HomeMy WebLinkAboutOrd 0968 - Animal Control (Repealed by Ord 1453)
979 Article 1 §1, Article 11 §1-3, 4(a), 10,
Article 111 §12, 13 1453
1157 Article 1 §3(15), 3(17),
Article 111 §4, 7(b), 10
1418 Article 111 §3
s ORDINANCE 968
0191641ta
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON
REPEALING ORDINANCES NUMBERED 188, 571 and 750
OF THE CITY RELATING TO THE KEEPING OF DOGS AND
CONTROLLING ERRANT ANIMAL BEHAVIOR AND TO PREVENT
THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON
DOES ORDAIN AS FOLLOWS:
ARTICLE I GENERAL PROVISION
Section 1. Repealer.
The provisions of the City of Tukwila Ordinances Nos.
188, 571 and 750 are hereby repealed.
Section 2. Purpose.
It is declared the public policy of the City to secure
and maintain such levels of animal control as will protect
human health and safety, and to the greatest degree practi-
cable to prevent injury to property and cruelty to animal
life. To this end, it is the purpose of this ordinance to
provide a means of licensing dogs, and cats, animal shelters,
hobby kennels, kennels and pet shops and controlling errant
animal behavior so that it shall not become a public nuisance
and to prevent cruelty to animals.
Section 3. Definitions.
In construing the provisions of this chapter except where
otherwise plainly declared or clearly apparent from the context,
words used herein shall be given their common ordinary meaning;
in addition, the following definitions shall apply:
(1) "Abatement" means the termination of any vio-
lation by reasonable and lawful means determined by the Director
of the Animal Control Authority in order that a person or a
person presumed to be the owner shall comply with this chapter.
(2) "Animal" means any living creature except man,
insect and worms.
(3) "Animal Control Authority" means the King
County Animal Division, Department of General Services,
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acting alone or in concert with the City of Tukwila for
enforcement of the animal control laws of the City, county
and state and the shelter and welfare of animals.
(4) "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 chapter of any other law or ordinance relating to the
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
duties in whole or in part include assignments which involve
the seizure and taking into custody of any animal.
(5) "Domesticated animal" means those domestic
beasts as any dog, cat, rabbit, horse, mule, ass, bovine
animal, lamb, goat, sheep or hog, or other animal made to
be domestic.
(6) "Euthanasia" means the humane destruction of
an animal; accomplished by a method that involves instan-
taneous unconsciousness and immediate death, or by a method
that causes painless loss of consciousness, and death during
such loss of consciousness.
(7) "Grooming parlor" means any place or establish-
ment, public or private, where animals are bathed, clipped or
combed whether or not for compensation, for the purpose of
enhancing their aesthetic value.
(8) "Hobby Kennel" means a noncommercial kennel at
or adjoining a private residence where five or more adult
animals are bred and /or kept for hunting, training and exhibi-
tion for organized shows, field, working and /or obedience
trails or for enjoyment of the species.
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(9) "Kennel" means a place where four or more adult
dog or cats or any combination thereof are kept, whether by
owners of the dogs and coats 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.
(10) "Livestock" means horses, bovine animals, sheep,
goats, swine, reindeer, donkeys and mules.
(11) "Owner" means any person having an interest
in or right of possession to an animal or any person having
control, custody or possession of an animal, or by reason of
the animal's being seen residing consistently at a location,
shall be presumed to be the owner.
(12) "Packs of dogs" shall consist of a group of
three or more dogs running upon either public or private prop-
erty not that of its owner in a state in which either its con-
trol or ownership is in doubt or cannot readily be ascertained,
and when such dogs are not restrained or controlled.
(13) "Person" means any individual, partnership,
firm, joint stock company, corporation, association, trust,
estate or other legal entity.
(14) "Pet Shop" means a person or establishment that,
acquires live animals, including birds, reptiles, fowl and fish
bred by other whether as owner, agent, or on consignment, sells,
offers to sell such live animals including birds, reptiles,
fowl and fish to the public or to retail outlets and /or a
person or establishment that derives more than 20 percent of
gross income from the sale of pet supplies.
(15) "Running at large" means to be off the premises
of the owner and not under the control of the owner or competent
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person authorized by the owner over fifteen years of age, either
by leash or verbal voice and /or signal control.
