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HomeMy WebLinkAboutOrd 1453 - Animal Control - Dangerous Dogs (Repealed by Ord 1772) j� „.1,31 City of Tukwi Washington Cover page to Ordinance 1453 The full text of the ordinance follows this cover page. AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON 44 CHAPTER 7.04 OF THE TUKWILA MUNICIPAL CDOE, ENTITLED 'IANINALS," TO ADD THE DANGEROUS DOG REGULATIONS ADOPTED BY THE STATE OF WASHINGTON AND MAKE THE ANIMAL CONTROL pRovisioris CONSISTENT WITH THOSE ADOPTED BY KING COUNTY; AND REPEALING ORDINANCE NOS. 968. 97g, AND 1157. Ordinance 1453 was amended or repealed by the following ordinances. AMENDED BY: REPEALED BY: 1672, 1743, 1744, 1745 1772 S Y 1906 CITY OF TUKWILA WASHINGTON ORDINANCE NO. /#S- AN `GRDINANCE 'nr THE CITY OF TUKWILA, WASHINGTON AMENDING CHAPTER 7.04 OF THE TUKWILA MUNICIPAL CODE, ENTITLED "ANIMALS," TO ADD THE DANGEROUS DOG REGULATIONS ADOPTED BY THE STATE OF WASHINGTON AND MAKE THE ANIMAL CONTROL PROVISIONS CONSISTENT WITH THOSE ADOPTED BY KING COUNTY; AND REPEALING ORDINANCE NOS. 968, 979, AND 1157. WHEREAS, the Tukwila City Council finds that the provisions of Chapter 7.04 of the Tukwila Municipal Code should be consistent with the provisions of Title 11 of the King County Code and the state statutes governing dangerous dogs in order to promote effective and uniform animal control enforcement, and WHEREAS, the Tukwila City Council finds that this ordinance is in the interests of the public health, safety and welfare, now, therefore, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Animal Control Regulations. Chapter 7.04 of the Tukwila Municipal Code is hereby amended to read as follows: 7.04.010 Purpose. It is the public policy of the City of Tukwila to secure and maintain such levels of animal control as will protect 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 licensing dogs, cats, animal shelters, hobby kennels, kennels and pet shops, to control errant animal behavior so that it shall not become a public nuisance, and to prevent cruelty to animals. 7.04.020 Definitions. As used in this Chapter, the following terms have the meanings set forth below: (A) "Abatement" means the termination of any violation by reasonable and lawful means determined by the director of the animal control authority in order that the owner or a person presumed to be the owner shall comply with this Chapter. (B) "Animal" means any living creature except man, insects and worms. (C) "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 -1- V 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. (D) "Animal control officer" means any individual employed, contracted, or appointed by the animal control authority for the purpose of aiding in the enforcement of this title or any other law or ordinance relating to the licensing of animals, control of animals, or seizure and impoundment of animals, and includes any state of municipal peace officer, sheriff, constable, or other employee whose duties in whole or in part include assignments which involve the seizure and taking into custody of any animal. (E) "Domesticated animals" means those domestic beasts such as any dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep, hog or other animal made to be domestic. (F) "County" or "King County" shall be limited to that portion of King County which is within the city limits of the city. (G) "Dangerous dog" means any dog that, according to the records of the appropriate authority: (a) has inflicted severe injury on a human being without provocation on public or private property, (b) has killed a domestic animal without provocation while off the owner's property, or (c) 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 humynnns or domestic animals; (H) "Dog packs" means a group of three or more dogs running upon either public or private property not that of their owner in a state in which either their control or ownership is in doubt or cannot readily be ascertained, and when such dogs are not restrained or controlled. (I) "Euthanasia" means the humane destruction of an animal, accomplished bay a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness and death during such loss of consciousness. (3) "Grooming parlor" means any place or establishment, public or private, where animals are bathed, clipped, or combed, whether or not for compensation, for the purpose of enhancing their aesthetic value. (K) "Hobby kennel" means a noncommercial kennel at or adjoining a private residence where four or more adult animals are bred and /or kept for hunting, training and exhibition for organized shows, field, working and /or obedience trials, or for enjoyment of the species. (L) "Kennel" means a place where four or more adult dogs or cats or any combination thereof are kept, whether by owners of the dogs and cats or by persons providing facilities and care, whether or not for compensation, but not including a small animal hospital or clinic or pet shop. An adult dog or cat is one of either sex, altered or unaltered, that has reached the age of four months. (M) "Livestock" means horses, bovine animals, sheep, goats, swine, reindeer, donkeys and mules. (N) "Owner" means any person, organization or department having right of possession to an animal, custody, of possession of an possession by reason of the animal consistently at a location. JEH00609O;0042.130.001 -3- firm, corporation, an interest in or or having control, animal, including being seen residing (0) "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity. (P) "Pet Shop" means any person, establishment, store or department or any store that acquires live animals, including birds, reptiles, fowl and fish, and sells, or offers to sell or rent such live animals to the public or to the retail outlets. (Q) "Running at large" means to be off the premises of the owner and not under the immediate control of the owner or other competent person authorized by the owner over fifteen years of age, by means of a leash, cord or chain no longer than eight feet except when in or on any vehicle and securely confined to such vehicle. (R) "Shelter" means a facility which is used to house or contain stray, homeless, abandoned or unwanted animals, and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization or person devoted to the welfare, protection and humane treatment of animals. (S) "Vicious" means the act of or the propensity to do any act endangering the safety of any person, animal or property of another, including, but not limited to, biting a human being, an attack on human beings or domestic animals without provocation. 