Title 8
ANIMAL REGULATIONS

Chapters:

8.04 Dogs and Cats

8.06 Kennels, Pet Shops and Other Boarding Places

8.08 Exotic Animals

Chapter 8.04
DOGS AND CATS

Sections:

8.04.010 Purpose.

8.04.020 Definitions.

8.04.025 Mandatory spaying and neutering.

8.04.030 Annual license required.

8.04.040 Application for license – Fees – Late fees – Waiver.

8.04.045 Special permanent license – Purchase by residents 65 years of age or older.

8.04.050 Dog collar – Shape and size of license tag – Removal of tag.

8.04.060 Change in ownership – Fee.

8.04.065 Advertising requirements.

8.04.070 Lost tag – Replacement fee.

8.04.080 Move into city – Transfer fee.

8.04.085 Rabies vaccination – Required.

8.04.090 Control of animals.

8.04.100 Complaints – Adjudication of classification of animal.

8.04.110 Nuisances defined – Violation.

8.04.115 Transfer of unaltered dogs and cats prohibited.

8.04.120 Cruelty to animals.

8.04.125 Unlawful acts against police department dogs.

8.04.130 Abandonment of animal – Penalty – Costs.

8.04.140 Disposition of abandoned animal.

8.04.150 Impounding procedures.

8.04.160 Impounding fees.

8.04.170 Sale of impounded animal – Disposition of proceeds.

8.04.180 Holding and care of impounded animals.

8.04.190 Killing dangerous animals.

8.04.200 Confinement of biting dogs.

8.04.210 Enforcement power.

8.04.215 Unauthorized release of animals from confinement.

8.04.220 Violation – Penalty.

8.04.230 Repealed.

8.04.240 Personal obligations.

8.04.250 Costs of enforcement action.

8.04.260 Violations – Notice and order.

8.04.270 Appeals.

8.04.010 Purpose.

This chapter is enacted for the purpose of regulating the keeping of animals within the city. The fees, charges and penalties collected hereunder shall be budgeted to defray, in whole or in part, the expense of such regulation. (Ord. 1842 § 1, 1974; 1961 code § 8.04.010.)

8.04.020 Definitions.

In construing the provisions of this title, except where otherwise plainly declared or clearly apparent from the context, words used herein shall be given their common and ordinary meaning; in addition, the following definitions shall apply:

1. “Animal” includes any living creature except Homo sapiens, insects and worms.

2. “Animal control authority” means the King County animal control section, licensing and regulatory services division, as agent of the city, or any duly authorized agent of the city, acting alone or in concert with other municipalities for enforcement of the animal control laws of the city and state and the shelter and welfare of animals.

3. “Animal control officer” means any individual employed, contracted or appointed by the animal control authority or by the city for the purpose of aiding in the enforcement of this title or any other law or ordinance relating to the licensing of animals, control of animals or seizure and impoundment of animals, and includes any state, county or municipal police officer, sheriff, constable or other employee whose duties, in whole or in part, include assignments which involve the seizure and taking into custody of any animal.

4. “At large” means to be off the premises of the owner and not under the control of the owner or of a competent person authorized by the owner, whether by leash or otherwise; but an animal within an automobile or other vehicle of its owner shall be deemed to be upon the owner’s premises.

5. “Barking dog” means any dog which, by frequent or habitual howling, yelping or barking, unreasonably annoys or disturbs other persons in the vicinity of the premises or upon the public street or in a public place.

6. “Cat” or “dog” include both male and female, altered or unaltered.

7. “Cattery” means a place where four or more adult cats are kept, whether by owners of the cats or by persons providing facilities and care, whether or not for compensation, but not including a pet shop. An adult cat is one of either sex, altered or unaltered, that has reached the age of six months.

8. “Depredatory animal” includes any animal of either sex whose actions or habits customarily defile, despoil or damage property of persons other than or in addition to its owner.

9. “Domesticated animal” includes, but is not limited to any dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep or hog, or other animal made to be domestic.

10. “Euthanasia” means the humane destruction of an animal by a method that causes painless loss of consciousness and death during such loss of consciousness.

11. “Fostering” means obtaining unwanted dogs or cats and locating adoptive homes for those licensed and spayed or neutered dogs or cats. Individuals who wish to foster dogs and cats, and who through such activity shall routinely or from time to time harbor, keep or maintain more dogs and cats than allowed in this title, must obtain either an individual or organizational private animal placement permit.

12. “Grooming service” means any place or establishment, public or private, where animals are bathed, clipped or groomed, for a consideration, for the purposes of enhancing their aesthetic value and/or health.

13. “Harboring.” The occupant of any premises on which an animal remains or to which it customarily returns daily for food and care for a period of 10 days is presumed to be harboring or keeping the animal within the meaning of this title.

14. “Hobby cattery” means a noncommercial cattery at or adjoining a private residence where four or more adult cats are bred or kept for exhibition for organized shows or for the enjoyment of the species; provided, however, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the legal limit.

15. “Hobby kennel” means a noncommercial kennel at or adjoining a private residence where four or more adult dogs are bred and/or kept for hunting, training, exhibition for organized shows, field, working and/or obedience trials, or for enjoyment of the species. An adult dog is one of either sex, altered or unaltered, that has reached the age of six months.

16. “Juvenile” means any dog or cat, altered or unaltered, that is under the age of six months.

17. “Kennel” means a place where four or more adult dogs are kept, whether by owners of the dogs or by persons providing facilities and care whether or not for compensation, but not including a pet shop. An adult dog is one of either sex, altered or unaltered, that has reached the age of six months.

18. “Leash” includes a cord, thong or chain, not more than eight feet in length, by which an animal is controlled by the person accompanying it.

19. “License” means any license or exotic pet license issued by or on behalf of the city under this title.

20. “Owner or keeper” includes any person having an interest in or right of possession to an animal or any person having control, custody or possession of an animal or who by reason of the animal being seen residing consistently at a location shall be presumed to be the owner or keeper.

21. “Officer” or “official” means any police officer or any officer, official, person or persons designated by the animal control authority or the city manager or by ordinance of this city to issue licenses, pick up, restrain, impound, sell, dispose or give notice for all other acts, duties or functions prescribed by ordinance of the city relating to the animals herein regulated.

22. “Pack of dogs” consists of a group of two or more dogs running upon either public or private property not that of the dogs’ owner in a state in which either control of the dog or its ownership is in doubt and when such dogs are not under restraint.

23. “Pet” shall mean dog or cat or any other animal required to be licensed by the provisions of this title. The terms “dog” or “cat” and “pet” may be used interchangeably.

24. “Pet shop” includes any establishment or place where live animals, birds or fish and/or supplies are kept and offered for sale to the public or to retail outlets.

25. “Private animal placement permit, individual” means a permit issued to persons engaged in fostering dogs and cats who meet certain requirements to allow such persons to possess more dogs and cats than is specified in this title. Persons holding an individual private animal placement permit and fostering dogs and cats must locate an adoptive home for a dog or cat within six months of acquisition.

26. “Private animal placement permit, organizational” means permits issued to organizations engaged in fostering dogs and cats, such organizations having first met certain requirements. These organizations may distribute these permits to individuals who will foster the dogs and cats in their homes. The permits will allow such persons to possess more dogs and cats than is specified in this title. Such organizations must be approved by the director, and their permit holders must locate an adoptive home for a dog or cat within six months of acquisition.

27. “Public emergency” includes any situation resulting from conditions of war, insurrection, contagious diseases or other circumstances which, in the opinion of the chief of police, warrants the restraint and confinement of animals within the premises of the owner or keeper.

28. “Restraint.” An animal is considered to be under restraint if it is confined within the property limits of its owner or keeper by a suitable fence or securely restrained within the premises by a leash affixed to a post or other securely fixed object.

29. “Running at large” means to be off the premises of the owner and not under the control, either by leash or other means, of the owner or a competent person authorized by the owner.

30. “Service animal” means any animal, which is trained or being trained to aid a person who is blind, hearing impaired, or otherwise disabled and is used for the purpose and is registered with a recognized service animal organization.

31. “Shelter” means a facility which is used to house or contain stray, homeless, abandoned or unwanted animals which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit organization devoted to the welfare, protection and humane treatment of animals.

