|
|
Title 7
ANIMALSChapters:
7.01 Animal Control
7.02 Police Dogs
7.08 Pit Bull Dogs
7.09 Beekeeping
Chapter 7.01
ANIMAL CONTROLSections:
7.01.010 Adoption of King County Code – Chapter 11.04.
7.01.020 Adoption of King County Code – Chapter 11.12.
7.01.030 Sections numbered.
7.01.040 Pets running at large – Prohibited.
7.01.010 Adoption of King County Code – Chapter 11.04.
Chapter 11.04 entitled “Animal Control Regulations” of the King County Code is adopted in all particulars as hereinafter stated. (Ord. 1161 § 1, 1975).
7.01.020 Adoption of King County Code – Chapter 11.12.
Chapter 11.12 of the King County Code entitled “Rabies Control” be and the same is hereby adopted in all particulars as hereinafter stated. (Ord. 1161 § 2, 1975).
7.01.030 Sections numbered.
EMC Title 7 is hereby amended to carry out the intentions of this chapter, and numbered, as first below set forth on adoption of the King County Code, and where “county” is stated same shall be “city” and where the initials “EMC” are used below same shall be Enumclaw Municipal Code, and where the initials “KCC” are used below, same shall be reference to the King County Code:
EMC
7.04.010 Purpose being KCC 11.04.011;
7.04.020 Definitions being KCC 11.04.020;
7.04.030 Dog and cat licenses required being KCC 11.04.030;
7.04.040 Animal shelter, kennel and pet shop license – Required being KCC 11.04.040;
7.04.050 Animal shelter, hobby kennel and kennel license – Information required being KCC 11.04.050;
7.04.060 Hobby kennel license – Required being KCC 11.04.060;
7.04.070 Animal shelters, hobby kennels, kennels and pet shops – Reporting required being KCC 11.04.070;
7.04.080 Animal shelters, hobby kennels, kennels and pet shops – Inspection being KCC 11.04.080;
7.04.090 Animal shelters, hobby kennels, kennels and pet shops – Conditions being KCC 11.04.090;
7.04.100 Animal shelters, hobby kennels, kennels and pet shops – Indoor facilities being KCC 11.04.100;
7.04.110 Animal shelters, hobby kennels, kennels and pet shops – Outdoor facilities being KCC 11.04.110;
7.04.120 Grooming parlors – License required being KCC 11.04.120;
7.04.130 Grooming parlor – Conditions being KCC 11.04.130;
7.04.140 Animal shelters, hobby kennels, kennels, pet shops and grooming parlors – Additional conditions being KCC 11.04.140;
7.04.150 Licenses – Revocation or refusal to renew being KCC 11.04.150;
7.04.160 Licenses – Revocation or refusal waiting period being KCC 11.04.160;
7.04.170 Enforcement power being KCC 11.04.170;
7.04.180 Violations – Deemed nuisance – Abatement being KCC 11.04.180;
7.04.190 Violations – Misdemeanor – Penalty being KCC 11.04.190;
7.04.200 Violations – Civil penalty being KCC 11.04.200;
7.04.210 Impounding being KCC 11.04.210;
7.04.220 Additional enforcement being KCC 11.04.220;
7.04.230 Nuisances defined being KCC 11.04.230;
7.04.240 Cruelty to animals – Unlawful acts designated being KCC 11.04.240;
7.04.250 Violations – Notice and order being KCC 11.04.250;
7.04.260 Appeals being KCC 11.04.260;
7.04.270 Redemption procedures being KCC 11.04.270;
7.04.280 Nuisances – Removal being KCC 11.04.280;
7.04.290 Civil penalty and abatement costs – Liability of owner being KCC 11.04.290;
7.04.300 Costs of additional enforcement being KCC 11.04.300;
7.04.310 Fees – Designated. License and late penalty fees shall be as established and amended from time to time by resolution of the city council;
7.12.010 Quarantine order being KCC 11.12.010;
7.12.020 Notice of rabies hazard – Quarantine period being KCC 11.12.020;
7.12.030 Violation of quarantine being KCC 11.12.030;
7.12.040 Destruction of infected animals being KCC 11.12.040;
7.12.050 Vaccination order being KCC 11.12.050;
7.12.070 Penalty for violations being KCC 11.12.070.
(Ord. 1366 § 2, 1982; Ord. 1260 § 1, 1979; Ord. 1161 § 3, 1975).
7.01.040 Pets running at large – Prohibited.
A. The owners or keepers of dogs, cats and other pets are prohibited from letting dogs, cats and other pets run at large in the city. All dogs, cats and other pets are confined to the owner’s premises or the owner is required to keep the dog, cat or other pet on leash or within the control of the owner or the keeper. The owner or keeper shall be deemed to have control of the dog, cat or other pet if it is within 10 feet of the owner or keeper or if it is confined in a container for transportation, or in a transportation vehicle.