(16) "Shelter" means a facility which is used to
house or contain stray, homeless, abandoned or unwanted
animals and which is owned, operated or maintained by a
public body, an 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.
(17) "Under control" means the animal is under
voice andor signal control so as to be thereby 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.
(18) "Vicious" means the propensity to do any
act that might endanger the safety of any person, animal or
property of another, including, but not limited to, a
disposition to mischief or fierceness as might occasionally
lead to attach on human beings without provocation, whether
in play or outbreak of untrained nature.
Section 4. Severability.
Should any section, subsection, paragraph, sentence,
clause or phrase of this ordinance be declared unconstitu-
tional or invalid for any reason, such decision shall not
affect the validity of the remaining portions of this
ordinance.
ARTICLE II LICENSING
Section 1. Dog and Cat Licenses Required.
(1) License requirements. All dogs and cats,
harbored, kept, or maintained in the City of Tukwila over four
months of age shall be licensed and registered annually;
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provided, however, that dogs kept in kennels need not be
licensed annually while kept at such kennel and while such
kennel is duly licensed as provided in Article II, Section
2 herein.
(2) Fees. Dog and cat licenses shall be issued
by the Animal Control Authority upon application and payment
of an annual license fee made payable to the County Treasurer
in the sum of $6.00 for dogs and $3.00 for cats. The annual
license fee shall become due and payable on January 1st of
each year. Applications for a dog or cat license shall be on
forms provided by the Animal Control Authority. No proration
of a license fee for a portion of the calendar year shall be
made. All license tags issued herein shall be securely affixed
to a substantial collar harness or other means which shall be
worn by the dog at all times. As an alternative to a license
tag, an animal may be identified 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.
(3) Penalty. A late penalty in the sum of $2.00
shall be charged on all applications received after January 31
of each year; provided, however, that a dog or cat acquired
during the year shall be licensed within 30 days from the date
of its acquisition and in such cases the late penalty shall be
charged only on applications received after the expiration of
that 30 -day period.
(4) Fees Collected. All fees and fines collected
under this ordinance shall be deposited in the County Current
Expenses Fund.
(5) Non Applicability. The provisions of this
section shall not apply to dogs or cats in the custody of a
veterinarian or Animal Shelter or whose owners are nonresidents
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temporarily within the City for a period not exceeding 30 days.
The fees contained herein shall become effective beginning
with the 1975 license year.
Section 2. Animal Shelter, Kennel and Pet Shop License
Required.
It is unlawful for any person to keep or maintain any animal
shelter, kennel, or pet shop within the City of Tukwila without
first obtaining a valid and subsisting license therefor. A
fee of $75.00 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 ordinance shall be
conspicuously displayed at the establishment to which such
license was issued. The license shall be dated and numbered
and shall bear the name of Tukwila, Washington, and the name
and address of the owner or keeper of the establishment, and
the expiration date of the license. The license shall run
for a period of one year from the date of purchase.
Section 3. Animal Shelter, Hobby Kennel and Kennel
License Information Required.
(1) Zoning Compliance. The applicant for an
original animal shelter 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 vio-
lation of the Tukwila zoning codes, has a legal nonconform-
ing zoning status, or a conditional use permit has been issued
for the intended use.
(2) Health Inspection. Before an animal
shelter or kennel license may be issued by the Animal Con-
trol Authority, a certificate of inspection from the Seattle
King County Health Department or King County Animal Control
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Division must be issued showing that the animal shelter or
kennel is in compliance with this Ordinance.
Section 4. Hobby Kennel License Required.
(a) License Required. It is unlawful for any
person to keep and maintain any dog or cat within the
City for the purposes of a hobby kennel without obtaining
a valid and subsisting license therefor. The fee for such
license shall be assessed upon the owner or keeper of such
animals and shall be $10.00 for each three animals or portion
thereof. In addition, each animal shall be licensed indi-
vidually under provisions of this Ordinance.
(b) Limitation on Number of Dogs and Cats Allowed.
The total number of dogs and cats over four months of age
kept by a hobby kennel shall not exceed the total number
authorized by the King County Animal Control Division based
on the following guidelines:
(1) 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 or
the breed and the amount of lot area; provided that the
maximum number shall not exceed 10 where the lot area con-
tains 35,000 square feet or more and the maximum number shall
not exceed 5 where the lot area is less than 35,000 square
feet;
(2) All open run areas shall be completely
surrounded by a 6 -foot fence set back at least 20 feet from
all property lines;
(3) No commercial signs or other appearances
advertising kennel are permitted on the property;
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(4) The Director may require additional set-
back, fencing, screening, or soundproofing requirements as he
deems necessary to insure the compatibility of the hobby
kennel with surrounding development.
