HomeMy WebLinkAboutOrd 1772 - Animal Control (Repealed by Ord 2011) s G) +i
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City Tukwila
Washington
Ordinance No. /77-2—
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON AMENDING
TITLE 7 OF THE TUKWILA MUNICIPAL CODE, ADOPTING ANIMAL CONTROL
REGULATIONS, REPEALING ORDINANCE NOS. 1418,1453,1672,1743,1744 AND
1745; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the Tukwila City Council finds that the provisions of Chapter 7.04 of the
Tukwila Municipal Code should be clear to animal owners and enforcement officers; and
WHEREAS, the City Council believes Tukwila's code should be largely consistent with Title
11 of the Metropolitan King County Code to facilitate enforcement of the city's laws by King
County Animal Control; and
WHEREAS, although King County controls licensing and inspection of animals, kennels and
pet shops, Tukwila believes that regulation of those animals which most commonly affect our
citizens would best meet the specific needs of our community; 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, HEREBY ORDAINS AS FOLLOWS:
Section 1. Purpose.
It is 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 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, pot bellied pigs, exotic animals, 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.
Section 2. Definitions.
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 Homo Sapiens, 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 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 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.
E. City shall mean the City of Tukwila.
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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:
(1) Has inflicted severe injury on a human being or a domestic animal without provocation
on public or private property; or
(2) Has killed a domestic animal or other animal protected under federal, state or local
laws, without provocation while off the owner's property; or
(3) Has been previously found to be potentially dangerous, the owner having received
notice of such, and the dog again aggressively bites, attacks or endangers the safety of
humans or domestic animals.
H. Dog pack means a group of two 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. Exotic animal means any of the following:
(1) Venomous species of snakes capable of inflicting serious physical harm or death to
human beings;
(2) Non -human primates and prosimians;
(3) Bears;
(4) Non domesticated species of felines;
(5) Non domesticated species of canines and their hybrids, including wolf and coyote
hybrids;
(6) The order Crocodylia, including alligators, crocodiles, caiman and gavials.
Juvenile means any dog or cat, altered or unaltered, that is under the age of six months.
K. Owner means any person, firm, corporation, organization or department having an interest
in or right of possession to an animal, or having control, custody, or possession of an animal,
including possession by reason of the animal being seen residing consistently at a location.
L. Person means any individual, partnership, firm, joint stock company, corporation,
association, trust, estate, or other legal entity.
M. Pot bellied pig means that type of American swine commonly known as Vietnamese,
Chinese, or Asian pot bellied pig (Sus Scrofa Bittatus).
N. Potentially dangerous dog means any dog that when unprovoked.
(1) Inflicts bites on a human or a domestic animal either on public or private property, or
(2) Chases or approaches a person upon the streets, sidewalks, or any public grounds in a
menacing fashion or apparent attitude of attack, or any dog with a known propensity,
tendency, or disposition to attack unprovoked, to cause injury or otherwise to threaten the
safety of humans or domestic animals.
O. Proper enclosure means, while on the owner's property, a dog shall be securely confined
indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of
young children and designed to prevent the animal from escaping. Such pen or structure
shall have secure sides and a secure top, shall provide protection from the elements for the
dog and shall include sufficient food and water for the animal's good health. If such pen,
kennel or other structure has no bottom secured to the sides, the sides shall be embedded not
less than two feet into the ground. An enclosure with doors, windows or other openings
enclosed solely by wire or mesh screening shall not be considered a proper enclosure as
defined in this section.
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P. Rules and regulations of the Animal Control Authority means such rules and regulations as
may be adopted by the Animal Control Authority, not inconsistent with the intent of this
chapter.
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, 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. Severe injury means any physical injury that results in broken bones or lacerations requiring
multiple sutures or cosmetic surgery.
S. Service animal means any animal, which is trained or being trained to aid a person who is
blind, hearing impaired, or otherwise disabled and is used for that purpose and is registered
with a recognized service animal organization.
T. 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.
Section 3. General Provisions and Licensing.
