Chapter 6.04
ANIMAL CONTROL

Sections:

6.04.010    Purpose.

6.04.020    Definitions.

6.04.030    Dog and cat licensing.

6.04.040    Animal shelter and kennel license – Required.

6.04.050    Animal shelter and kennel license – Zoning and health requirements.

6.04.060    Hobby kennel license.

6.04.070    Animal shelters, kennels and pet shops – Reports – Inspections – Sanitation.

6.04.080    Animal shelters, kennels and pet shops – General standards.

6.04.090    Animal shelters, kennels and pet shops – Indoor facilities.

6.04.100    Animal shelters, kennels and pet shops – Outdoor facilities.

6.04.110    Grooming parlors – License.

6.04.120    Grooming parlors – Conditions.

6.04.130    Rule and regulation promulgation.

6.04.140    Reapplication after license denial.

6.04.150    Animal nuisances.

6.04.155    Rabies – Mandatory vaccination and quarantine.

6.04.160    Repealed.

6.04.170    Cruelty to animals.

6.04.175    Confinement of an animal in a motor vehicle.

6.04.177    Tethering of an animal.

6.04.180    Repealed.

6.04.190    Enforcement power.

6.04.200    Impoundment – Authority – Holding.

6.04.210    Impoundment – Redemption procedures.

6.04.220    Mandatory spay/neuter and microchipping for impounded dogs and cats – Deposit – Refund – Exception.

6.04.230    Impoundment – Inspections.

6.04.240    Feral cats and dogs.

6.04.250    Repealed.

6.04.260    Legal or equitable enforcement action.

6.04.270    Repealed.

6.04.280    Repealed.

6.04.290    Repealed.

6.04.300    Violation – Criminal and civil penalty.

6.04.305    Habitual offender.

6.04.310    Repealed.

6.04.010 Purpose.

It is declared the public policy of the city to secure and maintain such levels of animal control as will protect human health and safety, and to the greatest degree practicable, prevent injury to property and cruelty to animal life. To this end, it is the purpose of this chapter to provide a means of 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. (Ord. 2613 (part), 2017: Ord. 1340 § 1, 1986)

6.04.020 Definitions.

In construing the provisions of this chapter, except where otherwise plainly declared or clearly apparent from the context, words used in this chapter shall be given their common and ordinary meaning; in addition, the following definitions shall apply to each reference to the following words or phrases:

A. “Abandons” means the knowing or reckless desertion of an animal by its owner or the causing of the animal to be deserted by its owner, in any place, without making provisions for the animal’s adequate care, and includes, but is not limited to, arrest, involuntary or voluntary commitment, entrance to a medical or rehabilitation program, or other event causing the animal to be without care and/or shelter for the duration of the owner’s confinement.

B. “Abatement” means the termination of any violation by reasonable and lawful means determined by the director in order that an owner or a person presumed to be the owner shall comply with this chapter.

C. “Animal” means any nonhuman mammal, bird, reptile, or amphibian.

D. “Animal control operations board” means the operations board of the governing entity of the animal control authority, as established by the interlocal agreement.

E. “Animal control authority” means the Sumner police department, acting alone or in partnership with other agencies for enforcement of animal control laws and the shelter and welfare of animals.

F. “Animal control officer” means any individual employed, contracted or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the 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 which involve the seizure and taking into custody of any animal.

G. “City” means the city of Sumner, Washington.

H. “Director” means the Sumner chief of police.

I. “Domesticated animal” means any dog, cat, rabbit, horse, mule, bovine animal, lamb, goat, sheep, hog, bird, or other animal made to be domestic.

J. “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 such loss of consciousness.

K. “Exotic animals” shall mean 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;

6. The order Crocodilia, including alligators, crocodiles, caimans and gavials.

L. “Grooming parlor” means any place or establishment, public or private, where animals are bathed, clipped or combed, whether or not for compensation, for the purpose of enhancing their aesthetic value.

M. “Hobby kennel” means a noncommercial kennel at or adjoining a private residence where six or more adult animals are bred and/or kept for hunting, training and exhibition for organized shows, field, working, and/or obedience trials or for enjoyment of their species.

N. “Kennel” means a place where six or more adult dogs or cats or any combination thereof is kept whether by owners of the dogs and cats or by persons providing facilities and care, whether or not for compensation, but not including a small animal hospital or clinic or pet shop. An adult dog or cat is one of either sex, altered or unaltered, that has reached the age of six months.

O. “Leash” shall mean a cord, strap, or chain of sufficient strength so that the animal is under the control of a competent person accompanying the animal. For purposes of this definition, “leash” does not include an electronic leash or other similar device where a competent person in control of the animal is not holding a cord, strap, or chain directly attached to the animal.

