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AN ORDINANCE relating to animal care and control; and amending Ordinance 1269, Section 1, as amended, and K.C.C. 11.02.010, Ordinance 1269, Section 3, as amended, and K.C.C. 11.02.020, Ordinance 1370, Section 1, as amended, and K.C.C. 11.02.030, Ordinance 1396, Article I Section 2, as amended, and K.C.C. 11.04.010, Ordinance 1396, Article I Section 3, as amended, and K.C.C. 11.04.020, Ordinance 1396, Article II Section 1, as amended, and K.C.C. 11.04.030, Ordinance 10423, Section 3, and K.C.C. 11.0|1013|.033, Ordinance 7416, Section 2, as amended, and K.C.C. 11.04.035, Ordinance 1396, Article II Section 3, as amended, and K.C.C. 11.04.050, Ordinance 1396, Article II Section 4, as amended, and K.C.C. 11.04.060, Ordinance 1396, Article II Section 5, as amended, and K.C.C. 11.04.070, Ordinance 1396, Article II Section 6, as amended, and K.C.C. 11.04.080, Ordinance 1396, Article II Section 12, as amended, and K.C.C. 11.04.140, Ordinance 1396, Article II Section 13, as amended, and K.C.C. 11.04.150, Ordinance |1013|396, Article II Section 14, as amended, and K.C.C. 11.04.160, Ordinance 10809, Section 3, as amended, and K.C.C. 11.04.165, Ordinance 10809, Section 4, as amended, and K.C.C.11.04.167, Ordinance 1396, Article III Section 1, as amended, and K.C.C. 11.04.17|1013|, Ordinance 1396, Article 2, and K.C.C. 11.04.180, Ordinance 1396, Article III Section 4, as amended, and K.C.C. 11.04.200, Ordinance 1396, Article III Section 5, as amended, and K.C.C. 11.04.210 ,Ordinance 1396, Article II Section 6, and K.C.C. 11.04.220, Ordinance 1396, Article III Section 7, as amended, and K.C.C. 11.04.230, Ordinance 1396, Article III Section 8, as amended, and K.C.C. 11.04.250, Ordinance 1396, Article III Section 9, as amended, and K.C.C. 11.04.260, Ordinance 1396, Article III Section 10, and K.C.C. 11.04.270, Ordinance 1396, Article III Section 2, as amended, and K.C.C. 11.04.290, Ordinance 6370, Section 11, and K.C.C. 11.04.320, Ordinance 7986, Section 3, as amended, and K.C.C. 11.04.335, Ordinance 10423, Section 24, and K.C.C. 11.04.410, Ordinance 10423, Section 6, and K.C.C. 11.04.500, Ordinance 10423, Section 21, and K.C.C. 11.04.540, Ordinance 10423, Section 22, and K.C.C. 11.04.550, Ordinance 10423, Section 25, and K.C.C. 11.04.560, Ordinance 10423, Section 26, and K.C.C. 11.04.5|1013|0, Ordinance 10423, Section 27, and K.C.C. 11.04.580, Ordinance 10423, Section 10, as amended, and K.C.C. 11.04.590, Ordinance 9464, Section 1, and K.C.C. 11.06.010, Ordinance 9464, Section 2, as amended, and K.C.C. 11.06.020, Ordinance 9464, Section 3, and K.C.C. 11.06.030, Ordinance 3548, Section 1, and K.C.C. 11.08.010, Ordinance 3732, Section 1, as amended, and K.C.C. 11.08.040, Ordinance 3548, Section 4, as amended, and K.C.C. 11.08.050, Ordinance 3548, Section 5, as amended, and K.C.C. 11.08.060, Resolution 27312, Section 1, as amended, and K.C.C. 11.12.010, Resolution 27312, Section 2, and K.C.C. 11.12.020, Resolution 27312, Section 4, and K.C.C .11.12.040, Resolution 27312, Section 5, and K.C.C. 11.12.050, Ordinance 2473, Section 2, as amended, and K.C.C. 11.28.020, Ordinance 2473, Section 3, as amended, and K.C.C. 11.28.030, Ordinance 2473, Section 4, as amended, and K.C.C. 11.28.040, Ordinance 2473, Section 5, and K.C.C. 11.28.050, Ordinance 2473, Section 6, and K.C.C. 11.28.060, Ordinance 2473, Section 7, and K.C.C. 11.28.070, Ordinance 2473, Section 8, and K.C.C. 11.28.080, Ordinance 2473, Section 10, and K.C.C. 11.28.100, Ordinance 3232, Section 2, as amended, and K.C.C. 11.32.020, Ordinance 3232, Section 3, and K.C.C. 11.32.030, Ordinance 3232, Section 4, and K.C.C. 11.32.040, Ordinance 3232, Section 5, and K.C.C. 11.32.050, Ordinance 3232, Section 6, and K.C.C. 11.32.060, Ordinance 3232, Section 7, as amended, and K.C.C. 11.32.070, Ordinance 3232, Section 8, and K.C.C. 11.32.080, Ordinance 3232, Section 9, and K.C.C. 11.32.090 and Ordinance 3232, Section 13, and K.C.C. 11.32.100 and adding a new section to K.C.C. chapter 11.04.
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BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Ordinance 1269, Section 1, as amended, and K.C.C. 11.02.010 are each hereby amended to read as follows:
There is established an animal care and control section in the records, elections and licensing services division. The animal care and control section is by this chapter designated the agency authorized to provide animal care services and enforce animal control laws.
ltrch SECTION 2. Ordinance 1269, Section 3, as amended, and K.C.C. 11.02.020 are each hereby amended to read as follows:
There is established within the animal care and control section the position of (("))manager (()) of the animal care and control section((")), to be compensated at a rate established in accordance with county personnel policies.
SECTION 3. Ordinance 1370, Section 1, as amended, and K.C.C. 11.02.030 are each hereby amended to read as follows:
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.
SECTION 4. Ordinance 1396, Article I Section 2, as amended, and K.C.C. 11.04.010 are each hereby amended to read as follows:
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, animal shelters, hobby kennels, kennels and pet shops and controlling errant animal behavior so that it shall not become a public nuisance and to prevent cruelty to animals.
B. If there is a conflict between a provision of this chapter and a provision ((contained)) in K.C.C. Title 21A, the provision in K.C.C. title 21A shall control.
SECTION 5. Ordinance 1396, Article I Section 3, as amended, and K.C.C. 11.04.020 are each hereby amended to read as follows:
In construing ((the provisions of)) 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 ((shall)) apply to this chapter:
A. "Abate" means to terminate any violation by reasonable and lawful means determined by the manager of the animal care and control authority in order that an 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 care and control authority" means the county animal care and control section of the records, elections 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.
D. "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.
E. "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 ((has reached the age of)) is at least six months old.
F. "Domesticated animal" means ((those)) a domestic beast((s)), such as any dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep, hog or other animal made to be domestic.
G. "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.
H. "Fostering" means obtaining unwanted dogs or cats and locating adoptive homes for those licensed and spayed or neutered dogs or cats. Individuals who wish to foster dogs and cats, and who through the activity shall routinely or from time to time harbor, keep or maintain more dogs and cats than allowed in K.C.C. Title 21A, must obtain either an individual or organizational private animal placement permit.
I. "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.
J. "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.
K. "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 allowed in K.C.C. Title 21A.
L. "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 allowed in K.C.C. Title 21A.
M. "Juvenile" means any dog or cat, altered or unaltered, that is under ((the age of)) six months old.
N. "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 ((has reached the age of)) is at least six months old.
O. "Livestock" has the same meaning as in K.C.C. 21A.06.695.
P. "Owner" means any person having an interest in or right of possession to an animal ((or)). "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, ((shall be)) to an extent such that the person could be presumed to be the owner.
Q. "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.
R. "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity.
S. "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.
T. "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.
U. "Private animal placement permit - individual" means a permit issued to persons engaged in fostering dogs and cats who meet certain requirements to allow the persons to possess more dogs and cats than is specified in K.C.C. Title 21A. Persons holding an individual private animal placement permit and fostering dogs and cats must locate an adoptive home for a dog or cat within six months of acquisition of the dog or cat.
V. "Private animal placement permit - organizational" means permits issued to organizations engaged in fostering dogs and cats, the organizations having first met certain requirements. These organizations may distribute these permits to individuals who will foster the dogs and cats in their homes. The permits will allow the individuals to possess more dogs and cats than is specified in K.C.C. Title 21A. The organizations must be approved by the ((director)) manager of the animal control section, and their permit holders must locate an adoptive home for a dog or cat within six months of acquisition of the dog or cat.
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.
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.
SECTION 6. Ordinance 1396, Article II Section 1, as amended, and K.C.C. 11.04.030 are each hereby amended to read as follows:
A. ((LICENSE REQUIREMENTS.)) All dogs and cats eight weeks ((and over which)) old and older that are harbored, kept or maintained in King County shall be licensed and registered annually.
B. ((LICENSE ISSUANCE.)) Pet licenses shall be issued by the animal care and control section 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 department of finance according to the schedule provided in K.C.C. 11.04.035 of this chapter((:)).
1. Pet licenses for unaltered dogs and cats ((will)) shall 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)) shall be valid for one year, expiring on the last day of the twelfth month. There is no proration of any license fees. Renewal licenses ((will)) shall retain the original expiration period whether renewed ((prior to)) before, on((,)) or after their respective renewal months.
2. Juvenile licenses must be obtained for pets from eight weeks to six months ((of age)) old.
3. King County residents sixty-five years ((of age)) old or older may purchase a special permanent license for the lifetime of cats or dogs ((which)) that are neutered or spayed and for which they are the registered owners when ((said)) the animals are maintained at ((said owner's)) the owners' registered addresses. ((Such)) Those residents shall not be required to annually purchase a new license for the lifetime of ((such)) the licensed animals((; provided, that)) though no person shall be issued more than three (((3))) special permanent animal licenses for any combination of three (((3))) cats and dogs for which ((they are)) the person is the registered owner.
4. Applications for a pet license shall be on forms provided by the animal care and control section.
5. 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 animal care and control section.
6. Owners of dogs ((and/))or cats ((which)) who hold valid licenses from other jurisdictions and who move into King County may transfer the license by paying a transfer fee. ((Such)) The license shall maintain the original license's expiration date.