A. General Licensing Provisions
The following sections of Chapter 11.04 Metropolitan King County Code as now in effect,
and as may be subsequently amended, are hereby adopted by reference, except that, unless the
context indicates otherwise, the word "county" and "King County" shall refer to the portion of the
County within the City of Tukwila boundaries, and references to violations of the county code or
county ordinances shall be deemed to be references to violations of City ordinances:
11.04.020
11.04.040
11.04.070
11.04.080
11.04.090
11.04.100
11.04.110
11.04.130
11.04.140
11.04.150
11.04.160
11.04.165
11.04.167
B. General Enforcement and Procedures.
The following sections of Chapter 11.04 Metropolitan King County as now in effect, and as
may be subsequently amended, are hereby adopted by reference, except that, unless the context
indicates otherwise, the word "county" and the words "King County" shall refer to the portion of
the County within the City of Tukwila boundaries, and references to violations of the county code
or county ordinances shall be deemed to be references to violations of City ordinances:
11.04.170 Enforcement power.
11.04.180 Violations- Deemed nuisance Abatement.
11.04.200 Violations- Civil Penalty.
11.04.210 Impounding.
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Definitions, and in addition thereto, the definitions set forth in TMC Section 2 of
this ordinance are adopted.
Animal shelter, kennel, grooming service, cattery and pet shop license required.
Animal shelters, kennels and pet shops Reporting required.
Animal shelters, kennels and pet shops Inspections.
Animal shelters, kennels, and pet shops- Conditions.
Animal shelters, kennels and pet shops Indoor facilities.
Animal shelters, kennels and pet shops- Outdoor facilities.
Grooming parlors- Conditions.
Animal shelters, hobby kennels, kennels, pet shops, grooming parlors, guard
dog purveyors, guard dog trainers and guard dog owners Additional
conditions.
Licenses, registrations- Revocation, suspension or refusal to renew.
Licenses, registration- Revocation or refusal waiting period.
Private Animal Placement Permit Individual.
Private Animal Placement Permit Organizational.
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11.04.220 Additional enforcement.
11.04.240 Unlawful acts against police department dogs.
11.04.280 Redemption procedures.
11.04.290 Corrective action- Vicious animals.
11.04.300 Civil penalty and abatement costs- Liability of owner.
11.04.310 Costs of additional enforcement.
11.04.320 Miscellaneous service charges.
11.04.330 Additional rules and regulations.
11.04.335 Waiver of fees and penalties.
11.04.340 Severability.
11.04.345 Private Animal Placement Permit- Citizen Complaint Process
11.04.510 Unaltered Dogs and Cats Advertising Requirements
11.04.520 Rabies Vaccination Required.
11.12 Rabies Control
11.28 Exotic Animals
11.32 Guard Dogs
Section 4. Dog, cat and pot bellied pig licenses Required.
A. All dogs, cats, and pot bellied pigs eight weeks old and over, which are harbored, kept or
maintained in the City shall be licensed and registered annually, provided that an altered
animal two year license may be purchased. 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 King County Code 11.04.
B. Juvenile licenses Juvenile licenses must be obtained for all dogs and cats from eight weeks to
six months of age.
C. 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.
(1) Tukwila residents 65 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 will be available provided that the owner provides written proof that the
animal has been spayed or neutered.
(2) The annual license fee shall become due and payable one year from the last day of the
month of issuance.
(3) Applications for a dog or cat license shall be on forms provided by the animal control
authority.
(4) All license tags issued under this chapter 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 having a microchip implant or 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.
(5) The animal control authority is authorized to collect a fee for a lost or stolen license tag
replacement.
D. Dog and cat licenses Penalty.
(1) Penalties shall be assessed in cases of late registration and licensing of dogs and cats
kept and maintained in the City as provided in the schedule adopted by the King County
Council for such penalties, as now or hereafter amended.
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(2) It shall be a rebuttable presumption that an animal has not been licensed unless a proof
of purchase within the preceding 30 days is presented to the licensing officer or agent, or the
animal's owner has moved into the City within the preceding 30 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.
