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HomeMy WebLinkAbout40651 ORDINANCE N0. _4 0 6 5 2 N ORDINANCE Of THE CITY COUNCIL OF THE CITY OF AUBURN, WASHIN6TON, REPEALING 3 AND AMENDIN6 CERTAIN SECTIONS OF TITLE 6_ANIMALS OF THE COOIFIED ORDINANCES OF THE CITY OF AUBURN, WASHINGTON. 4 $ THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: 6 Section 1. Chapter 6.04 Dogs and Cats of the Codified Ordinances of the ry City of Auburn is herewith repealed upon the effective date of this ordinance. g Section 2. Chapter 6.16 Vicious or Dangerous Animals of the Codified g Ordinances of the City of Auburn is herewith repealed upon the effective date 10 of this ordinance. 11 Section 3. Chapter 6.28 Pet Shops, Kennels and Veterinary Hospitals of 12 the Codified Ordinances of the City of Auburn is herewith repealed upon the 13 effective date of this ordinance. 14 Section 4. Section 6.32.010 Ki.ng County Provisions Adopted by Reference 15 of the Codified Ordinances of the City of Auburn is herewith repealed upon the 16 effective date of this ordinance. 17 Section 5. There is herewith created a new Auburn Codi,fied City Ordinance 18 6.32.010 King County Provisions Adopted by Reference which shall read as 19 follows, to-wit: 20 "6.32.010 King County provisions adopted by reference. 21 There is herewith adopted by the City, by reference, Title 11 of the 22 codified ordinance of King County, King County Ordinance No. 1396, as now 23 or hereafter amended, with the exception of Subsections B 2 24 {a),(b),(c),(d) and {e); and B 3(a),(b),(c),(d), and (e); and B 4 25 (c),(d) and (e) of King County Codified Ordinance 11.04.210 and except 26 Chapter 11.08 thereof." 27 5ection 6. Section 6.32.030 Purchasing Animal Licenses of the Codified 28 Ordinances of the City of Auburn is herewith repealed upon the effective date Q9 of this ordinance. 30 31 ' ----------------------------- 32 Ordinance No. 4065 ��ge�8�ne of Two u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17'� 18 19 22 23 24 25 26 27 28 29 30 31 32 Section 3. The Mayor is hereby authorized to implement such administra- tive procedures as may be necessary to carry out the directions of this legislation. Section 4. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: JULY 1. 1985 PASSED: JULY 1, 1985 APPROVED: L 1, 1985 ATTEST: %�i�.�l.e ��1����lE���/1 y C er ��� APPROV D AS T OR . � City ttorney IIPUBLISHED: JULY 11. 1985 � ------------------------- Ordinance No.4065 ��8e18�Two of Two 0 „ � I � / ' �- �}•�,'� . , / �' � �. ' • . _ � . .i � � (l` � �• /�� 1/ �� ' . � 4•' *. ', ` �� . . � e . .. '�. � � . • • . I� ORDI::A.�CE N0. ' ;a�9s a 1 :2 3 4 S 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 Z3 24 25 26 n zs zg • 3a 31 32 33 CONTEi7Ts RECEIVED FEB 01 1995 ARTICLE I- GENERAL PROVISION CITY OF AUBURN LEGAL DEPARTMENT Section 1. Repealer . 2. Purpose 3. Definitions 9. Severability � � ARTICLE II - LICEVSING • Section 1. Dog and Cat License - Required , 2. Animal Shelter, Kennel and Pet Shop License - Required 3. Animal Shelter and hennel License - Infor:aation Required ' 4. Hobby I:ennel License - Required 5. Animal Shelters, hobby Kennels, i:ennels and Pet Shops - Reporting Required 6. Animal Shelters, Hobby Rennels, Kennels and Pet Shops - Inspection 7. Conditions - General 8. Facilities = Indoors 9. Facilities - Outdoors � 10. Grooming Parlors - License Required � � 12. Grooming Parlors - Conditions 12. Additional Conditions 13. License - Revocation or ReFusal to Renew 14. License - Revocation or Refusal -�•7afting Perioa• Sectfon 1. 2. 3. 4. 5. 6. 7. 8. 9. 1Q. 12. 12. 13. 14. ARTICLE III - ENFOP,CENlENT, PENALTIES AND PROCEDURES Enforcement Powers Abatement Misde�eanor Civil Penalty Impounding Additional Enforcement Violations to be Abated Cruelty Violations to be e�bated Notice and Order Appeal ' Reder�ption � Removal Personal Obligations Costs of Enforcement Action d R, . a . T � • : t. . . r� . '.- .. 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 �S • 30 31 3Z 33 r t � Introc'�ced,b�: . ORDI:.a::CE :;0. 1396 ' � � - TR�i,r,Y J.0';�Ei�. AN ORDI:�A:�CE relating to �niral Control, 7� _ yy� Licensina, welfare and Cruelty reoealinq Resolution 36792, Ordinance 418 and e;.C.C. 11.04.010 througn 11.04.140, K.C.C. 11.08.010 and 11.08.020 and K.C.C. 11.16.010 and 11.16.020 and prescribing penalties. BE IT ORDAIt1ED BY THE COUNCIL OF KING COUNTY: ARTICLE I - GE:dEi2�'�L PROVISION SEC�'IOtJ I. Repealer. Resolution 36792, Ordinance 418 and K.C.C.•11.04.010 through 11.04.140, K.C.C. 11.08.010 and 11.08.020 and K.C.C. 11.16.010 and K.C.C. 11.16.020 are each repealed. SECTION 2. Purpose. It is declared the public policy of the County to secure and maintain such ]evels of animal control as will protect human health and safety, and to the greatest degree practicable to pre- vent injury to property and czuelty to animal life. To this end, it is the purpose of this ordinance to provide a means of licens- inq dogs, and cats, animal shelters, hobby kennels, kennels and pet shops and controlling errant animal behavior so that it shall not become a public nuisance and to prevent cruelty to animals.. SECTION 3. Definitions. In construing the provisions of this ordinance, except where ��otherwise plainly declared or clearly apoarent from the context, words used herein shall be given their cor,�mon and ordiriary mean- ing; in addition, the following definitions shall apply: (1) "Abatement" means the termination of any violation by reasonable and lawful means determined by 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. (2) "Animal" means any living creature except man. (3) "Animal Control Authority" m�ans the County Animal ' Control Di�ision, Degar t�nent of Ger.era? Ser?►ices, actinq alone , or in concert with other municipalities for enforce�:ent of the aninal control laws of the County and State and the shelter and welfare of animals. ( (4) "Animal Control Officer" means any individual er�ployed,� -1- . 1 i � � ' � r� � � . � � . . � � I , ' 1 - /'� ' � 1V�,i 1 2 3 4 S �6 7 6 9 LO 11 12 13 14 1S 16 17 .__ 18 19 20 21 22 23 24 25 26 27 28 29 30� 31 32 33 contracted or appointed by the Animal Control Authority for the purpose of aiding in the enforcement of this ordinance or any other law or or.dinance relatinq to the licensinq of animals, control of animals, or seizure and impoundment of animals, and includes any state or municipal, peace officer, sheriff, constable, or other employee whose duties in whole or in part include assignments which involve the seizure and taking into custody of aay animal. - (5) "Domesticated Animal" means those domestic beasts as any dog, cat, rabbil:, horse, mule, ass, bovine animal, lamb, goat, sheep or hog, or other animal made to be domestic. (6) "Euthanasia" means the huic;ane destruction of an anir.:al; accomplished by a method that involves instantaneous unconscious- ness and immediate de�ath, or by a method that causes painless loss of consciousness, and death during such�loss of conscious- I ness. (7) "Grooming Parlor" means any place or establishment, public or private, where animals are bathed, clipped or combed for a consideration, for the purpose of enhancing their aesthetic value. j � i (8) "Hobby Kennel" means a non-commercial kennel at, or adjoining a private residence where four or more adult animals are bred and/or kep� for hunting, training, and e:chibition for organized shows, field, working and/or obedience trials or for enjoyment of the species. • (9) "Kennel" means a place where four or more adult dogs or cats or any combiriation thereof are kept, whether by owners of the dogs and cats or by persons providinq facilities and care whether or not for compensation, but not including a small anir,.al 'hospital or �linic or pe� shop. An adult doq or eat is on2 of either sex, altered or unaltered, that has reached the age of four months. i10) "Livestock" means horses, bovine anir,.als, sheep, goats �� � . . � . i � . ` 1� .�' �. , 1 • � , ' . ' ' � • ' ' , • � � �� I II • • 1396 � 2 3 4 S 6 7 8 9 !0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ZS 26 27 28 ss 30 31 32 33 swine, reindeer, donkeys and mules. (11) "Owner" means any person having an fnterest in or right of possession to an animal or any person having control, custody, or possession of an animal, or by reason of the animal beinq seen residinq consistently at a location, shall be presumed to be the owner. i (12) "Packs of Dogs" shall consist of a group of three or II more dogs running upon either public or private property not that of its owner in a state in which either its control or � ownership is in doubt or cannot readily be ascertained, and when such dogs are not restrained'or controlled. (13) "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate or �� other legal entity. - (14) "Pet Shop" means a person or establishment that, ac- quires animals bred riy others and/or suppZies, whether as ow-ner, agent, or on consigruaent, sells, offers to sell such animals and/ or supplies to the public. (15) "Running at Large" means to be off the,premises of � the owner and not under the control of the owner or competent person authorized by the owner, either by leash or other means. (16) "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 establish- ed humane society, animal welfare society, society for the pre- vention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals. • (17) "Under cor.::ol" r.►eans t:�e anima: :�s under vcice an�/ � I or signal control so as to be thereby restrained from approach- i ing any bystander or other aniMal and from causing or being the cause of physical property dar�age when off of a leash or off I the prenises of the owner. �� 0 � I 2 3 4 S 6 7 8 9 !0 11 12 13 14 15 16 17 18 19 ZO 21 22 23 24 25 26 27 28 �9 30 31 32 33 �a ' 1u..J J (18) "Vicious" means the propensity to do any aCt that might endanger the safety of any person, animal, or propezty of another, including, but not limited to a disposition to mischief or fierceness as might occasionally lead to attack on human beings without provocation, whether in play or outbreak of un- trained nature. SECTION 4. Severability. • Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. ARTICLE II - LICENSING SECTION 1. Doa and Cat Licenses - P,eauired (1) License requirements. Al1 dogs and cats, harbored, kept, or maintained in King County over four months of aae shall be licensed and registered annually, provided ho��ever, that doqs kept in kennels need not be licensed annually while kept at such kennel and while such kennel is duly licensed as provided in Article II, Section 2 herein. (2) Fees. Dog and cat licenses shall be issued by the Animal Control Authority upon application and payment of an annual license fee made payable to the County Treasurer in the sum of six dollars ($6.00) for dogs and three dollars '{$3.00) for cats. The annual license fee shall become due and paya9le on January lst of each year. Applications for a dog or cat license shall be on forms provided by the Animal Control Authority. No proration of a license fee for a portion of the calendar year shall be made. Al1 license tags issued herein ' shall be s�curell� zffixed to a s�h;,tantial collar hart�ess os other means which shall be worn by the doa at all times. As an alternative to a license tag an aninal r.:ay be identified as licensed by being tattooed on its right ear or on its inside right thigh or groin with a license nurber apgroved or issuad -4- r , 1 2 3 � S 6 7 8 9 LO 11 12 13 14 1S 16 17 18 19 20 21 22 z3 24 25 26 27 28 29 3� 31 32 33 � � • .iv� J by the Animal Control Authority. (3) Penalty. A late penalty in the sum of two dollars ($2.00) shall be charged on all apolications received after January 31 of each year provided, however, that a dog or cat acquired during the year shall be licensed within thirty i30) days from the date of its acquisition and in such cases the late penalty shall be charqed only on applications received after the.expization of that thirty (30) day period. - (4) Fees Collected. All fees and fines collected under this ordinance shall be deposited in the County Current E:cpense Fund. (5) Non-Applicability. The provisions of this section shall not apply to dogs or cats in the custody of a vetezinarian or Animal Shelter or whose owners are non-residents temporarily within the County for a period not exceeding thirty (30) days. The fees contained herein shall become effective beqinning with the 1973 license year. - SECTION 2. Animal Shelter, Kennel and Pet Shop License - Reauired. It is unlawful for any person to keep or r�aintain any animal shelter, kennel, or pet shop within King County without first obtaining a valid and subsisting license therefor. A fee of seventy-five dollars ($75.00) for suca license shall he assessed not upon individual animals but upon the owner or keeper of an animal snelter, kennel or pet shop.� Each license and certifi- cate 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 num�ered = � and shall bear�thP name of King County, tv'ashington, and the na^�e and address of the owner or keeper of the establish�:ent, and the expiration date of the license. The license shall run for a period of one year from the date of purchase. SECTI0�1 3. Animal Shelter, Ffobbv ::ennel and icennel Licer.s� - 5- � , , . f• 1 , 1 • . . • • II , � 1 2 3 4 S 6 7 8 9 !0 11 12 13 14 15 16 __ 17 18 19 20 21 22 23 24 25 26 27 28 29 90 31 32 33 � • .1v�J Information P.eauired. ' (1) 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 County Department of Planning, that the establishment of the animal shelter or kennel at the proposed site is not in vio- lation of the King County Zoning Code,has a legal non-conforminq I zoning status, or a conditional use permit has been issued for the intended use. (2) Health Inspection. Before an animal shelter, hobby kennel, or kennel license nay be issued by the Animal Control Authority a certificate of inspection from the Seattle-I:ing County Health Departir.ent must be issued showing that said animal shelter, hobby kennel, or kennel is in compliance with Article II, Sections 6, 7, 8 and 9 contained herein. SECTION 4. Hobbv Kennel License - Reauired (1) License required. Zt shall be unlawful for any person to keep and mafntain any dog or cat within the County for the purposes of a hobby kennel without obtaining a valid and sub- sisting license therefor. The fee for such license shall be as- sessed upon the owner or keeper of such animals and shall be ten dollars ($10.00) for each three animals or portion thereof. In addition each animal shall be licensed individua115/ under provisions of Article II, Section 1(2) of this ordinance. (2) Limitation on number of dogs and cats 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 Kinq County Zoning Code. • (3) Dog and cat reproduction lir,�itatyons. The hobby kennel shall limit dog and cat reproduction to no more than twelve (12) offspring per license year. (4) Advertising limitations. The hobby kennel shall not have signs, displays and other visual representations not al- -6- � 0 r ' �I . . , . l � i I I � . i. . • • • �I • ' . _ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3D 31 32 33 1 : 1 •»� �....� ready permitted in the zone. (5) Immunization required. Each animal in the hobbv kennel shall have current and proper immunization from disease accordinq to the artimal's species and age. For dogs such shall consist of DHL innoculation for dogs over three (3) months of age and rabies innoculations for those over six (6) months of age. (6) Compliance. The hobby kennel shall comply with the provisions of Article II, Sections 5- 9. SECTION 5. Animal Shelters, fiobbv Kennels, Kennels, and Pet Shops - Reoortina Reouired. Each anir�al shelter, hobby kennel, kennel or pet shop shall pro- vide a list of all doqs and cats auctioned off, given away, sold or atherwise disposed'of to the Anir�al Control Authority quarter- ly based upon the calendar year. The list shall include the origin, the age and type of dog or cat, and the nane and address of the person to whom the dog or cat was given or purveyed. SECTION 6. Animal Shelters, Iiobby Kennels, Kennels, ar.d Pet Shops - Inspection. (1) 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 insure compliance w�ith Article II, Sections 7, 8 and 9, herein. The owner or keeper of an animal shelter, hobby kennel, kennel or pet shop shall admit to the premises for the purpose of making an inspection, any officer, agent, or employee of the Seattle-Kfnq County bepartment of Publfc Eiealth or Animal Control Authority at any . reasonable tine that adr..ission is requestefl. (2) Unlac��ful. It shall be unla�aful to keep, use or main- tain within King County any animal shelter, hobby kennel, kennel, or pet shop that is unsanitary, nauseous, foul or offensive, or I in any way detrimental to public health and/or safety and not in I -7� . 1 2 3 4 S 6 7 B 9 10 11 12 13 14 1S 16 17 18 19 20 21 22 23 24 25 26 27 28 Z9 30 31 32 33 e • � 1��� compliance with Article II, Sections 5, 7, 8, and 9 herein and may be cause for revocation or denial of such license. • SECTION 7. Conditions - General. Animal shelters, hobby kennels, kennels and pet shops shall meet the following conditions: (1) Housinq facilities shall be provided the animals and such shall be structurally sound and shall be maintained in good repair; shall be desiqned so as to protect the animals from injury; shall contain the animals; and shall restrict the en- tr•ance of other animals. i (2) Electric power shall be supplied in conformance with Icity, county, and state electrical codes adequate to supply ,lighting and heating as may be required by this chapter. i•7ater shall be supplied at 5ufficient 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 infestatior► or contamination by insects or rodents. Refrigeration shall be Iprovided 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 o£ insects or redents lor 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, equip�:ent and facilities. � (6) Sick animals skall be separatea fror.: k.kose appearing healthy and normal and if for sale, shall be removed f.ror� dis- play and sale. Sick aninals shall be kept in isolation auarters with adequate ventilation to keep from conta:^inating well -s- . , ,. , _.: � . . , . ' , . . � 1�3� 1 2 3 � S 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 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. • (9i 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) Adequate care and feeding instructions must be given to each purchaser of an animal and must be in writing. SECTZON B. Facilities - Indoors. Animal shelters, hobby kennels, kennels and pet shops which have indoor housing facilities for animals and birds shall: (1) Be sufficiently heated or cooled to protect such animals from temperatures to which they are not normally acclima- tized. � (2) 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 that �the voluir,e of sir within any enclosed indoor fa.