Title 7
ANIMALS

Chapters:

7.04 Animal Control

7.08 Display of Wild or Exotic Animals

7.12 Repealed

Chapter 7.04
ANIMAL CONTROL*

Sections:

7.04.010 Purpose.

7.04.020 Definitions.

7.04.030 Pet licenses required.

7.04.033 Licensing – General requirements.

7.04.040 Repealed.

7.04.050 Penalty.

7.04.060 Dog and cat license exemptions.

7.04.070 Animal shelter, kennel, grooming service, cattery and pet shop license – Required.

7.04.080 Shelter or kennel license – Zoning compliance.

7.04.090 Shelter, kennel, grooming service, etc. – Health inspection.

7.04.100 Hobby kennel or hobby cattery license – Required.

7.04.110 Animal shelters, kennels, hobby kennels, catteries, hobby catteries, and pet shops requirements.

7.04.120 Facilities – Indoors.

7.04.130 Facilities – Outdoors.

7.04.140 Grooming parlors – Conditions.

7.04.150 Additional rules and regulations.

7.04.152 Household pets.

7.04.154 Beekeeping.

7.04.156 Small domestic animals.

7.04.158 Large domestic animals.

7.04.160 License – Revocation, suspension or refusal to renew.

7.04.170 License revocation or refusal – Waiting period.

7.04.180 Enforcement power.

7.04.190 Violations – Abatement and removal authorized.

7.04.200 Nuisances defined – Violations to be abated.

7.04.210 Impounding.

7.04.220 Redemption procedures.

7.04.225 Waiver of fees and penalties.

7.04.230 Cruelty violations declared unlawful.

7.04.235 Sale of unaltered pet.

7.04.240 Abatement – Commencement, notice and order, service standards.

7.04.250 Appeal – Authority.

7.04.260 Appeal – Form.

7.04.270 Appeal – Scheduling.

7.04.280 Appeal – Appellant action.

7.04.290 Failure to file.

7.04.300 Stay of enforcement.

7.04.310 Criminal penalty.

7.04.320 Civil penalty.

7.04.330 Nuisances.

7.04.335 Dangerous dogs – Registration, prohibitions, etc.

7.04.340 Personal obligations.

7.04.350 Costs of enforcement action.

7.04.360 Additional enforcement.

7.04.370 Contract with county.

7.04.400 Mandatory spaying and neutering.

7.04.410 Spay/neuter vouchers.

7.04.500 Euthanasia rate targets.

7.04.510 Advertisement of unaltered pet.

7.04.520 Rabies vaccine.

7.04.530 Exemptions.

7.04.540 Release from confinement.

7.04.550 Monitoring.

7.04.600 King County chapters adopted by reference.

*Prior legislation: Ords. 669, 721, 744, 852, 874, 1041. Animal fee schedules are on file in the City Clerk’s office.

7.04.010 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. It is therefore the purpose of this chapter to provide a means of licensing dogs and cats, animal shelters, hobby kennels, kennels and pet shops and to control errant animal behavior so that it shall not become a public nuisance, and to prevent cruelty to animals. (Ord. 1371 § 1 (part), 1987).

7.04.020 Definitions.

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

A. "Abatement" means the termination of any violation by reasonable and lawful means determined by the director of the animal control authority in order that an owner or a person presumed to be the owner shall comply with this chapter.

B. "Animal" means any living creature except homosapiens, insects and worms.

C. "Animal control authority" means the King County Animal Control Section, division of general services, acting alone or in concert with other designees from the City for enforcement of the animal control laws of the City, County and State and the shelter and welfare of animals.

D. "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.

E. "Animal rescuer" means any individual who routinely obtains an unwanted dog or cat and who locates within 90 days an adoptive home for that spayed or neutered dog or cat provided, however, an interim, administrative extension may be granted by the animal control authority for a maximum of 6 months if a dog or cat is pregnant, nursing, or injured and that condition is verified by a veterinarian.

F. "Cattery" means a place where four or more adult cats are kept, whether by owners of the cats or by persons providing facilities and care, whether or not for compensation, but not including small animal hospital, clinic or pet shop. An adult cat is one of either sex, altered or unaltered, that has reached the age of six months.

G. "Dangerous dog" means any dog that according to the records of the appropriate authority, (a) has inflicted severe injury on a human being without provocation on public or private property, (b) has killed a domestic animal without provocation while off the owner’s property, or (c) has been previously found to be potentially dangerous, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals. It shall not include dogs that threaten, injure, or damage, etc., persons who, at the time were committing wilful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported as having tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.

H. "Domesticated animal" means those domestic beasts such as any dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep, hog, or other animal made to be domestic.

I. "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.

J. "Grooming service" means any place or establishment, public or private, where animals are bathed, clipped or combed for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged.

K. "Harboring, keeping, or maintaining a dog or cat" means performing any of the acts of providing care, shelter, protection, refuge, food, or nourishment in such manner as to control the animal’s actions, or, that the animal(s) is treated as living at one’s house by the homeowner.

L. "Hobby cattery" means a noncommercial cattery at or adjoining a private residence where four or more adult cats are bred or kept for exhibition for organized shows or for the enjoyment of the species provided, however, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number allowed by city code.

M. "Hobby kennel" means a noncommercial kennel at or adjoining a private residence where four or more adult dogs are bred or kept for hunting, training and exhibition for organized shows, field, working and/or obedience trials, or for enjoyment of the species; provided, however, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number allowed by city code.

N. "Juvenile" means any dog or cat, altered or unaltered, that is under the age of six months.

O. "Kennel" means a place where four or more adult dogs are kept, whether by owners of the dogs or by persons providing facilities and care, whether or not for compensation, but not including a small animal hospital or clinic or pet shop. An adult dog is one of either sex, altered or unaltered, that has reached the age of six months.

P. "Livestock" means cattle, hogs, sheep, goats, horses, llamas, and other large grazing animals, but does not include small, wild or predatory animals.

Q. "Owner" means any person having an interest in or right of possession to an animal or any person having control, custody or possession of any animal, or by reason of the animal being seen residing consistently at a location, shall be presumed to be the owner.

R. "Packs of dogs" means a group of two 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.

T. "Pet shop" means any person, establishment, store or department of any store that acquires live animals, including birds, reptiles, fowl and fish, and sells, or offers to sell or rent such live animals to the public or to retail outlets.