7.04.030 Required. All weaned dogs and cats which are harbored, kept or maintained in the City, shall be licensed and registered annually. However, dogs kept in kennels need not be licensed annually while kept at such kennel and while such kennel is duly licensed as provided in Section 7.04.080. 7.04.040 Dog and Cat Licenses -Fees. Dog and cat licenses shall be issued by the animal control authority upon application and payment of an annual license fee made payable to the county comptroller according to the schedule of fees adopted by the King County Council, as now or hereafter amended, which is hereby adopted. (A) City of Tukwila residents sixty -five years of age or older shall be entitled to purchase special permanent licenses for the lifetime of cats or dogs for which they are the registered owners when said animals are maintained at said owner's registered address. The special permanent animal license fee is twenty dollars ($20) per licensed dog and twelve ($12) per licensed cat, provided that the owner provides written proof that the animal has been spayed or neutered. (B) No proration of a license fee for a portion of the calendar year shall be made. The effective date for such license fees shall be January 1st of each year. The annual license fee shall become due and payable one year from the last day of the month of issuance. (C) Applications for a dog or cat license shall be on forms provided by the animal control authority. (D) All license tags issued herein shall be securely affixed to a substantial collar, harness or other means and shall be worn by the animal at all times. As an alternative to a license tag, an animal 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 animal control authority. (E) The animal control authority is hereby authorized to collect a two dollar ($2) fee for a lost or stolen license tag replacement. 7.04.050 Dog and Cat Licenses Penalty. (A) Penalties shall be assessed in cases of late registration and licensing of dogs and cats kept and maintained in the City of Tukwila as provided in the schedule adopted by the King County Council for such penalties, as now or hereafter amended, which is hereby adopted. (B) It shall be a rebuttable presumption that an animal has not been licensed unless a proof of purchase, within the preceding thirty days is presented to the licensing officer or agent, or the animal's owner has moved into the City within the preceding thirty days, or the animal has been under the age which requires a license or other proof deemed acceptable in the department's rules and regulations. 7.04.060 Dog and Cat Licenses-- Nonapplicability. The provisions of this chapter shall not apply to dogs used by law enforcement agencies for police work, nor shall it apply to dogs or cats in the custody of a veterinarian or animal shelter or whose owners are nonresidents temporarily within the City for a period not exceeding thirty days. 7.04.080 Shelter, kennel, and pet shop License Fee. It is unlawful for any person to keep or maintain any animal shelter, kennel, or pet shop within the city without first obtaining a valid and subsisting license therefor. A fee of seventy -five dollars for such license shall be assessed not upon individual animals, but upon the owner or keeper of an animal shelter, kennel, or pet shop. Each license and certificate of inspection issued pursuant to this Section 7.04.080 7.04.160 shall be conspicuously displayed at the establishment to which such license was issued. The license shall be dated and numbered, shall bear the name of Tukwila, Washington, the name and address of the owner or keeper of the establishment, and the expiration date of the license. The license shall run for a period of one year from the date of purchase. 7.04.090 Shelter and Kennel Zoning Compliance Health Inspection. (A) The applicant for an original animal shelter, hobby kennel or kennel license shall present to the animal control authority a written statement from the Tukwila Planning Department that the establishment of the animal shelter or kennel at the proposed site is not in violation of the Tukwila zoning codes, has a legal nonconforming zoning status, or that a conditional use permit has been issued for the intended use. (B) Before an animal shelter, hobby kennel or kennel JEH00609O;0042.130.001 -4- JEH00609O;0042.130.001 license may be issued by the animal control authority, a certificate of inspection from the Seattle -King County health department or King County animal control division must be issued showing that the animal shelter or kennel is in compliance with this chapter. 7.04.100 Hobby Kennel Licensing and Fee. It is unlawful for any person to keep and maintain any dog or cat within the City for the purposes of a hobby kennel without obtaining a valid and subsisting license therefore from the animal control authority. The fee for such license shall be assessed upon the owner or keeper of such animals and shall be $20.00 for each three animals or portion thereof. In addition, each animal shall be licensed individually under provisions of Section 7.04.040. 7.04.110 Hobby Kennel General regulations. The total number of dogs and cats over four months of age kept by a hobby kennel shall not exceed the total number authorized by the King county animal control division based on the following guidelines: (A) The number of animals permitted shall be established by the King County animal control division based on such factors as animal size, type and characteristics, of the breed and the amount of lot area. The maximum number of animals shall not exceed ten where the lot area contains thirty -five thousand square feet or more, and shall not exceed five where the lot area is less than thirty -five thousand square feet. (B) All open -run areas shall be completely surrounded by a six -foot fence set back at least twenty feet from all property lines. (C) No commercial signs or other appearances advertising kennel are permitted on the property. (D) The director may require additional setback, fencing, screening, or soundproofing requirements as he deems necessary to insure the compatibility of the hobby kennel with surrounding development. (E) The hobby kennel shall limit dog and cat reproduction to no more than twelve offspring per license per year. (F) Each animal in the hobby kennel shall have current and proper immunization for disease according to the animal's species and age. For dogs, such shall consist of DHL inoculation for dogs over three months of age and rabies inoculations for those over six months of age. (G) License Issuance and Maintenance. A hobby kennel license shall be issued after the director is satisfied that the requirements of Sections 7.04.090 7.04.160 have been met. The license will continue in full force throughout the license year unless, at anytime, the hobby kennel is maintained in such a manner as to: (a) exceed the number of dogs and cats allowed at the hobby kennel by the animal control Section; or (b) fail to comply with any of the requirements of Sections 7.04.090 7.04.160. (H) Compliance. All hobby kennels shall comply with the provisions of Sections 7.04.090 through 7.04.160. 