Chapter 6.12
REGULATION OF ANIMAL BUSINESSES, FACILITIES, AND SERVICES

Sections:

6.12.010    Animal shelter, kennel, grooming service, cattery and pet shop – License required.

6.12.011    Facility licensing – General requirements.

6.12.020    Animal shelter, cattery, pet shop, grooming service and kennel license – Zoning compliance.

6.12.030    Animal shelter, cattery, pet shop, grooming service or kennel – Health inspection.

6.12.040    Animal shelter, catteries, grooming services, kennels and pet shops – Inspection agent designated.

6.12.050    Unsanitary conditions unlawful.

6.12.060    Animal shelters, kennels, hobby kennels, catteries, hobby catteries and pet shops – Reporting required.

6.12.070    Animal shelters, kennels, grooming services, catteries and pet shops – Standards.

6.12.080    Animal shelters, kennels, catteries, grooming services and pet shops – Indoor facilities.

6.12.090    Animal shelters, kennels, catteries and pet shops – Outdoor facilities.

6.12.101    Rabies vaccine.

6.12.103    Exemptions.

6.12.105    Release from confinement.

6.12.115    Hobby kennel or hobby cattery – License required.

6.12.120    License – Revocation – Refusal to renew – Hearing.

6.12.130    License – Revocation – Refusal to renew – Reissuance.

6.12.010 Animal shelter, kennel, grooming service, cattery and pet shop – License required.

It is unlawful for any person to keep or maintain any animal shelter, kennel, cattery, grooming service or pet shop within the city without first obtaining a valid and subsisting license therefor. This license must be acquired from the city’s animal control authority as part of the process of acquiring a general commercial business license issued by the city of Bothell. The fee, as provided by resolution of the council, shall be assessed not upon individual animals, but upon the owner or keeper of an animal shelter, kennel, cattery, grooming service or pet shop. Each license and certificate of inspection issued pursuant to this title shall be conspicuously displayed at the establishment to which such license was issued. The license shall be dated and numbered and shall bear the name and address of the owner or keeper of the establishment, and the expiration date of the license. The license shall run for a period of one year from the date of purchase. (Ord. 2061 § 6, 2011; Ord. 1511 § 12, 1993; Ord. 1414 § 8, 1991; Ord. 1168 § 3, 1985; Ord. 666 § 5.2, 1966).

6.12.011 Facility licensing – General requirements.

All animal shelters, kennels, catteries, hobby kennels, hobby catteries, pet shops, and grooming services must be licensed by the animal control authority. Licenses will be valid for one year from the date of application. Fees shall be assessed as provided by resolution of the council. 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) who engages 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 by resolution of the council. Veterinarians shall obtain the required licenses for any service other than one which by law may be performed only by a veterinarian; provided, that no such license shall be required for his or her possession of animals solely for the purposes of veterinary care. (Ord. 1511 § 13, 1993).

6.12.020 Animal shelter, cattery, pet shop, grooming service and kennel license – Zoning compliance.

The applicant for an original animal shelter, cattery, pet shop grooming service or kennel license shall present to the animal control authority a written statement from the city department of community development that the establishment of the animal shelter, cattery, pet shop grooming service or kennel at the proposed site is not in violation of the city zoning code, has a legal nonconforming zoning status, or a conditional use permit has been issued for the intended use. (Ord. 1511 § 15, 1993; Ord. 666 § 5.3, 1966).

6.12.030 Animal shelter, cattery, pet shop, grooming service or kennel – Health inspection.

Before an animal shelter, cattery, pet shop, grooming service, or kennel license may be issued by the animal control authority, a certificate of inspection must be issued showing that the animal shelter, cattery, pet shop, grooming service, or kennel is in compliance with this chapter. (Ord. 2061 § 7, 2011; Ord. 1511 § 15, 1993; Ord. 666 § 5.4, 1966).

6.12.040 Animal shelter, catteries, grooming services, kennels and pet shops – Inspection agent designated.

It shall be the duty of the director or his agent of the animal control authority to make or cause to be made such inspections as may be necessary to ensure compliance with this chapter. The owner or keeper of an animal shelter, kennel, cattery, grooming service or pet shop shall admit to the premises, for the purpose of taking an inspection, any officer, agent, or employee of the animal control authority at any reasonable time that admission is requested. (Ord. 2061 § 8, 2011; Ord. 1511 § 16, 1993; Ord. 666 § 5.6.1, 1966).

6.12.050 Unsanitary conditions unlawful.

It is unlawful to keep, use, or maintain within the city 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 this chapter and may be cause for revocation or denial of such license. (Ord. 1511 § 17, 1993; Ord. 666 § 5.6.2, 1966).

6.12.060 Animal shelters, kennels, hobby kennels, catteries, hobby catteries and pet shops – Reporting required.

Each animal shelter, kennel, hobby kennel, cattery, hobby cattery or pet shop shall provide a list to the animal 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 or cat was given or sold. (Ord. 1511 § 18, 1993; Ord. 666 § 5.5, 1966).

