Chapter 4
ANIMALS

Articles:

I. In General

II. Administration and Enforcement

III. Licenses

IV. Dangerous Dogs

V. Nuisances

VI. Vicious Animals

VII. Rabies Control

VIII. Impoundment

Article I.
IN GENERAL

Sections:

4-1 Definitions.

4-2 Purpose.

4-3 Contract with county.

4-4 Criminal penalty.

4-5 Civil penalty.

4-6 Personal obligations.

4-7 Costs of enforcement action.

4-8 Waiver of fees and penalties.

4-9 Additional enforcement.

4-10 Cruelty declared unlawful.

4-11 Fowl and rabbits.

4-12 Livestock.

4-13 Exotic animals.

4-14 Guard dogs.

4-15 Unlawful acts against police department dogs – Penalty for violation.

4-16 Euthanasia rate targets.

4-17 Sale or giving away of unaltered dogs and cats.

4-18 Advertisements for unaltered dogs and cats.

4-19 Canvassing program.

4-20 Use of revenue from canvassing program and sale of juvenile licenses.

4-21 Exemptions.

4-22 Release from confinement.

4-23 Monitoring.

4-24 Mandatory spaying and neutering.

4-25 Spay/neuter vouchers.

4-26 Education.

4-27 Breeder certification program.

4-28 – 4-40 Reserved.

4-1 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abatement shall mean the termination of any violation 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.

Animal shall mean any living creature except human beings, insects and worms.

Animal control authority shall mean the county animal control division, department of general services, acting alone or in concert with other municipalities for enforcement of the animal control laws of the county and city for the shelter and welfare of animals.

Animal control officer shall mean any individual employed, contracted or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the 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.

Animal rescuer means any individual who routinely obtains an unwanted dog or cat and who locates within 90 days an adoptive home for that spayed or neutered dog or cat; provided, however, an interim, administrative extension may be granted by the animal control authority for a maximum of six months if a dog or cat is pregnant, nursing, or injured and that condition is verified by a veterinarian.

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 small animal hospital, clinic or pet shop. An adult cat is one of either sex, altered or unaltered, that has reached the age of six months.

Dangerous dog shall mean any dog that according to the records of the animal control authority:

(1) Has inflicted severe injury on a human being without provocation on public or private property;

(2) Has killed a domestic animal without provocation while off the owner’s property;

(3) Has been previously found to be potentially dangerous and the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals;

(4) Has a known propensity, tendency or disposition to attack without provocation to cause injury or otherwise endanger humans and/or domestic animals based upon notice to the owner;

(5) Bites or attacks without provocation after prior notice to the owner;

(6) Is defined as a “dangerous dog” under RCW 16.08.070 as it currently exists or is amended in the future.

Director shall mean the director of the county department of health.

Domesticated animal shall mean those domesticated beasts including any dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep, hog or other animal made to be domestic.

Euthanasia shall mean 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 such loss of consciousness.

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

Harboring, keeping or maintaining a dog or cat shall mean performing any of the acts of providing care, shelter, protection, refuge, food or nourishment in such manner as to control the animal’s actions, or that the animal is treated as living at one’s house by the homeowner.

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; provided, however, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number allowed in FWCC 9-186.

Hobby kennel means a noncommercial kennel at or adjoining a private residence where four or more adult dogs are bred or kept for hunting, training and exhibition for organized shows, field, working and/or obedience trials, or for enjoyment of the species; provided, however, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number allowed in FWCC 9-169.1.

Juvenile means any dog or cat, altered or unaltered, that is under the age of six months.

Kennel shall mean 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 small animal hospital or clinic or pet shop. An adult dog is one of either sex, altered or unaltered, that has reached the age of six months.

Known propensity shall mean an inclination for behavior that the owner is or should be aware of.

Livestock means cattle, hogs, sheep, goats, horses, llamas and other large grazing animals, but does not include small, wild or predatory animals, as defined in King County Code 21.04.540.

Owner shall mean any person having an interest or right of possession to an animal or any person having control, custody or possession of an animal, or by reason of the animal being seen residing consistently at a location, shall be presumed to be the owner.

Packs of dogs shall consist of 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.

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

Potentially dangerous dog shall mean a dog the owner reasonably knows has aggressively bitten, attacked or endangered humans and/or domestic animals and as defined under RCW 16.08.070.

Running at large shall mean to be off the premises of the owner or custodian and not secured by a leash 20 feet or less.

Service animal means any animal which is trained or being trained to aide 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.

Severe injury shall mean any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery.

Shelter shall mean 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 devoted to the welfare, protection and humane treatment of animals.

Special hobby kennel license means a license issued to pet owners under certain conditions, 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 such animals reduces the number they possess to the legal limit set forth in this chapter.

Under control shall mean the animal is under voice competent and/or signal control so as to thereby 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. (Ord. No. 90-30, § 2(A) – (N), (P) – (T), 2-13-90; Ord. No. 92-153, § 2, 11-17-92; Ord. No. 06-527, § 1, 6-20-06; Ord. No. 06-530, § 1, 8-1-06)

4-2 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 practicable, prevent injury to property and cruelty to animal life. It is the purpose of this chapter to provide a means of licensing dogs and cats, animal shelters, hobby kennels, kennels and pet shops and to control errant animal behavior so that it shall not become a public nuisance, and to prevent cruelty to animals. (Ord. No. 90-30, § 1, 2-13-90; Ord. No. 92-153, § 1, 11-17-92)

4-3 Contract with county.

The city manager is authorized and empowered to execute a contract with the county to collect license and other fees and costs and to enforce the provisions of this chapter on behalf of the city. (Ord. No. 90-30, § 44, 2-13-90; Ord. No. 92-153, § 59, 11-17-92)

4-4 Criminal penalty.

Unless otherwise provided, any person who violates the provisions of this chapter, and provisions of RCW 16.08.010 et seq., shall be guilty of a misdemeanor, punishable as provided in FWCC 1-13. (Ord. No. 90-30, § 39, 2-13-90; Ord. No. 92-153, § 53, 11-17-92)

4-5 Civil penalty.