(5) The hobby kennel shall limit dog and cat
reproduction to no more than 12 offspring per license year.
(6) 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 consit of
DHL inoculation for dogs over three months of age and rabies
inoculations for those over 6 months of age.
Section 5. Animal Shelters, Hobby Kennels, Kennels,
and Pet Shops Reporting Required.
Each animal shelter, 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 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.
Section 6. Animal Shelters, Hobby Kennels, Kennels,
and Pet Shops Inspection.
(a) Inpection. It shall be the duty of the
Director or his agent of the Seattle -King County Department
of Public Health or the Animal Control Authority to make or
cause to be made such inspections as may be necessary to
insure compliance with this Ordinance. The owner or keeper
of an animal shelter, 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
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Department of Public Health or Animal Control Authority at
any reasonable time that admission is requested.
(b) Unsanitary Conditions Unlawful. It is un-
lawful to keep, use or maintain within King County any animal
shelter, kennel or pet shop that is unsanitary, nauseous,
foul or offensive, or in any way detrimental to public
health and /or safety and not in compliance with this
Ordinance and may be cause for revocation or denial of such
license.
Section 7. Conditions General.
(a) Conditions. Animal shelters, kennels 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 pro-
tect the animals from injury; shall contain the animals and
shall restrict the entrance of other animals.
(2) Electric power shall be supplied in con-
formance 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 en-
closures of debris and excreta.
(3) Suitable food and bedding shall be pro-
vided 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
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sanitary condition, free from the infestation or contamina-
tion of insects or rodents or disease, and from abnoxious 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 pro-
vided forthe purpose of washing utensils, equipment and
facilities.
(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 responsi-
bility 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.
Section 8. Facilities Indoors.
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 animals from temperatures to which they are not normally
acclimatized;
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(b) Be adequately ventilated to provide for the
health of animals contained therein and to assist in the
removal of foul and abnoxious 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 equip-
ment 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 con-
structed 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 origi-
nally 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;
(e) Contain a drainage system which shall be con-
nected to a sanitary sewer or septic tank system which con-
forms 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 re-
quirement shall not apply to hobby kennels and pet shops.
All indoor housing facilities for animals, fish or birds shall
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be maintained in a clean and sanitary condition and a safe
and effective disinfectant shall be used in the cleaning of
such facilities.
Section 9. Facilities Outdoors.
Animal shelters, kennels and pet shops which have outdoor
facilities for animals and birds shall:
(a) Be constructed to provide shelter from
excessive sunlight, rain, snow, wind, or other elements. In
addition, such facilities shall be constructed to provide
sufficient space for the proper exercise and movement of
each animal contained therein;
(b) Be constructed to provide drainage and to pre-
vent 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.
Section 10. Grooming Parlors License Required.
It is unlawful for'any person to keep or maintain any
grooming parlor without first obtaining a valid and sub-
sisting license therefor. A fee of $50.00 for such license
shall be assessed. However, if the grooming parlor is
operated as a part of the business of a kennel, or a pet
shop, a fee of $25.00 shall be assessed. Such fee shall be
in addition to the fee established for a kennel, or pet
shop license.
Section 11. 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;
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(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
province of a licensed veterinarian as provided in RCW 18.
92.010;
(f) Not put more than one animal in each cage;
(g) All floors and walls in rooms, pens, and
cages used to retain animals or in areas where animals are
clipped, groomed or treated must be constructed of water
impervious material that can be readily cleaned, and must
be maintained in good repair;
(h) Hot and cold water must be conveniently avail-
able and a large sink or tub provided (minimum size
l 24' x 18' x 12');
(i) Toilet and handwashing facilities with hot
and cold running water must be conveniently available for
personnel employed.
(j) Only equipment necessary to the operation of
the licensed establishment shall be kept or stored on the
premises and shall only be stored in a sanitary or orderly
manner;
(k) All cages, pens or kennels used for holding
animals shall be kept in a clean and sanitary condition and
must be disinfected on a routine basis.
Section 12. Additional Conditions.
