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HomeMy WebLinkAboutCAP 2014-12-09 Item 2 - Ordinance - Animal ControlTO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Police Chief Mike Villa BY: Commander Jon Harrison DATE: December 3, 2014 SUBJECT: An ordinance updating Tukwila Municipal Code (TMC) Title 7 relating to Animal Control Regulations ISSUE The current Tukwila Municipal Code Title 7 does not clearly clarify the roles and responsibilities of the City of Tukwila or King County's Regional Animal Control Services (the City of Tukwila's contract agency for animal care and control). There are also conflicts between TMC title 7.12 and King County Code (KCC) Title 11 adopted by ordinance 2306 in 2010. BACKGROUND TMC Title 7 and KCC Title 11 conflict with regard to one critical definition, specifically, "Running at large". There has been a clean-up of language in Title 7 to incorporate both the intent and authority expressed in KCC Title 11 and the contract between the City of Tukwila and King County, into one document. The previously adopted KCC Title 11 was kept largely intact and simply moved into a TMC format instead of adopting the KCC. DISCUSSION This ordinance provides for some items that were left out of the TMC to provide for a police dog exemption, the ability for any law enforcement officer to enforce the provisions of Title 7, expanded definition of livestock, and updating various words to more accurate descriptions in order to meet the intent of Title 7 (e.g. changing "building site" to "parcel", "place of human habitation" to "dwelling", etc). FINANCIAL IMPACT No significant financial impact is anticipated. RECOMMENDATION The Council is being asked to consider the ordinance at the January 12, 2015 Committee of the Whole meeting and subsequent January 20, 2015 Regular Meeting. ATTACHMENTS Draft Ordinance TMC Title 7 1 2 AFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 232, 2351, 2306 AND 2403, AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 7; REENACTING TUKWILA MUNICIPAL CODE CHAPTERS 7.08, 7.12, 7.16, AND 7.20 AND ESTABLISHING NEW CHAPTERS TO BE CODIFIED AS TUKWILA MUNICIPAL CODE CHAPTERS 7.10 AND 7.18 TO UPDATE ANIMAL CARE AND CONTROL REGULATIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City contracts with Regional Animal Services of King County to provide animal control services and desires to clarify the parties' roles and responsibilities; and WHEREAS, the City Council also desires to update the City's animal control regulations to resolve inconsistencies between the King County Code, adopted in large part by reference, and the City's current regulations, and also to clarify other requirements related to the keeping of animals in the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance Nos. 232, 2351, 2306 and 2403 are hereby repealed in their entirety. Section 2. TMC Chapter 7.08 Reenacted. Tukwila Municipal Code (TMC) Chapter 7.08 is hereby reenacted to read as follows: CHAPTER 7.08 LIVESTOCK, SMALL ANIMALS AND FOWL Sections: 7.08.010 Chapter compliance required 7.08.020 Livestock defined W: Word Processing \Ordinances\Animal Care-and Control strike -thru 12 -1 -14 AMS:bjs Page Tof52 3 7.08.030 Small animals and fowl defined 7.08.040 Animals kept as pets 7.08.050 Roosters prohibited 7.08.060 Enclosure construction 7.08.080 Maintaining horses, cattle, sheep and goats within City limits 7.08.070 Maintaining swine within City limits 7.08.080 Minimum area for keeping animals 7.08.090 Number of animals per property area size 7.08.100 Distance from human habitation any dwelling 7.08.110 One building per site for housing 7.08.120 Nuisance prohibited 7.08.130 Manure removal 7.08.140 Enforcement 7.08.150 Exemptions 7.08.010 Chapter compliance required It is unlawful for any person, persons, firm or corporation to keep or maintain livestock, small animals or fowl within the City limits, except as provided in this chapter and TMC Title 18. If there is a conflict between a provision of this chapter and a provision in TMC Title 18, the provision in TMC Title 18 shall control. 7.08.020 Livestock defined "Livestock," where used in this chapter, means and includes horses, mules, ponies, cattle, sheep, goats, llama, oxen and swine. "Large livestock," where used in this chapter, means and includes cattle, goats, llama, oxen and swine. "Small livestock," where used in this chapter, means and includes sheep and goats smaller than 24 inches at the shoulder and /or not more than 150 pounds in weight. 7.08.030 Small animals and fowl defined "Small animals and fowl," where used in this chapter means and includes rabbits, I chinchillas, chickens, geese, ducks, turkeys, peafowl and pigeons. 7.08.040 Animals kept as pets Dogs, cats, guinea pigs, hamsters, ferrets, fish, parrots, parakeets and similar animals kept as household pets within a dwelling unit will not be subject to the limitations of this chapter. Dogs and cats are regulated by TMC Section 7.12. 7.08.050 Roosters prohibited The keeping of roosters within the City limits is prohibited. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 2 of 52 7.08.060 Enclosure construction All livestock, small animals and fowl shall be kept within an enclosure adequately built and maintained to prevent the livestock, small animals and fowl from breaking through, out, over or under the same. All pens, coops, hutches and housing of any kind used for the housing of livestock, small animals and fowl must be built to include siding or shakes or their equivalent, and must be painted or stained to appear presentable. The number of horses, cows or cattle, sheep, goats or swine allowed on any given Officer of the City. 7.08.070 Maintaining swine within City limits Swine may be kept or maintained within the City limits provided they are kept within an enclosure as herein described, the outside limits of which shall be not less than 200 feet from the nearest residence. 7.08.080 Minimum area for keeping animals With the exception of chickens, no horses, mules, ponies, small livestock, small animals or fowl shall be kept on any property within the City limits where the parcel does not contain a minimum of 10,000 square feet of area. Chickens may be kept as an accessory to any legal use regardless of the area of the parcel. No large livestock shall be kept on any property within the City limits where the parcel does not contain a minimum of 43,560 square feet (one acre) of area. 7.08.090 Number of animals per property area size A. Small animals and fowl shall be permitted in numbers as follows: 1. Twelve rabbits, twelve chinchillas, twelve pigeons or any combination of rabbits, chinchillas or pigeons, not to exceed a total of twelve collectively, for 10,000 square feet of property. 2. The number of rabbits, chinchillas or pigeons may be increased by 1 /10th for each additional 1,000 square feet of property. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 3 of 52 5 3. Six geese, six ducks, six peafowls, six turkeys or any combination of geese, ducks or turkeys, not to exceed a total of six collectively for 10,000 square feet of property. 4. The number of geese, ducks, peafowls or turkeys may be increased 1 /10th for each additional 1,000 square feet of property. 5. One chicken per every 1,000 square feet of property. 6. At no time shall the total number of small animals or fowl exceed a total of twelve for each 10,000 square feet of property. B. Livestock shall be permitted in numbers as follows: 1. Not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. 2. Two large livestock for each 43,560 square feet (one acre) of property. Additional large livestock requires an addition 43,560 square feet (one acre) of property. 3. Not more than small animals for each square feet of property, but not more than a total of of the above - mentioned animals shall be allowed on the same lot. 7.08.100 Distance from any dwelling Enclosures for the housing of small animals and fowl shall be built and located not less than 10 feet from any place of human habitation dwelling and property line. The roaming area for the small animals and fowl shall be fenced and located not less than 10 feet from any adjacent place of human habitation dwelling. 7.08.110 One building per site parcel for housing Not more than one building for the housing of livestock, small animals or fowl shall be allowed +r-on any one building site parcel. 7.08.120 Nuisance prohibited No livestock, small animals or fowl shall be kept in such a manner that a condition resulting from same shall constitute a nuisance. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 4 of 52 7.08.130 Manure removal A. All enclosures, confinement areas, and /or open run areas shall be kept clean. Provision shall be made for the removal of animal waste and food waste so that the areas are kept free from infestation of insects, rodents or disease, as well as to prevent obnoxious or foul odors. Animal waste shall be properly disposed of and any accumulated animal waste must not be stored within the parcel setback area. Any storage of animal waste must not constitute a nuisance. B. Manure shall not be allowed to collect in any place where it can prejudicially affect any source of drinking water. C. Manure, when used as a fertilizer, must be plowed or spaded under within 24 hours after application. 7.08.140 Enforcement I Code Enforcement Officers for the City or any law enforcement officer shall be authorized to enforce this chapter, unless otherwise provided. 7.08.150 Exemptions A Residents may keep all animals legally owned and kept prior to the effective date of this ordinance, provided they do not constitute a nuisance. B. Any person, persons, firm or corporation who discontinues the keeping or reduces the number of livestock, small animals or fowl for a period of more than 90 days, or who sells or transfers his property, shall then become subject to all the provisions of this chapter. Section 3. Regulations Established. TMC Chapter 7.10, "Exotic Animals," is hereby established to read as follows: CHAPTER 7.10 EXOTIC ANIMALS Sections: 7.10.010 Chapter intent — authority 7.10.020 Definitions 7.10.030 Possession unlawful — exception — rules and regulations compliance 7.10.040 License — issuance generally — fees 7.10.050 License — application - content 7.10.060 License — issuance — inspection 7.10.070 Periodic inspection of premises 7.10.080 License revocation — notice — hearing W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 5 of 52 7 7.10.090 Violation — penalty 7.10.100 Euthanasia in exigent circumstances 7.10.110 Chapter limitations 7.10.010 Chapter intent — authority It is the intent of the Tukwila City Council to limit and set conditions on the possession or maintenance of exotic animals in order to preserve the public peace and safety and to ensure the humane treatment of exotic animals. The animal care and control authority is hereby authorized to administer the licensing and enforcement provisions of this chapter in the City of Tukwila as provided in the sections below and by separate agreement with the City. City of Tukwila law enforcement officers shall be authorized to carry out enforcement duties of this chapter. 7.10.020 Definitions The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. 1. "Animal care and control authority" means the King County Regional Animal Services Section in the King County Records and Licensing Services Division, acting alone or in concert with other municipalities for enforcement of the animal care and control laws of the county and state and the shelter and welfare of animals. 2. "Director" means director of the King County Department of Executive Services. 3. "Exotic animal" means any of the following: a. Venomous species of snakes capable of inflicting serious physical harm or death to human beings; b. Non -human primates and prosimians; c. Bears; d. Non - domesticated or non - domesticated - domesticated hybrid species of felines; e. Non- domesticated species of canines and their hybrids, including wolf and coyote hybrids; and f. The order Crocodylia, including alligators, crocodiles, caimans and gavials. W: Word Processing \OrdinancesWnimal Care and Control strike -thru 12 -1 -14 AMS:bjs 8 Page 6 of 52 7.10.030 Possession unlawful — exception — rules and regulations compliance The possession or maintenance of an exotic animal within the City of Tukwila by private citizens as pets is prohibited unless the owner possessed or maintained the exotic animal on or before June 10, 1994, and agrees to promptly act to satisfy the licensing requirements in TMC Sections 7.10.040 through 7.10.090 and such rules and regulations as the animal care and control authority may adopt as provided in King County Code Chapter 2.98 regarding the maintenance of the animals or as adopted by the City of Tukwila in the Tukwila Municipal Code. 7.10.040 License — issuance generally — fees A. The animal care and 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 TMC Section 7.10.030 if the application is accompanied by payment of the license fee, contains the information required by TMC Section 7.10.050 and meets the cage or confinement rules and regulations of the animal care and control authority. B. The fee for the license shall be as provided for in TMC Section 7.12.035. All licenses shall expire one year from the original application. 7.10.050 License — application — content A verified application for an exotic animal owner's license made in triplicate shall be filed by the applicant with the animal care and control authority. The application shall contain the following: 1. A legal or otherwise adequately precise description of the premises that the applicant desires to use under the required license; 2. Whether the applicant owns or rents the premises to be used; 3. 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; 4. The extent of improvement upon the premises; 5. A map or diagram of the premises showing where the improvements are located thereon; 6. A statement indicating the species of exotic animal that the applicant desires to possess or maintain; W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 7 of 52 9 7. 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 8. Such further information as may be required by rules and regulations of the animal care and control authority. 7.10.060 License — issuance — inspection If, after investigation by the manager of the Regional Animal Services Section, 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 TMC Section 7.10.050 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 Regional Animal Services Section, the Regional Animal Services Section 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 animal or animals specified in the license. However, before issuing the license, the Regional Animal Services Section 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 are necessary to meet the standard specifications before the license shall be issued. 7.10.070 Periodic inspection of premises Any City law enforcement officer or animal care control officers 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 this chapter and the rules and regulations of the Regional Animal Services Section. 7.10.080 License revocation — notice — hearing The animal care and 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 care and control authority authorized by this chapter, though the 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. Also, enforcement of such revocation, suspension or refusal shall be stayed during the pendency of an appeal filed in the manner provided by King County Code Section 11.04.270. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs 10 Page 8 of 52 7.10.090 Violation — penalty Any person possessing or maintaining an exotic animal in the City 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 and /or by imprisonment not to exceed 90 days. 7.10.100 Euthanasia in exigent circumstances An exotic animal possessed or maintained in violation of this chapter or the rules and regulations of the animal care and control authority may be subject to euthanasia as defined in King County Code Section 11.04.020.F if any one of the following exigent circumstances is deemed to exist by the manager of the animal care and control authority section: 1. The exotic animal presents an imminent likelihood of serious physical harm to the public and there is no other reasonably available means of abatement; 2. 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 care and control authority no facility as authorized by local, state or federal law is available to house the exotic animal; or 3. The exotic animal suffers from a communicable disease injurious to other animals or human beings, though this subsection 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. 7.10.110 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 that 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 that 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 subparagraph 7.10.110.A. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 9 of 52 11 Section 4. TMC Chapter 7.12 Reenacted. Tukwila Municipal Code (TMC) Chapter 7.12 is hereby reenacted to read as follows: CHAPTER 7.12 ANIMAL CARE AND CONTROL REGULATIONS Sections: I. GENERAL PROVISIONS 7.12.010 Purpose and scope — authority — conflicts 7.12.020 Definitions II. LICENSING 7.12.030 Pet licenses — required — issuance — penalty — fee use — improper checks — exceptions 7.12.033 Animal shelter, kennel, grooming service, cattery and pet shop — general licenses — requirements 7.12.035 License fees and penalties. 7.12.050 Animal shelter, cattery, pet shop, grooming service and kennel license — information required 7.12.060 Hobby kennel or hobby cattery licenses — required — limitations — requirements — issuance and maintenance — special hobby kennel license 7.12.070 Animal shelters, kennels, hobby kennels, catteries, hobby catteries or pet shops — reporting required 7.12.080 Animal shelters, kennels, catteries, grooming service or pet shops — inspections — unsanitary conditions unlawful 7.12.090 Animal shelters, kennels, grooming services, catteries and pet shops — conditions 7.12.100 Animal shelters, kennels, catteries, grooming services and pet shops — indoor facilities 7.12.110 Animal shelters, kennels, catteries and pet shops — outdoor facilities 7.12.130 Grooming parlors — conditions 7.12.140 Animal shelters, hobby kennels, kennels, pet shops, grooming parlors, guard dog purveyors, guard dog trainers and guard dog owners — additional conditions 7.12.150 Licenses, registration — revocation, suspension or refusal to renew 7.12.160 Licenses, registration — revocation or refusal waiting period 7.12.165 Individual private animal placement permit — required — qualifications — limitations — inspection, denial and revocation 7.12.167 Organizational private animal placement permit — required — qualifications — limitations — inspection, denial and revocation W: Word Processing \OrdinancesWnimal Care and Control strike -thru 12 -1 -14 AMS:bjs 12 Page 10 of 52 III. ENFORCEMENT, PENALTIES AND PROCEDURES 7.12.170 7.12.180 7.12.190 7.12.200 7.12.210 7.12.220 7.12.225 7.12.230 7.12.235 7.12.240 7.12.250 7.12.260 7.12.270 7.12.280 7.12.290 7.12.300 7.12.310 7.12.330 7.12.335 7.12.345 IV. MAND 7.12.400 V. OTHER Enforcement power Violations — deemed nuisance — abatement Violations - misdemeanor - penalty Violations — civil penalty Impounding Additional enforcement Additional enforcement — cruelty to animals Nuisances defined Transfer of unaltered dogs and cats prohibited Unlawful acts against police department dogs — penalty for violation Violations - unlawful acts — cruelty to animals — database Violations — notice and order Appeals Redemption procedures Vicious animals — corrective action Civil penalty and abatement costs — liability of owner Costs of enforcement action Additional rules and regulations Waiver of fees and penalties Private animal placement permit — citizen complaint process ATORY SPAY AND NEUTER PROGRAM Mandatory spaying and neutering PROVISIONS 7.12.510 7.12.520 7.12.525 7.12.530 7.12.540 Unaltered dogs and cats — advertising requirements Rabies vaccination required Rabies control Exemptions from chapter Unauthorized release of animals from confinement I. GENERAL PROVISIONS 7.12.010 Purpose and scope — authority — conflicts A. It is declared the public policy of the City of Tukwila to secure and maintain such levels of animal care and control as will protect animal and human health and safety, and to the greatest degree practicable to prevent injury to property and cruelty to animal life. To this end, it is the purpose of this chapter to provide a means of caring for animals, licensing dogs, cats, hobby catteries, hobby kennels and related facilities and controlling errant animal behavior so that it shall not become a public nuisance and to prevent cruelty to animals. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 11 of 52 13 B. The animal care and control authority is hereby authorized to administer the licensing and enforcement provisions of this chapter in the City of Tukwila as provided in the sections below and by separate agreement with the City. City of Tukwila law enforcement officers shall be authorized to carry out enforcement duties of this chapter. C. If there is a conflict between a provision of this chapter and a provision in TMC Title 18, the provision in TMC Title 18 shall control. 7.12.020 Definitions In construing this chapter, except where otherwise plainly declared or clearly apparent from the context, words shall be given their common and ordinary meaning. In addition, the following definitions apply to this chapter: 1. "Abate" means to terminate any violation by reasonable and lawful means determined by the manager of the Regional Animal Services Section in order that an owner or a person presumed to be the owner shall comply with this chapter. 2. "Altered" means spayed or neutered. 3. "Animal" means any living creature except Homo sapiens, insects and worms. 4. "Animal care and control authority" means the King County regional animal services section of the King County Records and Licensing Services Division, acting alone or in concert with other municipalities for enforcement of the animal care and control laws of the City, county and state and the shelter and welfare of animals. 5. "Animal care and control officer" means any individual employed, contracted or appointed by the King County animal care and control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the care and licensing of animals, control of animals or seizure and impoundment of animals, and includes City of Tukwila police officers and any state or municipal peace officer, sheriff, constable or other employee whose duties in whole or in part include assignments that involve the seizure and taking into custody of any animal. 6. "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 is at least six months old. 7. "Domesticated animal" means a domestic beast, such as any dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep, hog or other animal made to be domestic. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs 14 Page 12 of 52 8. "Euthanasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that causes painless loss of consciousness and death during the loss of consciousness. 9. "Fostering" means obtaining unwanted dogs or cats and locating adoptive homes for those licensed and spayed or neutered dogs or cats. 10. "Grooming service" means any place or establishment, public or private, where animals are bathed, clipped or combed for the purpose of enhancing either their aesthetic value or health, or both, and for which a fee is charged. 11. "Harbored, kept or maintained" means performing any of the acts of providing care, shelter, protection, refuge, food or nourishment in such a manner as to control the animal's actions, or that the animal or animals are treated as living at one's house by the homeowner. 12. "Hobby cattery" means a non - commercial 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. However, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number otherwise allowed in TMC Title 18. 13. "Hobby kennel" means a non - commercial kennel at or adjoining a private residence where four or more adult dogs are bred or kept for any combination of hunting, training and exhibition for organized shows, for field, working or obedience trials or for the enjoyment of the species. However, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number otherwise allowed in TMC Title 18. 14. "Juvenile" means any dog or cat, altered or unaltered, that is under six months old. 15. "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 is at least six months old. 16. "Livestock" has the same meaning as in TMC Section 7.08.020. 17. "Owner" means any person having an interest in or right of possession to an animal. "Owner" also means any person having control, custody or possession of any animal, or by reason of the animal being seen residing consistently at a location, to an extent such that the person could be presumed to be the owner. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 13 of 52 15 18. "Pack" means a group of two or more animals 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 the animals are not restrained or controlled. 19. "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity. 20. "Pet" means a dog or a cat or any other animal required to be licensed by this chapter. "Dog," "cat" and "pet" may be used interchangeably. 21. "Pet shop" means any person, establishment, store or department of any store that acquires live animals, including birds, reptiles, fowl and fish, and sells or rents, or offers to sell or rent, the live animals to the public or to retail outlets. 22. "Private animal placement permit" means a permit or permits issued to qualified persons engaged in fostering dogs and cats, to allow them to possess more dogs and cats than is otherwise specified in TMC Title 18. 23. "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, verbal voice or signal control. 24. "Service animal" means any animal that is trained or being trained to aid a person who is blind, hearing impaired or otherwise disabled and is used for that purpose and is registered with a recognized service animal organization. 25. "Shelter" means a facility that is used to house or contain stray, homeless, abandoned or unwanted animals and that 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 or person devoted to the welfare, protection and humane treatment of animals. 26. "Special hobby kennel license" means a license issued under certain conditions to pet owners, 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 the animals reduces the number they possess to the legal limit in TMC Title 18. 27. "Under control" means the animal is either under competent voice control or competent signal control, or both, so as to be restrained from approaching any bystander or other animal and from causing or being the cause of physical property damage when off a leash or off the premises of the owner. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs 16 Page 14 of 52 28. "Vicious" means having performed the act of, or having the propensity to do any act, endangering the safety of any person, animal or property of another, including, but not limited to, biting a human being or attacking a human being or domesticated animal without provocation. II. LICENSING 7.12.030 Pet licenses — required — issuance — penalty — fee use — improper checks — exceptions A. All dogs and cats eight weeks old and older that are harbored, kept or maintained in the City shall be licensed and registered. Licenses shall be renewed on or before the date of expiration. B. Upon application and the payment of a license fee made payable to the King County Treasury according to the schedule provided in TMC Section 7.12.035, a pet license shall be issued by the Regional Animal Services Section and may be issued by shelters, veterinarians, pet shops, catteries and kennels and other approved locations, under contract with the King County Regional Animal Services Section. 