32. “Spayed female” includes a female cat or dog which has been sterilized by a licensed veterinarian to avoid or prevent conception. Proof of such sterilization must be evidenced by a certificate of a licensed veterinarian.

33. “Special hobby kennel license” means a license issued to pet owners under certain conditions, who do not meet the requirements for a hobby kennel license, to allow them to retain only those specific dogs and cats then in their possession until such time as the death or transfer of such animals reduces the number they possess to the legal limit.

34. “Under control” means the animal is under voice and/or signal control so as to be thereby restrained from approaching any bystander or other animal and from causing or being the cause of physical or property damage when off a leash or off the premises of the owner.

35. “Veterinary hospital” includes any establishment maintained and operated by a licensed veterinarian for the diagnosis, treatment and care of diseased or injured animals and for their care and training.

36. “Vicious” means the propensity to do any act that might endanger the safety of a person, animal or property 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 untrained nature. (Ord. 4865 § 1, 1996; Ord. 4577 § 1, 1993; Ord. 1842 § 1, 1974; 1961 code § 8.04.020.)

8.04.025 Mandatory spaying and neutering.

A. No person shall own or harbor any cat or dog over the age of six months that has not been spayed or neutered unless the person holds an unaltered animal license for the animal pursuant to BCC 8.04.040.

B. Guide dog puppies in training and police service dogs are exempted from provisions of this section.

C. Any dog or cat over the age of six months adopted from an animal shelter in the city shall be spayed or neutered before transfer to owner. (Ord. 4577 § 2, 1993.)

8.04.030 Annual license required.

Except as provided in BCC 8.06.070, all dogs and cats eight weeks and over which are harbored, kept or maintained in the city shall be licensed and registered annually. The provisions of this section shall not apply to dogs or cats in the custody of a veterinarian or animal shelter or whose owners are nonresidents temporarily within the city for a period not exceeding 30 days. The provisions of this section shall not apply to dogs used by the police department for police work. (Ord. 4865 § 2, 1996; Ord. 4577 § 3, 1993; Ord. 3811 § 1, 1987; Ord. 1842 § 1, 1974; 1961 code § 8.04.030.)

8.04.040 Application for license – Fees – Late fees – Waiver.

A. Issuance – Fees. Dog and cat licenses shall be issued by the animal control authority or by the city upon application and payment of license fees in the amount specified in this section. Applications for a dog or cat license shall be on forms provided by the animal control authority or by the city. The application shall list the name, address and phone number of the owner of the animal and such information shall be kept, conveniently indexed, by the licensing official together with the number of the license issued.

Pet licenses for unaltered dogs and cats will be valid for a term of one year from the date of issuance, expiring on the last day of the twelfth month. Pet licenses for altered dogs and cats will be valid for one year, expiring on the last day of the twelfth month. There is no proration of any license fees. Renewal licenses will retain the original expiration period whether renewed prior to, on, or after their respective renewal month.

Juvenile licenses must be obtained for pets from eight weeks to six months of age. Fees shall be assessed according to the following schedule:

1. Pet license for unaltered dog or cat: $55.00;

2. Pet license for altered dog or cat with proof that animal has been neutered or spayed: $15.00;

3. Juvenile pet license: $5.00;

4. Senior citizen/lifetime license:

a. Dogs, with proof that animal has been neutered or spayed: $20.00;

b. Cats, with proof that animal has been neutered or spayed: $12.00;

5. Individual private animal placement permit: $25.00;

6. Organizational private animal placement permit: $10.00;

7. Adoptions – per animal: $60.00. This is a one-price fee which includes the fee for adopting an animal, the license fee and the spaying/neutering of the animal;

8. Spay/neuter deposit – per animal: $35.00;

9. Exotic pet license:

a. New: $500.00;

b. Renewals: $250.00.

B. Late Fees. The following late fees are applicable in cases of late registration and licensing of dogs and cats provided in this chapter:

1. Late new license application fee: $25.00;

2. Late license renewal application fee:

a. Received after 30 days of license expiration but before 60 days or failure to comply with subsection (B)(3) of this section: $10.00;

b. Received after 60 days of license expiration but before 90 days: $20.00;

c. Received after 90 days of license expiration: $40.00;

3. No late fee shall be charged on new license applications if:

a. The owner submits proof of purchase or acquisition of the animal within the preceding 30 days; or

b. The owner has moved into the county within the preceding 30 days; or

c. The animal is currently, or has been within the preceding 30 days, under the age which requires a license; or

d. The owner purchases the license(s) voluntarily, prior to in-person or field contact by animal control personnel; or

e. The owner submits other proof deemed acceptable in the section’s administrative rules and regulations.

C. Waiver of Fees. The director of the animal control authority is authorized to waive licensing fees, late licensing fees, adoption fees, and redemption and sheltering fees, in whole or in part, when to do so would further the goals of this title and be in the public interest. (Ord. 5047 § 1, 1998; Ord. 4865 § 3, 1996; Ord. 4577 § 4, 1993; Ord. 3773 § 1, 1987; Ord. 3094 § 1, 1982; Ord. 2295 § 1, 1976; Ord. 2175 § 1, 1975; Ord. 1842 § 1, 1974; 1961 code § 8.04.035.)

8.04.045 Special permanent license – Purchase by residents 65 years of age or older.

City residents 65 years of age or older shall be entitled to purchase a special permanent license for the lifetime of cats or dogs for which they are the registered owner when the animals are maintained at the owner’s registered address. A special permanent license will be issued only for a cat or dog which has been neutered or spayed. Eligible residents may purchase the special permanent animal licenses in accordance with the fee schedule specified in BCC 8.08.040.

Such persons shall not be required to annually purchase a new license for the lifetime of such licensed animals; provided, that no person shall be granted more than three permanent animal licenses for any combination of three cats and dogs for which they are the registered owners; provided further, that any permanent license issued under this section shall terminate at any time the person issued such license ceases to be the owner of the licensed dog or cat; provided further, that the animal control authority is authorized to enact the necessary rules and procedures to efficiently implement the programs. (Ord. 3773 § 2, 1987; Ord. 3094 § 2, 1982; Ord. 2392 § 1, 1977.)

8.04.050 Dog collar – Shape and size of license tag – Removal of tag.

Each licensed dog shall be provided by the owner or keeper with a suitable collar or harness which shall be worn by the animal at all times. To such collar or harness shall be affixed a tag provided by the animal control authority for each year for which a license has been procured. Such license tag shall be so affixed as to hang and be discernible to a person of normal vision at not less than 10 feet. The license tag shall be stamped with the number and year for which it is issued. As an alternative to a license tag, at the option of the owner, a dog or cat may be identified as licensed by being tattooed on its right ear or on its inside right thigh or groin with a license number approved or issued by the city. (Ord. 1842 § 1, 1974; 1961 code § 8.04.040.)

8.04.060 Change in ownership – Fee.

A. It shall be a violation of this chapter for any person to sell or transfer ownership of any pet without a pet license. The King County animal control authority shall be notified of the name, address and telephone number of the new owner by the person who sold or transferred the pet.

B. Whenever the ownership of a dog or cat changes, the new owner shall notify the licensing official and pay to the official a sum equal to 50 percent of the annual fee, whereupon the licensing official shall change the record accordingly for such dog or cat and the previously issued license for such dog or cat shall remain valid for the remainder of the year. (Ord. 4577 § 5, 1993; Ord. 1842 § 1, 1974; 1961 code § 8.04.045.)

8.04.065 Advertising requirements.

No person shall publish or advertise to the city’s residents the availability of any unaltered dog or cat unless the publication or advertisement includes: the unaltered animal’s license number or the animal’s juvenile license number; provided, however, that nothing in this chapter shall prohibit licensed breeders from advertising in national publications for sale of a planned litter or litters. (Ord. 4577 § 6, 1993.)

8.04.070 Lost tag – Replacement fee.

Any owner or keeper of a licensed dog or cat whose current license tag has been lost may obtain a replacement tag, prior to impounding of such dog or cat, by payment of a fee of $3.00 to the licensing official. (Ord. 4577 § 7, 1993; Ord. 1842 § 1, 1974; 1961 code § 8.04.050.)