7. It ((shall be)) is a violation of this chapter for any person to sell or transfer ownership of any pet without a pet license. The King County animal care and 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.
8. 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 or both 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, or both, may have the issuance or renewal of their pet license denied pending the final result of either the notice and order or charge, or both.
9. The denial of the issuance or renewal of a pet license is subject to appeal, in accordance with K.C.C. 11.04.270.
C. ((PENALTY.)) A late penalty shall be charged on all pet license applications, according to the schedule provided in ((Section)) K.C.C. 11.04.035 ((of this chapter)).
D. ((FEES COLLECTED.)) All fees and fines collected under this chapter shall be deposited in the county current expense fund and shall be distributed according to ((the provisions in)) K.C.C. 11.04.035.
E. ((CHECKS.)) It ((shall be)) 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 ((contained)) in this chapter. Any license(((s))) or ((penalties)) penalty paid for with ((such)) 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. ((NONAPPLICABILITY. The provisions of t))This section shall not apply to dogs or cats in the custody of a veterinarian or animal shelter or whose owners are nonresidents temporarily within the county for a period not exceeding thirty days.
SECTION 7. Ordinance 10423, Section 3, and K.C.C. 11.04.033 are each hereby amended to read as follows:
All animal shelters, kennels, catteries, hobby kennels, hobby catteries, pet shops((,)) and grooming services must be licensed by the animal care and control authority. Licenses ((will)) 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 ((prior to)), on((,)) or after their respective renewal month. Any person(((s))) or persons who engage((s)) in more than one of the services or maintains more than one of the types of facilities cited in this section shall pay license fees as provided in K.C.C. 11.04.035. Veterinarians shall obtain the required licenses for any service other than ((one which)) a service that by law may be performed only by a veterinarian((; provided, that)), but no such a license shall be required for ((his or her)) veterinarians' possession of animals solely for the purposes of veterinary care.
SECTION 8. Ordinance 7416, Section 2, as amended, and K.C.C. 11.04.035 are each hereby amended to read as follows:
A. The following fees are applicable as provided in this chapter:
1. Pet license
a. Unaltered (dog or cat) $60.00
b. Altered $20.00
2. Juvenile pet license $5.00
3. Senior citizen - lifetime license
a. Senior citizen - lifetime license - dog $20.00
b. Senior citizen - lifetime license - cat $12.00
4. Replacement tag $5.00
5. Transfer fee $3.00
6. Animal shelter $250.00
7. Kennel and cattery
a. Hobby $50.00
b. Commercial $250.00
8. Pet shop $250.00
9. Grooming service
a. Operating alone $150.00
b. When operated in conjunction with pet shop or $150.00
kennel or veterinarian
10 Guard dog registration $100.00
11. Exotic pet
a. New $500.00
b. Renewal $250.00
12. Service animal no charge
13. K-9 police dog no charge
14. Individual private animal placement permit $25.00
15. Organizational private animal placement permit $10.00
B. The following late fees are applicable to license renewal applications as provided in this chapter:
1. Received after forty-five days of license expiration, $15.00
but before ninety days or failure to comply with
K.C.C. 11.04.030.C
2. Received after ninety days of license expiration, $20.00
but before one hundred thirty-five days
3. Received after one hundred thirty-five $40.00
days of license expiration
C. The following penalties shall be assessed:
1. Dog leash law violations
a. First notice $25.00
b. Successive violations within one year $50.00
2. Civil penalties maximum $1,000.00
3. Animal abandonment $500.00
D. The following service fees apply as provided in this chapter:
1. Adoptions - per animal $75.00
This is a one-price fee that includes the fee for adopting an animal, the license fee and the spaying or neutering of the animal.
2. Spay or neuter deposit - per animal as required
in K.C.C. 11.04.210B.1.a $50.00
3. Impound or redemption
a. Dog, cats other small animals ((F))first offense $45.00
Second offense, within one year $85.00
Third offense within one year $90.00
b. Livestock $100.00
4. Kenneling - per 24 hours or portion thereof $12.00
5. In-field pick up of an owner's deceased $20.00
unlicensed pet or pick up of an unlicensed
pet released voluntarily to animal care and control
6. Owner-requested euthanasia (unlicensed pets) $20.00
7. Optional microchipping for adopted pets $25.00
SECTION 9. Ordinance 1396, Article II Section 3, as amended, and K.C.C. 11.04.050 are each hereby amended to read as follows:
A. The applicant for an original animal shelter, cattery, pet shop, grooming service((,)) or kennel license shall present to the animal care and control authority a written statement from the county department of development and environmental services that the establishment of the animal shelter, cattery, pet shop, grooming service or kennel at the proposed site is not in violation of K.C.C. Title 21A, the King County zoning code, or has a legal nonconforming zoning status, or a conditional use permit has been issued for the intended use.
B. Before an animal shelter, cattery, pet shop, grooming service or kennel license may be issued by the animal care and control authority, a certificate of inspection from the Seattle-King County health department or King County animal care and control section must be issued showing that the animal shelter, cattery, pet shop, grooming service or kennel is in compliance with K.C.C. 11.04.080, 11.04.090, 11.04.100 and 11.04.110.
SECTION 10. Ordinance 1396, Article II Section 4, as amended, and K.C.C. 11.04.060 are each hereby amended to read as follows:
A. ((LICENSE REQUIRED.)) It is unlawful for any person to keep and maintain any dog or cat within the county for the purposes of a hobby kennel or hobby cattery without annually obtaining a valid and subsisting license therefor. The fee for such an annual license shall be assessed upon the owner or keeper of ((such)) the animals and shall be as provided in K.C.C. 11.04.035. In addition, each animal shall be licensed individually under ((provisions of)) K.C.C. 11.04.030.B.
B. ((LIMITATION ON NUMBER OF DOGS AND CATS ALLOWED.)) Any hobby kennel or hobby cattery license shall limit the total number of dogs and cats over six months ((of age)) old kept by ((such)) the hobby kennel or hobby cattery based on the following guidelines:
1. Animal size;
2. Type and characteristics of the breed;
3. The amount of lot area((; provided, that)), though the maximum number shall not exceed:
a. twenty-five where the lot area contains five acres or more;
b. ((the maximum number shall not exceed)) ten where the lot area contains thirty-five thousand square feet but less than five acres; and
c. ((the maximum number shall not exceed)) five where the lot area is less than thirty-five thousand square feet;
4. The facility specifications((/)) and dimensions in which the dogs and cats are to be maintained;
5. The zoning classification in which the hobby kennel or hobby cattery would be maintained.
C. ((REQUIREMENTS.)) The following are requirements for ((H))hobby kennels and hobby catteries((.)):
1. All open run areas shall be completely surrounded by a six-foot fence set back at least twenty feet from all property lines((; provided)), though this requirement may be modified for hobby catteries as long as the open run area contains the cats and prohibits the entrance of children. For purposes of this section "((O))open run area" means that area, within the property lines of the premises on which the hobby kennel or hobby cattery is to be maintained, where the dogs and cats are sheltered or maintained. If there is no area set aside for sheltering or maintaining the dogs within the property lines of the premises the twenty foot setback does not apply. The property lines of premises not containing an open run area must be completely surrounded by a sixfence;
2. No commercial signs or other appearances advertising the hobby kennel or hobby cattery are permitted on the property except for the sale of the allowable offspring set forth in this section;
3. The ((director)) manager of the animal care and control section may require setback, additional setback, fencing, screening or soundproofing as ((she or he)) the manager deems necessary to ((insure)) ensure the compatibility of the hobby kennel or hobby cattery with the surrounding neighborhood. Factors to be considered in determining ((such)) the compatibility are:
a. ((S))statements regarding approval((/)) or disapproval of surrounding neighbors relative to maintenance of a hobby kennel or hobby cattery at the address applied for;
b. ((Past h))History of animal care and control complaints relating to the dogs and cats of the applicant at the address for which the hobby kennel or hobby cattery is applied for;
c. ((F))facility specifications((/)) and dimensions in which the dogs and cats are to be maintained;
d. ((A))animal size, type and characteristics of breed; and
e. ((T))the zoning classification of the premises on which the hobby kennel or hobby cattery is maintained((.));
4. The hobby kennel or hobby cattery shall limit dog and cat reproduction to no more than one litter per license year per female dog and two litters per license year per female cat; and
5. Each dog and cat in the hobby kennel or hobby cattery shall have current and proper immunization from disease according to the dog's and cat's species and age. ((Such)) The immunizations shall consist of distemper, hepatitis, leptospirosis, parainfluenza and parvo virus (DHLPP) inoculation for dogs over three months ((of age)) old and feline herpesvirus 1, calicivirus and panleukopenia virus (FVRCP) inoculation for cats over two months ((of age,)) old and rabies inoculations for all dogs and cats over six months ((of age)) old.
D. ((LICENSE ISSUANCE AND MAINTENANCE.)) Only when the ((director)) manager of the animal care and control section is satisfied that the requirements of K.C.C. 11.04.060C.1. through 5. have been met, a hobby kennel or hobby cattery license may be issued. The license ((will)) shall continue in full force throughout the license year unless, at anytime, the hobby kennel or hobby cattery is maintained in such a manner as to:
1. Exceed the number of dogs and cats allowed at the hobby kennel by the animal care and control section; or((,))
2. Fail to comply with any of the requirements of K.C.C. 11.04.060 C.1. through 5.
E. ((SPECIAL HOBBY KENNEL LICENSE)) 1. Persons owning a total number of dogs and cats exceeding three, who do not meet the requirements for a hobby kennel license, may be eligible for a special hobby kennel license to be issued at no cost by the animal care and control authority, which ((will)) shall allow them to retain the specific animals then in their possession((; provided that)), but only if the following conditions are met:
a. ((T))the applicant must apply for the special hobby kennel license and individual licenses for each dog and cat ((within 30 days of the enactment of Ordinance 10423)) by July 6, 1992, or at the time they are contacted by an ((A))animal care and ((C))control ((O))officer, King County ((L))license ((I))inspector((,)) or King County ((P))pet ((L))license ((C))canvasser((.)); and
b. ((T))the applicant is keeping the dogs and cats for the enjoyment of the species, and not as a commercial enterprise.
