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Title 11 - ANIMAL CONTROL

By Clyde Hughes,2014-08-09 18:13
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Title 11 - ANIMAL CONTROL

    ANIMAL CARE AND CONTROL

    Title 11

    ANIMAL CARE AND CONTROL

    (Formerly ANIMAL CONTROL)

Chapters:

     11.02 Regional Animal Services Section

     11.04 Animal Care and Control Regulations

     11.08 Dog Leash Law

     11.12 Rabies Control

     11.20 Disposition of Fowl and Rabbits

     11.24 Stock Restricted Area

     11.28 Exotic Animals

     11.32 Guard Dogs

    (King County 6-2010)

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BLANK

112

REGIONAL ANIMAL SERVICES SECTION 11.02.010 - 11.02.050

    Chapter 11.02

    REGIONAL ANIMAL SERVICES SECTION

    (Formerly ANIMAL CARE AND CONTROL SECTION)

Sections:

     11.02.010 Established.

     11.02.020 Manager - established - compensation.

     11.02.030 Agreements - authorization.

     11.02.040 Agreements - concessions - revenue for regional animal services.

     11.02.050 Agreements - advertising, sponsorship, naming rights - for regional animal services

     programs - restrictions.

     11.02.060 Gifts, bequests and donations - solicitation and acceptance - deposit in animal bequest

     fund restrictions.

     11.02.010 Established. There is established a regional animal services section in the records and licensing services division. The regional animal services section is by this chapter designated the agency authorized to provide animal care services and enforce animal control laws. (Ord. 16861 ? 7, 2010: Ord. 15971 ? 57, 2007: Ord. 15801 ? 1, 2007: Ord. 14498 ? 6, 2002: Ord. 1361 ? 4, 1972: Ord. 1269 ? 1, 1972).

     11.02.020 Manager - established - compensation. There is established within the regional

    animal services section the position of manager of the regional animal services section, to be compensated at a rate established in accordance with county personnel policies. (Ord. 16861 ? 8, 2010: Ord. 15801 ? 2, 2007: Ord. 14498 ? 7, 2002: Ord. 6370 ? 1, 1983: Ord. 1269 ? 3, 1972).

     11.02.030 Agreements - authorization. The county executive is authorized to enter into

    agreement with any or all other municipal corporations in King County for the licensing and enforcement of local municipal ordinances relating to animal care and control, and with other legal entities for the purpose of dead animal disposal. (Ord. 15801 ? 3, 2007: Ord. 6370 ? 2, 1983: Ord. 1370 ? 1, 1972).

     11.02.040 Agreements - concessions - revenue for regional animal services. The director

    of the department of executive services is authorized to enter into concession agreements with vendors to sell animal-related products and services at the King County animal shelter and at other county facilities and events. The revenue from these concession agreements shall be applied solely to regional animal services. (Ord. 16861 ? 9, 2010).

     11.02.050 Agreements - advertising, sponsorship, naming rights - for regional animal services programs - restrictions.

     A. The director of the department of executive services may negotiate and enter into advertising, sponsorship and naming rights agreements for the purpose of providing financial support for regional animal services programs. Advertising shall be restricted to commercial speech.

     B. Advertisers and sponsors shall abide by the nondiscrimination requirements of K.C.C. Title 12. Furthermore, an advertising, sponsorship or naming rights agreement may not result in advertisement of spirits or tobacco products in violation of K.C.C. chapter 12.51.

     C. The director may impose additional subject-matter restrictions on advertising, sponsorship and naming rights agreements consistent with applicable law.

     D. Revenue generated from advertising, sponsorships and naming rights agreements entered into under this section shall be applied solely to regional animal services. (Ord. 16861 ? 11, 2010).

    113

    (King County 6-2010)

    11.02.060 ANIMAL CARE AND CONTROL

     11.02.060 Gifts, bequests and donations - solicitation and acceptance - deposit in animal bequest fund restrictions.

     A. Consistent with K.C.C. chapter 3.04, the executive, the director of the department of executive services, the manager of the records and licensing services division, the manager of the regional animal services section, the council and councilmembers, and staff who report directly to those officers or officials and who do so at those officers' or officials' direction, may solicit and accept from the general public and business communities and all other persons, gifts, bequests and donations to the county in support of regional animal services.