P. “Livestock” means horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and fowl.

Q. “Owner” means any person having a right, claim, title, legal share, or right of possession to an animal or a person having lawful control, custody, or possession of an animal, or who, by reason of the animal being seen residing consistently in a location owned or controlled by the person, is presumed to be the owner.

R. “Pack of dogs” means a group of three or more dogs 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 such dogs are not restrained or controlled.

S. “Person” means any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity, and agents of those entities.

T. “Pet shop” means a person or establishment that acquires for the purpose of sale live animals, including birds, reptiles, fowl and fish, bred by others, whether as owner, agent, or on consignment, and sells, or offers to sell, such live animals, including birds, reptiles, fowl and fish, to the public or to retail outlets.

U. “Potentially dangerous dog” means any dog that without provocation: (1) inflicts bites on a human, domestic animal, or livestock either on public or private property; or (2) chases or approaches a person upon the streets, sidewalks, or any public grounds or private property in a menacing fashion or apparent attitude of attack; or (3) any dog with a known propensity, tendency, or disposition to attack unprovoked or to cause injury or otherwise to threaten the safety of humans, domestic animals, or livestock on any public or private property.

V. “Dangerous dog” means any dog that: (1) inflicts severe injury on or kills a human being without provocation, or (2) inflicts severe injury on or kills an animal without provocation while the animal inflicting the injury is off the property where its owner resides, or (3) has been previously found to be potentially dangerous, the owner having received notice of such, and the animal again aggressively bites, attacks or endangers the safety of humans or other animals. Any dog which inflicts injury to a human or animal while trespassing on the property of another is the presumed provoker, unless such presumption is overcome by the preponderance of the evidence.

W. Restraint. An animal is considered to be under “restraint” if it is maintained and remains within the property limits of its owner or keeper.

X. “Running at large” means to be off the premises of the owner or on the premises of another without the written permission of the owner thereof and not on a leash and not under the control of the owner or competent person authorized by the owner. This definition shall not include a “service animal” as defined in this section if such restraint would interfere with the service animal’s work or the nature of the animal’s owner’s or keeper’s disability prevents use of a restraint.

Y. “Shelter” means a facility which is used to house or contain stray, homeless, abandoned or unwanted animals and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit organization or person devoted to the welfare, protection and humane treatment of animals.

Z. “Under control” means the animal is under control and restrained from approaching any bystander or other animal and from causing or being the cause of physical property damage when off the premises of the owner.

AA. “Vicious” means a propensity to do any act that might endanger the safety of any person, animal or property of another, including, but not limited to, a disposition to mischief or fierceness as might occasionally lead to attack on human beings without provocation, whether in play or outbreak of untrained nature.

BB. “Service animal” shall mean a dog that is individually trained to do work or perform tasks for a person who has a disability as defined under state or federal law.

CC. “Proper enclosure” means, while on the owner’s property, the animal shall be confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have a locking door with a padlock, secure sides, a concrete floor or, if the pen or structure has no bottom secured to the sides, then the sides must be embedded in the ground no less than one foot and a secure top attached to the sides, and shall also provide protection from the elements for the animal. The structure must comply with all applicable provisions of the local building and zoning codes.

DD. “Warning sign” means a clearly visible and conspicuously displayed sign containing words and a symbol (to inform children or others incapable of reading) warning that there is a dangerous animal on the property.

EE. “Muzzle” means a muzzle made in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any person or animal.

FF. “Severe injury” means any physical injury which results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

GG. “Provocation” means any threatening or aggressive act that would reasonably incite or stimulate a dog to react in self-defense, including, but not limited to, inciting movements, aggressive tones, and offensive touching.

HH. “Tether” means (1) to restrain an animal by tying or securing the animal to any object or structure; and (2) a device, including, but not limited to, a chain, rope, cable, cord, tie-out, pulley, or trolley system for restraining an animal.

II. “Dog” means an animal of the species Canis lupus familiaris.

JJ. “Necessary shelter” means a structure sufficient to protect a dog from wind, rain, snow, cold, heat, or sun that has bedding to permit a dog to remain dry and reasonably clean and maintain a normal body temperature.