2. The special hobby kennel license shall only be valid for those specific dogs and cats in the possession of the applicant at the time of issuance, and is intended to allow pet owners to possess animals beyond the limits imposed by K.C.C. Title 21A ((of the K.C.C.)) until such a time as the death or transfer of ((such)) the animals reduces the number possessed to the legal limit set forth in K.C.C. Title 21A ((of the K.C.C)).
3. The ((director)) manager of the animal care and control section may deny any application for a special hobby kennel license:
a. based on past Animal Care and Control Code violations by the applicant's dogs and cats((,)) or complaints from neighbors regarding the applicant's dogs and cats; or
b. if the animal(((s))) or animals is maintained in inhumane conditions.
SECTION 11. Ordinance 1396, Article II Section 5, as amended, and K.C.C. 11.04.070 are each hereby amended to read as follows:
Each animal shelter, kennel, hobby kennel, cattery, hobby cattery or pet shop shall provide a list to the animal care and control authority, quarterly, based upon the calendar year, of all dogs and cats given away or sold. The list shall include the origin, the age and type of dog or cat((,)) and the name and address of the person to whom the dog(((s) or)), dogs ((or)), cat(((s))) or cats was given or sold.
SECTION 12. Ordinance 1396, Article II Section 6, as amended, and K.C.C. 11.04.080 are each hereby amended to read as follows:
A. ((INSPECTION.)) It shall be the duty of the director ((or his agent)) of the Seattle-King County department of public health or the director's agent or the manager of the animal care and control ((authority)) section or the manager's agent to make or cause to be made such an inspections as may be necessary to ((insure)) ensure compliance with ((Sections)) K.C.C. 11.04.090, 11.04.100 and 11.04.110. The owner or keeper of an animal shelter, kennel, cattery, grooming service or pet shop shall admit to the premises, for the purpose of making an inspection, any officer, agent or employee of the Seattle-King County department of public health or animal care and control authority at any reasonable time that admission is requested.
B. ((UNSANITARY CONDITIONS UNLAWFUL.)) It is unlawful to keep, use or maintain within King County any animal shelter, kennel, cattery, grooming service or pet shop that is unsanitary, nauseous, foul or offensive, or in any way detrimental to public health ((and/))or safety and not in compliance with ((Sections)) K.C.C. 11.04.070, 11.04.090, 11.04.100 and 11.04.110 and may be cause for revocation or denial of ((such)) the license.
SECTION 13. Ordinance 1396, Article II Section 12, as amended, and K.C.C. 11.04.140 are each hereby amended to read as follows:
The ((director)) manager of the animal care and control ((authority)) section is authorized to promulgate rules and regulations not in conflict with this title as they pertain to the conditions and operations of animal shelters, hobby kennels, kennels, pet shops((,)) and grooming parlors, guard dog purveyors, guard dog trainers and guard dog owners. ((Such)) The rules and regulations may be enacted only after a public hearing has been held ((for such purpose)) regarding the rules and regulations. Enforcement of these rules and regulations may be appealed to the county board of appeals.
SECTION 14. Ordinance 1396, Article II Section 13, as amended, and K.C.C. 11.04.150 are each hereby amended to read as follows:
The animal care and control authority may, in addition to other penalties provided in this title, revoke, suspend or refuse to renew any animal shelter, hobby kennel, kennel, grooming parlor, pet shop, guard dog purveyor, guard dog trainer license or guard dog registration upon good cause or for failure to comply with any provision of this title((; provided,)). ((h))However, enforcement of such a revocation, suspension or refusal shall be stayed during the pendency of an appeal filed ((pursuant to Section)) in accordance with K.C.C. 11.04.260.
SECTION 15. Ordinance 1396, Article II Section 14, as amended, and K.C.C. 11.04.160 are each hereby amended to read as follows:
No applicant shall be issued an animal shelter, hobby kennel, kennel, grooming parlor, pet shop, guard dog purveyor, guard dog trainer license or guard dog registration who has previously had ((such)) the license or registration revoked or a renewal refused, for a period of one year after the ((date of)) revocation or refusal and until ((such)) the applicant meets the requirements ((contained)) in ((Sections)) K.C.C. 11.04.070 through 11.04.110 or any other provision of this title to the satisfaction of the animal care and control authority.
SECTION 16. Ordinance 10809, Section 3, as amended, and K.C.C. 11.04.165 are each hereby amended to read as follows:
A. ((PERMIT REQUIRED.)) Any person independently engaged in the fostering of dogs and cats who routinely possesses more dogs and cats than are allowed in K.C.C. Title 21A ((K.C.C.)) must obtain an ((I))individual ((P))private ((A))animal ((P))placement ((P))permit from animal care and control. Permits shall be valid for one year from ((the date of)) issuance((,)) and may not be transferred.
B. ((QUALIFICATIONS.)) In order to qualify for an ((I))individual ((P))private ((A))animal ((P))placement ((P))permit an applicant must:
1. Maintain and care for dogs and cats in a humane and sanitary fashion in compliance with ((the provisions of)) K.C.C. 11.04.090.
2. Reside where the fostering of dogs and cats is compatible with the surrounding neighborhood.
3. Agree to return stray or lost animals to their owners in accordance with ((the requirements of)) K.C.C. 11.04.210 before placing ((such)) the animals in an adoptive home.
4. Agree to spay((/)) or neuter and license each dog or cat before placement into its new home and transfer the license of each animal to its adoptive owner.
5. Agree to coordinate their adoption process with animal care and control, including reporting on the disposition of each animal, and only adopting to owners who would qualify to adopt an animal from a King County ((A))animal care and ((C))control ((S))shelter based on the adoption procedures and guidelines used by the animal care and control authority.
C. ((LIMITATION ON NUMBER OF DOGS AND CATS ALLOWED.)) Those holding an ((I))individual ((P))private ((A))animal ((P))placement ((P))permit shall be allowed to possess five foster animals above the limit that would normally apply to their property under K.C.C. Title 21A.
Permit holders are required to locate an adoptive home for each dog or cat within six months of acquiring the dog or cat. If, after six months, an adoptive home has not been found for a dog or cat, the animal care and control authority ((will)) shall review the situation to determine if the permit holder is complying with the ((requirements of the)) permit. If the ((director)) manager of the animal care and control section ascertains that a good faith effort is being made to locate adoptive homes, a six-month extension may be granted.
The presence of juvenile animals shall not necessarily place a permit holder over their limit unless the ((director)) manager of the animal care and control section determines that juvenile animals are present in such large numbers as to place the permit holder out of compliance with the ((requirements of the)) permit.
Holders of hobby kennel licenses shall be allowed to possess and foster five more animals than are allowed by the conditions of a hobby kennel permit.
D. ((INSPECTION, DENIAL AND REVOCATION OF PERMIT.)) The animal care and control authority ((shall have the right to)) may inspect the facilities of an applicant for an ((I))individual ((P))private ((A))animal ((P))placement ((P))permit to determine whether or not such a permit shall be issued. In addition, the animal care and control authority ((shall have the right to)) may periodically inspect the facilities of holders of ((I))individual ((P))private ((A))animal ((P))placement ((P))permits to ((insure)) ensure compliance with this section. The animal care and control authority ((shall)) may also ((have the right to)) deny or revoke permits based on any one or more of the following:
1. ((a))A failure to meet the ((above)) qualifications listed in subsections A. through C. of this section;
2. ((a))Animal care and control complaints (((past, present or future))); and((/or))
3. ((c))Complaints regarding the maintenance of the ((I))individual ((P))private ((A))animal ((P))placement ((P))permit by neighbors.
SECTION 17. Ordinance 10809, Section 4, as amended, and K.C.C.11.04.167 are each hereby amended to read as follows:
A. ((PERMIT REQUIRED.)) Any organization engaged in the fostering of dogs and cats whose members routinely or from time to time have in their possession up to five more dogs and cats than are allowed in K.C.C. Title 21A ((K.C.C.)) must obtain ((O))organizational ((P))private ((A))animal ((P))placement ((P))permits from animal care and control for each of those members. Organizations may purchase up to ((5)) five ((P))permits, or up ((20)) twenty ((P))permits per year. ((Provided, h))However, ((that)) the ((director has the authority to)) manager of the animal care and control section may issue more than ((20)) twenty ((P))permits to an organization((,)) when to do so would further the goals of the animal care and control section and be in the public interest. Permits shall be valid for one year from ((the date of)) issuance((,)) and may be transferred between members of the organization.
B. ((QUALIFICATIONS.)) In order to qualify to distribute ((O))organizational ((P))private ((A))animal ((P))placement ((P))permits to its members an organization must:
1. Be of a reputable nature((,)) and engaged in the fostering of animals solely for the benefit of the animals involved, and not as a commercial enterprise((.));
2. Agree to furnish animal care and control with the names, addresses and phone numbers of each of the holders of its permits; including immediately furnishing this information when a transfer takes place((.)); and
3. Agree that to the best of their ability they shall only issue permits to individuals who will:
a. ((M))maintain and care for dogs and cats in a humane and sanitary fashion in compliance with ((the provisions of)) K.C.C. 11.04.090((.));
b. ((R))reside where the fostering of dogs and cats is compatible with the surrounding neighborhood((.));
c. ((A))agree to return stray or lost animals to their owners in accordance with ((the requirements of)) K.C.C. 11.04.210 before placing ((such)) the animals in an adoptive home((.));
d. ((S))spay((/)) or neuter and license each dog or cat and transfer the license of each animal to its adoptive owner((.)); and
e. ((C))coordinate their adoption process with animal care and control, including reporting on the disposition of each animal, and only adopting to owners who would qualify to adopt an animal from a King County ((A))animal care and ((C))control ((S))shelter based on the adoption procedures and guidelines used by the animal care and control authority.
C. ((LIMITATION ON NUMBER OF DOGS AND CATS ALLOWED.)) Those holding an ((O))organizational ((P))private ((A))animal ((P))placement ((P))permits shall be allowed to foster up to five more dogs or cats above the limit that would normally apply to their property under K.C.C. Title 21A ((King County Code)). Holders of hobby kennel licenses shall be allowed to foster five more animals than are allowed by conditions of a hobby kennel permit.