In addition to any other penalty in this chapter or by law, any person whose animal is in violation of this chapter shall incur a civil penalty in an amount not to exceed $250.00 per violation to be directly assessed by the director, plus actual costs incurred by the animal control authority. The director, in a reasonable manner, may vary the amount of the penalty to the nature and type of violation; the gravity of the violation; the number of past and present violations committed and the good faith of the violator in attempting to achieve compliance with prescribed requirements or after notification of a violation. All civil penalties assessed will be enforced and collected in accordance with the procedure specified in this chapter. (Ord. No. 90-30, § 40, 2-13-90; Ord. No. 92-153, § 54, 11-17-92)

4-6 Personal obligations.

The civil penalty and the cost of abatement are personal obligations of the animal owner. The city attorney on behalf of the city, or prosecuting attorney on behalf of the county, may collect the civil penalty and the abatement costs by use of all appropriate legal remedies. (Ord. No. 90-30, § 41, 2-13-90; Ord. No. 92-153, § 55, 11-17-92)

4-7 Costs of enforcement action.

In addition to costs and disbursements provided by state statute, the prevailing party in a collection action under this chapter may, in the court’s discretion, be allowed interest and reasonable attorneys’ fees on behalf of the city or county when the city or county is the prevailing party. (Ord. No. 90-30, § 42, 2-13-90; Ord. No. 92-153, § 56, 11-17-92)

4-8 Waiver of fees and penalties.

(a) The director of the animal control authority has the authority to waive licensing fees, late licensing penalty fees, and redemption and sheltering fees, in whole or in part, when it would further the goals of the animal control section and be in the public interest.

(b) In determining whether a waiver should apply, the director of the animal control authority must take into consideration the following elements:

(1) The reason the animal was impounded;

(2) The reason or basis for the violation, the nature of the violation, the duration of the violation and the likelihood the violation will not recur;

(3) The total amount of the fees charged as compared with the gravity of the violation;

(4) The effect on the owner, the animal’s welfare and the animal control section if the fee(s) or penalties are not waived and no payment is received. (Ord. No. 90-30, § 23, 2-13-90; Ord. No. 92-153, § 37, 11-17-92)

4-9 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 practices and abate any conditions which constitute a violation of this chapter or other regulations adopted in this chapter. (Ord. No. 90-30, § 43, 2-13-90; Ord. No. 92-153, § 58, 11-17-92)

4-10 Cruelty declared unlawful.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 16.52.011, Definitions – Principles of liability.

(2) RCW 16.52.015, Enforcement – Law enforcement agencies and animal care and control agencies.

(3) RCW 16.52.080, Transporting or confining in unsafe manner – Penalty.

(4) RCW 16.52.085, Removal of animals for feeding – Examination – Notice – Euthanasia.

(5) RCW 16.52.090, Docking horses – Misdemeanor.

(6) RCW 16.52.095, Cutting ears – Misdemeanor.

(7) RCW 16.52.100, Confinement without food and water – Intervention by others.

(8) RCW 16.52.110, Old or diseased animals at large.

(9) RCW 16.52.117, Animal fighting – Owners, trainers, spectators – Exceptions.

(10) RCW 16.52.165, Punishment – Conviction of misdemeanor.

(11) RCW 16.52.180, Limitations on application of chapter.

(12) RCW 16.52.185, Exclusions from chapter.

(13) RCW 16.52.190, Poisoning animals.

(14) RCW 16.52.193, Poisoning animals – Strychnine sales – Records – Report on suspected purchases.

(15) RCW 16.52.195, Poisoning animals – Penalty.

(16) RCW 16.52.200, Sentences – Forfeiture of animals – Liability for costs – Civil penalty – Education, counseling.

(17) RCW 16.52.210, Destruction of animal by law enforcement officer – Immunity from liability.

(18) RCW 16.52.220, Transfers of mammals for research – Certification requirements – Pet animals.

(19) RCW 16.52.230, Remedies not impaired.

(20) RCW 16.52.300, Dogs or cats used as bait – Seizure – Limitation. (Ord. No. 90-30, § 24, 2-13-90; Ord. No. 92-153, § 38, 11-17-92; Ord. No. 01-394, § 1, 6-19-01)

4-11 Fowl and rabbits.

It is unlawful for any person to sell, offer for sale, barter or give away any fowl under three weeks of age or any rabbit under two months of age as a pet, toy, premium or novelty, or to color, dye, stain or otherwise change the natural color of any such fowl or rabbit. (Ord. No. 90-30, § 35, 2-13-90; Ord. No. 92-153, § 49, 11-17-92)

4-12 Livestock.

It is unlawful for any person to permit any livestock to run at large. (Ord. No. 90-30, § 36, 2-13-90; Ord. No. 92-153, § 50, 11-17-92)

4-13 Exotic animals.

The provisions of King County Code Chapter 11.28, including all future amendments, are hereby adopted by reference as if set forth in full herein and are on file in the city clerk’s office. Such provisions shall apply to any acts or omissions which occur in the city. (Ord. No. 90-30, § 37, 2-13-90; Ord. No. 92-153, § 51, 11-17-92)

4-14 Guard dogs.

The provisions of King County Code Chapter 11.32, including all future amendments, are hereby adopted by reference as if set forth in full and are on file in the city clerk’s office. Such provisions shall apply to all acts and omissions which occur in the city. (Ord. No. 90-30, § 38, 2-13-90; Ord. No. 92-153, § 52, 11-17-92)

4-15 Unlawful acts against police department dogs – Penalty for violation.

(a) No person shall wilfully torment, torture, beat, kick, strike or harass any dog used by a police department for police work, or otherwise interfere with the use of any such dog for police work by said department or its officers or members.

(b) Any person who violates subsection (a) of this section shall be deemed guilty of a misdemeanor, punishable by not more than 90 days in jail or not more than $250.00 fine, or both. (Ord. No. 92-153, § 57, 11-17-92)

4-16 Euthanasia rate targets.

(a) It shall be the policy of King County that the following maximum euthanasia rate targets are used to measure the progress towards reducing the rates of unwanted, healthy pet cats and dogs destroyed by the animal control authority and/or its designees. The euthanasia rates shall not include animals that are destroyed because they are feral, medically or temperamentally unsuitable for adoption of have been released by their owners for owner-requested euthanasia. The computation of the euthanasia rates shall be based on a population which is defined as all of King County, except the city of Seattle.