E. Dog and cat licenses Non applicability.
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 30 days.
F. Mandatory spaying and neutering
(1) No person shall own or harbor any cat or dog over the age of six months that has not
been spayed or neutered unless that person holds an unaltered animal license for the animal
pursuant to King County animal control licensing provisions.
(2) Guide dog puppies in training and police service dogs are exempted from the
provisions of this section.
Section 5. Pot Bellied Pigs.
A. Licenses
(1) Pot bellied pig licenses shall be issued by the City of Tukwila upon application and
payment of an annual license fee made payable to the City of Tukwila according to the
schedule of fees approved by the City Council. City residents must obtain a valid license
within 30 days of the pig's entry into the City, or by the effective date of this ordinance.
(2) In order to obtain a license for a pot bellied pig in Tukwila, the owner of the pig must
present the following: Proof that the pig is spayed or neutered; certification by a licensed
veterinarian that the pig has current vaccinations; certification within the prior 30 days by a
licensed veterinarian of the weight of the pig; certification within the prior 30 days by a
licensed veterinarian that no tusk appears outside of the mouth of the pig when the mouth is
closed; and the address of the property and description of the physical location(s) on the
property where the pig will be kept.
(3) City of Tukwila residents 65 years of age or older shall be entitled to purchase special
permanent licenses for the lifetime of the pig for which they are the registered owners when
said pigs are maintained at said owner's registered address. The special permanent animal
license fee is $20.00 per licensed pig, provided that the owner provides written proof that the
animal has been spayed or neutered.
(4) Applications for a pot- bellied pig license shall be on forms provided by the City of
Tukwila.
(5) 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, a
pig may be identified as licensed by being tattooed on its right ear or on its inside right thigh
or groin with a license number approved or issued by the City of Tukwila.
(6) The City of Tukwila shall collect a $3.00 fee for a lost or stolen license tag replacement.
B. Pot bellied pig restrictions.
(1) No more than two pot bellied pigs may be kept in any dwelling unit or business
establishment. Any pigs in excess of two shall be subject to a fine of $25.00 per day per pig,
payable to the City of Tukwila.
(2) No pot- bellied pigs weighing more than 150 pounds or having a height greater than 22
inches at the shoulder are allowed.
ANIMAL.DOC 8/21/96
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(3) Upon complaint that a pig is larger than allowed, if an investigation by the City shows
the complaint to be legitimate, the owner shall be required to show proof of the height and
weight of the pig in question as measured and certified by a licensed veterinarian.
(4) The Code Enforcement Officer of the City shall have the authority to authorize
collection of illegal pot bellied pigs by the King County Animal Control.
Section 6. Exotic Animals.
A. The possession or maintenance of an exotic animal by private citizens within the City of
Tukwila is prohibited unless the owner possessed or maintained the exotic animal on or before the
effective date of this ordinance, and agreed to promptly act to satisfy the licensing requirements of
the animal control authority as expressed in King County code 11.28 now and as amended
regarding the maintenance of such animals.
B. The provisions of this chapter shall not apply to any facility possessing or maintaining exotic
animals as defined in this chapter which is owned, operated or maintained by any city, county,
state or the federal government, including but not limited to public zoos, nor shall it apply to
museums, laboratories and research facilities maintained by scientific or educational institutions,
nor to private or commercial activities such as circuses, fairs, or private zoological parks which are
otherwise regulated by law, nor to any recognized program engaged in the training of exotic
animals for use as service animals by disabled citizens.
C. Breeding, or allowing the reproduction of exotic animals as defined in this chapter is
prohibited, provided that this prohibition shall not apply to any governmental facility possessing
or maintaining exotic animals nor shall it apply to private or commercial activities as set forth in
Section (D) above.
D. Each exotic animal must have a microchip implant for identification, and must show proof of
such upon request of the animal control authority officer.
Section 7. Regulation of Animals.