B. Any owner or keeper in violation of this section shall be punished with a penalty as set forth in EMC 9.00.030. Each occasion that the dog, cat or other pet is found in violation of this section shall be a separate offense. (Ord. 1666 §§ 1, 2, 1990).
Chapter 7.02
POLICE DOGSSections:
7.02.010 Exemption from Chapter 7.01 EMC.
7.02.020 Harming a police dog – Defined.
7.02.030 Harming a police dog – Violation.
7.02.040 Harming a police dog – Statutory language incorporated.
7.02.010 Exemption from Chapter 7.01 EMC.
Animals owned by the city police department and used to assist in law enforcement are exempted from the provisions of Chapter 7.01 EMC. (Ord. 1368 § 1, 1982).
7.02.020 Harming a police dog – Defined.
A person is guilty of harming a police dog if he willfully or maliciously beats, kicks, strikes, injures, disables, shoots or kills by any means any dog used by a peace officer in discharging or attempting to discharge any legal duty or powers of his office, or while the dog is being kenneled. (Ord. 1369 § 1, 1982).
7.02.030 Harming a police dog – Violation.
Harming a police dog is a misdemeanor. (Ord. 1369 § 2, 1982).
7.02.040 Harming a police dog – Statutory language incorporated.
Chapter 4.24 RCW is incorporated by reference for the definitions of the language used. (Ord. 1369 § 3, 1982).
Chapter 7.08
PIT BULL DOGSSections:
7.08.010 Definitions.
7.08.020 Keeping of pit bull dogs prohibited.
7.08.030 Keeping of licensed pit bull dogs.
7.08.010 Definitions.
“Pit bull dog” means any dog over the age of six months known by the owner to be a Pit Bull Terrier. Pit Bull Terrier shall mean any Bull Terrier, American Pit Bull Terrier, or Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog or any mixed breed of dog which contains as an element of its breeding the breed of Bull Terrier, American Pit Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier so as to be identifiable as partially of the breed Bull Terrier, American Pit Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier. (Ord. 1658 §§ 1, 2, 1990).
7.08.020 Keeping of pit bull dogs prohibited.
It is unlawful to keep, or harbor, own or in any way possess a pit bull dog within the city. (Ord. 1658 §§ 1, 3, 1990).
7.08.030 Keeping of licensed pit bull dogs.
A. The provisions of EMC 7.08.020 shall not be applicable to any owners, keepers or harborers of pit bull dogs licensed by the city before the effective date of the ordinance codified in this chapter. The keeping of such licensed dogs shall be subject to the following standards:
1. Sale or Transfer of Ownership Prohibited. No person shall sell, barter or in any other way dispose of a pit bull dog licensed within the city to any person within the city unless the recipient person resides permanently in the same household and on the same premises as the licensed owner of such dog; provided, that the owner of a licensed pit bull dog may sell or otherwise dispose of a licensed dog or the offspring of such dog to persons who do not reside within the city.
2. Animals Born to Licensed Dogs. All offspring born to pit bull dogs licensed with the city shall be removed from the city within six weeks of the birth of such animal.
3. Reporting Requirements. All owners, keepers or harborers of licensed pit bull dogs shall within 10 days of the following occurrence, report the following information in writing to the city clerk as required hereinafter:
a. The removal from the city or death of a licensed pit bull dog;
b. The birth of offspring of a licensed pit bull dog;
c. The new address of the owner of a licensed pit bull dog should the owner move within the city limits.
4. Leash and Muzzle. No person shall permit a licensed pit bull dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four feet in length. No person shall permit a licensed pit bull dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs shall not be leashed to inanimate objects such as trees, posts or buildings. In addition, all licensed pit bull dogs on a leash outside the animal’s kennel shall be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
5. Confinement. All licensed pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen, kennel or structure, except when leashed and muzzled as above provided. Such pen, kennel or structure shall have secure sides and a secure top attached to the sides as to prevent such animals from escaping. Any pen, kennel or structure used to confine licensed pit bull dogs shall be locked with a key or combination lock when occupied by such animals. Such pen, kennel or structure shall have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. Any pen, kennel or structure erected to house pit bull dogs shall comply with all zoning and building regulations of the city. Any pen, kennel or structure shall be adequately lighted and ventilated and kept in a clean and sanitary condition.
6. Confinement Indoors. No licensed pit bull dog shall be kept on a porch, patio or in any part of a house or structure which would allow such dog to exit such building on its own volition. In addition, no such animal shall be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
7. Signs and Special Collars. All owners, keepers or harborers of licensed pit bull dogs shall within 10 days of the effective date of the ordinance codified in this chapter display in a prominent place on their premises a sign easily readable by the public using the words “Beware of Dog.” In addition, a similar sign shall be posted on the kennel or pen of such animal. All licensed pit bull dogs shall be identified by means of a blaze orange collar at least two inches wide.