6.12.070 Animal shelters, kennels, grooming services, catteries and pet shops – Standards.

Animal shelters, kennels, catteries, grooming services, and pet shops shall meet the following standards:

A.    Housing facilities shall be provided for the animals and such shall be structurally sound and shall be maintained in good repair, shall be designed so as to protect the animals from injury, shall contain the animals, and shall restrict the entrance of other animals.

B.    Electric power shall be supplied in conformance with city, county, and state electrical codes adequate to supply lighting and heating as may be required by this chapter. Water shall be supplied at sufficient pressure and quantity to clean indoor housing facilities and primary enclosures of debris and excreta.

C.    Suitable food and bedding shall be provided and stored in facilities adequate to provide protection against infestation or contamination by insects or rodents. Refrigeration shall be provided for the protection of perishable goods.

D.    Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, and debris. Disposal facilities shall be maintained in a sanitary condition, free from the infestation or contamination of insects or rodents or disease, and from obnoxious or foul odors.

E.    Washroom facilities, including sinks and toilets, with hot and cold water, must be conveniently available for cleaning purposes, and a large sink or tub provided for the purpose of washing utensils, equipment, and facilities.

F.    Sick animals shall be separated from those appearing healthy and normal and, if for sale, shall be removed from display and sale. Sick animals shall be kept in isolation quarters with adequate ventilation to keep from contaminating healthy animals.

G.    There shall be an employee on duty at all times during the hours a store is open whose responsibility shall be the care and welfare of the animals in that shop or department held for sale or display.

H.    An employee or owner shall come in to feed, water and do the necessary cleaning of animals and birds on days the store or shop is closed.

I.    No person, persons, association, firm, or corporation shall knowingly sell a sick or injured animal or bird.

J.    No person, persons, association, firm, or corporation shall misrepresent an animal or bird to a consumer in any way.

K.    Adequate care and feeding instructions must be given to each purchaser of an animal and must be in writing. (Ord. 1511 § 19, 1993; Ord. 666 § 5.7, 1966).

6.12.080 Animal shelters, kennels, catteries, grooming services and pet shops – Indoor facilities.

Animal shelters, kennels, and pet shops which have indoor housing facilities for animals and birds shall:

A.    Be sufficiently heated or cooled to protect such animals from temperatures to which they are not normally acclimatized;

B.    Be adequately ventilated to provide for the health of animals contained therein and to assist in the removal of foul and obnoxious odors. Provision shall be made so that the volume of air within any enclosed indoor facility shall be changed three times or more each hour. This may be accomplished through the location and periodic opening of doors and windows. If fans or ventilating equipment are used, they shall be constructed in conformance with current standards of good engineering practice with respect to noise, and minimization of drafts;

C.    Have sufficient natural or artificial lighting to permit routine inspection and cleaning at any time of day. In addition, sufficient natural or artificial lighting shall be supplied in the area of sinks and toilets to provide for the hygiene of animal caretakers;

D.    Have interior wall, ceiling, and floor surfaces constructed of materials which are resistant to the absorption of moisture and odors, or such surfaces shall be treated with a sealant or with paint, if such materials are not originally resistant to moisture or odors. Floor surfaces shall not be made of unsealed wood. In addition, interior walls shall be constructed so that the interface with floor surfaces is sealed from the flow or accumulation of moisture or debris;

E.    Contain a drainage system which shall be connected to a sanitary sewer or septic tank system which conforms to the standards of building codes in force within the county and shall be designed to rapidly remove water and excreta in the cleaning of such indoor housing facility under any condition of weather or temperature; provided, this requirement shall not apply to hobby kennels or pet shops. All indoor housing facilities for animals, fish, or birds shall be maintained in a clean and sanitary condition, and a safe and effective disinfectant shall be used in the cleaning of such facilities. (Ord. 1511 § 20, 1993; Ord. 666 § 5.8, 1966).

6.12.090 Animal shelters, kennels, catteries and pet shops – Outdoor facilities.

Animal shelters, kennels, catteries and pet shops which have outdoor facilities for animals and birds shall:

A.    Be constructed to provide shelter from excessive sunlight, rain, snow, wind, or other elements. In addition, such facilities shall be constructed to provide sufficient space for the proper exercise and movement of each animal contained therein;

B.    Be constructed to provide drainage and to prevent the accumulation of water, mud, debris, excreta, or other materials and shall be designed to facilitate the removal of animal and food wastes;

C.    Be constructed with adequate walls or fences to contain the animals kept therein and to prevent entrance of other animals. (Ord. 2061 § 9, 2011; Ord. 1511 § 21, 1993; Ord. 666 § 5.9, 1966).