1. Pet licenses for dogs and cats shall be valid for a term of one year from issuance, expiring on the last day of the twelfth month. There is no proration of any license fees. Renewal licenses shall retain the original expiration period whether renewed before, on or after their respective renewal months. 2. Juvenile licenses may be obtained in lieu of an unaltered pet license for pets from eight weeks to six months old. 3. King County residents 65 years old or older may purchase a discounted pet license for their cats or dogs that are neutered or spayed and that are maintained at the registered owner's registered address. Residents 65 years old or older who have previously obtained a special permanent license for their cats or dogs shall not be required to purchase a new license for the permanently licensed animals. 4. Disabled residents that meet the eligibility requirements of the Metro Regional Reduced Fare Permit Program authorized in King County Code Chapter 28.94 may purchase a discounted pet license for their cats or dogs that are neutered or spayed and that are maintained at the registered owner's registered address. 5. Applications for a pet license shall be on forms provided by the Regional Animal Services Section. 6. License tags shall be worn by dogs at all times. As an alternative to a license tag, 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 Regional Animal Services Section. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 15 of 52 17 7. Owners of dogs or cats who hold valid licenses from other jurisdictions and who move into the City may transfer the license by paying a transfer fee. The license shall maintain the original license's expiration date. 8. It is a violation of this chapter for any person to sell or transfer ownership of any pet without a pet license. The Regional Animal Services Section shall be notified of the name, address and telephone number of the new owner by the person who sold or transferred the pet. 9. An applicant may be denied the issuance or renewal of a pet license if the applicant was previously found in violation of the animal cruelty provisions of King County Code Section 11.04.250, TMC Section 7.12.250 or convicted of animal cruelty under RCW 16.52.205 or 16.52.207. a. An applicant may be denied the issuance or renewal of a pet license for up to: (1) four years, if found in violation of the animal cruelty provisions of King County Code Section 11.04.250, TMC Section 7.12.250 or convicted of a misdemeanor under RCW 16.52.207; or (2) indefinitely, if convicted of a felony under RCW 16.52.205. b. Any applicant who is either the subject of a notice and order under King County Code Section 11.04.250, TMC Section 7.12.250 or charged with animal cruelty under RCW 16.52.205 or 16.52.207, may have the issuance or renewal of their pet license denied pending the final result of either the notice and order or charge. 10. The denial of the issuance or renewal of a pet license is subject to appeal, in accordance with TMC Section 7.12.270. 11. Cat or dog owners are subject to a penalty according to the schedule in TMC Section 7.12.035 for failure to comply with the licensing requirement in TMC Section 7.12.030(A). C. A late fee shall be charged on all pet license applications, according to the schedule provided in TMC Section 7.12.035. D. All fees and fines collected under this chapter shall be deposited in the King County general fund to be applied solely to regional animal services. The Records and Licensing Services Division is authorized to accept credit and bank card payments for fees and penalties imposed under this title, in accordance with King County Code Chapter 4.100. W: Word Processing \Ordinances'Animal Care and Control strike -thru 12 -1 -14 AMS:bjs 18 Page 16 of 52 E. It is a violation of this chapter for any person to knowingly issue a check for which funds are insufficient or to stop payment on any check written in payment of fees in this chapter. Any license or penalty paid for with those types of checks are, in the case of the license, invalid; and in the case of the penalty, still outstanding. Costs incurred by the City and /or county in collecting checks of this nature shall be considered a cost of abatement and are personal obligations of the animal owner under TMC Section 7.12.300. F. With the exception of TMC Section 7.12.030(G), this section shall not apply to dogs or cats in the custody of a veterinarian or shelter or whose owners are non- residents temporarily within the county for a period not exceeding 30 days. G. Veterinarians and shelters that sell or give away a dog or cat without a license shall make license application materials available to the new pet owner and shall provide the Regional Animal Services Section monthly with the list of information required by TMC Section 7.12.070 for any dogs and cats given away or sold. 7.12.033 Animal shelter, kennel, grooming service, cattery and pet shop — general licenses — requirements All hobby kennels and hobby catteries must be licensed by the Regional Animal Services Section. Licenses shall be valid for one year from the date of application. Fees shall be assessed as provided in TMC Section 7.12.035. There is no proration of the license fee. Renewal licenses shall retain the original expiration date whether renewed on or after their respective renewal month. Issuance of a license under this section shall.not excuse any requirement to obtain a private animal placement permit. 7.12.035 License fees and penalties Except for fees and penalties as explicitly provided in this Title 7 of the Tukwila Municipal Code, the City hereby adopts by reference the animal license and registration fees, business and activity permit fees, civil penalties, and service fees as adopted by King County and codified in King County Code Chapter 11.04, as it now reads and as hereafter amended. 7.12.050 Animal shelter cattery, pet shop, grooming service and kennel license — information required Shelters, catteries, pet shops, grooming services and kennels shall comply with the licensing requirements of the Seattle -King County Department of Public Health. Subject to applicable restrictions in TMC Title 18, the facilities may board animals as authorized by their Seattle -King County Department of Public Health license. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 17 of 52 19 7.12.060 Hobby kennel or hobby cattery licenses — required — limitations — requirements — issuance and maintenance — special hobby kennel license A. It is unlawful for any person to keep and maintain any hobby kennel or hobby cattery without a valid and subsisting license therefor. The fee for such an annual license shall be assessed upon the owner or keeper of the animals and shall be as provided in TMC Section 7.12.035. In addition, each animal that is maintained at a hobby kennel or hobby cattery shall be licensed individually under TMC Section 7.12.030.B. B. Any hobby kennel or hobby cattery license shall limit the total number of adult dogs and cats kept by the hobby kennel or hobby cattery based on: 1. Animal size. 2. Type and characteristics of the breed. 3. The amount of lot area, though the maximum number shall not exceed: a. 25 where the lot area contains 5 acres or more; b. 10 where the lot area contains 35,000 square feet but less than 5 acres; and c. 5 where the lot area is less than 35,000 square feet. 4. The facility specifications and dimensions in which the dogs and cats are to be maintained. 5. The zoning classification in which the hobby kennel or hobby cattery would be maintained. C. The following are requirements for hobby kennels and hobby catteries: 1. All open run areas shall be completely surrounded by a 6 -foot fence set back at least 20 feet from all property lines, though this requirement may be modified for hobby catteries as long as the open run area contains the cats and prohibits the entrance of children. For purposes of this section, "open run area" means that area, within the property lines of the premises on which the hobby kennel or hobby cattery is to be maintained, where the dogs and cats are sheltered or maintained. If there is no area set aside for sheltering or maintaining the dogs within the property lines of the premises, the 20 -foot setback does not apply. The property lines of premises not containing an open run area must be completely surrounded by a 6 -foot fence. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs 20 Page 18 of 52 2. No commercial signs or other appearances advertising the hobby kennel or hobby cattery are permitted on the property except for the sale of the allowable offspring set forth in this section. 3. The manager of the Regional Animal Services Section or the City may require setback, additional setback, fencing, screening or soundproofing as the manager or City deems necessary to ensure the compatibility of the hobby kennel or hobby cattery with the surrounding neighborhood. Factors to be considered in determining the compatibility are: a. Statements regarding approval or disapproval of surrounding neighbors relative to maintenance of a hobby kennel or hobby cattery at the address applied for. b. History of verified animal care and control complaints relating to the dogs and cats of the applicant at the address for which the hobby kennel or hobby cattery is applied for. c. Facility specifications or dimensions in which the dogs and cats are to be maintained. d. Animal size, type and characteristics of breed. e. The zoning classification of the premises on which the hobby kennel or hobby cattery is maintained. 4. The hobby kennel or hobby cattery shall limit dog and cat reproduction to no more than one litter per license year per female dog and two litters per license year per female cat. 5. Each dog and cat in the hobby kennel or hobby cattery shall have current and proper immunization from disease according to the dog's and cat's species and age. The immunizations shall consist of distemper, hepatitis, leptospirosis, parainfluenza and parvo virus (DHLPP) inoculation for dogs over three months old and feline herpesvirus 1, calicivirus and panleukopenia virus (FVRCP) inoculation for cats over two months old and rabies inoculations for all dogs and cats over four months old. D. A hobby kennel or hobby cattery license may be issued only when the manager of the Regional Animal Services Section is satisfied that the requirements of TMC Section 7.12.060.C.1 through 5 have been met. The license may be terminated if the number of dogs and cats exceeds the number allowed by the Regional Animal Services Section or if the facility fails to comply with any of the requirements of TMC Section 7.12.060.C.1 through 5. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 19 of 52 21 E. Special Hobby Kennel License. 1. 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 Regional Animal Services Section, which shall allow them to retain the specific animals then in their possession, but only if the following conditions are met: a. the applicant must apply for the special hobby kennel license and individual licenses for each dog and cat by July 6, 1992, or at the time they are contacted by an animal care and control officer, King County license inspector or King County pet license canvasser; and b. the applicant is keeping the dogs and cats for the enjoyment of the species, and not as a commercial enterprise. 2. 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 possess animals beyond the limits otherwise imposed by TMC Title 18 until such a time as the death or transfer of the animals reduces the number possessed to the legal limit set forth in TMC Title 18. 3. The manager of the Regional Animal Services Section may deny any application for a special hobby kennel license: a. based on past animal care and control code violations by the applicant's dogs and cats or verified complaints from neighbors regarding the applicant's dogs and cats; or b. if the animal or animals are maintained in inhumane conditions. 7.12.070 Animal shelters, kennels, hobby kennels, catteries, hobby catteries or pet shops — reporting required Each animal shelter, kennel, hobby kennel, cattery, hobby cattery or pet shop shall provide the Regional Animal Services Section with a monthly list of all dogs and cats that it has given away or sold. The list shall include the origin, age, sex, color, breed, altered status and, if applicable, microchip number and license number of each dog or cat given away or sold and the new owner's name, address and, if available, email address and telephone number. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs 22 Page 20 of 52 7.12.080 Animal shelters, kennels, catteries, grooming service or pet shops — inspections — unsanitary conditions unlawful A. It shall be the duty of the director of the Seattle -King County Department of Public Health or the director's agent or the manager of the Regional Animal Services Section or the manager's agent to make or cause to be made such an inspection as may be necessary to determine compliance with TMC Sections 7.12.090, 7.12.100 and 7.12.110. The owner or keeper of an animal shelter, kennel, cattery, grooming service or pet shop shall admit to the premises, for the purpose of making an inspection, any officer, agent or employee of the Seattle -King County Department of Public Health or animal care and control authority at any reasonable time that admission is requested. 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 or safety and not in compliance with TMC Sections 7.12.070, 7.12.090, 7.12.100 or 7.12.110. 7.12.090 Animal shelters, kennels, grooming services, catteries and pet shops — conditions Animal shelters, kennels, catteries, grooming services and pet shops shall meet the following conditions: 1. Housing facilities shall be provided the animals and such shall be structurally sound and shall be maintained in good repair, shall be designed so as to protect the animals from injury, shall contain the animals, and shall restrict the entrance of other animals. 2. Electric power shall be supplied in conformance with city, county, and state electrical codes adequate to supply lighting and heating as may be required by this chapter. Water shall be supplied at sufficient pressure and quantity to clean indoor housing facilities and primary enclosures of debris and excreta. 3. Suitable food and bedding shall be provided and stored in facilities adequate to provide protection against infestation or contamination by insects or rodents. Refrigeration shall be provided for the protection of perishable foods. 4. Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, and debris. Disposal facilities shall be maintained in a sanitary condition, free from the infestation or contamination of insects or rodents or disease, and from obnoxious or foul odors. 5. Washroom facilities, including sinks and toilets, with hot and cold water, must be conveniently available for cleaning purposes, and a large sink or tub provided for the purpose of washing utensils, equipment and facilities. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 21 of 52 23 6. Sick animals shall be separated from those appearing healthy and normal and, if for sale, shall be removed from display and sale. Sick animals shall be kept in isolation quarters with adequate ventilation to keep from contaminating well animals. 7. There shall be an employee on duty at all times during hours any store is open whose responsibility shall be the care and welfare of the animals in that shop or department held for sale or display. 8. An employee or owner shall come in to feed, water and do the necessary cleaning of animals and birds on days the store or shop is closed. 9. No person, persons, association, firm or corporation shall knowingly sell a sick or injured animal or bird. 10. No person, persons, association, firm or corporation shall misrepresent an animal or bird to a consumer in any way. 7.12.100 Animal shelters, kennels, catteries, grooming services and pet shops — indoor facilities Animal shelters, 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 acclimatized. 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 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. 3. 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. 4. Have interior wall and ceiling surfaces constructed of materials that are resistant to the absorption of moisture and odors, or such surfaces shall be treated with a sealant or with paint, when such materials are not originally resistant to moisture or odors. Floor surfaces shall not be made of unsealed wood. In addition, interior walls shall be constructed so that the interface with floor surfaces is sealed from the flow or accumulation of moisture or debris. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs 24 Page 22 of 52 5. Contain a drainage system which shall be connected to a sanitary sewer or septic tank system that 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 of weather 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 sanitary condition and a safe and effective disinfectant shall be used in the cleaning of such facilities. 7.12.110 Animal shelters, kennels, catteries and pet shops — outdoor facilities Animal shelters, kennels, catteries and pet shops which have outdoor facilities for animals and birds shall: 1. Be constructed to provide shelter from excessive sunlight, rain, snow, wind, or other elements. In addition, such facilities shall be constructed to provide sufficient space for the proper exercise and movement of each animal contained therein. 2. 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. 3. Be constructed with adequate walls or fences to contain the animals kept therein and to prevent entrance of other animals. 7.12.130 Grooming parlors — conditions Grooming 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 being 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 province of a licensed veterinarian as provided in RCW 18.92.010. 6. Not put more than one animal in each cage. 7. All floors and walls in rooms, pens and cages used to retain animals or in areas where animals are clipped, groomed or treated must be constructed of water impervious material that can readily be cleaned, and must be maintained in good repair. W: Word Processing \OrdinancesWnimal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 23 of 52 25 8. 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). 9. Toilet and hand - washing facilities with hot and cold running water must be conveniently available for personnel employed. 10. Only equipment necessary to the operation of the licensed establishment shall be kept or stored on the premises and shall only be stored in a sanitary or orderly manner. 11. All cages, pens, or kennels used for holding animals shall be kept in a clean and sanitary condition and must be disinfected on a routine basis. 7.12.140 Animal shelters, hobby kennels, kennels, pet shops, grooming parlors, guard dog purveyors, guard dog trainers and guard dog owners — additional conditions The manager of the Regional Animal Services Section is authorized to promulgate rules and regulations not in conflict with the Tukwila Municipal Code as they pertain to the conditions and operations of animal shelters, hobby kennels, kennels, hobby catteries, catteries, pet shops and grooming parlors, guard dog purveyors, guard dog trainers and guard dog owners in the City of Tukwila. 7.12.150 Licenses, registration — revocation, suspension or refusal to renew The Regional Animal Services Section may, in addition to other penalties provided in this title, revoke, suspend or refuse to renew any hobby kennel, hobby cattery, guard dog purveyor, guard dog trainer license or guard dog registration upon good cause or for failure to comply with any provision of this title. Enforcement of such a revocation, suspension or refusal shall be stayed during the pendency of an appeal filed in accordance with TMC Section 7.12.260. 7.12.160 Licenses, registration — revocation or refusal waiting period If an applicant has had a license or registration revoked or a renewal refused, the applicant shall not be issued a hobby kennel license, hobby cattery license, guard dog purveyor license, guard dog trainer license or guard dog registration for one year after the revocation and refusal. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs 26 Page 24 of 52 7.12.165 Individual private animal placement permit — required — qualifications — limitations — inspection, denial and revocation A. Any person independently engaged in the fostering of dogs and cats who routinely possesses more dogs and cats than are otherwise allowed in TMC Title 18 must obtain a private animal placement permit from. the Regional Animal Services Section. Permits shall be valid for one year from issuance and may not be transferred. B. In order to qualify for a private animal placement permit, an applicant must: 1. Maintain and care for dogs and cats in a humane and sanitary fashion, in compliance with TMC Section 7.12.090. 2. Foster the dogs and cats at a location that is compatible with the surrounding neighborhood. 3. Agree to return stray or lost animals to their owners in accordance with TMC Section 7.12.210 before placing the animals in an adoptive home. 4. Agree to spay or neuter and license each dog or cat before placement into its new home and transfer the license of each animal to its adoptive owner. 5. Agree to coordinate their adoption process with the Regional Animal Services Section, including reporting on the disposition of each animal, and only adopting to owners who would qualify to adopt an animal from a King County animal care and control shelter based on the adoption procedures and guidelines used by the Regional Animal Services Section. C. Individuals or organizations holding a private animal placement permit shall be allowed to possess five foster animals above the limit that would normally apply to their property under TMC Title 18. D. Permit holders are required to locate an adoptive home for each dog or cat within six months of acquiring the dog or cat. If, after six months, an adoptive home has not been found for a dog or cat, the Regional Animal Services Section shall review the situation to determine if the permit holder is complying with the permit. If the manager of the Regional Animal Services Section ascertains that a good faith effort is being made to locate adoptive homes, a six -month extension may be granted. E. The presence of juvenile animals shall not necessarily place a permit holder over their limit unless the manager of the Regional Animal Services section determines that juvenile animals are present in such large numbers as to otherwise place the permit holder out of compliance with the permit. F. Holders of hobby kennel licenses shall be allowed to possess and foster five more animals than are allowed by the conditions of a hobby kennel permit. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 25 of 52 27 G. Regional Animal Services may inspect the facilities of an applicant for a private animal placement permit to determine whether or not such a permit shall be issued. In addition, Regional Animal Services may periodically inspect the facilities of holders of private animal placement permits to ensure compliance with this section. Regional Animal Services may also deny or revoke permits based on any one or more of the following: section; 1. A failure to meet the qualifications listed in subsections A through F of this 2. Verified animal care and control complaints; and 3. Verified complaints by neighbors regarding the failure to comply with private animal placement permit requirements. 7.12.167 Organizational private animal placement permit — required — qualifications — limitations inspection, denial and revocation A. Any organization engaged in the fostering of dogs and cats whose members routinely or from time to time have in their possession up to five more dogs and cats than are otherwise allowed in TMC Title 18 must obtain private animal placement permits from the Regional Animal Services Section for each of those members. Organizations may purchase up to 5 permits, or up to 20 permits per year. However, the manager of the Regional Animal Services Section may issue more than 20 permits to an organization when to do so would further the goals of the Regional Animal Services Section and be in the public interest. Permits shall be valid for one year from issuance and may be transferred between members of the organization. B. In order to qualify to distribute private animal placement permits to its members an organization must: 1. Be of a reputable nature and engaged in the fostering of animals solely for the benefit of the animals involved, and not as a commercial enterprise; 2. Agree to furnish animal care and control with the names, addresses and phone numbers of each of the holders of its permits, including immediately furnishing this information when a transfer takes place; and 3. Agree that, to the best of their ability, they shall only distribute permits to individuals who shall comply with the requirements of TMC Section 7.12.165. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs 28 Page 26 of 52 III. ENFORCEMENT, PENALTIES AND PROCEDURES 7.12.170 Enforcement power Any law enforcement officer, the manager of the Regional Animal Services Section and the animal care and control officers are authorized to take such lawful action as may be required to enforce this chapter and TMC Title 18, as they pertain to the keeping of animals, and the laws of the state of Washington as the laws pertain to animal cruelty, shelter, welfare and enforcement of control. 7.12.180 Violations — deemed nuisance — abatement All violations of this chapter are detrimental to the public health, safety and welfare and are public nuisances. All conditions that are determined after review by the manager of the Regional Animal Services Section to be in violation of this chapter shall be abated. 7.12.190 Violations — Misdemeanor — penalty Any person who allows an animal to be maintained in violation of this chapter is guilty of a misdemeanor. 7.12.200 Violations — civil penalty In addition to or as an alternative to any other penalty provided in this chapter or by law, any person whose animal is maintained in violation of this chapter shall incur a civil penalty in an amount not to exceed $1,000 per violation to be directly assessed by the manager of the animal care and control authority plus billable costs of the animal care and control authority. The manager, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the nature and type of violation, the gravity of the violation, the number of past and present violations committed and the good faith of the violator in attempting to achieve compliance with prescribed requirements or after notification of a violation. All civil penalties assessed shall be enforced and collected in accordance with the procedure specified in this chapter. 7.12.210 Impounding A. Any law enforcement officer, the manager of the Regional Animal Services Section and the manager's authorized representatives may apprehend any animals found doing any of the acts defined as a public nuisance or being subjected to cruel treatment as defined by law. After the animal is apprehended, the Regional Animal Services Section shall ascertain whether the animal is licensed or otherwise identifiable. If reasonably possible, the Regional Animal Services Section shall return the animal to the owner together with a notice of violation of this chapter. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 27 of 52 29 1. If it is not reasonably possible to immediately return a currently licensed animal to its owner, the Regional Animal Services Section 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 in accordance with this chapter shall be held for the owner at least 120 hours after telephone contact by the impounding agency or for at least two weeks after posting of the notification of impoundment by regular mail. 2. Any other animal impounded in accordance with this chapter shall be held for its owner at least 72 hours from the time of impoundment. 3. Any animal suffering from serious injury or disease may be euthanized. 4. At the discretion of the impounding authority, any animal may be held for a longer period than otherwise specified in this section and redeemed by any person on payment of charges not exceeding those prescribed in this chapter. B. Any animal not redeemed shall be treated in one of the following ways: 1. Made available for adoption at the fee provided in TMC Section 7.12.035. a. As provided in TMC Section 7.12.400, all dogs and cats adopted from the King County animal shelter shall be spayed or neutered before adoption, except that, persons adopting a juvenile may elect not to spay or neuter the animal at the time of adoption if such persons purchase a juvenile license and pre - purchase an adult altered license, effective the month that the animal would become six months of age. Such persons shall also pay a spay or neuter deposit that shall be returned to the adopting person upon submission of proof that the sterilization was performed within six months from the adoption. Failure to spay or neuter such a dog or cat is a violation of this chapter and a breach of the adoption contract and shall result in the forfeiture of the adoption and return of the dog or cat to King County animal care and control for the required spaying or neutering. Persons adopting a juvenile dog or cat that is spayed or neutered may purchase an adult altered license at the time of adoption, effective for one year. b. The manager of the Regional Animal Services Section may adopt administrative rules regarding the adoption of animals from King County shelters; or 2. Transferred to another animal welfare organization for adoption; 3. Entered into foster care; or 4. Euthanized. C. The county shall not sell any animals for the purposes of medical research to any research institute or any other purchasers. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs 30 Page 28 of 52 D. Any unaltered dog or cat impounded more than once shall be spayed or neutered pursuant to one of the following options: 1. By Regional Animal Services before the release of the dog or cat. If the dog or cat is spayed or neutered by the Regional Animal Services Section, the cost of the spay or neuter shall be charged to the owner upon redemption but shall be deducted from the impound and redemption fees otherwise required under this chapter. 2. At the request of the owner, after release of the dog or cat to the owner, but only if the owner agrees to pay a cash deposit of $250 and provides proof of neutering or spaying on a form provided by the Regional Animal Services Section. In order for the deposit to be refunded to the owner, the form must be certified by a licensed veterinarian within 10 days of release of the dog or cat to the owner. If proof of neutering or spaying is not provided within 10 days, Regional Animal Services may again impound the dog or cat to verify that it is spayed or neutered. If the animal is not spayed or neutered, the Regional Animal Services Section may spay or neuter the animal before it is released to the owner. 7.12.220 Additional enforcement Notwithstanding the existence or use of any other remedy, the City or the manager of the Regional Animal Services Section may seek legal or equitable relief to enjoin acts or practices and abate any conditions that constitute a violation of this chapter or other regulations adopted under this chapter. 7.12.225 Additional enforcement — cruelty to animals A. The manager of the animal care and control authority may prohibit a person who is issued a notice and order for violation of King County Code Section 11.04.250 or TMC Section 7.12.250, or who is either charged or convicted of animal cruelty under either RCW 16.52.205 or 16.52.207, from owning, harboring, keeping or maintaining any animal if the manager determines that the enforcement furthers the purposes of this chapter, in accordance with the following: A person may be prohibited from owning, harboring, keeping or maintaining any animal: 1. For up to four years, if the person is found in violation of the animal cruelty provisions of King County Code Section 11.04.250 or TMC Section 7.12.250 or convicted of a misdemeanor under RCW 16.52.207; 2. Indefinitely, if the person is convicted of a felony under RCW 16.52.205; or 3. Pending the final adjudication of either a notice and order issued under King County Code Section 11.04.250, TMC Section 7.12.250 or a charge under RCW 16.52.205 or 16.52.207. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 29 of 52 31 B. The director or authorized animal care and control officer may enforce this section through the notice and order process in King County Code Section 11.04.260 or TMC Section 7.12.260. A notice and order issued to enforce this section is subject to appeal, in accordance with King County Code Section 11.04.270 or TMC Section 7.12.270. 7.12.230 Nuisances defined For purposes of this chapter, nuisances are violations of this chapter and shall be defined as follows: (In the event of a conflict between this section and the provisions in TMC Chapter 7.16, "Dangerous Dogs," or TMC Chapter 7.20, 'Dogs at Large and Leashes," the provisions of TMC Chapters 7.16 and 7.20 shall apply.) 1. Any public nuisance relating to animal care and control known at common law or in equity jurisprudence. 2. Any domesticated animal, whether licensed or not, that runs at large in any park or enters any public beach, pond, fountain or stream or upon any public playground or school ground. However, this subsection shall not prohibit a person from walking or exercising an animal in a public park or on any public beach when the animal is on a leash, tether or chain not to exceed eight feet in length or signal control. Also, this subsection shall not apply to any person using a trained service animal, to animal shows, exhibitions or organized dog- training classes if at least 24 hours' advance notice has been given to the animal care and control authority by those persons requesting to hold the animal shows, exhibitions or organized dog- training classes. 3. Any domesticated animal that enters any place where food is stored, prepared, served or sold to the public, or any other public building or hall. However, this subsection shall not apply to any person using a trained service animal, to veterinary offices or hospitals or to animal shows, exhibitions or organized dog- training classes if at least 24 hours' advance notice has been given to the animal care and control authority by the persons requesting to hold the animal shows, exhibitions or organized dog- training classes. 4. Any female domesticated animal, whether licensed or not, while in heat and accessible to other animals for purposes other than controlled and planned breeding. 5. Any domesticated animal that chases, runs after or jumps at vehicles using the public streets and alleys. 6. Any domesticated animal that habitually snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets, alleys or other public ways. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs 32 Page 30 of 52 7. Any animal that has exhibited vicious propensities and constitutes a danger to the safety of persons or property off the animal's premises or lawfully on the animal's premises. However, in addition to other remedies and penalties, the provisions of this chapter relating to vicious animals shall apply. 8. Any vicious animal or animal with vicious propensities that runs at large at any time or 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 the animal. However, in addition to other remedies and penalties, the provisions of this chapter relating to vicious animals shall apply. 9. Any domesticated animal that howls, yelps, whines, barks or makes other oral noises, in such a manner as to disturb any person or neighborhood to an unreasonable degree. 10. Any domesticated animal that enters upon a person's property without the permission of that person 11. Animals staked, tethered or kept on public property without prior written consent of the animal care and control authority. 12. Animals on any public property not under control by the owner or other competent person. 13. Animals harbored, kept or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian. 14. Animals running in packs. 7.12.235 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 and cats as prizes or gifts. 7.12.240 Unlawful acts against police department dogs — penalty for violation A. No person shall willfully 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 said department or its officers or members. B. Any person who violates TMC Section 7.12.240.A shall be deemed guilty of a class C felony. In addition to the criminal penalty, the court may impose a civil penalty of up to $5,000 for harming a police dog. The court shall impose a civil penalty of at least $5,000 and may increase the penalty up to a maximum of $10,000 for killing a police dog. W: Word Processing \OrdinancesWnimal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 31 of 52 33 7.12.250 Violations — unlawful acts — cruelty to animals — database A. It is unlawful for any person to: 1. Willfully 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 the person has so caused to any animal. 3. Lay out or expose any kind of poison, or to leave exposed any poison food or drink for humans, animals or fowl, or any substance or fluid whatever whereon or wherein there is or shall be deposited or mingled, any kind of poison or deadly substance or fluid whatever, on any premises, or in any unenclosed place, or to aid or abet any person in so doing, unless in accordance with RCW 16.52.190. 4. Abandon any domesticated animal by dropping off or leaving the animal on the street, road or highway, in any other public place or on the private property of another. B. The Regional Animal Services Section shall keep a database containing the names of all persons who are either found in violation of King County Code Section 11.04.250, TMC Section 7.12.250 or charged or convicted of animal cruelty under either RCW 16.52.205 or 16.52.207. Further, the Regional Animal Services Section shall coordinate with law enforcement, when necessary, to keep this database current. 7.12.260 Violations — notice and order A. Whenever the manager of the Regional Animal Services Section or animal care and control officer has found an animal maintained in violation of this chapter, the manager of the Regional Animal Services Section shall commence proceedings to cause the abatement of each violation. B. The manager of the Regional Animal Services Section or animal care and 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 W: Word Processing \OrdinancesWnimal Care and Control strike -thru 12 -1 -14 AMS:bjs 34 Page 32 of 52 3. A statement to the effect that the manager or animal care and control officer has found the animal maintained illegally with a brief and concise description of the conditions that caused the animal to be in violation of this chapter, including reference to the specific sections of code or statute violated and, where relevant, reference to the specific sections of code or statute authorizing removal of the animal. 4. A statement of the action required to be taken to abate the violation, as determined by the manager of the Regional Animal Services Section. a. If the manager has determined the animal in violation must be disposed of, the order shall require that the abatement be completed within a specified time from the order as determined by the manager to be reasonable. b. If the manager of the Regional Animal Services Section determined to assess a civil penalty, the order shall require that the penalty shall be paid within 14 days from the order. 5. Statements advising that if any required abatement is not commenced within the time specified, the manager of the Regional Animal Services Section shall 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 manager of the Regional Animal Services Section to the board of appeals, but only if the appeal is made in writing as provided by this chapter and filed with the manager of the Regional Animal Services Section within 14 days from the service of the notice of violation and order; and b. that failure to appeal constitutes 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; 2. By mailing a copy of the notice of violation and order by certified mail, postage prepaid, return receipt requested, to the person at the person's last known address; or 3. By 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 the owner or person is not home. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 33 of 52 35 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. 7.12.270 Appeals A. 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 manager of the Regional Animal Services Section under 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 manager of the Regional Animal Services Section, 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 manager of the Regional Animal Services Section. B. Any person entitled to service under TMC Section 7.12.260.B may appeal from any notice and order or any action of the manager of the Regional Animal Services Section under this chapter by filing at the office of the manager of the Regional Animal Services Section within 14 days from the service of the 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. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs 36 Page 34 of 52 C. The Board of Appeals shall set a time and place, not more than 30 days from the notice of appeal for a hearing on the appeal. Written notice of the time and place of hearing shall be given at least 10 days before 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, to be represented by counsel and to offer evidence that is pertinent and material to the action of the manager of the Regional Animal Services Section. 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 the right to an administrative hearing. F. Enforcement of any notice and order of the manager of the Regional Animal Services Section issued under this chapter shall be stayed during the pending of an appeal, except impoundment of an animal that is vicious or dangerous or cruelly treated. G. In proceedings before the Board, the Regional Animal Services Section shall bear the burden of proving by a preponderance of the evidence both the violation and the appropriateness of the remedy it has imposed. 7.12.280 Redemption procedures Any animal impounded pursuant to the provisions of TMC Section 7.12.210 may be redeemed upon payment of the redemption fee as provided in TMC Section 7.12.035. 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 kenneling fee 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 King County. The redemption fee for livestock shall be as provided in TMC Section 7.12.035 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 the county and the given stockyard used for holding such animal. 7.12.290 Vicious animals — corrective action A. Corrective action requirements. 1. An animal declared by the manager of the Regional Animal Services Section to be vicious may be harbored, kept or maintained in King County only upon compliance with those requirements prescribed by the manager. In prescribing the requirements, the manager must take into consideration the following factors: a. the breed of the animal and its characteristics; W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 35 of 52 37 b. the physical size of the animal; c. the number of animals in the owner's home; d. the zoning involved, size of the lot where the animal resides and the number and proximity of neighbors; e. the existing control factors including, but not limited to, fencing, caging, runs and staking locations; and f. the nature of the behavior giving rise to the manager's determination that the animal is vicious, including: (1) extent of injury or injuries; (2) circumstance, such as time of day, if it was on or off the property and provocation instinct; and (3) circumstances surrounding the result and complaint, such as neighborhood disputes, identification, credibility of complainants and witnesses. 2. Requirements that may be prescribed include, but are not limited to, the following: a. Erection of additional or new fencing adequate to keep the animal within the confines of its property. b. Construction of a run within which the animal is to be kept. Dimensions of the run shall be consistent with the size of the animal. c. Keeping the animal on a leash adequate to control the animal, the length and location to be determined by the manager. When unattended the leash must be securely fastened to a secure object. d. Maintenance of the animal indoors at all times, except when personally controlled on a leash adequate to control the animal by the owner or a competent person at least 15 years old. e. Removal of the animal from the county within 48 hours from receipt of such a notice. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs 38 Page 36 of 52 3. Failure to comply with any requirement prescribed by the manager in accordance with this section constitutes a misdemeanor. Such an animal shall not be kept in the City after 48 hours after receiving written notice from the manager. Such an animal or animals found in violation of this section shall be impounded and disposed of as an unredeemed animal and the owner or keeper of the animal or animals has no right to redeem the animal or animals. B. Vicious animals deemed public nuisance. 1. Any animal constituting a public nuisance as provided in this chapter shall be abated and removed from the county by the owner or by the manager of the Regional Animal Services Section, upon the receipt of three notices and orders of violation by the owner in any one -year period, though this removal procedure shall not apply to the vicious animal removal procedure set out in TMC Section 7.12.290.A.3. Where it is established by record in accordance with this chapter and no finding was entered showing that the owner will be able to provide reasonable restraints to protect the public from repetitions of violations, the manager of the Regional Animal Services Section shall notify and direct the owner of the animal to abate or remove the same from the county within 96 hours from the notice. If the animal is found to be within the confines of King County after 96 hours have elapsed from the notice, the same shall be abated and removed by the manager of the Regional Animal Services Section. Animals removed in accordance with this section shall be removed from King County or be subjected to euthanasia by the Regional Animal Services Section. 2. Any animal that bites, attacks or attempts to bite one or more persons two or more times within a two -year period is declared to be a public nuisance and shall not be kept within the City 48 hours after receiving written notice from the manager of the Regional Animal Services Section. Such an animal or animals found in violation of this section shall be impounded and disposed of as an unredeemed animal, and the owner or keeper of the animal or animals has no right to redeem the animal. C. This section shall not apply to dogs, which are governed by the provisions of TMC Chapter 7.16, "Dangerous Dogs." 7.12.300 Civil penalty and abatement costs — liability of owner The civil penalty and the cost of abatement are also personal obligations of the animal owner. The prosecuting attorney on behalf of King County may collect the civil penalty and the abatement work costs by use of all appropriate legal remedies. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 37 of 52 39 7.12.310 Costs of enforcement action In addition to costs and disbursements provided for by statute, the prevailing party in a collection action under this chapter may, in the court's discretion, be allowed interest and a reasonable 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. 7.12.330 Additional rules and regulations The Regional Animal Services Section is authorized to make and enforce rules and regulations not inconsistent with the provisions of this chapter section, and it is unlawful to violate or fail to comply with any of such rules and regulations. All of such rules and regulations shall be reduced to writing and adopted in accordance with King County Code Chapter 2.98. 7.12.335 Waiver of fees and penalties A. The manager of the Regional Animal Services Section may waive or provide periods of amnesty for payment of outstanding licensing fees, late licensing penalty fees, adoption fees and redemption and sheltering fees, in whole or in part, when to do so would further the goals of the Regional Animal Services Section and be in the public interest. B. In determining whether a waiver should apply, the manager of the Regional Animal Services Section must take into consideration the following elements: 1. The reason the animal was impounded; 2. The reason or basis for the violation, the nature of the violation, the duration of the violation and the likelihood the violation will not recur; 3. The total amount of the fees charged as compared with the gravity of the violation; 4. The effect on the owner, the animal's welfare and the Regional Animal Services Section if the fee or fees or penalties are not waived and no payment is received. 7.12.345 Private animal placement permit — citizen complaint process A. Upon receiving a citizen complaint involving the maintenance of either an Individual or Organizational Private Animal Placement Permit, the Director of Seattle -King County Department of Public Health shall cause the following to be performed: W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs 40 Page 38 of 52 1. Issue a Notice of Complaint to the holder of the permit, and the organization which issued the permit, if applicable, advising such person of the allegation(s) made in the complaint. 2. Require the permit holder, and organization if applicable, to respond, in writing, to the allegation(s) in the Notice of Complaint within 10 days of receipt of the Notice of Complaint. 3. Investigate the allegation(s) in the written complaint and the response submitted by the permit holder, and organization, if applicable. 4. Make a finding as to the validity of the allegation(s) in the complaint. If it is found to be a valid complaint, the Director of Seattle -King County Department of Public Health shall revoke the permit pursuant to the qualifications described in TMC Sections 7.12.030 and 7.12.165. B. Failure to respond, in writing, to a Notice of Complaint within 10 days shall constitute a waiver of the permit holder's, and organization's if applicable, right to contest the allegation(s) in the complaint and shall be prima facie evidence that the allegation(s) are valid, and the permit shall be revoked. IV. MANDATORY SPAY AND NEUTER PROGRAM 7.12.400 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 TMC Section 7.12.030. B. Guide dog puppies in training and police service dogs are exempted from the provisions of this section. C. Any dog or cat over the age of six months adopted from an animal shelter in the City or King County shall be spayed or neutered before transfer to the owner. V. OTHER PROVISIONS 7.12.510 Unaltered dogs and cats — advertising requirements No person in the City shall publish or advertise to City residents the availability of any unaltered cat or dog unless the publication or advertisement includes: the unaltered animal's license number or the animal's juvenile license number, provided, however that nothing in this chapter shall prohibit licensed breeders from advertising in national publications for sale of a planned litter or litters. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 39 of 52 41 7.12.520 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. 7.12.525 Rabies control Chapter 11.12 of the King County Code, entitled "Rabies Control," as presently constituted or hereafter amended, is hereby adopted by reference except that, unless the context indicates otherwise, the word "county" and the words "King County" shall refer to the City and references to violations of the county code or county ordinances shall be deemed to be references to violations of City ordinances. 7.12.530 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. 7.12.540 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 the release is necessary for the immediate health and safety of the animal, though this section shall not apply to peace officers and animal care and control officers. Section 5. TMC Chapter 7.16 Reenacted. TMC Chapter 7.16 is hereby reenacted to read as follows: CHAPTER 7.16 DANGEROUS DOGS Sections: 7.16.010 Definitions 7.16.020 Dangerous and Potentially Dangerous Dogs — Registration, Prohibitions, Etc. 7.16.030 Additional Dangerous Dog Regulations 7.16.040 Declaration of Dangerous and Potentially Dangerous Dogs 7.16.050 Violations — Penalty 7.16.010 Definitions A. "Animal" means any living creature except Homo Sapiens, insects and worms. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs 42 Page 40 of 52 A. "Animal Control Authority" means the department of the City charged with the responsibility of administering the provisions of this chapter, or the department and any other governmental body to which this responsibility is contractually delegated and which is thereby charged with the duty of enforcing the animal control laws of the City and with the shelter and welfare of animals. B. "Animal Control Officer" means any individual employed, contracted, or appointed by the King County Animal Control Authority for the purpose of aiding in the enforcement of this Chapter or any other law or ordinance relating to the licensing of animals, control of animals, or seizure and impoundment of animals; and includes any law enforcement officer, State or municipal peace officer, sheriff, constable, or other employee whose duties in whole or in part include assignments that involve the seizure and taking into custody of any animal. C. "City" shall mean the City of Tukwila. D. "County" or "King County" shall mean Metropolitan King County. E. "Dangerous dog" means any dog that: 1. Bites or inflicts severe injury on a human being or a domestic animal without provocation on public or private property; or 2. In an aggressive manner, inflicts severe injury or kills a domestic animal or other animal protected under Federal, State or local laws, without provocation while off the owner's property; or 3. Has been previously found to be potentially dangerous, the owner having received notice of such, and the dog again aggressively bites, attacks or endangers the safety of humans or domestic animals. (For definition of "potentially dangerous dog," see Item subparagraph 1H.) F. "Owner" means any person, firm, corporation, organization or department having an interest in or right of possession to an animal, or having control, custody or possession of an animal, including possession by reason of the animal being seen residing consistently at a location. G. "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity. H. "Potentially dangerous dog" means any dog that, when unprovoked: 1. Chases, charges at, or tries to attack, causing a person to take defensive action in order to prevent bodily injury; or W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 41 of 52 43 2. Snaps, growls, snarls, jumps upon, or approaches a person in a menacing fashion or apparent attitude of attack or otherwise threatens persons lawfully using the public sidewalks, streets, alleys or other public ways, or public or private property other than the dog owner's property; or 3. With a known propensity, tendency or disposition to attack, unprovoked, to cause injury or otherwise threaten the safety of humans or domestic animals; or 4. Bites a domestic animal off the dog owner's property, causing the animal's skin to be broken. I. "Severe injury" means any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery. 7.16.020 Dangerous and Potentially Dangerous Dogs — Registration, Prohibitions, Etc. A. It is unlawful for an owner to have a dangerous dog or a potentially dangerous dog, as defined in TMC Section 7.16.010, in the City of the City and of the Animal Control Authorityexcept as explicitly authorized by this chapter. B. No potentially dangerous dog or dangerous dog shall go unrestricted upon the premises of the owner. Further, no potentially dangerous or dangerous dog shall be kept on a porch, patio or in any part of a house or structure that would allow such dog to exit the building on its own volition. C. All potentially dangerous and dangerous dogs shall be securely confined indoors or in a secure outdoor enclosure. Such an enclosure can be a pen, dog run, or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen, structure, or dog run shall have secure sides and a secure top. The sides of the enclosure shall not directly adjoin a neighboring property. If the pen, structure, or dog run area has no bottom secured to the sides, the sides shall be embedded not less than two feet into the ground. An enclosure with doors, windows, or other openings enclosed solely by wire or mesh screening shall not be considered a proper enclosure as defined in this section. D. No person owning or harboring, or having the care of, a potentially dangerous or dangerous dog shall suffer or permit such dog to go beyond the premises of such person, unless such dog is securely muzzled in a manner that will not cause injury to the dog but shall prevent it from biting any person or animal; and is restrained with a chain length, leash, rope or other device of sufficient strength to restrain the dog without causing injury to the dog. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs 44 Page 42 of 52 E. Any corrective actions available under King County Code Chapter 11.01 TMC Chapter 7.12 must be made as required by an animal control officer. F. No person shall own or possess with intent to sell, or offer for sale, breed, or buy or attempt to buy within the City any potentially dangerous or dangerous dog. G. No person shall own or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purposes of causing or encouraging said dog to unprovoked attacks upon human beings or domestic animals. 7.16.030 Additional Dangerous Dog Regulations Dangerous dogs that have been shown to be a particular threat to the health, safety, and welfare of the community may be subject to additional dangerous dog regulations as follows: 1. A dog that has been declared dangerous may be removed and destroyed if the release of the dog would create a significant threat to the health, safety, and welfare of the public. 2. If it is determined that a dangerous dog shall not be removed or destroyed, the animal control authority shall impose any additional conditions upon the ownership of the dog that protect the health, safety and welfare of the public. 3. The owner of a dangerous dog that is not removed and destroyed shall be required to have a surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a sum not less than $250,000 payable to a person injured by the dog; or a policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000, insuring the owner or keeper for personal injuries inflicted by the dangerous dog, with a certificate from the insurer providing for written notice to the City within 30 days of cancellation, reduction of limits, or termination of coverage. 4. A copy of the surety bond or liability insurance policy shall be provided to the City before the dangerous dog is returned to Tukwila to live. 7.16.040 Declaration of Dangerous and Potentially Dangerous Dogs A. Provision for declaring dangerous and potentially dangerous dogs. Based on an investigation, the animal control authority may find and declare a dog "potentially dangerous" or "dangerous" if it has probable cause to believe that the dog falls within the definitions set in TMC Section 7.16.010. For the purposes of this chapter, the determination of probable cause may include: W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 43 of 52 45 1. The written complaint of a citizen who is willing to testify that the dog has acted in a manner that causes it to fall within the definitions in TMC Section 7.16.010; or 2. Dog bite reports filed with the animal control authority; or 3. Actions of the dog witnessed by any animal control officer or law enforcement officer; or 4. A verified report that the dog previously has been found to be either potentially dangerous or dangerous by any animal control authority; or 5. Other substantial evidence admissible in a court of law. B. Exception. Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog, or in the past has been observed or reported to have tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime. C. Declaration, service to owner in writing. The declaration shall be in writing, and shall be served on the owner or keeper in one of the following methods: 1. Certified mail to the owner's or keeper's last known address; or 2. Personally delivered; 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 dog if said owner or person is not home; or 4. If the owner or keeper cannot be located by one of these methods, by publication in a newspaper of general circulation. The owner or keeper of any dog found to be a potentially dangerous or dangerous dog under this section under TMC Chapter 7.16 shall be assessed all actual service costs expended under this sub section. D. Declaration, information required. The declaration set forth in this section shall state at least: 1. A description of the dog; 2. The name and address of the owner or keeper of the dog, if known; 3. The whereabouts of the dog if it is not in the custody of the owner or keeper; W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs 46 Page 44 of 52 4. The facts upon which the declaration is based; 5. The availability of a hearing in case the person objects to the declaration, if a request is made within 14 days; 6. The restrictions placed on the dog as a result of the declaration; and 7. The penalties for violation of the restrictions, including the possibility of destruction of the dog, and imprisonment or fining of the owner or keeper. E. Declaration appeal procedure. If the owner or keeper of the dog wishes to contest the declaration, the following procedures shall apply: 1. The owner or keeper shall, within 14 days of receipt of the declaration, or within 14 days of the publication of the declaration, or within 14 days of the publication of the declaration pursuant to TMC Section 7.16.040(C), request a hearing from the Tukwila Hearing Examiner. Failing to exhaust this administrative appeal process shall be a bar to action in a court of law. Any appeal decision issued by the Tukwila Hearing Examiner can be appealed in Superior Court. 2. If the Tukwila Hearing Examiner finds there is insufficient evidence to support the declaration, it shall be rescinded and the restrictions imposed thereby vacated. 3. If the Tukwila Hearing Examiner finds sufficient evidence to support the declaration, then it shall be affirmed. 4. If the Tukwila Hearing Examiner finds that the dog is not a potentially dangerous or dangerous dog, no costs shall be assessed against the City or the animal control authority or officer. 7.16.050 Violations — Penalty Any dangerous dog shall be immediately confiscated by Tthe animal control authority may take any lawful action necessary to confiscate any dangerous dog if the dog is not maintained in a secure enclosure, or if the dog is allowed to go beyond the owner's premises without leash, chain, rope or other device of sufficient strength to restrain the dog without causing injury to the dog, or muzzle, if required, restraints or either if a required surety bond or liability insurance of $250,000 is not valid. The owner must pay the costs of confinement and control. The animal control authority must serve notice upon the dog owner in person, to the owner's residence, or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the cost of confinement and control, and that the dog will be destroyed by animal control in an expeditious and humane W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 45 of 52 47 manner if the deficiencies for which the dog was confiscated are not corrected within 20 days. In addition, the owner shall be guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021. Section 6. Regulations Established. TMC Chapter 7.18, "Guard Dogs," is hereby established to read as follows: Sections: 7.18.010 7.18.020 7.18.030 7.18.040 7.18.050 7.18.060 7.18.070 7.18.080 7.18.090 7.18.100 7.18.110 7.18.010 Intent CHAPTER 7.18 GUARD DOGS Intent Definitions Guard dog purveyor — license — fees Guard dog purveyor — license — application Guard dog trainer — license required — fee Guard dog trainer — license — application Guard dog — registration Guard dog — registration — application Inspections Enforcement authorization Limitations It is the intent of the Tukwila City Council to set reasonable requirements 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 City Council finds such regulation is necessary to preserve the public 'peace and safety and to ensure the humane treatment of said animals. 7.18.020 Definitions The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. A. "Animal care and control authority" means the King County Regional Animal Services in the King County Records and Licensing Services Division, acting alone or in concert with other municipalities in the enforcement of the animal care and control laws of the county and state. B. "Director" means director of the King County Department of Executive Services. C. "Guard dog" means any member of the dog family Canidae that has been trained or represented as trained to protect either person or property, or both, by virtue of exhibiting hostile propensities and aggressiveness to unauthorized persons. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs 48 Page 46 of 52 D. "Guard dog purveyor" means any person, firm or corporation supplying guard dogs to members of the public. E. "Guard dog trainer" means any person, either as an individual or as an employee of a guard dog purveyor, whose prime function is the training of dogs as guard dogs. F. "Rules and regulations of the Regional Animal Services Section" means such rules and regulations, consistent with the intent of this chapter, as may be adopted by the Regional Animal Services Section under King County Code Chapter 2.98. 7.18.030 Guard dog purveyor — license — fee A. It is unlawful for any person, firm or corporation to supply guard dogs to the public without a valid license to do so issued to the person, firm or corporation by the animal care and control authority. Only a person who complies with this chapter and such rules and regulations of the animal care and control authority as may be adopted in accordance with this chapter shall be entitled to receive and retain such a license. Licenses shall not be transferable and shall be valid only for the person and place for which issued. The licenses shall be valid for one year from issue. B. The fee for the license shall be $250 per year, but if the guard dog purveyor is in possession of a valid animal shelter, kennel and pet shop license, the fee for the guard dog purveyor license shall be reduced by the amount of the animal shelter, kennel and pet shop license. 7.18.040 Guard dog purveyor — license — application Any person desiring to supply guard dogs to the public shall make written application for a license on a form to be provided by the animal care and control authority. The application shall be filed with the animal care and control authority and shall include the following: 1. A legal description of the premises or the business address of the office from which the applicant desires to supply guard dogs; 2. A statement of whether the applicant owns or rents the premises to be used for the purpose of purveying guard dogs. If the applicant rents the premises, the application shall be accompanied by a written statement of acknowledgment by the property owner that the applicant has the property owner's permission to purvey guard dogs on the premises for the duration of the license; and 3. A written acknowledgment by the applicant that before the actual commercial sale or purveyance of any and all guard dogs the licensee shall coordinate with the animal care and control authority in properly marking the guard dog and in notifying all customers of the guard dog purveyor that the customer is required to register the guard dog and pay the appropriate registration fee to King County before the animal performs guard dog functions. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 47 of 52 49 7.18.050 Guard dog trainer — license required — fee A. It is unlawful for anyone to engage in the training of dogs as guard dogs without a valid license to do so issued to the person by the animal care and control authority. Only a person who complies with this chapter and the rules and regulations of the animal care and control authority shall be entitled to receive and retain such a license. Licenses shall not be transferable and shall be valid only for the person for which they were issued. Licenses shall be valid for one year from issue. B. The cost of the license to each guard dog trainer shall be $50 per year. 7.18.060 Guard dog trainer — license — application Any person desiring to train dogs as guard dogs shall make written application for a license on a form to be provided by the animal care and control authority. All such applications shall be filed with the animal care and control authority and shall contain the following: 1. A legal description or business address of the premises at which the applicant desires to train the guard dogs; 2. A statement of whether the applicant is self - employed or a member of a business, firm, corporation or organization that trains guard dogs. If the applicant is a member of such a business, firm, corporation or organization, the applicant shall state the name of the entity and shall provide the name of the major executive officer of the entity; and 3. 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 from the property owner that the applicant has the owner's permission to carry on the activity of guard dog training at the location for the duration of the license. 7.18.070 Guard dog — registration All persons using dogs as guard dogs shall register the dogs with the animal care and control authority. The cost of the registration shall be as provided in TMC Section 7.12.035. The registration shall be valid for one year from date of issue. All registrations shall be affixed on the guard dog in such a manner so as to be readily identifiable. 7.18.080 Guard dog - registration — application Any person desiring to use a guard dog shall register the dog with the animal care and control authority and the registration shall be accompanied by the following information: W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs 50 Page 48 of 52 1. A legal description or business address of the premises that the applicant desires to employ a registered guard dog to prevent unauthorized intrusion. 2. A statement whether the applicant owns or rents the premises to be guarded. If the applicant rents the premises, the application must be accompanied by a written statement of acknowledgment from the property owner that the applicant has the owner's permission to use a guard dog on the premises to prevent unauthorized intrusion for the duration of the registration. 3. A description of the guard dog for purposes of identification. 4. Acknowledgment by the applicant of whether the guard dog has been trained as a guard dog to exhibit hostile propensities. 5. Acknowledgment by the applicant that the premises to be guarded has devices, such as fencing, to prevent general access by the public during those times the guard dog is used for purposes of protecting the premises and persons from unauthorized intrusion. The acknowledgment shall contain a statement that the premises is properly signed to forewarn the public of the presence of a guard dog. 6. Acknowledgment by the applicant that the guard dog will be maintained in such a manner as to ensure the safety of the public and the welfare of the animal. 7.18.090 Inspections The manager of the Regional Animal Services Section or the manager's authorized representative shall inspect all premises that are the subject of the licenses and registrations required in this chapter before the issuance of licenses or registrations. The inspections shall include, but not be limited to, a verification that adequate measures are being taken to protect the health, welfare and safety of the general public and to ensure the humane treatment of the guard dogs. If the premises are deemed inadequate, the Regional Animal Services Section shall direct the applicant to make such changes as are necessary before the license or registration is issued. The manager of the Regional Animal Services Section or the manager's authorized representative may make the inspections of a licensee's premises or the premises of an area guarded by a registered guard dog for the purpose of enforcing this chapter and the rules and regulations of the Regional Animal Services Section. 7.18.100 Enforcement authorization In protecting the health, safety and welfare of the public; to enforce the laws of the State of Washington as they pertain to animal cruelty, shelter, welfare and enforcement of control, the manager of the Regional Animal Services Section and the manager's authorized officers are authorized to take such lawful action in exercising appropriate powers and responsibilities in TMC Chapter 7.12. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 49 of 52 51 7.18.110 Limitations The provisions of this chapter shall not apply to any facility possessing or maintaining dogs or guard dogs as defined in this chapter that is owned, and operated or maintained by any city, county, state or the federal government; provided, private parties renting or leasing public facilities for commercial purposes as specified in this chapter shall not be exempt. Section 7. TMC Chapter 7.20 Reenacted. Tukwila Municipal Code (TMC) Chapter 7.20 is hereby reenacted to read as follows: CHAPTER 7.20 DOGS AT LARGE AND LEASHES Sections: 7.20.010 Definitions 7.20.020 Dogs at Large — Requirement of a Leash or Chain 7.20.030 Penalties 7.20.010 Definitions A. "City" shall mean the City of Tukwila. B. "Owner" means any person, firm, corporation, organization or department having an interest in or right of possession to an animal, or having control, custody or possession of an animal, including possession by reason of the animal being seen residing consistently at a location. C. "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity. 7.20.020 Dogs at Large — Requirement of a Leash or Chain It shall be a violation of this chapter for any owner or custodian to cause, permit or allow any dog owned, harbored, controlled or kept by him /her in the City to roam, run or stray away from the premises where the dog is owned, harbored, controlled or kept; except that, while away from the premises, the dog shall at all times be controlled by the owner or some duly authorized and competent person by means of a leash or chain not exceeding eight feet in length, or signal control, provided that such leash, or chain, or signal control is not required for any dog when otherwise safely and securely confined or completely controlled while in or upon any vehicle. Any law enforcement officer shall have the authority to issue civil infractions under this provision. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs 52 Page 50 of 52 7.20.030 Penalties A. Violation, civil penalty. In addition to any other penalty provided in this title or by law, any person whose dog is maintained in violation of this title shall incur a civil penalty plus billable costs of the animal control authority. The penalty shall be $50 for the first notice of violation, $75 for the second violation in any one -year period, and $200 for each successive violation. B. Civil penalty, collection. The civil penalty described in TMC Section 7.20.030(A) is the personal obligation of the dog owner. The animal control authority, on behalf of King County, and the City Attorney, on behalf of the City, may collect the civil penalty by use of all appropriate legal remedies. C. Cost of enforcement, collection. In addition to the costs and disbursements provided for by statute, the prevailing party in a collective action under this chapter may, in the court's discretion, be allowed interest and a reasonable attorney's fee. The City I Attorney is authorized to shall seek such costs, interest, and reasonable attorney's fees on behalf of the City or County when the City is the prevailing party. Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 9. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any -reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 10. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. W: Word Processing \OrdinancesWnimal Care and Control strike -thru 12 -1 -14 AMS:bjs Page 51 of 52 53 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel Turpin, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -1 -14 AMS:bjs 54 Page 52 of 52 TITLE 7 ANIMALS Chapters: 7.04 ance No. 2306, July 2010 7.08 Livestock, Small Animals and Fowl 7.12 Animal Care and Control 7.16 Dangerous Dogs 7.20 Dogs at Large and Leashes Repealed by Ordin- Produced by the City of Tukwila, City Clerk's Office TUKWILA MUNICIPAL CODE CHAPTER 7.04 ANIMAL LICENSING AND REGULATIONS Sections: 7.04.010 Animal Licensing and Regulations This Chapter was repealed by Ordinance No. 2306 July 2010. Page 7 -2 56 Produced by the City of Tukwila, City Clerk's Office TITLE 7 — ANIMALS CHAPTER 7.08 LIVESTOCK, SMALL ANIMALS AND FOWL Sections: 7.08.010 7.08.020 7.08.030 7.08.040 7.08.050 7.08.060 7.08.070 7.08.080 7.08.090 7.08.100 7.08.110 7.08.120 7.08.130 7.08.140 7.08.150 7.08.160 7.08.180 Chapter compliance required Livestock defined Small animals and fowl defined Animals kept as pets Roosters prohibited Enclosure construction Number of livestock allowed Maintaining horses, cattle, sheep and goats within City limits Maintaining swine within city limits Minimum area for keeping animals Number of animals per property area size Distance from human habitation One building per site for housing Nuisance prohibited Manure removal Enforcement Exemptions 7.08.010 Chapter compliance required It is unlawful for any person, persons, firm or corporation to keep or maintain livestock, small animals or fowl within the City limits, except as provided in this chapter. (Ord. 232 §1, 1956) 7.08.020 Livestock defined "Livestock," where used in this chapter, means and in- cludes horses, cattle, sheep, goats and swine. (Ord. 232 §2, 1956) 7.08.030 Small animals and fowl defined "Small animals and fowl," where used in this chapter means and includes rabbits, chinchillas, chickens, geese, ducks, turkeys and pigeons. (Ord. 2351 §1, 2011; Ord. 232 §3(part), 1956) 7.08.040 Animals kept as pets Dogs, cats, guinea pigs, hamsters, ferrets, fish, parrots, parakeets and similar animals kept as household pets within a dwelling unit will not be subject to the limitations of this chap- ter. Dogs and cats are regulated by TMC Section 7.12. (Ord. 2351 §2, 2011; Ord. 232 §3(a), 1956) 7.08.050 Roosters prohibited The keeping of roosters within the City limits is prohibited. (Ord. 2351 §3, 2011; Ord. 232 §3(b), 1956) 7.08.060 Enclosure construction All livestock, small animals and fowl shall be kept within an enclosure adequately built and maintained to prevent the livestock, small animals and fowl from breaking through, out, over or under the same. All pens, coops, hutches and housing of any kind used for the housing of livestock, small animals and fowl must be built to include siding or shakes or their equivalent, and must be painted or stained to appear present- able. (Ord. 232 §4, 1956) 7.08.070 Number of livestock allowed The number of horses, cows or cattle, sheep, goats or swine allowed on any given piece or parcel of property shall be regulated by the duly appointed Code Enforcement Officer of the City. (Ord. 2351 §4, 2011; Ord, 232 §5, 1956) 7.08.080 Maintaining horses, cattle, sheep and goats within City limits All livestock, except swine, may be kept or maintained within the city limits, provided they are kept not less than 100 feet from the nearest residence. (Ord. 232 §6, 1956) 7.08.090 Maintaining swine within City limits Swine may be kept or maintained within the City limits provided they are kept within an enclosure as herein de- scribed, the outside limits of which shall be not less than 200 feet from the nearest residence. (Ord. 232 §7, 1956) 7.08.100 Minimum area for keeping animals With the exception of chickens, no livestock, small animals or fowl shall be kept on any property within the City limits where the parcel does not contain a minimum of 10,000 square feet of area. Chickens may be kept as an accessory to any legal use regardless of the area of the parcel. (Ord. 2351 §5, 2011; Ord. 232 §8, 1956) 7.08.110 Number of animals per property area size Small animals and fowl shall be permitted in numbers as follows: 1. Twelve rabbits, twelve chinchillas, twelve pigeons or any combination of rabbits, chinchillas or pigeons, not to exceed a total of twelve collectively, for 10,000 square feet of property. 2. The number of rabbits, chinchillas or pigeons may be increased by 1 /10th for each additional 1,000 square feet of property. 3. Six geese, six ducks, six turkeys or any combina- tion of geese, ducks or turkeys, not to exceed a total of six collectively for 10,000 square feet of property. Produced by the City of Tukwila, City Clerk's Office Page 7 -3 57 TUKWILA MUNICIPAL CODE 4. The number of geese, ducks or turkeys may be increased 1 /10th for each additional 1,000 square feet of property. 5. One chicken per every 1,000 square feet of property. 