KK. “Necessary water” means water that is in sufficient quantity and of appropriate quality for the species for which it is intended and that is accessible to the animal or as directed by a veterinarian for medical reasons. (Ord. 2613 (part), 2017: Ord. 2541 § 1, 2015; Ord. 2405 § 1, 2012: Ord. 2324 § 1, 2010: Ord. 2281 § 1, 2008: Ord. 1901 § 1, 1999: Ord. 1760 § 1, 1996; Ord. 1340 § 2, 1986)

6.04.030 Dog and cat licensing.

A. License Requirements. All dogs and cats seven months of age or older which are harbored, kept or maintained in the city shall be licensed by the city annually on a schedule established by the animal control authority; provided, however, that dogs kept in kennels need not be licensed as provided in SMC 6.04.040; provided further, that this section shall not apply to dogs used by the police department for police work. No more than five dogs and/or cats may be individually licensed by a residence or to an owner in the city of Sumner.

B. Fees. Dog and cat licenses shall be issued by the animal control authority upon application and payment of an annual license fee made payable to Metro Animal Services. The fee for each animal license shall be as set forth in the following schedule of fees and is subject to change. Applications for a dog or cat license shall be on forms provided by the animal control authority. No prorating of a license fee for a portion of the calendar year shall be made. Every dog or cat kept within the city limits shall be provided by its owner with a collar or harness made of leather, metal or other substantial material, which shall be worn by such dog or cat at all times when off the premises of the licensed owner and to which the license tag provided shall be securely fastened.

 

Animal Control Fees: 

(1)

Juvenile dogs – eight weeks through six months

$0.00

(2)

Adult dogs – seven months or older:

 

 

Altered

$16.00

 

Unaltered

$60.00

(3)

Juvenile cats – eight weeks through six months

$0.00

(4)

Adult cats – seven months or older:

 

 

Altered

$12.00

 

Unaltered

$60.00

(5)

Reduced rates for senior citizen, 65 years of age or older:

 

(a)

Dogs:

 

 

Altered

$8.00

 

Unaltered

$30.00

(b)

Cats:

 

 

Altered

$6.00

 

Unaltered

$30.00

 

In order to receive the fee advantage for altered dogs and cats, an individual must provide either proof of alteration from a licensed veterinarian or a written statement from a licensed veterinarian that the spay/neuter procedure would be harmful to the animal.

(6)

Exotic animal – owner’s license

$100.00

(7)

Kennel license fee

$75.00

(8)

Replacement tag fee

$5.00

(9)

Permit for potentially dangerous dog

$250.00

(10)

Annual renewal of permit for potentially dangerous dog

$50.00

(11)

Permit for dangerous dog

$500.00

(12)

Annual renewal of permit for dangerous dog

$100.00

(13)

Animal Shelter Fees.

 

 

A. Adoption Fees. Adoption fee shall include an animal license, spaying/neutering of the animal and a microchip.

 

B. Spay/Neuter Deposit. Fee charged to a new owner if the animal is too young to be altered. The deposit is refunded upon providing proof of alteration within 120 days of adoption.

 

C. Owner Drop Off Fee. Fee charged to an owner who surrenders their animal to animal control for adoption.

 

D. Owner Euthanasia Fee. Fee charged to an owner who surrenders their animal to animal control for euthanization.

 

E. Boarding Fee. Fee charged to an owner for costs associated with boarding an animal that has been impounded or taken into protective custody including the first and last day that the animal is retained by the impounding authority even where the animal is in custody for less than a full day.

 

F. Impound/Redemption Fee. Fee charged to an owner for costs associated with completing the intake and disposition process of an animal that has been impounded.

 

These fees shall be set annually by the animal control operations board and shall be based on comparables as well as actual costs associated with professional services. The animal control operations board shall provide each participating city with a copy of these fees. The “animal control operations board” means the operations board of the governing entity of the animal control authority, as established by the interlocal agreement.

(14)

Checks – Any person who issues a check for which funds are insufficient (NSF) will be assessed a fee of $40.00. In addition, any license(s) or penalties paid with such checks will be invalid. Additional costs incurred by the city in collecting NSF checks shall be considered a cost of abatement and will be the personal obligation of the animal owner and will be subject to civil litigation.

C. License Revocation. If the animal control authority has reason to believe by a preponderance of the evidence that a dog license was issued to a dog that has been designated a potentially dangerous or dangerous dog in any jurisdiction, the license shall be revoked with the provisions of chapter 6.10 SMC taking effect.