8.04.080 Move into city – Transfer fee.

Owners of dogs and/or cats which hold valid licenses from other jurisdictions and who move into the city may transfer the license by paying a transfer fee of $3.00. Such license shall maintain the original expiration date. (Ord. 4577 § 8, 1993.)

8.04.085 Rabies vaccination – Required.

All dogs and cats six months of age or older shall be vaccinated against rabies. All vaccinations shall be performed in accordance with the standards contained in the Compendium of Animal Rabies Control as amended, published by the National Association of State Public Health Veterinarians, Inc. (Ord. 4577 § 9, 1993.)

8.04.090 Control of animals.

It is unlawful for the owner or keeper:

A. To permit an animal to run at large on public grounds or public playgrounds;

B. To permit a dog in parks or beaches except on a leash and subject to all applicable park rules and regulations or ordinances regulating the use of parks;

C. To permit any animal to enter a church, market or other place where food is stored, prepared, served or sold to the public or any other public place or hall, except for animal shows or other exhibition purposes, veterinary hospitals, kennels or places for which the licensing official has issued a permit under provisions of this title, or organized dog training classes where at least 24 hours’ advance notice has been given to the official, by such persons requesting to hold such animal shows, exhibitions or dog training classes; provided, however, that such subsection shall not apply to any blind person using a trained seeing-eye dog;

D. To permit a female dog to run at large while in heat (estrus);

E. To permit a dog to roam, run, stray or be away from the premises of the owner or custodian and to be on any public place or on any private property of another in the city, unless such dog while away from such premises is controlled by a leash or chain not more than eight feet in length, such control to be exercised by the owner or custodian or other competent and authorized person; and any dog found roaming, running, straying or being away from the premises of the owner or custodian and not under control as herein provided may be impounded subject to redemption in the manner provided by ordinance;

F. To permit a vicious, depredatory, destructive or diseased animal to run at large after the owner or keeper has been notified by an official that such animal has been so classified or that reports or complaints of one or more persons have been filed or registered with the animal control officer which would put the owner or keeper on notice of a disposition or tendency, condition or conduct of such animal that creates a threat of injury to any person or animal or properties of others;

G. To permit any animal of fierce, dangerous or vicious tendencies to run at large within the city and fail to keep such animal securely confined when on the owner’s premises so that such animal cannot reach mailmen, delivery men or others who may have occasion to enter the owner’s premises in the course of their lawful work;

H. To harbor or permit a barking dog as defined in BCC 8.04.020(6);

I. To keep, harbor or maintain animals known to have a contagious disease unless under the treatment of a licensed veterinarian;

J. For any person owning or having control of any cattle, horses, goats, swine or sheep to permit or suffer such animals to escape from the premises owned, leased or occupied by the owner or custodian of such animals, or to run at large onto the streets, sidewalks or ways of the city or upon any property therein not owned, leased or occupied by such person;

K. For the owner or keeper of cattle, horses or goats to stake out or tether such animals along the public ways of the city or upon the property of any person other than the owner or person having custody of such animals without the prior consent of the owner, lessee or occupant of the land upon which such animals are staked or tethered. (Ord. 4577 § 10, 1993.)

8.04.100 Complaints – Adjudication of classification of animal.

A. Any person reasonably apprehensive over the safety of his person, his family or his property because of the threatening, vicious or depredatory actions of any animal may make written complaint, giving such information as may be required by the official.

B. Any owner or keeper aggrieved at the classification of his animal as vicious, depredatory or destructive may request a hearing before the district court judge to determine the justification of such classification or the merit of the complaints. In the event of the affirmative of such classification, the owner or keeper appealing shall pay the costs of such hearing including a $6.00 filing fee and the fees to other witnesses called by the official in support of the classification. (Ord. 1842 § 1, 1974; 1961 code § 8.04.100.)

8.04.110 Nuisances defined – Violation.

A. Any public nuisance related to animal control known at common law or equity jurisprudence.

B. Any domesticated animal 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 walking or exercising an animal in a public park or on any public beach when such animal is on a leash, tether or chain not to exceed eight feet in length. This section shall not apply to any blind person using a trained seeing-eye dog, to animal shows, exhibitions or organized dog training classes where at least 24 hours’ advance notice has been given to the animal control authority by such persons requesting to hold such animal shows, exhibitions or dog training classes;

C. Any animal which enters any place where food is stored, prepared, served or sold to the public, or any other public building or hall. This section shall not apply to any blind person using a trained seeing-eye dog, to veterinary offices or hospitals or to animal shows, exhibitions or organized dog training classes where at least 24 hours’ advance notice has been given to the animal control authority by such persons requesting to hold such animal shows, exhibitions or dog training classes;

D. A female domesticated animal while in heat (estrus), accessible to other animals for purposes other than controlled or planned breeding;

E. Any domesticated animal which chases, runs after or jumps at vehicles using the public streets and alleys;

F. Any domesticated animal which habitually snaps, growls, snarls, jumps upon or otherwise threatens persons using the public sidewalks, streets, alleys or other public ways;

G. Any animal which has exhibited vicious propensities and which constitutes a danger to the safety of persons or property off its premises or lawfully on its premises;

H. An animal with vicious propensities which runs at large at any time, or which is off its owner’s premises not securely leashed on a line or confined or under the control and restraint of a person of suitable age and discretion;

I. Any domesticated animal which, by frequent or habitual howling, yelping, whining or barking or other oral noises unreasonably annoys or disturbs other persons in the vicinity of the premises or upon the public street;

J. Any domesticated animal which enters upon another person’s property without the permission of that person;

K. Animals staked, tethered or kept on public property without prior written consent of the animal control authority;

L. Animals on any public property not under control by the owner or other competent person;

M. Animals kept, harbored or maintained and known to have a contagious disease, unless under the treatment of a licensed veterinarian;

N. Dogs running in packs. (Ord. 4577 § 11, 1993; Ord. 1842 § 1, 1974; 1961 code § 8.04.110.)

8.04.115 Transfer of unaltered dogs and cats prohibited.

It is a violation of this chapter to sell or give away unaltered dogs and cats in any public places or to auction off or raffle unaltered dogs or cats as prizes or gifts. (Ord. 4577 § 12, 1993.)

8.04.120 Cruelty to animals.

A. Injuring Animal with Vehicle. No person shall wilfully injure, beat, abuse or run down any animal with a vehicle. Any person who kills or injures an animal while driving a vehicle shall stop at the scene of the accident and render such assistance as practicable, shall make reasonable efforts to locate and identify himself to the owner and shall report the accident immediately to the police department or animal control officer.

B. Feeding and Care of Animals. It is unlawful for any person to keep or harbor an animal within the city without providing a suitable dry place for the housing thereof or to fail to provide a suitable amount of wholesome food and clean water for the nutrition and comfort thereof or to leave the premises upon which such animal is confined or to which it customarily returns for more than 24 hours without providing for the feeding and care of such animal in the absence of such person.

C. Poisoning of Animals. It is unlawful to lay out or to expose any kind of poison or to leave any poisoned food or drink for man, animal or fowl, or any substance 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; except, that the provisions of this section shall not apply to the killing by poison of any animal or bird in a lawful and humane manner by the owner thereof or by a duly authorized servant or agent of such owner, or by a person acting pursuant to instructions from a duly constituted public authority, in accordance with the exceptions in RCW 16.52.190.

D. Injury to Animal – Neglect of Injured Animal. It is unlawful for any person to:

1. Wilfully and cruelly injure or kill any animal by any means causing it fright or pain;

2. By reason of neglect or intent, to cause or allow any animal to endure pain, suffering or injury or to fail or neglect to aid or attempt alleviation of pain, suffering or injury such person has caused to any animal. (Ord. 4577 § 13, 1993; Ord. 1842 § 1, 1974; 1961 code § 8.04.120.)

8.04.125 Unlawful acts against police department dogs.

A. No person shall wilfully torment, torture, beat, kick, strike or harass any dog used by a police department for police work, or otherwise interfere with the use of any such dog for police work by the department or its officers or members.