6.12.101 Rabies vaccine.

All dogs and cats six months of age or older shall be vaccinated against rabies. All vaccinations shall be performed in accordance with the standards contained in the Compendium of Animal Rabies Control as amended, published by the National Association of State Public Health Veterinarians, Inc. (Ord. 1511 § 23, 1993).

6.12.103 Exemptions.

The provisions of this chapter shall not apply to dogs and cats in the custody of an animal facility registered or licensed by the United States Department of Agriculture and regulated by 7 USC 2131 et seq. (Ord. 1511 § 24, 1993).

6.12.105 Release from confinement.

No person other than the owner or person authorized by the owner of the animal shall release any animal from any confinement, vehicle or restraint unless such release is necessary for the immediate health and safety of the animal; provided this section shall not apply to peace officers and animal control or humane officers. (Ord. 1511 § 25, 1993).

6.12.115 Hobby kennel or hobby cattery – License required.

A.    It is unlawful for any person to keep and maintain any dog or cat within the city for the purposes of a hobby kennel or hobby cattery without annually obtaining a valid and subsisting license therefor. The fee for such annual license shall be assessed upon the owner or keeper of such animals and shall be as provided by resolution of the council. In addition, each animal shall be licensed individually under the pet licensing provisions of this title.

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 kept by such 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 the maximum number shall not exceed 25 where the lot area contains five acres or more, the maximum number shall not exceed 10 where the lot area contains 35,000 square feet but less than five acres, and the maximum number shall not exceed five where the lot area is less than 35,000 square feet;

4.    The facility specifications or 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 – Hobby Kennels and Hobby Catteries.

1.    All open run areas shall be completely surrounded by a six-foot fence set back at least 20 feet from all property lines; provided, 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 “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 20-foot setback does not apply. The property lines of premises not containing an open run area must be completely surrounded by a six-foot fence;

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 may require setback, additional setback, fencing, screening or soundproofing as she or he deems necessary to ensure the compatibility of the hobby kennel or hobby cattery with the surrounding neighborhood. Factors to be considered in determining such compatibility are:

a.    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 history of animal 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.    Facility specifications and dimensions in which the dogs and cats are to be maintained;

d.    Animal size, type and characteristics of breed;

e.    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;

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 shall consist of DHLPP inoculation for dogs over three months of age and FVRCP for cats over two months of age, and rabies inoculations for all dogs and cats over six months of age.

D.    License Issuance and Maintenance. Only when the director is satisfied that the requirements of this chapter have been met may a hobby kennel or hobby cattery license be issued. The license will continue in full force throughout the license year unless, at any time, 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 control section; or

2.    Fail to comply with any of the requirements of this chapter.

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 control authority which will allow them to retain the specific animals then in their possession; provided, that the following conditions are met:

a.    The applicant must apply for the special hobby kennel license and individual licenses for each dog and cat within 30 days of the date they are contacted by an animal control officer.

b.    The applicant is keeping the dogs and cats for the enjoyment of the species, and not as a commercial enterprise.

c.    The additional number of animals shall be based upon the land area of the subject property pursuant to the following schedule:

(1)    One additional animal may be allowed on any property;

(2)    Two additional animals may be allowed on properties between 9,600 square feet and 35,000 square feet;

(3)    Three additional animals may be allowed on properties 35,000 square feet and greater in area; and

(4)    No more than a total of six adult dogs or cats may be authorized under a special hobby kennel or cattery license.

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 code until such time as the death or transfer of such animals reduces the number possessed to the legal limit set forth by code.

3.    The director of animal control may deny any applicant for a special hobby kennel license based on past Animal Control Code violations by the applicant’s dogs and cats, or complaints from neighbors regarding the applicant’s dogs and cats; or if the animal(s) is maintained in inhumane conditions. (Ord. 2140 § 2 (Exh. B), 2014; Ord. 1511 § 26, 1993).

6.12.120 License – Revocation – Refusal to renew – Hearing.

The animal control authority may, in addition to other penalties provided in this title, revoke or refuse to renew any animal shelter, hobby kennel, kennel, grooming parlor, or pet shop license upon good cause or for failure to comply with any provision of this title; provided, however, the enforcement of such revocation, suspension or refusal shall be stayed during the pendency of an appeal filed pursuant to BMC 6.24.160. (Ord. 2061 § 10, 2011; Ord. 1279 § 8, 1987; Ord. 666 § 5.13, 1966).

6.12.130 License – Revocation – Refusal to renew – Reissuance.

No applicant shall be issued an animal shelter, hobby kennel, kennel, grooming parlor, or pet shop license or registration who has previously had such license or registration revoked or a renewal refused for a period of one year after the date of revocation or refusal and until such applicant meets the requirements contained in BMC 6.12.060 through 6.12.090 or any other provision of this title to the satisfaction of the animal control authority. (Ord. 2061 § 11, 2011; Ord. 2061 § 10, 2011; Ord. 1279 § 9, 1987; Ord. 666 § 5.14, 1966).