D. Penalty. Any person who fails to obtain a license within 30 days after the license expiration date but before 60 days of the expiration date shall pay a penalty of $10.00 per license. Any person who fails to obtain a license within 60 days of the license expiration date shall pay a penalty of $20.00 per license. No late payment penalty shall be charged on new license applications if:

1. The owner submits proof of purchase of the animal within the preceding 30 days; or

2. The owner has moved into the city within the preceding 30 days; or

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

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

5. The owner submits other proof deemed acceptable in the animal control authority’s administrative policy.

E. Nonapplicability. Provisions of this section shall not apply to dogs or cats in the custody of a veterinarian or animal shelter, a service animal, or whose owners are nonresidents temporarily within the city for a period not exceeding 30 days. Dogs and cats are exempt from the above licensing provisions when they are in the custody of a recognized animal rescue group. In order to qualify as a recognized group, proof of registration with the Internal Revenue Service pursuant to IRC 501(c)(3) must be submitted to the Humane Society by the group. (Ord. 2613 (part), 2017: Ord. 2541 § 2, 2015: Ord. 2500 § 1, 2014; Ord. 2405 § 2, 2012; Ord. 2344 § 1, 2010; Ord. 2324 § 2, 2010; Ord. 2281 § 2, 2008; Ord. 2257 § 1 (part), 2008: Ord. 1901 § 2, 1999: Ord. 1340 § 3, 1986)

6.04.040 Animal shelter and kennel license – Required.

It is unlawful for any person to keep or maintain any animal shelter or kennel within the city of Sumner without first obtaining a valid and subsisting license therefor. The fee for such license shall be set forth in SMC 6.04.030. 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 city and 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. 2613 (part), 2017: Ord. 1901 § 3, 1999: Ord. 1340 § 4, 1986)

6.04.050 Animal shelter and kennel license – Zoning and health requirements.

A. Zoning Compliance. The applicant for an original animal shelter or kennel license shall, prior to issuance of the animal shelter or kennel license, present to the animal control authority evidence of approval from the city of Sumner planning commission and the Sumner city council.

B. Health Inspection. Before an animal shelter or kennel license may be issued by the animal control authority, a certificate of inspection from the animal control authority must be issued showing that the animal shelter, kennel, or pet shop is in compliance with hygienic standards of this chapter or other applicable chapters or regulations. (Ord. 2613 (part), 2017: Ord. 1340 § 5, 1986)

6.04.060 Hobby kennel license.

A. License Required. It is unlawful for any person to keep or maintain any dog or cat within the city for the purpose of a hobby kennel without obtaining a valid license therefor. The fee for such license shall be as set forth in SMC 6.04.030.

B. Limitation of Number of Dogs and Cats Allowed. The total number of dogs and cats over six months of age kept by a hobby kennel shall not exceed the total number authorized by the animal control authority based on the following guidelines:

1. The number of animals permitted shall be established by the animal control authority based on such factors as animal size, type and characteristics of the breed and 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 shall not exceed five where the lot area is less than 35,000 square feet.

2. All open run areas shall be completely surrounded by a six-foot fence set back at least 20 feet from all property lines.

3. No commercial signs or other appurtenances advertising the kennel are permitted on the property.

4. The director may require additional setback, fencing, screening, or soundproofing requirements as he/she deems necessary to insure the compatibility of the hobby kennel with surrounding development.

5. The hobby kennel shall limit dog and cat reproduction to no more than 12 offspring per license year.

6. Each animal in the hobby kennel shall have current and proper immunization from disease according to the animal’s species and age. For dogs such shall consist, as a minimum, of DHL inoculation for dogs over three months of age and rabies inoculations for those over six months of age. (Ord. 2613 (part), 2017: Ord. 1901 § 4, 1999: Ord. 1340 § 6, 1986)

6.04.070 Animal shelters, kennels and pet shops – Reports – Inspections – Sanitation.

A. Report of Animal Disposition. Each animal shelter, kennel or pet shop shall maintain a list which is available upon request to the animal control authority, quarterly, based upon the calendar year, of all dogs and cats auctioned off, given away, sold or otherwise disposed of. 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 purveyed.

B. Inspection. It shall be the duty of the director or his/her designee to make or cause to be made such inspections as may be necessary to insure compliance with other applicable sections of this chapter. The owner or keeper of an animal shelter, kennel or pet shop shall admit to the premises, for the purpose of making an inspection, any officer, agent or employee of the animal control authority at any reasonable time that admission is requested.

C. Unsanitary Conditions Unlawful. It is unlawful to keep, use or maintain within the city any animal shelter, kennel 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 therewith. Failure to comply with this section may be cause for revocation or denial of a license to use, keep or maintain such animal shelter, kennel or pet shop. (Ord. 2613 (part), 2017: Ord. 2324 § 3, 2010; Ord. 1340 § 7, 1986)

6.04.080 Animal shelters, kennels and pet shops – General standards.

Animal shelters, kennels and pet shops shall meet the following conditions:

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 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 foods.

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 running 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 prevent contaminating well animals.