B. Any person who violates subsection A of this section shall be deemed guilty of a misdemeanor. (Ord. 4577 § 14, 1993.)

8.04.130 Abandonment of animal – Penalty – Costs.

It is unlawful for any person to abandon, within the city, any domestic animal by dropping off or leaving such animal on the street, road or highway or any other public place, or upon private property without the owner’s consent. An animal is abandoned when left in any such place without any provision made for the care and feeding of such animal or for the return of such animal to its owner or keeper. Any person violating this section shall, upon conviction, be punished by a fine as provided for in BCC 8.04.220, and shall be required to reimburse the city for any reasonable and necessary costs incurred by the city for the care or disposition of the abandoned animal. (Ord. 1842 § 1, 1974; 1961 code § 8.04.130.)

8.04.140 Disposition of abandoned animal.

Any animal found to be abandoned, and whose owner is unknown or cannot be located, may be disposed of by the city as provided by BCC 8.04.150. (Ord. 1842 § 1, 1974; 1961 code § 8.04.140.)

8.04.150 Impounding procedures.

A. The director of the animal control authority and his authorized representatives may apprehend any animal 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 control officer shall ascertain whether they are licensed, or otherwise identifiable. If reasonably possible, the animal control authority shall return the animal to the owner, together with a notice of violation of this code. If it is not reasonably possible to immediately return a currently licensed animal to its owner, the animal control authority shall notify the owner within a reasonable time by regular mail or telephone that the animal has been impounded and may be redeemed. Any currently licensed animal impounded pursuant to this code shall be held for the owner at least 120 hours after telephone contact by the impounding agency or at least two weeks after posting of the notification of impoundment by regular mail; any other animal impounded pursuant to this chapter shall be held for its owner at least 72 hours from time of impoundment. Any animal suffering from serious injury or disease may be humanely destroyed, or, in the discretion of the impounding authority, may be held for a longer period and redeemed by any person on payment of charges not exceeding those prescribed herein. No live animal shall be used for experimentation purposes.

B. Any animal not redeemed shall be treated in one of the following ways:

1. Made available for adoption at a fee of $7.50 per animal.

a. Any person may adopt an animal impounded pursuant to provisions contained in this chapter when all available costs, redemption fees, penalties, and boarding costs incurred in such impoundment are made payable to the county finance director, which may be accepted by the animal control authority acting as agent for the county.

b. All dogs and cats over the age of six months adopted from the city shall be spayed or neutered prior to adoption. A spay/neuter deposit shall be charged for dogs and cats under the age of six months which are too young to be spayed/neutered prior to adoption. This deposit will be returned to the adopting person upon submission of proof that the sterilization was performed within six months from the date of adoption. Failure to spay/neuter such dog or cat is a violation of this chapter and a breach of the adoption contract and will result in the forfeiture of the adoption and return of the dog or cat to King County animal control for the required spaying/neutering.

c. No animal impounded in the city shall be sold for the purposes of medical research to any research institute or any other purchasers.

d. Any unaltered dog or cat impounded more than once shall be spayed or neutered either by the animal control authority prior to the release of the dog or cat, or, at the request of the owner, by the owner of the dog or cat; provided the owner agrees to pay a cash deposit of $250.00 and provide proof of neutering or spaying on a form provided by the animal control authority. In order for the deposit to be refunded to the owner the form must be certified by a licensed veterinarian within five days of release of the dog or cat to the owner. If proof of neutering or spaying is not provided within five days, the animal control authority will have the right to again impound the dog or cat to ensure that it is spayed or neutered. If the dog or cat is spayed or neutered by the animal control authority, the cost of the spay or neuter shall be charged to the owner upon redemption but shall be deducted from the impound/redemption fees otherwise required under this chapter. (Ord. 4865 § 4, 1996; Ord. 4577 § 15, 1993; Ord. 3773 § 4, 1987; Ord. 1842 § 1, 1974; 1961 code § 8.04.150.)

8.04.160 Impounding fees.

Any animal impounded pursuant to provisions of BCC 8.04.150 may be redeemed upon payment of the fee as provided herein. The redemption fee for dogs and cats shall be $30.00 for each such dog or cat on the first offense, $60.00 on the second offense, within one year of the first offense, and $90.00 on the third offense, within one year of the first offense. Owners of impounded licensed dogs or cats shall not be charged a redemption fee on the first offense, but shall be charged on the second offense at the second offense rate. An additional fee of $7.00 for each 24-hour period, or portion thereof, during which such dog or cat is retained by the impounding agency shall be made payable to the county comptroller. The redemption fee for livestock shall be $100.00 per animal impound incident plus any hauling and boarding costs due. Livestock not redeemed may be sold at public auction by the impounding agency. The hauling and boarding costs for livestock impounded shall be in accordance with the rate established by contract between King County and the given stockyard used for holding such animal. (Ord. 4577 § 16, 1993; Ord. 3773 § 5, 1987; Ord. 1842 § 1, 1974; 1961 code § 8.04.160.)

8.04.170 Sale of impounded animal – Disposition of proceeds.

The proceeds of the auction or other sale of any impounded animal after the expiration of the period of redemption above provided shall be applied first to the cost of apprehension, license and the care of the animal at the rate set in BCC 8.04.160 and the balance of such proceeds shall be deposited with the general funds of the city. (Ord. 1842 § 1, 1974; 1961 code § 8.04.170.)

8.04.180 Holding and care of impounded animals.

All animals arrested and impounded shall be given humane care and properly fed during such detention and reasonable effort shall be exerted to segregate such animals as to size, condition and temperament so that the timid, sick, weak or injured animals will not suffer from the actions of others. (Ord. 1842 § 1, 1974; 1961 code § 8.04.180.)

8.04.190 Killing dangerous animals.

If any fierce, dangerous, vicious or depredatory animal cannot be safely taken up and impounded, such animal may be slain by any police officer or authorized animal control officer. (Ord. 1842 § 1, 1974; 1961 code § 8.04.190.)

8.04.200 Confinement of biting dogs.

It is unlawful for the owner of any animal, when notified that such animal has bitten any person or has so injured any person as to cause an abrasion of the skin, to sell or give away such animal or permit or allow such animal to be taken beyond the limits of the city except to a veterinary hospital, and it shall be the duty of such owner upon receiving notice of the character aforesaid to immediately place such animal in a duly licensed veterinary hospital where such animal shall be confined for a period of at least 10 days or to deliver such animal to any officer for such placement; provided, upon authorization of a licensed veterinarian, with the consent of the city health officer, such animal may be released to the custody of its owner upon the owner’s undertaking to keep the same securely chained and confined to the premises of the owner and segregated from any other animals during such observation period. (Ord. 1842 § 1, 1974; 1961 code § 8.04.200.)

8.04.210 Enforcement power.

A. The King County animal control division, department of general services, as agent of the city, or any other duly authorized agency of the city, acting alone or in concert with other municipalities, is authorized to take such lawful action as may be required to enforce the provisions of this title and the laws of the state as they pertain to animal cruelty, shelter, welfare and enforcement of control.

B. The officer or official shall not enter a building designated for use for private purposes, unless a proper warrant has first been issued upon a showing that the officer or official has reasonable cause to believe an animal is being maintained in the building in violation of this title.

C. The officer or official, while pursuing any animal observed by the officer to be in violation of this title, may enter upon any public or private property, except any building designated for and used for private purposes, for the purpose of abating the animal violation being pursued.

D. No person shall deny, prevent, obstruct, or attempt to deny or prevent or obstruct an officer from pursuing any animal observed to be in violation of this title. Further, no person shall fail or neglect, after a proper warrant has been presented, to promptly permit the officer or official to enter private property to perform any duty imposed by this title. (Ord. 1842 § 1, 1974; 1961 code § 8.04.210.)

8.04.215 Unauthorized release of animals from confinement.

No person other than the owner or person authorized by the owner of the animal shall release any animal from any confinement, vehicle or restraint unless such release is necessary for the immediate health and safety of the animal; provided this section shall not apply to peace officers and animal control or humane officers. (Ord. 4577 § 17, 1993.)

8.04.220 Violation – Penalty.

Any person who allows any animal to be maintained in violation of this title is guilty of a misdemeanor punishable by a fine of not more than $250.00 and/or imprisonment for a term not to exceed 90 days. (Ord. 1842 § 1, 1974; 1961 code § 8.04.220.)