6. At no time shall the total number of small animals or fowl exceed a total of twelve for each 10,000 square feet of property. (Ord. 2351 §6, 2011; Ord. 232 §9, 1956) 7.08.120 Distance from human habitation Enclosures for the housing of small animals and fowl shall be built and located not less than 10 feet from any place of human habitation and property line. The roaming area for the small animals and fowl shall be fenced and located not less than 10 feet from any adjacent place of human habitation. (Ord. 2351 §7, 2011; Ord. 232 §10, 1956) 7.08.130 One building per site for housing Not more than one building for the housing of livestock, small animals or fowl shall be allowed in any one building site. (Ord. 232 §11, 1956) 7.08.140 Nuisance prohibited No livestock, small animals or fowl shall be kept in such a manner that a condition resulting from same shall constitute a nuisance. (Ord. 232 §12, 1956) 7.08.150 Manure removal A. All enclosures, confinement areas, and /or open run areas shall be kept clean. Provision shall be made for the removal of animal waste and food waste so that the areas are kept free from infestation of insects, rodents or disease, as well as to prevent obnoxious or foul odors. Animal waste shall be properly disposed of and any accumulated animal waste must not be stored within the parcel setback area. Any storage of animal waste must not constitute a nuisance. B. Manure shall not be allowed to collect in any place where it can prejudicially affect any source of drinking water. C. Manure, when used as a fertilizer, must be plowed or spaded under within 24 hours after application. (Ord. 2351 §8, 2011; Ord. 232 §13, 1956) 7.08.160 Enforcement The Code Enforcement Officer for the City shall be authorized to enforce this chapter, unless otherwise provided. (Ord. 2351 §9, 2011; Ord. 232 §14, 1956) 7.08.180 Exemptions A. Residents may keep all animals legally owned and kept prior to the effective date of this ordinance, provided they do not constitute a nuisance. B. Any person, persons, firm or corporation who discontinues the keeping or reduces the number of livestock, small animals or fowl for a period of more than 90 days, or who sells or transfers his property, shall then become subject to all the provisions of this chapter. (Ord. 2351S10, 2011) Page 7 -4 58 Produced by the City of Tukwila, City Clerk's Office TITLE 7 — ANIMALS CHAPTER 7.12 ANIMAL CARE AND CONTROL Sections: 7.12.010 King County Code Title 11, Animal Care and Control Chapter Incorporated 7.12.010 King County Code Title 11, Animal Care and Control incorporated as TMC Section 7.12.010. King County Code (KCC) Title 11, entitled "Animal Care and Control" is hereby codified as follows: KCC 11.02 Regional Animal Services Section KCC 11.02.010 Established. There is established a regional animal services section in the records and licensing services division. The regional ani- mal services section is by this chapter designated the agency authorized to provide animal care services and enforce animal control laws. KCC 11.02.020 Manager - established - compensation, There is established within the regional animal services section the position of manager of the regional animal services section, to be compensated at a rate established in accor- dance with county personnel policies. KCC 11.02.030 Agreements - authorization. The county executive is authorized to enter into agree- ment with any or all other municipal corporations in King Coun- ty for the licensing and enforcement of local municipal ordin- ances relating to animal care and control, and with other legal entities for the purpose of dead animal disposal. KCC 11.02.040 Agreements - concessions - revenue for regional animal services. The director of the department of executive services is au- thorized to enter into concession agreements with vendors to sell animal - related products and services at the King County animal shelter and at other county facilities and events. The revenue from these concession agreements shall be applied solely to regional animal services. KCC 11.02.050 Agreements - advertising, sponsorship, naming rights - for regional animal services programs - restrictions. A. The director of the department of executive services may negotiate and enter into advertising, sponsorship and naming rights agreements for the purpose of providing finan- cial support for regional animal services programs. Advertising shall be restricted to commercial speech. B. Advertisers and sponsors shall abide by the nondi- scrimination requirements of K.C.C. Title 12. Furthermore, an advertising, sponsorship or naming rights agreement may not result in advertisement of spirits or tobacco products in viola- tion of K.C.C. chapter 12.51. C. The director may impose additional subject- matter re- strictions on advertising, sponsorship and naming rights agreements consistent with applicable law. D. Revenue generated from advertising, sponsorships and naming rights agreements entered into under this section shall be applied solely to regional animal services. KCC 11.04 Animal Care and Control Regulations KCC 11.04.010 Purpose and scope - conflicts. A. It is declared the public policy of the county to secure and maintain such levels of animal care and control as will protect animal and human health and safety, and to the great- est degree practicable to prevent injury to property and cruelty to animal life. To this end, it is the purpose of this chapter to provide a means of caring for animals, licensing dogs, cats, hobby catteries, hobby kennels and related facilities and con- trolling errant animal behavior so that it shall not become a public nuisance and to prevent cruelty to animals. B. If there is a conflict between a provision of this chapter and a provision in K.C.C. Title 21A, the provision in K.C.C. Title 21A shall control. KCC 11.04.020 Definitions. In construing this chapter, except where otherwise plainly declared or clearly apparent from the context, words shall be given their common and ordinary meaning. In addition, the following definitions apply to this chapter: A. "Abate" means to terminate any violation by reasona- ble and lawful means determined by the manager of the re- gional animal services section in order that an owner or a per- son presumed to be the owner shall comply with this chapter. B. "Altered" means spayed or neutered. C. "Animal" means any living creature except Homo sa- piens, insects and worms. D, "Animal care and control authority" means the region- al animal services section of the records and licensing services division, acting alone or in concert with other municipalities for enforcement of the animal care and control laws of the county and state and the shelter and welfare of animals. E. "Animal care and control officer" means any individual employed, contracted or appointed by the animal care and control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the care and licensing 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 du- ties in whole or in part include assignments that involve the seizure and taking into custody of any animal. F. "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 is at least six months old. G. "Domesticated animal" means a domestic beast, such as any dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep, hog or other animal made to be domestic. Produced by the City of Tukwila, City Clerk's Office Page 7 -5 59 TUKWILA MUNICIPAL CODE H. "Euthanasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that causes painless loss of consciousness and death during the loss of consciousness. I. "Fostering" means obtaining unwanted dogs or cats and locating adoptive homes for those licensed and spayed or neutered dogs or cats. J. "Grooming service" means any place or establish- ment, public or private, where animals are bathed, clipped or combed for the purpose of enhancing either their aesthetic value or health, or both, and for which a fee is charged. K. "Harbored, kept or maintained" means performing any of the acts of providing care, shelter, protection, refuge, food or nourishment in such a manner as to control the animal's ac- tions, or that the animal or animals are treated as living at one's house by the homeowner. L. "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 en- joyment of the species. However, a combination hobby cat - tery/kennel license may be issued where the total number of cats and dogs exceeds the number otherwise allowed in K.C.C. Title 21A. M. "Hobby kennel" means a noncommercial kennel at or adjoining a private residence where four or more adult dogs are bred or kept for any combination of hunting, training and exhibition for organized shows, for field, working or obedience trials or for the enjoyment of the species. However, a combi- nation hobby cattery /kennel license may be issued where the total number of cats and dogs exceeds the number otherwise allowed in K.C.C. Title 21A. N. "Juvenile" means any dog or cat, altered or unaltered, that is under six months old. 0. "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 is at least six months old. P. "Livestock" has the same meaning as in K.C.C. 21A.06.695. Q. "Owner" means any person having an interest in or right of possession to an animal. "Owner" also means any person having control, custody or possession of any animal, or by reason of the animal being seen residing consistently at a location, to an extent such that the person could be presumed to be the owner. R. "Pack" means a group of two or more animals 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 can- not readily be ascertained and when the animals are not re- strained or controlled. S. "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity. T. "Pet" means a dog or a cat or any other animal required to be licensed by this chapter. "Dog," "cat" and "pet" may be used interchangeably. U. "Pet shop" means any person, establishment, store or department of any store that acquires live animals, including birds, reptiles, fowl and fish, and sells or rents, or offers to sell or rent, the live animals to the public or to retail outlets. V. "Private animal placement permit" means a permit or permits issued to qualified persons engaged in fostering dogs and cats, to allow them to possess more dogs and cats than is otherwise specified in K.C.C. Title 21A. W. "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, verbal voice or signal control. X. "Service animal" means any animal that is trained or being trained to aid a person who is blind, hearing impaired or otherwise disabled and is used for that purpose and is regis- tered with a recognized service animal organization. Y. "Shelter" means a facility that is used to house or contain stray, homeless, abandoned or unwanted animals and that 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 organiza- tion or person devoted to the welfare, protection and humane treatment of animals. Z. "Special hobby kennel license" means a license is- sued under certain conditions to pet owners, 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 posses- sion until such time as the death or transfer of the animals re- duces the number they possess to the legal limit in K.C.C. Title 21A, the King County zoning code. AA. "Under control" means the animal is either under competent voice control or competent signal control, or both, so as to be restrained from approaching any bystander or oth- er animal and from causing or being the cause of physical property damage when off a leash or off the premises of the owner. BB. "Vicious" means having performed the act of, or having the propensity to do any act, endangering the safety of any person, animal or property of another, including, but not limited to, biting a human being or attacking a human being or domesticated animal without provocation. KCC 11.04.030 Pet licenses - required - issuance - penalty - fee use - improper checks - exceptions. A. All dogs and cats eight weeks old and older that are harbored, kept or maintained in King County shall be licensed and registered. Licenses shall be renewed on or before the date of expiration. Page 7 -6 60 Produced by the City of Tukwila, City Clerk's Office TITLE 7 — ANIMALS B. Upon application and the payment of a license fee made payable to the King County treasury according of he schedule provided in K.C.C. 11.04.035, pet licenses shall be issued by the regional animal services section and may be is- sued by shelters, veterinarians, pet shops, catteries and ken- nels and other approved locations, under contract with the county. 1. Pet licenses for dogs and cats shall be valid for a term of one year from issuance, expiring on the last day of the twelfth month. There is no proration of any license fees. Re- newal licenses shall retain the original expiration period whether renewed before, on or after their respective renewal months. 2. Juvenile licenses may be obtained in lieu of an unaltered pet license for pets from eight weeks to six months old. 3. King County residents sixty -five years old or old- er may purchase a discounted pet license for their cats or dogs that are neutered or spayed and that are maintained at the registered owner's registered address. Residents sixty -five years old or older who have previously obtained a special permanent license for their cats or dogs shall not be required to purchase a new license for the permanently licensed ani- mals 4. Disabled residents that meet the eligibility re- quirements of the Metro regional reduced fare permit program authorized in K.C.C. chapter 28.94 may purchase a discounted pet license for their cats or dogs that are neutered or spayed and that are maintained at the registered owner's registered address. 5. Applications for a pet license shall be on forms provided by the regional animal services section. 6. License tags shall be worn by dogs at all times. As an alternative to a license tag, a dog or cat may be identi- fied as licensed by being tattooed on its right ear or on its in- side right thigh or groin with a license number approved or issued by the regional animal services section. 7. Owners of dogs or cats who hold valid licenses from other jurisdictions and who move into King County may transfer the license by paying a transfer fee. The license shall maintain the original license's expiration date. 8. It is a violation of this chapter for any person to sell or transfer ownership of any pet without a pet license. The regional animal services section shall be notified of the name, address and telephone number of the new owner by the per- son who sold or transferred the pet. 9. An applicant may be denied the issuance or re- newal of a pet license, if the applicant was previously found in violation of the animal cruelty provisions of K.C.C. 11.04.250 or convicted of animal cruelty under RCW 16.52.205 or 16.52.207. a. An applicant may be denied the issuance or renewal of a pet license for up to: (1) four years, if found in violation of the an- imal cruelty provisions of K.C.C. 11.04.250 or convicted of a misdemeanor under RCW 16.52.207; or (2) indefinitely, if convicted of a felony under RCW 16.52.205. b. Any applicant who is either the subject of a notice and order under K.C.C. 11.04.250 or charged with ani- mal cruelty under RCW 16.52.205 or 16.52.207, may have the issuance or renewal of their pet license denied pending the final result of either the notice and order or charge. 10. The denial of the issuance or renewal of a pet li- cense is subject to appeal, in accordance with K.C.C. 11.04.270. 11. Cat or dog owners are subject to a penalty ac- cording to the schedule in K.C.C. 11.04.035 for failure to comply with the licensing requirement in subsection A. of this section. C. A late fee shall be charged on all pet license applica- tions, according to the schedule provided in K.C.C. 11.04.035. D. All fees and fines collected under this chapter shall be deposited in the general fund to be applied solely to regional animal services. The records and licensing services division is authorized to accept credit and bank card payments for fees and penalties imposed under this title, in accordance with K.C.C. chapter 4.100. E. It is a violation of this chapter for any person to kno- wingly issue a check for which funds are insufficient or to stop payment on any check written in payment of fees in this chap- ter. Any license or penalty paid for with those types of checks are, in the case of the license, invalid; and in the case of the penalty, still outstanding. Costs incurred by the county in col- lecting checks of this nature shall be considered a cost of ab- atement and are personal obligations of the animal owner un- der K.C.C. 11.04.300. F. Except for subsection G. [of this section], this section shall not apply to dogs or cats in the custody of a veterinarian or shelter or whose owners are nonresidents temporarily within the county for a period not exceeding thirty days. G. Veterinarians and shelters that sell or give away a dog or cat without a license shall make license application materials available to the new pet owner and shall provide the regional animal services section monthly with the list of list of information required by K.C.C. 11.04.070 for any dogs and cats given away or sold. KCC 11.04.033 Animal shelter, kennel, grooming service, cattery and pet shop - General licenses - Requirements. All hobby kennels and hobby catteries must be licensed by the regional animal services section. Licenses shall be valid for one year from the date of application. Fees shall be assessed as provided in K.C.C. 11.04.035. There is no proration of the license fee. Renewal licenses shall retain the original expiration date whether renewed on or after their respective renewal month. Issuance of a license under this section shall Produced by the City of Tukwila, City Clerk's Office Page 7 -7 61 TUKWILA MUNICIPAL CODE not excuse any requirement to obtain a private animal placement permit. KCC 11.04.035 License fees and penalties. License fees and penalties can be found at: http: / /www.kingcounty.gov /council /legislation /kc code.aspx KCC 11.04.050 Animal shelter cattery, pet shop, grooming service and kennel license - Information required. Shelters, catteries, pet shops, grooming services and kennels shall comply with the licensing requirements of the Seattle -King County department of public health. Subject to applicable restrictions in K.C.C. Title 21A, the facilities may board animals as authorized by their Seattle -King County de- partment of public health license. KCC 11.04.060 Hobby kennel or hobby cattery licenses - required - limitations - requirements - issuance and maintenance - special hobby kennel license. A. It is unlawful for any person to keep and maintain any hobby kennel or hobby cattery without a valid and subsisting license therefor. The fee for such an annual license shall be assessed upon the owner or keeper of the animals and shall be as provided in K.C.C. 11.04.035. In addition, each animal that is maintained at a hobby kennel or hobby cattery shall be licensed individually under K.C.C. 11.04.030.B. B. Any hobby kennel or hobby cattery license shall limit the total number of adult dogs and cats kept by the hobby ken- nel or hobby cattery based on: 1. Animal size; 2. Type and characteristics of the breed; 3. The amount of lot area, though the maximum number shall not exceed: a. twenty -five where the lot area contains five acres or more; b. ten where the lot area contains thirty -five thousand square feet but less than five acres; and c. five where the lot area is less than thirty -five thousand square feet; 4. The facility specifications and dimensions in which the dogs and cats are to be maintained; 5. The zoning classification in which the hobby ken- nel or hobby cattery would be maintained. C. The following are requirements for hobby kennels and hobby catteries: 1. All open run areas shall be completely surrounded by a six -foot fence set back at least twenty feet from all proper- ty lines, though this requirement may be modified for hobby catteries as long as the open run area contains the cats and prohibits the entrance of children. For purposes of this section, "open run area" means that area, within the property lines of the premises on which the hobby kennel or hobby cattery is to be maintained, where the dogs and cats are sheltered or main- tained. If there is no area set aside for sheltering or maintain- ing the dogs within the property lines of the premises the twen- ty foot setback does not apply. The property lines of premises not containing an open run area must be completely surrounded by a six -foot fence; 2. No commercial signs or other appearances adver- tising the hobby kennel or hobby cattery are permitted on the property except for the sale of the allowable offspring set forth in this section; 3. The manager of the regional animal services sec- tion may require setback, additional setback, fencing, screen- ing or soundproofing as the manager deems necessary to en- sure the compatibility of the hobby kennel or hobby cattery with the surrounding neighborhood. Factors to be considered in determining the compatibility are: a. statements regarding approval or disap- proval of surrounding neighbors relative to maintenance of a hobby kennel or hobby cattery at the address applied for; b. history of verified animal care and control complaints relating to the dogs and cats of the applicant at the address for which the hobby kennel or hobby cattery is applied for; c. facility specifications or dimensions in which the dogs and cats are to be maintained; d. animal size, type and characteristics of breed; and e. the zoning classification of the premises on which the hobby kennel or hobby cattery is maintained; 4. The hobby kennel or hobby cattery shall limit dog and cat reproduction to no more than one litter per license year per female dog and two litters per license year per female cat; and 5. Each dog and cat in the hobby kennel or hobby cattery shall have current and proper immunization from dis- ease according to the dog's and cat's species and age. The immunizations shall consist of distemper, hepatitis, leptospiro- sis, parainfluenza and parvo virus (DHLPP) inoculation for dogs over three months old and feline herpesvirus 1, calicivirus and panleukopenia virus (FVRCP) inoculation for cats over two months old and rabies inoculations for all dogs and cats over four months old. D. A hobby kennel or hobby cattery license may be is- sued only when the manager of the regional animal services section is satisfied that the requirements of K.C.C. 11.04.060C.1. through 5. have been met. The license may be terminated if the number of dogs and cats exceeds the number allowed by the regional animal services section or if the facility fails to comply with any of the requirements of K.C.C. 11.04.060 C.1. through 5. E.1. Persons owning a total number of dogs and cats ex- ceeding three, who do not meet the requirements for a hobby kennel license, may be eligible for a special hobby kennel li- cense to be issued at no cost by the regional animal services, which shall allow them to retain the specific animals then in their possession, but only if the following conditions are met: a. the applicant must apply for the special hob- by kennel license and individual licenses for each dog and cat Page 7 -8 62 Produced by the City of Tukwila, City Clerk's Office TITLE 7 — ANIMALS by July 6, 1992, or at the time they are contacted by an animal care and control officer, King County license inspector or King County pet license canvasser; and b. the applicant is keeping the dogs and cats for the enjoyment of the species, and not as a commercial en- terprise. 2. The special hobby kennel license shall only be valid for those specific dogs and cats in the possession of the appli- cant at the time of issuance, and is intended to allow pet own- ers to possess animals beyond the limits otherwise imposed by K.C.C. Title 21A until such a time as the death or transfer of the animals reduces the number possessed to the legal limit set forth in K.C.C. Title 21A. 3. The manager of the regional animal services section may deny any application for a special hobby kennel license: a. based on past Animal Care and Control Code violations by the applicant's dogs and cats or verified complaints from neighbors regarding the applicant's dogs and cats; or b. if the animal or animals are maintained in inhumane conditions. F. The manager of the regional animal services section may authorize hobby kennels, hobby catteries and special hobby kennels to exceed the maximum number of dogs and cats otherwise allowed under this section where necessary to address an emergency proclaimed by the executive in accordance with K.C.C. 12.52.030. KCC 11.04.070 Animal shelters, kennels, hobby kennels, catteries, hobby catteries or pet shops - reporting required. Each animal shelter, kennel, hobby kennel, cattery, hobby cattery or pet shop shall provide the regional animal services section with a monthly list of all dogs and cats that it has given away or sold. The list shall include the origin, age, sex, color, breed, altered status and, if applicable, microchip number and license number of each dog or cat given away or sold and the new owner's name, address and, if available, email address and telephone number. KCC 11.04.080 Animal shelters, kennels, catteries, grooming service or pet shops - inspections - unsanitary conditions unlawful. A. It shall be the duty of the director of the Seattle -King County department of public health or the director's agent or the manager of the regional animal services section or the manager's agent to make or cause to be made such an inspection as may be necessary to determine compliance with K.C.C. 11.04.090, 11.04.100 and 11.04.110. The owner or keeper of an animal shelter, kennel, cattery, grooming service or pet shop shall admit to the premises, for the purpose of making an inspection, any officer, agent or employee of the Seattle -King County department of public health or animal care and control authority at any reasonable time that admission is requested. B. It is unlawful to keep, use or maintain within King County 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 or safety and not in compliance with K.C.C. 11.04.070, 11.04.090, 11.04.100 or 11.04.110. KCC 11.04.090 Animal shelters, kennels, grooming services, catteries and pet shops - Conditions. Animal shelters, kennels, catteries, grooming services and pet shops shall meet the following conditions: A. Housing facilities shall be provided the animals and such shall be structurally sound and shall be maintained in good repair; shall be designed so as to protect 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 city, county, and state electrical codes adequate to supply lighting and heating 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. Suitable food and bedding shall be provided and stored in facilities adequate to provide protection against infes- tation or contamination by insects or rodents. Refrigeration shall be provided for the protection of perishable foods. D. Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, and de- bris. Disposal facilities shall be maintained in a sanitary condi- tion, 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, with hot and cold water, must be conveniently available for cleaning purposes, and a large sink or tub provided for the purpose of washing utensils, equipment and facilities. F. Sick animals shall be separated from those appearing healthy and normal and, if for sale, shall be removed from dis- play and sale. Sick animals shall be kept in isolation quarters with adequate ventilation to keep from contaminating well ani- mals. G. There shall be an employee on duty at all times dur- ing 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. H. 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. I. No person, persons, association, firm or corporation shall knowingly sell a sick or injured animal or bird. J. No person, persons, association, firm or corporation shall misrepresent an animal or bird to a consumer in any way. KCC 11.04.100 Animal shelters, kennels, catteries, grooming services and pet shops - Indoor facilities. Animal shelters, kennels and pet shops which have indoor housing facilities for animals and birds shall: A. Be sufficiently heated or cooled to protect such ani- mals from temperatures to which they are not normally accli- matized; Produced by the City of Tukwila, City Clerk's Office Page 7 -9 63 TUKWILA MUNICIPAL CODE B. Be adequately ventilated to provide for the health of animals contained therein and to assist in the removal of foul and obnoxious odors. Provision shall be made so that the volume of air within any enclosed indoor facility shall be changed three times or more each hour. This may be accom- plished through the location and periodic opening of doors and windows. If fans or ventilating equipment are used, they shall be constructed in conformance with current standards of good engineering practice with respect to noise and minimization of drafts; C. Have sufficient natural or artificial lighting to permit rou- tine inspection and cleaning at any time of day. In addition, suf- ficient natural or artificial lighting shall be supplied in the area of sinks and toilets to provide for the hygiene of animal caretakers; D. Have interior wall and ceiling surfaces constructed of materials which are resistant to the absorption of moisture and odors, or such surfaces shall be treated with a sealant or with paint, when such materials are not originally resistant to mois- ture or odors. Floor surfaces shall not be made of unsealed wood. In addition, interior walls shall be constructed so that the interface with floor surfaces is sealed from the flow or accumula- tion of moisture or debris; E. 