7.04.120 Shelter, Hobby Kennel, Kennel and Pet Shop- Reports. Each animal shelter, hobby kennel, kennel, or pet shop shall provide a list to the animal control authority, quarterly, based upon the calendar year, of all dogs and cats auctioned off, given away, sold or otherwise disposed of. The list shall -5- include the origin, the age and type of dog or cat and the name and address of the person to whom the dog or cat was given or purveyed. 7.04.130 Shelter, Kennel and Pet Shop-- Inspection Unsanitary Conditions. (A) It shall be the duty of the director of his agent of the Seattle -King County Department of Public Health or the animal control authority to make or cause to be made such inspections as may be necessary to insure compliance with this chapter. The owner or keeper of an animal shelter, hobby kennel, kennel or pet shop shall admit to the premises, for the purpose of making an inspection, any officer, agent or employee of the Seattle -King County department of public health or animal control authority at any reasonable time that admission is requested. (B) It is unlawful to keep, use or maintain within the City of Tukwila any animal shelter, hobby kennel, kennel or pet shop that is unsanitary, nauseous, foul or offensive, or in any way detrimental to public health and /or safety and not in compliance with Sections 7.04.120, 7.04.140, 7.04.150 or 7.04.160. Maintenance of such conditions may be cause for revocation or denial of the license. 7.04.140 Shelter, kennel, and pet shop General regulations. (A) Animal shelters, kennels, and pet shops shall meet the following conditions: JEH00609O;0042.130.001 (1) Housing facilities shall be provided for the animals, and such shall be structurally sound, maintained in good repair, designed so as to protect the animals from injury, and shall contain the animals and 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 by insects, rodents or disease, and from obnoxious or foul odors. (5) Washroon facilities, including sinks and toilets, with hot and cold water, must be conveniently available for cleaning purposes, and a large sink or tub provided for the purpose of washing utensils, equipment, and facilities. (6) Sick animals shall be separated from those appearing health and normal, and if for sale, shall be removed from display and sale. Sick animals shall be kept in isolation quarters with adequate -6-- 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 held for sale of display in that shop or department. (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 shall knowingly sell a sick or injured animal or bird or misrepresent an animal or bird to a consumer in any way. (10) Adequate care and feeding instructions must be given to each purchaser of an animal or bird and must be in writing. 7.04.150 Shelter, hobby kennel, kennel and pet shop Indoor facilities. Animal shelters, hobby kennels, kennels and pet shops which have indoor housing facilities for animals and birds shall: (A) Be sufficiently heated or cooled to protect such animals from temperatures to which they are not normally acclimatized; (B) Be adequately ventilated to provide for the health of animals contained therein and to assist in the removal of foul and obnoxious odors. Provisions shall be made so that the volume of air within any enclosed door facility shall be changed three times or more each hour. This may be accomplished through the location and periodic opening of doors and windows. If fans or ventilating equipment are used, they shall be constructed in conformance with current standards of good engineering practice with respect to noise and minimization of drafts; (C) Have sufficient natural or artificial lighting to permit routine inspection and cleaning at any time of day. In addition, sufficient natural or artificial lighting shall be supplied in the area of sinks and toilets to provide for the hygiene of animal caretakers; (D) Have interior wall and ceiling surfaces constructed of materials which are resistant to the absorption of female moisture and odors, or such surfaces shall be treated with a sealant or paint when the materials are not originally resistant to moisture or odors. Floor surfaces shall not be made of unsealed wood. In addition, interior walls shall be constructed so that the interface with floor surfaces is sealed from the flow or accumulation of moisture or debris; and (E) Contain a drainage system which shall be connected to a sanitary sewer or septic tank system which conforms to the standards of building codes in force within the county and city, and which system shall be designed to remove water and excreta rapidly in the cleaning of such indoor housing facility under any condition of weather or temperature. 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. 7.04.160 Shelter, hobby kennel, kennel and pet shop JEH006090;0042.130.001 -7-- Outdoor facilities. Animal shelters, hobby kennels, kennels and pet shops which have outdoor facilities for animals and birds shall: (A) Be constructed to provide shelter from excessive sunlight, rain, snow, wind and 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 be designed to facilitate the removal of animal and food wastes; and (C) Be constructed with adequate walls or fences to contain the animals kept therein and to prevent the entrance of other animals. 