U. "Potentially dangerous dog" means any dog that when unprovoked: (a) Inflicts bites on a human or a domestic animal either on public or private property, or (b) chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury or otherwise to threaten the safety of humans or domestic animals.

V. "Running at large" means to be off the premises of the owner and not under the control of the owner or competent person authorized by the owner, either by leash or verbal voice and/or signal control.

W. "Service animal" means any animal, which is trained or being trained to aid a person who is blind, hearing impaired, or otherwise disabled and is used for that purpose and is registered with a recognized service animal organization.

X. "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.

Y. "Special hobby kennel license" means a license issued to pet owners under certain conditions, who do not meet the requirements for a hobby kennel license, to allow them to retain only those specific dogs and cats then in their possession until such time as the death or transfer of such animals reduces the number they possess to the legal limit allowed under Redmond zoning and land use laws.

Z. "Under control" means the animal is under competent voice and/or signal control so as to be thereby restrained from approaching any bystander or other animal and from causing or being the cause of physical property damage when off of a leash or off the premises of the owner.

AA. "Vicious" means the act of, or the propensity to do any act endangering the safety of any person, animal or property of another, including, but not limited to, biting a human being, an attack on human beings or domestic animals without provocation. (Ord. 1704 § 1, 1992: Ord. 1408 §§ 1, 2, 1988; Ord. 1371 § 1 (part), 1987).

7.04.030 Pet licenses required.

A. License Requirements. All dogs and cats eight weeks and over which are harbored, kept or maintained within the City shall be licensed and registered annually. However, dogs kept in kennels need not be licensed annually while kept at such kennels which are duly licensed as provided in Section 7.04.070; provided further that this section shall not apply to dogs used by the Redmond Police Department for police work.

B. License Issuance. Pet licenses shall be issued by the animal control authority and may be issued by veterinarians, pet shops, catteries, and kennels and other approved locations upon application and the payment of a license fee made payable to the King County Department of Finance according to the schedule determined by resolution of the City Council:

1. Pet licenses for either altered or unaltered dogs and cats will be valid for a term of one year from the date of issuance, expiring on the last day of the twelfth month. There is no proration of any license fees. Renewal licenses will retain the original expiration period whether renewed prior to, on, or after their respective renewal month;

2. Juvenile licenses must be obtained for pets from eight weeks to six months of age;

3. City of Redmond residents sixty-five years of age or older may purchase a special permanent license for the lifetime of cats or dogs which are neutered or spayed and for which they are the registered owners when said animals are maintained at said owner’s registered address. The special permanent animal license fee shall be established by council resolution, provided that the owner provides written proof that the animal has been spayed or neutered. Such residents shall not be required to annually purchase a new license for the lifetime of such licensed animals; provided, that no person shall be issued more than three (3) special permanent animal licenses for any combination of three (3) cats and dogs for which they are the registered owner;

4. Applications for a pet license shall be on forms provided by the animal control authority;

5. License tags shall be securely affixed to a substantial collar, harness or other means which shall be worn by dogs at all times. As an alternative to a license tag, a dog or cat may be identified as licensed by being tattooed on its right ear or on its inside right thigh or groin with a license number approved or issued by the animal control authority.

6. Owners of dogs and/or cats which hold valid licenses from other jurisdictions and who move into the City of Redmond may transfer the license by paying a transfer fee, such fee to be set by Council resolution. Such license shall maintain the original expiration date.

7. It shall be a violation of this chapter for any person to sell or transfer ownership of any pet without a pet license. The King County Animal Control Authority shall be notified of the name, address, and telephone number of the new owner by the person who sold or transferred the pet.

C. Fees Collected. All fees and fines collected under this chapter shall be deposited in the County current expense fund.

D. Checks. It shall be a violation of this chapter for any person to knowingly issue a check for which funds are insufficient or to stop payment on any check written in payment of fees contained in this chapter. Any license(s) or penalties paid for with such checks are, in the case of the license, invalid; and in the case of the penalty, still outstanding. Costs incurred by the County in collecting checks of this nature shall be considered a cost of abatement and are personal obligations of the animal owner according to this chapter. (Ord. 1704 § 2, 1992: Ord. 1408 § 3, 1988: Ord. 1371 § 1 (part), 1987).

7.04.033 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 determined by resolution of the City 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 determined in this section. 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. 1704 § 3, 1992).

7.04.040 Dog and cat licenses – Fees.

(Repealed by Ord. 1704.) (Ord. 1480 § 14(A), 1989: Ord. 1408 § 4, 1988; Ord. 1371 § 1 (part), 1987).

7.04.050 Penalty.

1. A late penalty established by city council resolution shall be charged on all pet license applications.

2. No late penalty shall be charged on new license applications if:

a. The owner submits proof of purchase or acquisition of the animal within the preceding thirty (30) days; or

b. The owner has moved into the city within the preceding thirty (30) days; or

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

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

e. The owner submits other proof of purchase or acquisition deemed acceptable in the section’s administrative rules and regulations. (Ord. 1704 § 5, 1992: Ord. 1480 § 14 (B), 1989; Ord. 1371 § 1 (part), 1987).

7.04.060 Dog and cat license exemptions.

The provisions of this section shall not apply to dogs or cats in the custody of a veterinarian, or animal shelter or animal rescuer, or whose owners are nonresidents temporarily within the city for a period not exceeding thirty days. Also, when a blind person, physically disabled person or hearing impaired person requests that no fee be charged to license his/her guide dog, or service dog, no fee shall be charged. (Ord. 1704 § 6, 1992: Ord. 1449 § 1, 1989: Ord. 1371 § 1 (part), 1987).

7.04.070 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. The fee shall be established by council resolution and 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 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 Redmond/King County, Washington, 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. 1704 § 7, 1992: Ord. 1480 § 14(C), 1989: Ord. 1371 § 1 (part), 1987).

7.04.080 Shelter or 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 Planning Department 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 special development permit has been issued for the intended use. (Ord. 1704 § 8, 1992: Ord. 1442 § 7, 1988: Ord. 1371 § 1 (part), 1987).