Permit holders are required to locate an adoptive home for each dog or cat within six months of acquiring the dog or cat. If, after six months, an adoptive home has not been found for a dog or cat the animal care and control authority ((will)) shall review the situation to determine if the permit holder is complying with the ((requirements of the)) permit. If the ((director)) manager of the animal care and control section ascertains that a good faith effort is being made to locate adoptive homes, a six-month extension may be granted.
The presence of juvenile animals shall not necessarily place a permit holder over the limit of five foster animals beyond the limit that would normally apply to their property under K.C.C. 21A.30.020 unless the ((director)) manager of the animal care and control section determines that juvenile animals are present in such large numbers as to place the permit holder out of compliance with the ((requirements of the)) permit.
D. ((INSPECTION, DENIAL AND REVOCATION OF PERMIT.)) The animal care and control authority ((shall have the right to)) may inspect the facilities of an applicant for an ((O))organizational ((P))private ((A))animal ((P))placement ((P))permit to determine whether or not such a permit shall be issued. In addition, the animal care and control authority ((shall have the right to)) may periodically inspect the facilities of holders of ((O))organizational ((P))private ((A))animal ((P))placement ((P))permit s to ((insure)) ensure compliance with this ((S))section, and to determine whether or not the organization as a whole ((will)) shall be allowed to continue fostering dogs and cats. The animal care and control authority ((shall)) may also ((have the right to)) deny or revoke permits based on any one or more of the following:
1. ((a))A failure to meet the ((above)) qualifications in subsections A. through C. of this section;
2. ((a))Animal care and control complaints (((past, present or future))); and((/or))
3. ((c))Complaints regarding the maintenance of the ((O))organizational ((P))private ((A))animal ((P))placement ((P))permit by neighbors.
SECTION 18. Ordinance 1396, Article III Section 1, as amended, and K.C.C. 11.04.170 are each hereby amended to read as follows:
A. The manager of the animal care and control authority and ((his or her authorized)) the animal care and control officers are authorized to take such lawful action as may be required to enforce ((the provisions of)) this chapter, Ordinance 10870, as amended, and K.C.C. Title 21A, as ((the provisions)) they pertain to the keeping of animals, and the laws of the state of Washington as the laws pertain to animal cruelty, shelter, welfare and enforcement of control.
B. The manager of the animal care and control authority or ((his or her authorized)) animal care and control 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.
C. The manager of the animal care and control authority and ((his or her authorized)) animal care and control officers, while pursuing or observing any animal in violation of this chapter, 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 observed.
D. No person shall deny, prevent, obstruct or attempt to deny, prevent or obstruct an animal care and control 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 manager of the animal care and control section or ((the authorized)) an animal care and control officer to enter private property to perform any duty imposed by this chapter. Any person violating this subsection is guilty of a misdemeanor.
SECTION 19. Ordinance 1396, Article 2, and K.C.C. 11.04.180 are each hereby amended to read as follows:
All violations of this chapter are detrimental to the public health, safety((,)) and welfare and are public nuisances. All conditions ((which)) that are determined after review by the ((director)) manager of the animal care and control ((authority)) section to be in violation of this chapter shall be abated.
SECTION 20. Ordinance 1396, Article III Section 4, as amended, and K.C.C. 11.04.200 are each hereby amended to read as follows:
In addition to or as an alternative to any other penalty provided in this chapter or by law, any person whose animal is maintained in violation of this chapter shall incur a civil penalty in an amount not to exceed one thousand dollars per violation to be directly assessed by the ((director)) manager of the animal care and control authority plus billable costs of the animal care and control authority. The ((director)) manager, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness 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)) shall be enforced and collected in accordance with the procedure specified in this chapter.
SECTION 21. Ordinance 1396, Article III Section 5, as amended, and K.C.C. 11.04.210 are each hereby amended to read as follows:
A. The ((director)) of the animal care and control ((authority)) section and ((his)) the manager's authorized representatives may apprehend any animals found doing any of the acts defined as a public nuisance ((and/))or being subjected to cruel treatment as defined by law. After ((such)) the animals are apprehended, the animal care and control authority shall ascertain whether they are licensed((,)) or otherwise identifiable. If reasonably possible, the animal care and 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 care and 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)) in accordance with this chapter shall be held for the owner at least one hundred twenty 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)) in accordance with this chapter shall be held for its owner at least seventy-two 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,)) euthanized 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)) in this chapter.
B. Any animal not redeemed shall be treated in one of the following ways:
1. Made available for adoption at a fee of (($7.50)) seven dollars and fifty cents per animal as provided in K.C.C. 11.04.035.
a. Any person may adopt an animal impounded ((pursuant to the provisions contained)) in accordance with this chapter when all billable costs, redemption fees, penalties((,)) and boarding costs incurred in ((such)) the impoundment are made payable to the ((county finance director)) manager of finance and business operations, which may be accepted by the animal care and control authority acting as agent for the county. As provided in K.C.C. 11.04.035, all dogs and cats over ((the age of)) six months old adopted from the King County animal shelter shall be spayed or neutered ((prior to)) before adoption. A spay((/)) or neuter deposit shall be charged for dogs and cats under ((the age of)) six months ((which)) old that are too young to be spayed((/)) or neutered ((prior to)) before adoption. This deposit ((will)) shall 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((/)) or neuter such a dog or cat is a violation of this chapter and a breach of the adoption contract and ((will)) shall result in the forfeiture of the adoption and return of the dog or cat to King County animal care and control for the required spaying((/)) or neutering.
b. The ((director shall have the authority to)) manager of the animal care and control section may set administrative rules regarding the adoption of animals from King County shelters((.)) or
2. ((Humanely destroyed by euthanasia)) Euthanized.
C. The county shall not sell any animals for the purposes of medical research to any research institute or any other purchasers.
D.1. Any unaltered dog or cat impounded more than once shall be spayed or neutered by either:
a. the animal care and control authority ((prior to)) before the release of the dog or cat((,)); or((,))
b. at the request of the owner, by the owner of the dog or cat, ((provided)) but only if the owner agrees to pay a cash deposit of (($250)) two hundred fifty dollars and provide proof of neutering or spaying on a form provided by the county. In order for the deposit to be refunded to the owner the form must be certified by a licensed veterinarian within five days of release of the dog or cat to the owner. If proof of neutering or spaying is not provided within five days, the animal care and control authority ((will have the right to)) may again impound the dog or cat to ensure that it is spayed or neutered.
2. If the dog or cat is spayed or neutered by the animal care and control authority, the cost of the spay or neuter shall be charged to the owner upon redemption but shall be deducted from the impound((/)) and redemption fees otherwise required under this chapter.
SECTION 22. Ordinance 1396, Article III Section 6, and K.C.C. 11.04.220 are each hereby amended to read as follows:
Notwithstanding the existence or use of any other remedy, the ((director)) manager of the animal care and control ((authority)) section may seek legal or equitable relief to enjoin acts or practices and abate any conditions ((which)) that constitute a violation of this chapter or other regulations ((herein)) adopted under this chapter.
SECTION 23. Ordinance 1396, Article III Section 7, as amended, and K.C.C. 11.04.230 are each hereby amended to read as follows:
For purposes of this chapter, nuisances are violations of this chapter and shall be defined as follows:
A. Any public nuisance relating to animal care and control known at common law or in equity jurisprudence;
B. A dog running at large within the county;
C. Any domesticated animal, whether licensed or not, ((which)) that runs at large in any park or enters any public beach, pond, fountain or stream((,)) or upon any public playground or school ground. However, this ((section)) subsection shall not prohibit a person from walking or exercising an animal in a public park or on any public beach when the animal is on a leash, tether or chain not to exceed eight feet in length. Also, this ((section)) subsection shall not apply to any ((blind)) person using a trained ((seeing-eye)) service animal ((dog)), to animal shows, exhibitions or organized dog-training classes if at least twenty-four hours' advance notice has been given to the animal care and control authority by those persons requesting to hold the animal shows, exhibitions or organized dog-training classes;
D. Any domesticated animal that enters any place where food is stored, prepared, served or sold to the public, or any other public building or hall. However, this ((section)) subsection shall not apply to any ((blind)) person using a trained ((seeing-eye)) service animal ((dog)), to veterinary offices or hospitals or to animal shows, exhibitions or organized dog-training classes if at least twenty-four hours' advance notice has been given to the animal care and control authority by the persons requesting to hold the animal shows, exhibitions or organized dog-training classes;
E. ((A)) Any female domesticated animal, whether licensed or not, while in heat and accessible to other animals for purposes other than controlled and planned breeding;
F. Any domesticated animal that chases, runs after or jumps at vehicles using the public streets and alleys;
G. Any domesticated animal that habitually snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets, alleys or other public ways;
H. Any animal that has exhibited vicious propensities and constitutes a danger to the safety of persons or property off the animal's premises or lawfully on the animal's premises. However, in addition to other remedies and penalties, the provisions of this chapter relating to vicious animals shall apply;
I. ((A)) Any vicious animal or animal with vicious propensities that runs at large at any time is off the owner's premises not securely leashed on a line or confined and in the control of a person of suitable age and discretion to control or restrain the animal. However, in addition to other remedies and penalties, the provisions of this chapter relating to vicious animals shall apply;
J. Any domesticated animal that howls, yelps, whines, barks or makes other oral noises, in such a manner as to disturb any person or neighborhood to an unreasonable degree;
K. Any domesticated animal that enters upon a person's property without the permission of that person;
L. Animals staked, tethered or kept on public property without prior written consent of the animal care and control authority;
M. Animals on any public property not under control by the owner or other competent person;
N. Animals harbored, kept or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian; and
O. Animals running in packs.
SECTION 24. Ordinance 1396, Article III Section 8, as amended, and K.C.C. 11.04.250 are each hereby amended to read as follows:
A. It is unlawful for any person to:
((A.)) 1. Willfully and cruelly injure or kill any animal by any means causing it fright or pain;
((B.)) 2. By reason of neglect or intent to cause or allow any animal to endure pain, suffering or injury or to fail or neglect to aid or attempt alleviation of pain, suffering or injury the person has so caused to any animal;
((C.)) 3. Lay out or expose any kind of poison, or to leave exposed any poison food or drink for humans, animals or fowl, or any substance or fluid whatever whereon or wherein there is or shall be deposited or mingled, any kind of poison 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 RCW 16.52.190; and
((D.)) 4. Abandon any domesticated animal by dropping off or leaving the animal on the street, road or highway, in any other public place((,)) or on the private property of another.
