the director, has cause to suspect that
an animal capable of transmitting rabies is infected with such disease, he shall order a period
of quarantine of not less than ten (10) days. The director shall notify in writing the owner or
keeper of the infected 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 conditions of quarantine are strictly kept. The place of quarantine shall be
at the discretion of the director, unless the animal has 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 cause for such order of quarantine shall include, but
is not limited to, evidence that such animal has bitten, or that there is reasonable certainty that
such animal has bitten, a human being. During the period 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 of Rabies Hazard - Quarantine Period. Whenever said director determines
that rabies is currently a hazard to the public health in the City by reason of the fact that a case
of rabies 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 (3) successive
days, which determination and notice shall declare the quarantine period and area. The
quarantine period shall be thirty (30) days after the last publication of notice; and it is a
misdemeanor and is unlawful for any owner, or person entitled to custody of such animal to
keep or harbor any animal capable of transmitting rabies unless securely confmed by a leash or
tight enclosure from which it cannot escape. Any animal capable of transmitting rabies found
running at large during such period shall be impounded and humanely destroyed by order of the
director or his ~ designee. If apprehension and impounding by safe means is not possible,
26
such 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 a quarantine deEmed in this 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 tests shall be destroyed by order of the director of Public Health.
E. Vaccination Order. Whenever the director of Public Health by order published
in a newspaper of general circulation in the area for three (3) 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 within
thirty (30) days with anti-rabies vaccine, he shall order that all such animals four (4) 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.
~3S~ Fowl and Rabbits. It is unlawful for any person, firm or
corporation to sell, offer for sale, barter or give away any fowl under three (3) weeks of age or
any rabbit under two (2) 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.
~3éA 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.
~~.2l. Exotic animals. -Åe 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.
~~,.jl.. 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.
~39~
Criminal penalty. Unless otherwise provided, any person who
27
violates the provisions of this ordinance, and provisions of RCW 16.08, shall be guilty of a
misdemeanor, punishable by a maximum fme of $1,000 and/or imprisonment for a term not to
exceed ninety (90) days.
~ 4G..2i. 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 $250 per violation to 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 procedures specified in
this ordinance.
~ 4I,~ Personal obligations. 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
the prosecuting attorney on behalf of King County may collect the civil penalty and the
abatement work costs by use of all appropriate legal remedies.
~ ~...l6... 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 57.
violation.
Unlawful acts 3.l!:ainst police denartment do~s - Penal~ for
A.. No œrSOll shall wilfully tonnent torture. beat kick strike or harass any do~ used
by a police deJ)artment for police work or otherwise interfere with the use of any such do~ for
police work by said de.partment or its officers or members.
B.. Any person who violates subsection A. of this Section shall be deemed l!Uil~ of
a misdemeanor. punishable by not more than ninety (90) days in jailor not more than two
fnmdred fifty dollars ($250.00) find or both.
~ 43A 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 enjoin any acts or practices and abate any conditions which constitute a violation of this
ordinance or other regulations herein adopted.
~44"j2, 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.
28
Section ~ 60. 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.
~ 4é ~ Effective Date. This ordinance shall be effective as
ef the dete ef ÏfteðlJl6mâeft, Feèfllllf')' 28, 1999, '¡¡hiM is mere than I!1ift) (39) d&)s after the
pttblieeâ:eft ef an IIppftYleä sIJmffiIifY eellsisting ef the tHle 16 this erElÌflanee thirty (30) days after
approval by Council.
PASSED by the City Council of the City of Federal Way, this 17th day of
November, 1992.
CITY OF FEDERAL WAY
~
' M. ANEY, eMC
APPROVED AS TO FORM:
~A~
CITY ATIORNEY, CAROLYN LAKE
~c;~
MAYOR, ROBERT STEAD
FILED WITH CITY CLERK: November 4, 1992
PASSED BY THE CITY COUNCIL: November 17,1992
PUBLISHED: November 22, 1992
EFFECTIVE DATE: December 17. 1992
ORDINANCE NO.: 92-153
29