8.04.230 Civil penalty.

Repealed by Ord. 5416. (Ord. 4865 § 5, 1996; Ord. 1842 § 1, 1974; 1961 code § 8.04.230.)

8.04.240 Personal obligations.

The civil penalty and the billable costs are also personal obligations of the animal owner. The city attorney, on behalf of the city, may collect the civil penalty and the billable costs by use of all appropriate legal remedies. (Ord. 1842 § 1, 1974; 1961 code § 8.04.240.)

8.04.250 Costs of enforcement action.

In addition to the costs and disbursements as provided for by statute, the city, in a collection action under this title may, in the court’s discretion, be allowed interest and a reasonable attorney’s fee when the city is the prevailing party. The city attorney shall seek such costs, interest and reasonable attorney’s fees on behalf of the city. (Ord. 1842 § 1, 1974; 1961 code § 8.04.250.)

8.04.260 Violations – Notice and order.

In addition to or as an alternative to any other penalty provided herein or by law, any violation of any provision of this title shall constitute a civil violation as provided in Chapter 1.18 BCC, for which a monetary penalty may be assessed and abatement may be required as provided therein.

A. Whenever the director or authorized animal control 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 order 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 contain:

1. The name and address if known of the owner or person presumed to be the owner of the animal in violation of this chapter;

2. The license number, if available, and description of the animal in violation sufficient for identification;

3. A statement to the effect that the director or authorized animal control officer has found the animal maintained illegally with a brief and concise description of the conditions which caused the animal to be in violation of this chapter;

4. A statement of the action required to be taken to abate the violation, as determined by the director of the animal control authority.

a. If the director has determined the animal in violation must be disposed with, the order shall require that the abatement be completed within a specified period of time from the date of the order as determined by the director to be reasonable;

b. If the director of the animal control authority has determined to assess a civil penalty, the order shall require that the penalty shall be paid within 14 days from the date of the order;

5. Statements advising that if any required abatement is not commenced within the time specified, the director of the animal control authority will proceed to cause abatement and charge the costs thereof against the owner;

6. Statements advising:

a. That a person having a legal interest in the animal may appeal from the notice of violation and order or any action of the director of the animal control authority to the board of appeals, provided the appeal is made in writing as provided by this chapter, and filed with the director of the animal control authority within 14 days from the date of service of such notice of violation and order;

b. That failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.

C. The notice and order shall be served on the owner or presumed owner of the animal in violation.

D. Service of the notice of violation and order shall be made upon all persons entitled thereto:

1. Personally; or

2. By mailing a copy of such notice of violation and order by certified mail, postage prepaid, return receipt requested, to the person at his last known address; or

3. Posting the notice of violation and order on the front door of the living unit of the owner or person with right to control the animal if said owner or person is not home.

E. Proof of service of the notice of violation 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.

F. The standards of this chapter shall be followed by the director of the animal control authority in determining the existence of an animal control violation and in determining the abatement action required. (Ord. 5416 § 2, 2002.)

8.04.270 Appeals.

A. Appeals. The King County board of appeals as established by Article 7 of the King County Charter is designated to hear appeals by parties aggrieved by actions of the director of the animal control authority pursuant to this chapter. 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.

B. Form of Appeal. Any person entitled to service under BCC 8.04.260(B) may appeal from any notice and order or any action of the director of the animal control authority under this chapter by filing at the office of the director of the animal control authority within 14 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 King”;

2. A caption reading: “Appeal of ...........“ giving the names of all appellants participating in the appeal;

3. A brief statement setting forth the legal interest of each of the appellants in the animal involved in the notice and order;

4. A brief statement in concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;

5. A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside;

6. The signatures of all parties’ names as appellants, and their official mailing addresses;

7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

C. Scheduling and Noticing Appeal. The board of appeals shall set a time and place, not more than 30 days from such notice of appeal for hearing thereon. Written notice of the time and place of hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the manager-clerk of the board.

D. At the hearing, the appellant shall be entitled to appear in person and be represented by counsel and offer such evidence pertinent and material to the action of the director. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered.

E. Failure of any person to file an appeal in accordance with this section shall constitute a waiver of his right to an administrative hearing.

F. Enforcement of any notice and order of the director of the animal control authority issued under this chapter shall be stayed during the pending of an appeal, except impoundment of an animal which is vicious or dangerous or cruelly treated. (Ord. 5416 § 2, 2002.)

Chapter 8.06
KENNELS, PET SHOPS AND OTHER BOARDING PLACES

Sections:

8.06.010 Purpose.

8.06.020 Definitions.

8.06.030 Kennel, cattery and pet shop license – Required.

8.06.040 Hobby kennel or hobby cattery license – Required.

8.06.050 Hobby kennels, hobby catteries, kennels, catteries and pet shops – Application – Inspection – Issuance of license.

8.06.055 Special hobby kennel license.

8.06.060 Inspection – Revocation of license.

8.06.070 Unlicensed animals.

8.06.080 Housing facilities – Generally.

8.06.090 Housing facilities – Indoor.

8.06.100 Facilities – Outdoor.

8.06.110 Primary enclosures – Space requirements.

8.06.120 Watering.

8.06.130 Sanitation.

8.06.140 Classification and separation.

8.06.150 Health care – Veterinary services.

8.06.160 Records.

8.06.170 Pet shops – Regulations.

8.06.180 Grooming parlors – License required.

8.06.190 Grooming parlors – Conditions.

8.06.200 Violation – Penalty.

8.06.210 Violation – Civil penalty.

8.06.220 Costs.

8.06.230 Validity of licenses.

8.06.240 Exemptions from chapter.

8.06.010 Purpose.

It is the purpose of this chapter to regulate the operation and maintenance of kennels, catteries, pet shops, grooming parlors and other boarding places for dogs, cats and other animals by providing standards of health and safety in the care of such animals. (Ord. 4578 § 1, 1993; Ord. 1842 § 1, 1974; 1961 code § 8.06.010.)

8.06.020 Definitions.

Unless specifically defined in this section all words used in this chapter shall have their ordinary meanings and common usage and as defined in BCC 8.04.020. Words specifically defined in this section shall also have their common meaning consistent with or supplementary to such specific definition.

A. “Indoor housing facility” means any enclosed structure in which any animal is kept for more than a 24-hour period.

B. “Keeper” means any person responsible for the maintenance, operation, care or use of any kennel, cattery, pet shop, grooming parlor, or hobby kennel.

C. Outdoor housing facility” means any outside enclosure or area in which any animal is kept for more than a 24-hour period.

D. “Owner” means any person having any proprietary or equitable ownership of any kennel, cattery, pet shop, grooming parlor, or hobby kennel.

E. “Primary enclosure” means any place or thing so constructed as to enclose, for any period of more than 24 hours, any animal or bird, for purposes of feeding, containing or providing a resting place for such animal or bird. (Ord. 4578 § 2, 1993; Ord. 1842 § 1, 1974; 1961 code § 8.06.020.)

8.06.030 Kennel, cattery and pet shop license – Required.

A. No person, owner or keeper shall keep or board four or more dogs or four or more cats, any of which are six months of age or older, and no person shall operate and maintain any kennel, cattery or pet shop within the city without first obtaining a license therefor. The annual license fee for kennels, catteries and pet shops shall be $200.00. Licenses will be valid for one year from date of the application. There is no proration of the license fee. Renewal licenses shall retain the original expiration date whether renewed prior to, on, or after their respective renewal month.

B. Each license and certificate of inspection issued pursuant to this chapter shall be conspicuously displayed at the establishment to which such license was issued. The license shall be dated and numbered and shall bear the name of King County, Washington, and the name and address of the owner or keeper of the establishment, and the expiration date of the license. (Ord. 4578 § 3, 1993; Ord. 1842 § 1, 1974; 1961 code § 8.06.030.)

8.06.040 Hobby kennel or hobby cattery license – Required.

A. License Required. It is unlawful for any person to keep and maintain any dog or cat within the county for the purposes of maintaining a hobby kennel or hobby cattery without obtaining a valid and subsisting license therefor. The annual license fee shall be $50.00. In addition, each animal shall be licensed individually under the provisions of this title.