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 county and shall be designed to rapidly remove water and excreta in the cleaning of such indoor housing facility under any condition of weather 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 sanitary condition and a safe and effective disinfectant shall be used in the cleaning of such facilities. KCC 11.04.110 Animal shelters, kennels, catteries and pet shops - Outdoor facilities. Animal shelters, kennels, catte- ries and pet shops which have outdoor facilities for animals and birds shall: A Be constructed to provide shelter from excessive sun- light, rain, snow, wind, or other elements. In addition, such facilities shall be constructed to provide sufficient space for the proper exercise and movement of each animal contained therein; B. Be constructed to provide drainage and to prevent the accumulation of water, mud, debris, excreta, or other materials and shall be designed to facilitate the removal of animal and food wastes; C. Be constructed with adequate walls or fences to contain the animals kept therein and to prevent entrance of other animals. KCC 11.04.130 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 prov- ince 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 readily be 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 twenty -four inches by eighteen inches by twelve inches); I. Toilet and hand - washing facilities with hot and cold running water must be conveniently available for personnel employed; J. Only equipment necessary to the operation of the li- censed 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. KCC 11.04.140 Animal shelters, hobby kennels, kennels, pet shops, grooming parlors, guard dog purveyors, guard dog trainers and guard dog purveyors, guard dog trainers and guard dog owners - additional conditions. The manager of the regional animal services section 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, hobby catteries, catteries, pet shops and grooming parlors, guard dog purveyors, guard dog trainers and guard dog owners. The rules and regulations may be enacted only after a public hearing has been held regarding the rules and regulations. Enforcement of these rules and regulations may be appealed to the county board of appeals. KCC 11.04.150 Licenses, registration - revocation, suspension or refusal to renew. The regional animal services section may, in addition to other penalties provided in this title, revoke, suspend or refuse to renew any hobby kennel, hobby cattery, guard dog purveyor, guard dog trainer license or guard dog registration upon good cause or for failure to comply with any provision of this title. Enforcement of such a revocation, suspension or refusal shall be stayed during the pendency of an appeal filed in accordance with K.C.C. 11.04.260. KCC 11.04.160 Licenses, registration - revocation or refusal waiting period. If an applicant has had a license or registration revoked or a renewal refused, the applicant shall Page 7 -10 64 Produced by the City of Tukwila, City Clerk's Office TITLE 7 — ANIMALS not be issued a hobby kennel license, hobby cattery license, guard dog purveyor license, guard dog trainer license or guard dog registration for one year after the revocation and refusal. KCC 11.04.165 Individual private animal placement permit - required - qualifications - limitations - inspection, denial and revocation. A. Any person independently engaged in the fostering of dogs and cats who routinely possesses more dogs and cats than are otherwise allowed in K.C.C. Title 21A must obtain a private animal placement permit from the regional animal services section. Permits shall be valid for one year from issuance and may not be transferred. B. In order to qualify for a private animal placement permit, an applicant must: 1. Maintain and care for dogs and cats in a humane and sanitary fashion, in compliance with K.C.C. 11.04.090. 2. Foster the dogs and cats at a location that is compatible with the surrounding neighborhood. 3. Agree to return stray or lost animals to their own- ers in accordance with K.C.C. 11.04.210 before placing the animals in an adoptive home. 4. Agree to spay or neuter and license each dog or cat before placement into its new home and transfer the li- cense of each animal to its adoptive owner. 5. Agree to coordinate their adoption process with the regional animal services section, including reporting on the disposition of each animal, and only adopting to owners who would qualify to adopt an animal from a King County animal care and control shelter based on the adoption procedures and guidelines used by the regional animal services section. C. Individuals or organizations holding a private animal placement permit shall be allowed to possess five foster ani- mals above the limit that would normally apply to their property under K.C.C. Title 21A. Permit holders are required to locate an adoptive home for each dog or cat within six months of ac- quiring the dog or cat. If, after six months, an adoptive home has not been found for a dog or cat, the regional animal ser- vices section shall review the situation to determine if the per- mit holder is complying with the permit. If the manager of the regional animal services section ascertains that a good faith effort is being made to locate adoptive homes, a six -month extension may be granted. The presence of juvenile animals shall not necessarily place a permit holder over their limit un- less the manager of the regional animal services section de- termines that juvenile animals are present in such large num- bers as to otherwise place the permit holder out of compliance with the permit. Holders of hobby kennel licenses shall be allowed to possess and foster five more animals than are al- lowed by the conditions of a hobby kennel permit. D. The regional animal services may inspect the facilities of an applicant for a private animal placement permit to deter- mine whether or not such a permit shall be issued. In addition, the regional animal services may periodically inspect the facili- ties of holders of private animal placement permits to ensure compliance with this section. The regional animal services may also deny or revoke permits based on any one or more of the following: 1. A failure to meet the qualifications listed in sub- sections A. through C. of this section; 2. Verified animal care and control complaints; and 3. Verified complaints by neighbors regarding the failure to comply with private animal placement permit re- quirements. KCC 11.04.167 Organizational private animal placement permit - required - qualifications - limitations - inspection, denial and revocation. A. Any organization engaged in the fostering of dogs and cats whose members routinely or from time to time have in their possession up to five more dogs and cats than are other- wise allowed in K.C.C. Title 21A must obtain private animal placement permits from the regional animal services section for each of those members. Organizations may purchase up to five permits, or up to twenty permits per year. However, the manager of the regional animal services section may issue more than twenty permits to an organization when to do so would further the goals of the regional animal services section and be in the public interest. Permits shall be valid for one year from issuance and may be transferred between members of the organization. B. In order to qualify to distribute private animal place- ment permits to its members an organization must: 1. Be of a reputable nature and engaged in the fos- tering of animals solely for the benefit of the animals involved, and not as a commercial enterprise; 2. Agree to furnish animal care and control with the names, addresses and phone numbers of each of the holders of its permits, including immediately furnishing this information when a transfer takes place; and 3. Agree that, to the best of their ability, they shall only distribute permits to individuals who shall comply with the re- quirements of K.C.C. 11.04.165. KCC 11.04.170 Enforcement power. A. The manager of the regional animal services section and the animal care and control officers are authorized to take such lawful action as may be required to enforce this chapter, Ordinance 10870, as amended, and K.C.C. Title 21A, as they pertain to the keeping of animals, and the laws of the state of Washington as the laws pertain to animal cruelty, shelter, wel- fare and enforcement of control. B. The manager of the regional animal services section or animal care and control officers shall not enter a building designated for and used for private purposes, unless a proper warrant has first been issued upon a showing that the officer has reasonable cause to believe an animal is being maintained in the building in violation of this chapter. C. The manager of the regional animal services section and animal care and control officers, while pursuing or observ- ing any animal in violation of this chapter, may enter upon any Produced by the City of Tukwila, City Clerk's Office Page 7 -11 65 TUKWILA MUNICIPAL CODE public or private property, except any building designated for and used for private purposes, for the purpose of abating the animal violation being pursued or observed. D. No person shall deny, prevent, obstruct or attempt to deny, prevent or obstruct an animal care and control officer from pursuing any animal observed to be in violation of this chapter. Further, no person shall fail or neglect, after a proper warrant has been presented, to promptly permit the manager of the regional animal services section or an animal care and control officer to enter private property to perform any duty imposed by this chapter. Any person violating this subsection is guilty of a misdemeanor. KCC 11.04.180 Violations - deemed nuisance - abatement. All violations of this chapter are detrimental to the public health, safety and welfare and are public nuisances. All condi- tions that are determined after review by the manager of the regional animal services section to be in violation of this chap- ter shall be abated. KCC 11.04.190 Violations - Misdemeanor - Penalty. Any person who allows an animal to be maintained in violation of this chapter is guilty of a misdemeanor punishable by fine of not more than two hundred fifty dollars and /or imprisonment for a term not to exceed ninety days. KCC 11.04.200 Violations - civil penalty. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person whose animal is maintained in violation of this chapter shall incur a civil penalty in an amount not to ex- ceed one thousand dollars per violation to be directly assessed by the manager of the animal care and control authority plus billable costs of the animal care and control authority. The manager, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penal- ty to the nature and type of violation; the gravity of the viola- tion; the number of past and present violations committed and the good faith of the violator in attempting to achieve com- pliance with prescribed requirements or after notification of a violation. All civil penalties assessed shall be enforced and collected in accordance with the procedure specified in this chapter. KCC 11.04.210 Impounding. A. The manager of the regional animal services section and the manager's authorized representatives may apprehend any animals found doing any of the acts defined as a public nuisance or being subjected to cruel treatment as defined by law. After the animal is apprehended, the regional animal ser- vices section shall ascertain whether the animal is licensed or otherwise identifiable. If reasonably possible, the regional an- imal services section shall return the animal to the owner to- gether with a notice of violation of this chapter. 1. If it is not reasonably possible to immediately re- turn a currently licensed animal to its owner, the regional ani- mal services section 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 in accordance with this chapter shall be held for the owner at least one hundred twenty hours, after telephone contact by the impounding agency or for at least two weeks after posting of the notification of impoundment by regu- lar mail. 2. Any other animal impounded in accordance with this chapter shall be held for its owner at least seventy -two hours from the time of impoundment. 3. Any animal suffering from serious injury or dis- ease may be euthanized. 4. At the discretion of the impounding authority, any animal may be held for a longer period than otherwise speci- fied in this section and redeemed by any person on payment of charges not exceeding those prescribed in this chapter. B. Any animal not redeemed shall be treated in one of the following ways: 1. Made available for adoption at the fee provided in K.C.C. 11.04.035. a. As provided in K.C.C. 11.04.400, all dogs and cats adopted from the King County animal shelter shall be spayed or neutered before adoption, except that, persons adopting a juvenile may elect not to spay or neuter the animal at the time of adoption if such persons purchase a juvenile license and pre - purchase an adult altered license, effective the month that the animal would become six months of age. Such persons shall also pay a spay or neuter deposit that shall be returned to the adopting person upon submission of proof that the sterilization was performed within six months from the adoption. Failure to spay or neuter such a dog or cat is a vi- olation of this chapter and a breach of the adoption contract and shall result in the forfeiture of the adoption and return of the dog or cat to King County animal care and control for the required spaying or neutering. Persons adopting a juvenile dog or cat that is spayed or neutered may purchase an adult altered license at the time of adoption, effective for one year. b. The manager of the regional animal servic- es section may adopt administrative rules regarding the adop- tion of animals from King County shelters; or 2. Transferred to another animal welfare organiza- tion for adoption; 3. Entered into foster care; or 4. Euthanized. C. The county shall not sell any animals for the purposes of medical research to any research institute or any other pur- chasers. D.1. Any unaltered dog or cat impounded more than once shall be spayed or neutered: a. by the regional animal services before the release of the dog or cat; or b. at the request of the owner, after re- lease of the dog or cat to the owner, but only if the owner agrees to pay a cash deposit of two hundred fifty dollars and provides proof of neutering or spaying on a form provided by Page 7 -12 66 Produced by the City of Tukwila, City Clerk's Office TITLE 7 — ANIMALS the county. In order for the deposit to be refunded to the own- er the form must be certified by a licensed veterinarian within ten days of release of the dog or cat to the owner. If proof of neutering or spaying is not provided within ten days, the re- gional animal services may again impound the dog or cat to verify that it is spayed or neutered. If the animal is not spayed or neutered, the regional animal services section may spay or neuter the animal before it is released to the owner. 2. If the dog or cat is spayed or neutered by the regional animal services section, the cost of the spay or neuter shall be charged to the owner upon redemption but shall be deducted from the impound and redemption fees otherwise required under this chapter. KCC 11.04.220 Additional enforcement. Notwithstanding the existence or use of any other remedy, the manager of the re- gional animal services section may seek legal or equitable relief to enjoin acts or practices and abate any conditions that constitute a violation of this chapter or other regulations adopted under this chapter. KCC 11.04.225 Additional enforcement - cruelty to animals. A. The manager of the animal care and control authority may prohibit a person who is issued a notice and order for violation of K.C.C. 11.04.250 or who is either charged or con- victed of animal cruelty under either RCW 16.52.205 or 16.52.207 from owning, harboring, keeping or maintaining any animal if the manager determines that the enforcement furth- ers the purposes of this chapter, in accordance with the follow- ing: a person may be prohibited from owning, harboring, keep- ing or maintaining any animal: 1. For up to four years, if the person is found in vi- olation of the animal cruelty provisions of K.C.C. 11.04.250 or convicted of a misdemeanor under RCW 16.52.207; 2. Indefinitely, if the person is convicted of a felony under RCW 16.52.205; or 3. Pending the final adjudication of either a notice and order issued under K.C.C. 11.04.250 or a charge under RCW 16.52.205 or 16.52.207. B. The director or authorized animal care and control of- ficer may enforce this section through the notice and order process in K.C.C. 11.04.260. A notice and order issued to enforce this section is subject to appeal, in accordance with K.C.C. 11.04.270. KCC 11.04.230 Nuisances defined. For purposes of this chapter, nuisances are violations of this chapter and shall be defined as follows: A. Any public nuisance relating to animal care and con- trol known at common law or in equity jurisprudence; B. A dog running at large within the county; C. Any domesticated animal, whether licensed or not, that runs at large in any park or enters any public beach, pond, fountain or stream or upon any public playground or school ground. However, this subsection shall not prohibit a person from walking or exercising an animal in a public park or on any public beach when the animal is on a leash, tether or chain not to exceed eight feet in length. Also, this subsection shall not apply to any person using a trained service animal, to animal shows, exhibitions or organized dog- training classes if at least twenty -four hours' advance notice has been given to the ani- mal care and control authority by those persons requesting to hold the animal shows, exhibitions or organized dog- training classes; D. Any domesticated animal that enters any place where food is stored, prepared, served or sold to the public, or any other public building or hall. However, this subsection shall not apply to any person using a trained service animal, to veterinary offices or hospitals or to animal shows, exhibitions or organized dog- training classes if at least twenty -four hours' advance notice has been given to the animal care and control authority by the persons requesting to hold the animal shows, exhibitions or organized dog training classes; E. Any female domesticated animal, whether licensed or not, while in heat and accessible to other animals for purposes other than controlled and planned breeding; F. Any domesticated animal that chases, runs after or jumps at vehicles using the public streets and alleys; G. Any domesticated animal that habitually snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets, alleys or other pub- lic ways; H. Any animal that has exhibited vicious propensities and constitutes a danger to the safety of persons or property off the animal's premises or lawfully on the animal's premises. However, in addition to other remedies and penalties, the pro- visions of this chapter relating to vicious animals shall apply; I. Any vicious animal or animal with vicious propensities that runs at large at any time 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 the animal. However, in addition to other remedies and penalties, the provisions of this chapter relating to vicious animals shall apply; J. Any domesticated animal that 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; K. Any domesticated animal that enters upon a person's property without the permission of that person; L. Animals staked, tethered or kept on public property without prior written consent of the animal care and control authority; M. Animals on any public property not under control by the owner or other competent person; N. Animals harbored, kept or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian; and 0. Animals running in packs. KCC 11.04.235 Transfer of unaltered dogs and cats prohi- bited. It is a violation of this chapter to sell or give away unal- Produced by the City of Tukwila, City Clerk's Office Page 7 -13 67 TUKWILA MUNICIPAL CODE tered dogs and cats in any public places or to auction off or raffle unaltered dogs and cats as prizes or gifts. KCC 11.04.240 Unlawful acts against police department dogs - Penalty for violation. A. No person shall willfully 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 said department or its officers or members. B. Any person who violates subsection A. of this section shall be deemed guilty of a misdemeanor, punishable by not more than ninety days in jail or not more than two hundred fifty dollar fine, or both. KCC 11.04.250 Violations - unlawful acts - cruelty to animals - database. A. It is unlawful for any person to: 1. Willfully 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 neg- lect to aid or attempt alleviation of pain, suffering or injury the person has so caused to any animal; 3. Lay out or expose any kind of poison, or to leave exposed any poison food or drink for humans, animals or fowl, or any substance or fluid whatever whereon or wherein there is or shall be deposited or mingled, any kind of poison or deadly substance or fluid whatever, on any premises, or in any unenclosed place, or to aid or abet any person in so doing, unless in accordance with RCW 16.52.190; and 4. Abandon any domesticated animal by dropping off or leaving the animal on the street, road or highway, in any other public place or on the private property of another. B. The regional animal services section shall keep a da- tabase containing the names of all persons who are either found in violation of K.C.C. 11.04.250 or charged or convicted of animal cruelty under either RCW 16.52.205 or 16.52.207. Further, the regional animal services section shall coordinate with law enforcement, when necessary, to keep this database current. KCC 11.04.260 Violations - notice and order. A. Whenever the manager of the regional animal servic- es section or animal care and control officer has found an ani- mal maintained in violation of this chapter, the manager of the regional animal services section shall commence proceedings to cause the abatement of each violation. B. The manager of the regional animal services section or animal care and control officer shall issue a notice of viola- tion and an order directed to the owner or the person pre- sumed 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 manager or an- imal care and 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, in- cluding reference to the specific sections of code or statute violated and, where relevant, reference to the specific sections of code or statute authorizing removal of the animal; 4. A statement of the action required to be taken to abate the violation, as determined by the manager of the re- gional animal services section. a. If the manager has determined the animal in violation must be disposed of, the order shall require that the abatement be completed within a specified time from the order as determined by the manager to be reasonable; b. If the manager of the regional animal ser- vices section determined to assess a civil penalty, the order shall require that the penalty shall be paid within fourteen days from the order. 5. Statements advising that if any required abate- ment is not commenced within the time specified, the manager of the regional animal services section shall 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 manager of the regional animal services sec- tion to the board of appeals, but only if the appeal is made in writing as provided by this chapter and filed with the manager of the regional animal services section within fourteen days from the service of the notice of violation and order; and b. that failure to appeal constitutes 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; 2. By mailing a copy of the notice of violation and order by certified mail, postage prepaid, return receipt re- quested, to the person at the person's last known address; or 3. By 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 the 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 ser- vice, declaring the time, date and manner in which service was made. KCC 11.04.270 Appeals. A. The King County board of appeals as established by Article 7 of the King County Charter is designated to hear ap- peals by parties aggrieved by actions of the manager of the regional animal services section under this chapter. The board Page 7 -14 68 Produced by the City of Tukwila, City Clerk's Office TITLE 7 — ANIMALS 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 manager of the regional animal services section, who shall make them freely accessible to the public. All decisions and findings of the board shall be ren- dered to the appellant in writing with a copy to the manager of the regional animal services section. B. Any person entitled to service under K.C.C. 11.04.260.B. may appeal from any notice and order or any action of the manager of the regional animal services section under this chapter by filing at the office of the manager of the regional animal services section within fourteen days from the service of the 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 spe- cific 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 appel- lants, 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. The board of appeals shall set a time and place, not more than thirty days from the notice of appeal for a hearing on the appeal. Written notice of the time and place of hearing shall be given at least ten days before the hearing to each ap- pellant by the manager -clerk of the board. D. At the hearing, the appellant shall be entitled to ap- pear in person, to be represented by counsel and to offer evi- dence that is pertinent and material to the action of the man- ager of the regional animal services section. Only those mat- ters 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 the right to an ad- ministrative hearing. F. Enforcement of any notice and order of the manager of the regional animal services section issued under this chap- ter shall be stayed during the pending of an appeal, except impoundment of an animal that is vicious or dangerous or cruelly treated. G. In proceedings before the board, the regional animal services section shall bear the burden of proving by a prepon- derance of the evidence both the violation and the appro- priateness of the remedy it has imposed. KCC 11.04.280 Redemption procedures. Any animal impounded pursuant to the provisions of Section 11.04.210 may be redeemed upon payment of the redemption fee as provided in Section 11.04.035. 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 kenneling fee for each twenty- four -hour period, or portion thereof, during which such dog or cat is retained by the impounding agency shall be made payable to the county. The redemption fee for livestock shall be as provided in Section 11.04.035 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 the county and the given stock yard used for holding such animal. KCC 11.04.290 Vicious animals - corrective action. A.1. An animal, declared by the manager of the regional animal services section to be vicious, may be harbored, kept or maintained in King County only upon compliance with those requirements prescribed by the manager. In prescribing the requirements, the manager must take into consideration the following factors: a. the breed of the animal and its characteristics; b. the physical size of the animal; c. the number of animals in the owner's home; d. the zoning involved; size of the lot where the an- imal resides and the number and proximity of neighbors; e. the existing control factors, including, but not li- mited to, fencing, caging, runs and staking locations; and f. the nature of the behavior giving rise to the man- ager's determination that the animal is vicious, including: (1) extent of injury or injuries; (2) circumstance, such as time of day, if it was on or off the property and provocation instinct; and (3) circumstances surrounding the result and complaint, such as neighborhood disputes, identification, cre- dibility of complainants and witnesses. 