7.04.090 Shelter, kennel, grooming service, etc.

– 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 from the Seattle-King County health department or King County Animal Control Section must be issued showing that the animal shelter, cattery, pet shop, grooming service or kennel is in compliance with Sections 7.04.110 through 7.04.130 of this chapter. (Ord. 1704 § 9, 1992: Ord. 1371 § 1 (part), 1987).

7.04.100 Hobby kennel or hobby cattery license – Required.

A. License Required. 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 city council resolution. In addition, each animal shall be licensed individually under provisions of this chapter.

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 twenty-five where the lot area contains five acres or more; the maximum number shall not exceed ten where the lot area contains thirty-five thousand square feet but less than five acres; and the maximum number shall not exceed five where the lot area is less than thirty-five thousand square feet;

4. The facility specifications/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. Limit on Reproduction. 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;

D. Requirements – Hobby Kennels and Hobby Catteries.

1. All open run areas shall be completely surrounded by a six-foot fence set back at least twenty feet from all property lines; provided 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 twenty 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. (The hobby kennel shall not have signs, displays or other visual representations not already permitted in the zone.);

3. The director may require setback, additional setback, fencing, screening or soundproofing as she or he deems necessary to insure 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/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/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.

E. Immunization. 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.

F. License Issuance and Maintenance. Only when the director is satisfied that the requirements of this section 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 anytime, the hobby kennel or hobby cattery is maintained in such a manner as to:

1. Exceed the number of dogs and cats allowed at the hobby kennel by the animal control authority; or,

2. Fail to comply with any of the requirements of the animal control regulations of the City and/or the County.

G. Compliance. All hobby kennels shall comply with the provisions of this section.

H. 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 enactment of the ordinance codified in this chapter* or at the time they are contacted by an animal control officer, King County license inspector, or King County pet license canvasser.

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

2. The special hobby kennel license shall only be valid for those specific dogs and cats in the possession of the applicant at the time of issuance, and is intended to allow pet owners to possess animals beyond the limits imposed by Title 7 of the Redmond City Code until such time as the death or transfer of such animals reduces the number possessed to the legal limit set forth herein.

3. The Director of Animal Control may deny any application for a special hobby kennel license based on past animal control 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. 1704 § 10, 1992: Ord. 1480 § 14(D), 1989; Ord. 1371 § 1 (part), 1987).

*Code reviser’s note: Ord. 1704 was adopted Nov. 17, 1992.

7.04.110 Animal shelters, kennels, hobby kennels, catteries, hobby catteries, and pet shops requirements.

(a) 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(s) or cat(s) was given or sold.

(b) Inspection. It shall be the duty of the director or his agent of the Seattle-King County department of public health or the animal control authority or his/her designee to make or cause to be made such inspections of animal shelters, kennel, catteries, grooming services, and pet shops as may be necessary to insure compliance with Sections 7.04.110 through 7.04.130 of 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 making an inspection, any officer, agent or employee of the Seattle-King County Department of Public Health or the animal control authority or their designees at any reasonable time that admission is requested.

(c) Sanitary Compliance. It is unlawful to keep, use or maintain within the City of Redmond any animal shelter, kennel, cattery, grooming service or pet shop that is unsanitary, nauseous, foul or offensive, or in any way detrimental to public health and/or safety and not in compliance with Sections 7.04.110 through 7.04.130. Violations of this subsection may be cause for revocation or denial of such license.

(d) General Conditions. Animal shelters, hobby kennels, catteries, grooming services, and pet shops shall meet the following conditions:

1. Housing facilities shall be provided 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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 well animals.

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

8. 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.

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

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

11. Adequate care and feeding instructions must be given to each purchaser of an animal and must be in writing. (Ord. 1704 § 11, 1992: Ord. 1371 § 1 (part), 1987).

7.04.120 Facilities – Indoors.

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

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

2. 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;

3. 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;

4. 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;

5. Contain a drainage system which shall be connected to 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. (Ord. 1704 § 12, 1992: Ord. 1371 § 1 (part), 1987).

7.04.130 Facilities – Outdoors.

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

1. 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;

2. 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;

3. Be constructed with adequate walls or fences to contain the animals kept therein and to prevent entrance of other animals. (Ord. 1704 § 13, 1992: Ord. 1371 § 1 (part), 1987).

7.04.140 Grooming parlors – Conditions.

(a) Conditions. Grooming parlors shall:

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

(2) Provide such restraining straps for a dog or cat while it is being groomed so that such animal shall neither fall or be hanged;

(3) Sterilize all equipment after each dog or cat has been groomed;

(4) Not leave animals unattended before a dryer;

(5) Not prescribe a treatment or medicine that is the province of a licensed veterinarian as provided in RCW 18.92.010;

(6) Not put more than one animal in each cage;

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

(8) Hot and cold water must be conveniently available and a large sink or tub provided (minimum size twenty-four inches by eighteen inches by twelve inches);

(9) Toilet and handwashing facilities with hot and cold running water must be conveniently available for personnel employed;

(10) Only equipment necessary to the operation of the licensed establishment shall be kept or stored on the premises and shall only be stored in a sanitary or orderly manner;

(11) All cages, pens or kennels used for holding animals shall be kept in a clean and sanitary condition and must be disinfected on a routine basis. (Ord. 1704 § 14, 1992; Ord. 1480 § 14(E), 1989; Ord. 1371 § 1 (part), 1987).

7.04.150 Additional rules and regulations.

The Director of the Animal Control Authority 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, grooming parlors and guard dog purveyors, trainers and owners. Such rules and regulations may be enacted only after public hearing has been held for such purpose. Enforcement of these rules and regulations may be appealed to the county board of appeals. (Ord. 1371 § 1 (part), 1987).

7.04.152 Household pets.

(a) Types. Household pets include animals such as dogs, cats, hamsters, nonvenomous snakes, birds and rabbits. Mink, and both large and small domestic animals are excluded.

(b) Limitation. Each dwelling unit and the accompanying lot or common area is limited to three household pets plus one unweaned litter produced by any of the pets, provided, that this limitation shall not apply to gerbils, hamsters, birds and nonvenomous snakes.

(c) Shelter. Household pets shall be sheltered in the dwelling unit or in a suitable and clean structure located within the building setback lines of the accompanying lot. (Ord. 1442 § 3, 1988).

