Chapter 5.32
KENNELS, PET SHOPS AND CATTERIES
Sections:
5.32.010 Purpose.
5.32.020 Definitions.
5.32.030 Kennel, cattery and pet shop license – Required.
5.32.040 Kennels, catteries and pet shops – Application – Inspection – Issuance of license.
5.32.050 Inspection – Revocation of license.
5.32.060 Housing facilities – Generally.
5.32.070 Housing facilities – Indoor.
5.32.080 Facilities – Outdoor.
5.32.090 Primary enclosures – Space requirements.
5.32.100 Watering.
5.32.110 Sanitation.
5.32.120 Classification and separation.
5.32.130 Health care – Veterinary services.
5.32.140 Pet shops – Regulations.
5.32.150 Violation – Penalty.
5.32.160 Exemptions from chapter.
5.32.010 Purpose.
It is the purpose of this chapter to regulate the operation and maintenance of kennels, catteries and pet shops for dogs, cats and other animals by providing standards of health and safety in the care of such animals. [Ord. 4481 § 17, 2007.]
5.32.020 Definitions.
Unless specifically defined in this section, all words used in this chapter shall have their ordinary meanings and common usage and as defined in ECC 5.30.040. Words specifically defined in this section shall also have their common meaning consistent with or supplementary to such specific definition.
A. “Cattery” means a place where cats are bred or boarded.
B. “Indoor housing facility” means any enclosed structure in which any animal is kept for more than a 24-hour period.
C. “Keeper” means any person responsible for the maintenance, operation, care or use of any kennel, cattery or pet shop.
D. “Kennel” means an establishment, other than a veterinary hospital or clinic, where dogs are bred, trained or boarded.
E. “Outdoor housing facility” means any outside enclosure or area in which any animal is kept for more than a 24-hour period.
F. “Owner” means any person having any proprietary or equitable ownership of any kennel, cattery, or pet shop.
G. “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 offers to sell, or gives away or offers to give away any live animals to the public or to retail outlets.
H. “Primary enclosure” means any place or thing so constructed as to enclose, for any period of more than 24 hours, any animal or bird, for purposes of feeding, containing or providing a resting place for such animal or bird. [Ord. 4481 § 17, 2007.]
5.32.030 Kennel, cattery and pet shop license – Required.
A. No person, owner or keeper shall keep or board four or more unaltered dogs or four or more unaltered cats within the city for the purpose of breeding, selling or giving away without first obtaining a license therefor. This license shall be in addition to any other licensing requirements in this title. The annual license fee for kennels, catteries and pet shops shall be $150.00. Licenses will be valid for one year from the date of the application. 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.
B. Each license and certificate of inspection issued pursuant to this chapter 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 of the establishment and the expiration date of the license.
C. Reproduction Limitations. The kennel, pet shop or cattery shall limit dog and cat reproduction to not more than one litter per license year per female dog and two litters per license year per female cat.
D. Immunization Required. Each animal in the kennel, pet shop or cattery shall have a current and proper certificate of inoculation from disease according to the animal species and age. Such immunization shall consist of DHPP inoculation (distemper, viral hepatitis, parainfluenza and parvovirus) for dogs over three months of age, FVRCP (Feline viral rhinotracheitis, Calici virus, and panleukopenia) for cats over two months of age, a Corona virus vaccine for puppies 10 weeks and younger, and rabies inoculations for all dogs and cats over five months of age. [Ord. 4481 § 17, 2007.]
5.32.040 Kennels, catteries and pet shops – Application – Inspection – Issuance of license.
A. Application for license shall be made to the animal control authority on forms provided by the animal control authority. Prior to the issuance of a license, the premises of a kennel, cattery or pet shop shall be inspected by the animal control authority to determine whether there is compliance with the provisions of this chapter. The animal control authority shall maintain a written report of the inspection.
B. A license issued under this section shall be in addition to any other license required by the city. [Ord. 4481 § 17, 2007.]
5.32.050 Inspection – Revocation of license.
A. The premises of any kennel, cattery or pet shop shall be subject to inspection at reasonable hours by the animal control authority.