     B. All gifts, bequests and donations of money to the county for regional animal services shall be deposited and credited to the animal bequest fund created under K.C.C. 4.08.410.

     C. The director of the department of executive services shall assure that expenditures from the gift, bequest or donation are consistent with the terms, if any, requested by the grantor. (Ord. 16861 ? 10, 2010).

    114

(King County 6-2010)

    ANIMAL CARE AND CONTROL REGULATIONS 11.04

    Chapter 11.04

    ANIMAL CARE AND CONTROL REGULATIONS

    (Formerly ANIMAL CONTROL REGULATIONS)

Sections:

    I. GENERAL PROVISIONS

     11.04.010 Purpose and scope - conflicts.

     11.04.020 Definitions.

    II. LICENSING

     11.04.030 Pet licenses - required - issuance - penalty - fee use - improper checks - exceptions.

     11.04.033 Animal shelter, kennel, grooming service, cattery and pet shop - General licenses -

     Requirements.

     11.04.035 License fees and penalties.

     11.04.050 Animal shelter, cattery, pet shop, grooming service and kennel license - Information

     required.

     11.04.060 Hobby kennel or hobby cattery licenses - required - limitations - requirements - issuance

     and maintenance - special hobby kennel license.

     11.04.070 Animal shelters, kennels, hobby kennels, catteries, hobby catteries or pet shops -

     reporting required.

     11.04.080 Animal shelters, kennels, catteries, grooming service or pet shops - inspections -

     unsanitary conditions unlawful.

     11.04.090 Animal shelters, kennels, grooming services, catteries and pet shops - Conditions.

     11.04.100 Animal shelters, kennels, catteries, grooming services and pet shops - Indoor facilities.

     11.04.110 Animal shelters, kennels, catteries and pet shops - Outdoor facilities.

     11.04.130 Grooming parlors - Conditions.

     11.04.140 Animal shelters, hobby kennels, kennels, pet shops, grooming parlors, guard dog

     purveyors, guard dog trainers and guard dog owners - additional condition.

     11.04.150 Licenses, registration - revocation, suspension or refusal to renew.

     11.04.160 Licenses, registration - revocation or refusal waiting period.

     11.04.165 Individual private animal placement permit - required - qualifications - limitations -

     inspection, denial and revocation.

     11.04.167 Organizational private animal placement permit - required qualifications - limitations -

     inspection, denial and revocation.

    115

    (King County 6-2010) 11.04 ANIMAL CARE AND CONTROL

    III. ENFORCEMENT, PENALTIES AND PROCEDURES

     11.04.170 Enforcement power.

     11.04.180 Violations - deemed nuisance - abatement.

     11.04.190 Violations - Misdemeanor - Penalty.

     11.04.200 Violations - civil penalty.

     11.04.210 Impounding.

     11.04.220 Additional enforcement.

     11.04.225 Additional enforcement - cruelty to animals.

     11.04.230 Nuisances defined.

     11.04.235 Transfer of unaltered dogs and cats prohibited.

     11.04.240 Unlawful acts against police department dogs - Penalty for violation.

     11.04.250 Violations - unlawful acts - cruelty to animals - database.

     11.04.260 Violations - notice and order.

     11.04.270 Appeals.

     11.04.280 Redemption procedures.

     11.04.290 Vicious animals - corrective action.

     11.04.300 Civil penalty and abatement costs - Liability of owner.

     11.04.310 Costs of enforcement action.

     11.04.330 Additional rules and regulations.

     11.04.335 Waiver of fees and penalties.

     11.04.345 Private Animal Placement Permit - Citizen Complaint Process.

    IV. MANDATORY SPAY AND NEUTER PROGRAM

     11.04.400 Mandatory spaying and neutering.

     11.04.410 Spay or neuter vouchers.

    V. OTHER PROVISIONS

     11.04.500 Euthanasia rate targets.

     11.04.510 Unaltered dogs and cats - Advertising requirements.

     11.04.520 Rabies vaccination required.

     11.04.530 Exemptions from chapter.

     11.04.540 Unauthorized release of animals from confinement.

     11.04.550 Monitoring and reporting.

     11.04.560 Public information education.

     11.04.570 Breeder certification program.

     11.04.580 Canvassing program.

    116

(King County 6-2010)