B. Limitation on Number of Dogs and Cats Allowed. The total number of dogs and cats over six months of age kept by a hobby kennel or hobby cattery shall not exceed the total number authorized by the zoning code.

C. Dog and Cat Reproduction Limitations. The hobby kennel or hobby cattery shall limit dog and cat reproduction to not more than one litter per license year per female dog and two litters per license year per female cat.

D. Advertising Limitations. The hobby kennel or hobby cattery shall not have signs, displays and other visual representations not otherwise permitted.

E. Immunization Required. Each animal in the hobby kennel or hobby cattery shall have a current and proper certificate of inoculation from disease according to the animal species and age. Such shall consist of DHLPP inoculation for dogs over three months of age and FVRCP for cats over two months of age, and rabies inoculations for all dogs and cats over six months of age. (Ord. 4578 § 4, 1993; Ord. 1842 § 1, 1974; 1961 code § 8.06.035.)

8.06.050 Hobby kennels, hobby catteries, kennels, catteries and pet shops – Application – Inspection – Issuance of license.

Application for license shall be made to the animal control authority on forms provided by the animal control authority.

A. Prior to the issuance of a license, the premises of a kennel, cattery, pet shop, hobby cattery or hobby kennel shall be inspected by the officer or official or his agent of the Seattle-King County department of public health to determine whether there is compliance with the provisions of this chapter. Such officer or official shall file a written report of inspection with the animal control authority.

B. The applicant for an original hobby kennel license, hobby cattery license, kennel license, cattery license, or pet shop license shall present to the animal control authority a written statement from the city department of planning that the establishment of the pet shop, kennel, cattery, hobby kennel or hobby cattery at the proposed site is not in violation of the city’s zoning code, has a legal nonconforming status, or a conditional use permit has been issued for the intended use. (Ord. 4578 § 5, 1993; Ord. 1842 § 1, 1974; 1961 code § 8.06.040.)

8.06.055 Special hobby kennel license.

Persons owning a total number of dogs and cats exceeding three, who do not meet the requirements

for a hobby kennel license, may be eligible for a special hobby kennel license to be issued at no cost by the animal control authority which will allow them to retain the specific animals then in their possession; provided, that the following conditions are met:

A. The applicant is keeping the dogs and cats for the enjoyment of the species, and not as a commercial enterprise.

B. The special hobby kennel license shall only be valid for those specific dogs and cats in the possession of the applicant at the time of issuance, and is intended to allow pet owners to retain their pets until such time as the death or transfer of such animals reduces the number possessed to the legal limit.

C. Any application for a special hobby kennel license may be denied based on past violations, or complaints from neighbors regarding the applicant’s dogs and cats; or if the animal(s) is maintained in inhumane conditions. (Ord. 4578 § 9, 1993.)

8.06.060 Inspection – Revocation of license.

A. The premises of any kennel, cattery, pet shop, hobby cattery or hobby kennel shall be subject to inspection at reasonable hours by the official or officer or his designated agent of the Seattle-King County department of public health.

B. It is unlawful to keep, use or maintain within the city any animal shelter, kennel, cattery, grooming service or pet shop that is unsanitary, nauseous, foul or offensive, or in any way detrimental to public health and/or safety and not in compliance with BCC 8.04.120, and 8.06.080 through 8.06.170, or any part thereof, and may be cause for revocation of such license upon petition of the animal control authority.

C. Notice of the petition for revocation shall contain:

1. A statement by the animal control authority listing each ordinance not complied with;

2. The place, date and time of the public hearing on the petition for revocation;

3. A statement that the license may appear at such public hearing and examine the animal control authority’s witnesses and present competent evidence favorable to the licensee;

4. A statement that the license will be revoked if the hearing examiner finds there to be sufficient grounds for revocation.

D. The notice of the petition shall be served upon all persons named on the license either personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested, to the person or persons at the addresses given on the application for the license.

E. The public hearing shall be held not less than 20 days from the date the notice is either personally served or is mailed by certified mail, postage prepaid.

F. The petition for revocation shall be heard by a hearing examiner appointed by the mayor. The hearing examiner shall be a licensed doctor of veterinary medicine. The hearing examiner shall have authority to either grant, deny or conditionally deny the petition.

G. Orders of the hearing examiner shall be served in the same manner as prescribed in subsection D of this section, and shall be effective on the date of service, if personally served, or three days following the day on which the order was mailed by certified mail, postage prepaid.

H. Appeal from the order of the hearing examiner shall be to the superior court. Appeal to the superior court shall not stay or otherwise relieve the appellant from compliance with the order of the hearing examiner. (Ord. 4578 § 6, 1993; Ord. 1842 § 1, 1974; 1961 code § 8.06.050.)

8.06.070 Unlicensed animals.

Kennels, catteries, pet shops or veterinary hospitals may keep unlicensed animals on the premises temporarily; provided, that the premises are securely fenced or enclosed and the entrances thereto locked when unattended. Each such unlicensed animal four months of age or older contained within the premises of a kennel, cattery, pet shop or veterinary hospital shall be inoculated against such diseases, and in such manner as may be prescribed by a veterinarian and an inoculation certificate provided for each such dog. For dogs, such shall consist of DHL inoculation for dogs over three months of age and rabies inoculations for those over six months of age. (Ord. 4578 § 7, 1993; Ord. 1842 § 1, 1974; 1961 code § 8.06.060.)

8.06.080 Housing facilities – Generally.

A. Housing facilities for animals shall be structurally sound and shall be maintained in good repair, shall be designed so as to protect the animals from injury, shall contain the animals, and shall restrict the entrance of other animals.

B. Electric power shall be supplied in conformance with the city, county and state electrical codes adequate to supply lighting and heat as may be required by this chapter. Water shall be supplied at sufficient pressure and quantity to clean indoor housing facilities and primary enclosures of debris and excreta.

C. Food and bedding shall be stored at facilities adequate to provide protection against infestation or contamination by insects or rodents. Refrigeration shall be provided for the protection of perishable foods.

D. Provisions shall be made for the removal and disposal of animal and food waste, bedding, dead animals and debris. Disposal facilities shall be maintained in a sanitary condition, free from the infestation or contamination of insects or rodents or disease, and from obnoxious or foul odors.

E. Washroom facilities, including sinks and toilets, shall be provided for animal caretakers.

F. 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.

G. 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.

H. No person, persons, association, firm or corporation shall misrepresent an animal or bird to a purchaser in any way.

I. Adequate care and feeding instructions must be given to each purchaser of an animal and must be in writing. (Ord. 1842 § 1, 1974; 1961 code § 8.06.070.)

8.06.090 Housing facilities – Indoor.

A. Indoor housing facilities for animals shall be sufficiently heated to protect such animals from cold temperatures to which they are not acclimated.

B. Indoor housing facilities shall 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 volume of air within any enclosed indoor facility shall be changed three times or more each hour. This may be accomplished through the location and periodic opening of doors and windows. If fans or ventilating equipment are used, they shall be constructed in conformance with current standards of good engineering practice with respect to noise and minimization of drafts.

C. Indoor housing facilities for animals shall have sufficient natural or artificial lighting to permit routine inspection and cleaning at any time of day. In addition, sufficient natural or artificial lighting shall be supplied in the area of sinks and toilets to provide for the hygiene of animal caretakers.

D. Interior wall, ceiling and floor surfaces of indoor housing facilities shall be constructed of materials which are resistant to the absorption of moisture and odors, or such surfaces shall be treated with a sealant or with paint when such materials are not originally resistant to moisture or odors. Floor surfaces shall not be of unsealed wood. In addition, interior walls shall be constructed so that the interface with floor surfaces is sealed from the flow or accumulation of moisture or debris.

E. Indoor housing facilities shall contain a drainage system which shall be connected to a sanitary sewer or septic tank system which conforms to the standards of building codes in force within the city and shall be designed to rapidly remove water and excreta in the cleaning of such indoor housing facility under any condition or weather or temperature. The foregoing requirement shall not apply to pet shops. All indoor housing facilities for animals, fish or birds shall be maintained in a clean and sanitary condition and a safe and effective disinfectant shall be used in the cleaning of such facilities. (Ord. 1842 § 1, 1974; 1961 code § 8.06.080.)