7.04.170 Grooming parlor License and Fee. It is unlawful for any person to keep or maintain any grooming parlor without first obtaining a valid and subsisting license therefore. A fee of one hundred dollars for such license shall be assessed. However, if the grooming parlor is operated as a part of the business of a kennel or a pet shop, a fee of fifty dollars shall be assessed. Such fee shall be in addition to the fee established for a kennel or pet shop license. No license shall be issued by the animal control authority until a letter from the Tukwila Planning Department has been presented consistent with Section 7.04.090(A). 7.04.180 Grooming Parlor General Regulations. (A) Grooming parlors shall: JEH006090;0042.130.001 (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 province of a licensed veterinarian as provided in RCW 18.92.010; (6) Not put more than one animal in each cage; (7) All floors and walls in rooms, pens, and cages used to retain animals or in areas where animals are clipped, groomed, or treated must be constructed of water impervious material that can be readily cleaned, and must be maintained in good repair; (8) Hot and cold water must be conveniently available and a large sink or tub provided, of which the minimum size shall be as required by the animal control authority; (9) Toilet and handwashing facilities with hot and cold running water must be conveniently available for the personnel employed. (10) Only equipment necessary to the operation of the licensed establishment shall be kept or stored -8-- JEH00609O;0042.130.001 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. 7.04.190 Shelter, hobby kennel, pet shop and grooming parlor additional regulations. The director of the animal control authority is authorized to promulgate rules and regulations, not in conflict with this chapter, as they pertain to the conditions and operations of animal shelters, hobby kennels, kennels, pet shops and grooming parlors. Such rules and regulations may be enacted only after a public hearing has been held for such purpose. Enforcement of these rules and regulations may be appealed to the county board of appeals. 7.04.200 Shelter, hobby kennel, kennel, pet shop and grooming parlor License suspension, revocation or refusal. The animal control authority may, in addition to other penalties provided herein, revoke, suspend or refuse to renew any animal shelter, hobby kennel, kennel, grooming parlor or pet shop license upon good cause or for failure to comply with any provision of this chapter. However, enforcement of such revocation, suspension or refusal shall be stayed during the pendency of an appeal filed pursuant to Section 7.04.280. 7.04.210 Shelter, kennel, pet shop, and grooming parlor License Issuance restriction. No applicant shall be issued an animal shelter, hobby kennel, kennel, grooming parlor, or pet shop license who has previously had such license revoked or a renewal refused for a period of one year after the date of revocation or refusal and until such applicant meets the requirements contained in Sections 7.04.090, 7.04.120 and 7.04.140 through 7.04.160, or any other provision of this chapter, to the satisfaction of the animal control authority. 7.04.220 Enforcement authority. (A) The director of the animal control authority and his authorized animal control officers are authorized to take such lawful action as may be required to enforce the provisions of this Chapter and the laws of the State of Washington as they pertain to animal cruelty, shelter, welfare, and enforcement of control. (B) The director of the animal control authority or his authorized animal control officer shall not enter a building designated for and used for private purposes, unless the officer has reasonable cause to believe an animal is being maintained in the building in violation of this chapter. (C) The director of the animal control authority and his authorized animal control officers, while pursuing any animal observed by the officer to be in violation of this chapter, or during investigations for unlicensed animals, may enter upon any public or private property, except any building designated for and used for private purposes, for the purpose of abating the animal violation being pursued or the licensing of animals. (D) No person shall deny, prevent, obstruct, or attempt to deny, prevent, or obstruct an 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 director or his authorized animal control officer to enter private property to perform any duty imposed by this chapter. Any person violating this subsection is guilty of a misdemeanor. -9_ JEH00609O;0042.130.001 7.04.230 Impoundment procedure Redemption Destruction, or adoption of animal. (A) The director of the animal control authority and his authorized representatives may apprehend any animals found doing any of the acts defined as a public nuisance and /or being subject to cruel treatment as defined by law. After such animals are apprehended, the animal control authority shall ascertain whether they are licensed or otherwise identifiable, and if reasonably possible, return the animal to the owner together with a notice of violation of this chapter. If it is not reasonably possible to immediately return the animal to its owner, the animal control authority shall notify the owner within a reasonable time by regular mail or telephone that the animal has been impounded and may be redeemed. (B) Holding Period. Any currently licensed animal impounded pursuant to this chapter shall be held for the owner at least one hundred twenty hours, after posting of the notification of impoundment by regular mail or after telephone contact by the impounding agency; any other animal impounded pursuant to this chapter shall be held for its owner at least seventy -two hours from the time of impoundment. (C) Injured or Diseased Animals. Any animal suffering from serious injury or disease may be humanely destroyed, or, in the discretion of the impounding authority, may be held for any period and redeemed by any person on payment of charges not exceeding those prescribed herein. (D) Animals not Redeemed. Any animal not redeemed shall be treated in one of the following ways: (1) Made available for adoption at a fee established by the animal control authority which shall be equal to that imposed by King County for such adoptions. (a) Any person may adopt an animal impounded pursuant to the provisions contained in this chapter when all billable costs, redemption fees, penalties, and boarding costs incurred in such impoundment are made payable to the county finance director, which may be accepted by the animal control authority acting as agent for the county. (b) There shall be a spay /neuter deposit on all adopted animals in an amount established by the animal control authority which shall be the same as that imposed by King County for such deposits. All dogs and cats adopted from the King County Animal Shelter shall be spayed or neutered within 30 days from the date of adoption, or the age of 6 months for females, or 9 months for males, whichever comes last. This deposit will be returned to the adopting person upon submission of proof that the sterilization was performed within applicable time period. (c) The director shall have the authority to set administration rules regarding the adoption of animals from the county shelters. (2) Humanely destroyed by euthanasia. -1 (E) The animal control authority shall not sell any animals for the purposes of medical research to any research institute or any other purchasers. 