2. Requirements that may be prescribed include, but are not limited to, the following: a. Erection of additional or new fencing adequate to keep the animal within the confines of its property; b. Construction of a run within which the animal is to be kept. Dimensions of the run shall be consistent with the size of the animal; c. Keeping the animal on a leash adequate to con- trol the animal, the length and location to be determined by the manager. When unattended the leash must be securely fas- tened to a secure object; d. Maintenance of the animal indoors at all times, except when personally controlled on a leash adequate to con- trol the animal by the owner or a competent person at least fifteen years old; and Produced by the City of Tukwila, City Clerk's Office Page 7 -15 69 TUKWILA MUNICIPAL CODE e. Removal of the animal from the county within for- ty -eight hours from receipt of such a notice. 3. Failure to comply with any requirement prescribed by the manager in accordance with this section constitutes a misdemeanor. Such an animal shall not be kept in unincorporated King County after forty -eight hours after receiving written notice from the manager. Such an animal or animals found in violation of this section shall be impounded and disposed of as an unredeemed animal and the owner or keeper of the animal or animals has no right to redeem the animal or animals. B.1. Any animal constituting a public nuisance as provided in this chapter shall be abated and removed from the county by the owner or by the manager of the regional animal services section, upon the receipt of three notices and orders of violation by the owner in any one -year period, though this removal procedure shall not apply to the vicious animal removal procedure set out in K.C.C. 11.04.290.A.3. Where it is established by record in accordance with this chapter and no finding was entered showing that the owner will be able to provide reasonable restraints to protect the public from repetitions of violations, the manager of the regional animal services section shall notify and direct the owner of the animal to abate or remove the same from the county within ninety -six hours from the notice. If the animal is found to be within the confines of King County after ninety -six hours have elapsed from the notice, the same shall be abated and removed by the manager of the regional animal services section. Animals removed in accordance with this section shall be removed from King County or be subjected to euthanasia by the regional animal services section. 2. Any animal that bites, attacks or attempts to bite one or more persons two or more times within a two -year pe- riod is declared to be a public nuisance and shall not be kept within unincorporated King County forty -eight hours after re- ceiving written notice from the manager. Such an animal or animals found in violation of this section shall be impounded and disposed of as an unredeemed animal, and the owner or keeper of the animal or animals has no right to redeem the animal. KCC 11.04.300 Civil penalty and abatement costs - Liability of owner. The civil penalty and the cost of abatement are also personal obligations of the animal owner. The prosecuting at- torney on behalf of King County may collect the civil penalty and the abatement work costs by use of all appropriate legal reme- dies. KCC 11.04.310 Costs of enforcement action. In addition to costs and disbursements provided for by statute, the prevailing party in a collection action under this chapter may, in the court's discretion, be allowed interest and a reasonable 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. KCC 11.04.330 Additional rules and regulations. The re- gional animal services section is authorized to make and enforce rules and regulations, not inconsistent with the provisions of this chapter section, and it is unlawful to violate or fail to comply with any of such rules and regulations. All of such rules and regula- tions shall be reduced to writing and adopted in accordance with K.C.C. chapter 2.98. KCC 11.04.335 Waiver of fees and penalties. A. The manager of the regional animal services section may waive or provide periods of amnesty for payment of out- standing licensing fees, late licensing penalty fees, adoption fees and redemption and sheltering fees, in whole or in part, when to do so would further the goals of the regional animal services section and be in the public interest. B. In determining whether a waiver should apply, the manager of the regional animal services section must take into consideration the following elements: 1. The reason the animal was impounded; 2. The reason or basis for the violation, the nature of the violation, the duration of the violation and the likelihood the violation will not recur; 3. The total amount of the fees charged as com- pared with the gravity of the violation; 4. The effect on the owner, the animal's welfare and the regional animal services section if the fee or fees or penal- ties are not waived and no payment is received. KCC 11.04.345 Private Animal Placement Permit - Citizen Complaint Process. A. Upon receiving a citizen complaint involving the main- tenance of either an Individual or Organizational Private Ani- mal Placement Permit, the director shall cause the following to be performed: 1. Issue a Notice of Complaint to the holder of the permit, and the organization which issued the permit, if applicable, advising such person of the allegation(s) made in the complaint. 2. Require the permit holder, and organization if applicable, to respond, in writing, to the allegation(s) in the Notice of Complaint within ten days of receipt of the Notice of Complaint. 3. Investigate the allegation(s) in the written complaint and the response submitted by the permit holder, and organization, if applicable. 4. Make a finding as to the validity of the allegation(s) in the complaint. If it is found to be a valid complaint the director shall revoke the permit pursuant to the qualifications described in K.C.C. 11.04.030 and K.C.C. 11.04.165. B. Failure to respond, in writing, to a Notice of Complaint within ten days shall constitute a waiver of the permit holder's, and organization's, if applicable, right to contest the allegation(s) in the complaint and shall be prima facie evidence that the allega- tion(s) are valid, and the permit shall be revoked. KCC 11.04.400 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 K.C.C. 11.04.030. Page 7 -16 70 Produced by the City of Tukwila, City Clerk's Office TITLE 7 — ANIMALS B. Guide dog puppies in training and police service dogs are exempted from the provisions of this section. C. Any dog or cat over the age of six months adopted from an animal shelter in King County shall be spayed or neu- tered before transfer to the owner. KCC 11.04.410 Spay or neuter vouchers. When issuing a license for an unaltered pet the regional animal services section may provide to the applicant a voucher for the payment of all or part of the cost of a spay or neuter operation by a licensed veterinarian on the pet, with the amount of the voucher established by the manager of regional animal services based upon available resources and appropriation authority being provided by the council. The regional animal services section shall compile, maintain and make available to the public a list of veterinarians who accept the vouchers as full or partial payment for spay or neuter operations. Spay or neuter vouchers shall be redeemed through the King County treasury by veterinarians who have performed a spay or neuter operation on a pet licensed in King County as an unaltered pet. KCC 11.04.500 Euthanasia rate targets. A. It shall be the policy of King County that a maximum euthanasia rate target is set to measure the progress towards reducing the rates of cats and dogs euthanized by the regional animal services section or its designees. The euthanasia rates shall be calculated based on the total number of live cats and dogs take in to King County custody to include stray, homeless, abandoned, unwanted or surrendered animals, and animals euthanized at an owner's request. The euthanasia rates shall exclude animals euthanized at the order of the director of the Seattle -King County department of public health and those animals who are not in the custody of King County but are brought to a King County shelter by their owner or guardian for the purposes of licensing, or clinic services, such as spaying, neutering and vaccinations should such services be made available to the public by the regional animal services section. B. The total number of cats and dogs euthanized by the regional animal services section is not to exceed fifteen percent. KCC 11.04.510 Unaltered dogs and cats - Advertising requirements. No person in unincorporated King County shall publish or advertise to King County residents the availability of any unaltered cat or dog unless the publication or advertisement includes: the unaltered animal's license number or the animal's juvenile license number, provided, however that nothing in this chapter shall prohibit licensed breeders from advertising in national publications for sale of a planned litter or litters. KCC 11.04.520 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. KCC 11.04.530 Exemptions from chapter. The provisions of this chapter shall not apply to dogs and cats in the custody of an animal facility registered or licenses by the United States Department of Agriculture and regulated by 7 United States Code 2131, et seq. KCC 11.04.540 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 the release is necessary for the immediate health and safety of the animal, though this section shall not apply to peace officers and animal care and control or humane officers. KCC 11.04.550 Monitoring and reporting. The regional animal services section shall report to the council no less than twice each year on the number of animals taken into King County's custody, the average length of stay for animals, the number of animals redeemed by their owners, the number of animals adopted, the number of animals transferred to other animal welfare organizations or agencies, the number of animals euthanized, the number of animals euthanized at an owner's request, the number of animals euthanized due to a determination of vicious temperament, the number of animals euthanized due to a determination that the animal had a poor or grave prognosis of health and was irremediably suffering, the number of animals that die of causes other than an administered method of euthanasia, the number of animals spayed or neutered, the number of animal cruelty cases, the number and type of pet licenses issued and the number of spay or neuter vouchers issued and redeemed. The reports shall include program revenues, expenditures, status of payments from cities for contractual services, an accounting for the use of the animal bequest funds and impacts to the general fund. These twice - annual reports shall be prepared concurrent with and include the reports developed for cities per the terms of any interlocal agreements for regional animal services. One paper copy and an electronic copy of each report shall be filed with the clerk of the council, who shall distribute electronic copies to all councilmembers. KCC 11.04.560 Public information education. The animal care and control authority in conjunction with the King County animal care and control citizen's advisory committee shall develop a public information and education campaign about responsible pet ownership, pet adoption and the benefits of spay and neuter operations. The campaign should be coordinated with other animal interest groups. The materials shall be made available to the general public and provided to each person obtaining a license or redeeming a pet. Materials shall be made available to and disseminated through veterinarians, pet shops, catteries, kennels and the media. The use of pro bono assistance from entities having expertise in public advertising or information campaigns is encouraged. KCC 11.04.570 Breeder certification program. The regional animal services section shall develop a breeder certification program, including a definition of the term "breeder," to promote the "best management practices" for the breeding and caring of Produced by the City of Tukwila, City Clerk's Office Page 7 -17 71 TUKWILA MUNICIPAL CODE animals. The proposed breeder certification program shall be submitted to the county council for approval. KCC 11.04.580 Canvassing program. The animal care and control authority shall develop and implement a twelve -month program to canvass for compliance with the licensing requirements of this chapter. The program shall be directed at households within unincorporated areas of King County and cities under contract with King County for animal care control services. Animal care and control authority employees and persons or organizations under contract to the animal care and control authority performing the canvassing may issue pet licenses and collect license fees. The canvassing program shall be reviewed by the animal care and control authority. Funding for subsequent years shall be reviewed annually based upon an evaluation of the efficacy of the canvassing program KCC 11.08 Dog Leash Law KCC 11.08.010 Purpose. Under chapter 16.10 RCW, it is the intention of King County to enforce a dog leash law in selected areas of King County. It is the intention of King County to administer a dog leash law in conjunction with the rules and regulations of the animal care and control authority in this title. KCC 11.08.020 Definitions. In construing the provisions of this chapter, except where otherwise plainly declared or clearly apparent from the context, words used in this chapter shall be given their common and ordinary meaning; in addition, the following definitions shall apply: A. "At large" means to be off the premises of the owner and not under the control of the owner by leash; provided, that an animal within an automobile or other vehicle of its owner shall be deemed to be upon the owner's premises. B. "Lawful training" means to be engaged in training on the premises of the owner or on the land of another person by permission, or on public land that is set aside for training or is open for hunting or trapping; provided, that the dog is accom- panied afield by the owner or trainer. A "no- shooting" area shall not be interpreted to mean a "no- training" area. C. "Leash" includes a cord, thong or chain not more than fifteen feet in length by which an animal is physically controlled by the person accompanying it. D. "Restraint." An animal is considered to be under re- straint if it is maintained and remains within the property limits of its owner or keeper. KCC 11.08.030 Dogs at large prohibited in dog control zones. It is unlawful for owners, residing within a designated dog control zone, to allow their dogs to be at large or without restraint, except that this section shall not apply where the dogs are engaged in obedience training, lawful hunting activity, lawful competition sanctioned by a nationally recognized body or a local chapter thereof, or lawful training in preparation for such hunting or competition, are working dogs engaged in the herding of livestock, or are working dogs engaged in sanctioned search and rescue activities. KCC 11.08.035 Methods to establish dog control zones. There are two methods to establish dog control zones: A. By initiation of the county council pursuant to RCW 16.10; and B. By petition pursuant to K.C.C. 11.08.040. KCC 11.08.040 Petitions to create dog control zones. A. Petitions requesting the King County council to create a dog control zone shall be submitted to the office of the clerk of the council. The clerk of the council shall forward copies of the petitions and other materials to: 1. The office of the councilmember in whose district the proposed zone is requested; 2. The regional animal services section; and 3. The director of elections. B. Petitions 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, both written and printed legibly, of at least ten percent of the registered voters within the pro- posed zone; and 2. The popular addresses of the petitioners. C. Upon receipt of the copy of the filed petition, the re- gional animal services shall conduct a comprehensive review of the enforceability of the proposed boundaries and if neces- sary recommend alternative boundaries to the director of the department of executive services and the affected council - member. D. The department of elections shall: 1. Determine the approximate number of registered voters within the proposed zone; 2. Determine the number of signatures of registered voters in the petition; and 3. Forward the conclusions regarding the number of signatures of registered voters and total number of registered voters residing within the proposed zone to the office of the affected councilmember and the director of the department of executive services. E. The executive may recommend by ordinance a pro- posed dog control zone to the council based on the recom- mendation of the director of the department of executive ser- vices. F. In addition to other statutory requirements, the council may cause to occur any public meetings or notification through the local media as it considers necessary to ensure that af- fected citizens are aware of the proposed ordinance to create a dog control 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 such a dog control zone by ordinance. The council shall consider, but is not limited to considering, the location, terrain and surrounding land use of the petitioned area. KCC 11.08.050 Violations - misdemeanor penalty. Any owner of an animal in violation of this chapter is guilty of a Page 7 -18 72 Produced by the City of Tukwila, City Clerk's Office TITLE 7 — ANIMALS misdemeanor punishable by either a fine of not more than two hundred fifty dollars or imprisonment for a term not to exceed ninety days, or both. However, for the first thirty days following the enactment of each individual dog control zone, no penalty shall be assessed in those cases where a licensed animal is maintained in violation of this chapter and the animal care and control officer is able to determine the owner and, if impounded, return the animal to its owner directly from the site in which it was impounded. KCC 11.08.060 Violations - civil penalty. In addition to, or as an alternate to, any other penalty provided in this title or by general law, any person whose animal is maintained in viola- tion of this chapter shall incur a civil penalty plus billable costs of the regional animal services section. The penalty for a vi- olation shall be as provided in K.C.C. 11.04.035. However, for the first thirty days following the enactment of each individual dog control zone, no penalty shall be assessed for a violation of this chapter that occurs within the newly established dog control zone. Dog Control Zones are defined in KCC Sections11.08.075 through 11.08.310, and are available at: http: / /www.kingcounty.gov /council /legislation /kc code.aspx KCC 11.12 Rabies Control KCC 11.12.010 Quarantine order. Whenever the director of the Seattle -King County department of public health has cause to suspect that an animal capable of transmitting rabies is in- fected with the disease, the director shall order a period of quarantine of not less than ten days. The director shall notify in writing the owner or keeper of the infected animal of the quarantine order. The infected animal shall be quarantined by the regional animal services section in the in its shelter or upon the premises of the owner or licensed veterinarian where con- ditions of quarantine are strictly kept. The place of quarantine shall be at the discretion of the director, unless the animal had been exposed to rabies by contact, in which case K.C.C. 11.12.040 shall apply. Delivery of a copy of the quarantine order to some person of suitable age and discretion residing upon the premises where the animal is found shall be notice of the quarantine. Good cause for such an order of quarantine shall include, but is not limited to, evidence that the animal has bitten, or that there is reasonable certainty that the animal has bitten, a human being. During the period of quarantine, the officers, agents and employees of the regional animal services section, and other police officers, are authorized to enter any premises for the purpose of apprehending any such an animal and impounding the animal, except where the animal is kept upon the premises of the owner or licensed veterinarian as provided in this section. KCC 11.12.020 Notice of rabies hazard - quarantine pe- riod. Whenever the director of the Seattle -King County de- partment of public health determines that rabies is currently a hazard to the public health in King County, or any part thereof, incorporated or unincorporated, excepting cities of the first class, by reason of the fact that a case of rabies has been di- agnosed in any canine or feline animal, the director shall cause a notice of the hazard to be published in a newspaper of gen- eral 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 publication of notice; and it is a misdemeanor and is un- lawful for any owner, or person entitled to custody of such an animal, to keep or harbor any animal capable of transmitting rabies unless securely confined by a leash or tight enclosure from which it cannot escape. Any animal capable of transmit- ting rabies found running at large during such a period shall be impounded and euthanized by order of the director of the Seat- tle -King County department of public health or the director's agent named in K.C.C. 11.12.060. If apprehension and im- pounding by safe means is not possible, the animal may eu- thanized summarily by the agent. The director of the Seattle - King County department of public health may extend any such a quarantine period if deemed necessary by like additional determinations and notices. KCC 11.12.030 Violation of quarantine. It is a misdemeanor and is unlawful for any owner or person charged with the custo- dy 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 removed from any quarantine premises without the consent of the director of Public Health. KCC 11.12.040 Euthanizing of infected animals. Any animal bitten by an animal found to be rabid by appropriate laboratory tests shall be euthanized by order of the director of the Seattle - King County department of public health. KCC 11.12.050 Vaccination order. Whenever the director of the Seattle -King County department of public health by order published in a newspaper of general circulation in the area for three successive days determines that conditions exist as indi- cated in K.C.C. 11.12.020 in a specified area wherein it is ne- cessary for the protection of the public health that animals ca- pable of transmitting rabies be vaccinated within thirty days with antirabies vaccine, the director shall order that all such animals four months old or older be so vaccinated or eutha- nized at the option of the owner or keeper, and it is a misde- meanor and is unlawful for any owner, or person charged with the custody of such an animal, to fail or refuse to procure the vaccination within the specified time. KCC 11.12.060 Enforcement. The director of the Seattle - King County Department of Public Health is authorized to enforce the provisions of this chapter, the ordinances and resolutions codified in it, and any rules and regulations promulgated thereunder pursuant to the enforcement and penalty provisions of Title 23. 11.20 Disposition of Fowl and Rabbits 11.20.010 Age restriction for disposition or coloration. It is unlawful for any person, firm or corporation to sell, offer for Produced by the City of Tukwila, City Clerk's Office Page 7 -19 73 TUKWILA MUNICIPAL CODE sale, barter or give away any fowl under three weeks of age or any rabbit under two months of age as a pet, toy, premium or novelty, or to color, dye, stain or otherwise change the natural color of any such fowl or rabbit. 11.20.020 Penalty for violations. Any person, firm or corporation violating this chapter is guilty of a misdemeanor as defined under the laws of the state of Washington, and upon conviction thereof shall be punished by a fine not to exceed three hundred dollars or by imprisonment in the county jail for a period not to exceed thirty days. KCC 11.24 Stock Restricted Area KCC 11.24.010 Stock restricted area. All of King County, except national forest lands owned by the federal government, is designated a stock restricted area in which it is unlawful to permit livestock, as defined in K.C.C. 21A.06.695, to run at large. KCC 11.24.030 Penalty. Any violation of this ordinance is a misdemeanor and the punishment shall be provided by the laws of the State of Washington. 11.28 Exotic Animals KCC 11.28.010 Chapter 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 preserve the public peace and safety and to assure the humane treatment of exotic animals. KCC 11.28.020 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. A. "Animal care and control authority" means the region- al animal services section in the records and licensing services division, acting alone or in concert with other municipalities for enforcement of the animal care and control laws of the county and state and the shelter and welfare of animals. B. "Director" means director of the department of execu- tive services. C. "Exotic animal" means any of the following: 1. Venomous species of snakes capable of inflicting serious physical harm or death to human beings; 2. Nonhuman primates and prosimians; 3. Bears; 4. Non - domesticated species of felines; 5. Non - domesticated species of canines and their hybrids, including wolf and coyote hybrids; and 6. The order Crocodylia, including alligators, crocodiles, caimans and gavials. KCC 11.28.030 Possession unlawful - exception - rules and regulations compliance. The possession or maintenance of an exotic animal within King County by private citizens as pets is prohibited unless the owner possessed or maintained the exotic animal on or before June 10, 1994, and agrees to promptly act to satisfy the licensing requirements in K.C.C. 11.28.040 through 11.28.090 and such rules and regulations as the animal care and control authority may adopt as provided in K.C.C. chapter 2.98 regarding the maintenance of the animals. KCC 11.28.040 License - issuance generally - fees. The animal care and 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 are specified according to K.C.C. 11.28.030 if the application is accompanied by payment of the license fee, contains the information required by K.C.C. 11.28.050 and meets the cage or confinement rules and regulations of the animal care and control authority. The fee for the license shall be as provided for in K.C.C. 11.04.035. All licenses shall expire one year from the original application. KCC 11.28.050 License - application - content. A verified application for an exotic animal owner's license made in triplicate shall be filed by the applicant with the animal care and control authority. The application shall contain the following: A. A legal or otherwise adequately precise description of the premises that the applicant desires to use under the re- quired license; B. Whether the applicant owns or rents the premises to be used; C. If the applicant rents the premises, a written acknowl- edgment 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; D. The extent of improvement upon the premises; E. A map or diagram of the premises showing where the improvements are located thereon; F. A statement indicating the species of exotic animal that the applicant desires to possess or maintain; G. 