8.06.100 Facilities – Outdoor.

A. Outdoor facilities shall be constructed to provide shelter from excessive sunlight, rain, snow, wind or other elements. In addition, such facilities shall be constructed to provide sufficient space for the exercise and movement of each animal contained therein.

B. All outdoor facilities shall be constructed to provide drainage and to prevent the accumulation of water, mud, debris, excreta or other materials, and shall be designed to facilitate the removal of animal and food wastes.

C. All outdoor facilities shall be constructed with adequate walls or fences to contain the animals kept therein and to prevent entrance of other animals. (Ord. 1842 § 1, 1974; 1961 code § 8.06.090.)

8.06.110 Primary enclosures – Space requirements.

A. Primary enclosures for animals shall be constructed and maintained so as to provide sufficient space to allow each animal to turn about freely and to easily stand, sit and lie in a comfortably normal position.

B. Each dog housed in any primary enclosure shall be provided a minimum square footage of floor space equal to the mathematical square of the sum of the length of the dog in inches, as measured from the tip of its nose to the base of its tail, plus 12 inches, expressed in square feet; except that such floor space per animal need not exceed 24 square feet. When dogs or cats are boarded or kept for more than 24 hours, except when otherwise requested by the owners of the animals, a separate primary enclosure shall be provided for each animal, except that litters of puppies or kittens may be housed with their dam or with siblings, or with other puppies or kittens of similar age and size.

C. Each adult cat housed in a primary enclosure shall be provided a minimum of three square feet of floor space. In all primary enclosures containing cats there shall be maintained a receptacle containing clean litter and a solid resting surface shall be provided of adequate size to comfortably hold all occupants of the primary enclosure at the same time. (Ord. 1842 § 1, 1974; 1961 code § 8.06.100.)

8.06.120 Watering.

If potable water is not accessible to the animals at all times, potable liquids shall be offered to such animals at least twice daily for periods of not less than one hour, except as might otherwise be required to provide adequate veterinary care. Water receptacles shall be kept clean and shall be sanitized at least once every two weeks. (Ord. 1842 § 1, 1974; 1961 code § 8.06.110.)

8.06.130 Sanitation.

A. Excreta and other debris and waste materials shall be removed from all indoor housing facilities and primary enclosures as often as necessary to prevent contamination of animals contained therein and to reduce disease hazards and odors. When hosing or flushing method is used for cleaning a primary enclosure, any animal contained therein shall be removed from such enclosure during the cleaning process, and adequate measures shall be taken to protect the animals in other such enclosures from being contaminated with water and other wastes.

B. Prior to the introduction of animals into empty primary enclosures previously occupied, such enclosures shall be sanitized with a safe and effective disinfectant.

C. Primary enclosures for animals shall be sanitized often enough to prevent an accumulation of debris or excreta, or a disease hazard. Such enclosures shall be sanitized not less than once every week with a safe and effective disinfectant.

D. No kennel, pet shop or other boarding place for animals shall be operated at any time after it has been designated by a public health official pursuant to city, state or federal statutes or regulations concerning health, as being infested with insects, rodents or disease which may endanger the public health, until the health officer having jurisdiction shall have certified that the condition has been corrected and the premises then comply with applicable health standards and regulations. (Ord. 1842 § 1, 1974; 1961 code § 8.06.120.)

8.06.140 Classification and separation.

A. No animal exhibiting or having a reputation of a vicious disposition shall at any time be housed in any primary enclosure with any other animal.

B. No female animal in heat (estrus) shall be enclosed with any male animal, except for breeding purposes with the consent of the owners of both animals.

C. No animal not fully developed shall be kept in the same primary enclosure with any adult animal other than its dam, except upon request of the owner of the animal.

D. Animals under quarantine by any public health organization or under treatment by any qualified veterinarian for communicable disease shall not be kept in the same primary enclosure with any other animal. Primary enclosures for such quarantined animals or animals under such treatment shall be separated from other primary enclosures by location in another indoor facility or by solid walls within the same indoor facility. (Ord. 1842 § 1, 1974; 1961 code § 8.06.130.)

8.06.150 Health care – Veterinary services.

Every kennel, cattery, pet shop, hobby kennel or hobby cattery for dogs and cats shall maintain a program of veterinary care for such animals kept or boarded therein, which program shall comply with current standards of animal husbandry common to the good practice of kennels, catteries, pet shops, hobby kennels and hobby catteries within the state, as applicable. Animals shall not be without attention over 18 consecutive hours. An effective program for the control of insects, ectoparasites and avian and mammalian pests shall be established and maintained. (Ord. 4578 § 8, 1993; Ord. 1842 § 1, 1974; 1961 code § 8.06.140.)

8.06.160 Records.

Each kennel, cattery, shelter, hobby kennel, hobby cattery and pet shop shall keep a list of the name, address and telephone number of the owner of each boarded animal and the license number of the animal, if known, which register must be exhibited to the officer or official or his agent of the Seattle-King County department of public health, or other officials having jurisdiction upon request. Each kennel, cattery, shelter, hobby kennel, hobby cattery and pet shop shall also keep a list of the name and address of each person selling, trading or giving a cat or dog or buying a cat or dog from such establishment. Such list shall also include the origin, the age and type of dog or cat given or purveyed and shall be provided to the officer or official quarterly based on the calendar year. (Ord. 4578 § 10, 1993; Ord. 1842 § 1, 1974; 1961 code § 8.06.150.)

8.06.170 Pet shops – Regulations.

A. No person owning or operating a pet shop shall sell any animal which is, at the time of the delivery of the animal to the buyer, sick, impaired, unweaned or otherwise so incapacitated that its weakness or incapacity will substantially impair its ability to recover or grow normally.

B. Every person owning or operating a pet shop shall post a notice, conspicuously displayed and protected by glass, in a place where it may be seen during hours that the pet shop is closed, containing the names, addresses and telephone numbers of persons to be notified who will proceed immediately to the premises upon request of any duly authorized health officer, police officer or animal control officer having reasonable cause for belief that animals or birds contained therein are in immediate need of care or protection.

C. No person owning or operating a pet shop shall abuse, tease, or otherwise torment, nor permit any other person to abuse, tease or otherwise torment any animals, birds or fish therein.

D. No person owning or operating a pet shop shall exhibit any animal, bird or fish to public display for more than 12 consecutive hours. At no time shall any animal be placed on public display outside the enclosed premises of a pet shop by chaining or caging the animal upon the public street or other public place.

E. Aquariums shall be constructed and maintained to provide adequate room for the fish contained therein. In addition, such aquariums shall be kept clean and free from excessive exposure to direct sunlight or heat. Such aquariums shall be provided with an apparatus which will oxygenate the water contained in the aquarium, when required for the well-being of the fish.

F. Small animals or birds shall be kept in cages having adequate room for free exercise. Such cages shall be kept clean and free from the accumulation of debris and excreta and shall be protected from excessive exposure to direct sunlight or heat. Food and water necessary for the health of the occupants of the cage shall be provided. (Ord. 4578 § 11, 1993; Ord. 1842 § 1, 1974; 1961 code § 8.06.160.)

8.06.180 Grooming parlors – License required.

A. 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 $100.00 for such license shall be assessed. However, if the grooming parlor is operated as a part of the business of a kennel or a pet shop or veterinarian, a fee of $100.00 shall be assessed. Such fee shall be in addition to the fee established for a kennel or a pet shop license.

B. Each license and certificate of inspection issued pursuant to this chapter shall be conspicuously displayed at the establishment to which such license was issued. The license shall be dated and numbered and shall bear the name of King County, Washington, and the name and address of the owner or keeper of the establishment, and the expiration date of the license. (Ord. 4578 § 12, 1993; Ord. 1842 § 1, 1974; 1961 code § 8.06.170.)