    ANIMAL CARE AND CONTROL REGULATIONS 11.04.010 - 11.04.020

    I. GENERAL PROVISIONS

     11.04.010 Purpose and scope - conflicts.

     A. It is declared the public policy of the county to secure and maintain such levels of animal care and control as will protect animal and human health and safety, and to the greatest degree practicable to prevent injury to property and cruelty to animal life. To this end, it is the purpose of this chapter to provide a means of caring for animals, licensing dogs, cats, hobby catteries, hobby kennels and related facilities and controlling errant animal behavior so that it shall not become a public nuisance and to prevent cruelty to animals.

     B. If there is a conflict between a provision of this chapter and a provision in K.C.C. Title 21A, the provision in K.C.C. Title 21A shall control. (Ord. 16861 ? 12, 2010: Ord. 15801 ? 4, 2007: Ord. 13148 ? 1, 1998: Ord. 1396 Art. I ? 2, 1972).

     11.04.020 Definitions. In construing this chapter, except where otherwise plainly declared or clearly apparent from the context, words shall be given their common and ordinary meaning. In addition, the following definitions apply to this chapter:

     A. "Abate" means to terminate any violation by reasonable and lawful means determined by the manager of the regional animal services section in order that an owner or a person presumed to be the owner shall comply with this chapter.

     B. "Altered" means spayed or neutered.

     C. "Animal" means any living creature except Homo sapiens, insects and worms.

     D. "Animal care and control authority" means the regional animal services section of the records and licensing services division, acting alone or in concert with other municipalities for enforcement of the animal care and control laws of the county and state and the shelter and welfare of animals.

     E. "Animal care and control officer" means any individual employed, contracted or appointed by the animal care and control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the care and licensing of animals, control of animals or seizure and impoundment of animals, and includes any state or municipal peace officer, sheriff, constable or other employee whose duties in whole or in part include assignments that involve the seizure and taking into custody of any animal.

     F. "Cattery" means a place where four or more adult cats are kept, whether by owners of the cats or by persons providing facilities and care, whether or not for compensation, but not including a pet shop. An adult cat is one of either sex, altered or unaltered, that is at least six months old.

     G. "Domesticated animal" means a domestic beast, such as any dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep, hog or other animal made to be domestic.

     H. "Euthanasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that causes painless loss of consciousness and death during the loss of consciousness.

     I. "Fostering" means obtaining unwanted dogs or cats and locating adoptive homes for those licensed and spayed or neutered dogs or cats.

     J. "Grooming service" means any place or establishment, public or private, where animals are bathed, clipped or combed for the purpose of enhancing either their aesthetic value or health, or both, and for which a fee is charged.

    117

    (King County 6-2010)

    11.04.020 ANIMAL CARE AND CONTROL

     K. "Harbored, kept or maintained" means performing any of the acts of providing care, shelter, protection, refuge, food or nourishment in such a manner as to control the animal's actions, or that the animal or animals are treated as living at one's house by the homeowner.

     L. "Hobby cattery" means a noncommercial cattery at or adjoining a private residence where four or more adult cats are bred or kept for exhibition for organized shows or for the enjoyment of the species. However, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number otherwise allowed in K.C.C. Title 21A.

     M. "Hobby kennel" means a noncommercial kennel at or adjoining a private residence where four or more adult dogs are bred or kept for any combination of hunting, training and exhibition for organized shows, for field, working or obedience trials or for the enjoyment of the species. However, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number otherwise allowed in K.C.C. Title 21A.

     N. "Juvenile" means any dog or cat, altered or unaltered, that is under six months old.

     O. "Kennel" means a place where four or more adult dogs are kept, whether by owners of the dogs or by persons providing facilities and care, whether or not for compensation, but not including a pet shop. An adult dog is one of either sex, altered or unaltered, that is at least six months old.

     P. "Livestock" has the same meaning as in K.C.C. 21A.06.695.

     Q. "Owner" means any person having an interest in or right of possession to an animal. "Owner" also means any person having control, custody or possession of any animal, or by reason of the animal being seen residing consistently at a location, to an extent such that the person could be presumed to be the owner.