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 simi- lar confinement; and H. Such further information as may be required by rules and regulations of the animal care and control authority. KCC 11.28.060 License - issuance - inspection. If, after investigation by the manager of the regional animal services section, it appears that the applicant is the owner or tenant of or has a possessory interest in the property shown in the ap- plication; if applicable, has the written permission of the prop- erty owner as specified in K.C.C. 11.28.050 and that the appli- cant intends in good faith to possess or maintain an exotic animal in accordance with the law and the rules and regula- tions of the regional animal services section, the regional ani- mal services section shall issue a license to the applicant de- scribing 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 animal or ani- mals specified in the license. However, before issuing the license, the regional animal services section shall inspect the Page 7 -20 74 Produced by the City of Tukwila, City Clerk's Office TITLE 7 — ANIMALS 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 specifica- tions for the classification of the exotic animal. If the cage or confinement is deemed inadequate, the applicant shall make such changes as are necessary to meet the standard specifi- cations before the license shall be issued. KCC 11.28.070 Periodic inspection of premises. The manager of the regional animal services section, or any other officer authorized by the manager, 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 this chapter and the rules and regulations of the regional animal services section. KCC 11.28.080 License revocation - notice - hearing. The animal care and 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 care and control authority authorized by this chapter, though the violator shall be first notified of the specific violation or violations and, if the violation can be remedied, the violator shall have fifteen days after receiving the notice of violation to correct the violation. Also, enforcement of such revocation, suspension or refusal shall be stayed during the pendency of an appeal filed in the manner provided by K.C.C. 11.04.270. KCC 11.28.090 Violation - penalty. Any person possessing or maintaining an exotic animal in King County 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 two hundred fifty dollars and /or by imprisonment not to exceed ninety days. KCC 11.28.100 Euthanasia in exigent circumstances. An exotic animal possessed or maintained in violation of this chapter or the rules and regulations of the animal care and control authority may be subject to euthanasia as defined in K.C.C. 11.04.020.F. if any one of the following exigent circumstances is deemed to exist by the manager of the animal care and control authority section: 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; 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 care and 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 dis- ease injurious to other animals or human beings, though this subsection shall not apply if the animal is under treatment by a licensed veterinarian and may reasonably be expected to recov- er without infecting other animals or human beings. KCC 11.28.110 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 facili- ties maintained by scientific or educational institutions, nor to private or commercial activities such as circuses, fairs, or pri- vate zoological parks which are otherwise regulated by law, nor to any recognized program engaged in the training of exot- ic animals as defined in this chapter for use as service animals by disabled citizens. B. Breeding, or allowing the reproduction of, exotic ani- mals as defined in this chapter is prohibited, provided that this prohibition shall not apply to any governmental facility pos- sessing or maintaining exotic animals nor shall it apply to pri- vate or commercial activities as set forth in section A. 11.32 Guard Dogs KCC 11.32.010 Intent. It is the intent of the King County coun- cil to set reasonable requirements 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 public peace and safety and to insure the humane treatment of said animals. KCC 11.32.020 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. A. "Animal care and control authority" means the region- al animal services in the records and licensing services divi- sion, acting alone or in concert with other municipalities in the enforcement of the animal care and control laws of the county and state. B. "Director" means director of the department of execu- tive services. C. "Guard dog" means any member of the dog family Canidae that has been trained or represented as trained to protect either person or property, or both, by virtue of exhibiting hostile propensities and aggressiveness to unauthorized per- sons. D. "Guard dog purveyor" means any person, firm or cor- poration supplying guard dogs to members of the public. E. "Guard dog trainer" means any person, either as an individual or as an employee of a guard dog purveyor, whose prime function is the training of dogs as guard dogs. F. "Rules and regulations of the regional animal services section" means such rules and regulations, consistent with the intent of this chapter, as may be adopted by the regional ani- mal services section under K.C.C. chapter 2.98. KCC 11.32.030 Guard dog purveyor - license - fee. A. It is unlawful for any person, firm or corporation to supply guard dogs to the public without a valid license so to do Produced by the City of Tukwila, City Clerk's Office Page 7 -21 75 TUKWILA MUNICIPAL CODE issued to the person, firm or corporation by the animal care and control authority. Only a person who complies with this chapter and such rules and regulations of the animal care and control authority as may be adopted in accordance with this chapter shall be entitled to receive and retain such a license. Licenses shall not be transferable and shall be valid only for the person and place for which issued. The licenses shall be valid for one year from issue. B. The fee for the license shall be two hundred fifty dollars per year, but if the guard dog purveyor is in possession of a valid animal shelter, kennel and pet shop license, the fee for the guard dog purveyor license shall be reduced by the amount of the animal shelter, kennel and pet shop license. KCC 11.32.040 Guard dog purveyor - license - application. Any person desiring to supply guard dogs to the public shall make written application for a license on a form to be provided by the animal care and control authority. The application shall be filed with the animal care and control authority and shall include the following: A. A legal description of the premises or the business address of the office from which the applicant desires to supply guard dogs; B. A statement of whether the applicant owns or rents the premises to be used for the purpose of purveying guard dogs. If the applicant rents the premises, the application shall be accompanied by a written statement of acknowledgment by the property owner that the applicant has the property owner's permission to purvey guard dogs on the premises for the dura- tion of the license; and C. A written acknowledgment by the applicant that be- fore the actual commercial sale or purveyance of any and all guard dogs the licensee shall coordinate with the animal care and control authority in properly marking the guard dog and in notifying all customers of the guard dog purveyor that the cus- tomer is required to register the guard dog and pay the appro- priate registration fee to King County before the animal per- forming guard dog functions. KCC 11.32.050 Guard dog trainer - license required - fee. A. It is unlawful for anyone to engage in the training of dogs as guard dogs without a valid license so to do issued to the person by the animal care and control authority. Only a person who complies with this chapter and the rules and regulations of the animal care and control authority shall be entitled to receive and retain such a license. Licenses shall not be transferable and shall be valid only for the person for which they were issued. Licenses shall be valid for one year from issue. B. The cost of the license to each guard dog trainer shall be fifty dollars per year. KCC 11.32.060 Guard dog trainer - license - application. Any person desiring to train dogs as guard dogs shall make written application for a license on a form to be provided by the animal care and control authority. All such applications shall be filed with the animal care and control authority and shall contain the following: A. A legal description or business address of the pre- mises at which the applicant desires to train the guard dogs; B. A statement of whether the applicant is self - employed or a member of a business, firm, corporation or organization that trains guard dogs. If the applicant is a member of such a busi- ness, firm, corporation or organization, the applicant shall state the name of the entity and shall provide the name of the major executive officer of the entity; and C. If the premises at which the applicant proposes to train dogs as guard dogs is rented, the application must be accom- panied by a written statement of acknowledgment from the property owner that the applicant has the owner's permission to carry on the activity of guard dog training at the location for the duration of the license. KCC 11.32.070 Guard dog - registration. All persons using dogs as guard dogs shall register the dogs with the animal care and control authority. The cost of the registration shall be as provided in K.C.C. 11.04.035. The registrations shall be valid for one year from date of issue. All registrations shall be affixed on the guard dog in such a manner so as to be readily identifiable. KCC 11.32.080 Guard dog - registration - application. Any person desiring to use a guard dog shall register the dog with the animal care and control authority and the registration shall be accompanied by the following information: A. A legal description or business address of the pre- mises that the applicant desires to employ a registered guard dog to prevent unauthorized intrusion; B. A statement whether the applicant owns or rents the premises to be guarded. If the applicant rents the premises, the application must be accompanied by a written statement of acknowledgment from the property owner that the applicant has the owner's permission to use a guard dog on the premis- es to prevent unauthorized intrusion for the duration of the registration; C. A description of the guard dog for purposes of identi- fication; D. Acknowledgment by the applicant of whether the guard dog has been trained as a guard dog to exhibit hostile propensities; E. Acknowledgment by the applicant that the premises to be guarded has devices, such as fencing, to prevent general access by the public during those times the guard dog is used for purposes of protecting the premises and persons for unau- thorized intrusion. The acknowledgment shall contain a state- ment that the premises is properly signed to forewarn the pub- lic of the presence of a guard dog; and F. Acknowledgment by the applicant that the guard dog will be maintained in such a manner as to ensure the safety of the public and the welfare of the animal. KCC 11.32.090 Inspections. The manager of the regional animal services section or the manager's authorized representative shall inspect all premises that are the subject of the licenses and registrations required in this chapter before Page 7 -22 76 Produced by the City of Tukwila, City Clerk's Office TITLE 7 — ANIMALS the issuance of licenses or registrations. The inspections shall include, but not be limited to, a verification that adequate measures are being taken to protect the health, welfare and safety of the general public and to ensure the humane treatment of the guard dogs. If the premises are deemed inadequate, the regional animal services section shall direct the applicant to make such changes as are necessary before the license or registration is issued. The manager of the regional animal services section or the manager's authorized representative may make the inspections of a licensee's premises or the premises of an area guarded by a registered guard dog for the purpose of enforcing this chapter and the rules and regulations of the regional animal services section. KCC 11.32.100 Enforcement authorization. In protecting the health, safety and welfare of the public; to enforce the laws of the state of Washington as they pertain to animal cruelty, shelter, welfare and enforcement of control; the manager of the regional animal services section and the manager's authorized officers are authorized to take such lawful action in exercising appropriate powers and responsibilities in Article III of Ordinance 1396 and K.C.C. chapter 11.04. KCC 11.32.110 Limitations. 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 owned, and operated or maintained by any city, county, state or the federal government; provided, private parties renting or leasing public facilities for commercial purposes as specified in this chapter shall not be exempt. (Ord. 2306 §2, 2010) CHAPTER 7.16 DANGEROUS DOGS Sections: 7.16.010 Definitions 7.16.020 Dangerous and Potentially Dangerous Dogs — Registration, Prohibitions, Etc. 7.16.030 Additional Dangerous Dog Regulations 7.16.040 Declaration of Dangerous and Potentially Dan- gerous Dogs 7.16.050 Violations - Penalty 7.16.010 Definitions A. "Animal" means any living creature except Homo Sa- piens, insects and worms. B. "Animal Control Authority" means the department of the City charged with the responsibility of administering the provisions of this chapter, or the department and any other governmental body to which this responsibility is contractually delegated and which is thereby charged with the duty of en- forcing the animal control laws of the City and with the shelter and welfare of animals. C. "Animal Control Officer" means any individual em- ployed, contracted, or appointed by the King County Animal Control Authority for the purpose of aiding in the enforcement of this Chapter or any other law or ordinance relating to the licensing of animals, control of animals, or seizure and im- poundment of animals; and includes any State or municipal peace officer, sheriff, constable, or other employee whose du- ties in whole or in part include assignments which involve the seizure and taking into custody of any animal. D. "City "shall mean the City of Tukwila. E. "County" or "King County" shall mean Metropolitan King County. F. "Dangerous dog "means any dog that: 1. Bites or inflicts severe injury on a human being or a domestic animal without provocation on public or private property; or 2. In an aggressive manner, inflicts severe injury or kills a domestic animal or other animal protected under Feder- al, State or local laws, without provocation while off the own- er's property; or 3. Has been previously found to be potentially dan- gerous, the owner having received notice of such, and the dog again aggressively bites, attacks or endangers the safety of humans or domestic animals. (Definition of Potentially Dangerous Dog: see Item I.) G. "Owner' means any person, firm, corporation, or- ganization or department having an interest in or right of pos- session to an animal, or having control, custody or possession of an animal, including possession by reason of the animal being seen residing consistently at a location. Produced by the City of Tukwila, City Clerk's Office Page 7 -23 77 TUKWILA MUNICIPAL CODE H. "Person "means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity. I. "Potentially dangerous dog" means any dog that, when unprovoked: 1. Chases, charges at, or tries to attack, caus- ing a person to take defensive action in order to prevent bodily injury; or 2. Approaches a person on the streets, side- walks, public or private property other than the dog owner's property, in a menacing fashion or apparent attitude of attack; or 3. With a known propensity, tendency or dis- position to attack, unprovoked, to cause injury or otherwise threaten the safety of humans or domestic animals; or 4. Bites a domestic animal off the dog owner's property, causing the animal's skin to be broken. J. "Severe injury "means any physical injury that re- sults in broken bones or lacerations requiring multiple sutures or cosmetic surgery. (Ord. 2306 §3, 2010) 7.16.020 Dangerous and Potentially Dangerous Dogs - Registration, Prohibitions, Etc. A. It is unlawful for an owner to have a dangerous dog or a potentially dangerous dog, as defined in TMC 7.16.010, in the City without fulfilling the requirements of the City and of the Animal Control Authority. B. No potentially dangerous dog or dangerous dog shall go unrestricted upon the premises of the owner. Further, no potentially dangerous or dangerous dog shall be kept on a porch, patio or in any part of a house or structure which would allow such dog to exit the building on its own volition. C. All potentially dangerous and dangerous dogs shall be securely confined indoors or in a secure enclosure. Such an enclosure can be a pen, dog run, or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen, structure, or dog run shall have secure sides and a secure top. The sides of the enclosure shall not directly adjoin a neighboring property. If the pen, structure, or dog run area has no bottom secured to the sides, the sides shall be embedded not less than two feet into the ground. An enclosure with doors, windows, or other openings enclosed solely by wire or mesh screening shall not be considered a proper enclosure as defined in this section. D. No person owning or harboring, or having the care of, a potentially dangerous or dangerous dog shall suffer or permit such dog to go beyond the premises of such person, unless such dog is securely muzzled in a manner that will not cause injury to the dog but shall prevent it from biting any person or animal; and is restrained with a chain having a minimum ten- sile strength of 300 pounds and not exceeding three feet in length. E. Any corrective actions available under King County Code Chapter 11.04 must be made as required by an animal control officer. F. No person shall own or possess with intent to sell, or offer for sale, breed, or buy or attempt to buy within the City any potentially dangerous or dangerous dog. G. No person shall own or harbor any dog for the pur- pose of dog fighting, or train, torment, badger, bait or use any dog for the purposes of causing or encouraging said dog to unprovoked attacks upon human beings or domestic animals. (Ord. 2306 §3, 2010) 7.16.030 Additional Dangerous Dog Regulations Dangerous dogs, which have been shown to be a particu- lar threat to the health, safety, and welfare of the community, may be subject to additional dangerous dog regulations as follows: 1. A dog that has been declared dangerous may be removed and destroyed if the release of the dog would create a significant threat to the health, safety, and welfare of the pub- lic; 2. If it is determined that a dangerous dog shall not be removed or destroyed, the Animal Control Authority shall impose any additional conditions upon the ownership of the dog that protect the health, safety and welfare of the public; 3. The owner of a dangerous dog that is not removed and destroyed shall be required to have a surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a sum not less than $250,000 payable to a person injured by the dog; or a policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000, insuring the owner or kee- per for personal injuries inflicted by the dangerous dog, with a certificate from the insurer providing for written notice to the City within 30 days of cancellation, reduction of limits, or termi- nation of coverage; and 4. A copy of the surety bond or liability insurance pol- icy shall be provided to the City before the dangerous dog is returned to Tukwila to live. (Ord. 2306 §3, 2010) 7.16.040 Declaration of Dangerous and Potentially Dangerous Dog A. Provision for declaring dangerous and potentially dangerous dogs. Based on an investigation, the Animal Con- trol Authority may find and declare a dog potentially dangerous or dangerous if it has probable cause to believe that the dog falls within the definitions set in TMC 7.16.010. For the pur- poses of this chapter, the determination of probable cause may include: 1. The written complaint of a citizen who is willing to testify that the dog has acted in a manner which causes it to fall within the definitions in TMC 7.16.010; or 2. Dog bite reports filed with the Animal Control Au- thority; or Page 7 -24 78 Produced by the City of Tukwila, City Clerk's Office TITLE 7 — ANIMALS 3. Actions of the dog witnessed by any Animal Con- trol Officer or law enforcement officer; or 4. A verified report that the dog previously has been found to be either potentially dangerous or dangerous by any Animal Control Authority; or 5. Other substantial evidence admissible in a court of law. B. Exception. Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tor- menting, abusing, or assaulting the dog, or in the past has been observed or reported to have tormented, abused, or as- saulted the dog, or was committing or attempting to commit a crime. C. Declaration, service to owner in writing. The dec- laration shall be in writing, and shall be served on the owner or keeper in one of the following methods: 1. Certified mail to the owner's or keeper's last known address; or 2. Personally delivered; 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 dog if said owner or person is not home; or 4. If the owner or keeper cannot be located by one of these methods, by publication in a newspaper of general circulation. The owner or keeper of any dog found to be a po- tentially dangerous or dangerous dog under this section shall be assessed all actual service costs expended under this sub- section. D. Declaration, information required. The declaration set forth in this section shall state at least: 1. A description of the dog; 2. The name and address of the owner or keeper of the dog, if known; 3. The whereabouts of the dog if it is not in the cus- tody of the owner or keeper; 4. The facts upon which the declaration is based; 5. The availability of a hearing in case the person objects to the declaration, if a request is made within 14 days; 6. The restrictions placed on the dog as a result of the declaration; and 7. The penalties for violation of the restrictions, in- cluding the possibility of destruction of the dog, and imprison- ment or fining of the owner or keeper. E. Declaration appeal procedure. If the owner or kee- per of the dog wishes to contest the declaration, the following procedures shall apply: 1. The owner or keeper shall, within 14 days of re- ceipt of the declaration, or within 14 days of the publication of the declaration, or within 14 days of the publication of the dec- laration pursuant to 7.16.040(C), request a hearing from the Tukwila Hearing Examiner. Failing to exhaust this administra- tive appeal process shall be a bar to action in a court of law. Any appeal decision issued by the Tukwila Hearing Examiner can be appealed in Superior Court. 2. If the Tukwila Hearing Examiner finds there is in- sufficient evidence to support the declaration, it shall be res- cinded and the restrictions imposed thereby vacated. 3. If the Tukwila Hearing Examiner finds sufficient evidence to support the declaration, then it shall be affirmed. 4. If the Tukwila Hearing Examiner finds that the dog is not a potentially dangerous or dangerous dog, no costs shall be assessed against the City or the Animal Control Au- thority or officer. (Ord 2306 §3, 2010) 7.16.050 Violation - Penalty. Any dangerous dog shall be immediately confiscated by the Animal Control Authority if the dog is not maintained in a secure enclosure, or if the dog is allowed to go beyond the owner's premises without leash or muzzle restraints, or either a required surety bond or liability insurance of $250,000 is not valid. The owner must pay the costs of confinement and con- trol. The Animal Control Authority must serve notice upon the dog owner in person, to the owner's residence, or by regular and certified mail, return receipt requested, specifying the rea- son for the confiscation of the dangerous dog, that the owner is responsible for payment of the cost of confinement and control, and that the dog will be destroyed by Animal Control in an ex- peditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within 20 days. In addi- tion, the owner shall be guilty of a gross misdemeanor punish- able in accordance with RCW 9A,20.021. (Ord. 2306 §3, 2010) Produced by the City of Tukwila, City Clerk's Office Page 7 -25 79 TUKWILA MUNICIPAL CODE CHAPTER 7.20 DOGS AT LARGE AND LEASHES Sections: 7.20.010 Definitions 7.20.020 Dogs at Large — Requirement of a Leash or Chain 7.20.030 Penalties 7.20.010 Definitions A. "Animal" means any living creature except Homo Sapiens, insects and worms. B. "City "shall mean the City of Tukwila. C. "Owner" means any person, firm, corporation, organization or department having an interest in or right of possession to an animal, or having control, custody or possession of an animal, including possession by reason of the animal being seen residing consistently at a location. D. "Person " means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity. (Ord. 2306 §4, 2010) 7.20.020 Dogs at Large — Requirement of a Leash or Chain It shall be a violation of this chapter for any owner or custodian to cause, permit or allow any dog owned, harbored, controlled or kept by him /her in the City to roam, run or stray away from the premises where the dog is owned, harbored, controlled or kept; except that, while away from the premises, the dog shall at all times be controlled by the owner or some duly authorized and competent person by means of a leash or chain not exceeding eight feet in length, provided that such leash or chain is not required for any dog when otherwise safely and securely confined or completely controlled while in or upon any vehicle. Any law enforcement officer shall have the authority to issue civil infractions under this provision. (Ord. 2403 §1, 2013; Ord. 2306 §4, 2010) 7.20.030 Penalties A. Violation, civil penalty. In addition to any other penalty provided in this title or by law, any person whose dog is maintained in violation of this title shall incur a civil penalty plus billable costs of the Animal Control Authority. The penalty shall be $50 for the first notice of violation, $75 for the second violation in any one -year period, and $200 for each successive violation. B. Civil penalty, collection. The civil penalty described in TMC Section 7.20.030(A) is the personal obligation of the dog owner. The Animal Control Authority, on behalf of King County, and the City Attorney, on behalf of the City, may collect the civil penalty by use of all appropriate legal remedies. C. Cost of enforcement, collection. In addition to the costs and disbursements provided for by statute, the prevailing party in a collective action under this chapter may, in the court's discretion, be allowed interest and a reasonable attorney's fee. The City Attorney shall seek such costs, interest, and reasonable attorney's fees on behalf of the City or County when the City is the prevailing party. (Ord. 2306 §4, 2010) Page 7 -26 80 Produced by the City of Tukwila, City Clerk's Office