B. The animal care and control section shall keep a database containing the names of all persons who are either or both found in violation of K.C.C. 11.04.250 or charged or convicted of animal cruelty under either RCW 16.52.205 or 16.52.207, or both. Further, the animal care and control section shall coordinate with law enforcement, when necessary, to keep this database current.
SECTION 25. Ordinance 1396, Article III Section 9, as amended, and K.C.C. 11.04.260 are each hereby amended to read as follows:
A. Whenever the ((director)) manager of the animal care and control section or ((authorized)) animal care and control officer has found an animal maintained in violation of this chapter, the ((director)) manager of the animal care and control ((authority)) section shall commence proceedings to cause the abatement of each violation.
B. The ((director)) manager of the animal care and control section or ((authorized)) animal care and control officer shall issue a notice of violation and an order directed to the owner or the person presumed to be the owner of the animal maintained in violation of this chapter. The notice and order shall contain:
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 to the effect that the ((director)) manager or ((authorized)) animal care and control officer has found the animal maintained illegally with a brief and concise description of the conditions, which caused the animal to be in violation of this chapter;
4. A statement of the action required to be taken to abate the violation, as determined by the ((director)) manager of the animal care and control ((authority)) section.
a. If the ((director has)) manager determined the animal in violation must be disposed with, the order shall require that the abatement be completed within a specified ((period of)) time from the ((date of the)) order as determined by the ((director)) manager to be reasonable;
b. If the ((director)) manager of the animal care and control ((authority has)) section determined to assess a civil penalty, the order shall require that the penalty shall be paid within fourteen days from the ((date of the)) order.
5. Statements advising that if any required abatement is not commenced within the time specified, the ((director)) manager of the animal care and control ((authority will)) section shall proceed to cause abatement and charge the costs thereof against the owner;
6. Statements advising:
a. ((T))that a person having a legal interest in the animal may appeal from the notice of violation and order or any action of the ((director)) manager of the animal care and control ((authority)) section to the board of appeals, ((provided)) but only if the appeal is made in writing as provided by this chapter((,)) and filed with the ((director)) manager of the animal care and control ((authority)) section within fourteen days from the ((date of)) service of ((such)) the notice of violation and order((,)); and
b. ((T))that failure to appeal ((will)) constitutes a waiver of all right to an administrative hearing and determination of the matter;
C. The notice and order shall be served on the owner or presumed owner of the animal in violation.
D. Service of the notice of violation and order shall be made upon all persons entitled thereto:
1. Personally; ((or,))
2. By mailing a copy of ((such)) the notice of violation and order by certified mail, postage prepaid, return receipt requested, to the person at ((his)) the person's last known address; or((,))
3. By ((P))posting the notice of violation and order on the front door of the living unit of the owner or person with right to control the animal if ((said)) the owner or person is not home.
E. Proof of service of the notice of violation and order shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made.
F. ((The standards of t))This chapter shall be followed by the ((director)) manager of the animal care and control ((authority)) section in determining the existence of an animal care and control violation and in determining the abatement action required.
SECTION 26. Ordinance 1396, Article III Section 10, and K.C.C. 11.04.270 are each hereby amended to read as follows:
A. ((APPEALS.)) The King County board of appeals as established by Article 7 of the King County Charter is designated to hear appeals by parties aggrieved by actions of the ((director)) manager of the animal care and control ((authority pursuant to)) section under this chapter. The board may adopt reasonable rules or regulations for conducting its business. Copies of all rules and regulations adopted by the board shall be delivered to the ((director)) of the animal care and control ((authority)) section, who shall make them freely accessible to the public. All decisions and findings of the board shall be rendered to the appellant in writing with a copy to the ((director)) manager of the animal care and control ((authority)) section.
B. ((FORM OF APPEAL.)) Any person entitled to service under ((Section)) K.C.C. 11.04.260.B. may appeal from any notice and order or any action of the ((director)) manager of the animal care and control ((authority)) section under this chapter by filing at the office of the ((director)) manager of the animal care and control ((authority)) section within fourteen days from the ((date of the)) service of ((such)) the 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;
7. The verification ((()), by declaration under penalty of perjury(())), of at least one appellant as to the truth of the matters stated in the appeal.
C. ((SCHEDULING AND NOTICING APPEAL.)) The board of appeals shall set a time and place, not more than thirty days from ((such)) the notice of appeal for a hearing ((thereon)) on the appeal. Written notice of the time and place of hearing shall be given at least ten days ((prior to the date of)) before the hearing to each appellant by the manager-clerk of the board.
D. At the hearing, the appellant shall be entitled to appear in person ((and)), to be represented by counsel and to offer ((such)) evidence that is pertinent and material to the action of the ((director)) manager of the animal care and control authority. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered.
E. Failure of any person to file an appeal in accordance with this section shall constitute a waiver of ((his)) the right to an administrative hearing.
F. Enforcement of any notice and order of the ((director)) manager of the animal care and control ((authority)) section issued under this chapter shall be stayed during the pending of an appeal, except impoundment of an animal ((which)) that is vicious or dangerous or cruelly treated.
SECTION 27. Ordinance 1396, Article III Section 2, as amended, and K.C.C. 11.04.290 are each hereby amended to read as follows:
A. ((Vicious animals.)) 1. An animal, declared by the ((director)) manager of the animal care and control section to be vicious ((pursuant to the definition in this chapter)), may be ((kept,)) harbored, kept or maintained in King County only upon compliance with those requirements prescribed by the ((director)) manager. In prescribing ((these)) the requirements, the ((director)) manager must take into consideration the following factors:
a. ((T))the breed of the animal and its characteristics;
b. ((T))the physical size of the animal;
c. ((T))the number of animals in the owner's home;
d. ((T))the zoning involved((;)) size of the lot where the animal resides((;)) and the number and proximity of neighbors;
e. ((T))the existing control factors, including, but not limited to, fencing, caging, runs((,)) and staking locations; and
f. ((T))the nature of the behavior giving rise to the ((director's)) manager's determination that the animal is vicious, including:
(1) extent of injury(((ies))) or injuries;
(2) circumstance, ((e.g.,)) such as time of day, ((on/off)) if it was on or off the property((,)) and provocation instinct; and
(3) circumstances surrounding the result and complaint, ((e.g.)) such as neighborhood disputes, identification, credibility of complainants and witnesses.
2. Requirements ((which)) that may be prescribed include, but are not limited to, the following:
a. Erection of additional or new fencing adequate to keep the animal within the confines of its property;
b. Construction of a run within which the animal is to be kept. Dimensions of the run ((will)) shall be consistent with the size of the animal;
c. Keeping the animal on a leash adequate to control the animal, the length and location to be determined by the ((director)) manager. When unattended the leash must be securely fastened to a secure object;
d. Maintenance of the animal indoors at all times, except when personally controlled on a leash adequate to control the animal by the owner or a competent person at least fifteen (((15))) years ((of age)) old; and
e. Removal of the animal from the county within forty(((48))) hours from receipt of such a notice.
3. Failure to comply with any requirement prescribed by the ((director pursuant to)) manager in accordance with this ((S))section. ((11.04.290 of this chapter)) constitutes a misdemeanor. Such an animal shall not be kept in unincorporated King County after forty-eight hours after receiving written notice from the ((director)) manager. Such an animal or animals found in violation of this section ((will)) shall be impounded and disposed of as an unredeemed animal, and the owner or keeper of ((such)) the animal(((s))) or animals has no right to redeem ((such)) the animal or animals.
B. ((Removal.)) 1. Any animal constituting a public nuisance as provided ((herein)) in this chapter shall be abated and removed from the county by the owner or by the ((director)) manager of the animal care and control ((authority)) section, upon the receipt of three notices and orders of violation by the owner in any one-year period((; provided, however, that)), though this removal procedure shall not apply to the vicious animal removal procedure set out in ((Section)) K.C.C. 11.04.290 A.3 ((of this chapter)). Where it is established by record ((pursuant to)) in accordance with 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)) manager of the animal care and control ((authority)) section shall notify and direct the owner of the animal to abate or remove the same from the county within ninety-six hours from the ((date of)) notice. If ((such)) the animal is found to be within the confines of King County after ninety-six hours have elapsed from the ((date of)) notice, the same shall be abated and removed by the ((director)) manager of the animal care and control ((authority)) section. Animals removed ((pursuant to the provisions of)) in accordance with this section shall be removed from King County or be subjected to euthanasia by the animal care and control authority.
2. Any ((dog or other)) animal ((which)) that bites, attacks((,)) or attempts to bite one or more persons two or more times within a two-year period is declared to be a public nuisance and shall not be kept within unincorporated King County forty-eight hours after receiving written notice from the ((director)) manager. Such an animal or animals found in violation of this section ((will)) shall be impounded and disposed of as an unredeemed animal, and the owner or keeper of ((such)) animal(((s))) or animals has no right to redeem ((such dog or)) the animal.
SECTION 28. Ordinance 6370, Section 11, and K.C.C. 11.04.320 are each hereby amended to read as follows:
The King County animal care and control section is hereby authorized to collect the following charges for animal care and control related services:
Lost or stolen license tag replacement $2.00
SECTION 29. Ordinance 7986, Section 3, as amended, and K.C.C. 11.04.335 are each hereby amended to read as follows:
A. The ((director has the authority to)) manager of the animal care and control section may waive licensing fees, late licensing penalty fees, adoption fees((,)) and redemption and sheltering fees, in whole or in part, when to do so would further the goals of the animal care and control section and be in the public interest.
B. In determining whether a waiver should apply, the ((director)) manager of the animal care and control section 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 care and control section if the fee(((s))) or fees or penalties are not waived and no payment is received.
SECTION 30. Ordinance 10423, Section 24, and K.C.C. 11.04.410 are each hereby amended to read as follows:
When issuing a license for an unaltered pet the animal care and control authority shall also provide to the applicant a voucher with a value not to exceed twenty-five dollars for the payment of all or part of the cost of a spay or neuter operation by a licensed veterinarian on ((such)) the pet. The animal care and control authority shall compile, maintain and make available to the public a list of veterinarians who accept ((such)) the vouchers as full or partial payment for spay or neuter operations. Spay((/)) or 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 King County as an unaltered pet.