�ility shall be changed three times or more each hour. This may be accomplished through the location and periodic opening of doors and windo�vs. If fans or ventilating equipment are used, they shall be constructed in con- formance with current standards of good engineering practice with respect to noise, and minimization of �rafts. � (3) Have sufficient natural or art_ficial lighting to per- mit routine inspection and cleaning at any tirie of day.• In ad- dition, sufficient natural or artificial 1_ghting shall be sup- plied in the area of sinks and toilets to grovide for the,hygiene 1 2 3 � S 6 7 8 9 10 11 12 13 14 1S 16 ._. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 •' �a.�:v J of animal caretakers. I (4) Bave fnterior wall, ceiling, and floor surfaces con- structed of materials which are resistant to the absorption of moisture and odors, or such surfaces shall be treated with a sea- lant or with paint, when such materials are not originally re- sistant to moisture or odors. Floor surfaces shal� nat be �:ade of unsealed wood. In addition, interior walls shall be con- structed so that the interface with floor surfaces is sealed from the flow or accumulation of moisture or debris. (5) Contain a drainage system which shall be connected to a sanitary sewer or septic tank system which confcrms to the standards of building codes in force within the County and shall Ibe designed to rapidly remove water and exreta in the cleaning lof such indoor housing facility under any condition of we�ther or 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 sani- tary condition and a safe and effective disinfectant shall be used in the cleaninq of such facilities. SECTION 9. Facilities - Outdoors. Animal shelters, hobby kennels, kennels and pet shops which have outdoor facilities for animals and birds shall: (1} Be constructed to provide shelter from excessive sun- light, rain, snow, wind, or other elements. In.addition, such I�facilities shall be constructed to provide sufficient space for � the proper exercise and movement of each animal contained therein. (2) Be constructed to provide drainaqe and to prevent the accumulation of water, mud, debris, excre ta, or other r.:aterials , anc� shall be c��ignea to Faci2itate che rer,:�:•al o_' ariir.ial and food wastes. (3) Ee constructed with adequate walls or fences to contair the animals kept therein and to prevent entrance of other anir,:als. SECTIOt+ 10. Groor�ncr Parlors - Licer�se Reouire3. (lo) 1 2 3 � 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 . 30 31 32 33 • 1a�,iv J It is unlawful for any person to keep or maintain any grooming parlor without first obtaining a valid and subsisting license therefor. A fee of fifty dollars (550.00) for such license shall be assessed. However, if the groominq parlor is operated as a part of the business of a kennel, or a pet shop, a fee of twenty- five dollars •($25.00) shall be assessed. •Such fee shall be in addition to the fee established for a kennel, oz pet shop license. SECTION 11. Groominc Parlors - Con�itions. - Grcoming parlors shall: (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 the dog or cat while it is beinq groomed so that such animal shall neither fall nor 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 treatment or medicine that is the pro- vince of a licensed veterinarian as provided in RC47 18.92.010. (6) Not put more than one anir�al in each cage. SECTIOri 12. Additional Conditions. The Director of the Animal Control Authority is authorized to promulqate rules and regulations not in conflict with.this ordinance as they pertain to the conditions and operations of a.nimal shelters, hobby kennels, kennels, pet shops, and groor�ing parlors. Such rules and regulations may be enacted only after a public hearinq has been held for such purpose. Enforcement of these rules and regulations may be apoealed to the County Board of Appeals. _ _ SECTION 13. License - Revocation or F.efusal to Ren�a. The Animal Control Authority may in ad�ition to other.penalties provided herein, revoke or refuse to renew any animal shelter, hobby kennel, kennel., qroor�ing parlor or pet shop license upon ��� � I . � .: � � . . ' ' II 0 1 2 3 4 S 6 7 8 9 10 11 12 13 14' 15 16 17 18 19 20 21 22 23 24 25 26 27 2e i9 • 3a 31 32 33 /3 96 good cause or for failure to comply with any provision of this Iordinance provided, however, such revocation or refusal shall be only after a public hearing before the Board of Appeals held not less than thirty (30) days from the date notice is mailed by certified mail, postage prepaid, return receipt requested, to the license holder at the address given on the license. SECTION 14. License-Revocation or Refusal t4aitinc Perioc'. No applicant shall be issued an animal shelter, hobby kennel, kennel, grooming parlor, or pet shop license, who has previously had such license revo:ced 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 Article II, Sections 5- 9 herein,or any other provision of this ordinance to the satisfaction of the Animal Control Author�ty. • ARTICLE III - ENFORCE�TEiIT, PE2JALTIES �1ND PROCEDL'RcS SECTION 1. Enforcement Power. (1) The Director of the Animal Control Authority and his authorized animal control officers are hereby authorized to take ,such lawful action as may be required to enforce the provisions of this ordinance and the laws of the State of P7ashington as they pertafn to aaimal cruelty, shelter, welfare and enforcer,:ent of control. • (2) The Director of Animal Control Authority or his author- ized animal control officer 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 maintairied in the building ' fn viciwtion c� t�x� ordinance. (3) Provide3 that the Director of the Aninal Control Authority and his authorized aninal control officers, while pursuing any ani�:al observed by t:�e officer to be in violation of this ordinance, may enter upon any public or private property, -12- � �� � � � i�� �-� - _ 1 2 3 4 i 6 7 8 9 10 11 12 13 14 1S 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 .lu�J except any building designated for and used for private pur- poses, for the purpose of abating the animal violation beinq pursued. � (4) No person shall deny, prevent, obstruct or attempt to deny, prevent or obstrLct an officer from pursuing any animal observed to be in violation of this ordinance. Further, no persoa shall fail or neglect after a proper warrant has been pre- sented to promptly permit the Director or his authorized animal control officer to enter private property to perform any duty imposed by this ordinance. Any person violating this sub- division shall be guilty of a misdemeanor. SECTIOt1 2. Abatement. All violations of this code are determined to be detrimental to the public health,�safety, and welfare and are hereby de= clared to be public nuisances. All conditions which are �etermin- ed after review by the Director of the Aninal Control Authority to be in violation of this code shall be ab�ted. SECTIOt. 3. Misdemeanor. I Any person who allows an animal to be maintained in violation of this ordinance shall be guilty of a misdemeanor punishable �y fine of not more than two hundred and fifty dollars ($250.00) and/or imprisonment for a term not to exceed ninety (90) days. SECTIOt: 4. Civil Penalty. In addition to or as an alternate to any other penalty provided herein or by law, any person whose animal is mafntained in vio- lation of this ordinance shall incur a civil penalty plus bill- able costs of the Animal Control Authority. The penalty for the first notice of violation shall be ten dollars (510.00); twenty, five dollars for the second notice of violation in any one (1) year period� and fifty dollars (550.00) for eaeh sueeessive violations in any one (1) year period. SECTIO:d 5. �oundina. The Director of the Animal Control Authority and his authorized -13- � 1 .� 3 � S 6 7 8 9 10 I! 12 13 14 15 16. 17 18 19 20 21 22 23 24. 25 26 27 28 29 30 31 32 33 representatives may apprehend any animals found doing any of the acts defined as a public nuisance and/or beinq subjected to cruel treatment as defined by law. After such animals are apprehended, the Animal Control Authority shall ascertain whether they are licensed, or otherwise identifiable and if reasonably possible, return the animal to the owner together with a notice of violation of the code, and if it is not reasonably possible to immediately return the animal to its o�•�ner, the Animal Control Authority shall notify the owner within a reasonable time by cer- tified mail or telephone that the animal has been impounded and may be redeemed. Any animal impounded pursuant to this code shall be held for the owner at least seventy-two (72) hours, after his receipt of notification by certified mail or by telephone from the impounding agency. Any animal suffering from serious injury or disease, may be humanely destroyed, or in the`discretion of the impounding suthority may be held for a longer period and redeemed ' by any person on payment of charges not exceeding those prescribed herein. In case any animal is not redeemed, it shall be hur.:anely destroyed by euthanasia by the impoundinq agency or may be made available for adoption. No live animals shall belused for ex- perimentation purposes. Impounded animals shouldlbe taken to locations approved by the County Animal Control Authority and in accordance with R.C.�A. 16.13.030. The owner of any animal im- pounded pursuant to the provisions contained in this code may re- cover said animal or animals when all billable costs, redemotion fees, penalties.and boarding costs incurred in such impoundment are made payable to the County Treasurer, which may be accepted by the Animal Control Authority actinq as agent for the County.= SECTION 6. Additional Enforcec.^.ent. votwithstanding 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 co�ditions which constitute a violation of -14- � i 2 3 � i 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 n 23 24 25 26 27 28 29 30 31 32 33 � � 1396 this code or other regulations herein adopted. SECTION 7. Violations to be Abated. For purposes of this ordinance, nuisances are violations of this ordinance and shall be defined as follows: (1) Any public nuisance relating to aninal control known at comrion law or in equity jurisprudence. (2) A doq running at large within the County between the hours of 9:00 P.M: and 6:00 A.M. of the following day. (3) Any domesticated animal, whether licensed or not, which runs at large in any 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 walkinq or exercising an aninal in a public park or on any'public beach when such animal is on a leash, tether or chain not to exceed eight (8'j in length. Provided, however, that this section shall not apply to any blind person using a trained seeing-eye dog, to animal shows, exhibi- tions or orqanized 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 doq training classes. (4) 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, tb veterinary offices or hospitals, or to animal ahows, exhibitions or organized dog training classes where at least twenty-four hours advance notice has been given to the Animal Control • Authority, by sLch persons requesting to hold such animal showa, exhibitions or dog training classes. . � (5) A female domesticated anir.!al whether licensed or not, while in heat, accessible to oth�r anir::als for purooses other than controlled and glanned breedir.g. -15- 0 F' � . � 1_. . ; � . . � � �� . f3 96 � 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15' 16 17 18 19 20 Z1 22 23 24 25 26 27 26 Z9 30 31 32 33 � . . - (6) Any domesticated animal which chases� runs after, or I jwr.ps at vehicles using the public streets and alleys. . (7) Any domesticated animal which habitually snaps, gro�als, snarls, jumps upon or otherwise threatens persons lawfully usinq ' the public sidewalks, str�ets, alleys, or other public ways. (8) Any animal which has exhibited vicious propensities and which constitutes a danger to the safety of persons or propert�► �off his premises or lawfully on his premises. ' (9) A vicious animal or animal with vicious propensities ,which runs at large at any time, or such animal is 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 animal. (10) Any domesticated aninal which howls, yelps, whines, barks, or makes other oral noises, in such a manner as to,dis- turb any person or neighborhood to an unreasonable degree. (11) Any domesticated animal which enters upon ar.other person's property without the permission of that person. (12) Animals staked, tethered, or kept on public property without prior written consent of the County Animal Control Authority. (13) Animals on any public prooerty not under control by the owner or other co:�petent person. , I (14) Animals kept, harbored, or maintained and known to have a contagious disease unless under the treatment of a licensed veterinariaa. (15) Animals running in packs. SECTION 8. Cruelty Violations to be Abated. � It is unlsxful fcr.any person to: (1) Willfully and cruelly injure or kill any aninal by any means causinq it fright or pain. (2) Sy reason of neglect or intent to cause or alloa any animll to endure pain, sLifering or injury or to fail or n�clect I . � -16- . •• ., :'. 1 2 3 � S 6 7 8 9 10 il 12 13 14 15 16 17 18 19 • 20 • 21 22 23 24 25 26 r 28 29 3a 31 32 33 ' ' lvv J to aid or attempt alleviation of pain, suffering or injury he has I so caused to any animal. (3) Lay out or expose any kind of poison, or to leave ex- posed any poison food or drink for man, animal or fowl, or any stibstance or fluid whatever 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, un- less in accordance with the provisions of R.C.V?. 16.52.190. (4) Abandon any domestic animal by,dropping off or leaving such ani�ral on the street, road or highway, or in any other public place, or on the private oroperty of another. SECTION 9. l�otice and Order. (1) Whenever the Director or authorized animal control ' � officer has found an animal maintained in violation of this Code, the Director of the Animal Control Authority shall commence pro- ceedings to cause the abatement of each violation. (2) The Director or authorized anir.:al control officer shall issue a notice and order directed to the oorner or the person presumed to be the owner of the.animal maintained in violation of this ordinance. The notice and order shall contain: (a) The name and address if known of the owner or , person presumed to be the owner of the animal in violation of this ordinance. . (b) The license number, if available, and description of the animal in violation sufficient for identi- fication. i (c) A statement the Director or authorized animal . i cor,trol officer has founfl t`in anifial maintaine3 illegally ��ith a brief and concise description of the conditions, found to render the aninal in violation of this ordinance. (d) A stater,�.ent of the action re�uired to be taken � _J �• 1 � . ' . ' . ,` •�• �' � •II � • •� 1 2 3 4 S 6 7 B 9 !0 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 z9 30 31 32 33 ' � a�..�i J as determined by the Director of the Animal � Control Authority. (i) If the Director iias determined the ani�^al must be abated, the order shall require the abatement shall be completed within a time certain fzom the date of the order as de- termined by the Director to be. reasonable. (ii) If the Director of the�Anir,.al Control Author- ity 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 orfler. (e) Statements advising that if any zequired abate- ment is not commenced within the time specifie�', the Director of the Animal Control Authority will proceed to cause abatement and charge the costs thereof against the owner. (f) Statements advising (i) 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 Anir�al Control Authority to the i3oard of Appeals, provided the appeal is nafle in writing as , provided by this ordinance, and filed with the Director of the Animal Control Authority within 19 days from the date of.service of such notice and order; and (ii) that failure to appeal will con- stitute a waiver of all right to an administrative hearing and determination of the matter. • __.. .__ �3)_, The notice and order shall be served on the o�,ner or presumed owner of the animal in violation. . (4) Service of the notice and order shall be made upon all persons entitled thereto either pezsonally or by r.iailing a copy �of such notice and order b� certified r.:ail, postaoe prepaid, -is- 0 i � • . .. , � , ' � . � , , , '.� , , � - 3�� �� � . 1 2 3 � S 6 7 8 9 10 11 12 13 � 14 15 16 17 18 19 20 21 22 23 24 Z5 26 27 28 29 . 30 31 32 33 return receipt requested, to the person at his address as it appears on the last equalized assessment roll of the county. (5) Proof of service of the notice and order shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. (6) The standards of the animal control ordinance shall be followed by the Director of the Animal Control Authority in determininv the existence of an animal control violation and in determining the abatement action required. SECTION 10. Appeal. (1) Appeals. The King County Board of Appeals as estab- lished by Article 7 of the Kinq County Charter is hereby desiq- nated to hear appeals by parties aggrieved by action� of the Director of the Animal Control Authority pursuant to this'ordin- ance. The Board may adopt reasonable rules or regulations for conducting its business. Copies of all rules and regulations adopted by the Board shall be delivered to the Director of the Animal Control Authority who shall make them freely accessible to the public. All decisions and findings of the Board shall be rendered to the appellant in writing with a copy to the Director of the Animal Control Authority. (2) Form of Appeal. P.ny person entitled to service under Article III, Section iI (2) may appeal from any notice and order or any action of the Director of the�Animal Control Authority under this Code 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 containinq: . (a) A heading in the words: "Before the Bo�rd of Appeals of the County of fiing.". (b) A caption reading: "Appeal of ' giving the na^es of all appellants partici�ating in the appeal. � -19- ' � .i ' , ' . �;�'': I��� ��• /396 . i - . ( 1 Z 3 � S 6 7 8 9 10 11 12 13 14 15 16 17 -18 19 20 21 22 23 24 25 26 27 28 29 3� 3t 32 33 (C? A brief statement setting forth the legal inter- est of each of the appellants in the animal in- volved in the notice and order. (d) A brief statement in concise language of the apecific order or action protested, together with any material facts clai�red to support the con- tentions of the appellant. , (e) A brief statement in concise languaqe of the re- lief sought, and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside. (f) The signatuzes of all parties names as appellants, ' and their official mailing addresses. '� (g) The verffication (by declaration under penalty of perjuryi of at least one appellant as to,the I � truth of the matters stated in the appeal. �3) Scheduling and hotfcing Appeal. The Board af AppeaZs i�shall set a time and place, not more than thirty i30) days from �such notice of appeal for hearing thereon, Written notice of the i time and glace of hearing shall be.given at least ten (10) days prior to the.date of the hearing to each appellant by the manaqer- clerk of the Board. _ (9) At the heazinq the appellant shall be entitled�to appear fn person and be represented by counsel ar.d offer such evidence pertinent and material to the action of the Director. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered. (5? Failure of any Qerson to file an appeal in accordance w3th Article II, Section 10 siiall constitute a waiver of his ri;::! �to an administrative ltearing. . (6) Enforcement of any notice and order of the Director of the �lnimal Control Authority issued under this ordiriance shall be stayed during the pending of an appeal exceot irnour.dr..ent of -20- . u i i .: .' . ' ', . , •.....� 'r' • � 1 2 3 � S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 Z9 3� 31 32 33 an animal which is (i) vicious or dangerous or (ii) cruelly treated. . SECTION 11. Redemption Procedures. Any animal impounded pursuant to the provisions of Article III, Section 5 may be redeemed uoon payment of the redemption fee as provfded herein. The redemption fee fcr an animal shall be ten dollars (510.00) for esch animal plus an additional fee of tao dollars ($2.00) for each twenty-four (29) hour or portion there- of period durinq which such animal is retained by the impoundinq agency and shall be made payable to the County Tressurer. The boarding cost for livestock impounded shall be in accordance with the rate established by contract bet�een the County and the given stockyard used for holding such animal. SECTION 12. Removal. . . _ � Any animal constituting a public nuisance as provided herein shall be abated and removed from the county by the owner or by the Director of the Animal Control Authority, upon receipt of three notices and orders of violation by the owner in any one year period. 4h�ere it is established by record pursuant to this ordinance and no finding was entered showing that the owner will be able to provfde reasonable restraints to protect the public from repetitions of violations, the Director of the Animal Control Authority shall notify and direct the owner of said animal to abate or remove the same .fro�n the county within ninety-six (96) hours from the date of notice. If such animal is found to be within the confines of King County after ninety-six (96) hours have elaosed from the date of notice, the same shall be abated and removed by the Director of the Animal Control Authority. • Animals removed puzsuant to the provisions of this section shall be rer�oved from King County or be subjected to euthanasia by the , Anircal Control Autharity. S�CTIOtv 13. Personal 051ications. Tl�e civil penalty and the cost of abater:ent are also personal -21- 0 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15' 16 �7 18 19 20 21 22 23 24 25 2b 27 28 29 3� 31 32 33 . •�%.31G ' . . �bligations of the animal owner. The prosecutiing attorney on �ehalf of Kinq County may collect� t:�e civil penalty and the abatement work costs by use of all appropriate legal renedies. SECTION 14. Costs of Enforcement Action. In addition to costs and disbursements provided for by statute, the prevailinq party in a collection action under this ordinance a►ay, in the court's discretioa, be allowed interest and a reason- able attorney's fee. The Prosecuting Attoiney shall seek such costs, interest, and reasonable attorney's fees on behalf of Kiag�County when the County is the prevailing party. INTRODUCED AND READ for the first time this %� day of ,(,«�,� , 19 �. PASSED this lD�. day of /���.�L� � , 19 �. KItJG COUNTY COUt3CIL � KING COUNTY, WASliItiGTO?� . .��,�� . Chai . n ATTEST: � nistra Ki g County . APPROVED this ��day of �/,r/'��r , 19�� ���� � f ,;•�iar��te-`. King;:County �:xe�.Ltive Jf . `�. 0 Chapters: 11.02 11.04 11.08 11.12 11.20 11.24 11.28 11.32 Title 11 ANIMAL CONTROL1 Ania�.al �:ontrol Division Ania�,al c:ontrol Regulations Dog Learjh Law Rabies C:ontrol DisposiL-ion of Fowl and Rabbits Stoc k Reaetricted Area Exotic ��nimals Guard Doga 1•(Milk regulat.ions, animal health, see § 8.48.610.J 367 A?dIMAL CONTROL ANIMAL CONTROL SEC.TION Sections: 11.02.010 11.02.020 11.03.030 Chapter 11.02 ANIMAL CONTROL SECTION Es�tablished. Of`fice, of manager created - Compensation. Cantract - Authorization. 11.02.010 - 11.02.030 11.02.010 Estz:blished. There is established in the Division of General Services an A:aimal Control Section. The Animal Control Section is by this chapter desig.zated the agency authorized to enforce animal control laws. (Ord. 1361 S 4, 1�72: Ord. 1269 S 1, 1972). 11.02.020 �ffi.ce of manager created - Compensation. There is established within the animaJ. control section of the division of General Services the position of '°Maniger-Animal Control Section" to be compensated at a rate established b5� the county personnel division. (Ord. 6370 S 1, 1983: Ord. 1269 g 3, 1972). 11.02.030 Coratract - Autborization. The county executive is authorized to enter into agreement with any or all other municipal corporations in King County for the licensing and enforcement of local municipal ordinances relating to ar:ima.l control, and with other legal entities for the purpose of dead animal dispo:�al. (Ord. 6370 g 2, 1983: Ord. 1370 g 1, 1972). Chaptet 11.04 ANIMAL CONTROL REGULATIONS1 Sections: 11.04.010 Purpose. 11.04.020 Definitions. 11.04.030 11.04.040 11.04.050 11.04.060 11.04.070 ii.oa.oao 11.04.090 11.04.100 11.04.110 I. GENERAL PROVISIONS II. LICENSING Dcaq and cat licenses required. Armimal shelter, kennel and pet shop license - Required. Ac�imal shelter and kennel license - Information required. Hcabby kennel license - Required. Ac�imal shelters, kennels and pet shops - Reporting reaquired. Aiyimal shelters, kennels and pet shops - Inspection. Aciimal shelters, kennels and pet shops - Conditions. Ariimal ahelters, kennels and pet shops - Indoor f�rcilities. Acrimal shelters, kennels and pet shops - Outdoor f�tcilities. •(For statut��ry provisions regarding the county dog license tax, see RCW 36.49; for �:rov��.sions regarding dog control zones, see RCW 16.10. For statutory prcvisi.ons regarding prevention of cruelty to animals, see RCW 16.52.] 36$ (King County 6-83) � 11.04.010 - 11.04.02[1 11.04.120 11.04.130 11.04.140 11.04.150 11.04.160 11.04.170 11.04.180 11.04.190 11.04.200 11.04.210 11.04.220 11.04.230 11.04.240 11.04.250 11.04.260 11.04.270 11.04.280 11.04.290 11.04.300 11.04.310 11.04.320 11.04.330 11.04.340 ANIMAL CONTROL Grooming parlors - License required. Grooi�iing parlors - Conditions. Anim::�l s;zelters, hobby kennels, kennels, pet shops, groor.�ing parlors, guard dog purveyors, guard dog trair�ers and guard dog owners - Additional conditione. Licer►ses, registration - Revxatio�, suspension or refu:�al to renew. Licer►ses, registration - Revxation or refusal waitinq periad. III. ENFORCEMENT, PENALTIES AND PROCEDURES EnfoY�cemant power. Viol�itions - Deemed nuisance - Abatement. Viol<<tioas - Misdemeanor - Penalty. Viol.►tions - Civil penalty. Impoundi r�g . Addit:ional enforcement. Nuisc:�nces defined. Un1aL�fu1 acts against police department dogs - Penalty for ��iolation. Crue_.ty to animals - Unlawf ul acts designated. Viol.:�tio:as - Notice and order. ' Appe<�ls . Reder�iption procedures. Nuisr:►nce� - Removal. Civi:l. penalty and abatement costs - Liability of owner. Cost:s of additional enforcement. Miscr�lla�neoua Service Charges. Addi'�ional Rules and Regulations. Seve;^ability. I. GENEFtAL PROVISIONS 11.04.010 Purpos�. It is declared the public policy of the county to secure and maintain .auch levels of animal control as will protect human health and safety, and tc� the greatest degree practicable to pevent injury to property and cruelty to animal life. To this end, it is the purpose of this chapter to provide a means of licensing dogs, cats, animal shelters, hobby kennels, kennels and pet� shops and controlling errant animal behavior so that it shall not becom�: a public nuisance and to prevent cruelty to animals. (Ord. 1396 Art. I $ :?, 1972y. 11.04.020 Defini�ione. In construing the provisioas of this chapter, except where otherwise ��lainly declared or clearly apparent from the context, words used herein sha.11 be given� their cownon and ordinary meaning; in addttion, the following definitions shall apply: A. "Abatement" means the termination of any violation by reasonable and lawful means determ:�ned by the director of the animal control authority in order that an owner or a person presumed to be the owner shall comply with this chapter. e. "Animal" mea:ls any living creature except man, insects and worms. C. "Animal con�:rol authority" means the county animal control section, division of general aervices, acting alone or in concert with other municipalities for E�nfo.ccement of the animal control laws of the county and state and the sheltec and welfare of animals. D. "Animal cont:rol ot:icer" means any individual employed, contracted or (King County 6-83) 369 ANIMAL CONTROI� REGULATIONS 11.04.020 appointed by the animal control authority for the purpose of aiding in the enforcement oE this chapter or any other law or ordinance relating to the licensing of animals, control of animals or seizure and impoundment of animals, and i.ncludes any state or municipal peace officer, sheriff, constable or other emplc�yee whose duties in whole or in part include assignments which involve the seizure and taking into custody of any animal. E. "Dome;aticated animal" means those domestic beasts as any dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep or hog, or other animal made tc be domestic. F. "Euth�:�nasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method t:�at causes painless loss of consciousness, and death during such loss of consciousness. G. "Groon:,ing parlor" means any place or establishment, public or private, where animals are bathed, clipped or combed, whether or not far compensation, for the purpose o�' enhancing their aesthetic value. H. •Harburinc�, keeping, or maintaining a dog or cat" means performing any of the acts of providing care, shelter, pratection, refuge, food, or nourishment iri such manner as to control the animals actions, or, that the animal(s) is t.reat:ed as living at one's house by the homeowner. I. "Hobby keiinel" means a noncommercial kenael at or adjoining a private residence whece f��ur or more adult dogs or cats are bred or kept for hunting, training and �:xhibition for organized shows, field, working and/or obedience trials, or for en_;oyment of the species. J. "Kennel" :neans a place where four or more adult dogs or cats or any combination tr�ere��f are kept, whether by owners of the dogs and cats or by persons proviciing facilities and care, whether or not for 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 unalteced, that has reached the age of four months. K. "Livestock" means horses, bovine animals, sheep, goats, swine, reindeer, donkeys and mules. L. "Owner." Any person having an interest in or right of possession to an animal or ,:iny person having control, custody or possession of any animal, or by reason of the animal being seen residing consistently at a location, shall be presumed to be the owner. M. "Pack� of dogs" means a group of three or more dogs running upon either public or private property not that of its owner in a state in which either its coi.trol or ownership is in doubt or cannot readily be ascertained, and when such 9og�: are not restrained or controlled. N. "Perso�" r:ieans any individual, partnership, firm, joint stock company, corporation, a.asociation, trust, estate or other legal entity. 0. "Pet shop'" means any person, establishment, store or department of any store that ac�;uires live animals, including birds, reptiles, fowl and fish, and sells, or ofrers to sell or rent such live animals to the public or to retail outlets. P. "Running �:it large" means to be off the premises of the owner and not under the con�.rol of the owner or competent person authorized by the owner, either by leash oc verbal voice and/or signal control. Q. "Shelter" means a facility which is. used to house or contain stray, homeless, aba,idoned or unwanted animals and which is owned, operated or maintained by a t�ublic body, an established humane society, animal welfare society, society cor the prevention of cruelty to animals or other nonprofit organization or pe:rson devoted to the welfare, protection and humane treatment 370 (King County 6-83) 11.04.020 - 11.04.O::fO ANIMAL CONTROL of animals. R. "Under cantrol" means the animal is under voice and/or signal cc+ntrol so as to be thereby re:�trained from approaching any bystander or other animal and frc+m causing c�r being the cause of physical property damage when off of a leash or c►ff �the prt:mises of the owner. S. "Vicic+us" m.eana the propensity to d� any act that might endanger the safety of any per.3on, animal or property of anc+ther, including, but not limited to, a disposition tn mischief or fierceness as might occasi�nally lead tc+ attack on human beings with�ut pr�vocation, whether in play or outbreak c+f untrained nature. (Ord. 6370 $ 3, 1983: Ord. 4610 S 1, 1979: Ord. 2428 S 1, 1975: Ord. 2085 S 1, 1974: Ord. 1396 Art. I g 3, 1972). II. LICENSING 11.04.030 Doq a�zd cat licenses required. A. LICENSE REQUIREI�NTS. All d�gs and cats ha=bc�red, kept or maintained in King Cc�unty over six months c+f age shall be licensed and registered annually; prc+vided, hc►wever, that dogs kept in kennels r�eed not be licensed as provided in Section 11.04.040; provided further, that this section shall not apply to dc+gs used by the department of publi�: safety fc+r police Work. B. FEES. Dc+g and cat licenses�shall be issued by the animal control section upc+n applicatian and payment of an annual license fee made payable to the county comptrolLer accc+cding to the frllc+wing schedule: l. Fnr all d��g a.nd cat licenses issued between April 1, 1983, and April 1, 1984, the sum c�f nineteen dollars for dogs and eleven dollars for cats; provided that when pro��f is submitted that such dc+g or cat has been neutered or spayed, the fee shall be nine dollars f�r d�gs and six dollars for cats; 2. Fot all l.icer�ses issued on and after May 1, 1984, the sum of twenty (S20? dollars for 3ogs and twelve {$12) d�llars for cats; provided that when prc+rf is submitted that such d�g oc cat has been neutered or spayed, the fee shall be ten (�10) 3ollars for dc�gs and seven ($7) dc+llars for cats; 3. Licenses issued after April 1, 1983 but pric+r to April 1, 1984 will be valid until Apr�.l 30, 1984. Licenses issued on and after May 1, 1984 will be valid f�r a tetm �E �ne year fr�m the date c+f issuance, expiring on the last day of the teielfth month. There is no proration c+f any license fees. Renewal licenses will retain the original expiration period whethec renewed prinr tc+, c+n, c+r after their cespective renewal m�nth; 4. King Cour�ty residents sixty-five years of age c+r older may p�rchase a special permanenc license for the lifetime of cats or dogs for which they are the registered owiiers when said animals are maintained at said owner's registered address. T'�e special permanent animal license fee is twenty ($20y dc+llars per licensed 9og and twelve ($12) dnllars per licensed cat. Such cesidents shall nc�t ba required to annually purchase a new license foc the lifetime �f such licer.sed animals; p mvided, that no persc+n shall be issued mc+re than three (3 ) sF�ecial permanent animal licenses for any combination of three (3) cats and dc+g:: fc+r which they are the registered owner; 5. Applicati�ns for a dc+g or cat license shall be on forms provided by the animal cc+ntrc►1 sect::i�n; 6. All lice�se tags issued herein shall be securely affixed tc+ a substantial c�llar, har�ness or c+ther means and shall be wotn by the dog at all times. �s an alt�rna:ive t� a license tag, an animal may be identified as licensed by being tatt�c+ed c+n its right ear or �n its inside right thigh or groin with a licen�e number approved or issued by the animal ec►nt mi seetion. C. P�NALTY, '_. A Late penaltl shall be charged �n all dc+g and cat (King Crunty 3-8-1) 371 ANIMAL CONTRGL RF:GULATIONS 11.04.030 - 11.04.040 license appli.cati�ns, according to the following schedule: a. Dc+y ��nd cat licenses issued after April 1, 1983 but prior tc+ April 1, 1984, a late penalty of twenty-five (S25) dc►llars per animal if received after April 30, 1.983; b. Dc�g and cat licenses issued on May 1, 1984, a late penalty of twenty-five ;$25) dollars per animal, if the license applied for is a new license appl�.cation and the exceptions under K.C.C. 11.04.030 C.2. belc+w do not apply; ten ($10) dollars per animal, if the license applied for is a renewal lice�ise application and it is made after thirty (30) days of its expiratic+n; t:wenl:y {$20) dollars per animal, if the license applied for is a renewal lice��se application and it is made after sixty (60) days but within ninety (90), days of its expiratic►n; forty (S40) dollars per animal, if the license applied 1:c+r is a renewal license application and it is made later than ninety (90) days fr�m its expiratic+n. 2. No late penalty shall be charged if: a. The rwner submits prc�c+f of purchase �r acquisition of the animal within the pcaceding thirty (30} days; �r b. The rwnet has moved into the county within the preceding thirty (30) days; or c. T.�e animal is currently or has been within the preceding thirty (30) days, un3er the age which requires a license (six months); or d. T!�e licenaes are issued after April 1, 1983 but prior tc+ April 1, 1984 only, atid the owner purchases the license(s) voluntarily, prior to in person �r field contact by animal control personnel; or, e. T�ze owner submits other prc+c+f deemed acceptable in the section's administrativ�. rules and regulatic►ns. D. FEES �OLLECTED. All fees and fines collected under this chapter shall be deposited in the cc►unty current expense fund. E. CHECRS. It shall be a violation of this chapter for any person to knowingly issue a check for which funds are insufficient or to stop payment c+n any check wi:itten in payment of fees contained in this chapter. Any license(s) oc penalties paid for with such checks are, in the case of the license, invalid; and in the case of the penalty, still outstanding. Cc�sts incurred by t;ie cnunty in callecting checks of this nature shall be c�nsidered a cost of abatement and are persc+nal c►bligatic+ns of the animal c�wner under K.C.C. 11.04.300. F. NONAPPLICABILITY. The provisions of this sectic+n shall nc+t apply to d�gs c+r cats in the custody of a veterinarian or animal shelter or whose owners are i�onrc�sidents tempc+rarily within the county for a peri�d n�t exceeding thi��ty �9ays. (Ord. 6702 g 1, 1984; Ord. 6370 g 4, 1983: Ord. 5805 S 1, 1981: Or�i, 4552 S 1, 1979: Ord. 3980 S 1, 1978: Ord. 3187 S 1, 1977: Ord. 2869, 1976: 0.