The Director of the Animal Control Authority is autho-
rized to promulgate rules and regulations not in conflict with
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this ordinance as they pertain to the conditions and opera-
tions 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.
Section 13. License Revocation or Refusal to Renew.
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; provided, however, enforcement
of such revocation, suspension or refusal shall be stayed
during the pendency of an appeal filed pursuant to Section
11.04.260.
Section 14. License Revocation or Refusal Waiting Period.
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 Article,ii, Sections 5 -9 herein or any other provision of
this ordinance to the satisfaction of the Animal Control
Authority.
ARTICLE III ENFORCEMENT, PENALTIES AND PROCEDURES
Section 1. Enforcement Power.
(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.
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(b) The Directorr of the Animal Control Authority
or his authorized animal control officer shall not enter a
building designated for and used for private purposes, unless
a proper warrant has been first 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) Provided that the Director of the Animal Con-
trol 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 un-
licensed animals, may enter upon any public or private prop-
erty, 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 war-
rant has been presented to promptly permit the Director or
his authorized animal control officer to enter private prop-
erty to perform any duty imposed by this chapter. Any per-
son violating this subsection is guilty of a misdemeanor.
Section 2. Abatement.
All violations of this code are determined to be detri-
mental to the public health, safety and welfare and are
hereby declared to be public nuisances. All conditions which
are determined after review by the Director of the Animal
Control Authority to be in violation of this code shall be
abated.
Section 3. Misdemeanor.
Any person who allows an animal to be maintained in
violation of this ordinance shall be guilty of a misdemeanor
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punishable by fine of not more than $250.00 and /or imprison-
ment for a term not to exceed 90 days.
Section 4. Civil Penalty.
In addition to or as an alternate to any other penalty
provided herein or by law, any person whose animal is main-
tained in violation of this ordinance shall incur a civil
penalty plus billable costs of the Animal Control Authority.
The penalty for the first notice of violation shall be
$10.00; $25.00 for the second notice of violation in any
one -year period; and $50.00 for each successive violations
in any one -year period.
Section 5. Impounding.
(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 subjected to cruel treatment as defined by law.
After such animals are apprehended, the Animal Control
Authority shall ascertain whether they are licensed, or
otherwise identifiable and if reasonably possible, return
the animal to the owner together with a notice of violation
of this chapter, and if it is not reasonably possible to
immediately return the animal to its owner, the Animal
Control Authority shall notify the owner within a reason-
able time by certified mail or telephone that the animal has
been impounded and may be redeemed. Any animal impounded pur-
suant to this chapter shall be held for the owner at least
72 hours, after his receipt of notification by certified
mail or by telephone from the impounding agency; PROV:IDED,
that any animal sold to a research institute pursuant to this
ordinance shall be held for an additional 120 hours over and
above the required 72 hours specified; PROVIDED FURTHER that
any animal sold to a licensed dealer pursuant to this ordinance
may be released to the licensed dealer following custody of the
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animal by the Animal Control Division for a period of 72
hours; PROVIDED FURTHER that it is the responsibility of
the Animal Control Division to monitor and insure that the
licensed dealer will hold the animal for an additional 120
hours prior to the sale of the animal to a research insti-
tute; PROVIDED FURTHER that any owner may redeem an animal
in the custody of a licensed dealer by complying with the
fees and redemption procedure of the Animal Control Division,
the Animal Control Division shall return all fees paid by
the licensed dealer and the sale of the animal shall be
declared null and void; PROVIDED FURTHER that the advisory
board may make recommendations to the Animal Control Division
which shall by administrative rule set the sales price of
animals to be sold to licensed dealers and research insti-
tutes; PROVIDED FURTHER that the Animal Control Division
shall by administrative rule, through required contract
provisions, insure that licensed dealers do not sell pur-
chased animals to research institutes at a rate in excess
of that paid by research institutes purchasing animals
directly from the Animal Control Division. Any animal
suffering from serious injury or disease may be humanely
destroyed or, in the discretion of the impounding authority,
may be held for a longer period and redeemed by any person
on payment of charges not exceeding those presecribed herein.
(b) Any animal not redeemed shall be treated in
one of the following ways:
(1) Humanely destroyed by euthanasia.