SECTION 31. Ordinance 10423, Section 6, and K.C.C. 11.04.500 are each hereby amended to read as follows:
A. It shall be the policy of King County that ((the following)) a maximum euthanasia rate target((s are used)) is set to measure the progress towards reducing the rates of ((unwanted, healthy pet)) cats and dogs ((destroyed)) euthanized by the animal care and 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 or 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)) be calculated based on the total number of live cats and dogs taken in to King County custody to include stray, homeless, abandoned unwanted or surrendered animals, and animals euthanized at an owner's request. The euthanasia rates shall exclude animals euthanized at the order of the director of the Seattle-King County department of public health and those animals who are not in the custody of King County but are brought to a King County shelter by their owner or guardian for the purposes of licensing, or clinic services, such as spaying, neutering and vaccinations should such services be made available to the public by King County animal care and control.
((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 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.))
B. The total number of cats and dogs euthanized by King County animal care and control is not to exceed twenty percent in the year ending December 31, 2008.
C. The total number of cats and dogs euthanized by King County animal care and control is not to exceed fifteen percent in the years following 2008.
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)) the release is necessary for the immediate health and safety of the animal((; provided)), though this section shall not apply to peace officers and animal care and control or humane officers.
SECTION 33. Ordinance 10423, Section 22, and K.C.C. 11.04.550 are each hereby amended to read as follows:
The animal care and control authority shall report to the council no later than ((twelve months from the adoption of Ordinance 10423 (June 15, 1992), and annually thereafter,)) July 15 each year on the number of animals taken in to King County's custody, the number of animals redeemed by their owners, the number of animals ((pets)) adopted, the number of animals transferred to other animal welfare organizations or agencies, the number of animals euthanized, the number of animals euthanized at an owner's request, the number of animals euthanized due to a determination of vicious temperament, the number of animals euthanized due to a determination that the animal had a poor or grave prognosis of health and was irremediably suffering, the number of animals that die of causes other than an administered method of euthanasia, ((an estimate of the number of pets killed annually due to abandonment)) the number of animals spayed or neutered, the number of animal cruelty cases, the number and type of pet licenses issued((,)) and the number of spay((/)) or neuter vouchers issued and redeemed. Eleven copies of the report shall be filed with the clerk of the council, for distribution to all councilmembers.
SECTION 34. Ordinance 10423, Section 25, and K.C.C. 11.04.560 are each hereby amended to read as follows:
((A.)) The animal care and control authority in conjunction with the King County animal care and 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 council within twelve months after the adoption of Ordinance 10423 (June 15, 1992). Funding for subsequent years shall be reviewed annually based upon an evaluation of the efficacy of the education program))
SECTION 35. Ordinance 10423, Section 26, and K.C.C. 11.04.570 are each hereby amended to read as follows:
The animal care and control authority in conjunction with the King County animal care and 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.
SECTION 36. Ordinance 10423, Section 27, and K.C.C. 11.04.580 are each hereby amended to read as follows:
The animal care and control authority shall develop and implement a twelve-month program to canvass for compliance with the licensing requirements of this chapter. The program shall be directed at households within unincorporated areas of King County and cities under contract with King County for animal care and control services. Animal care and control authority employees and persons or organizations under contract to the animal care and control authority performing the canvassing ((shall have the authority to)) may issue pet licenses and collect license fees. The canvassing program shall be reviewed by the animal care and control authority((, and a report shall be made to the council within twelve months after the adoption of Ordinance 10423 (June 15, 1992)). Funding for subsequent years shall be reviewed annually based upon an evaluation of the efficacy of the canvassing program.
SECTION 37. Ordinance 10423, Section 10, as amended, and K.C.C. 11.04.590 are each hereby amended to read as follows:
Funds collected from the animal care and control license canvassing program and the sale of juvenile licenses should be used for the following purposes:
A. 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.
B. 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.
C. If the records, elections and licensing services division cannot adhere to the expenditure targets listed in subsections A. and B. of this section, it shall be noted in the annual budget proposed by the King County executive.
SECTION 38. Ordinance 9464, Section 1, and K.C.C. 11.06.010 are each hereby amended to read as follows:
It is the intent of the King County council to create an ((A))animal care and ((C))control ((C))citizen's ((A))advisory ((C))committee to provide a mechanism for King County citizens and consumers of animal care and control services to provide information and advice about animal care and control needs, goals and services to the King County executive, council((,)) and animal care and control section.
SECTION 39. Ordinance 9464, Section 2, as amended, and K.C.C. 11.06.020 are each hereby amended to read as follows:
The King County ((A))animal care and ((C))control ((C))citizen's ((A))advisory ((C))committee shall be composed of ((eleven)) thirteen members who are residents of King County((,)) and who represent a diversity of interests. Composition ((will)) shall include: one representative from the ((Humane Society, Inc., Society for the Prevention of Cruelty to Animals of)) Humane Society for Seattle/King County; one representative from the Progressive Animal Welfare Society, Lynnwood, Washington; one representative from Friends of King County Animal Control; one representative from the Coalition for a No Kill King County; one representative of the SeattleCounty Veterinary Medical Association; two representatives from ((non-profit)) nonprofit or professional organizations representing animal-related ((business)) interests; three citizens, nominated by the Suburban Cities Association, to represent municipalities ((which)) that contract with King County for animal care and control services; and three citizens representing unincorporated King County. To the extent possible, the six citizen representatives should be selected to provide geographically balanced representation and a mix of pet owners and nonowners. The director of the King County department of executive services or his or her designee and a representative of the King County council shall serve as ((an)) ex officio members of the committee and a member of Seattle Animal Control shall serve as a nonvoting, ex officio member of the committee.
SECTION 40. Ordinance 9464, Section 3, and K.C.C. 11.06.030 are each hereby amended to read as follows:
A. The King County ((A))animal care and ((C))control ((C))citizen's ((A))advisory ((C))committee shall((, in the first six months of operation, carry out)) be responsible for the following ((tasks)):
1. Identify the goals, program components and characteristics, ((and))anticipated outcomes of and potential barriers to implementing a model animal care and control program;
2. ((Assess community service needs, for contracting municipalities and unincorporated King County (both urban and rural), identify issues, and identify potential service standards;
3.)) Evaluate and make recommendations on the ((organizational structure, facilities,)) program goals and objectives, and program policies necessary to address service ((issues)) needs and attain a model animal care and control program ((. Recommendations should be divided into low cost changes which could be implemented quickly, and changes which would require significant additional funding. The recommendations should also identify actions required for implementation and propose financing mechanisms to carry out an enhanced animal control program)), including the prevention of animal cruelty, the humane care and welfare of animals in King County custody, the reduction of euthanasia, the increase of adoptions and the strengthening of community partnerships and volunteer programs;
3. Evaluate and make recommendations on best management practices, performance measures, organizational structure, staffing levels and staffing needs, facilities and capital improvements;
4. Assist the animal care and control authority with a public information and education campaign about responsible pet ownership, the prevention of animal cruelty, the benefits of pet spaying, neutering and adoption;
((4.)) 5. Evaluate the adequacy of the types and level of funding for King County's animal care and control program, including fees, licenses, contracts((,)) and general tax support from the county and contracting municipalities, and make recommendations;
6. Make recommendations that identify actions required for implementation, including the estimated costs associated with implementing the recommendations, how animal care and control might leverage private funds, donations and grants, how animal care and control might best spend privately donated funds and propose financing mechanisms to attain a model animal care and control program; and
((5.)) 7. ((The committee shall s))Submit ((its completed)) an annual report of its recommendations to the King County executive and the clerk of the council by February 28 of each year. The executive shall review the report and ((then submit it, with his)) make recommendations and plans for implementing any of the committee's recommendations, to the ((King County)) clerk of the council((.)), in the form of twelve copies, for distribution to all councilmembers and the lead staff of the general government and labor relations committee, or its successor.
B. ((Following the initial report, t))The committee shall meet monthly to:
1. ((r))Receive periodic reports from the animal care and control section;
2. ((a))Advise the county executive and county council on all aspects of animal care and control and the welfare and safety of all animals;
3. ((a))Assist the county executive and county council in the development of programs and policies concerning animal care and control; and
4. ((r))Review and comment on proposed animal care and control rules, policies((,)) or ordinances ((prior to)) before their adoption;
5. Review the animal care and control section's progress in implementing adopted policies; and
6. Develop the annual report to the King County executive and council.
SECTION 41. Ordinance 3548, Section 1, and K.C.C. 11.08.010 are each hereby amended to read as follows:
Under ((the authority of RCW)) chapter 16.10 RCW, it is the intention of King County to enforce a dog leash law in selected areas of King County. It is the intention of King County to administer a dog leash law in conjunction with the rules and regulations of the animal care and control authority ((contained)) in ((Title II, King County Code, as amended)) this title.
SECTION 42. Ordinance 3732, Section 1, as amended, and K.C.C. 11.08.040 are each hereby amended to read as follows:
A. Petitions requesting the King County council to create a dog control zone shall be submitted to the office of the clerk of the council. The clerk of the council shall forward copies of the petitions and other materials to:
1. The office of the councilmember in whose district the proposed zone is requested;
2. The animal care and control section of the records, elections and licensing services division; and
3. The manager of the records, elections and licensing services division.
B. Petitions shall be accompanied by a map and should include a legal descriptionof the proposed zone. In addition, the petitions should contain:
1. The signatures, both written and printed legibly, of at least ten percent of the registered voters within the proposed zone; and
2. The popular addresses of the petitioners.
C. Upon receipt of the copy of the filed petition, the animal care and control section shall conduct a comprehensive review of the enforceability of the proposed boundaries and if necessary recommend alternative boundaries to the director of the department of executive services and the affected councilmember.
D. The records, elections and licensing services division shall:
1. Determine the approximate number of registered voters within the proposed zone;
2. Determine the number of signatures of registered voters ((contained)) in the petition; and
3. Forward the conclusions regarding the number of signatures of registered voters and total number of registered voters residing within the proposed zone to the office of the affected councilmember and the director of the department of executive services.
E. The executive may recommend by ordinance a proposed dog control zone to the council based on the recommendation of the director of the department of executive services.