=d. 2158 S 1, 1974: Ord. 1691 S 1, 1973; Ord. 1396 Art. II g 1, 1972) . 11.04.040 Animal ahelter, kennel and pet shop license - Required. It is unlawful for �:iny person tn keep or maintain any animal shelter, kennel c+r pet shop within King County withc+ut first �btaining a valid and subsisting license therefc+r� A fee of one hundred fifty dc+llars for such license shall be assessed nc+t �pon individual animals but upon the owner or keeper of an animal shelter, kenr�el or pet sh�p. Each license and certificate of inspection issued pursuant tc+ this chapter shall be conspicuously displayed at the establishment tr which such license was issued. The license shall be dated and numbered ;ind shall bear the name �f King County, Washington, and the name and address c+f ttie �wner or keeper �f the establishment, and the expiratic+n 372 (King Crunty 3-84) AAIItNAL CONTROL REC�Ur.F,TIONS 11.04.040 - 11.04.060 date of the licenc�e. The license shall run for a period of one year from the date of purchase. (Ord. 4610 S 2, 1979: Ord. 1396 Art. II S 2, 1972). 11.04.050 Anin�al shelter and kennel license - Information required. A. ZONING COMPLIE►NCE. The applicant for an original animal shelter or kennel license shall pre:;ent to the animal control authority a written statement from the county L�epa.�tment of Planning and Community Development that the establishment of the animal shelter or kennel at the proposed site is not in violation of :he King County zoninq code, has a legal nonconforming zoning status, or a c�nditional use permit has been issued for the intended use. 8. HEALTH IN:�PECTION. Before an animal shelter or kennel license may be issued by the animal control authority, a certificate of inspection from the Seattle-King C.oun�::y Health Department or King County Animal Control Section must be issued shc,wing that the animal shelter or kennel is in compliance with Sections 11.04.08G, 11.04.090, 11.04.100 and 11.04.110. (Ord. 2428 S 2� 1975: Ord. 1396 Art. II S 3, 1972y. 11.04.060 ,iob�y kennel license - Required. A. LICENSE REQUIRED. It is unlawful for any F�.�erson to keep and maintain any dog or cat within the county for the purpo;:;es of a hobby kennel without obtaining a valid and subsisting license theref�r. The fee for such liecense shall be assessed upon�the owner or keeper of sucl� animals and shall be twenty dollars. In addition, each animal shall b�� licensed individually under provisions of Section 11.04.030B. B. LIMITA'CION.ON NUMBER OF DOGS AND CATS ALLOWED. The total number of dogs and cats uver four months of age kept by a hobby kennel shall not exceed the total numbfar uuthorized by the King County animal control section based on the following �3uidelines: 1. Anim��l size; 2. Type and characteristics of the breed; 3. The .imount of lot area; provided, that the maximum number shall not exceed twenty-Eive where the lot area contains five acres or more; the maximum number shall not E�xceed ten where the lot area contains thirty-five thousand square feet; 4. The Eaci.lity specifications/dimensions in which the dogs and cats are to be main�:.ainad; 5. The zoning classification in which the hobby kennel would be maintained. C. REQUIR].:MEN'rS. 1. All oper� run areas shall be completely surrounded by a six-foot fence set back at least twenty feet from all property lines. For purposes of this section "�)pen run area" means that area, within the property lines of the premises on wrich the hobby kennel is to be maintained, where the dogs and cats are she:l.ter��d or maintained. If there ,is no area set aside for sheltering or naintaining the dogs and cats within the property lines of the premises the twenty foot setback does not apply. The property lines of premises not contuining an open run area must be completely surrounded by a six-foot fence; 2. No r�omm�rcial signs or other appearances advertising the hobby 372-1 (King County 6-83) 11.04.060 - 11.04.08ii ANIMAL CONTROL .� kennel are permitted on the property or in any publication, book or newspaper, except for the sale c�f the allowable offspring set focth in this section; 3. The director may require setback, additional setback, fencing, screening or soundproof::.ng requitements as he deems necessary to insure the compatibility of the hotby kennel with the surrounding neighbothood. Factors to be considered in c;ete�:mining such compatibility are: a. Statement.s r�garding approval/disapproval of surrounding neighbors relative to maintenar�ce ��f a hobby kennel at the address applied for; b. Past hisi:ory of animal control complaints relating to the dogs and cata of the applicant: at the addresa for which the hobby kennel is applied for; c. Facility sper_ifications/dimensions in which the dogs and cats are to be maintained; d. Animal size, type and charactetistics of breed; e. The zoning classification of the premises on which the hobby kennel is maintained. 4. The hobby kennel shall limit dog and cat reproduction to no more than twelve offsprincl pe:c license year; 5. Each dog and cat in the hobby kennel shall have current and proper immunization from disease according to the dog's and cat's species and age. For dogs auch shall consist of DSL innoculation for dogs over three manths of age and rabies innoc�lations for those over six months of,aqe. D. LICENSE ISSU��NCE AND MAINTENANCE. Only when the directoc is satisfied that the requirement.s of K.C.C. 11.04.060C.1. through 5. have been met, a hobby kennel license ma;� be issued. The license will continue in full force throughout the licen::e y��ar unless, at anytime, the hobby kennel 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 co:nply with any of the requirements of K.C.C. 11.04.060C.1. through 5. (Ord. 63'►0 S 5, 1983: Ord. 4610 g 3, 1979: Ord. 4269 $ 1, 1979: Ocd. 2428 S 3, 19�75: Orc9. 1396 Art. II g 4, 1972). 11.04.070 Animal shelters, kennels and pet shops - Reporting required. Each animal shelter, kennel or pet shop shall provide a list to the animal control authority, qiarterly, based upon the calendar year, of all dogs and cats auctioned off, <:.�iven away, sold or otherwise disposed of. The list shall include the origin, the age and type of dog or cat, and the name and address of the person to whom tiie dog or cat was given or purveyed. (Ord. 2428 S 4, 1975: Ord. 1396 Art. II y 5, 1972). 11.04.080 Animal ahe].ters, kennels and pet shops - Inspection. A. INSPECTION. It sha.:�l 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 oc cause to be made such inspections as may be necessary to insuYe compliance wi��h Sections 11.04.090, 11.04.100 and 11.04.110. The owner or keeper of an animal shelter, kennel or pet shop shall admit to the premises, for the E>urpose of making an inspection, any officer, agent or employee of the Seattl�-King County department of public health or animal control authority at any reasonable time that admission is requested. B. UNSANITARY ��ONDITIONS UNLAWFUL. It is unlawful to keep, use or maintain within King County any animal shelter, 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 11.04.070, 11.04.090, (King County b-83) 373 ANIMAL CONTR01.� RE��ULATIONS 11.04.080 - 11.04.100 11.04.100 and 11.04.110 and may be cause for revocation or denial of such license. (Orcl. 2�428 S 5, 1975: Ord. 1396 Art. II S 6, 1972). 11.04.090 Aniwal ahelters, kennels and pet ahops - Conditions. Animal shelters, kenr,els and pet shops shall meet the following conditions: A. Housir�g 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 prot�.ct the animals from injury; shall contain the animals; and shall restrict the c�ntr;3nce of other animals. B. ElectYic :?ower shall be supplied in conformance with city, county, and state electrical codes adequate to supply lighting and heating as may be required by t,�is chapter. Water shall be supplied at sufficient pressure and quantity to clear.. indoor housing facilities and primary enclosures of debris and excreta. C. Suitat�le food and bedding shall be provided and stored in facilities adequate to p��ovi3e protection against infestation or contamination by insects or rodents. tefrigeration shall be provided for the protection of perishable foods. D. Provi�ion 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 rod��nts or disease, and from obnoxious or foul odors. E. Washrc�om facilities, including sinks and toilets, with hot and cold water, must be: conveniently available for cleaning purposes, and a large sink or tub provide�d fc�r the purpose of washing utensils, equipment and facilities. F. Sick anin;als shall be separated from those appearing healthy and normal and, i1' for sale, shall be removed from display and sale. Sick animals shall be kept. in isolation quarters with adequate ventilation to keep from contaminating wel:i. animals. G. There sha:11 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 cepartment held for sale or display. H. An emFloyE�e or owner shall come in to feed, water and do the necessary cleaning of arima;_s and birds on days the store or shop is closed. I. No pe�son, persons, association, firm or corporation shall knowingly sell a sick or in:jured animal or bird. J. No Fersun, persons, association, firm or corporation shall misrepresent ,�n ��nimal or bird to a consumer in any way. (Ord. 2428 § 6, 1975: Ord. 1356 Ar.t. II S 7, 1972). 11.04.100 Aniu�al shelters, kennels and pet shops - Indoor facilities. Animal shelte�:s, kennels and �pet shops which have indoor housing facilities for animals ard b::rds shall: A. Be s��ffi�:iently heated or cooled to protect such animals from temperatures t:o wt,ich they are not normally acclimatized; B. ee ac'tequ,xtely ventilated to provide for the health of animals contained thea:ein and to assist in the removal of foul and obnoxious odors. Provision sha::.l be made so that the volume of air within any enclosed indoor facility shall be changed thzee times or more each hour. This may be accomplished •::hro�.�gh the location and periodic opening of doors and windows. If fans or �ent:ilating equipment are used, they sha11 be constructed in conformance w:th current standards of good engineering practice with respect 379 (King County 6-83) 11.04.100 - 11.04.13u ANIMAL CONTROL to noise and minimization of drafts; C. Have sufficient natural or artificial lightinq to permit coutine inapection and cleaning at any time of day. In addition, sufficient natural or artificial lighting �hall be supplied in the area of sinks and toilets to provide for the hygit::ne of animal caretakers; D. Have interio: wall and ceiling surfaces constructed of materials which are resistant to the absorption of moisture and odors, or such surfaces shall be treated With a se:alant or with paint, when such materials are not originally resistant to moisture ot odors. Floor surfaces shall not be made of unsealed wood. :[n addition, interior walls shall be constructed so that the interface with floor surfaces is sealed from the flow or accumulation of moisture or debris; E. Contain a dr3inage system which shall be connected to a sanitary sewer or septic tank syst�m rrhich conforms to the standards of buildinq codes in force within the countS� and shall� be designed to rapidly remove water and excreta in the clean:ing of such indoor housing facility under any condition of weathec or temperature; provided, this requirement shall not apply to hobby kennels and pet shol�s. All indoor housing facilities for animals, fish, or birds shall be maincained in a clean and sanitary condition and a safe and effective disinfectant shall be used in the cleaning of such facilities. (Ord. 2428 S 7, 1975� Or3. 1396 Art. II S 8, 1972). • 11.04.110 Anisal ahelters. kennela and pet ahopa - Outdoor facilities. Animal shelters� kenne].s and pet shopa which have outdoor facilities for animals and birds shall: A. Be construct�=d t.o provide shelter from excessive sunlight, rain, snow, wind, or other eleme.lts. In addition, such facilities shall be constructed to provide sufficient �pac�: for the pcoper exercise and movement of each animal contained therein; B. Be constructed t;o provide drainage and to prevent the accumulation of water, mud, debris, ex�:reta, or other materials and shall be designed to facilitate the remov�il of animal and food wastes; C. Be constructed �rith adequate walls or fences to contain the animals kept therein and to prevent entrance of other animals. (Ord. 2428 S 8, 1975: Ord. 1396 Art. II g�, 1972). 11.04.120 Groomi��q parlors - License required. It is unlawful foc any person to keep or maintain any grooming parlor without first obtaining a valid and subsisting licEnse therefor. A fee of one hundred dollars foc such license shall be as::ess�ed. However, if the grooming parlor is operated as a part of the busines:: of a kennel, or a pet shop, a fee of fifty dollars shall be assessed. Such fee shall be in addition to the fee established for a kennel, or pet shop lic�ense. (Ord. 4610 � 4, 1979: Ord. 1396 Art. II S 10, 1972). 11.04.130 Groomi:iq Farlors - Conditions. Grooming parlors A. Not board an�mals but keep only dogs and cats for a reasonable order to perform the business of grooming; H. Provide such restraining straps for the dog or cat while it groomed so that such animal shall neither fall nor be hanged; C. Sterilize al�� ecuipment after each dog or cat has been groomed; D. Not leave animals unattended before a dryer; (King County 6-d3) 375 shall: time in is being � � ANIMAL CONTROL RE�;ULATIONS 11.04.130 - 11.04,170 E. Not presciibe treatment or medicine that is the province of a licensed veterinarian as pcovided in RCW 18.92.010; F. Not put more than one animal in each cage; G. All f loors and walls in rooms, pens and cages used to or in areas wt,ere animals are clipped, groomed or treated must of water impervious material that can readily be cleaned, maintained in good repair; retain animals be constructed and must be H. Hot ar�d cold water must be conveniently available and a large sink or tub provided (mir�imum size twenty-four inches by eighteen inches by twelve inches}; I, Toilet. anc9 handwashing facilities with hot and cold running water must be conveniently available for personnel employed; J. Only ec�uipment necessary to the operation of the licensed establishment shal.l be kept or stored on the premises and shall only be stored in a sanitary or c�rderly manner; K, All c�:�ges, pens, or kennels used for holding animals shall be kept in a clean and sanitary condition and must be disinfected on a routine basis. (Ord. 2428 S 9, 1975: Ocd. 1396 Art. II $ 11, 1972), 11.04,140 Anin►al ahelters, hobby kennels, kennels, pet shope, grooming parlors, guard doy purveyocs, guard dog trainers and guard dog owners - Additional conditions. The director of the animal control authority is authorized to promulgate rules and regulations not in conflict with this title as they pertain to the conditions and operations of animal shelters, hobby kennels, kennels, pet shops, and grooming parlors, guard dog purveyors, guard dog trainers ��nd guard dog owners. Such rules and regulations may be enacted only after a public hearing has been held for such purpose. Enforcement of these rules a;►d regulations may be appealed to the county board of appeals. (Ocd. 3232 S 10, 1977: Ord. 1396 Art, II S 12, 1972). 11.04.150 Licf:nses, reqistration - Revocation, suspension or refusal to renew. The �:�nim.sl control authority may, in addition to other penalties provided in this title, revoke, suspend or refuse to renew any animal shelter, hobby kennel, ken�iel, grooming parlor, pet shop, guard dog purveyor, guard dog trainet licen:.;e or guard dog registration upon 9ood cause or for failure to comply with any provision of this title; provided, however, enforcement of such revocatic,n, �uspension or refusal shall be stayed during the pendancy of an appeal filed pursuant to Section 11.04.260. (Ord. 3232 g 11, 1977: Ord. 2428 S 10, 1975: Urd. 1396 Art, II $ 13, 1972). 11.04.160 Licenses, registration - Revocation or refusal waiting period. No applicant :.hal:� be issued an animal shelter, hobby kennel, kennel, grooming parlor, pet sl�op, guard dog purveyor, guard dog• trainer license or guard dog registration who l�as previously had such license or registration revoked or a renewal refus�:d, for a period of one year after the date of revocation or refusal and u::�til such applicant meets the requirements contained in Sections 11.04.070 througl-. 11.04,110 or any other pzovision of this title to the satisfaction <�f t.he animal control authority. (Otd. 3232 S 12, 1977: Ord. 1396 Art. II � 14,. 1972). III. ENFORCEMENT, PENALTIES AND PROCEDURES 11.04.170 Enfc�rcement power. A. The director of the animal control 376 (King County 6-83) 11.04.170 - 11.04.210 ANIMAL CONTROL authority and his authorized animal control officers are authorized to take such lawful action 3s �nay be requiced to enforce the provisions of this chapter, the provisicns of Resolution 25789, as amended, Title 21 K.C.C., as they pertain to thE.+ kE;eping of animals, and the lawa of the state of Washington as they pertain to animal cruelty, shelter, welfare and enforcement of control. B. The director of the animal control authority or his authorized animal control officer shall nct enter a building designated for and used for private purposes, unlesa a pcoper warrant has first been issued upon a showing that the officer has reasc:nabie cause to believe an animal is beinq maintained in the building in violacion of this chapter. C. Provided that: the director of the animal control authority and his authorized animal control officers, while pursuing or observing any animal in violation of this ck,apter, may enter upon any public or private property, except any building designated for and used for private purposes, for the purpose of abating th+: animal violation being pursued or observed. D. No person shall cteny, prevent, obstruct or attempt to deny, prevent or obstruct an officer irom pursuing any animal observed to be in violation of triis chapter. Furtt:.er, no person shall fail oc neglect, after a proper warrant has been presented, to promptly permit the director or the authorized animal control officer to enter private property to perform any duty imposed by this chapter. 1,ny persan violating this subsection is guilty of a misdemeanor, (Ord. 3980 S 3, 1978: Ord. 2771 S 2, 1976: Ord. 2428 S 11, 1975: Ord. 1396 Art. III g:L, 1972). 11.04.180 Violati<�ns - Deemed nuisance - Abatement. All violations of this chapter are detrimental to the public health, safety, and welfare and are public nuisances. A.L1 c:onditions which are determined after review by the director of the anim�il control authority to be in violation of this chapter shall be abated. (Or�i. 1396 Art. III $ 2, 1972). 