B. It is unlawful to keep, use or maintain within the city any kennel, cattery 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 ECC 5.30.240, 5.32.060 through 5.32.140, or any part thereof, and may be cause for revocation of such license upon petition of the animal control authority.
C. Notice of the petition for revocation shall contain:
1. A statement by the animal control authority listing each ordinance not complied with;
2. The place, date and time of the public hearing on the petition for revocation;
3. A statement that the licensee may appear at such public hearing and examine the animal control authority’s witnesses and present competent evidence and testimony favorable to the licensee;
4. A statement that the license will be revoked if the hearing examiner finds there to be sufficient grounds for revocation.
D. The notice of the petition shall be served upon all persons named on the license either personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested, to the person or persons at the addresses given on the application for the license.
E. The public hearing shall be held not less than 20 days from the date the notice is either personally served or is mailed by certified mail, postage prepaid.
F. The petition for revocation shall be heard by a hearing examiner appointed by the city manager. The hearing examiner shall be a licensed doctor of veterinary medicine. The hearing examiner shall have authority to either grant, deny or conditionally deny the petition.
G. Orders of the hearing examiner shall be served in the same manner as prescribed in subsection (D) of this section, and shall be effective on the date of service, if personally served, or three days following the day on which the order was mailed by certified mail, postage prepaid.
H. Appeal from the order of the hearing examiner shall be to the superior court. [Ord. 4481 § 17, 2007.]
5.32.060 Housing facilities – Generally.
A. Housing facilities for animals 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 applicable state electrical codes adequate to supply lighting and heat as may be required by this chapter. Water shall be supplied at sufficient pressure and quantity to clear indoor housing facilities and primary enclosures of debris and excreta.
C. Food and bedding shall be stored at facilities adequate to provide protection against infestation or contamination by insects or rodents. Refrigeration shall be provided for the protection of perishable foods.
D. Provisions shall be made for the removal and disposal of animal and food waste, 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, shall be provided for animal caretakers.
F. There shall be an employee on duty at all times during hours any store is open whose responsibilities shall include the care and welfare of the animals in that shop or department held for sale or display.
G. 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.
H. No person, persons, association, firm, or corporation shall misrepresent an animal or bird to a purchaser in any way.
I. Adequate care and feeding instructions must be given to each purchaser of an animal and must be in writing. [Ord. 4481 § 17, 2007.]
5.32.070 Housing facilities – Indoor.
A. Indoor housing facilities for animals shall be sufficiently heated to protect such animals from cold temperatures to which they are not acclimated.
B. Indoor housing facilities shall 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 vans 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. Indoor housing facilities for animals shall 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. Interior wall, ceiling and floor surfaces of indoor housing facilities shall be 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 when such materials are not originally resistant to moisture or odors. Floor surfaces shall not be 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. [Ord. 4481 § 17, 2007.]
5.32.080 Facilities – Outdoor.
A. Outdoor facilities shall 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 exercise and movement of each animal contained therein.
B. All outdoor facilities shall 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. All outdoor facilities shall be constructed with adequate walls or fences to contain the animals kept therein and to prevent entrance of other animals. [Ord. 4481 § 17, 2007.]
5.32.090 Primary enclosures – Space requirements.
A. Primary enclosures for animals shall be constructed and maintained so as to provide sufficient space to allow each animal to turn about freely and to easily stand, sit and lie in a comfortably normal position.
B. Each dog housed in any primary enclosure shall be provided a minimum square footage of floor space to the mathematical square of the sum of the length of the dog in inches, as measured from the tip of its nose to the base of its tail, plus 12 inches, squared in four directions; except that such floor space need not exceed 24 square feet. When dogs or cats are boarded or kept for more than 24 hours, except when otherwise requested by the owners of the animals, a separate primary enclosure shall be provided for each animal, except that litters of puppies or kittens may be housed with their dam or with siblings, or with other puppies or kittens of similar age and size.
C. Each adult cat housed in a primary enclosure shall be provided a minimum of three square feet of floor space. In all primary enclosures containing cats there shall be maintained a receptacle containing clean litter and a solid resting surface shall be provided of adequate size to comfortably hold all occupants of the primary enclosure at the same time. [Ord. 4481 § 17, 2007.]