F. In addition to other statutory requirements, the council may cause to occur any public meetings or notification through the local media as it considers necessary to ((insure)) ensure that affected citizens are aware of the proposed ordinance to create a dog control zone.
G. If the King County council finds the formation of the petitioned area to be beneficial to be public health, safety and general welfare, it shall establish such a dog control zone by ordinance. The council shall consider, but is not limited to considering, the location, terrain and surrounding land use of the petitioned area.
SECTION 43. Ordinance 3548, Section 4, as amended, and K.C.C. 11.08.050 are each hereby amended to read as follows:
Any owner of an animal in violation of this chapter is guilty of a misdemeanor punishable by either a fine of not more than two hundred fifty dollars ((and/))or imprisonment for a term not to exceed ninety days((; provided, that)), or both. However, for the first thirty days following the enactment of each individual dog control zone, no penalty shall be assessed in those cases where a licensed animal is maintained in violation of this chapter and the animal care and control officer is able to determine the owner and, if impounded, return ((such)) the animal to its owner directly from the site in which it was impounded.
SECTION 44. Ordinance 3548, Section 5, as amended, and K.C.C. 11.08.060 are each hereby amended to read as follows:
In addition to, or as an alternate to, any other penalty provided in ((Title 11 of the King County Code as amended,)) this title or by general law, any person whose animal is maintained in violation of this chapter shall incur a civil penalty plus billable costs of the animal care and control authority. The penalty for a violation shall be as provided in ((Section)) K.C.C. 11.04.035((; provided, that)). However, for the first thirty days following the enactment of each individual dog control zone, no penalty shall be assessed in those cases where a licensed animal is maintained in violation of this chapter and the animal care and control officer is able to determine the owner and, if impounded, return ((such)) the animal to its owner directly from the site in which it was impounded((; provided further, that)). Also, on the thirty-first day following the enactment of each individual dog control zone and thereafter, one-half the normal penalty shall be assessed in those cases where a licensed animal is maintained in violation of this chapter and the animal care and control officer is unable to determine the owner and, if impounded, return ((such)) the animal to its owner directly from the site in which it was impounded.
SECTION 45. Resolution 27312, Section 1, as amended, and K.C.C. 11.12.010 are each hereby amended to read as follows:
Whenever the director of the Seattle-King County department of public health has cause to suspect that an animal capable of transmitting rabies is infected with the disease, the director shall order a period of quarantine of not less than ten days. The director shall notify in writing the owner or keeper of the infected animal of the quarantine order. The infected animal shall be quarantined by the animal care and control section in the records, elections and licensing services division 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 K.C.C. 11.12.040 shall apply. Delivery of a copy of the quarantine order to some person of suitable age and discretion residing upon the premises where the animal is found shall be notice of the quarantine. Good cause for such an order of quarantine shall include, but is not limited to, evidence that the animal has bitten, or that there is reasonable certainty that the animal has bitten, a human being. During the period of quarantine, the officers, agents and employees of the animal care and control section, and other police officers, are authorized to enter any premises for the purpose of apprehending any such an animal and impounding the animal, except where the animal is kept upon the premises of the owner or licensed veterinarian as provided in this section.
SECTION 46. Resolution 27312, Section 2, and K.C.C. 11.12.020 are each hereby amended to read as follows:
Whenever ((said)) the director of the Seattle-King County department of public health determines that rabies is currently a hazard to the public health in King County, or any part thereof, incorporated or unincorporated, excepting cities of the first class, by reason of the fact that a case of rabies has been diagnosed in any canine or feline animal, ((he)) the director shall cause a notice of ((such)) the 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 thirty 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 an 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 a period shall be impounded and ((humanely destroyed)) euthanized by order of the director of the Seattle-King County department of public health or ((his)) the director's agent named in ((Section)) K.C.C. 11.12.060. If apprehension and impounding by safe means is not possible, ((such)) the animal may be ((humanely destroyed)) euthanized summarily by ((said)) the agent. ((Said)) The director of the Seattle-King County department of public health may extend any such a quarantine period if deemed necessary by like additional determinations and notices.
SECTION 47. Resolution 27312, Section 4, and K.C.C. 11.12.040 are each hereby amended to read as follows:
Any animal bitten by an animal found to be rabid by appropriate laboratory tests shall be ((humanely destroyed)) euthanized by order of the director of the Seattle-King County department of ((P))public ((H))health.
SECTION 48. Resolution 27312, Section 5, and K.C.C. 11.12.050 are each hereby amended to read as follows:
Whenever the director of the Seattle-King County department of ((P))public ((H))health by order published in a newspaper of general circulation in the area for three successive days determines that conditions exist as indicated in ((Section)) K.C.C. 11.12.020 in a specified area wherein it is necessary for the protection of the public health that animals capable of transmitting rabies be vaccinated within thirty days with antirabies vaccine, ((he)) the director shall order that all such animals four months old or ((over shall)) older be so vaccinated or ((humanely destroyed)) euthanized, at the option of the owner or keeper, and it is a misdemeanor and is unlawful for any owner, or person charged with the custody of such an animal, to fail or refuse to procure ((said)) the vaccination within ((said)) the specified time.
SECTION 49. Ordinance 2473, Section 2, as amended, and K.C.C. 11.28.020 are each hereby amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
A. "Animal care and control authority" means the animal care and control section in the records, elections 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.
B. "Director" means director of the department of executive services.
C. "Exotic animal" means any of the following:
1. Venomous species of snakes capable of inflicting serious physical harm or death to human beings;
2. Nonhuman primates and prosimians;
3. Bears;
4. Nondomesticated species of felines;
5. Nondomesticated species of canines and their hybrids, including wolf and coyote hybrids; and
6. The order Crocodylia, including alligators, crocodiles, caimans and gavials.
SECTION 50. Ordinance 2473, Section 3, as amended, and K.C.C. 11.28.030 are each hereby amended to read as follows:
The possession or maintenance of an exotic animal within King County by private citizens as pets is prohibited unless the owner possessed or maintained the exotic animal on or before ((the effective date of this Ordinance 11340 ())June 10, 1994((),)) and agrees to promptly act to satisfy the licensing requirements ((contained)) in K.C.C. 11.28.040 through 11.28.090 and such rules and regulations as the animal care and control authority may adopt as provided in K.C.C. ((C))chapter 2.98 regarding the maintenance of ((such)) the animals.
SECTION 51. Ordinance 2473, Section 4, as amended, and K.C.C. 11.28.040 are each hereby amended to read as follows:
The animal care and control authority may cause to be issued an exotic animal owner's license that shall authorize the licensee to possess or maintain all or some of such species of exotic animals as are specified according to ((Section)) K.C.C. 11.28.030 ((herein)), ((provided)) if the application is accompanied by payment of the license fee, contains the information required by ((Section)) K.C.C. 11.28.050((;)) and meets the cage or confinement rules and regulations of the animal care and control authority((; provided, however, that no exotic animal owner licenses, except annual renewals of current licenses, shall be issued for a period of one year and a half from the effective date of Ordinance 10671 (1/2/93) during which time the Animal Control Citizens Advisory Committee shall review the King County exotic pet ordinance. Upon completion of this review, the Animal Control Citizens Advisory Committee shall transmit its recommendations for possible changes in the exotic pet ordinance to the county executive and the county council)).
The fee for ((such)) the license shall be as provided for in ((Section)) K.C.C. 11.04.035. All licenses shall expire one year from the ((date of the)) original application.
SECTION 52. Ordinance 2473, Section 5, and K.C.C. 11.28.050 are each hereby amended to read as follows:
A verified application for ((such)) an exotic animal owner's license made in triplicate shall be filed by the applicant with the animal care and control authority. ((which)) The application shall contain the following:
A. A legal or otherwise adequately precise description of the premises ((which)) that the applicant desires to use under the required license;
B. ((w))Whether the applicant owns or rents the premises to be used;
C. ((i))If the applicant rents the premises, a written acknowledgment by the property owner that the applicant has the owner's permission to carry on the activity as described in the license application for the duration of the license;
D. ((t))The extent of improvement upon ((such)) the premises;
E. ((a))A map or diagram of ((such)) the premises showing where the improvements are located thereon;
F. ((a))A statement indicating the species of exotic animal ((which)) that the applicant desires to possess or maintain;
G. ((a))A statement indicating how the animal will be caged or otherwise confined, accompanied with a drawing detailing the dimensions of and the materials used for the cage or similar confinement; and
H. ((s))Such further information as may be required by rules and regulations of the animal care and control authority.
SECTION 53. Ordinance 2473, Section 6, and K.C.C. 11.28.060 are each hereby amended to read as follows:
If, after investigation by the ((director)) manager of the animal care and control ((authority)) section, it appears that the applicant is the owner or tenant of or has a possessory interest in the property shown in the application; if applicable, has the written permission of the property owner as specified in ((Section)) K.C.C. 11.28.050((;)) and that the applicant intends in good faith to possess or maintain an exotic animal in accordance with the law and the rules and regulations of the animal care and control authority((;)), the animal care and control authority shall issue a license to the applicant describing therein the premises to be used by the licensee and certifying that the licensee is lawfully entitled to use the same for the possession or maintenance of the exotic animal(((s))) or animals specified in ((such)) the license((; provided that prior to)). However, before issuing the license, the animal care and control authority shall inspect the cage or other confinement as required by rule or regulation and specified in the licensee's application in order to determine whether the cage or confinement meets the standard specifications for the classification of the exotic animal. If the cage or confinement is deemed inadequate, the applicant shall make such changes as are necessary to meet the standard specifications before the license shall ((issue)) be issued.
SECTION 54. Ordinance 2473, Section 7, and K.C.C. 11.28.070 are each hereby amended to read as follows:
The ((director)) manager of the animal care and control ((authority)) section, or any other officer authorized by ((him)) the manager, may make routine periodic inspections of a licensee's premises and records in order to determine the number, kind, weight and condition of exotic animals possessed by the licensee, and for purposes of enforcing ((the provisions of)) this chapter and the rules and regulations of the animal care and control authority.