7.04.235 Waiver of Fees and Penalties. (A) The director has the authority to waive licensing fees, late licensing penalty fees, and redemption and sheltering fees, in whole or in part, when to do so would further the goals of the animal control Section and be in the public interest. (B) In determining whether a waiver should apply, the director must take into consideration the following elements: JEH00609O;0042.130.001 (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; and (4) The effect on the owner, the animal's welfare and the animal control Section if the fee(s) or penalties are not waived and no payment is received. 7.04.240 Enforcement Other remedies. Notwithstanding the existence of use of any other remedy, the director of the animal control authority may seek legal or equitable relief to enjoin any acts or practices and abate any conditions which constitute a violation of this code or other regulations herein adopted. 7.04.250 Nuisance defined violation. For purposes of this Chapter, nuisances are violations of this chapter and shall be defined as follows: (A) Any public nuisance relating to animal control known at common law or in equity jurisprudence; (B) Any dog running at large within the city; (C) Any domesticated animal, whether licensed or not, which runs at large in any park, or enters 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 a public beach when such animal is on a leash, tether or chain not to exceed eight feet in length. This subsection shall not apply to any blind person using a trained seeing -eye dog, to animal shows, exhibitions or organized dog training classes where at least twenty -four hours advance notice has been given to the animal control authority by such persons requesting to hold such animal shows, exhibitions, or dog- training classes; (D) Any animal which enters any place where food is stored, prepared, served or sold to the public, or any other public building or hall. However, this subsection shall not apply to any blind person using a trained seeing -eye dog, to veterinary offices or hospitals, or to animal shows, exhibitions or organized dog- training classes where at least twenty -four hours advance notice has been given to the animal control authority by such persons, requesting to hold such animal shows, exhibitions or dog- training classes; (E) A female domesticated animal, whether licensed or not, while in heat, accessible to other animals for purposes other than controlled and planned breeding; (F) Any domesticated animal which chases, ,runs after or jumps at vehicles using the public streets and alleys; (G) Any domesticated animal which habitually snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets, alleys or other public ways; (H) Any animal which has exhibited vicious propensities and which constitutes a danger to the safety of persons or property off his premises or lawfully on his premises; provided that, in addition to other remedies and penalties, the provisions of this chapter relating to vicious animals and dangerous dogs shall apply; (I) A vicious animal or animal with vicious propensities and which runs at large at any time, or which animals is off the owner's premises not securely leashed on a line or confined and in the control of a person of suitable age and discretion to control or restrain such animal; provided that in addition to other remedies and penalities; the provisions of this chapter relating to dangerous dogs and vicious animals shall apply; (J) Any domesticated animal which howls, yelps, whines, barks or makes other oral noises, in such a manner as to disturb any person or neighborhood to an unreasonable degree; (K) Any domesticated animal which enters upon another person's property without the permission of that person; (L) Animals staked, tethered or kept on public property without prior written consent of the county animal control authority; (M) Animals on any public property not under control of the owner or other competent person; (N) Animals kept, harbored or maintained and know to have a contagious disease unless under the treatment of a licensed veterinarian; (0) Animals running in packs. 7.04.255 Nuisances Vicious Animals. (A) Vicious Animals. Any animals, declared by the director to be vicious pursuant to the definition in this chapter, may be kept, harbored or maintained in the City of Tukwila only upon compliance with those requirements prescribed by the director. In prescribing those requirements, the director must take into consideration the following factors: JEH00609O;0042.130.001 (1) The breed of the animal and its characteristics; (2) The physical size of the animal; (3) The number of animals in the owner's home; (4) The zoning involved, size of the lot where the animal resides, the number and proximity of neighbors; (5) The existing control factors, including but -12- not limited to, fencing, caging, runs and staking locations; (6) The nature of the behavior giving rise to the director's determination that the animal is vicious: (a) Extent of injury(ies); (b) Circumstances, e.g., time of day, on /off property, provocation instinct; (c) Circumstances surrounding the result and complaint, e.g., neighborhood disputes, identification, credibility and complaints, and witnesses. (B) Requirements. Requirements which may be prescribed include, but are not limited to the following: (1) Erection of additional or new fencing adequate to keep the animal within the confines of its property; (5) Removal of the animal from the City within forty -eight hours from receipt of such notice. (C) Penalty. Failure to comply with any requirement prescribed by the director pursuant to this Section constitutes a misdemeanor and the penalty continued in Tukwila Municipal Code Section 1.08.010 shall apply. Such animal shall not be kept in the City of Tukwila forty -eight hours after receiving written notice from the director. Such animal or animals found in violation of this Section will be impounded and disposed of as an unredeemed animal, and the owner or keeper of such animal(s) has no right to redeem such animal or animals. 