7.04.154 Beekeeping.

Beekeeping, where permitted, is subject to the following requirements:

(a) No more than four hives per lot shall be allowed in areas zoned R-l, R-2, or R-3, and no more than two hives per lot shall be allowed in areas zoned R-4, R-5 or R-6, provided, 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) Adequate space shall be maintained in the hives to prevent overcrowding and swarming.

(d) Colonies shall be requeened with a young hybrid queen annually, or as often as necessary to prevent any swarming or aggressive behavior.

(e) All colonies shall be registered with the Washington State Department of Agriculture in accordance with apiary law, RCW 15.60.030.

(f) Hives shall not be located within twenty-five 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 twenty feet from the hive along the property line in both directions.

(g) 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, as set forth in this chapter. (Ord. 1442 § 4, 1988).

7.04.156 Small domestic animals.

(a) Types. Small domestic animals (mammals and fowl) include rabbits, ducks, geese, swans, chickens and other similar animals. Mink, hogs, large domestic animals and household pets are excluded.

(b) Limitations. In residential districts, no more than ten small domestic animals may be kept on a minimum lot size of one-half acre. In A and G districts, there shall be no limit on the number of small domestic animals kept.

(c) Shelter. Small domestic animals shall be sheltered in a suitable, clean structure which shall be located at least thirty feet away from any property line.

(d) Confinement. Adequate measures shall be taken to prevent animals from straying onto adjacent property. (Ord. 1442 § 5, 1988).

7.04.158 Large domestic animals.

(a) Types. Large domestic animals include horses, cattle, sheep, goats, ponies, oxen and other similar size animals. Mink, household pets and small domestic animals are excluded.

(b) Shelter. Large domestic animals shall be sheltered in suitable, clean structures. Structures, confinement and feeding areas associated with large domestic animals shall be located at least thirty feet away from any property line.

(c) Limitations. The minimum land area required to maintain any large domestic animal shall be one acre, or the sum of the required land areas for each animal as listed below, whichever is greater:

(1) Cattle, pigs or oxen, one acre each;

(2) Horses or ponies, one-half acre each;

(3) Sheep, goats or llamas, one-quarter acre each; provided, that unweaned young will not be counted.

Example 1: The minimum land area required to maintain one goat and one horse shall be one acre. Though the sum of one-quarter acre for the goat, and one-half acre for the horse equals three-quarters acre, the minimum land area to house any large domestic animal is one acre.

Example 2: The minimum land area to maintain one pig, one horse and two sheep is two acres. This sum is reached by adding one acre for the pig, one-half acre for the horse and one-quarter acre for each of the two sheep.

(d) Confinement. Adequate measures shall be taken to prevent animals from straying onto adjacent property. See Section 20C.20.020 (15), Electric Fences and Section 20C.20.050 (20) Barbed Wire Fences in the Community Development Guide.

(e) Adequate measures shall be taken to properly dispose of animal wastes. Accumulation of animal waste shall be prohibited from being stored within the required thirty-foot animal shelter setback. (Ord. 1442 § 6, 1988).

7.04.160 License – Revocation, suspension or refusal to renew.

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; provided, however, the enforcement of such revocation, suspension or refusal shall be stayed during the pendency of an appeal filed pursuant to Section 7.04.260. (Ord. 1371 § 1 (part), 1987).

7.04.170 License revocation or refusal – Waiting period.

No applicant shall be issued an animal shelter, hobby kennel, kennel, grooming parlor, pet shop, guard dog purveyor, guard dog trainer license or guard dog registration who has previously had such license suspended or 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 Sections 7.04.110 through 7.04.130, or any other provision of this title to the satisfaction of the animal control authority. (Ord. 1371 § 1 (part), 1987).

7.04.180 Enforcement power.

(a) The Director of the Animal Control Authority and his authorized animal control officers and city law enforcement officers are authorized to take such lawful action as may be required to enforce the provisions of this chapter and the laws of the state as they pertain to animal cruelty, shelter, welfare and enforcement control.

(b) The Director of Animal Control Authority or his authorized animal control officer and city law enforcement officers shall not enter a building designated for and used for private purposes, unless a proper warrant has first been issued upon a showing that the officer has reasonable cause to believe an animal is being maintained in the building in violation of this chapter; provided, that the Director of the Animal Control Authority and his authorized animal control officers and city law enforcement officers, while pursuing any animal observed by the officer to be in violation of this chapter, may enter upon 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 any 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 his authorized animal control officer or city law enforcement officer to enter private property to perform any duty imposed by this chapter. Any person found guilty of violating this subsection shall be punished in accordance with Section 1.01.110. (Ord. 1371 § 1 (part), 1987).

7.04.190 Violations – Abatement and removal authority.

(a) Whenever the director or authorized animal control officer has found an animal maintained in violation of this title, the Director of the Animal Control Authority shall commence proceedings to cause the abatement of each violation, provided that the abatement and removal procedures of this section shall not apply to the vicious animal or dangerous dog removal procedures contained in this chapter.

(b) Any animal constituting a public nuisance as provided in this chapter shall be abated and removed from the city by the owner or by the Director of the Animal Control Authority, or his authorized animal control officer, upon receipt of three notices and orders of violation by the owner in any one-year period. Where it is established by record pursuant to this chapter and no finding was entered showing that the owner will be able to provide reasonable restraints to protect the public from repetitions of violations, the Director of the Animal Control Authority shall notify and direct the owner of the animal to abate or remove the same from the city and county within ninety-six hours from the date of notice. If such animal is found to be within the confines of the city after ninety-six hours have elapsed from the date of notice, the same shall be abated and removed by the Director of the Animal Control Authority. Animals removed pursuant to the provisions of this section shall be removed from the city or be subjected to euthanasia by the animal control authority.

(c) Any dog or other animal which bites, attacks, or attempts to bite one or more persons two or more times within a two-year period is declared to be a public nuisance and shall not be kept within the city forty-eight hours after receiving written notice from the director, or his authorized animal control officer. Such animal or animals found in violation of this section will be impounded and disposed of as an unredeemed animal, and the owner or keeper of such animal(s) has no right to redeem such dog or animal. (Ord. 1408 § 5, 1988: Ord. 1371 § 1 (part), 1987).