(1) The number of healthy dogs and cats destroyed by King County animal control and its designees exceeds 11 cats per 1,000 persons living in the county and 6.6 dogs per 1,000 persons living in the county for any given year ending December 31st; or

(2) The number of healthy dogs and cats destroyed by King County animal control or its designees exceeds 5.5 cats per 1,000 persons living in the county and 3.3 dogs per 1,000 persons living in the county for the year ending December 31, 1996;or

(3) The number of healthy dogs and cats destroyed by King County animal control or its designees exceeds 1.7 cats per 1,000 persons living in the county and 1.0 dogs per 1,000 persons living in the county for the year ending December 31, 2000.

(b) The animal control authority shall report annually to the Federal Way city council about the number of unwanted, healthy pets destroyed and what additional measures or programs might be recommended for council approval to reduce the euthanasia rates. (Ord. No. 92-153, § 9, 11-17-92)

4-17 Sale or giving away of unaltered dogs and cats.

It is a violation of this chapter to sell or give away unaltered dogs and cats in any public place or to auction off or raffle unaltered dogs and cats as prizes or gifts. (Ord. No. 92-153, § 17, 11-17-92)

4-18 Advertisements for unaltered dogs and cats.

No person in the city shall publish or advertise to Federal Way residents the availability of any unaltered cat or dog unless the publication or advertisement includes: The unaltered animal’s license number or the animal’s juvenile license number, provided, however that nothing in this chapter shall prohibit licensed breeders from advertising in national publications for sale of a planned litter or litters. (Ord. No. 92-153, § 18, 11-17-92)

4-19 Canvassing program.

The animal control authority shall develop and implement a 12-month program to canvass households in the city for compliance with the licensing requirements of this chapter. Animal control authority employees and persons or organizations under contract to the animal control authority performing the canvassing shall have the authority to issue pet licenses and collect license fees. The canvassing program shall be reviewed by the animal control authority, and a report made to the city within 12 months after adoption of Ordinance No. 92-153. Funding for subsequent years shall be reviewed annually based upon an evaluation of the success of the canvassing program. (Ord. No. 92-153, § 36, 11-17-92)

4-20 Use of revenue from canvassing program and sale of juvenile licenses.

Funds collected from the animal control license canvassing program and the sale of juvenile licenses should be used for the following purposes:

(1) Fifty percent to pay for or provide reimbursements for the cost of spaying and neutering of cats and dogs. Although the subsidy shall be available to all people who own unaltered dogs or cats, the emphasis should be for pets owned or harbored by low-income or fixed-income residents or senior citizens on a low or fixed income to make spaying and neutering affordable and convenient for them.

(2) Fifty percent to provide public education to prevent the overpopulation of dogs and cats and to encourage licensing and the responsible treatment of cats and dogs, the education program shall include but not be limited to public advertising and informational campaigns.

(3) If the general services division of King County cannot adhere to the expenditure targets listed in subsections (1) and (2) of this section, they shall notify the city. (Ord. No. 92-153, § 20, 11-17-92)

4-21 Exemptions.

The provisions of this chapter shall not apply to dogs and cats in the custody of an animal facility registered or licensed by the United States Department of Agriculture and regulated by 7 United States Code 2131 et seq. (Ord. No. 92-153, § 22, 11-17-92)

4-22 Release from confinement.

No person other than the owner or person authorized by the owner of the animal shall release any animal from any confinement, vehicle or restraint unless such release is necessary for the immediate health and safety of the animal; provided this section shall not apply to peace officers and animal control or humane officers. (Ord. No. 92-153, § 23, 11-17-92)

4-23 Monitoring.

The animal control authority shall report to the city annually on the number of pets adopted, the number of animals euthanized, an estimate of the number of pets killed annually due to abandonment, the number and type of pet licenses issued, and the number of spay/neuter vouchers issued and redeemed. (Ord. No. 92-153, § 24, 11-17-92)

4-24 Mandatory spaying and neutering.

(a) No person shall own or harbor any cat or dog over the age of six months that has not been spayed or neutered unless the person holds an unaltered animal license for the animal pursuant to FWCC 9-165.

(b) Guide dog puppies in training and police service dogs are exempted from the provision of this section.

(c) Any dog or cat over the age of six months adopted from an animal shelter in King County shall be spayed or neutered before transfer to the owner. (Ord. No. 92-153, § 3, 11-17-92)

4-25 Spay/neuter vouchers.

When issuing a license for an unaltered pet the animal control authority shall also provide to the applicant a voucher with a value not to exceed that set forth by the county for the payment of all or part of the cost of a spay or neuter operation by a licensed veterinarian on such pet. The animal control authority shall compile, maintain and make available to the public a list of veterinarians who accept such vouchers as full or partial payment for spay or neuter operations. Spay/neuter vouchers shall be redeemed through the King County office of finance by veterinarians who have performed a spay or neuter operation on a pet licensed in the city as an unaltered pet. (Ord. No. 92-153, § 33, 11-17-92)

4-26 Education.

The animal control authority in conjunction with the King County animal control citizen’s advisory committee shall develop a public information and education campaign about responsible pet ownership, pet adoption, and the benefits of spay and neuter operations. The campaign should be coordinated with other animal interest groups. The materials shall be made available to the general public and provided to each person obtaining a license or redeeming a pet. Materials shall be made available to and disseminated through veterinarians, pet shops, catteries, kennels and the media. The use of pro bono assistance from entities having expertise in public advertising or information campaigns is encouraged. The education program shall be reviewed by the animal control authority, and a report shall be made to the animal control authority, and a report shall be made to the city annually. (Ord. No. 92-153, § 34, 11-17-92)

4-27 Breeder certification program.

The animal control authority in conjunction with the King County animal control citizen’s advisory committee shall develop a breeder certification program, including a definition of the term “breeder,” to promote the “best management practices” for the breeding and caring of animals. The proposed breeder certification program shall be submitted to the county council for approval. (Ord. No. 92-153, § 35, 11-17-92)

4-28 – 4-40 Reserved.

Article II.
ADMINISTRATION AND ENFORCEMENT

Sections:

Division 1. Generally

4-41 Authority to enforce.

4-42 Warrant required for entry.

4-43 Obstruction of officers.

4-44 – 4-55 Reserved.

Division 2. Abatement

4-56 Disposition of certain animals.