7.04.257 Dangerous dogs Registration, prohibitions, etc. (A) Licensing. In addition to any license required under the provisions of this title, all dog owners who are required to obtain a "certificate of registration" pursuant to the dangerous dog provisions of RCW 16.08, must obtain a "City of Tukwila Dangerous Dog Certificate of Registration." The applicant shall apply for such certificate upon forms supplied by the City Clerk and pay an annual fee of $200, which shall not be prorated for any part of a year. A copy of a valid "certificate of registration" issued pursuant to RCW 16.08 shall be attached to the application. The "City of Tukwila Dangerous Dog Certificate of Registration" shall be issued upon completing the requirements of this Section. (B) It is unlawful for an owner to have a dangerous dog in the City of Tukwila without a "certificate of registration" as required by RCW 16.08 and a "City of JEH00609O;0042.130.001 (2) Construction of a run within which the animal is to be kept. Dimensions of the run will be consistent with the size of the animal; (3) Keeping the animal on a leash adequate to control the animal, the length and location to be determined by the director. When unattended the leash may be securely fastened to secure object; (4) Maintenance of the animal indoors at all times, except when personally controlled on a leash adequate to control the animal by the owner or a competent person at least fifteen (15) years of age; -13- Tukwila Dangerous Dog Certificate of Registration" as required by this Section. (C) It is unlawful for an owner of a dangerous dog to permit the dog to be outside the "proper enclosure" as defined in RCW 16.08, unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to this dog nor interfere with its vision or respiration but shall prevent it from biting any person or animal. The owner of a dangerous dog shall further be required to post the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog. (D) Any dog shall be immediately confiscated by the animal control authority if: (1) The dog is not validly registered under this Section and RCW 16.08; (2) The owner does not secure the liability insurance coverage or surety bonds as required by RCW 16.08; (3) The dog is not maintained in the proper enclosure; or (4) The dog is outside of the dwelling or the owner or outside of the proper enclosure and not under physical restraint of the responsible person. Any dangerous dog confiscated under this Section will be disposed of as an unredeemed animal and the owner has no right to redeem such dog. (E) The provisions of this Section shall not apply to dogs used by law enforcement officials for police work. 7.04.260 Cruelty to animals Unlawful. It is unlawful for any person to: (A) Wilfully and cruelly injure or kill any animal by any means causing it fright or pain; (B) By reason of neglect or intent to cause or allow any animal to endure pain, suffering or injury, or to fail or neglect to aid or attempt to alleviation of pain, suffering or injury he has so caused to any animal; (C) Lay out or expose any kind of poison, or to leave exposed any poison food or drink for man, animal or fowl, or any substance or fluid whatever or wherein there is deposited or mingled any kind of poison, or poisonous or deadly substance or fluid whatever, on any premises, or in any unenclosed place, or to aid or abet any person in so doing, unless in accordance with the provisions of RCW 16.52.190; (D) Abandon any domestic animal by dropping off or leaving such animal on the street, road or highway, or in any other public place, or on the private property of another. 7.04.270 Violation Abatement procedure. (A) Whenever the director of authorized animal control officer has found an animal maintained in violation of JEH00609O;0042.130.001 -14- this codes, the director of the animal control authority shall commence proceeding to cause the abatement of each violation, provided that the abatement and removal procedures of this Section shall not apply to the vicious animal or dangerous dog removal procedures contained in this Chapter. (B) The director or authorized animal control officer shall issue a notice and order directed to the owner or the person presumed to be the owner of the animal maintained in violation of this Chapter. The notice and order shall contain: JEH006090;0042.130.001 (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 a description sufficient for identification of the animal in violation; (3) A statement that the director or authorized animal control officer has found the animal maintained illegally, with a brief and concise description of the conditions found to render the animal in violation of this chapter; (4) A statement of the action required to be taken by the animal control authority: (a) If the director has determined the animal must be abated, the order shall require the abatement to be completed within a certain time from the date of the order, as determined by the director to be reasonable. (b) If the director of the animal control authority has determined to assess a civil penalty, the order shall require that the penalty shall be paid within fourteen days from the date of the order. (5) Statements advising that if any required abatement is not commenced within the time specified, the director of the animal control authority will proceed to cause abatement and charge the costs thereof against the owner: (6) Statements advising that: (a) A person having legal interest in the animal may appeal from the notice and order or any action of the director of the animal control authority to the board of appeals, provided the appeal is made in writing, as provided by this Chapter, and filed with the director of the animal control authority within fourteen days from the date of service of such notice and order; and (b) Failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. (C) The notice and order shall be served on the owner or presumed owner of the animal in violation. (D) Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to the person at his address as it appears on the last -15- equalized assessment roll of the county. (E) Proof or service of the notice and order shall be made at the time of service by a written declaration, under penalty of perjury executed by the person effecting service declaring the time, date, and manner in which service was made. (F) The standards of this Chapter shall be followed by the director of the animal control authority in determining the existence of an animal control violation and in determining the abatement action required. 