A. Dogs at Large: Requirement of a Leash or Chain
It shall be a violation of this chapter for any owner or custodian to cause, permit or allow any dog
owned, harbored, controlled or kept by him /her in the City to roam, run or stray away from the
premises where the dog is owned, harbored, controlled or kept, except that while away from the
premises the dog shall at all times be controlled by means of a leash or chain not exceeding eight
feet (8') in length by the owner or some duly authorized and competent person, provided that such
leash or chain is not required for any dog when otherwise safely and securely confined or
completely controlled while in or upon any vehicle.
B. Offenses relating to sanitation
It is unlawful for an owner to:
(1) Allow the accumulation of pig, cat, fowl or dog feces in any open area, run cage or yard
wherein those animals are kept and to fail to remove or dispose of feces at least once every
seven days.
(2) Fail to remove the fecal matter deposited by his /her animal on public property or
private property of another before the owner leaves the immediate area where the fecal
matter was deposited.
(3) Fail to have in his /her possession equipment such as a plastic bag or other means of
conveyance necessary to remove his /her animal's fecal matter when said animal deposits
fecal matter on public property, public easement or another's private property.
Section 8. Nuisance defined Violation.
A. For purposes of this chapter, nuisances are violations of this chapter and shall be defined as
follows:
(1) Any public nuisance relating to animal control known as common law or in equity
jurisprudence;
ANIMAL.DOC 8/21/96
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(2) Any animal running at large within the City;
(3) 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 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;
(4) Any animal which enters any place where food is stored, prepared, served or sold to the
public, or any other public building or hall. However, this subsection shall not apply to any
blind person using a trained seeing -eye dog, to veterinary offices or hospitals, businesses
offering pet services, 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;
(5) A female domesticated animal, whether licensed or not, while in heat, accessible to
other animals for purposes other than controlled and planned breeding;
(6) Any domesticated animal which chases, runs after, or jumps at vehicles using the public
streets and alleys;
(7) 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;
(8) 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
dangerous dogs and potentially dangerous dogs shall apply;
(9) 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;
(10) Any domesticated animal which enters upon another person's property without the
permission of that person;
(11) Animals staked, tethered or kept on public property without prior written consent of
the county animal control authority;
(12) Animals on any public property not under control of the owner or other competent
person;
(13) Animals kept, harbored or maintained and known to have a contagious disease unless
under the treatment of a licensed veterinarian;
(14) Animals running in packs.
B. Nuisance Violations shall be subject to a civil fine and enforcement necessary to abate the
violation.
Section 9. Dangerous and Potentially Dangerous Dog Regulation.
A. Dangerous dogs and Potentially Dangerous Dogs Registration, prohibitions, etc.
(1) 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
ANIMAL.DOC 8/21/96
provisions of RCW Chapter 16.08, must obtain a City 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 $200.00, which shall not be prorated for any part of a year. A
copy of a valid certificate of registration issued pursuant to RCW Chapter 16.08 shall be
attached to the application. The City dangerous dog certificate of registration shall be issued
upon completing the requirements below:
(a) Placement of a proper enclosure on the owner's or keeper's property to confine the
dog and the posting on the premises where the dog is harbored of a clearly visible
warning sign that there is a potentially dangerous or dangerous dog on the property.
(b) A conspicuously displayed sign on the premises where the dog is harbored with a
warning symbol that informs children and adults who cannot read of the presence of a
potentially dangerous or dangerous dog.
(2) For potentially dangerous dogs a surety bond issued by a surety insurer qualified under
chapter 48.28 RCW in a sum of not less than $100,000, payable to a person injured by the
dog(s); or a policy of liability insurance issued by an insurer qualified under Title 48 RCW in
an amount not less than $100,000, insuring the owner or deeper for personal injuries inflicted
by the dog(s).
(3) For dangerous dogs a surety bond issued by a surety insurer qualified under chapter
48.28 RCW in a sum of not less than $250,000, payable to a person injured by the dog(s); or a
policy of liability insurance issued by an insurer qualified under Title 48 RCW in an amount
not less than $250,000, insuring the owner or keeper for personal injuries inflicted by the
dog(s).