11.04.190 Violations - Misdemeanor - Penalty. Any person who allows an animal to be maint:iined in violation of this chapter is guilty of a misdemeanoc punishable ty fine of not more than two hundred fifty dollars and/or imprisonment f�:�r a term not to exceed ninety days. tOrd. 1396 Art. III S 3, 1972}, � 11.04.200 Violatit�na - Civil penalty. In addition to or as an alternative to any other penalty prc�vided in this chapter or by law, any person whose animal is maintained in violation of this chapter shall incur a civil penalty plus billable costs of the animal control authority. The penalty for the first notice of viol�:.tion shall be twenty-five dollars; fifty dollars for the second notice of violjticn in any one-year period; and one hundred dollars for each successive violation in any one-year period; provided, that these provisions shall not apply to specific areas designated by ordinance as dog control zones under t.he provisions of RCW 16.10. (Ord. 6370 S 6, 1983: Ord. 4610 S 5, 1979: Ord. 3548 g 6, 19�8: Ord. 1396 Art. III S 4, 1972). 11.04.210 Impounding. A. The director of the animal control authority and his authorized r��presentatives may apprehend any animals found doing any of the acts defined as a public nuisance and/or being subjected to cruel treatment as defined by law. After such animals are apprehended, the animal (King County 5-d3) 377 1 ANIMAL CONTROL REGC'LATIONS 11.04.210 control author;.ty shall ascertain whether they are licensed, or otherwise identifiable. If =easonably possible, the animal control authority shall return the anir,�al to the owner together with a notice of violation of this chapter. If i�: is not reasonably possible to immediately return a currently licensed animal to its owner, the animal control authority shall notify the owner within a=e�xsonable time by regular mail or telephone that the animal has been impo�inde� and may be redeemed. Any currently licensed animal impounded purs��ant to this chapter shall be held for the owner at least one hundred twenty hou.rs, after posting of the notification of impoundment by regular mail o.- after telephone contact by the impounding agency; any other animal impounde9 pursuant to this chapter shall be held for its owner at least seventy-two houcs °`rom the time of impoundment; provided that any animal sold to a research in:�titute pursuant to this chapter shall be held for an additional one hun�jred twenty hours over and above the required seventy-two hours specified; piovided further, that any animal sold to a licensed dealer, pursuant to this �:hapter, may be released to the licensed dealer following custody of th: animal by the animal control section for a period of seventy-two hoiirs; provided further, that it is the responsibility of the animal control section to monitor and insure that the licensed dealer will hold the anima�. for an additional one hundred twenty hours prior to the sale of the animal =o a research institute; provided further, that any owner may redeem an anim,►1 in the custody of a licensed dealer by complying with the fees and reder.iptic�n procedure of the animal control section, the animal control sectior. shall return all fees paid by the licensed dealer, and the sale of the ani�nal shall be declared null and void; provided further, that the advisory board may make recommendations to the animal control section which shall, by admir.istrative rule, set the sales price of animals to be sold to licensed dealeis and research institutes; provided further, that the animal control sectioi� st,all, by administrative rule, through required contract provisions, inszre that licensed dealers do not sell county purchased animals to research insi.itutes at a rate in excess of that paid by research institutes purchasing anic�als directly from the animal control section. Any animal suffering from :>eriaus injury or disease may be humanely destroyed, or, in the discretion of t.he impounding authority, may be held for a longer period and redeemed by an} person on payment of charges not exceeding those prescribed herein. � B. Any anir�al not redeemed shall be treated in one of the following ways: 1. Made ��vaiLable for adoption at a fee of five dollar �_ner animal" a. Any person may adopt an animal impounded pursuant to the provisions cont.►ine:i in this chapter when all billable costs, redemption fees, penalties, and �oarding costs incurrd in such impoundment are made payable to the county fin;�nce director, which may be accepted by the animal control authority actinc� as agent for the county. b. Theie �•hall be a spay/neuter deposit of $25.00 on all adopted animals. This �ieposit will be returned to the adopting person upon submission of proof that the sterilization was performed within 180 days of the date of the adoption. 2. Sold to a dealer licensed pursuant to 7 U.S.C. 2131 et seq., as now or hereafter an�endE�d; provided, however, that said dealer shall comply with the following rEquirements: a. He shall sell animals purchased from the county only to research laboratories loc:ate<j in the state of Washington licensed pursuant to 7 U.S.C. 2131 et seq., Gccre�dited under the American Association for Accreditation of 378 (King County 12-83) 11.04.210 ANIMAL CONTROL ^� Laboratory Animal C:are, or to state or federal research laboratories exempted from the provisions of 7 U.S.C. 2131 et seq. b. Al1 animals purchased fram the county by said dealer shall be identified by bree�9, c:olor, age, and any other information deemed necessary for a reliable identification of the animal. c. He shal.l p��ovide evidence to the county that each animal purchased from the county wa:: sold to a research laboratory fully licensed, accredited or exempted in the nanner described in subsectiort B 2. of this section. d. He shall bE:� a resident of the state of Washington for a period of one year prior to h�s Furchase of animals from the county. e. No anim3l taearinq a tattoo identification, affixed in a manner as prescribed in Sect.on 11.04.030 B., shall be sold to a licensed dealer or research medical ir�sti�:ute, without the written permission of the registered owner. 3. Sold to a ressearch laboratory licensed pursuant to 7 U.S.C. 2131 et seq., accredited undeyr the American Association for Accreditation of Laboratory Animal C:are, or exempted from the provisions of 7 U.S.C. 2131 et seq.; provided, however, that said research laboratory shall comply with the following requiremecyts: a. All animal� purchased from the county by said research laboratory shall be identifiec by breed, coloc, age, and any other information deemed necessary for a reliabl� identification of the animal. b. Provide evidence to the county as to each animal's disposition or use by the research laboratory. c. Shall b�� available, at all reasonable times, for inspection by the King County animal control section. Such inspections shall be performed in the same manner as ins��ections performed under Sections 11.04.100, 11.04.110, and 11.04.250. d. Shall be: ph��sically located within the state of Washington. e. No animr�l bearing a tattoo identification, affixed in a manner as prescribed in Secti.on 11.04.030 8., shall be sold to a licensed dealer or research medical institute, as defined in this chapter, without the written permission of the cegist:ered owner. 4. Humanely cestroyed by euthanasia. C. There is c,:eated an advisory board for the sale of animals by the county to licensed r.esearch institutes and dealers, consisting of five members one of whom shall t�e a licensed veterinarian, to be appointed by the county executive and confii:med by the county council. No member of the board shall be employed by King County. Members of the advisory board shall serve for two years without comperisation. The board shall meet at least once every three months to examine insaection reports under subsection B. 3. c. of this section, and make ::ecommendations as to the qualifications of dealers and research laboratori�:s ��nder subsections B 2. and B 3. of this section; provided, under the provision of the Animal Welfare Act, as amended, or as part of negotiated c:�ont:_act provision compliance, the advisory board shall be empowered to conducY: such inspections of facilities receiving animals under this section, as ara nE�cessary to insure that animals are treated humanely. The commission shall have the authority to prohibit the sale of any animal to any dealec or reseirch center when it has found that any such dealer or research center is not treating the animals purchased from the animal control section humanely. D. A copy of a.:.l reports and records required to be filed by dealers or research laboratorie:� pu:suant to any state or federal law shall be filed with (King County 12-d3) 379 ANIMAL CONTROL REGULATIONS 11.04.210 - 11.04.230 the director c�f animal control and all such records shall be public record and available for inspection at any reasonable time during normal county working hours. All recorcis =equired to be filed pursuant to this chapter shall also be public record and shall be available for inspection by any interested person at any reasona.ble time during normal county working hours. E. No licensed animal shall be made available for research unless written permission is received from said animal's owner. Further, no animal conveyed to the sectic�n by its owner shall be made available for research without written permi:,sion. (Ord. 6370 S 7, 1983: Ord. 6243 S 1, 1982: Ord. 6049, 1982: Ord. 58G5 g 3, 1981: Ord. 2428 S 12, 1975: Ord. 1396 Art. III S 5, 1972), 11.04.220 Addi.tional enforcement. Notwithstanding the existence or use of any other reme�dy, the director of the animal control authority may seek legal or equitable r�elif>f to enjoin acts or practices and abate any conditions which constitute a violation of this chapter or other regulations herein adopted. (Ord. 1396 Art. III S 6, 1972). 11.04.230 NuiE;ances defined. For purposes of this chapter, nuisances are violations of thi:. chapter and shall be defined as follows: A. Ar�y public: nuisance relating to animal control known at common law or in equity jurispr�.dence; B. A dog runr.ing at large within the county. C. Any damest:icated animal, whether licensed or not, which runs at large in any park, c�r eiiters 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 ot: on any public beach when such animal is on a leash, tether or chain not to ex�:eed 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, exkibitions or organized dog training classes where at least twenty-four h�urs' advance notice has been given to the animal control authority, by sucz persons requesting to hold such animal shows, exhibitions or dog trainin3 c]asses; D, Any dcmes�:icated animal which enters any place where food is stored, prepared, serv�d c,r 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 see.ng-eye dog, to veterinary offices or hospitals, or to animal shows, exhibitio:�s or organized dog-training classes where at least twenty-four h��urs' advance notice has been given to the animal control authority, by sucn persons requesting to hold such animal shows, exhibitions or dog-trainin.� classes; E, A femule �:iomesticated animal whether licensed or not, while in heat, accessible to other animals for purposes other than controlled and planned breeding; F. Any de�nest.icated animal which chases, runs after, or jumps at vehicles using the public streets and alleys; G. Any dcmest:icated animal which habitually snaps, growls, snarls, jumps upon or otherwise: threatens persons lawfully using the public sidewalks, streets, alley�, cr other public ways; H. Any anim�;l which has exhibited vicious propensities and which constitutes a ciancer to the safety of persons or property off his premises or lawfully on hia pramises; 380 (King County 6-83) 1 11.04.230 - 11.04.260 ANIMAL CONTROL I. A vicious anim<<1 or animal with vicious propensities which runs at large at any time, or such animal is off the owner's premises not securely leashed on a line o: ccnfined and in the control of a person of suitable age and discretion to contrcl or restrain such animal; J. Any domesti�:ated animal which howls, yelps, whines, barks, or makes other oral noises, in :�uch a manner as to disturb any person or neiqhborhood to an unreasonable degree; K. Any domesti�ated animal which enters upon another person's property without the permissi��n cf that person; L. Animals staked, tethered, or kept on public property without prior written consent of t.ae county animal control authority; M. Animals on any l�ublic property not under control by 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; 0. Animals running in packs. (Ord. 63'IO S 8, 1983: Ord. 1396 Art. III S 7, 1972) . 11.04.240 Dalawfil acts aqainst police department doga - Penalty for violation. A. No F�ersun shall wilfully torment, torture, beat, kick, strike or hazass any dog u.sed by a police department for police work, or otherwise interfere with the �ase of any such dog for police work by said department or its officers or memb�:rs. B. Any person who v�iolates subsection A. of this section shall be deemed guilty of a misdeme:�nor, punishable by not more than ninety days in jail or not moce than two h��ndted fifty dollar fine, or both. (Ord. 4552 S S 2, 3, 1979). � 11.04.250 Cruelt�f to animals - Unlawful acts designated. It is unlawful for any person to: A. Wilfully and cr�.elly injure or kill any animal by any means causing it fright or pain; B. By reason oi ne�:�lect or intent to cause or allow any animal to endure pain, suffering or injuiy or to fail or neglect to aid or attempt alleviation of pain, suffering o�:• injury he has so caused to any animal; C. Lay out or f:�xpo;�e any kind of poison, or to leave exposed any poison food or drink for rnan, animal or fowl, or any substance or fluid whatever whereon or wherein chere is or shall be deposited or mingled, any kind of poison or deadly s�:bstance or fluid whatever, on any premises, or in any unenclosed place, or to aid oc abet any person in so doing, unless in accordance with the l�rovisions of RCW 16.52.190; D. Abandon any :iomestic animal by dropping off or leaving such animal on the street, road or hignway, oc in any other public place, or on the private property of another. (Ord. 1396 Art. III S 8, 1972). 11.04.260 Violat..ons - Notice and order. A. Whenever the director or authorized animal contrcl officer has found an animal maintained in violation of this chapter, 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 of violation and an ordc�r directed to the owner or the person presumed to be the owner of the animal maintained in violation of this chapter. The notice and order shall cont��in: (King County 6-d3) 381 ANIMAL CONTRCL RE;GULATIONS 11.04.260 - 11.04.270 1. The nanie and address if known of the c+wner or person presumed tc+ be the c�wner of the animal in violation of this chapter; 2. The li�:ense number, if available, and description of the animal in violation sufficient fnr identification; 3. A statement to the effect that the direct�r or authorized animal c�ntrol offic:er has f�und the animal maintained illegally with a brief and concise description of the conditions, which caused the animal to be in violatic+n of this chapter; 4. A statement c+f the action required to be taken to abate the violati�n, as determined by the directc+r of the animal contrc+l authority. a. ]:f the director has determined the animal in violation must be disposed with, the order shall require that the abatement be c�mpleted within a specified ��eriad c+f time from the date of the order as determined by the directnr to b= reasonable, b. If ti�e director of the animal control authority has determined to assess a civil penalty, the order shall require that the penalty shall be paid within fnurte�:n days fr�m the date of the order; 5. Stateme•nts advising that if any required abatement is not cc+mmenced within the t3.me specified, the director of the animal control authority will proceed to cause abatemen£ and charge the costs thereof against the nwner; 6, Stacements advisinq: a. 7hat a person havinq a legal interest in the animal may appeal frc+m the nc+ti.ce of vic+latic+n and order c+r any aetion of the direetor of the animal control authority to the board c+f appeals, p=ovided the appeal is made in writing a:a prnvided by this chapter, and filed with the director of the animal cc+ntro.l auth�rity within fourteen days from the date of service of such notice �f violation and �rder, b. Tl�at failure tc+ appeal will constitute a waiver of all right to an administrativ�:� hearing and determinati�n of the matter; C. The n�-+tice and order shall be served on the owner or presumed owner of the animal in violatic+n. D. Service c�f the notice �f violation and order shall be made upon all persons entit:.ed thereto: 1. Pers�onally; or, 2. By :nailing a copy of such notice of violation and order by certified mail, postage pr��paid, return receipt requested, to the person at his last kn�wn address; �r, 3. PosY:ing the nc►tice of violation and order on the front dc+c+r of the living unit of tt�e owner or pers�n with right to control the animal if said owner or persc•�n i.a nc+t home. E. Proof of service of the n�tice of violation and order shall be made at the time �f s�.�rvi�e by a written declaratic+n under penalty of perjury executed by the persc+n effecting service, declaring the time, date and manner in which service was m..�de. F. The s�:and3rds c►f this chapter shall be fc+llowed by the director of the animal contrc+l a�ith�rity in determining the existence of an animal c�ntrol violation and in determining the abatement action required. (Ord. 6370 g 9, 1983: Ord� 1: 96 :1rt. III S 9, 1972) . 11.04.270 App��als. A. APPEALS, The King County board c+f appeals as established b� Acticle 7 �f the King C�unty Charter is designated to hear appeals by pa;-ties aggrieved by actions of the director of the animal control auth�rity pur::uani_ tc+ this chapter. The b�ard may adc+pt reas�nable rules c+r 382 (King Cc+unty 3-84) 11.04.270 - 11.04.2f�0 ANIMAL CONTROL regulations for con�3ucting its business. Copies of all rules and regulations adopted by the boar�i shall be delivered to the director of the animal control authority who shall mak.e them freely accessible to the public. All decisions and findings of the board shall be rendered to the appellant in writing with a copy to the directo�:• of the animal control authority. 