7.04.200 Nuisances defined – Violations to be abated.

For purposes of this chapter, nuisances are violations of this chapter and shall be defined as follows:

(1) Any public nuisance relating to animal control known at common law or in equity jurisprudence;

(2) Any dog running at large within the city;

(3) 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. Provided, however, that this section shall not apply to any blind person using a trained seeing-eye dog, to animal shows, exhibitions or organized dog-training classes where at least twenty-four hours’ advance notice has been given to the animal control authority by such persons requesting to hold such animal shows, exhibitions or dog-training classes;

(4) Any animal which enters any place where food is stored, prepared, served or sold to the public, or any other public building or hall. Provided, however, that this section shall not apply to any blind person using a trained seeing-eye dog, to veterinary offices or hospitals, or to animal shows, exhibitions or organized dog-training classes where at least twenty-four hours’ advance notice has been given to the animal control authority by such persons requesting to hold such animal shows, exhibitions or dog-training classes;

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

(6) Any domesticated animal which chases, runs after or jumps at vehicles using the public streets and alleys;

(7) 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;

(8) Any animal which has exhibited vicious propensities and which constitutes a danger to the safety of persons or property off his premises or lawfully on his premises; provided, that in addition to other remedies and penalties, the provisions of this title relating to vicious animals and dangerous dogs shall apply;

(9) A vicious animal or animal with vicious propensities which runs at large at any time, or such an animal off the owner’s premises not securely leashed on a line or confined and in the control of a person of suitable age and discretion to control or restrain such an animal; provided, however, that, in addition to other remedies and penalties, the provisions of this chapter relating to vicious animals shall apply;

(10) Any domesticated animal which howls, yelps, whines, barks or makes other oral noises, in such a manner as to disturb any person or neighborhood to an unreasonable degree;

(11) Any domesticated animal which enters upon another person’s property without the permission of that person;

(12) Animals staked, tethered or kept on public property without prior written consent of the animal control authority;

(13) Animals on any public property or not under the control by the owner or other competent person;

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

(15) Animals running in packs. (Ord. 1408 § 6, 1988; Ord. 1371 § 1 (part), 1987).

7.04.210 Impounding.

(a) The director of the animal control authority and his/her authorized representatives may apprehend any animals found doing any of the acts defined as a public nuisance and/or being subjected to cruel treatment as defined by this chapter. After such animals are apprehended, the animal control authority shall ascertain whether they are licensed, or otherwise identifiable. If reasonably possible, the animal control authority shall return the animal to the owner together with a notice of violation of this chapter. If it is not reasonably possible to immediately return a currently licensed animal to its owner, the animal control authority shall notify the owner within a reasonable time by regular mail or telephone that the animal has been impounded and may be redeemed.

(b) Any currently licensed animal impounded pursuant to this chapter shall be held for the owner at least one hundred twenty hours, after telephone contact by the impounding agency or for at least two weeks after posting of the notification of impoundment by regular mail; any other animal impounded pursuant to this chapter shall be held for its owner at least seventy-two hours from the time of impoundment. The animal control authority shall not sell any animals to research institutes or licensed dealers for research purposes.

(c) Injured or Diseased Animals. Any animal suffering from serious injury or disease may be humanely destroyed, or, in the discretion of the impounding authority, may be held for a longer period and redeemed by any person on payment of charges not exceeding those prescribed herein.

(d) Any animal not redeemed shall be treated in one of the following ways:

1. Made available for adoption at a fee set by City Council resolution.

a. Any person may adopt an animal impounded pursuant to the provisions contained in this chapter when all billable costs, redemption fees, penalties, and boarding costs incurred in such impoundment are made payable to the King County Finance Director, which may be accepted by the animal control authority acting as agent for the County.

All dogs and cats over the age of six months adopted from the King County animal shelter shall be spayed or neutered prior to adoption. A spay/neuter deposit shall be charged for dogs and cats under the age of six months which are too young to be spayed/neutered prior to adoption. This deposit will be returned to the adopting person upon submission of proof that the sterilization was performed within six months from the date of adoption. Failure to spay/neuter such dog or cat is a violation of this chapter and a breach of the adoption contract and will result in the forfeiture of the adoption and return of the dog or cat to King County Animal Control for the required spaying/neutering.

b. The director shall have the authority to set administrative rules regarding the adoption of animals from King County shelters.

2. Humanely destroyed by euthanasia.

(e) The Animal Control authority shall not sell any animals for the purposes of medical research to any research institute or any other purchasers.

(f) Any unaltered dog or cat impounded more than once shall be spayed or neutered either by the animal control authority prior to the release of the dog or cat, or at the request of the owner, by the owner of the dog or cat, provided the owner agrees to pay a cash deposit of $250.00 and provide proof of neutering or spaying on a form provided by the animal control authority. In order for the deposit to be refunded to the owner, the form must be certified by a licensed veterinarian within five days of release of the dog or cat to the owner. If proof of neutering or spaying is not provided within five days, the animal control authority will have the right to again impound the dog or cat to ensure that it is spayed or neutered. If the dog or cat is spayed or neutered by the animal control authority, the cost of the spay or neuter shall be charged to the owner upon redemption but shall be deducted from the impound/redemption fees otherwise required under this chapter. (Ord. 1990 § 1, 1998; Ord. 1878 § 1, 1996; Ord. 1704 § 15, 1992: Ord. 1408 § 7, 1988; Ord. 1371 § 1 (part), 1987).

7.04.220 Redemption procedures.

Any animal impounded pursuant to the provisions of 7.04.210 may be redeemed upon payment of the redemption fee as provided by city council resolution. Owners of impounded licensed dogs or cats shall not be charged a redemption fee on the first offense, but shall be charged on the second offense at the second offense rate. An additional fee set by city council resolution shall be assessed for each twenty-four hour period, or portion thereof, during which such dog or cat is retained by the impounding agency which shall be payable to the county treasurer. The redemption fee for livestock shall be in an amount set by council resolution, plus any hauling or boarding costs due. Livestock not redeemed may be sold at public auction by the impounding agency. The hauling and boarding costs for livestock impounded shall be in accordance with the rate established by contract with the county and the given stockyard used for holding such animals. (Ord. 1704 § 16, 1992: Ord. 1371 § 1 (part), 1987).

7.04.225 Waiver of fees and penalties.

(a) The director has the authority to waive licensing fees, late licensing penalty fees, and redemption and sheltering fees, in whole or in part, when to do so would further the goals of the animal control section and be in the public interest.