4-57 Abatement of public nuisance – Removal from city.

4-58 Violations – Commencement of proceedings.

4-59 Notice of classification or notice of violation – Order.

4-60 Standards of provisions.

4-61 – 4-70 Reserved.

Division 3. Appeal Procedure

4-71 Authority.

4-72 Form.

4-73 Scheduling.

4-74 Appellant action.

4-75 Failure to file.

4-76 Stay of enforcement.

4-77 – 4-105 Reserved.

Division 1. Generally

4-41 Authority to enforce.

The director of the animal control authority and authorized animal control officers and city law enforcement 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 control. (Ord. No. 90-30, § 18(A), 2-13-90; Ord. No. 92-153, § 28(A), 11-17-92)

4-42 Warrant required for entry.

The director of animal control authority or authorized animal control officer and city law enforcement officers shall not enter a building designated for and used for private purposes, unless a proper warrant has first been issued upon a showing that the officer has reasonable cause to believe an animal is being maintained in the building in violation of this chapter. The director of the animal control authority and authorized animal control officers and city law enforcement officers, while pursuing any animal observed by the officer to be in violation of this chapter, may enter upon any building designated for and used for private purposes, for the purpose of abating the animal violation being pursued or observed. (Ord. No. 90-30, § 18(B), 2-13-90; Ord. No. 92-153, § 28(B), 11-17-92)

4-43 Obstruction of officers.

No person shall deny, prevent, obstruct or attempt to deny, prevent or obstruct any officer from pursuing any animal observed to be in violation of this chapter. No person shall fail to neglect, after a proper warrant has been presented, to promptly permit the director or authorized animal control officer or city law enforcement officer to enter private property to perform any duty imposed by this chapter. (Ord. No. 90-30, § 18(C), 2-13-90; Ord. No. 92-153, § 28(C), 11-17-92)

4-44 – 4-55 Reserved.

Division 2. Abatement

4-56 Disposition of certain animals.

Any dog or other animal, except vicious or dangerous animals included in FWCC 4-121 through 4-124 and 4-176 through 4-179, which bites, attacks, or attempts to bite one or more persons two or more times within a two-year period is declared to be a public nuisance and shall be removed from the city within 48 hours after receiving written notice from the director or authorized animal control officer and shall not be kept in the city. Such animal found in violation of this section will be impounded and the owner or keeper of such animal shall have no right to redeem such animal. The animal shall be disposed of pursuant to FWCC 4-229 as an unredeemed animal. (Ord. No. 90-30, § 19(C), 2-13-90; Ord. No. 92-153, § 29(C), 11-17-92)

4-57 Abatement of public nuisance – Removal from city.

(a) Any animal constituting a public nuisance as provided in FWCC 4-146 through 4-154 shall be abated and removed from the city by the owner or by the director of the animal control authority or authorized animal control officer, upon receipt by the owner of three notices and orders of violation in any one-year period.

(b) Where it is established by record pursuant to this division and no finding was entered showing that the owner will be able to provide reasonable restraints to protect the public from repeat violations, the director of the animal control authority shall notify and direct the owner of the animal to abate or remove the animal from the city within 96 hours from the date of 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 animal 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. (Ord. No. 90-30, § 19, 2-13-90; Ord. No. 92-153, § 29(B), 11-17-92)

4-58 Violations – Commencement of proceedings.

Whenever the director or authorized animal control officer has found an animal maintained in violation of this chapter, 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 FWCC 4-179 shall apply to vicious animals or dangerous dogs. (Ord. No. 90-30, §§ 19(A), 25(A), 2-13-90; Ord. No. 92-153, §§ 29(A), 39(A), 11-17-92)

4-59 Notice of classification or notice of violation – Order.

(a) The director or authorized animal control officer shall issue a notice and order directed to the owner or the person presumed to be the owner of the animal subject to classification of dangerous or potentially dangerous dogs or animals maintained in violation of this chapter. The notice and order shall contain:

(1) The name and address, if known, of the owner or person presumed to be the owner of the animal in violation of this chapter;

(2) The license number, if available, and description of the animal in violation sufficient for identification;

(3) A statement that the director or authorized animal control officer has found the animal maintained illegally with a brief and concise description of the conditions found to render the animal in violation of this chapter;

(4) A statement of the action required to be taken as determined by the director of the animal control authority as follows:

a. If the director has determined the violation must be abated, the order shall require the abatement 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 control 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) A statement advising that if any required abatement is not commenced within the time specified, the director of the animal control authority will proceed to cause abatement and charge the costs thereof against the owner;

(6) A statement advising 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 in this chapter, and filed with the director of the animal control authority within 14 days from the date of service of such notice and order; and that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.

(b) The notice and order shall be served on the owner or presumed owner of the animal or person with right to control the animal to be classified or in violation. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of the notice and order by certified mail, postage prepaid, to the person at his or her last known address, or by posting the notice and order on the front door of the living unit of the owner or person with right to control the animal.

(c) Proof of service of the notice and order shall be made at the time of service by written declaration under penalty of perjury by the person effecting service, declaring the time, date and manner in which service was made. (Ord. No. 90-30, § 25(B)(1) – (6)(a) – (6)(e), 2-13-90; Ord. No. 92-153, § 39(B)(1) – (6)(a) – (6)(e), 11-17-92; Ord. No. 06-527, § 2, 6-20-06)

4-60 Standards of provisions.

The standards of this chapter shall be followed by the director of the animal control authority in determining the existence of an animal control violation and in determining the abatement action required. (Ord. No. 90-30, § 25(B)(6)(f), 2-13-90; Ord. No. 92-153, § 39(B)(6)(f), 11-17-92)

4-61 – 4-70 Reserved.

Division 3. Appeal Procedure

4-71 Authority.

The county board of appeals, as established by Article 7 of the King County Charter, is designated to hear appeals by parties aggrieved by actions of the director of the animal control authority pursuant to this chapter. All decisions and findings of the board shall be rendered to the appellant with a copy to the director of the animal control authority. (Ord. No. 90-30, § 26, 2-13-90; Ord. No. 92-153, § 40, 11-17-92)

4-72 Form.