8. FORM OF 1'.PPE.4L. Any person entitled to service under Section 11.04.260 B may appaal from any notice and order or any action of the director of the animal contrul authority under this chapter 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: 1. A heading in the words: "Before the Board of Appeals of the County Of Kirig"; 2. A caption re,iding: "Appeal of ........... giving the names of all appellants particip��tin�� in the appeal; 3. A brief :�tatement setting forth the legal interest of each of the appellants in the ariimal involved in the notice and order; 4. A brief statement in concise language of the specific order or action protested, =ogether with any material facts claimed to support the contentions of the �:�ppe Llant; 5. A briei state�ment in concise language of the relief sought, and the reasons why it is �:laimed the protested order or action should be reversed,� modified, or otherw�.se aet aside; 6. The siqnatuies of all parties' names as appellants, and their official mailing adclresses; 7. The verii"ication (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. C. SCHEDULING e�ND NOTICING APPEAL. The board of appeals shall set a time and place, not mor�:+ than thirty days from such notice of appeal for hearing thereon. Written r,otic:e of the time and place of hearing shall be given at least ten days prior :o the date of the hearing to each appellant by the manager-clerk of tht� bo3rd. D. At the hea::ing, the appellant shall be entitled to appeac in person and be cepresented by �:ounsel and offer such evidence pertinent and material to the action of the director. Only those matters or issues specifically caised by the appel;.ant in the written notice of appeal shall be considered. E. Failure of any person to file an appeal in accordance with this section shall const�tut� a waiver of his cight to an administrative hearing. F. Enforcement of any notice and order of the director of the animal control authority i:sue�i under this chapter shall be stayed during the pending of an�appeal, excep: inpoundment of an animal which is vicious or dangerous or cruelly treated. (��rd. 1396 Art. III $ 10, 1972). ,11.04.280 Redem�;�tion procedures. Any animal impounded pursuant to the provisions ot Secti�.�n 11.04.210 may be redeemed upon payment oF the redemption fee as provided he��in. The redemption fee for dogs and cats shall be twenty dollars for each s�..h dog or cat, plus an additional fee of five dollars for each twenty-fouc-ho��r period, or poction thereof, during which such dog oc cat is retained by the impc:�unding agency and shall be made payable to the county comptroller. The :�edemption fee for livestock shall be fifty dollars per animal impound inciden�� plus any hauling and boarding costs due. Livestock not redeemed may te s��ld at public auction by the impounding agency. The hauling and boacdin<� costs Eor livestock impour►ded shall be in (King Count_� 3-dy? 383 ANIMAL CONTRUL RI.GULATIONS 11.04.280 - 11.04.330 accordance w:ith the rate eatablished by contract between the county and the given stock yarcl used for holdinq such animal. (Ord. 6702 S 2, 1984: Ord. 6370 g 10, 1983: Ord. 6243 $ 2, 1982: Ord. 4610 g 6, 1979: Ord. 3980 S 2► 1978: Ord. 2�28 S 13, 1975: Ord. 1396 Art. III S 11, 1972). 11.04.290 Nuisancea - Removal. A. Any animal constituting a public nuisance as �:�rovxded herein shall be abated and removed from the county by the owner or by the director of the animal control authority, upon the receipt of three notice.3 ar�d orders of violation by the owner in any one-year period. Where it is astablished by record pursuant to this chapter and no finding was entered show:i.ng that the owner will be able to provide reasonable restraints to protect t:he public from repetitions of violations, the director of the animal control authority shall notify and direct the owner of the animal to abate or remc:�ve the same from the county within ninety-six hours from the date of notice. Tf such animal is found to be within the confines of King County after ninety-�six 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 pursi�ant to the provisions of this section shall be cemoved from King County or be subjected to euthanasia by the animal control authority. B. 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 unincorporated King County forty-eight Izours after receiving written notice from the director. Such animal or ar,imals 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. (Ord. 2428 $ 14, 1975: Ord. 1396 Art. III $ 12, 1972). 11.04.300 Civil penalty and abatement costs - Liability of owner. The civil penalt�� an�9 the cost of abatement are also personal obligations of the animal owner. The prosecuting attorney on behalf of King County may collect the civil per,alty and the abatement work costs by use of all appropriate legal remedies. (Grd. 1396 Art. III S 13, 1972). 11.04.310 CoKts of enforcement action. In addition to costs and disbursements pr��vided for by statute, the prevailing party in a collection action under this chapter may, in the court's discretion, be allowed interest and a reasor�able attorney's fee. The prosecuting attorney shall seek such costs, interest, and reasonable attorney's fees on behalf of King County when the county is. the� prevailing party. (Ord. 1396 Art. III g 14, 1971). 11.04.320 Mi.scellaneous Service Charges. Section is t�ere:�y authorized to collect the control related ::ervices: Lost or stole�n license tag replacement (Ord. 6370 g 11, 1983). The King County Animal Control following charges for animal $2.00 11.04.330 Aclditional Rules and Regulations. The animal control section is authorized te:� make and enforce rules and regulations, not inconsistent with the provisio�is of this chapter, and it is unlawful to violate or fail to comply with any of such rules and regulations. All of such rules and regulations :::ha1L be reduced to writing and adopted pursuant to King County Code, Chapter 2.58. (Ord. 6370 S 12, 1983). 384 (King County 3-84) ANIMAL CONTRUL R;.GULATIONS 11.04.340 11.04.34(i S�verability. Should any section, subsection, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining poltioai of this chapter. (Ord. 6370 S 13, 1983). Sections: 11.08.O111 11.08.02U 11.08.03U 11.08.04u 11.08.050 11.08.061i 11.08.071i 11.08.08I.1 11. 08 . 091.i 11. 08.101.� 11.08.11(i 11.08.12U 11�08.13G 11,08.14C� 11.08.15(.� 11.08.16G 11.08,17C� 11.08.18C� Chapter 11.08 DOG LEASH LAW ?�urpose. uefinitions. lx�gs at large prohibited in dog cantrol zones. 1?etitions to create dog control zones. Violations - Misdemeanor penalty. Violations - Civil penalty. r�everability. 1)og c�ntrol zone - Fairwcx�d community. l�og control zone - Federal Way community. I)og control zone - Riverbend community. � l�og control zone - Eastgate community. I)og cantrol zone - Maplewoc�d Heights coauaunity� noq control zone - Boulevard Lane community. Dog control zone - North Rase Hill. Dog control zone - Fairwood West community. Dog control zone - Wilderness Rim Community. Uog control zone - Cherakee Bay Community. Dog control zane - 101 Pines. 384-1 (King County 3-84) � 11.08.010 - 11.08,040 11.08.190 11.08.200 11.08.210 11.08.220 11.08.230 11.08.240 11,08.250 11,08.260 11.08.270 Dag cont:rol zone - Crest Air Park, Dog cont:rol zone - Mar Cheri. Dog cont:rol zone - Timberlane. Dog cont:rol Zone - Lea Hill Village. Dog cont:rol zone - Redondo. Dog control zone - Greenwood Point. Dog cont:rol zone - Cottage Glen, Dog control zone - Eden View. Dog c�nt:rol zone - Kingsgate Highlands. ANIMAL CONTROL 11.08.010 Purpose. Under the authority of RCW 16.10, it is the intention of King County to e:nfoice a dog leash law in selected areas �f King County. It is the intention of King County to administer a doq leash law in conjunction with the rules and regulations of the animal c�ntrol authority contained in Title l:I, King Caunty Code, as amended. (Ord. 3548 S 1, 1978). 11.08.020 Definitions. In construinq the provisions of this chapter, except where otherw:�se plainly declared or clearly apparent from the context, words used in this cha��ter shall be given their common and ordinary meaning; in addition, the follaw�ng definitions shall apply: A. "At larqe" i:ieans to be off the premises of the owner and not under the control of the ownec by leash; provided, that an animal within an autom�bile or other vehicle of its owner shall be deemed ta be upon the owner's premises. B. "Lawful tra:ining" means to be engaged in training on the premises �f the owner or an th�: land of another person by permission, or on public land that is set aside for training or is �pen for hunting or trapping; provided, that the dog is acc:ompanied afield by the owner or trainer. A"ncrshoc�ting" area shall nat be ir,terpreted to mean a"no-training" area. C. "Leash" inc:iudes a c�rd, thang or chain not more than fifteen feet in length by which an �nimal is physically controlled by the persan accompanying it. D. "Restraint." An animal is considered to be under restraint if it is maintained and rema.ins within the property limits of its owner or keeper� (Ord. 3732 $ 3, 1978; Ord. 3548 S 2, 1978j. 11.08.030 Dogs a.t large prohibited in dog cantral zones. It is unlawful for owners, residinq wi�_hin a designated dog c�ntrol zone, to all�w their dc�gs to be at large or with<�ut restraint, except that this section shall not apply where the dogs are engaged in lawful hunting activity, lawful competition sanctioned by a nationally recognized body or a local chapter thereaf, or lawful training in a�reparation f�r such hunting or competitian. (Ord. 3548 S 3, 1978). '11.08.040 Petit:ons to create dog control zones.* A. Petitions requesting the King C�unty c�ur.cil to create a dog c�ntrol zone shall be submitted to the office of the c1er1; of the council. The clerk of the council shall forward copies of the petit:ons and other materials to: 1. The offic�� of the councilmember in whose district the proposed zone is requested; and 2. The anima�.. c��itrol section of the General Services Division; and 3. The Recarc:s aild Elections Division. *[Editor's ;Vote: � 9�f Ord. 3548, �riginally appearing in � 11.08.040, has been relocatad in �° �1.Gi3.J9U and 11,08.100,) (King C�unt;; 3-d�3; :85 • " DOG LEASH LAW 11.08.040 - 11.08.060 B. Petit_ons shall be accompanied by a map and should include a legal description�of thE� proposed zone. In addition, the petitions should contain: 1. The signatures {written and printed legibly) of at least ten percent of the registered voters within the proposed zone; and 2. The pop�ilar addresses of the petitioners. C. Upon rece�ipt of the copy of the filed petition, the animal control section shall co:iduct a comprehensive review of the enforceability of the proposed bounciari:�s and if necessary recommend alternative boundaries to the county administrai::ive officer and the affected councilmember. D. The Re�corc:ls and Elections Division shall: 1. Det��rmine the approximate number of registered voters within the proposed zone; 2. Dete:rmitie the number of signatures of registered voters contained in the petition; and 3. Forwarct the conclusions regarding the number of siqnatures of registered vot:ers and total number of registered voters residing within the proposed zone to the office of the affected councilmember and the county administrative officer. E. The executive may recommend a proposed dog control zone to the council based on the� r�:commendation of the county administrative officer. An ordinance to cre.�te a dog control zone may be introduced by a member or members of the coiincil. F. In adcliti�:�n to other statutory requirements, the council may cause to occur such pul�lic meetings or notification through the local media as deemed necessary to insure that affected citizens are aware of the proposed ordinance to create a deg cc�ntrol zone. G. If thE� King County Council finds the formation of the petitioned area to be beneficial to be public health, safety and general welfare, it shall establish suct; a dog control zone by ordinance. The Council shall consider, but is not liilite3 to, the location, terrain and surrounding land use of the petitioned area. (Ord. 3732 § 1, 1978). 11.08.050 Viol.ations - Misdemeanor penalty. Any owner of an animal in violation of this chapter is guilty of a misdemeanor punishable by fine of not more than two hu•idred fifty dollars and/or imprisonment for a term not to exceed ninety days; provided, that for the first thirty days followinq the enactment of each individual dog control zone, no penalty shall be assessed in those cases wh�re a licensed animal is maintained in violation of this chapter and the anim.il �ontrol officer is able to determine the owner and, if impounded, retarn such animal to its owner directly from the site in which it was impounded. (Crd. 3810 § 2, 1978: Ord. 3548 § 4, 1978). 11.08.060 Jiolations - Civil penalty. In addition to, or as an alternate to, any other penalty provided in Title 11 of the King County Code as amended, , or by general law, any person whose animal is maintained in violation of this chapter shall incur a civil penalty plus billable costs of the animal control authority. Th�� penalty for the first notice of violation shall be twenty-five dollars, and fift:y dollars for each successive violation in any one-year period; provi�ed, that for the first thirty days following the enactment of each individual dog control zone, no penalty shall be assessed in those cases where a licen>ed animal is maintained in violation of this chapter and the animal control officer is able to determine the owner and, if impounded, return such animal to its owner directly from the site in which it was 38�; ii.os.A6o — il.os.os:�o �v�w coN�xoi impounded; providec f�arther, that on the thirty-first day following the enactment of each individual dog control zone and thereafter, one-half the normal penalty shal]. be assessed in those cases where a licensed animal is maintained in viol��tio:z of this chapter and the animal control officer is unable to determinf:: tk.e owner and, if impounded, return such animal to its owner directly from the site in which it was impounded. (Ord. 3810 � 3, 1978: Ord. 3548 § 5, 1978;. 11.08.070 Sever+�rbility. Should any section, subsection, paragraph, sentence, clause o:- pt�rase of this chapter be declared unconstitutional or invalid for any re�sor_, such decision shall not affect the validity of the remaining portions rsf this chapter. (Ord. 3548 § 9, 1978). 11.08.0$0 Doq c��ntrol zone - Fairwood community. Under the provisions of this chapter, there is created a dog control zone in the followinq described area: The description foc the Fairwood Community includes the area bounded on the north by 140th Plac:e SE and the north margin of the transmission linet on the east by the ex�:ension of 164th Avenue SE which is also the east boundary of the proposed play:s of Fairwood Park Division 15 and 16; on the south by the extension of the centerline of SE 176th Street and the centerline of the Cedar River pipeline and baunded on the west by 140th Avenue SE. The legal description is as f�:>llows: LEGAL DESCRIPTI�N: All of Section 26, Township 23 North, Range 5 East, W.M. lying southerl.y or the north marqin of the Bonneville transmission line and all of th E 1/:? of Section 27, said Township and Range lying northerly of the centerline of t:,he Cedar River pipeline riqht-of -way and southerly of the centerline of 140th Place SE and the north margin of the Bonneville �. transmission line. (Ord. 3548 § 8(part) (1), 1978). 11.08.090 Doq c+�ntrol zone - Federal Way com�unity. Under the provisions of this chapter thece is created a dog control zone in the following described areas: A. All of King County, Washington, lying southeasterly of Puqet Sound and lying westerly of �:he followinq described line: Beginning at the westernmost corner of Lakota Division No. 2(Volume 22/12) in Sectin 1, Township 21 North, Range 3 East, W.M.; thance southeasterly along the southwesterly line of said plat to the south .Line of said Section 1; thence easterly alonq south line to the centerline of L�umas Avenue; thence southerly along said centerline to the centerline of Stat�� Rc�ute 509; thence southeasterly and easterly alonq said centerline of 5tats Raute 509 to the centerline of 21st Avenue SW; thence southerly along sa:_d centerline to the centerline of SW 356th Street; thence west along said c�:nterline to the King County/Pierce County line and the terminus of this descri.bed line. B. Beginning at the shoreline of Puget Sound and the northwesterly ex�ension of the ce�nte�-line of Redondo Way S.; thence southeasterly along said extension and the centerline of Redondo Way S. to the centerline of State Route 509, also kn�wn as Dash Point Road; thence southwesterly and westerly along said centerline to the centerline of lst Avenue S.; thence southerly along said centerline of lst Avenue S. to the centerline of SW 308th 5t.; thence wesr.erly along said centerline of SW 308th St. to the centerline of State Route 509; t:ience southwesterly along said centerline to the west line of SEction �, Township 21 North, Range 4 East, W.M. said line being also the e:ctended CE'.'1C��line:� oi 16th Avenue SW; thence northerly along said west line DOG LEASH LAW 11.08.090 - 11.08.140 of Section 7 to the shoreline of Puget Sound; thence northeasterly along said shoreline to the point of i�eginning. The dog control zone, the boundaries of which are specified in subsection (2) of this section, shall expire April 30, 1979, unless reenacted by ordinance. (Urd. 3927 1, 2, 1978: Ord. 3548 S(part) (2), 1978). 11.08.100 Dog control zone - Rivarbend community. Under the provisions of this chapter, there is created a dog control zone in the following described area near Nort.h Bend: All the �:irea within the following recorded plats: Riverbend Homesites Division No. 1(Volume 70, paqes 80, S1 and 82); Riverbend Homesites Division No. 2(Volume 73, pages 40, 41 and 42); Riverbend Homesites Division No. 3 (Volume 76, pages 31, 32 and 33) and Riverbend Homesites Division No. 4 (Volume 76, pagz 34) all recorded in Records of Plats, King County, Washington; also that portion of the railroad right-of-way lying within Riverbend Homesit�s Division No. 3. (Ord. 3810 § 1, 1978). 11.08.110 Doq control zone - Eaetqate community. Under �he provisions of this chapter, there is created a dog control zone in the following described area near Eastgate:: All of the ur..incorporated area of King County lying within the following subdivision in Township 24 North, Range 5 East, W.M.; the South half of the South half of Sertion 10; the South half of the Southwest quarter of Section 11; the North half of the Northwest quarter of Section 14; the Southwest quarter of tht: Northwest quarter of Section 14; the Northwest quarter of the Southwest quai�ter of Section 14; the Northeast quarter of Section 15; the Northeast quarter of the Northwest quarter of Section 15. (Ord. 3811 § 1, 1978). 11.08.120 Doq control zono - lrlaplewood Heights community. Under the provisions of this chapter there is created a dog control zone in the following described area: Maplewood Heiuhts as recorded in Vol. 78 of Plats, paqes 1, 2, 3, and 4; together with 1�astwood Park, Division 2 as recorded in Vol. 88 of Plats, pages 63, 64, and 65; all in Records of King County. (Ord. 4149 § 1, 1979). 