(2) Sold to a dealer licensed pursuant to
7 U.S.C. 2131, et seq. as now or hereafter amended; provided,
however, that said dealer shall comply with the following
requirements:
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a. He shall sell animals purchased
from the County only to research laboratories located in
the state of Washington licensed pursuant to 7 U.S.C. 2131
et seq., accredited under the American Association for
Accreditation of Laboratory Animal Care, or to state or
federal research laboratories exempted from the provisions
of 7 U.S.C. 2131, et seq.
b. All animals purchased from the County
by said dealer shall be identified by breed, color, age, and
any other information deemed necessary for a reliable identi-
fication of the animal.
c. He shall provide evidence to the
County that each animal purchased from the County was sold
to a research laboratory fully licensed, accredited or
exempted in the manner described in subsection B (1) of
Section 12 of this ordinance, and
d. He shall be a resident of the state
of Washington for a period of one year prior to his purchase
of animals from the County.
e. No'animal bearing a tattoo identifi-
cation, affixed in the manner as prescribed in K.C.C. 11.04.
030 (b), shall be sold to a licensed dealer or research
medical institute, as defined in this ordinance, without the
written permission of the registered owner.
(3) Sold to a research laboratory licensed
pursuant to 7 U.S.C. 2131, et seq., accredited under the
American Association for Accreditation of Laboratory Animal
Care, or exempted from the provisions of 7 U.S.C. 2131, et
seq.; provided, however, that said research laboratory shall
comply with the following requirements:
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a. All animals purchased from the
County by said research laboratory shall be identified by
breed, color, age, and any other information deemed neces-
sary for a reliable identification of the animal.
b. Provide evidence to the County as
to each animal's disposition or use by the research
laboratory.
c. Shall be available at all reasonable
times for inspection by the K.C.A.C. Division. Such inspec-
tions shall be performed in the same manner as inspections
performed under this Ordinance.
d. Shall be physically located within
the state of Washington.
e. No animal bearing a tatoo identifi-
cation, affixed in the manner prescribed in this Ordinance
shall be sold to a licensed dealer or research medical
institute, as defined in this ordinance, without the written
permission of the registered owner.
(4) Made available for adoption. The owner
of any animal impounded pursuant to the provisions contained
in this chapter may recover said animal or animals when all
billable costs, redemption fees, penalties, and boarding
costs incurred in such impoundment are made payable to the
County comptroller, which may be accepted by the Animal
Control Authority acting as agent for the County.
(c) There is created an advisory board for the
sale of animals by the County to licensed research institutes
and dealers, consisting of five members to be appointed by the
County Executive and confirmed by the County Council, one of
whom shall be a licensed veterinarian. No member of the board
shall be employed by King County. Members of the advisory
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board shall serve for two years without compensation. The
board shall meet at least once every three months to examine
inspection reports under Section 12 B(3)(c), make recommenda-
tions as to the qualifications of dealers and research labora-
tories under Section 12 B(2) and (3) of this ordinance; pro-
vided, under the provision of the Animal Welfare Act, as amended,
or as part of negotiated contract provision compliance, the
advisory board shall be empowered to conduct such inspections
of facilities, receiving animals under Section 12 of this
ordinance, as are necessary to insure that animals are treated
humanely. The commission shall have the authority to prohibit
the sale of any animal to any dealer or research center when
it is found that any such dealer or research center is not
treating the animals purchased from the Animal Control
Division humanely.
(d) A copy of all reports and records required to
be filed by dealers or research laboratories pursuant to any
state or federal law shall be filed with the Director of
Animal Control and all such records shall be public record
and available for inspection at any reasonable time during
normal County working hours.
All records required to be filed pursuant to
the ordinance shall also be public record and shall be avail-
able for inspection by any interested person at any reasonable
time during normal County working hours.
(e) No licensed animal shall be made available for
research unless written permission is received from said
animal's owner. Further, no animal conveyed to the Division
by its owner shall be made available for research without
written permission.
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Section 6. Additional Enforcement.
Notwithstanding the existence or use of any other
remedy, the Director of the Animal Control Authority may
seek legal or equitable relief to enjoin any acts or prac-
tices and abate any conditions which constitute a violation
of this code or other regulations herein adopted.
Section 7. Violations to be Abated.
For purposes of this ordinance, nuisances are violations
of this ordinance and shall be defined as follows:
(a) Any public nuisance relating to animal con-
trol known at common law or in equity jurisprudence.
(b) A dog running at large within the City
between the hours of 9:00 P.M. and 6:00 A.M. of the following
day.