5.32.100 Watering.
If potable water is not accessible to the animals at all times, potable liquids shall be offered to such animals at least twice daily for periods of not less than one hour, except as might otherwise be required to provide adequate veterinary care. Water receptacles shall be kept clean and shall be sanitized at least once every two weeks. [Ord. 4481 § 17, 2007.]
5.32.110 Sanitation.
A. Excreta and other debris and waste materials shall be removed from all indoor housing facilities and primary enclosures as often as necessary to prevent contamination of animals contained therein and to reduce disease hazards and odors. When hosing or flushing method is used for cleaning a primary enclosure, any animal contained therein shall be removed from such enclosure during the cleaning process, and adequate measures shall be taken to protect the animals in other such enclosures from being contaminated with water and other wastes.
B. Prior to the introduction of animals into empty primary enclosures previously occupied, such enclosures shall be sanitized with a safe and effective disinfectant.
C. Primary enclosures for animals shall be sanitized often enough to prevent an accumulation of debris or excreta, or a disease hazard. Such enclosures shall be sanitized not less than once every week with a safe and effective disinfectant.
D. No kennel, pet shop or cattery shall be operated at any time after it has been designated by a public health official, pursuant to city, state or federal statutes or regulations concerning health, as being infested with insects, rodents or disease which may endanger the public health, until the health officer having jurisdiction shall have certified that the condition has been corrected and the premises then comply with applicable health standards and regulations. [Ord. 4481 § 17, 2007.]
5.32.120 Classification and separation.
A. No animal exhibiting or having a reputation of a vicious disposition shall at any time be housed in any primary enclosure with any other animal.
B. No female animal in heat (estrus) shall be enclosed with any male animal, except for breeding purposes with the consent of the owners of both animals.
C. No animal not fully developed shall be kept in the same primary enclosure with any adult animal other than its dam, except upon request of the owner of the animal. [Ord. 4481 § 17, 2007.]
5.32.130 Health care – Veterinary services.
Every kennel, pet shop or cattery shall maintain a program of veterinary care for such animals kept or boarded therein, which program shall comply with current standards of animal husbandry common to the good practice of kennels, catteries, and pet shops within the state, as applicable. Animals shall not be without attention over 18 consecutive hours. An effective program for the control of insects, ectoparasites and avian and mammalian pests shall be established and maintained. [Ord. 4481 § 17, 2007.]
5.32.140 Pet shops – Regulations.
A. No person owning or operating a pet shop shall sell or give away any animal which is, at the time of the delivery of the animal to the buyer, sick, impaired, unweaned or otherwise so incapacitated that its weakness or incapacity will substantially impair its ability to recover or grow normally.
B. No person owning or operating a pet shop shall abuse, tease, or otherwise torment, nor permit any other person to abuse, tease or otherwise torment, any animals, birds or fish therein.
C. At no time shall any animal be placed on public display outside the enclosed premises of a pet shop by chaining or caging the animal upon the public street or other public place.
D. Aquariums shall be constructed and maintained to provide adequate room for the fish contained therein. In addition, such aquariums shall be kept clean and free from excessive exposure to direct sunlight or heat. Such aquariums shall be provided with an apparatus which will oxygenate the water contained in the aquarium when required for the well-being of the fish.
E. Small animals or birds shall be kept in cages having adequate room for free exercise. Such cages shall be kept clean and free from the accumulation of debris and excreta and shall be protected from excessive exposure to direct sunlight or heat. Food and water necessary for the health of the occupants of the cage shall be provided. [Ord. 4481 § 17, 2007.]
5.32.150 Violation – Penalty.
Unless otherwise set forth in this chapter, any person violating any provision of this chapter shall be guilty of a Class 1 civil infraction and shall be punished as allowed by law by a penalty of not more than $250.00. Issuance and disposition of infractions issued for violations of this chapter shall be in accordance with Chapter 7.80 RCW. If a violation continues, each day’s violation shall be deemed a separate violation. [Ord. 4481 § 17, 2007.]
5.32.160 Exemptions from chapter.
The provisions of this chapter shall not apply to animals in the custody of an animal facility that is in compliance with applicable USDA licensing and registration requirements under the Federal Animal Welfare Act, 7 USC Section 2131 et seq. [Ord. 4481 § 17, 2007.]