SECTION 55. Ordinance 2473, Section 8, and K.C.C. 11.28.080 are each hereby amended to read as follows:
The animal care and control authority may revoke, suspend or refuse to renew any exotic animal owner's license upon good cause for failure to comply with any provision of this chapter or the rules and regulations of the animal care and control authority authorized by this chapter((; provided, that)), though the violator shall be first notified of the specific violation or violations((,)) and, if the violation can be remedied, the violator shall have fifteen days after receiving the notice of violation to correct the violation((; provided further, that)). Also, enforcement of such a revocation, suspension or refusal shall be stayed during the pendency of an appeal filed in the manner provided by ((Section)) K.C.C. 11.04.270.
SECTION 56. Ordinance 2473, Section 10, and K.C.C. 11.28.100 are each hereby amended to read as follows:
An exotic animal possessed or maintained in violation of this chapter or the rules and regulations of the animal care and control authority may be subject to euthanasia as defined in ((Section)) K.C.C. 11.04.020.F if any one of the following exigent circumstances is deemed to exist by the ((director)) manager of the animal care and control ((authority)) section:
A. The exotic animal presents an imminent likelihood of serious physical harm to the public and there is no other reasonably available means of abatement; ((or))
B. There is no reasonable basis to believe that the violation can be or in good faith will be corrected and after reasonable search or inquiry by the animal care and control authority no facility as authorized by local, state or federal law is available to house the exotic animal; or
C. The exotic animal suffers from a communicable disease injurious to other animals or human beings((; provided, that)), though this ((section)) subsection shall not apply if the animal is under treatment by a licensed veterinarian and may reasonably be expected to recover without infecting other animals or human beings.
SECTION 57. Ordinance 3232, Section 2, as amended, and K.C.C. 11.32.020 are each hereby amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
A. "Animal care and control authority" means the animal care and control section in the records, elections and licensing services division, acting alone or in concert with other municipalities in the enforcement of the animal care and control laws of the county and state.
B. "Director" means director of the department of executive services.
C. "Guard dog" means any member of the dog family Canidae that has been trained or represented as trained to protect either person or property, or both, by virtue of exhibiting hostile propensities and aggressiveness to unauthorized persons.
D. "Guard dog purveyor" means any person, firm or corporation supplying guard dogs to members of the public.
E. "Guard dog trainer" means any person, either as an individual or as an employee of a guard dog purveyor, whose prime function is the training of dogs as guard dogs.
F. "Rules and regulations of the animal care and control authority" means such rules and regulations, ((not inconsistent)) consistent with the intent of this chapter, as may be adopted by the animal care and control authority under K.C.C. chapter 2.98.
SECTION 58. Ordinance 3232, Section 3, and K.C.C. 11.32.030 are each hereby amended to read as follows:
A. It is unlawful for any person, firm or corporation to supply guard dogs to the public without a valid license so to do issued to ((said)) the person, firm or corporation by the ((A))animal care and ((C))control ((A))authority. Only a person who complies with ((the requirements of)) this chapter and such rules and regulations of the ((A))animal care and ((C))control ((A))authority as may be adopted ((pursuant hereto)) in accordance with this chapter shall be entitled to receive and retain such a license. Licenses shall not be transferable and shall be valid only for the person and place for which issued. ((Said)) The licenses shall be valid for one year from ((date of)) issue.
B. The fee for ((such)) the license shall be two hundred fifty dollars per year((; provided, that)), but if the guard dog purveyor is in possession of a valid animal shelter, kennel and pet shop license, the fee for ((said)) the guard dog purveyor license shall be reduced by the amount of the animal shelter, kennel and pet shop license.
SECTION 59. Ordinance 3232, Section 4, and K.C.C. 11.32.040 are each hereby amended to read s follows:
Any person desiring to supply guard dogs to the public shall make written application for a license on a form to be provided by the ((A))animal care and ((C))control ((A))authority. ((Such)) The application shall be filed with the ((A))animal care and ((C))control ((A))authority and shall include the following:
A. A legal description of the premises or the business address of the office from which ((said)) the applicant desires to supply guard dogs;
B. A statement of whether the applicant owns or rents the premises to be used for the purpose of purveying guard dogs. If the applicant rents the premises, the application shall be accompanied by a written statement of acknowledgment by the property owner that the applicant has the property owner's permission to purvey guard dogs on the premises for the duration of the license; and
C. A written acknowledgment by the applicant that ((prior to)) before the actual commercial sale or purveyance of any and all guard dogs the licensee shall coordinate with the ((A))animal care and ((C))control ((A))authority in properly marking the guard dog and in notifying all customers of the guard dog purveyor that the customer is required to register the guard dog and pay the appropriate registration fee to King County ((prior to)) before the animal performing guard dog functions.
SECTION 60. Ordinance 3232, Section 5, and K.C.C. 11.32.050 are each hereby amended to read as follows:
A. It is unlawful for anyone to engage in the training of dogs as guard dogs without a valid license so to do issued to ((him/her)) the person by the ((A))animal care and ((C))control ((A))authority. Only a person who complies with ((the requirements of)) this chapter and the rules and regulations of the ((A))animal care and ((C))control ((A))authority shall be entitled to receive and retain such a license. Licenses shall not be transferable and shall be valid only for the person for which they were issued. Licenses shall be valid for one year from ((date of)) issue.
B. The cost of ((such)) the license to each guard dog trainer shall be fifty dollars per year.
SECTION 61. Ordinance 3232, Section 6, and K.C.C. 11.32.060 are each hereby amended to read as follows:
Any person desiring to train dogs as guard dogs shall make written application for a license on a form to be provided by the ((A))animal care and ((C))control ((A))authority. All such applications shall be filed with the ((A))animal care and ((C))control ((A))authority and shall contain the following:
A. A legal description or business address of the premises at which the applicant desires to train the guard dogs;
B. A statement of whether the applicant is selfor a member of a business, firm, corporation or organization ((which)) that trains guard dogs. If the applicant is a member of such a business, firm, corporation or organization, the applicant shall state the name of ((said)) the entity and shall provide the name of the major executive officer of ((said)) the entity; and
C. If the premises at which the applicant proposes to train dogs as guard dogs is rented, the application must be accompanied by a written statement of acknowledgment from the property owner that the applicant has the owner's permission to carry on the activity of guard dog training at ((said)) the location for the duration of the license.
SECTION 62. Ordinance 3232, Section 7, as amended, and K.C.C. 11.32.070 are each hereby amended to read as follows:
All persons using dogs as guard dogs shall register the dogs with the animal care and control authority. The cost of ((such)) the registration shall be as provided in ((Section)) K.C.C. 11.04.035. ((Said)) The registrations shall be valid for one year from date of issue. All registrations shall be affixed on the guard dog in such a manner so as to be readily identifiable.
SECTION 63. Ordinance 3232, Section 8, and K.C.C. 11.32.080 are each hereby amended to read as follows:
Any person desiring to use a guard dog shall register ((said)) the dog with the ((A))animal care and ((C))control ((A))authority and ((said)) the registration shall be accompanied by the following information:
A. A legal description or business address of the premises ((which)) that the applicant desires to employ a registered guard dog to prevent unauthorized intrusion;
B. A statement whether the applicant owns or rents the premises to be guarded. If the applicant rents the premises, the application must be accompanied by a written statement of acknowledgment from the property owner that the applicant has the owner's permission to use a guard dog on the premises to prevent unauthorized intrusion for the duration of the registration;
C. A description of the guard dog for purposes of identification;
D. Acknowledgment by the applicant of whether the guard dog has been trained as a guard dog to exhibit hostile propensities;
E. Acknowledgment by the applicant that the premises to be guarded has devices, such as fencing, to prevent general access by the public during those times the guard dog is used for purposes of protecting ((said)) the premises and persons for unauthorized intrusion. ((Said)) The acknowledgment shall contain a statement that the premises is properly signed to forewarn the public of the presence of a guard dog; and
F. Acknowledgment by the applicant that the guard dog will be maintained in such a manner as to ((insure)) ensure the safety of the public and the welfare of the animal.
SECTION 64. Ordinance 3232, Section 9, and K.C.C. 11.32.090 are each hereby amended to read as follows:
The ((director)) manager of the animal care and control ((authority)) section or ((his)) the manager's authorized representative shall inspect all premises ((which)) that are the subject of the licenses and registrations required ((herein prior to)) in this chapter before the issuance of ((said)) licenses ((and/))or registrations. ((Said)) The inspections shall include, but not be limited to, a verification that adequate measures are being taken to protect the health, welfare and safety of the general public and to ((insure)) ensure the humane treatment of the guard dogs. If the premises are deemed inadequate, the animal care and control authority shall direct the applicant to make such changes as are necessary before the license or registration is issued. The ((director)) manager of the animal care and control ((authority)) section or ((his)) the manager's authorized representative may make ((such routine periodic)) the inspections of a licensee's premises or the premises of an area guarded by a registered guard dog for the purpose of enforcing ((the provisions of)) this chapter and the rules and regulations of the animal care and control authority.
SECTION 65. Ordinance 3232, Section 13, and K.C.C. 11.32.100 are each hereby amended to read as follows:
In protecting the health, safety and welfare of the public; to enforce the laws of the state of Washington as they pertain to animal cruelty, shelter, welfare and enforcement of control; the ((director)) manager of the animal care and control ((authority)) section and ((his)) the manager's authorized officers are authorized to take such lawful action in exercising appropriate powers and responsibilities ((contained)) in Article III of Ordinance ((No.)) 1396 and K.C.C. ((C))chapter 11.04 ((of this code)).
NEW SECTION. SECTION 66. There is hereby added to K.C.C. chapter 11.04 a new section to read as follows:
A. The manager of the animal care and control authority may prohibit a person who is issued a notice and order for violation of K.C.C. 11.04.250 or who is either charged or convicted of animal cruelty under either RCW 16.52.205 or 16.52.207 from owning, harboring, keeping or maintaining any animal if the manager determines that the enforcement furthers the purposes of this chapter, in accordance with the following: a person may be prohibited from owning, harboring, keeping or maintaining any animal:
1. For up to four years, if the person is 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;
2. Indefinitely, if the person is convicted of a felony under RCW 16.52.205; or
3. Pending the final adjudication of either a notice and order issued under K.C.C. 11.04.250 or a charge under RCW 16.52.205 or 16.52.207.
B. The director or authorized animal care and control officer may enforce this section through the notice and order process in K.C.C. 11.04.260. A notice and order issued to enforce this section is subject to appeal, in accordance with K.C.C. 11.04.270.