G. There shall be an employee on duty at all times during hours any shelter, kennel or pet shop is open.

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

I. No person shall knowingly sell a sick or injured animal or bird.

J. No person shall misrepresent an animal or bird to a consumer in any way. (Ord. 2613 (part), 2017: Ord. 1340 § 8, 1986)

6.04.090 Animal shelters, kennels 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 rotation 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 and ceiling 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, when 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 city 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 and 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;

F. Conform with all applicable development standards of the city zoning code. (Ord. 2613 (part), 2017: Ord. 1340 § 9, 1986)

6.04.100 Animal shelters, kennels and pet shops – Outdoor facilities.

Animal shelters, kennels 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;

D. Conform with all applicable development standards of the city zoning code. (Ord. 2613 (part), 2017: Ord. 1340 § 10, 1986)

6.04.110 Grooming parlors – License.

It is unlawful for any person to keep or maintain any grooming parlor without first obtaining a valid and subsisting license therefor. The fee for such license shall be as set forth in SMC 6.04.030. However, if the grooming parlor is operated as a part of the business of a kennel, or a pet shop, the fee shall be in addition to the fee established for a kennel or pet shop license. (Ord. 2613 (part), 2017: Ord. 1901 § 5, 1999: Ord. 1340 § 11, 1986)

6.04.120 Grooming parlors – Conditions.

Grooming parlors shall:

A. Not board animals but keep only dogs and cats for a reasonable time in order to perform the business of grooming;

B. Provide such restraining straps for the dog or cat while it is being groomed so that such animal shall neither fall nor be hanged;

C. Sterilize all equipment after each dog or cat has been groomed;

D. Not leave animals unattended before a dryer;

E. Not prescribe nor administer treatment or medicine that is the province of a licensed veterinarian as provided in RCW 18.92.010;

F. Not put more than one animal in each cage;

G. Have floors and walls in rooms, pens and cages used to retain animals or in areas where animals are clipped, groomed or treated constructed of water-impervious material that can readily be cleaned, and which must be maintained in good repair;

H. Have hot and cold water conveniently available and a large sink or tub provided (minimum size, 24 inches by 18 inches by 12 inches);

I. Have toilet and hand-washing facilities with hot and cold running water conveniently available for personnel employed;

J. Have only equipment necessary to the operation of the licensed establishment kept or stored on the premises that shall only be stored in a sanitary or orderly manner;

K. Have all cages, pens, or kennels used for holding animals kept in a clean and sanitary condition and disinfected on a routine basis;

L. Comply with all applicable development standards of the city zoning code. (Ord. 2613 (part), 2017: Ord. 1901 § 6, 1999: Ord. 1340 § 12, 1986)

6.04.130 Rule and regulation promulgation.

The director is authorized to promulgate rules and regulations not in conflict with this chapter 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 rules and regulations shall be enacted in accordance with city procedures for adopting such rules and regulations. The animal control authority may, in addition to other penalties provided in this chapter, 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 chapter. (Ord. 2613 (part), 2017: Ord. 1340 § 13, 1986)

6.04.140 Reapplication after license denial.

No applicant shall be issued an animal shelter, hobby kennel, kennel, grooming parlor, guard dog purveyor, guard dog trainer license or guard dog 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 herein to the satisfaction of the animal control authority. (Ord. 2613 (part), 2017: Ord. 1340 § 14, 1986)

6.04.150 Animal nuisances.

For purposes of this chapter, violations of this chapter are nuisances and shall include, but not be limited to, the following:

A. Any public nuisance relating to animal control known at common law or in equity jurisprudence;

B. Animals (excluding household pets, such as dogs and cats), particularly horses, mules, rabbits, bovine animals, lambs, goats, sheep, birds, hogs, chickens or other animals made to be domestic, being kept in any districts which do not comply with the existing zoning regulations;

C. Animals running at large within the city;

D. Any domesticated animal, whether licensed or not, which runs at large in any park, or enters any public beach, pond, fountain, or stream therein, or upon any public playground or school ground; provided, however, that this section shall not prohibit a person from walking or exercising an animal in a public park or on any public beach when such animal is on a leash, tether or chain not to exceed eight feet in length. This section shall not apply to a service animal if a leash would interfere with the service animal’s work or the nature of the owner’s or keeper’s disability prevents use of a leash;

E. Any animal which enters any place where food is stored, prepared, served or sold to the public, or any other public building or hall. This section shall not apply to a service animal if a leash would interfere with the service animal’s work or the nature of the owner’s or keeper’s disability prevents use of a leash;

F. A female domesticated animal, whether licensed or not, while in heat, accessible to other animals for purposes other than controlled and planned breeding;