Any person entitled to service or notice under FWCC 4-59 may appeal from any notice and order or any action of the director of the animal control authority under this chapter by filing at the office of the director of the animal control authority within 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;

(6) The signatures of all parties’ names as appellants, and their official mailing addresses; and

(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. (Ord. No. 90-30, § 27, 2-13-90; Ord. No. 92-153, § 41, 11-17- 92)

4-73 Scheduling.

The county 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 appellant by the manager-clerk of the board. (Ord. No. 90-30, § 28, 2-13-90; Ord. No. 92-153, § 42, 11-17-92)

4-74 Appellant action.

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 of the animal control authority. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered. (Ord. No. 90-30, § 29, 2-13-90; Ord. No. 92-153, § 43, 11-17-92)

4-75 Failure to file.

Failure of any person to file an appeal in accordance with this division shall constitute a waiver of the right to an administrative hearing. (Ord. No. 90-30, § 30, 2-13-90; Ord. No. 92-153, § 44, 11-17-92)

4-76 Stay of enforcement.

Enforcement of any notice and order of the director of the animal control authority issued under this chapter shall be stayed during the pending of an appeal except impoundment of an animal which is vicious, dangerous or cruelly treated. (Ord. No. 90-30, § 31, 2-13-90; Ord. No. 92-153, § 45, 11-17-92)

4-77 – 4-105 Reserved.

Article III.
LICENSES

Sections:

4-106 License requirements.

4-107 Pet license issuance.

4-108 Penalty.

4-109 Nonapplicability.

4-110 License fee and penalties.

4-111 – 4-120 Reserved.

4-106 License requirements.

All dogs and cats eight weeks and over which are harbored, kept or maintained with the city shall be licensed and registered annually; provided, that an altered two-year license may be purchased. This section shall not apply to dogs used by any city police agency for any governmental law enforcement agency for police work. (Ord. No. 90-30, § 3, 2-13-90; Ord. No. 92-153, § 5(A), 11-17-92)

4-107 Pet license issuance.

(a) Pet licenses shall be issued by the city clerk for the animal control authority and may be issued by veterinarians, pet shops, catteries, and kennels and other approved locations upon application and the payment of a license fee made payable to the city of Federal Way according to the schedule provided in the fee resolution.

(b) Pet licenses for unaltered dogs and cats will be valid for a term of one year from the date of issuance, expiring on the last day of the twelfth month. Pet licenses for altered dogs and cats will be valid for two years, expiring on the last day of the twenty-fourth month. There is no proration of any license fees. Renewal licenses will retain the original expiration period whether renewed prior to, on or after their respective renewal month.

(c) Juvenile licenses must be obtained for pets from four weeks to six months of age.

(d) City residents 65 years of age or older shall be entitled to purchase a special permanent license for the lifetime of cats or dogs which are neutered or spayed and for which they are the registered owners when such animals are maintained at the owner’s registered address. The special permanent animal license fee shall be established by the county; provided, that the owner provides written proof that the animal has been spayed or neutered. Such residents shall not be required to annually purchase a new license for the lifetime of such licensed animals; provided, that no person shall be granted more than three special animal licenses for any combination of three cats and dogs for which they are the registered owner.

(e) Applications for a pet license shall be on forms provided by the animal control authority.

(f) All license tags issued herein shall be securely affixed to a substantial collar, harness or other means which shall be worn by the dog or cat at all times. As an alternative to a license tag, a dog or cat may be identified by being tattooed on its right ear or on its inside right thigh or groin with the license number approved or issued by the animal control authority.

(g) The county animal control section is authorized to collect a fee for a lost or stolen license tag replacement to be established by the county and on file in the office of the city clerk.

(h) Owners of dogs and/or cats which have old valid licenses from other jurisdictions and who move into the city of Federal Way may transfer the license by paying a transfer fee. Such license shall maintain the original expiration date.

(i) It shall be a violation of this chapter for any person to sell or transfer ownership of any pet without a pet license. The King County animal control authority shall be notified of the name, address and telephone number of the new owner by the person who sold or transferred the pet. (Ord. No. 90-30, § 4, 2-13-90; Ord. No. 92-153, § 5(B), 11-17-92)

4-108 Penalty.

(a) A late penalty shall be charged on all pet license applications according to schedule adopted by the county.

(b) No late penalty shall be charged on new license applications if:

(1) The owner submits proof of purchase or acquisition of the animal within the preceding 30 days;

(2) The owner has moved into the city within the preceding 30 days;

(3) The animal is currently or has been within the preceding 30 days under the age which requires a license;

(4) The owner purchases the license voluntarily, prior to in-person or field contact by animal control personnel; or

(5) The owner submits other proof deemed acceptable in the animal control authority. (Ord. No. 90-30, § 5, 2-13-90; Ord. No. 92-153, § 6, 11-17-92)

4-109 Nonapplicability.

(a) The provisions of this division shall not apply to dogs or cats in the custody of a veterinarian or animal shelter, or animal rescuer, or whose owners are nonresidents temporarily within the city for a period not exceeding 30 days.

(b) When a blind person, physically disabled person or hearing impaired person requests that no fee be charged to license his or her guide or service dog, no fee shall be charged. (Ord. No. 90-30, § 6, 2-13-90; Ord. No. 92-153, § 7, 11-17-92)

4-110 License fee and penalties.

(a) All fees collected shall be consistent with those established by King County and set forth in the city of Federal Way fee resolution.

(b) All fees and fines collected under this chapter shall be forwarded to King County and shall be distributed in accordance with the King County/city of Federal Way interlocal agreement.

(c) Checks. It shall be 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 required by this chapter. Any license(s) or penalties paid for which such checks are, in the case of the license, invalid; and in the case of the penalty, still outstanding. Costs incurred by the city in collecting checks of this nature shall be considered a cost of abatement and are personal obligations of the animal owner. (Ord. No. 92-153, § 8, 11-17-92)

4-111 – 4-120 Reserved.

Article IV.
DANGEROUS DOGS

Sections:

4-121 Dangerous dogs prohibited.

4-122 Exception.

4-123 Confiscation.

4-124 General provisions.

4-125 – 4-145 Reserved.

4-121 Dangerous dogs prohibited.

(a) It is unlawful to own or possess a dangerous dog within the city limits of the city of Federal Way. For the purpose of this provision, “dangerous dog” shall be defined by FWCC 4-1 and RCW 16.08.070.