11.08.130 t�og control zone - Boulevard Lane community. Under the provisions of this chapter, there is created a dog control zone in the following desc�•ibe3 area, which includes numerous divisions of Boulevard Lane: Boulevard Lane Div. 1(Vol. 80, pages 89 & 90); Boulevard Lane Div. 2 (Vol. 82, paqe:s 20 s, 21); Boulevard Lane Div. 3(Vol. 84, pages 31, 32 & 33); Boulevard Lane Div. 4& 5(Vol. 89, pages 29 & 30); Boulevard Lane Div. 6 (Vol. 96, page�c 55 & 56); Boulevard Lane Div. 7(Vol. 102, paqes 10 & 11); all recorded in Vol.umes of Plats, Records of King County, Washington. (Ord. 4150 § 1, 1979). 11.08.144 Uoq control zone - North Rose Hill. this chapter, ther�e is created a dog control zone area popularly known as North Rose Hill: That portic>n af Section 28 and 33, Township Section 4, Townsh�p 25 N., Range 5 E., W.M. all Kirkland and lyinc� westerly and northerly of th Beginning at tlie intersection of the centerline o 388 Under the provisions of in the followinq described 26 N., Range lying east e following f N.E. 124th 5 E., W.M. and of the city of described line: Street and the 11.08.140' - 11.08.190 ANIMAI. C�NTROL centerline of the S.E. 1/4 of said Section 28; thence easterly alonq said "' centerline of N.E. 124th Street to its intersection with the centerline of 132nd Place N.E. also known as Slater Ave. N.E.; thence southwesterly along said centerline of Slater Ave. N.E. to its intersection with the centerline of N.E. 120th; thence easterly along said centerline of N.E. 120th St. and continuing southeasterly and southerly along the centerline of 132nd Ave. N.E. to its intersection with the centerline of N.E. 85th St.; thence westerly along said centerline oi N.E. 85th St. to the city limits of Kirkland and the terminus of this des��ribed line. (Ord. 4370 § 1, 1979). 11.08.150 Doq cor►trGl zone - Fairwood West com�unity. Under the provisions of this chapter, there is created a dog control zone in the following described area: Fairwood Park, Div. 4(Vol. 83, pages 42, 43 and 44); Fairwaod Park Div. 9(Vol. 88, pages 30 and 31); Fairwood Park Div. 10 (Vol. 85, pages 38 and 39); Fairwood Park Div. 14 (Vol. 88, pages 81 and 82), All recorded in Volumes of Plats, Records oE Ki.ng County, Washington; also that portion of the Cedar River Pipeline lying within the NE1/4 of the NE1/4 of Section 28, Township 23 N., Ranqe 5 E., W.M., LESS the North 1/4 thereof; also that portion of the 20 foat drainaqe right rof-way lying between Fairwood Park Div. 9 and Fairwood Park Div. 10 and lying North of the Southerly line of said Fairwood Park Div. 10 (Ord. 4371 § 1, 1979). 11.08.160 Doq contral zone - Wilderneas Rim cwmmunity. Under the provisons of this chapter, there is created a dog control zone in the followinq described area: Wilderness Rim Division No. 1(Vol. 82, pages 48, 49 and 50); Wilderness Rim Division No. 2(Vol. 84, pages 95, 96, 97 and 98); Wilderness Rim Division No. 3(Vol. 90, pages 60, 61 and 62), all recorded in volumes of Plats, Records of King County, Washington. (Ord. 4909 § 1, 1980: Ord. 4385 § 1, 1979). 11.08.170 Dog control zone - Cherokee Hay Community. Under the provisions of this chapter, rhere is created a dog control zone in the following described area: All of the Assessor's Plat of Cherokee Bay Park as recorded in Volume 89 of Plats. pages 11 through 17, records of King County, Washington. The area inclu3es all the streets (and avenues) located within the above-described plat ber_ween SE 265th Street and SE 271st Place between 214th Avenue SE and 223rc� Avenue SE and between SE 260th Place and SE •265th Way between 220th Place SE and SE 222nd Place SE. (Ord. 4991 § 1, 1980). � 11.08.180 Doq cantrol zone - 101 Pines. Under the provisions of this chapter, there is created a dog control zone in the following described area: All of the pla�: or Pine Lake South as recorded in Volume 85 of Plats, pages 55 and 56, records of King County, washington. :'he area can be identified as all the streets and avenues between SE 321st Street and SE 324th Street, between 224th Avenue SE and 227th Place SE. (Ord. 5058 § 1, 1980j. 11.08.190 Doq ccntrc�l zone - Crast Air Park. Under the provisions of this chapter, t'�ere is creat��d a 3og control zone in tne following described area: 3?3 DOG LEASH LAW 11.08.190 - 11.08.220 Beginning at the Northwest corner of Section 6, Township 21 N. Range 6E., W.M. Said cc�rnet� being the point of intersection of the centerlines of SE Covington-Sawyer Rd. and Thomas Rd. SE; thence Southerly along the centerline of Thamas Rd.� S� to its intersection with the Northerly Boundary of the Bonneville Ttans�nission Line Easement, Vantage-Covington No. 1 Line in Government Lo� l, Section 7, Township 21 N., Range 6E., W.M.; thence Westerly along said Nc•�rtherly Boundary Line to its intersection with the Easterly Baundary af the Bonneville Transmission Line Easement, Chehalis-Covington Line; thence tVortherly along said Easterly B�undary Line to its intersecti�n with the Saui:herly Boundary of the B�nneville Transmission Line Easement, Tacama-Grand C:oulee N�. 1 Line; thence Easterly and Northeasterly along said Southerly Bc�undary Line to its intersection with the Southerly Boundary of the Bonneville Transmission Line Easement, Covington-Grand Coulee No. 2 Line; thence Easterly alang said Southerly Line ta its intersection with the centerline of. SL Covingtan-Sawyer Rd.; thence Southeasterly along said centerline tn the paint af beginning. (Ord. 5059 S 1, 1980). 11.08.200 Dog control zone - l+lar Cheri. Under the provisians of this chapter, there is created a dc�g control zone in the following described area: All of Max� Cheri Div. No. 1 as recarded in Vol. 77 of Plats, pages 86 and 87; ALSO all of Mar Cheri Div, No. 2 as recorded in Vol. 78 �f Plats, page 18; ALSO all of Mar Cheri Div� No. 3 as recarded in Val. 77 of Plats, pages 83 and 84, all recarded in Records of King County, Washingt�n. The area can �e identified as all property alang 2nd Avenue SW, including 2nd Place SW lyiny s�uth of SW 296th Street and, north of SW Dash Point Road; and SW 298th Place west af 2nd Avenue SW to the midway point between 2nd Avenue SW and 2nd Place SW; and the 100 block of SW 299th Place. (Ord. 5186 g l, 1980), 11.08.210 1)og cantral zone - Timberlane. Under the provisians af this chapter, there is created a dog c�ntrol zone in the follawing described area: All of Co��ington Park Div. 1 as recorded in Vol. 111 of Plats, pages 6 through 9; ALSO all of Covington Park Div. 2 as recorded in Vol. 112 of Plats, pages 90 thr�ugh 92; ALSO all of Covington Park Div. 3 as recorded in Vol. 114 of Plats, pages 95 throuqh 97; ALSO all of Timberlane Estates Div. 1 as recarded in Vc�l. 86 af Plats, pages 90 thraugh 93; ALSO all of Timberlane Estates Div� 2 as recorded in vol. 88 af Plats, pages 41 thr�ugh 43; ALSO all �f Timberlane Estates Div. 4 as recorded in Val. 89 af Plats, pages 3 and 4; ALSO all of Ti�nberlane Estates Div. 5 as recarded in Val. 92 of Plats, pages 3 through 6, all. recorded in Records of King County, Washington. (Ord. 5186 S 2, 1980) . 11.08.220 Dog Control zone - this chapter, there is created a area: All the area included within Lea Hill Villaye Divisi�n No. Lea Hill Vi.11aye Divisian Na. Lea Hill Vi.11aye Divisi�n No. all cecorded in volume of County, Washington. (Ord, 5492 g 1, 19f31) . Lea Hill Village. Under the provisi�ns of dog control zone in the following described the following recorded plats: 1 (Vol� 87/39-40-91) 2 (Vol. 92/24-25) 3-A (Vol, 93/74) Plats on the pages shown, Records of Ring 390 (King Cc�unty 3-84) 11.08.230 - 11.08.270 ANIMAL CONTROL 11.08.230 Dog cc,ntrol Zone - Redondo. Under the provisions of this chapter, there is created a dog control z�ne in the following described atea. Beginning at the northeast corner of G.L. 2, Sec. 32, Twp. 22 N., Rg. 4 E., W.M.; thence southerly alonq the east line of said G.L. 2 and continuing southerly along the east line af G.L. 3 and the east line of the sauthwest quarter af the s�utheast quarter of said Sec. 32 to the south line af said sectian; thence west along said south line to the west line af Tract A of Marine Hills East, as recorded in V�lume 97 �f Plats, pages 76 and 77; thence northerly alonq the westerly line af Tract A to the northwest corner thereof; thence c�ntinuing r��rtherly and westerly along the westerly and sautherly bc�undary • of Redanrio Heights Condominium, as recarded in Volusae 26 of Condominiums, pages 6 through 14, ta the east right of way margin of 7th Avenue Sauth, said margin being also the westerly line af Marine Hills No. 17, as recorded in Volunie 98 of Plats, pages 50, 51 and 52; thence s�utherly along said westerly line to the northwesterly corner of Lot 24; thence cantinuing westerly along the r�ortlz line of Marine Hills West as recorded in Valume 98 of Plats, pages 53, 54 and 55, ta the northwest corner theseof; thence southerly along�the west b�unclary of Marine Hills West t� its intersection with the east line of G. L. 4, Sec. 5, Twp. 21 N., Rg. 4 E., W�M.; thence southerly along said east line of•G.L. 4 to the southeast corner �f said G.L. 4; thence westerly along the south line of said G.L. 4 to the west line of said Sec. 5; thence northerly al<ing said west line to the tidelands of Puget Sound; thence nartheasterly alonq said tidelands to the narth line of G.L. 2, said Sec. 32; thence easterly al.onq the n�rth line of said G.L. 2 to the point af beginning. All Plats and Cand�miniuma are as recarded in recards of xinq C�unty, Washington. (Ocd. 5493 S 1, 1981). �ti 11.08.240 Dog contr�l Zone - Greenwood Point (portion of LARB PARR precinct). Under the pravisians of this chapter, there is created a dog c�ntrol z�ne in the following described area: All the plat of GrE:enwood Point as rec�rded in Valume 101 of Plats, pages 99, 100 and 101, rec:ords of King County, Washingtan. (Ord. 5673 S 1, 1981). 11.08.250 Dog Contral Zone - Cottage Glen. Under the provisions �f this chapter, there is cr.eated a dc+g control z�ne in the following described area: Al1 of the Plat af Cottage Glen Additian Number 2 as recorded in Volume 86 of Plats, Pages 51 and 52, recards af King County, Washington. TOGETIiER WITH ALL of the Plat of Cottage Glen Addition Number 3 as recarded in Valume 89 of Plats, Pages 55 and 56, records of King County, Washington. (Ord. 6340, 1983). 11.08.260 Dng c:ontrol Zone - Eden View. Under the pravisions of this chapter, there is ci:eated a dng control z�ne in the following described area: � All that area �nown as the Plat of Eden View as recarded in Valume 105, page 41, Records �f Kir�g C�unty, Washingtnn: said plat being that partian of the Southwest quarter of the Northeast quarter af Section 32, Tc�wnship 25 N�rth, Range 6 East, W.M., King County, Washington, lying Northerly and Northeasterly of th�: Louis Thompson Road N.E., No. 1087. (Ocd. 6430, 1983). 11.08.270 Dog Control Zane - Ringsgate Highlands. Under the provisi�ns of this chapter, thece is created a d�g control zone in the following described area: All that portio:� �f the W 1/2 of Section 21, Township 26 North, Range 5 (King C�unty 3-84) 391 u , DOG LEASB LAW East, W.M., K:ing County, Washington described as fall�ws: 11�08�270 - 11.12.010 All that area described in the plat of Ringsgate Highlands Division #3 as tecarded in Vc�lum2 81 of Plats, pages 17, 18 and 19, recards of said county. TOGETHER WITFi all that area as described in the plat of Ringsgate Highlands Division #4 as recorded in V�lume 82 of Plats, pages 95 and 96, records af said King County. (Ord. 6640, 1984)� Sections: 11,12.010 11.12.020 11.12.030 11.12.040 11.12.050 11.12.060 Chapter 11.12 RABIES CONTROL Quarantine arder. Notice of rabies hazard - Quarantine periad. Violatian of quarantine. Destruction of infected animals. vaccination arder. Enfarcement. 11.12.010 Quarantine order. Whenever the directar af the Seattle-King County Department of Public Health, hereinafter referred t� as the director, has cause to sus�ect that an animal capable af transmitting rabies is infected with such dis�ease, he shall otder a period of quarantine of n�t less than ten days. The d.irectar shall notify in writing the owner or keeper of the infected animal of such quarantine order. The infected animal shall be quarantined by rhe Animal Control Sectian, Division �f General Services, hereinafter referred to as the animal c�ntrol authority, in its shelter or upon the premise:s of the owner ar licensed veterinarian where c�nditions af quarantine are :�trictly kept. The place of quarantine shall be at the discretion af thz director, unless the animal had been exposed to rabies by c�ntact, in which case Section 11.12.040 shall apply. Delivery of a copy of said quarantine r�rder to some person of suitable age and discretion residing upon the pre�mises where such animal is found shall be notice of said quarantine. ��oc�d cause for such order of quarantine shall include, but is not 391-1 (King C�unty 3-84) RABIES• CONTAO'L 11.12.010 - 11.1�.060 limited to, e��idence that such animal has bitten, or that there is reasanable certainty that such animal has bitten, a human being. During the perioa of quarantine, the officers, agents and employees of the animal control authority, and other police officers, are authorized to enter any premises for the pu=pose of apprehendinq any such animal and impounding same, except where kept upon the ��remises of the owner or licensed veterinarian as above provided. (Ord. 1378 S 1, 1972: Ord. 1361 S 2, 1972: Res. 27312 S 1, 1964). 11.12.020 Not.Ice of rabies hasard - Quaraatine period. Whenever said director deter.min�_s that rabies is currently a hazard to the public health in King County, or any part thereof, incorporated or unincorporated, excepting cities of the fir.st class, 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 successive days, which determination and notice shall declare the quarantine period and area. The quarantine period shall be thirty days after the last publ.ica�ion of notice; and it is a misdemeanor and is unlawful ior any owner, or person entitled to custody of such animal to keep or harbor any animal capabl�: of transmittin9 rabies unless securely confined by a leash or tight enclostire from which it cannot escape. Any animal capable of transmitting rab:ies found running at large during such peYiod shall be impounded and humanely destroyed by order of the director or his agent named in Section 11.12.060. If apprehension anu impounding by safe means is not possible, such an_imal may be destroyed summarily by said agent. Said director may extend any such quarantine period if deemed necessary by like ad6itional determinations and notices. (Re s. 27312 g 2, 1964). 11.12.030 Vioxation of quarantine. It is a misdemeanor and is unlawful for any owner or person charged with the custody of any animal subject to a quarantine defined in Sections 11.12.010 and 11.12.020 to permit any such animal to come� in contact with any other animal or person or to run at large or to be re�r,oveci from any quarantine premises without the consent of the director of Public Health. (Res. 27312 S 3, 1964). 11.12.040 Destruction of infected anisals. Any animal bitten by an animal found to be r<<bid by appropriate laboratory tests shall be destroyed by order of the directcr of Public Health. (Res. 27312 S 4, 1964). 11.12.050 Vaccination order. Whenever the director of Public Health by order published in a newspaper of general circulation in the area for three successive days determines that conditions exist as indicated in Section 11.12.020 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 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 ualawful for any owner, or person charged with the custody of such animal, to fail or refuse to procure said vaccination within said time. (Re s. 27312 g 5, 1969). 11.12.060 Enfc�rceaent. The director of the Seattle-King County Depsrtment of Public Health is authorized to enforce the provisions of this chapter, the ordinances and r�solutions codified in it, and any rules and regulations promulgated tt�ereunder pursuant to the enforcement and penalty Frovisions of Title 23. (Oid. ::910 y 2(part), 1976: Res. 27312 (part), 1964). 392 (King County 6-82) 11.2`0.010 +- 11.24.010 Cbapt�s 11.20 DZ9POSZTIQt Ot �OfL �D1D �sZTi S�CfiOai t 11.20.010 Aqe r��striction for disposition or coloration. 11.20.020 Penalty for violations. ANIMAL CONPROL 11.Z0.010 �g� r����trictioa os diipositioa or coloratioa. It is unlawful for any person, firm or corporation to sell, offer for sale, barter or qive away any fowl under t:hree weeks of aqe or any rabbit under two months of age as a pet, toy, premiu�n or novelty, or to color, dye, stain or otherwise chanqe the natural color of any such fowl•or rabbit. (Res. 30346 § 1, 1965). 11.20.020 Psnalty tor violatloas. Any person, firm or corporation violatinq this chaptec i9 quilty of a misdemeanor as defined under the lawe of the atate of Washington, and upon conviction thereof shall be punished by a fine not to exceed th.ree huadred dollars or by imprisonment in the county jail for a period not�to exceed thirty days. (Res. 30346 § 1, 1965). s.�ion.: 11.24.010 11.24.020 11.24.030 Chaptar 11.24 rroac �s,�ruc�sc �s�►i Stock restricted area. Severability. Penalty. 11.24.010 8tock reatzict�d as�a. Al1 of King County, except national forest lands owned by the federal qovernment, is designated a stock restricted area in which it is unlawful to perntit livestock, as defined in K.C.C. 21.04.186, to run at large. (Ord. 5975 §1, 1982: Ord. 133 § l, 1969). 11.24.020 Sevarability. Should any section, subsection, paragraph, sentence, clause or ��hrase of this ordinance be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this ordinance. (Ord. 5975 § 2, 1982). 11.24.030 Panalty. Any violation of this ordinance is a misde�eanor and the punishment shall be provided by the laws of the State of Washinqton. (Ord. 5975 § 3, 1982). Chapter 11.28 EXOTIC ANIMAL3 Sactiona: 11.28.010 Chaptar intent. 11.28.020 Definiticns. 1•(For statutory pr.ovi.�ions regarding Chapter 16.24.; stock restricted areas, see RiCW 393 (King County 6-82) EXOTIC ANIMAL�° 11.28.030 Pc�ssesaion unlawful - Exception - Rules and regulations compliance. 11.28.040 License - Isauance generally - Fees. 11.28.050 License - Application - Content. 11.28.060 License - Isauance - Premises inspection. 11.28.070 P�riodic inspection of premises. 11.28.080 License revocation - Notice - Hearing. 11.28.090 Violation - Penalty. '11. 28 393-1 { lU.ng County 6-82 ) 0 a � E:{OTTC ANIMALS 11.28.100 Euthanasia in exigent 11.28.110 Chapter limitations. 11.28.120 Severability. circumstances. 11.28.010 - 11.28.050 11.28.010 Ci�apter intent. It is the intent of the King County council to limit and set conditions on the possession or maintenance of exotic animals in order to prese:rve the public peace and safety and to assure the humane treatment of exotic animals. (Ord. 2473 § 1, 1975). 