G. Any domesticated animal which chases, runs after or jumps at vehicles using the public streets and alleys;

H. Any domesticated animal which habitually snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets, alleys, or other public ways and city-owned properties;

I. Any animal which has exhibited vicious propensities and which constitutes danger to the safety of persons or property off his premises or lawfully on his premises;

J. A vicious animal or animal with vicious propensities which runs at large at any time, or which is off the owner’s premises not securely leashed and in the control of a person of suitable age and discretion to control or restrain such animal;

K. Any domesticated animal which howls, yelps, whines, barks, or makes other oral noises, in such a manner that unreasonably annoys, disturbs, or interferes with the comfort, repose, health or safety of any person;

L. Any domesticated animal which enters upon another person’s property without the permission of that person;

M. Animals on any public property not under control by their owner or other competent person by a leash. This section shall not apply to a service animal if a leash would interfere with the service animal’s work or the nature of the owner’s or keeper’s disability prevents use of a leash;

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

O. Animals running in packs. (Ord. 2613 (part), 2017: Ord. 2405 § 3, 2012: Ord. 1760 § 2, 1996; Ord. 1340 § 15, 1986)

6.04.155 Rabies – Mandatory vaccination and quarantine.

A. All dogs and cats three months or older shall be vaccinated against rabies.

B. An owner of a dog or cat shall provide written documentation of rabies vaccination for a dog or cat when such written documentation is requested by a law enforcement officer or animal control officer as part of an investigation involving a dog or cat biting a human or animal.

C. In cases where a dog or cat has bitten a person or caused an abrasion of the skin, the animal shall be quarantined for a period of no less than 10 days. The purpose of the quarantine is to ensure no adverse health problems with the animal are detected. The quarantine may be completed at the owner’s home, veterinary clinic or animal shelter as determined by the investigating law enforcement officer or animal control officer. (Ord. 2613 (part), 2017: Ord. 2405 § 4, 2012)

6.04.160 Police dog interference.

Repealed by Ord. 2324. (Ord. 1340 § 16, 1986)

6.04.170 Cruelty to animals.

It is unlawful:

A. For a person to knowingly, recklessly, or with criminal negligence inflict unnecessary suffering or pain upon an animal.

B. For an owner of an animal to knowingly, recklessly, or with criminal negligence:

1. Fail to provide the animal with necessary shelter, rest, sanitation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure;

2. To abandon the animal; or

3. Abandon the animal and: (a) as a result of being abandoned, the animal suffers bodily harm; or (b) abandoning the animal creates an imminent and substantial risk that the animal will suffer substantial bodily harm.

C. For a person to violate the provisions herein:

1. Violation of subsection (A), (B)(1), or (B)(2) of this section is a misdemeanor.

2. Violation of subsection (B)(3) of this section is a gross misdemeanor.

D. In any prosecution of animal cruelty under subsection (A) or (B)(1) of this section, it shall be an affirmative defense, if established by the defendant by a preponderance of the evidence, that the defendant’s failure was due to economic distress beyond the defendant’s control. (Ord. 2613 (part), 2017: Ord. 2324 § 5, 2010: Ord. 1340 § 17, 1986)

6.04.175 Confinement of an animal in a motor vehicle.

It is unlawful for an owner or person to confine any animal in a motor vehicle in such a manner that places it in a life- or health-threatening situation by exposure to a prolonged period of extreme heat or cold, without proper ventilation or other protection from such heat or cold. In order to protect the health and safety of such animal, an animal control officer or law enforcement officer who has probable cause to believe that this section is being violated shall have the authority to enter such motor vehicle by any reasonable means under the circumstances, after making a reasonable effort to locate the owner. (Ord. 2613 (part), 2017: Ord. 2324 § 6, 2010)

6.04.177 Tethering of an animal.

A. Violation.

1. It is unlawful to restrain outside or tether a dog as follows, except for a period of time that is not reckless and is otherwise in compliance with this section:

a. If the dog is tethered in a manner that causes the dog injury or pain;

b. If the dog is tethered in a manner that results, or could reasonably result, in the dog becoming frequently entangled on the restraint or another object;

c. If there are multiple dogs tethered, and each dog is not on a separate tether and not secured to a separate fixed point;

d. With a tether that does not allow the dog to sit, lie down, and stand comfortably without the restraint becoming taut and that does not allow the dog a range of movement;

e. If the dog is ill, suffering from a debilitating disease, injured, in distress, in the advanced stages of pregnancy, or under six months of age;

f. If the dog does not have access to clean water and necessary shelter that is safe and protective, and constructed or attached in such a way that the dog cannot knock over the shelter or water vessel while tethered;

g. If the dog is tethered in a manner that results in the dog being left in unsafe or unsanitary conditions or that forces the dog to stand, sit, or lie down in its own excrement or urine;

h. If the dog is tethered by means of a choke, pinch, slip, halter, or prong-type collar, or by any means other than with a properly fitted buckle-type collar or harness that provides enough room between the collar or harness and the dog’s throat to allow normal breathing and swallowing; and

i. If the weight of the tether unreasonably inhibits the free movement of the dog within the area allowed by the length of the tether.