(b) Upon final designation of a dog as a dangerous dog, the dog must either be surrendered to the animal control authority or be removed from the city limits of Federal Way within 72 hours of the designation.

(c) Violation of this section shall be a gross misdemeanor, punishable by up to one year in jail and a fine of up to $5,000.

(d) Owners or keepers of dangerous dogs shall be strictly liable for any damage caused by the dangerous dogs. (Ord. No. 90-30, § 33(A), 2-13-90; Ord. No. 92-153, § 47(A), 11-17-92; Ord. No. 06-527, § 3, 6-20-06)

4-122 Exception.

A dog shall not be considered a dangerous dog if the threat, injury or damage was sustained by a person who, at the time, was committing a wilful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing or assaulting the dog or has in the past been observed or reported to have tormented, abused or assaulted the dog or was committing or attempting to commit a crime. (Ord. No. 90-30, § 2(E), 2-13-90; Ord. No. 92-153, § 2(G), 11-17-92)

4-123 Confiscation.

Any dog shall be immediately confiscated by the animal control authority if the dog has been deemed a dangerous dog as defined by FWCC 4-1 or RCW 16.08.070 and the owner has received notice under RCW 16.08.080 and either failed to appeal or been denied relief following appeal under this chapter.

If the dangerous dog designation is under appeal at the time of confiscation, the dog shall remain confined at the owner’s expense while the appeal is pending.

Any dangerous dog confiscated under this section will be held pending appeal of the classification or violation; upon final determination it may be disposed of and the owner has no right to redeem such dog.

However, upon showing of good cause and by discretion of the animal control authority, the dog may be released to the owner for removal from within the city limits.

In addition, the owner shall, upon conviction, be guilty of a gross misdemeanor punishable as provided in RCW 9A.20.021. (Ord. No. 90-30, § 33(C), 2-13-90; Ord. No. 92-153, § 47(C), 11-17-92; Ord. No. 06-527, § 5, 6-20-06. Formerly 4-124)

4-124 General provisions.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 16.08.020, Dogs injuring stock may be killed.

(2) RCW 16.08.030, Marauding dog – Duty of owner to kill. (Ord. No. 01-394, § 2, 6-19-01; Ord. No. 06-527, § 6, 6-20-06. Formerly 4-125)

4-125 – 4-145 Reserved.

Article V.
NUISANCES

Sections:

4-146 Common law adoption by reference.

4-147 Running at large.

4-148 Presence in food establishments.

4-149 Female dogs in heat.

4-150 Chasing vehicles.

4-151 Growling, jumping, etc. – Animals.

4-152 Vicious animals.

4-153 Noisy animals.

4-154 Other nuisances.

4-155 – 4-175 Reserved.

4-146 Common law adoption by reference.

All public nuisances relating to animal control known at common law or in equity jurisprudence are hereby adopted and made a part of this article. (Ord. No. 90-30, § 20(A), 2-13-90; Ord. No. 92-153, § 30(A), 11-17-92)

4-147 Running at large.

(a) The owner or keeper of a dog shall not permit such dog to run at large within the city. A dog is running at large and is a nuisance even if the dog is accompanied by the owner or custodian, if it is not secured by a leash. The only allowable exceptions to this section are when an owner or custodian is training or exercising a dog on his or her own property, on the property of another person with the permission of the owner of the property, on public property designated to allow dog competition sanctioned by national organizations, or in the designated off-leash area within French Lake Park. The hours of French Lake Park shall be 7:00 a.m. to dusk except for the months of May through August when the hours shall be 7:00 a.m. to 9:00 p.m.

(b) Any domesticated animal, whether licensed or not, which runs at large in any park, other than the designated off-leash area within French Lake Park, or enters any public beach, pond, fountain or stream therein, or upon any public playground or school ground is declared to be a nuisance. This subsection shall not prohibit a person from walking or exercising an animal in a public park or on any public beach when such animal is on a leash, tether or chain not to exceed 20 feet in length. This subsection shall not apply to any blind person using a trained seeing-eye dog, 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. (Ord. No. 90-30, §§ 2(Q), 20(B), 2-13-90; Ord. No. 92-153, §§ 2, 30(B), (C), 11-17-92; Ord. No. 05-495, § 1, 7-5-05; Ord. No. 06-530, § 2, 8-1-06)

4-148 Presence in food establishments.

The owner or keeper shall not allow an animal to enter any place where food is stored, prepared, served or sold to the public, or any other public building or hall, and any such animal is declared to be a nuisance. This section shall not apply to any blind person using a trained seeing-eye dog, veterinary offices or hospitals or 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. (Ord. No. 90-30, § 20(D), 2-13-90; Ord. No. 92-153, § 30(D), 11-17-92)

4-149 Female dogs in heat.

The owner or keeper of a female domesticated animal whether licensed or not, while in heat, shall prevent such animal from being accessible to other male animals for purposes other than controlled and planned breeding. (Ord. No. 90-30, § 20(E), 2-13-90; Ord. No. 92-153, § 30(E), 11-17-92)

4-150 Chasing vehicles.

A domesticated animal which chases, runs after or jumps at vehicles using the public streets and alleys is declared to be a nuisance. (Ord. No. 90-30, § 20(F), 2-13-90; Ord. No. 92-153, § 30(F), 11-17-92)

4-151 Growling, jumping, etc. – Animals.

A domesticated animal which habitually snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets, alleys or other public ways is declared to be a nuisance. (Ord. No. 90-30, § 20(G), 2-13-90; Ord. No. 92-153, § 30(G), 11-17-92)

4-152 Vicious animals.

(a) Any animal which has exhibited vicious propensities and which constitutes a danger to the safety of persons or property off the premises of its owner or lawfully on such premises is declared to be a nuisance.

(b) A vicious animal or animal with vicious propensities which runs at large at any time, or such an animal off the owner’s premises not securely leashed on a line or confined and in the control of a person of suitable age and discretion to control or restrain such an animal is hereby declared to be a nuisance.

(c) In addition to other remedies and penalties, the provisions of this chapter relating to vicious or dangerous animals shall apply. (Ord. No. 90-30, § 20(H), (I), 2-13-90; Ord. No. 92-153, § 30(H), (I), 11-17-92)

4-153 Noisy animals.