     R. "Pack" means a group of two or more animals running upon either public or private property not that of its owner in a state in which either its control or ownership is in doubt or cannot readily be ascertained and when the animals are not restrained or controlled.

     S. "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity.

     T. "Pet" means a dog or a cat or any other animal required to be licensed by this chapter. "Dog," "cat" and "pet" may be used interchangeably.

     U. "Pet shop" means any person, establishment, store or department of any store that acquires live animals, including birds, reptiles, fowl and fish, and sells or rents, or offers to sell or rent, the live animals to the public or to retail outlets.

     V. "Private animal placement permit" means a permit or permits issued to qualified persons engaged in fostering dogs and cats, to allow them to possess more dogs and cats than is otherwise specified in K.C.C. Title 21A.

     W. "Running at large" means to be off the premises of the owner and not under the control of the owner, or competent person authorized by the owner, either by leash, verbal voice or signal control.

    118

(King County 6-2010)

    ANIMAL CARE AND CONTROL REGULATIONS 11.04.020 - 11.04.030

     X. "Service animal" means any animal that is trained or being trained to aid a person who is blind, hearing impaired or otherwise disabled and is used for that purpose and is registered with a recognized service animal organization.

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

     Z. "Special hobby kennel license" means a license issued under certain conditions to pet owners, who do not meet the requirements for a hobby kennel license, to allow them to retain only those specific dogs and cats then in their possession until such time as the death or transfer of the animals reduces the number they possess to the legal limit in K.C.C. Title 21A, the King County zoning code.

     AA. "Under control" means the animal is either under competent voice control or competent signal control, or both, so as to be restrained from approaching any bystander or other animal and from causing or being the cause of physical property damage when off a leash or off the premises of the owner.

     BB. "Vicious" means having performed the act of, or having the propensity to do any act, endangering the safety of any person, animal or property of another, including, but not limited to, biting a human being or attacking a human being or domesticated animal without provocation. (Ord. 16861 ? 13, 2010: Ord. 15971 ? 58, 2007: Ord. 15801 ? 5, 2007: Ord. 14498 ? 8, 2002: Ord. 11792 ? 4, 1995: Ord. 11404 ? 1, 1994: Ord. 10809 ? 1, 1992: Ord. 10423 ? 1, 1992: Ord. 7923 ? 1, 1987: Ord. 6370 ? 3, 1983: Ord. 4610 ? 1, 1979: Ord. 2428 ? 1, 1975: Ord. 2085 ? 1, 1974: Ord. 1396 Art. I ? 3, 1972).

    II. LICENSING

     11.04.030 Pet licenses - required - issuance - penalty - fee use - improper checks - exceptions.

     A. All dogs and cats eight weeks old and older that are harbored, kept or maintained in King County shall be licensed and registered. Licenses shall be renewed on or before the date of expiration.

     B. Upon application and the payment of a license fee made payable to the King County treasury according ot he schedule provided in K.C.C. 11.04.035, pet licenses shall be issued by the regional animal services section and may be issued by shelters, veterinarians, pet shops, catteries and kennels and other approved locations, under contract with the county.

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

     2. Juvenile licenses may be obtained in lieu of an unaltered pet license for pets from eight weeks to six months old.

     3. King County residents sixty-five years old or older may purchase a discounted pet license for their cats or dogs that are neutered or spayed and that are maintained at the registered owner's registered address. Residents sixty-five years old or older who have previously obtained a special permanent license for their cats or dogs shall not be required to purchase a new license for the permanently licensed animals

     4. Disabled residents that meet the eligibility requirements of the Metro regional reduced fare permit program authorized in K.C.C. chapter 28.94 may purchase a discounted pet license for their cats or dogs that are neutered or spayed and that are maintained at the registered owner's registered address.

     5. Applications for a pet license shall be on forms provided by the regional animal services section.

     6. License tags shall be worn by dogs at all times. As an alternative to a license tag, a dog or cat may be identified as licensed by being tattooed on its right ear or on its inside right thigh or groin with a license number approved or issued by the regional animal services section.