11.28.020 Definitions. A. "Animal control authority" means the County Animal Control Section, Division of General Services, acting alone or in concert with oY:her municipalities for enforcement of the animal control laws of the county and ;ctate and the shelter and welfare of animals. B. "Director" means director of the animal control authority. C. "Exotir.. animal" means any feline which, when in its wild state, is capable while dt large of inflicting serious physical harm upon human beings. (Ord. 2473 § 2, 1975). 11.28.030 Posoesaion unlawiul - Exception - Rules and regulations compliance. Tlie possession or maintenance of an exotic animal within King County is unlawful unless in accordance with the rules and regulations of the animal control authority which may be adopted after public notice and hearing as provided by Chapter 2.98. S�ch rules and regulations shall classify the species of exotic animals according to adult weight for purposes of classification only; shall specify the particular cage or confinement where such animals may t>e possessed or maintained for each classification; and the manner of possess.ing or maintaining such animals for each classification. (Ord. 2473 § 3, 19'15). 11.28.040 Licenee - Issuance generally - Fees. The animal control authority may �:ause to be issued an exotic animal owner's license that shall authorize the Licensee to possess or maintain all or some of such species of exotic animals as specified according to Section 11.28.030 herein, provided the applicatioz i�� accompanied by payment of the license fee, contains the information re�;uired by Section 11.28.050; and meets the cage or confinement rules and regulati��ns of the animal control authority. The cost oE s�ich license shall be fifty dollars for the first year and thirty dollars for- each yearly renewal thereafter. All such licenses ehall expire on the f'irsr_ day of April annually and application for renewal shall be made prior thez•eto. (Ord. 2473 § 4, 1975). 11.28.050 I,icense - Application - Content. A verified application for such license made in triplicate shall be filed by the applicant with the animal control authority which application shall contain the following: A legal or othe�rwi:se adequately precise description of the premises which applicant desires to use under the required license; whether the applicant owns or rents the premises to be used; if the applicant rents the premises, a written acknowled��ment by the property owner that the applicant has the owner's permi:�siori to carry on the activity as described in the license application for t:ie duration of the license; the extent of improvement upon such premises: a map or diagram of such premises showing where the improvements a:-e located thereon; a statement indicating the species of exotic animal which the applicant desires to possess or maintain; a statement indicating how the animal will be caged or otherwise confined, accompanied 394 11.28.060*- 11.28.10(1 ANIMAL CONTROL with a drawing detaiLing the dimensions of and the materials used for the cage _..� or similar confinement; and such further information as may be required by rules and regulation:� of the animal control authority. (Ord. 2473 § 5, 1975). 11.28.060 Licenses - Iaeuance - Premises inspaction. If after investiqation by the director of the animal control authority, it appears that the applicant is the owner or tenant of or has a possessory interest in the property shown in tl�e application; if applicable, has the written permission of the property owner as specified in Secton 11.28.050; and that the applicant intends in good fait:h to possess or maintain an exotic animal in accordance with the law and tY:e rules and regulations of the animal control authority; the animal control authority shall issue a license to the applicant describing therein the premises to be used by the licensee and certifying that the licensee is lawfulLy entitled to use the same for the possession or maintenance of the e:xot:ic animal(s) specified in such license; provided that prior to issuinq thE: license the animal control authority shall inspect the cage or other confiiiement as required by rule or regulation and specified in the licensee's application in order to determine whether the caqe or confinement meets tlle standard specifications for the classification of the exotic animal. If the caqe or confinement is deemed inadequate, the applicant shall make such changes as neaessary to meet the standard specifications before the license shall issue. (Ord. 2473 § 6, 1975). 11.28.070 Periodic inspaction of premiees. The director of the animal control authority or. any other officer authorized by him, may make routine periodic inspections of a licensee's premises and records in order to determine the number, kind, weight and condition of exotic animals possessed by the licensee, anct for purposes of enforcing the provisions of this chapter and the rules and re�gulations of the animal control authority. (Ord. 2473 § ' 7, 1975) . 11.28.080 Licena�a revocation - Notice - Hearing. The animal control authority may revoke:, s,uspend or refuse to renew any exotic animal owner's license upon good �:ause for failure to comply with any provision of this chapter or the rules and regulations of the animal control authority authorized by this chapter; provided, that the violator shall be first notified of the specific violation or violations, and if the violation can be remedied, the violator sha11 have fifteen days after receiving the notice of violation to correct the violation; provided further, that enforcement of such revocation, suspension or refusal shall be stayed during the pendency of an appeal filed in the manner provided by Section 11.04.270. (Ord. 2473 § 8, 1975). 11.28.090 Violatioh - Penalty. Any person possessinq or maintaining an exotic animal in Kinq County without an exotic animal owner's license as pro�ided herein, or tr�insterring possession of an exotic animal to a person not licensed as provided by this chapter, is guilty of a misdemeanor and is subject to a fine not to exceed two hundred fifty dollars and/or by imprisonment not to exceed ninety days. (Ord. 2473 § 9, 1975). I1.29.100 Euthanasia in exlqant circumetances. An exotic animal possessed or maintsine� �n violation oF this chapter or the rules and regulations of the animal control authority may be subject to euthanasia as :iefined in Sac:.iort 11.0�3.020 F if any one of the folloWinq exiqent circumstances i� �����neci �� exist by tne director of the animal control �U� 0 P 0 EXOTrC ANIMAIS 11.28.100 - 11.32.010 authority: A. The exotic animal presents an imminent likelihood of serious physical harm to the F�ublic and there is no other reasonably available means of abatement; or B. There is no reasonable basis to believe that the violation can be or in good faith ��ill be corrected and after reasonable search or inquiry by the animal control authority no facility as authorized by local, state or federal law is available to house the exotic animal; or C. The exotic: animal suffers from a communicable disease injurious to other animals c:,r human beings; provided, that this section shall not apply if the animal is �.inder treatment by a licensed veterinarian and may reasonably be expected to recove�r without infecting other animals or human beings. (Ord. 2473 � 10, 197�). 11.28.110 Chapter limitatione. The provisions of this chapter shall not apply to any facility possessing or maintaining exotic animals as defined in this chapter wi�ich is owned, operated or maintained by any city, county, state or the federal government, including but not limited to public zoos. (Ord. 2473 § 11, 1975). . 11.28.120 :'everability. If any clause, sentence, paragraph, or part of this ordinance codified herein, or the application thereof to any person or circumstance sha11 for any reason be adjudged by a court of competent jurisdiction to he invalid, such judgment shall not affect, impair or invalidate the remainder of the ordinance codified in this chapter. (Ord. 2473 § 12, 1975). u Sections: 11.32.010 11.32.020 11.32.030 11.32.040 11.32.050 11.32.060 11.32.070 11.32.080 11.32.090 11.32.100 11.32.110 11.32.120 Chapter 11.32 GUARD DOGS Intent. Definitions. Guard dog purveyor - License - Fees. Guard dog purveyor - License - Application - Contents. Guard dog trainer - License - Fees. Guard dog trainer - License - Application - Contents. Guard dog - Registration. Guard dog - Registration - Application - Contents. Inspections. • Authorization. � Limitations. Severability. 11.32.010 Intent. Zt is the intent of the King County council to set reasonable req�iirements and conditions governing the training, selling and conveying of guard dogs and the use of such animals for the protection of person and/or property. The council finds such regulation is necessary to preserve the publi.c peace and safety and to insure the humane treattnent of said animals. (Orci. 3232 § 1, 19?7). 396 V tr 11.32.020 - 11.32.040 ANIMAL CONTROL 11.32.020 Definitioae. A. "Animal Control Authority" means the King County Animal Control Section, Division of General Services, acting alone or in concert with oth�:r municipalities in the enforcement of the animal control laws of the county and s,tate. B. "Director" means director of the Animal Control Section. C. "Guard dog" means any member of the dog family (canidae) which has been trained or repres�nted as trained to protect person and/or property by virtue of exhibitinq hostile propensities and agressiveness to unauthorized persons. D. "Guard doq purveyor" means any person, firm or corporation supplyinq guard dogs to members of the public. E. "Guard doq trainer" means any person, either as an individual or as an employee of a guard dog purveyor, whose prime function is the training of doqs as guard dogs. F. "Guard dog �wner" means any person, firsa or corporation which esaploys a guard dog to protect person or property from unauthorized intrusion. For purposes of this defin.ition, "owner" includes both the legal owner and any person, firnt or cor�oration who, throuqh arrangement or contract, has secured the use of a guard doc� to protect person and/or property from unauthorized intrusion. � G. "Rules and req�ilations of the Animal Control Authority" means such rules and requlaticns as may be adopted by the Animal Control Authority pursuant to Chapter 2.��8, not inconsistent with the intent of this chapter. (Ord. 3232 § 2, 1977). 11.32.030 (liard doq purneyor - License - Fees. A. it is unlawful for any person, firm or corparation to supply quard dogs to the public without a valid license so to do issued to said person, firsn or corporation by the Animal Control Authority. Onl,,► a person who complies with the requirements of this chapter and such rules and regulations of the Animal Control Authority as may be adopted pursuant he:�eto shall be entitled to receive and retain such a license. Licenses :;hal L not be transferable and shall be valid only for the person and place for wh;ch issued. Said licenses shall be valid for one year from date of issue. B. The fee for such license shall be two hundred fifty dollars per year; provided, that if ttie c;vard dog purveyor is in possession of a valid animal shelter, kennel and pet: shop license, the fee for said guard doq purveyor license shall be reduced by the amount of the animal shelter, kennel and pet shop license. (Ord. 3232 § 3, 1977). 11.32.040 Guard �ioq purveyor - License - Application - Contents. Any person desirinq to sunply guard dogs to the public shall make written application for a l.icense on a form to be provided by the Anitaal Control Authority. Such applic��tion shall be filed with the Animal Control Authority and shall include tht� following: 'A. A legal descri�:�tion of the premises or the business address of the office from which said applicant desires to supply guard dogs; H. A statement of wnether the applicant owns or rents the premises to be used for the purpo=e cf purveying guard dogs. Zf the applicant rents the premises, the applic,ztion shall be accompanied by a written statement of acknowledgment by tre property owner that the applicant has the property owner's oer.nission =o i:urvey guard dogs on the premises for the duration of the license; and \ V t GUARI� DOGS 11.32.040 - 11.32.0£i0 C. A written acknowledgment by the applicant that prior to the actual commercial sale or purveyance of any and all guard dogs the licensee shall coordinate with th�: Animal Control Authority in properly marking the guard dog and in notifyir.g a 11 customers of the guard dog purveyor that the customer is required to rec�iste:r the guard dog and pay the appropriate reqistration fee to King County pri.or to the animal performing guard dog functions. (Ord. 3232 § 4, 1977). 11.32.050 Guarcl doq trainer - License - Fees. A. It is unlawful for anyone to engage iti the training of dogs as guard dogs without a valid license so to do issueel to him/her by the Animal Control Authority. Only a person who complies with �:he requirements of this chapter and the rules and regulations of the Animal c:ontrol Authority shall be entitled to receive and retain such a license. Licer�ses shall not be transferable and shall be valid only for the person for whi�h :i.ssued. Licenses shall be valid for one year from date of issue. B. The cost of such license to each quard dog trainer shall be fifty dollars per yeur. (Ord. 3232 § 5, 1977). ' 11.32.060 �uarc:i doq trainer - License - Application - Contenta. Any person desiring to train dogs as guard dogs shall make written application f or a license on a foim to be provided by the Animal Control Authority. All such applications shall be filed with the Animal Control Authority and shall contain the following: A. A lega:L de:scription or business address of the premises at which the applicant desixes r.o train the quard dogs; B. A statc�ment of whether the applicant is self-employed or a member of a business, firm„ corporation or organization which trains guard dogs. If the applicant is a merlber of such a business, firm, corporation or organization, the applicant :shall state the name of said entity and shall provide the name of the major execut:ive officer of said entity; and C. If the premises at which the applicant proposes to train dogs as guard dogs is rented, the application must be accompanied by a written statement of acknowledgment frcm the property owner that the applicant has the owner's permission to c:�arrf on the activity of guard dog training at said location for the duration of the license. (Ord. 3232 § 6, 1977). 11.32.070 C�arci dog - Reqistration. All persons using dogs as guard dogs shall register the dogs with the Animal Control Authority. The cost of such registration ::ha1:1 be fifty dollars per year for the first year and twenty-five dollai�s per year for the second and subsequent years. Said registrations sha11 be valid for one year from date of issue. All registrations :sha11 be affixed on the guard dog in such a manner so as to be readily identifiab'�e. (Ord. 3232 § 7, 1977). 11.32.080 Guard doq - Registration - Application - Contents. Any person desiring to us�� a guard dog shall register said dog with the Animal Control Authority and sa.id registration shall be accompanied by the following information: A. A leg�.l applicant desi�es intrusion; �iescription or business address of the premises which the to employ a registered guard dog to prevent unauthorized B. A stat.emetlt whether the applicant owns or rents the premises to be 398 11.32.080 - 11.32.120 ANIMAL CONTROL guarded. If the applicant rents the premises, the application must be• accompanied by a wcitten statement of acknowledqment from the property owner that the applicant:. has the owner's permission to use a quard dog on the premises to prev�ant unauthorized intrusion for the duration of the registration; C. A description c,f the guard dog for purposes of identification; D. Acknowledgraent by the applicant of whether the guard doq has been trained as a guard dog to exhibit hostile propensities; E. Acknowledgnient by the applicant that the premises to be quarded has devices, such as fe:ncing, to prevent general access by the public durinq those times the guard d��g is used for purposes of protecting said premises and persons for unauthorized intrusion. Said acknowledgment shall contain a statement that the premises is properly signed to fo'rwarn the public of the presence of a quard dog; and F. Acknowledgn�ent by the applicant that the quard dog will be maintained in such a manner a:� to insure the safety of the public and the welfare of the animal. (Ord. 3232 § 8, 19�7). 11.32.090 Inepectione. The director of the Animal Control Authority or his authorized repx•esentative shall inspect all premises which are the subject of the licenses a�Yd registrations required herein prior to the issuance of said licenses and/or r.egistrations. Said inspections shall include, but not be limited to, a ve�ification that adequate measures are being taken to protect the health, we:Lfare and safety of the general public and to insure the humane treatment of the guard dogs. If the premises are deemed inadequate, the Animal Control Aut.hority shall direct the applicant to make such chanqes as are necessary before the license or registration is issued. The director of the Animal Control Authority or this authorized representative may make such routine perio�iic inspections of a licensee's premises or the premises of an area guarded by a registered guard dog for the purpose of enforcing the provisions of this chapter and the rules and regulations of the Animal Control Authority. (Ord. 3232 § 9, 1977). 11.32.100 Authorization. In protecting the health, safety and welfare of the public; to enfc�rce the laws of the state of Washington as they pertain to animal cruelty, shelter, welfare and enforcement of control; the director of the Animal Control Authority and his authorized officers are authorized to take such lawful action in exercising appropriate powers and responsibilities contained in Artic�le III of Ordinance No. 1396 and Chapter 11.04 of this code. (Ord. 3232 § 13, 1977). 11.32.110 Limitatione. The provisions of this chapter shall not apply to any facility possessing or maintaining dogs or guard dogs as defined in this chapter which is o-aned, and operated or maintained by any city, county, state or the federal gov��rnment; provided, private parties renting or leasing public fa�ilities for commercial purposes as specified in this chapter shall not be exempt. (Ord. 323�: § 14, 1977). 11.32.120 Sevei•ability. Should any section, subsection, paragraph, sentence, clause c:,r phrase of this chapter be declared unconstitutional or invalid for any r��ason, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 3232 § 15, 1977). �