7.04.280 Appeal procedure Form and notice Hearing. (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 the actions of the director of the animal control authority pursuant to this Chapter. The board may adopt reasonable rules or regulations for conducting its business. Copies of all rules and regulations adopted by the board shall be delivered to the director of the animal control authority, who shall make them freely and accessible to the public. All decisions and findings of the board shall be rendered to the appellant in writing and a copy sent to the director of the animal control authority. (B) Any person entitled to service under subsection (b) of Section 7.04.270 or Section 7.04.300 may appeal from any notice and order or any action of the director of the animal control authority under this chapter by filing at the office of the director of the animal control authority within fourteen days from the date of the service of such order, or within 48 hours of a notice under section 7.04.300, 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. (C) The board of appeals shall set a time and place, not more than thirty days from such notice of appeal, for a hearing thereon. Written notice of the time and place of hearing shall be given at least ten days prior to the date of the hearing to each appellant by the manager -clerk of the board. (D) At the hearing, the appellant shall be entitled to appear in person, be represented by the counsel and offer such evidence pertinent and material to the action of the director. Only those matters or issues specifically raise by the appellant in the written notice of appeal shall be considered. (E) Failure of any person to file an appeal in accordance with this section shall constitute a waiver of his right to an administrative hearing. (F) Enforcement of any notice and order of the director JEH006090;0042.130.001 -16- of the animal control authority issued under this Chapter shall be stayed pending an appeal, except for impoundment of an animal which is vicious, dangerous, or cruelly treated. 7.04.290 Redemption Procedures. Any animal impounded pursuant to the provisions of Section 7.04.230 may be redeemed upon payment of the redemption fee as provided herein. The redemption fee for dogs and cats shall be twenty -five dollars ($25.00) for each dog or cat on the first offense, forty dollars ($40.00) on the second offense, within one year of the first offense, and fifty -five dollars ($55.00) on the third offense, within one year of the first offense. Owners of impounded licensed dogs or cars shall be charged on the second offense at the second offense rate. An additional fee of five dollars during which such dog or cat is retained by the impounding agency fee for livestock shall be fifty dollars ($50.00) per animal impound incident, plus any hauling or boarding costs due. Livestock not redeemed may be sold at public auction by the impounding agency. The hauling and boarding costs for livestock impounded shall be in accordance with the rate established by contract between the county and the given stockyard used for holding such animal. 7.04.300 Violations Abatement and removal authorized. (A) Whenever the director or authorized animal control officer has found an animal maintained in violation of this title, the director of the animal control authority shall commence proceedings to cause the abatement and removal procedures of this section shall not apply to the vicious animal or dangerous dog removal procedures contained in this chapter. (B) Any animal constituting a public nuisance as provided in this chapter shall be abated and removed from the City of Tukwila by the owner or by the director of the animal control authority, or his authorized animal control officer, upon receipt of three notices and orders of violation by the owner in any one -year period. Where it is established by record pursuant to this 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 director of the animal control authority shall notify and direct the owner of the animal to abate or remove the same from the city and county within ninety -six hours from the date of the notice. If such animal is found to be within the confines of the city after ninety -six hours have elapsed from the date of notice, the same shall be abated and removed by the director of the animal control authority. Animals removed pursuant to the provisions of this section shall be removed from the city or be subjected to euthanasia by the animal control authority. (C) Any dog or other animal which bites, attacks, or attempts to bite one or more persons two or more times within a two -year period is declared to be a public nuisance and shall not be kept within the city forty eight hours after receiving written notice from the director, or his authorized animal control officer. such animal or animals found in violation of this section will be impounded and disposed of as an unredeemed animal, and the owner or keeper of such animal(s) has not right to redeem such dog or animal. 7.04.310 Civil penalty and cost of abatement Collection. The civil penalty described in Section 7.04.350 and the cost of abatement are also personal obligations of the animal owner. The prosecuting attorney on behalf of King County or the city attorney may collect the civil penalty and the abatement JEH00609O;0042.130.001 -17- work costs by use of all appropriate legal remedies. 7.04.320 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 or the prosecuting 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. 7.04.330 Criminal penalties. Unless otherwise provided, any person who violates the provisions of this chapter, where the violation does not constitute a felony offense under the provisions of RCW 16.08, shall be guilty of a misdemeanor and the penalties contained in Tukwila Municipal Code Section 1.08.010 shall apply. 