    119

    (King County 6-2010)

    11.04.030 - 11.04.033 ANIMAL CARE AND CONTROL

     7. Owners of dogs or cats who hold valid licenses from other jurisdictions and who move into King County may transfer the license by paying a transfer fee. The license shall maintain the original license's expiration date.

     8. It is a violation of this chapter for any person to sell or transfer ownership of any pet without a pet license. The regional animal services section shall be notified of the name, address and telephone number of the new owner by the person who sold or transferred the pet.

     9. An applicant may be denied the issuance or renewal of a pet license, if the applicant was previously found in violation of the animal cruelty provisions of K.C.C. 11.04.250 or convicted of animal cruelty under RCW 16.52.205 or 16.52.207.

     a. An applicant may be denied the issuance or renewal of a pet license for up to:

     (1) four years, if found in violation of the animal cruelty provisions of K.C.C. 11.04.250 or convicted of a misdemeanor under RCW 16.52.207; or

     (2) indefinitely, if convicted of a felony under RCW 16.52.205.

     b. Any applicant who is either the subject of a notice and order under K.C.C. 11.04.250 or charged with animal cruelty under RCW 16.52.205 or 16.52.207, may have the issuance or renewal of their pet license denied pending the final result of either the notice and order or charge.

     10. The denial of the issuance or renewal of a pet license is subject to appeal, in accordance with K.C.C. 11.04.270.

     11. Cat or dog owners are subject to a penalty according to the schedule in K.C.C. 11.04.035 for failure to comply with the licensing requirement in subsection A. of this section.

     C. A late fee shall be charged on all pet license applications, according to the schedule provided in K.C.C. 11.04.035.

     D. All fees and fines collected under this chapter shall be deposited in the general fund to be applied solely to regional animal services. The records and licensing services division is authorized to accept credit and bank card payments for fees and penalties imposed under this title, in accordance with K.C.C. chapter 4.100.

     E. It is a violation of this chapter for any person to knowingly issue a check for which funds are insufficient or to stop payment on any check written in payment of fees in this chapter. Any license or penalty paid for with those types of checks are, in the case of the license, invalid; and in the case of the penalty, still outstanding. Costs incurred by the county in collecting checks of this nature shall be considered a cost of abatement and are personal obligations of the animal owner under K.C.C. 11.04.300.

     F. Except for subsection G. [of this section], this section shall not apply to dogs or cats in the custody of a veterinarian or shelter or whose owners are nonresidents temporarily within the county for a period not exceeding thirty days.

     G. Veterinarians and shelters that sell or give away a dog or cat without a license shall make license application materials available to the new pet owner and shall provide the regional animal services section monthly with the list of list of information required by K.C.C. 11.04.070 for any dogs and cats given away or sold. (Ord. 16861 ? 14, 2010: Ord. 16309 ? 2, 2008: Ord. 15801 ? 6, 2007: Ord. 11404 ? 2, 1994: Ord. 10809 ? 2, 1993: Ord. 10423 ? 4, 1992: Ord. 10168 ? 1, 1991: Ord. 7986 ? 1, 1987: Ord. 7416 ? 1, 1985: Ord. 6702 ? 1, 1984: Ord. 6370 ? 4, 1983: Ord. 5805 ? 1, 1981: Ord. 4552 ? 1, 1979: Ord. 3980 ? 1, 1978: Ord. 3187 ? 1, 1977: Ord. 2869, 1976: Ord. 2158 ? 1, 1974: Ord. 1691 ? 1, 1973: Ord. 1396 Art. II ? 1, 1972).

     11.04.033 Animal shelter, kennel, grooming service, cattery and pet shop - General licenses - Requirements. All hobby kennels and hobby catteries must be licensed by the regional animal services section. Licenses shall be valid for one year from the date of application. Fees shall be assessed as provided in K.C.C. 11.04.035. There is no proration of the license fee. Renewal licenses shall retain the original expiration date whether renewed on or after their respective renewal month. Issuance of a license under this section shall not excuse any requirement to obtain a private animal placement permit. (Ord. 16861 ? 15, 2010: Ord. 15801 ? 7, 2007: Ord. 10423 ? 3, 1992).

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