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, is hereby declared to be a nuisance. (Ord. No. 90-30, § 20(J), 2-13-90; Ord. No. 92-153, § 30(J), 11-17-92)

4-154 Other nuisances.

The following are declared to be nuisances:

(1) Any domesticated animal which enters upon another person’s property without the permission of that person;

(2) Animals staked, tethered or kept on public property without prior written consent of the animal control authority;

(3) Animals on any public property or not under the control of the owner or other competent person;

(4) Animals kept, harbored or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian; or

(5) Animals running in packs. (Ord. No. 90-30, § 20(K) – (O), 2-13-90; Ord. No. 92-153, § 30(K) – (O), 11-17-92)

4-155 – 4-175 Reserved.

Article VI.
VICIOUS ANIMALS

Sections:

4-176 Compliance required.

4-177 Factors required to be considered.

4-178 Optional factors considered.

4-179 Violations.

4-180 – 4-199 Reserved.

4-176 Compliance required.

An animal declared by the director to be vicious may be kept, harbored or maintained in the city only upon compliance with the requirements prescribed by the director. (Ord. No. 90-30, § 32(A), 2-13-90; Ord. No. 92-153, § 46(A), 11-17-92)

4-177 Factors required to be considered.

In prescribing requirements to be observed in compliance with this article, the director shall take into consideration the following factors:

(1) The breed of the animal and its characteristics;

(2) The physical size of the animal;

(3) The number of animals in the owner’s home;

(4) The zoning involved, size of the lot where the animal resides, the number and proximity of neighbors;

(5) The existing control factors, including but not limited to fencing, caging, runs and staking locations;

(6) The nature of the behavior giving rise to the director’s determination that the animal is vicious:

a. Extent of the injury;

b. Circumstances, e.g., time of day, on/off property, provocation instinct;

c. Circumstances surrounding the result and complaint, e.g., neighborhood disputes, identification, credibility of complainants and witnesses. (Ord. No. 90-30, § 32(A)(1), 2-13-90; Ord. No. 92-153, § 46(A)(1), 11-17-92)

4-178 Optional factors considered.

Requirements which may be prescribed under this article include but are not limited to the following:

(1) Erection of additional or new fencing adequate to keep the animal within the confines of its property;

(2) Construction of a run within which the animal is to be kept. Dimensions of the run will be consistent with the size of the animal;

(3) Keeping the animal on a leash adequate to control the animal, the length and location to be determined by the director. When unattended the leash must be securely fastened to a secure object;

(4) Maintenance of the animal indoors at all times, except when personally controlled on a leash adequate to control the animal by the owner or a competent person at least 15 years of age;

(5) Removal of the animal from the city within 48 hours from the receipt of such notice. (Ord. No. 90-30, § 32(2), 2-13-90; Ord. No. 92-153, § 46(A)(2), 11-17-92)

4-179 Violations.

Failure to comply with any requirement prescribed by the director pursuant to this article constitutes a misdemeanor. The animal shall not be kept in the city 48 hours after receiving written notice from the director. The animal found in violation of this article will be impounded and disposed of pursuant to FWCC 4-229 as an unredeemed animal, and the owner or keeper of such animal has no right to redeem such animal. (Ord. No. 90-30, § 32(B), 2-13-90; Ord. No. 92-153, § 46(B), 11-17-92)

4-180 – 4-199 Reserved.

Article VII.
RABIES CONTROL

Sections:

4-200 Vaccination requirement.

4-201 Enforcement.

4-202 Quarantine order.

4-203 Notice of rabies hazard – Quarantine period.

4-204 Violation of quarantine.

4-205 Destruction of infected animals.

4-206 Vaccination order.

4-207 – 4-225 Reserved.

4-200 Vaccination requirement.

All dogs and cats six months of age or older shall be vaccinated against rabies. All vaccinations shall be performed in accordance with the standards contained in the Compendium of Animal Rabies Control as amended, published by the National Association of State Public Health Veterinarians, Inc. (Ord. No. 92-153, § 21, 11-17-92)

4-201 Enforcement.

The director of the Seattle-King County department of public health is authorized to enforce the provisions of this article and any rules and regulations promulgated hereunder pursuant to the enforcement and penalty provisions of King County Code, Title 23. (Ord. No. 90-30, § 34(F), 2-13-90; Ord. No. 92-153, § 48(F), 11-17-92)

4-202 Quarantine order.

Whenever the director has cause to suspect that an animal capable of transmitting rabies is infected with such disease, he or she shall order a period of quarantine of not less than 10 days. The director shall notify in writing the owner or keeper of the infected animal of such quarantine order. The infected animal shall be quarantined by the animal control authority in its shelter or upon the premises of the owner or licensed veterinarian where conditions of quarantine are strictly kept. The place of quarantine shall be at the discretion of the director, unless the animal had been exposed to rabies by contact, in which case FWCC 4-205 shall apply. Delivery of a copy of such quarantine order to some person of suitable age and discretion residing upon the premises where such animal is found shall be notice of such quarantine. Good cause for such order of quarantine shall include, but is not limited to, evidence that such animal has bitten, or that there is reasonable certainty that such animal has bitten, a human being. During the period of quarantine, the officers, agents and employees of the animal control authority, and the other police officers, are authorized to enter any premises for the purpose of apprehending any such animal and impounding same, except where kept upon the premises of the owner or licensed veterinarian as above provided. (Ord. No. 90-30, § 34(A), 2-13-90; Ord. No. 92-153, § 48(A), 11-17-92)

4-203 Notice of rabies hazard – Quarantine period.

Whenever the director determines that rabies is currently a hazard to the public health in the city by reason of the fact that a case of rabies has been diagnosed in any animal, he or she shall cause a notice of such hazard to be published in a newspaper of general circulation in the area for three successive days, which determination and notice shall declare the quarantine period and area. The quarantine period shall be 30 days after the last publication of notice; and it is a misdemeanor and is unlawful for any owner, or person entitled to custody of such animal, to keep or harbor any animal capable of transmitting rabies unless securely confined by a leash or tight enclosure from which it cannot escape. Any animal capable of transmitting rabies found running at large during such period shall be impounded and humanely destroyed by order of the director or his or her designee. If apprehension and impounding by safe means is not possible, such animal may be destroyed summarily. Such director may extend any such quarantine period if deemed necessary by like additional determinations and notices. (Ord. No. 90-30, § 34(B), 2-13-90; Ord. No. 92-153, § 48(B), 11-17-92)

4-204 Violation of quarantine.