2. It shall constitute an exception to subsections (A)(1)(b) through (e) of this section only if:

a. The dog is tethered while it is receiving medical care or treatment under the supervision of a licensed veterinarian or is being groomed;

b. The dog is tethered while participating temporarily in an exhibition, show, contest, or other event in which the skill, breeding, or stamina of the dog is judged or examined;

c. The dog is being kept temporarily at a camping or recreation area;

d. The dog is being cared for temporarily after having been picked up as a stray or as part of a rescue operation;

e. The dog is being transported in a motor vehicle or temporarily restrained or tied after being unloaded from a motor vehicle;

f. The dog is being trained or used by a federal, state, or local law enforcement agency or military or national guard unit; or

g. The dog is in the physical presence of the owner or person who keeps or controls the dog.

B. Penalty. Each incident involving a violation of this section is a separate offense. Any owner who violates this section is subject to the following penalties:

1. A first offense shall result in a correction warning being issued requiring the offense to be corrected by the owner, or person who keeps or controls the dog, within seven days after the date of the warning being issued in lieu of an infraction unless the offense poses an imminent risk to the health or safety of the dog or the dog has been injured as a result of the offense.

2. A second offense is a class 2 civil infraction under RCW 7.80.120(1)(b) and shall be subject to the maximum penalty allowed thereunder and as hereinafter amended.

3. A third or subsequent offense is a class 1 civil infraction under RCW 7.80.120(1)(a) and shall be subject to the maximum penalty allowed thereunder and as hereinafter amended. (Ord. 2613 (part), 2017)

6.04.180 Poisonous snakes and reptiles.

Repealed by Ord. 2324. (Ord. 1340 § 18, 1986)

6.04.190 Enforcement power.

A. The director and his/her authorized animal control officers are authorized to take such lawful action, including the authority to issue citations and infractions, as may be required to enforce the provisions of this chapter as they pertain to animal cruelty, shelter, welfare and enforcement of control.

B. The director or his/her authorized animal control officer 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; provided, however, that the director and his/her authorized animal 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.

C. No person shall deny, prevent, obstruct or attempt to deny, prevent or obstruct an animal control officer or law enforcement 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 director or the authorized animal control officer to enter private property to perform any duty imposed by this chapter. Any person in violating this subsection is guilty of a misdemeanor. (Ord. 2613 (part), 2017: Ord. 1760 § 3, 1996; Ord. 1340 § 19, 1986)

6.04.200 Impoundment – Authority – Holding.

The director and his/her authorized representative may impound any animals found doing any of the acts defined as a public nuisance, found abandoned, and/or being subjected to cruel treatment as defined by law and herein. After such animals are impounded, the animal control authority shall ascertain whether the animal is licensed or otherwise identifiable and, if reasonably possible, return the animal to the owner together with a notice of violation of this chapter, and if it is not reasonably possible to immediately return the animal to its owner, or if the owner cannot be identified or located, the animal control authority shall notify the owner within five business days by certified mail to the owner’s last known address or telephone that the animal has been impounded and may be redeemed. Any animal impounded pursuant to this chapter shall be held for the owner at least 72 hours after receipt of notification by certified mail or by telephone from the impounding agency. Notice via certified mail to owner’s last known address is deemed received three days after mailing by the animal control authority. See SMC 6.04.030 for impound fees. Any animal suffering from serious injury or disease may be humanely destroyed, or, at the discretion of the impounding authority, may be held for a longer period and redeemed by any person on payment of charges not exceeding those prescribed herein. (Ord. 2613 (part), 2017: Ord. 2257 § 1 (part), 2008: Ord. 1901 § 7, 1999: Ord. 1340 § 20(A), 1986)

6.04.210 Impoundment – Redemption procedures.

The owner of any animal impounded pursuant to the provisions of SMC 6.04.200 may redeem it within 72 hours from the time of impounding, upon payment of the fees and costs set forth in SMC 6.04.030. Any such animal not redeemed within 72 hours after being impounded shall be deemed abandoned and may be humanely destroyed or adopted at the discretion of the impounding authority; provided, however, any animal so impounded less than two months of age may be humanely destroyed or adopted at any time after impounding. Livestock not redeemed may be sold at public auction by the impounding agency. The boarding cost for livestock impounded not boarded at the shelter shall be paid by the owner to the boarding facility/stockyard. (Ord. 2613 (part), 2017: Ord. 2324 § 8, 2010: Ord. 2257 § 1 (part), 2008: Ord. 1901 § 8, 1999: Ord. 1340 § 24, 1986)