(b) In determining whether a waiver should apply, the director must take into consideration the following elements:

(1) The reason the animal was impounded;

(2) The reason or basis for the violation, the nature of the violation, the duration of the violation, and the likelihood the violation will not recur;

(3) The total amount of the fees charged as compared with the gravity of the violation;

(4) The effect on the owner, the animal’s welfare and the animal control section if the fee(s) or penalties are not waived and no payment is received. (Ord. 1408 § 8, 1988).

7.04.230 Cruelty violations declared unlawful.

It is unlawful for any person to:

(1) Wilfully and cruelly injure or kill any animal by any means causing it fright and pain;

(2) By reason of neglect or intent to cause or allow any animal to endure pain, suffering or injury or to fail or neglect to aid or attempt alleviation of pain, suffering or injury he has so caused to any animal;

(3) Lay out or expose any kind of poison, or to leave exposed any poison food or drink for man, animal or fowl, or any substance or fluid whatsoever, whereon or wherein there is or shall be deposited or mingled, any kind of poison or poisonous or deadly substance or fluid whatever, on any premises, or in any unenclosed place, or to aid or abet any person

in so doing, unless in accordance with RCW 16.52.190; or

(4) Abandon any domestic animal by dropping off or leaving such animal on the street, road or highway, or in any other public place, or on the private property of another. (Ord. 1371 § 1 (part), 1987).

7.04.235 Sale of unaltered pet.

It is a violation of this chapter to sell or give away unaltered dogs and cats in any public places or to auction off or raffle unaltered dogs and cats as prizes or gifts. (Ord. 1704 § 17, 1992)

7.04.240 Abatement – Commencement, notice and order, service standards.

(a) Whenever the director or authorized animal control officer has found an animal maintained in violation of this chapter, the Director of the Animal Control Authority shall commence proceedings to cause the abatement of each violation.

(b) The director or authorized animal control officer shall issue a notice and order directed to the owner or the person presumed to be the owner of the animal maintained in violation of this chapter. The notice and order shall contain:

(1) The name and address, if known, of the owner or person presumed to be the owner of the animal in violation of this chapter;

(2) The license number, if available, and description of the animal in violation sufficient for identification;

(3) A statement that the director or authorized animal control officer has found the animal maintained illegally with a brief and concise description of the conditions, found to render the animal in violation of this chapter;

(4) A statement of the action required to be taken as determined by the Director of the Animal Control Authority:

(A) If the director has determined the animal must be abated, the order shall require the abatement be completed within a time certain from the date of the order as determined by the director to be reasonable;

(B) If the Director of the Animal Control Authority has determined to assess a civil penalty, the order shall require that the penalty shall be paid within fourteen days from the date of the order;

(5) Statements advising that if any required abatement is not commenced within the time specified, the Director of the Animal Control Authority will proceed to cause abatement and charge the costs thereof against the owner;

(6) Statements advising:

(A) That a person having a legal interest in the animal may appeal from the notice and order or any action of the Director of the Animal Control Authority to the board of appeals; provided, the appeal is made in writing as provided in this chapter, and filed with the Director of the Animal Control Authority within fourteen days from the date of service of such notice and order; and

(B) That failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.

(c) The notice and order shall be served on the owner or presumed owner of the animal in violation.

(d) Service of the notice and order shall be made upon all persons entitled thereto either personally, by mailing a copy of such notice of violation and order by certified mail, postage prepaid, return receipt requested to the person at his/her last known address, or by posting the notice of violation and order on the front door of the living unit of the owner or person with right to control the animal if said owner or person is not home.

(e) Proof of service of the notice and order shall be made at the time of service by written declaration under penalty of perjury by the person effecting service, declaring the time, date and manner in which service was made.

(f) The standards of this chapter shall be followed by the Director of the Animal Control Authority in determining the existence of an animal control violation and in determining the abatement action required. (Ord. 1704 § 18, 1992; Ord. 1371 § 1 (part), 1987).

7.04.250 Appeal – Authority.

The King County board of appeals, as established by Article 7 of the King County Charter, is designated to hear appeals by parties aggrieved by actions of the Director of the Animal Control Authority pursuant to this chapter. All decisions and findings of the board shall be rendered to the appellant with a copy to the Director of the Animal Control Authority. (Ord. 1371 § 1 (part), 1987).

7.04.260 Appeal – Form.

Any person entitled to service or notice under Section 7.04.190 or Section 7.04.240 may appeal from any notice and order or any action of the Director of the Animal Control Authority under this chapter by filing at the office of the Director of the Animal Control Authority within fourteen days from the date of the service of such order or within forty-eight hours of a notice under Section 7.04.190(b) a written appeal containing:

(1) A heading in the words: "Before the Board of Appeals of the County of King";

(2) A caption reading: "Appeal of" giving the names of all appellants participating in the appeal;

(3) A brief statement setting forth the legal interest of each of the appellants in the animal involved in the notice and order;

(4) A brief statement in concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;

(5) A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside;

(6) The signatures of all parties named as appellants, and their official mailing addresses; and

(7) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. (Ord. 1371 § 1 (part), 1987).

7.04.270 Appeal – Scheduling.

The board of appeals shall set a time and place, not more than thirty days from such notice of appeal for hearing thereon. Written notice of the time and place of hearing shall be given at least ten days prior to the date of the hearing to each appellant by the manager-clerk of the board. (Ord. 1371 § 1 (part), 1987).

7.04.280 Appeal – Appellant action.

At the hearing the appellant shall be entitled to appear in person and be represented by counsel and offer such evidence pertinent and material to the action of the director. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered. (Ord. 1371 § 1 (part), 1987).

7.04.290 Failure to file.

Failure of any person to file an appeal in accordance with Section 7.04.260 shall constitute a waiver of the right to an administrative hearing. (Ord. 1371 § 1 (part), 1987).

7.04.300 Stay of enforcement.

Enforcement of any notice and order of the Director of the Animal Control Authority issued under this chapter shall be stayed during the pending of an appeal except impoundment of an animal which is (a) vicious or dangerous, or (b) cruelly treated. (Ord. 1371 § 1 (part), 1987).