(c) Any domesticated animal, whether licensed or
not, which runs at large in any park, or enters any public
beach, pond, fountain, or stream therein, or upon any public
playground or school ground; provided, however, that this
section shall not prohibit a person from walking or exer-
cising an animal in a public park or on a public beach when
such animal is on a leash, tether or chain not to exceed
8 feet in length. Provided, however, that this section shall
not apply to any blind person using a trained seeing -eye dog,
to animal shows, exhibitions or organized dog- training classes
where at least 24 hours advance notice has been given to the
Animal Control Authority by such persons requesting to hold
such animal shows, exhibitions or dog training classes.
(d) Any animal which enters any place where food is
stored, prepared, served or sold to the public, or any other
public building or hall. Provided, however, that this section
shall not apply to any blind person using a trained seeing -eye
'21
dog, to veterinary offices or hospitals, or to animal shows,
exhibitions or organized dog training classes where at least
24 hours advance notice has been given to the Animal Control
Authority by such persons requesting to hold such animal shows,
exhibitions or dog training classes.
(e) A female domesticated animal, whether licensed
or not, while in heat, accessible to other animals for pur-
poses 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 pro-
pensities and which constitutes a danger to the safety of
persons or property off his premises or lawfully on his
premises.
(i) A vicious animal or, animal with vicious pro-
pensities which runs at large at any time, or such animal is
off the owner's premises not securely leased on a line or con-
fined and in the control of a person of suitable age and dis-
cretion to control or refrain such animal.
(j) Any domesticated animal which howls, yelps,
whines, barks, or makes other oral noises, in such a manner
as to disturbe 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.
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(1) 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
by the owner or other competent person.
(n) Animals kept, harbored, or maintained and
known to have a contagious disease unless under the treat-
ment of a licensed veterinarian.
(o) Animals running in packs.
Section 7. Cruelty Violations to be Abated.
It is unlawful for any person to:
(a) Willfully 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 alleviation of pain, suffer-
ing 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 or shall
be deposited or mingled, any kind of poison or poisonous or
deadly substance or fluid whatever, on any premises, or in
any unenclosed place, or to aid or abet any person in so
doing, unless in accordance with 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.
Section 8. Notice and Order.
(a) Whenever the Director or authorized animal
control officer has found an animal maintained in violation of
this Code, the Director of the Animal Control Authority shall
commence proceedings to cause .the abatement of each violation.
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(b) The Director of authorized animal control
shall issue a notice and order directed to the owner or the
person presumed to be the owner of the animal maintained in
violation of this ordinance. The notice and order shall
contain:
(1) The name and address, if known, of the
owner or person presumed to be the owner of the animal in
violation of this ordinance.
(2) The license number, if available, and
description of the animal in violation sufficient for
identification.
(3) A statement the Director or authorized
animal control officer has found the animal maintained
illegally with a brief and concise description of the condi-
tions, found to render the animal in violation of this
ordinance.
(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
shall be completed within a time certain from the date of
the order as determined by the Director to be reasonable.
b. If the Director of the Animal Con-
trol Authority has determined to assess a civil penalty, the
order shall require that the penalty shall be paid within 14
days from the date of the order.
(5) Statements advising that if any required
abatement is not commenced within the time specified, the
Director of the Animal Control Authority will proceed to cause
abatement and charge the costs thereof against the owner.
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(6) Statements advising (i) that a person
having a legal interest in the animal may appeal from the
notice and order or any action of the Director of the
Animal Control Authority to the Board of Appeals, provided
the appeal is made in writing as provided by this ordinance,
and filed with the Director of the Animal Control Authority
within 14 days from the date of service of such notice and
order; and (ii) that failure to appeal will constitute a
waiver of all right to an administrative hearing and determi-
nation 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 mail-
ing 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 equalized assessment roll
of the County.
(e) Proof of service of the notice and order shall
be made at the time of service by a written declaration under
penalty of perjury executed by the person effecting service,
declaring the time, date and manner in which service was made.
(f) The standards of the animal control ordinance
shall be followed by the Director of the Animal Control
Authority in determining the existence of an animal control
violation and in determining the abatement action required.
Section 9. Appeal.