(4) A certificate issued to satisfy the insurance requirements of this chapter shall provide
for written notice to the City within 30 days of cancellation, reduction of limits, or
termination of coverage.
(5) It is unlawful for an owner to have a dangerous dog or a potentially dangerous dog in
the City without a certificate of registration as required by RCW Chapter 16.08 and a City
dangerous or potentially dangerous dog certificate of registration as required by this section.
(6) It is unlawful for an owner of a dangerous dog to permit the dog to be outside a proper
enclosure 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.
(7) The owner of a dangerous dog shall not permit such dog to go unconfined upon the
premises of such owner.
(8) Any dog shall be immediately confiscated by the animal control authority if:
(a) The dog is not validly registered under this section and RCW Chapter 16.08;
(b) The owner does not secure the liability insurance coverage or surety bonds as
required by RCW Chapter 16.08;
(c) The dog is not maintained in the proper enclosure; or
(d) The dog is outside of the dwelling of the owner or outside of the proper enclosure
and not under physical restraint of the responsible person.
Any dangerous dog confiscated under this section can be disposed of as an unredeemed animal
and the owner has no right to redeem such dog.
(9) The provisions of this section shall not apply to dogs used by law enforcement officials
for police work.
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B. Provision for declaring dangerous and potentially dangerous dogs.
The animal control authority may find and declare an animal potentially dangerous or
dangerous if it has probable cause to believe that the animal falls within the definition set in
Section 2 (G) and (N) of this ordinance. For the purposes of this chapter probable cause may
include:
(1) The written complaint of a citizen who is willing to testify that the animal has acted in a
manner with causes it to fall within the definition in Section 2 (G) or (N) of this ordinance; or
(2) Dog bite reports filed with the animal control authority; or
(3) Actions of the dog witnessed by any animal control officer or law enforcement officer;
or
(4) A verified report that the animal previously has been found to be either potentially
dangerous or dangerous by any animal control authority; or
(5) Other substantial evidence admissible in a court of law.
C. Declaration Service to owner in writing.
The declaration shall be in writing, and shall be served on the owner or keeper in one of the
following methods:
(1) Certified mail to the owner's or keeper's last known address, if known; or
(2) Personally delivered; or
(3) If the owner or keeper cannot be located by one of the first two methods, by publication
in a newspaper of general circulation.
(4) The owner or keeper of any animal found to be a potentially dangerous or dangerous
dog under this section shall be assessed all service costs expended under this subsection.
D. Declaration Information Required
The declaration set forth in this section shall state at least:
(1) A description of the animal;
(2) The name and address of the owner or keeper of the animal, if known;
(3) The whereabouts of the animal if it is not in the custody of the owner or keeper;
(4) The facts upon which the declaration is based;
(5) The availability of a hearing in case the person objects to the declaration, if a request is
made within five days.
(6) The restrictions placed on the animal as a result of the declaration; and
(7) The penalties for violation of the restrictions, including the possibility of destruction of
the animal, and imprisonment or fining of the owner or keeper.
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E. Declaration appeal procedure.
If the owner or keeper of the animal wishes to contest the declaration, the following procedures
shall apply:
The owner or keeper shall, within five days of receipt of the declaration, or within five days
of the publication of the declaration, or within five days of the publication of the declaration
pursuant to Section 9(D)(3)of this ordinance, request a hearing from the city's hearing examiner.
Failing to exhaust this administrative appeal process shall be a bar to action in a court of law. Any
appeal decision issued by the hearing examiner can be appealed in superior court.
1. If the hearing examiner finds there is insufficient evidence to support the declaration, it
shall be rescinded, and the restrictions imposed thereby annulled.
2. If the hearing examiner finds sufficient evidence to support the declaration then it shall
be affirmed.
3. If the hearing examiner finds that the animal is not a potentially dangerous or
dangerous dog, no costs shall be assessed against the city or the animal control authority or
officer.