It is unlawful for any owner or person charged with the custody of any animal subject to a quarantine defined in this section to permit any such animal to come in contact with any other animal or person or to run at large or to be removed from any quarantine premises without the consent of the director of public health. (Ord. No. 90-30, § 34(C), 2-13-90; Ord. No. 92-153, § 48(C), 11-17-92)

4-205 Destruction of infected animals.

Any animal bitten by an animal found to be rabid by appropriate laboratory tests shall be destroyed by order of the director of public health. (Ord. No. 90-30, § 34(D), 2-13-90; Ord. No. 92-153, § 48(D), 11-17-92)

4-206 Vaccination order.

Whenever the director, by order published in a newspaper of general circulation in the area for three successive days, determines that conditions exist as indicated in FWCC 4-203 in a specified area wherein it is necessary for the protection of the public health that animals capable of transmitting rabies be vaccinated within 30 days with antirabies vaccine, he or she shall order that all such animals four months old or over shall be so vaccinated or humanely destroyed at the option of the owner or keeper. It is a misdemeanor and is unlawful for any owner, or person charged with the custody of such animal, to fail or refuse to procure the vaccination within such time. (Ord. No. 90-30, § 34(E), 2-13-90; Ord. No. 92-153, § 48(E), 11-17-92)

4-207 – 4-225 Reserved.

Article VIII.
IMPOUNDMENT

Sections:

4-226 Authorized.

4-227 Reserved.

4-228 Injured or diseased animals.

4-229 Disposition of unredeemed animals.

4-230 Prohibited sales.

4-230.1 Spaying or neutering of unaltered dog or cat impounded more than once.

4-231 Redemption procedures.

4-226 Authorized.

The director of animal control and his or her authorized representatives may apprehend any animal found doing any of the acts defined as public nuisances in FWCC 4-146 et seq. or being subject to cruel treatment under this chapter. Except as otherwise provided in FWCC 4-56, after such animals are apprehended, the animal control authority shall ascertain whether they are licensed, or otherwise identifiable. If reasonably possible, the animal control authority shall return the animal to the owner together with a notice of violation of this chapter. If it is not reasonably possible to immediately return a currently licensed animal to its owner, the animal control authority shall notify the owner within a reasonable time by regular mail or telephone that the animal has been impounded and may be redeemed. Any currently licensed animal impounded pursuant to this article shall be held for the owner at least 120 hours after telephone contact by the impounding agency or for at least two weeks after posting of the notification of impoundment by regular mail; any other animal impounded pursuant to this chapter shall be held for its owner at least 72 hours from the time of impoundment. The county shall not sell any animals to research institutes or licensed dealers for research purposes. 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 prescribed herein. (Ord. No. 90-30, § 21(A), 2-13-90; Ord. No. 92-153, § 31(A), 11-17-92)

4-227 Reserved.

Editor’s note – Ord. No. 92-153, § 31, adopted Nov. 17, 1992, deleted former § 4-227, relative to a holding period, which derived from Ord. No. 90-30, § 21(B), enacted Feb. 13, 1990.

4-228 Injured or diseased animals.

Any animal suffering from serious injury or disease may be humanely destroyed, or, in the discretion of the impounding authority, may be held for a longer period and redeemed by any person on payment of charges not exceeding those prescribed in this article. (Ord. No. 90-30, § 21(C), 2-13-90; Ord. No. 92-153, § 31(B), 11-17-92)

4-229 Disposition of unredeemed animals.

Any animal impounded under this article not redeemed shall be treated in one of the following ways:

(1) Made available for adoption at a fee as on file in the city clerk’s office.

a. Any person may adopt an animal impounded pursuant to the provisions contained in this article when all billable costs, redemption fees, penalties and boarding costs incurred in such impoundment are made payable to the county finance director, which may be accepted by the animal control authority acting as agent for the county.

b. All dogs and cats over the age of six months adopted from the King County animal shelter shall be spayed or neutered prior to adoption. A spay/neuter deposit shall be charged for dogs and cats under the age of six months which are too young to be spayed/neutered prior to adoption. This deposit will be returned to the adopting person upon submission of proof that the sterilization was performed within six months from the date of adoption. Failure to spay/neuter such dog or cat is a violation of this chapter and a breach of the adoption contract and will result in the forfeiture of adoption and return of the dog or cat to King County animal control for the required spaying/neutering.

c. The director shall have the authority to set administrative rules regarding the adoption of animals from the county shelters.

(2) Humanely destroyed by euthanasia. (Ord. No. 90-30, § 21(D), 2-13-90; Ord. No. 92-153, § 31(C), 11-17-92)

4-230 Prohibited sales.

The animal control authority shall not sell any animals impounded under this article for the purpose of medical research to any research institute or any other purchasers. (Ord. No. 90-30, § 21(E), 2-13-90; Ord. No. 92-153, § 31(D), 11-17-92)

4-230.1 Spaying or neutering of unaltered dog or cat impounded more than once.

An unaltered dog or cat impounded more than once shall be spayed or neutered by the animal control authority prior to the release of the dog or cat. The cost of the spay or neuter shall be charged to the owner upon redemption but shall be deducted from the impound/redemption fees otherwise required under this chapter. (Ord. No. 92-153, § 31(E), 11-17-92)

4-231 Redemption procedures.

Any animal impounded pursuant to the provisions of this article may be redeemed upon payment of the redemption fee as provided for in the fee resolution. Owners of impounded licensed dogs or cats shall not be charged a redemption fee on the first offense, but shall be charged on the second offense at the second offense rate. An additional fee as set forth in the fee resolution for each 24-hour period, or portion thereof, during which such dog or cat is retained by the impounding agency shall be made payable to King County. The redemption fee for livestock per animal impound incident, plus any hauling or boarding costs due are set forth in the fees on file in the city clerk’s office. Livestock not redeemed may be sold at public auction by the impounding agency. The hauling and boarding costs for livestock impounded shall be in accordance with the rate established by contract with the county and the given stockyard used for holding such animal. (Ord. No. 90-30, § 22, 2-13-90; Ord. No. 92-153, § 32, 11-17-92)