7.04.310 Criminal penalty.

Unless otherwise provided, any person who violates the provisions of this chapter, and the violation does not constitute a felony offense under the provisions of Chapter 16.08 RCW, shall be guilty of a misdemeanor punishable by a fine of not more than $250 and/or imprisonment for a term not to exceed 90 days. (Ord. 1704 § 19, 1992: Ord. 1408 § 11, 1988: Ord. 1371 § 1 (part), 1987).

7.04.320 Civil penalty.

In addition to any other penalty in this code or by law, any person whose animal is in violation of this chapter shall incur a civil penalty in an amount not to exceed $1,000 per violation to be directly assessed by the director, plus actual costs incurred by the animal control authority. The director in a reasonable manner may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the nature and type of violation; the gravity of the violation; the number of past and present violations committed and the good faith of the violator in attempting to achieve compliance with prescribed requirements or after notification of a violation. All civil penalties assessed will be enforced and collected in accordance with the procedure specified in this chapter. (Ord. 1704 § 20, 1992: Ord. 1371 § 1 (part), 1987).

7.04.330 Nuisances.

(a) Vicious Animals. An animal, declared by the director to be vicious pursuant to the definition in this chapter, may be kept, harbored or maintained in the city only upon compliance with those requirements prescribed by the director.

(1) In prescribing those requirements, the director must take into consideration the following factors:

(A) The breed of the animal and its characteristics;

(B) The physical size of the animal;

(C) The number of animals in the owner’s home;

(D) The zoning involved; size of the lot where the animal resides; the number and proximity of neighbors;

(E) The existing control factors, including but not limited to, fencing, caging, runs and staking locations;

(F) The nature of the behavior giving rise to the director’s determination that the animal is vicious:

(i) Extent of the injury(ies),

(ii) Circumstances, e.g., time of day, on/off property, provocation instinct,

(iii) Circumstances surrounding the result and complaint, e.g., neighborhood disputes, identification, credibility of complainants and witnesses.

(2) Requirements which may be prescribed include, but are not limited to the following:

(A) Erection of additional or new fencing adequate to keep the animal within the confines of its property;

(B) Construction of a run within which the animal is to be kept. Dimensions of the run will be consistent with the size of the animal;

(C) Keeping the animal on a leash adequate to control the animal, the length and location to be determined by the director. When unattended the leash must be securely fastened to a secure object;

(D) Maintenance of the animal indoors at all times, except when personally controlled on a leash adequate to control the animal by the owner or a competent person at least fifteen years of age;

(E) Removal of the animal from the city within forty-eight hours from the receipt of such notice.

(b) Penalty. Failure to comply with any requirement prescribed by the director pursuant to this section constitutes a misdemeanor and the penalty contained in Section 1.01.110 shall apply. The animal shall not be kept in the city forty-eight hours after receiving written notice from the director. The animal or animals found in violation of this section will be impounded and disposed of as an unredeemed animal, and the owner or keeper of the animal(s) has no right to redeem such animal or animals. (Ord. 1408 § 9, 1988; Ord. 1371 § 1 (part), 1987).

7.04.335 Dangerous dogs – Registration, prohibitions, etc.

(a) It is unlawful for an owner to have a dangerous dog in the city without a "Certificate of Registration" as required by chapter 16.08 RCW.

(b) It is unlawful for an owner of a dangerous dog to permit the dog to be outside the "proper enclosure" as defined in chapter 16.08 RCW, unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal. The owner of a dangerous dog shall further be required to post the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog.

(c) Any dog shall be immediately confiscated by the animal control authority if (1) the dog is not validly registered under chapter 16.08 RCW; (2) the owner does not secure the liability insurance coverage required by chapter 16.08 RCW; (3) the dog is not maintained in the proper enclosure; or (4) the dog is outside of the dwelling of the owner or outside of the property enclosure and not under physical restraint of the responsible person. Any dangerous dog confiscated under this section will be disposed of as a unredeemed animal and the owner has no right to redeem such dog. In addition, the owner shall be guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021. (Ord. 1408 § 10, 1988).

7.04.340 Personal obligations.

The civil penalty and the cost of abatement are also personal obligations of the animal owner. The City Attorney on behalf of the City or Prosecuting Attorney on behalf of the county may collect the civil penalty and the abatement work costs by use of all appropriate legal remedies. (Ord. 1371 § 1 (part), 1987).

7.04.350 Costs of enforcement action.

In addition to costs and disbursements provided for by statute, the prevailing party in a collection action under this chapter may, in the court’s discretion, be allowed interest and reasonable attorneys’ fees on behalf of the city or King County when the city or the county is the prevailing party. (Ord. 1371 § 1 (part), 1987).

7.04.360 Additional enforcement.

Notwithstanding the existence or use of any other remedy, the Director of the Animal Control Authority may seek legal or equitable relief to enjoin any acts or practices and abate any conditions which constitute a violation of this code or other regulations herein adopted. (Ord. 1371 § 1 (part), 1987).

7.04.370 Contract with county.

The Mayor and the City Clerk are authorized and empowered to execute a contract or contracts with King County to collect license and other fees and costs and to enforce the provisions of this chapter on behalf of the city. (Ord. 1371 § 1 (part), 1987).

7.04.400 Mandatory spaying and neutering.

A. No person shall own or harbor any cat or dog over the age of six months that has not been spayed or neutered unless the person holds an unaltered animal license for the animal pursuant to Section 7.04.030.

B. Guide dog puppies in training and police service dogs are exempted from the provisions of this section.

C. Any dog or cat over the age of six months adopted from an animal shelter in the city shall be spayed or neutered before transfer to the owner. (Ord. 1704 § 21, 1992).

7.04.410 Spay/neuter vouchers.

When issuing a license for an unaltered pet the animal control authority shall also provide to the applicant a voucher with a value not to exceed twenty-five dollars for the payment of all or part of the cost of a spay or neuter operation by a licensed veterinarian on such pet. The animal control authority shall compile, maintain and make available to the public a list of veterinarians who accept such vouchers as full or partial payment for spay or neuter operations. Spay/neuter vouchers shall be redeemed through the King County office of finance by veterinarians who have performed a spay or neuter operation on a pet licensed in the City as an unaltered pet. (Ord. 1704 § 22, 1992).