7.04.350 Violation -Civil penalty. In addition to any other penalty provided in this title or by law, any person whose animal is maintained in violation of this title shall incur a civil penalty plus billable costs of the animal control authority. The penalty shall be fifty dollars for the first notice of violation, fifty dollars for the second violation in any one -year period, and seventy -five dollars for each successive violation in any one -year period. Section 2. The provisions of this ordinance do not apply to or govern the construction of a punishment for any offense committed prior to the effective date of this ordinance, or to the construction and application of any defense to a prosecution for such an offense. Any such offense shall be construed and punished according to the provisions of the law existing at the time of the commission thereof in the same manner as if this title had not been enacted. Section 3. Repealer. Ordinances No. 968, 96`9, and 1157 are hereby repealed. Section 4. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity of unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 5. This ordinance shall take effect and be in full force five (5) days after publication of the attached summary which is hereby approved. PASSED BY the City Council of the City of Tukwila, JEH00609O;0042.130.001 -18- Washington, at a regular meeting thereof this day of �C.,,CA4 1988. ATTEST /AUTHENTICATED: CITY CLERK, MAXINE ANDERSON APPRO D AS TO FORM: OFFI OF THE CITY ATORNEY BY FI D WITH THE CITY CLERK: 3 7 g8 PASSED BY THE CITY COUNCIL: 3 PUBLISHED: g- EFFECTIVE DATE: DATE:.25 ORDINANCE NO. /453 JEH00609O;0042.130.001 -19- APPROVED: MAY C ,RY VANDUSEN SUMMARY OF ORDINANCE NO. /4 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING CHAPTER 7.04 OF THE TUKWILA MUNICIPAL CODE, ENTITLED "ANIMAL," TO ADD THE DANGEROUS DOG REGULATIONS ADOPTED BY THE STATE OF WASHINGTON AND MAKE THE ANIMAL CONTROL PROVISIONS CONSISTENT WITH THOSE ADOPTED BY KING COUNTY: AND REPEALING ORDINANCE NOS. 968, 979, AND 1157. On ;WaApc,e44 '7 1988, the City Council of the City of Tukwila passed Ordinance nce No. which provides as follows: Section 1. Amends Chapter 7.04 of the Tukwila Municipal Code to read as summarized below: 7.04.010. Declares the purpose of the Chapter. 7.04.020. Defines terms. 7.04.030. Requires dogs and cats to be licensed. 7.04.040. Establishes fees for annual dog and cat licenses. 7.04.050. Provides for late penalties to be assessed as established by King County. 7.04.060. Exempts certain dogs and cats from the provisions of the Chapter. 7.04.080. Requires shelters, kennels, and pet shops to be licensed. 7.04.090. Requires shelters and kennels to comply with the zoning and health inspection requirements. 7.04.100. Establishes hobby kennel license fees. 7.04.110. Sets forth general regulations for hobby kennels. 7.04.120. Requires certain reports to be made by shelters, kennels, and pet shops. 7.04.130. Prohibits unsanitary conditions and calls for inspection of shelters, kennels, and pet shops. 7.04.140. Provides general regulations for shelters, kennels, and pet shops. 7.04.150. Provides standards for indoor facilities in shelters, kennels, and pet shops. 7.04.160. Provides standards for outdoor facilities for shelters, kennels, and pet shops. 7.04.170. Requires grooming parlors to be licensed. 7.04.180. Provides general regulations for grooming parlors. 7.04.190. Sets forth additional regulations for shelters, hobby kennels, pet shops, and grooming parlors. 7.04.200. Provides procedures and grounds for the suspension, revocation, or refusal of licenses. 7.04.210. Sets forth restrictions on the issuance of shelter, kennel, pet shop, and grooming parlor licenses. 7.04.220. Designates King County Animal Control as the enforcement authority. 7.04.230. Provides impoundment procedures. 7.04.235. Allows the director to waive fees and penalties under certain circumstances. 7.04.240. Provides for enforcement through other remedies. 7.04.250. Defines nuisances. 7.04.255. Prohibits the keeping of vicious animals, except in compliance with the Chapter. Prescribes the following penalty for violation: Penalty. Failure to comply with any requirement prescribed by the director pursuant to this section constitutes a misdemeanor and the penalty containl.ed in Tukwila Municipal Code Section 1.08.010 shall apply. Such animal shall not be kept in the City of Tukwila forty -eight hours after receiving written notice from the director. Such animal or animals found in violation of this section will be impounded and disposed of as an unredeemed animal, and the owner or keeper of such animal(s) has no right to redeem such animal or animals. 7.04.257. Requires dangerous dogs to be registered and prohibits the keeping of dangerous dogs under certain circumstances. 7.04.260. Prohibits cruelty to animals. 7.04.260. Allows abatement of violations. 7.04.280. Allows aggrieved parties to appeal determinations by the director. 7.04.290. Provides redemption procedures. 7.04.300. Provides for abatement and removal of animals found to be nuisances. 7.04.310. Provides for collection of civil penalties. 7.04.320. Provides for costs and disbursement and ab tpmpnt rt4ons. 7.04.330. Criminal Penalties. Unless otherwise provided, any person who violates the provisions of this chapter, where the violation does not constitute a felony offense under the provisions of RCW 16.087, shall be guilty of a misdemeanor and the penalties contained in Tukwila Municipal Code Section 1.08.010 shall apply. 7.04.350. Violation -Civil Penalty. In addition to any other penalty provided in this title or by law, any person whose animal is maintained in violation of this title shall incur a civil penalty plus billable costs of the animal control authority. The penalty shall be fifty dollars for the first notice of violation, fifty dollars for the second violation in any one -year period, and seventy -five dollars for each successive violation in any one -year period. Section 2. Provides that the Ordinance applies only prospectively. Section 3. Repeals Ordinance Nos. 968,979, and 1157. Section 4. Provides for severability. Section 5. Establishes an effective date. The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the City Council at their meeting of >Ascei 7, 1988. PUBLISHED VALLEY DAILY NEWS 3/13/88 A. 4Ec� "CITY CLERK, MAXINE ANDERSON