Section 10. Declaration Impoundment and Abatement
A. Following service of a declaration of potentially dangerous or dangerous dog, and pending
appeal under Section 9(E) of this ordinance, the animal control authority may, if circumstances
require, impound the animal at the owner's or keeper's expense, until the appeal to the hearing
examiner or a court of competent jurisdiction orders either its redemption or destruction.
B. Declaration- Abatement
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 danger to public safety and shall not be kept
within the City 48 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 no right to
redeem such dog or animal.
Section 11. Cruelty to animals Unlawful.
It is unlawful for any person to:
A. Willfully and cruelly inflict physical injury, or to kill any animal by any means causing
unnecessary fright, suffering or pain;
B. By reason of neglect or intent failing to provide the animal with necessary food, water,
shelter, rest, sanitation, ventilation, space or medical attention, thereby causing or allowing
any animal to endure pain, suffering or injury, or to fail or neglect to aid or attempt
alleviation of pain, suffering or injury he or she 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.
E. Keep an animal in an enclosed vehicle when the temperature inside the vehicle reaches 80
degrees F and /or the animal appears to be in stress as a result of excessive heat or thirst.
F. Any person may lawfully kill a vicious animal when a clear and present danger exists to his
or her own self or to the public safety and a record of complaint against the animal has been
filed with the animal control authority.
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Section 12. Enforcement authority.
A. The director of the animal control authority and his /her 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 as they pertain to animal cruelty, shelter, welfare, and
enforcement of control.
B. The director of the animal control authority or his /her 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 /her 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 /her 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.
E. 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 practices and abate any
conditions which constitute a violation of this code or other regulations herein adopted.
Section 13. 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 of each violation; provided, that the abatement and
removal procedures of this section shall not apply to the 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 by the owner or by the director of the animal control authority, or
his /her authorized animal control officer, upon receipt of two King County Animal Control
Authority notices of violation and one order of confinement 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 96 hours from the date of the notice. If such animal is found to be within the confines
of the City 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 the City or be subjected to euthanasia by the
animal control authority.
Section 14. Penalties.
A. Civil penalty and cost of abatement Collection.
The civil penalty described in Section 14 (C) of this ordinance 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 work costs by use of all
appropriate legal remedies.
B. 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 pre-
vailing party.
C. Violation Civil penalty.
ANIMAL.DOC 8/21/96 11
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 $25 for the first notice of violation, $50.00 for the second
violation in any one -year period, and $75.00 for each successive violation.
Section 15. Repealer. Ordinance Nos. 1418, 1453, 1672, 1743, 1744, and 1745 are hereby
repealed.
Section 16. Severability. 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 17. Effective date. This ordinance shall take effect and be in full force five (5) days
after publication of the summary which is hereby approved.
PASSED BY THE CITY COUNCIL OF THE OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 1996.
ATTEST AUTHENTICATED:
APPROVED AS TO FORM:
By
ne E. Cantu, City Clerk
Office of the City
ANIMAL.DOC 8/21/96
ttey
FILED WITH THE CITY CLLIZK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: /f4, i
EFFECTIVE DA E: 1/.75M
ORDINANCE NO.:
(1,1e)
Jo W. Rants, Mayor
12
CITY OF TUKWILA
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING ANIMAL CONTROL
REGULATIONS, REPEALING ORDINANCE NOS. 1418, 1453,
1672, 1743, 1744 AND 1745; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
SUMMARY OF ORDINANCE NO. /7 2,7--
On g f1 fo f the City Council of the City of Tukwila passed Ordinance
No. 7 adopting animal control regulations, including definitions; general
provisions and licensing; regulating pot bellied pigs and exotic animals; prohibiting dogs
running at large; requiring sanitation clean -up; defining animal nuisances; regulating the
licensing, notification, regulation and abatement of dangerous and potentially dangerous
dogs; prohibiting cruelty to animals; setting violations and penalties; providing for
severability and establishing 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 its meeting of 1f,
Published Seattle Times:
1
Z-
an�e E. Cantu, City Clerk