7.04.500 Euthanasia rate targets.

A. It shall be the policy of the City of Redmond that the following maximum euthanasia rate targets are used to measure the progress towards reducing the rates of unwanted, healthy pet cats and dogs destroyed by the animal control authority and/or its designees. The euthanasia rates shall not include animals that are destroyed because they are feral, medically or temperamentally unsuitable for adoption or have been released by their owners for owner-requested euthanasia. The computation of the euthanasia rates shall be based on a population

which is defined as all of King County, except the City of Seattle.

1. The number of healthy dogs and cats destroyed by King County Animal Control and its designees exceeds 11 cats per 1,000 persons living in the county and 6.6 dogs per 1,000 persons living in the county for any given year ending December 31st, or

2. The number of healthy dogs and cats destroyed by King County Animal Control or its designees exceeds 5.5 cats per 1,000 persons living in the county and 3.3 dogs per 1,000 persons living in the county for the year ending December 31, 1996, or

3. The number of healthy dogs and cats destroyed by King County Animal Control or its designees exceeds 1.7 cats per 1,000 persons living in the county and 1.0 dogs per 1,000 persons living in the county for the year ending December 31, 2000.

B. The animal control authority shall report annually to the council about the number of unwanted, healthy pets destroyed and what additional measures or programs might be recommended for council approval to reduce the euthanasia rates. (Ord. 1704 § 23, 1992).

7.04.510 Advertisement of unaltered pet.

No person within the city shall publish or advertise to King County residents the availability of any unaltered cat or dog unless the publication or advertisement includes: the unaltered animal’s license number or the animal’s juvenile license number, provided, however that nothing in this chapter shall prohibit licensed breeders from advertising in national publications for sale of a planned litter or litters. (Ord. 1704 § 24, 1992).

7.04.520 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. 1704 § 25, 1992).

7.04.530 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 United States Code 2131 et. seq. (Ord. 1704 § 26, 1992).

7.04.540 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. 1704 § 27, 1992).

7.04.550 Monitoring.

The animal control authority shall report to the City Council no later than twelve months from the adoption of this ordinance* and annually thereafter, on the number of pets adopted, the number of animals euthanized, an estimate of the number of pets killed annually due to abandonment, the number and type of pet licenses issued, and the number of spay/neuter vouchers issued and redeemed. (Ord. 1704 § 28, 1992).

* Code reviser’s note: Ord. 1704 was adopted Nov. 17, 1992.

7.04.600 King County chapters adopted by reference.

The following chapters of the King County Code are hereby adopted by reference:

Chapter 11.12 Rabies control

Chapter 11.20 Disposition of fowl and rabbits

Chapter 11.24 Stock restricted area

Chapter 11.28 Exotic animals

Chapter 11.32 Guard dogs(Ord. 1704 § 26, 1992).

Chapter 7.08
DISPLAY OF WILD OR EXOTIC ANIMALS*

Sections:

7.08.010 Intent.

7.08.020 Definitions.

7.08.030 Display prohibited.

7.08.040 Violation – Penalties.

7.08.050 Exception.

*This chapter was originally entitled "Livestock at Large" and was repealed by Ord. 1704. Prior legislation: Ords. 33, 1480 § 14(F). See Section 7.04.600 for related animal provisions.

7.08.010 Intent.

It is the intent of this chapter to control hazards to the physical and mental health of the public and to promote the protection of animals by prohibiting the display of wild or exotic animals for public entertainment or amusement in the City of Redmond. (Ord. 2035 § 1 (part), 1999).

7.08.020 Definitions.

As used in this chapter, the following terms have the meanings set forth below:

A. "Display" means to undertake any exhibition, act, circus, public show, trade show, photographic opportunity, carnival, ride, parade, petting zoo, race, performance or similar undertaking in which animals are required to perform tricks, fight or participate in performances for the amusement or entertainment of an audience. Display shall not include the use or exhibition of animals for educational purposes by institutions that are accredited by the American Zoological Association, or by the Association of Sanctuaries. "Displayed" means to be the subject thereof.

B. "Wild or exotic animal" means any or all of the following animals, whether bred in the wild or in captivity, and also any or all of their hybrids with domestic species. It is not the intent of this section to include domesticated species such as horses, cows, sheep, or llamas with the animals listed below. The words in parentheses are intended to act as examples only and are not to be construed as being an exhaustive list or to otherwise limit the generality of each group of animals.

1. Non-human primates and prosimians (such as chimpanzees, monkeys);

2. Felids, except domesticated cats;

3. Canids, including wolf hybrids and except domesticated dogs;

4. Ursids (bears);

5. Elephants;

6. Marine mammals (such as seals, sea lions, dolphins, otters);

7. Crocodilians (such as alligators and crocodiles);

8. Marsupials (such as kangaroos and opossums);

9. Snakes and reptiles;

10. Ungulates (such as hippopotamus, rhinoceros, giraffe, camel, zebra, deer);

11. Hyenas;

12. Mustelids (such as skunks, weasels, otters and badgers);

13. Procyonids (such as raccoons and coatis);

14. Endentates (such as anteaters, sloths and armadillos);

15. Viverrids (such as mongooses, civets, and genets);

16. Camels; and

17. Cetaceans.

C. "Person" means any individual, partnership, corporation, joint venture, association, trust, estate or any other legal entity and any officer, member, shareholder, director, employee, agent or representative of same. (Ord. 2035 § 1 (part), 1999).

7.08.030 Display prohibited.

No person may display or sponsor a display of wild or exotic animals on any public or private property within the City of Redmond. (Ord. 2035 § 1 (part), 1999).

7.08.040 Violation – Penalties.

This chapter shall be enforced as provided in Chapter 1.14 of the Redmond Municipal Code, provided that the criminal penalties set forth in that chapter shall not apply. Any person displaying or sponsoring a display of wild or exotic animals in violation of this chapter shall instead have committed a civil infraction and shall be assessed a monetary penalty as provided in Subsection 1.14.060(b) of the Redmond Municipal Code. (Ord. 2035 § 1 (part), 1999).

7.08.050 Exception.

The provisions of this chapter shall not apply to the display of wild or exotic animals by American Zoological Association (AZA) accredited institutions, or by the Association of Sanctuaries. (Ord. 2035 § 1 (part), 1999)

Chapter 7.12
HORSES AND MULES
(Repealed by Ord. 1704)

*Prior legislation: Ords. 8, 1480 § 15. See Section 7.04.600 for related animal provisions.