6.04.220 Mandatory spay/neuter and microchipping for impounded dogs and cats – Deposit – Refund – Exception.

A. Mandatory Spay/Neuter and Microchip – Deposit. No unaltered dog or cat that is impounded more than once in any 12-month period may be redeemed by any person until the animal has been neutered/spayed and microchipped and a sum of $75.00 is deposited with the animal control authority to cover the cost for the spaying or neutering and microchipping the animal.

B. Refund. The deposit shall be refunded upon a showing of proof of alteration and microchipping from a licensed veterinarian.

C. Exception. The deposit shall not be required if the owner or other person redeeming the animal provides a written statement from a licensed veterinarian that the spay, neuter or microchip installation procedure would be harmful to the animal. (Ord. 2613 (part), 2017: Ord. 2257 § 1 (part), 2008: Ord. 1901 § 9, 1999: Ord. 1340 § 20(B), 1986)

6.04.230 Impoundment – Inspections.

The city council is empowered to conduct inspections of facilities receiving animals to insure that animals are treated humanely. (Ord. 2613 (part), 2017: Ord. 1901 § 10, 1999: Ord. 1340 § 20(C), 1986)

6.04.240 Feral cats and dogs.

Feral cats and dogs can spread disease in the animal shelter. As a result, any cat or dog impounded that is determined by the animal control officer to be feral will be separated from the other animal(s) in the shelter and will be humanely destroyed as soon as possible. (Ord. 2613 (part), 2017: Ord. 1901 § 11, 1999: Ord. 1340 § 20(D), 1986)

6.04.250 Animal availability for research.

Repealed by Ord. 1901. (Ord. 1340 § 20(E), 1986)

6.04.260 Legal or equitable enforcement action.

Notwithstanding the existence or use of any other remedy, the director may seek legal or equitable relief to enjoin acts or practices and abate any conditions which constitute a violation of this chapter, or other regulations adopted in this chapter. (Ord. 2613 (part), 2017: Ord. 1340 § 21, 1986)

6.04.270 Enforcement by notice and order.

Repealed by Ord. 2324. (Ord. 1340 § 22, 1986)

6.04.280 Appeals.

Repealed by Ord. 2324. (Ord. 1901 § 12, 1999: Ord. 1340 § 23, 1986)

6.04.290 Nuisance abatement – Generally.

Repealed by Ord. 2324. (Ord. 1340 § 25(A), 1986)

6.04.300 Violation – Criminal and civil penalty.

A. Any person found in violation of SMC 6.04.170(B)(3) is guilty of a gross misdemeanor and upon conviction shall be punished by a fine not to exceed $5,000, or by imprisonment in jail not to exceed 365 days, or by both such fine and imprisonment.

B. Any person violating any of the remaining provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000, or by imprisonment in jail not to exceed 90 days, or by both such fine and imprisonment; provided, that any person who shall violate the provisions of SMC 6.04.030(A) or 6.04.150(A), (C), (D), (E), (F), (G), (H), (I), (K), (L), (M), and (O) shall be deemed to have committed an infraction and shall be punished by a maximum penalty of $250.00. (Ord. 2613 (part), 2017: Ord. 2324 § 12, 2010: Ord. 2281 § 3 (part), 2008; Ord. 1760 § 4, 1996: Ord. 1340 § 26(A), 1986. Formerly 6.04.310.)

6.04.305 Habitual offender.

Any person who, after receiving two or more convictions, singularly or in combination, of crimes relating to animals within a 10-year period, or any combination of two findings of potentially dangerous and/or dangerous animals within 10 years, or any four infractions, singularly or in combination, found to be committed in any municipal or district court within a five-year period may be designated as a “habitual violator” by the director and shall be prohibited from owning animals for a period of not less than 10 years. A violation of this prohibition shall be a gross misdemeanor, punished by a maximum penalty of a fine not to exceed $5,000, or by imprisonment in jail not to exceed 364 days, or by both such fine and imprisonment. (Ord. 2613 (part), 2017)

6.04.310 Violations – Abatement.

Repealed by Ord. 2324. (Ord. 2281 § 3 (part), 2008; Ord. 1760 § 5, 1996: Ord. 1340 § 26(B), 1986. Formerly 6.04.320.)