8.06.190 Grooming parlors – Conditions.

Grooming parlors shall:

A. Not board animals, but keep only dogs and cats for a reasonable time in order to perform the business of grooming;

B. Provide such restraining straps for the dog or cat while it is being groomed so that such animal shall neither fall nor be hanged;

C. Sterilize all equipment after each dog or cat has been groomed;

D. Not leave animals unattended before a dryer;

E. Not prescribe treatment or medicine that is the province of a licensed veterinarian as provided in RCW 18.92.010;

F. Not put more than one animal in each cage;

G. All floors and walls in rooms, pens and cages used to retain animals or in areas where animals are clipped, groomed or treated must be constructed of water-impervious material that can be readily cleaned, and must be maintained in good repair;

H. Hot and cold water must be conveniently available and a large sink or tub provided (minimum size 24 inches by 18 inches by 12 inches);

I. Toilet and handwashing facilities with hot and cold running water must be conveniently available for personnel employed;

J. Only equipment necessary to the operation of the licensed establishment shall be kept or stored on the premises and shall only be stored in a sanitary or orderly manner;

K. All cages, pens or kennels used for holding animals shall be kept in a clean and sanitary condition and must be disinfected on a routine basis. (Ord. 4578 § 13, 1993; Ord. 1842 § 1, 1974; 1961 code § 8.06.180.)

8.06.200 Violation – Penalty.

Any person found guilty of violating any terms of this chapter for which no other penalty is expressly provided is guilty of a misdemeanor and may be fined not more than $250.00 for each offense or confined not more than 90 days, or both. (Ord. 1842 § 1, 1974; 1961 code § 8.06.190.)

8.06.210 Violation – Civil penalty.

In addition to or as an alternate to any other penalty provided herein or by law, any person whose animal is maintained in violation of this title shall incur a civil penalty upon an action commenced by the city and judgment rendered by a court. The civil penalty shall be in addition to the billable costs of the city. The penalty of the first violation shall be $20.00; $50.00 for the second violation in any one-year period; and $100.00 for each successive violation in any one-year period. (Ord. 1842 § 1, 1974; 1961 code § 8.06.200.)

8.06.220 Costs.

In addition to any penalty or fine provided by ordinance, the city may, in the court’s discretion, be allowed a reasonable attorney’s fee and costs when the city is the prevailing party. (Ord. 1842 § 1, 1974; 1961 code § 8.04.210.)

8.06.230 Validity of licenses.

Any valid license issued pursuant to city Ordinance Nos. 1738, Section 1, or 1746, Section 1, shall have the same force and effect as if issued pursuant to Chapter 8.04 or 8.06 BCC. (Ord. 1842 § 1, 1974; 1961 code § 8.06.230.)

8.06.240 Exemptions from chapter.

The provisions of this chapter shall not apply to dogs and cats in the custody of an animal facility registered or licensed by the United States Department of Agriculture and regulated by 7 United States Code 2131, et seq. (Ord. 4578 § 14, 1993.)

Chapter 8.08
EXOTIC ANIMALS

Sections:

8.08.010 Chapter intent.

8.08.020 Definitions.

8.08.030 Possession unlawful – Exception – Rules and regulations compliance.

8.08.040 License – Issuance generally – Fees.

8.08.050 License – Application – Content.

8.08.060 License – Issuance – Premises inspection.

8.08.070 Periodic inspection of premises.

8.08.080 License revocation – Notice – Hearing.

8.08.090 Violation – Penalty.

8.08.100 Euthanasia in exigent circumstances.

8.08.110 Chapter limitations.

8.08.120 Severability.

8.08.010 Chapter intent.

It is the intent of this chapter to limit and set conditions on the possession or maintenance of exotic animals in order to preserve the public peace and safety and to assure the humane treatment of exotic animals. (Ord. 4864 § 1, 1996.)

8.08.020 Definitions.

The definitions set forth in BCC 8.04.020 shall be applicable throughout this chapter and in addition the following definitions shall apply:

“Exotic animal” means any of the following:

A. Venomous species of snakes capable of inflicting serious physical harm or death to human beings;

B. Nonhuman primates and prosimians;

C. Bears;

D. Nondomesticated species of felines;

E. Nondomesticated species of canines and their hybrids, including wolf and coyote hybrids;

F. The order crocodilia, including alligators, crocodiles, caiman, and gavials. (Ord. 4864 § 1, 1996.)

8.08.030 Possession unlawful – Exception – Rules and regulations compliance.

The possession or maintenance of an exotic animal within the city of Bellevue by private citizens as pets is prohibited unless the owner possessed or maintained the exotic animal on or before the effective date of the ordinance codified in this chapter and agrees to promptly act to satisfy the licensing requirements contained in this chapter and such rules and regulations as the animal control authority may adopt regarding the maintenance of such animals. (Ord. 4864 § 1, 1996.)

8.08.040 License – Issuance generally – Fees.

The animal control authority may cause 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 BCC 8.08.020; provided the application is accompanied by payment of the license fee, contains the information required by BCC 8.08.050; and meets the cage or confinement rules and regulations of the animal control authority.

The fee for such license shall be as specified in BCC 8.04.040(A). All licenses shall expire one year from the date of the original application. (Ord. 4864 § 1, 1996.)

8.08.050 License – 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 otherwise 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 acknowledgment by the property owner that the applicant has the owner’s permission to carry on the activity as described in the license application for the duration of the license; the extent of improvement upon such premises; a map or diagram of such premises showing where the improvements are 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 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 regulations of the animal control authority. (Ord. 4864 § 1, 1996.)

8.08.060 License – Issuance – Premises inspection.

If, after investigation by 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 the application; if applicable, has the written permission of the property owner as specified in BCC 8.08.050; and that the applicant intends in good faith to possess or maintain an exotic animal in accordance with the law and the 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 exotic animals(s) specified in such license; provided, that prior to issuing the license the animal control authority shall inspect the cage or other confinement as required by rule or regulation and specified in the licensee’s application in order to determine whether the cage or confinement meets the standard specifications for the classification of the exotic animal. If the cage or confinement is deemed inadequate, the applicant shall make such changes as necessary to meet the standard specifications before the license shall issue. (Ord. 4864 § 1, 1996.)

8.08.070 Periodic inspection of premises.

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, and for purposes of enforcing the provisions of this chapter and the rules and regulations of the animal control authority. (Ord. 4864 § 1, 1996.)

8.08.080 License revocation – Notice – Hearing.

The animal control authority may revoke, suspend or refuse to renew any exotic animal owner’s license upon good cause for failure to comply with any provision of this chapter or the rules and regulations of the animal control authority; provided, that violator shall be first notified of the specific violation or violations, and, if the violation can be remedied, the violator shall have 15 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. (Ord. 4864 § 1, 1996.)

8.08.090 Violation – Penalty.

Any person possessing or maintaining an exotic animal in the city of Bellevue without an exotic animal owner’s license as provided herein, or transferring 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 $250.00 and/or by imprisonment not to exceed 90 days. (Ord. 4864 § 1, 1996.)

8.08.100 Euthanasia in exigent circumstances.

An exotic animal possessed or maintained in violation of this chapter or the rules and regulations of the animal control authority may be subject to euthanasia as defined in BCC 8.04.020(A) if any one of the following exigent circumstances is deemed to exist by the director of the animal control authority:

A. The exotic animal presents an imminent likelihood of serious physical harm to the public 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 will 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 or human beings; provided, that this section shall not apply if the animal is under treatment by a licensed veterinarian and may reasonably be expected to recover without infecting other animals or human beings. (Ord. 4864 § 1, 1996.)

8.08.110 Chapter limitations.

A. The purpose of this chapter is to prohibit the private ownership of exotic animals as pets. Therefore, the provisions of this chapter shall not apply to any facility possessing or maintaining exotic animals as defined in this chapter which is owned, operated or maintained by any city, county, state or the federal government, including but not limited to public zoos, nor shall it apply to museums, laboratories and research facilities maintained by scientific or educational institutions, nor to private or commercial activities such as circuses, fairs, or private zoological parks which are otherwise regulated by law, nor to any recognized program engaged in the training of exotic animals as defined in this chapter for use as service animals by disabled citizens.

B. Breeding, or allowing the reproduction of, exotic animals as defined in this chapter is prohibited; provided, that this prohibition shall not apply to any governmental facility possessing or maintaining exotic animals nor shall it apply to private or commercial activities as set forth in subsection A of this section. (Ord. 4864 § 1, 1996.)

8.08.120 Severability.

If any clause, sentence, paragraph, or part of this chapter, or the application thereof to any person or circumstance shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter. (Ord. 4864 § 1, 1996.)