(a) Appeals. The King County Board of Appeals. as
established by Article 7 of the King County Charter,lis..hereby
designated to hear appeals by parties aggrieved by the actions
of the Director of the Animal Control Authority pursuant to
25
this ordinance. The Board may adopt reasonable rules or regu-
lations for conducting its business. Copies of all rules and
regulations adopted by the Board shall be delivered to the
Director of the Animal Control Authority who shall make them
freely accessible to the public. All decisions and findings
of the Board shall be rendered to the appellant in writing with
a copy to the Director of the Animal Control Authority.
(b) Form of Appeal. Any person entitled to service
under Article III, Section II(2) may appeal from any notice
and order or any action of the Director of the Animal Control
Authority under this Code by filing at the office of the
Director of the Animal Control Authority within 14 days from
the date of the service of such order, a written appeal
containing:
(1) A heading in the words: "Before the Board
of Appeals of the County of King
(2) A caption reading: "Appeal of
giving the names of all appellants participating
in the appeal.
(3) A brief statement setting forth the legal
interest of each of the appellants in the animal involved in
the notice and order.
(4) A brief statement in concise language of
the specific order or action protested, together with any
material facts claimed to support the contentions of the
appellant.
(5) A brief statement in concise language of the
relief sought, and the reasons why it is claimed the protested
order or action should be reversed, modified, or otherwise set
aside.
26
(6) The signatures of all parties named as
appellants, and their official mailing addresses.
(7) The verification (by declaration under
penalty of perjury) of at least one appellant as to the
truth of the matters stated in the appeal.
(c) Scheduling and Noticing Appeal. The Board of
Appeals shall set a time and place, not more than 30 days
from such notice of appeal for hearing thereon. Written
notice of the time and place of hearing shall be given at
least 10 days prior to the date of the hearing to each appel-
lant by the manager -clerk of the Board.
(d) At the hearing the appellant shall be entitled
to appear in person and be represented by counsel and offer
such evidence pertinent and material to the action of the
Director. Only those matters or issues specifically raised
by the appellant in the written notice of appeal shall be
considered.
(e) Failure of any person to file an appeal in
accordance with Article II, Section 10, shall constitute a
wavier of his right to an administrative hearing.
(f) Enforcement of any notice and order of the
Director of the Animal Control Authority issued under this
ordinance shall be stayed during the pending of an appeal
except impoundment of an animal which is (i) vicious or
dangerous or (ii) cruelly treated.
Section 10. 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 herein. The redemption fee for
dogs and cats shall be $10.00 for each such dog or cat plus
an additional fee of $2.00 for each 24 -hour or portion
27
thereof period during such dog or cat is retained by
the impounding agency and shall be made payable to the County
comptroller. The redemption fee for livestock shall be $25.00
per animal. Livestock not redeemed may be sold at public
auction by the impounding agency. The boarding cost 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.
Section 11. Nuisances Removal.
(a) Any animal constituing a public nuisance as
provided herein shall be abated and removed from the City
by the owner or by the Director of the Animal Control
Authority, upon receipt of three notices and orders of vio-
lation by the owner in any one -year period. Where it is
established by record pursuant to this chpater 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 Animal Control Authority shall
notify and direct the owner of the animal to abate or remove
the same from the City within 96 hours from the date of
notice. If such animal is found to be within the confines
of King County after 96 hours have elapsed from the date of
notice, the same shall be abated and removed by the Director
of the Animal Control Authority. Animals removed pursuant to
the provisions of this section shall be removed from Tukwila
or be subjected to euthanasia by the Animal Control
Authority.
(b) Any dog or other animal which shall bite,
attack, or attempt to bite one or more persons two or more
times within a two -year period is hereby declared to be a
public nuisance and shall not be kept within unincorporated
28
King County 48 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 keep of such animal(s) shall have
no right to redeem such dog or animal.
Section 12. Personal Obligations.
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 appropri-
ate legal remedies.
Section 13. Costs of Enforcement Action.
In addition to the costs and disbursements provided for
by statute, the prevailing party in a collection action under
this ordinance may, in the court's discretion, be allowed
interest and a reasonable attorney's fee. The City
Attorney shall seek such costs, interest and reasonably
attorney's fees on behalf of the City of Tukwila when the
City is the prevailing party.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
At a regular meeting thereof this /9 }/1 day of (20.4 1976.
Mor
Wde /7/,„
Date Apjroved
Attu'
City Clerk
r
Ap.roved as to orm:
Deputy City Attorney
P ub sked cc,rG Chron■ele. 4 /�•S /C`
'29