8. Identification Photographs and Tattoos. All owners, keepers or harborers of licensed pit bull dogs shall provide within 10 days of the effective date of the ordinance codified in this chapter to the city clerk two three-by-five-inch color photographs of the licensed animal clearly showing the color and approximate size of the animal. The owner or keeper shall within the aforementioned 10-day period at his own expense have the license number assigned tattooed upon such a pit bull dog by a licensed veterinarian. The tattoo shall be placed either on the upper inner lip or inside upper left rear thigh of the dog.
9. Insurance. All owners, keepers or harborers of licensed pit bull dogs shall within 10 days of the effective date of the ordinance codified in this chapter present to the city clerk proof that the owner or keeper has procured liability insurance in the amount of at least $100,000, covering any damage or injury which may be caused by such pit bull dog during the following 12-month period. Such policy shall contain a provision naming the city as additional insured and an additional provision requiring the insurance carrier to notify the city 30 days in advance of any cancellation, termination or expiration of such liability insurance. Such insurance shall be renewed annually so as to provide continuous coverage and shall be subject to approval by the city attorney as to form.
10. Vaccination (Immunization) Against Rabies. All owners, keepers or harborers of licensed pit bull dogs shall within 10 days of the effective date of the ordinance codified in this chapter show proof to the city clerk that a licensed pit bull dog has been vaccinated against rabies within the last three years. Failure of any pit bull dog at any time to wear an up-to-date rabies vaccination tag issued by a licensed veterinarian who administered the vaccine shall be prima facie evidence of the dog’s lack of vaccination against rabies and subject such dog to immediate confiscation by the animal control officer. All pit bull dogs shall be vaccinated against rabies every three years.
B. Failure to Comply. It shall be unlawful for the owner, keeper or harborer of a pit bull dog licensed with the city to fail to comply with the requirements and conditions set forth in this chapter. Each day of violation shall be a separate offense. Any pit bull dog found to be subject of a violation of this chapter shall be subject to immediate confiscation by the animal control officer. Such animal shall be humanely destroyed unless a judge of a court of competent jurisdiction orders its release or the owner provides adequate proof to the animal control officer that such licensed dog shall no longer reside in the city. The animal control officer shall hold the dog for a period of 10 days before it is humanely destroyed, giving an opportunity for any requests to a court of competent jurisdiction. In the event the court of competent jurisdiction orders that the dog be returned to the owner, the owner shall be required to pay the kennel fee as set forth by animal control during the period that the animal was held. In the event that the animal is ultimately humanely destroyed, King County animal control shall pay the kennel fee for the first three days, the city shall pay King County animal control for the kennel fee for the remaining seven days. In addition to the compensation paid to King County under the interlocal agreement for animal control, the city may seek reimbursement of the kennel fees paid from the owner. (Ord. 1665 § 1, 1990; Ord. 1658 §§ 1, 4, 1990).
Chapter 7.09
BEEKEEPINGSections:
7.09.010 Beehive defined.
7.09.020 Location – Requirements.
7.09.030 Location – Consent.
7.09.040 Requirements generally.
7.09.010 Beehive defined.
“Beehive” means a structure designed to contain one colony of honey bees (apis mellifera). (Ord. 1423 § 3, 1983).
7.09.020 Location – Requirements.
It is unlawful for any person to operate or maintain an apiary or to keep bees within a distance of 100 feet from the nearest portion of any residence, dwelling, hotel, apartment house or roominghouse now existing or hereafter constructed or owned by any other persons within the city; and the operation and maintenance of any apiary or keeping of bees as aforesaid is declared to be a public nuisance; provided, that this chapter shall not apply in areas in which abattoirs or stockyards are permitted by appropriate ordinance. (Ord. 1423 § 1, 1983).
7.09.030 Location – Consent.
Excepting where surrounding owners within 100 feet consent, this chapter is not intended to prohibit the operation and maintenance of an apiary or the keeping of bees as aforesaid where and so long as the consent in writing to the operation and maintenance of the keeping thereof by the owners of all the residences, dwellings, hotels, apartment houses or roominghouses owned by others within 100 feet from the nearest portion of such apiary or hive or hives where such bees are kept is obtained by the person desiring to operate or maintain such apiary or keep such bees, and files with the city clerk. In the case of the operation and maintenance of an apiary or keeping of bees at the time of the passage of this chapter, such consent shall be filed within 30 days. (Ord. 1423 § 2, 1983).
7.09.040 Requirements generally.
Beekeeping, where permitted, is subject to the following requirements:
A. No more than four hives per an 8,400 square foot lot shall be allowed within the city limits, providing that a beekeeper who picks up a swarm of bees may hold them for a period of no more than two weeks, notwithstanding the provisions of this section.
B. Colonies shall be maintained in small movable frame hives.
C. Hives shall not be located within 25 feet of any property line, except under the following conditions:
1. When situated eight feet or more above adjacent ground level; or
2. When there is a solid fence at least six feet high separating the hive from the property line, extending at least 20 feet from the hive along the property line in both directions.
D. Bees living in trees, buildings or any other space except in movable frame hives, abandoned colonies, or diseased bees shall constitute a public nuisance and shall be abated. (Ord. 1423 § 4, 1983).