Chapter 6.15
DOG BREEDING PRACTICES

Sections:

6.15.010    Definitions.

6.15.020    Breeding practices.

6.15.030    Enforcement - Penalties.

6.15.010 Definitions.

For the purposes of this section, the following definitions apply, unless the context clearly requires otherwise:

(1) “Dog” means any member of Canis lupus familiaris.

(2) “Retail pet store” means a commercial establishment that engages in a for-profit business of selling at retail cats, dogs, or other animals to be kept as household pets and is regulated by the United States Department of Agriculture.

(3) “Kennel” means any premises used to breed, buy, sell, or board dogs for revenue, or any premises at which 10 or more dogs with intact sex organs and over the age of six months are kept for any purpose, except public animal shelters, animal hospitals, and buildings used by a veterinarian [except those used for boarding].

(4) “Property” means a lot, parcel, plot, or land, or contiguous lots, parcels, plots, and land, in which a person has a legal interest.

(5) “Keep” means the providing of shelter, care, protection, or nourishment for the purpose of preserving a dog.

(6) “Owner” means any person having an interest in or right of possession to an animal.

(7) “Person” means any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity.

(8) “Primary enclosure” means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, crate or hutch, where the animal or animals reside until their sale, transfer, or other disposition.

(9) “Housing facility” means any room, land, building, trailer, or other structure used to contain a primary enclosure or enclosures.

(10) “Boarding facility” means any business or entity, however named, that advertises, announces, or maintains facilities for the express or implied purpose of temporarily taking custody, possession, or assuming general responsibility for the safety, accommodation, care, or feeding of a dog for a fee at property other than the animal’s normal place of residence.

(11) “Grooming facility” means any business or entity, however named, that provides services related to the appearance and cleanliness of a dog that do not include an overnight stay at the facility.

(12) “Nonprofit” means an entity organized under Section 501(c)(3) through (10) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 501(c)) that is exempt from tax under Section 501(a) of the code. [Ord. 1214 §1, 2010]

6.15.020 Breeding practices.

(1) Restriction by Individual. At any time, a person may not own, possess, control, or otherwise have charge or custody of more than 50 dogs with intact sexual organs over the age of six months.

(2) Restriction by Property - Variance.

(a) A person or persons shall not house or keep more than 50 dogs with intact sexual organs over the age of six months on the same property regardless of who owns, controls, possesses or has charge of the dogs.

(b) Variance. The hearing examiner shall have authority to grant a variance from the provisions of this subsection when, in the opinion of the hearing examiner, application of this subsection would be inconsistent with the purpose and intent of this chapter; provided, that no variance shall be granted which authorizes a use which is in violation of subsection (1) of this section.

(i) Application Procedures. Any application for a variance shall be submitted to the Lewis County hearing examiner in the same manner as appeals are submitted according to LCC 2.25.130, except that the application shall also contain the following information:

(A) The name and notarized signature, address, and phone number of the legal owner of subject property;

(B) The parcel number of the property;

(C) A narrative statement describing how the requested variance conforms to the standards in subsection (2)(b)(ii) of this section; and

(D) The number of dogs with intact sexual organs over the age of six months kept on the property.

(ii) Department of Health Review. As a mandatory condition of application for a variance, an applicant shall permit the Lewis County animal control authority, or the authority’s designee, to enter and observe the property on which the dogs are kept or housed. The authority shall give 24 hours’ notice of the inspection. The authority shall provide either a written or verbal report of his or her observations to the hearing examiner at least one week prior to the date of the hearing.

(iii) Standards of Review. After receiving the animal control authority’s report and holding a hearing on the matter, the hearing examiner shall grant a variance if the examiner finds that:

(A) More than one person has ownership, control, charge, or custody of the dogs, six months or older, with intact sexual organs on the property; and

(B) The keeping or housing of more than 50 dogs on the property will not harm the health or wellbeing of any of the dogs, or create any of the conditions listed in subsection (3) of this section; and

(C) Granting a variance will not be contrary to the public interest or be injurious to other persons residing in the vicinity; and

(D) The size of the property does not limit the ability of the dogs to receive adequate exercise and proper shelter.

(iv) Public Hearing and Notification. The hearing examiner shall hold a public hearing on all variance requests. Notification of such hearing and the procedures for conducting the hearing shall be pursuant to the provisions of Chapter 2.25 LCC.

(v) Conditions of Approval. Upon granting a variance, the hearing examiner shall specify the maximum number of dogs with intact sexual organs that each person may own, possess, control or assert custody over on the property, and any other reasonable conditions that the hearing examiner may deem necessary to effectuate the purposes of this chapter.

(vi) Per Person Restriction. Under no circumstances shall the hearing examiner grant a variance to allow a person to own, possess, control, or otherwise have charge or custody of more than 50 dogs with intact sexual organs over the age of six months.

(vii) All enforcement or penalty actions shall be stayed while a person is seeking a variance under this section.

(3) Kennel Conditions. If more than 10 dogs with intact sexual organs over the age of six months are kept on the same property in enclosures for the majority of the day, the persons owning, possessing or controlling the dogs must at a minimum:

(a) Provide space to allow each dog to turn about freely, to stand, sit, and lie down. Each dog must be able to lie down while fully extended without the dog’s head, tail, legs, face, or feet touching any side of an enclosure and without touching any other dog in the enclosure when all dogs are lying down simultaneously. The interior height of the enclosure must be at least six inches higher than the head of the tallest dog that lives in the enclosure when the dog is in a normal standing position. Each enclosure must be at least three times the length and width of the longest dog that lives in the enclosure, from tip of nose to base of tail and shoulder blade to shoulder blade.

(b) Provide each dog that is over the age of four months with a minimum of one exercise period during each day for a total of not less than one hour of exercise during such day. Such exercise must include either leash walking or giving the dog access to an enclosure at least four times the size of the minimum allowable enclosure specified in subsection (3)(a) of this section allowing the dog free mobility for the entire exercise period, but may not include use of a cat mill, jenny mill, slat mill, or similar device, unless prescribed by a doctor of veterinary medicine. The exercise requirements in this subsection do not apply to a dog certified by a doctor of veterinary medicine as being medically precluded from exercise.

(c) Maintain adequate housing facilities and primary enclosures that meet the following requirements at a minimum:

(i) Housing facilities and primary enclosures must be kept in a sanitary condition. Housing facilities where dogs are kept must be sufficiently ventilated at all times to minimize odors, drafts, ammonia levels, and to prevent moisture condensation. Housing facilities must have a means of fire suppression, such as functioning fire extinguishers, on the premises and must have sufficient lighting to allow observation of the dogs at any time of day or night;

(ii) Housing facilities must enable all dogs to remain dry and clean;

(iii) Housing facilities must provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to the dogs;

(iv) Housing facilities must provide sufficient shade to shelter all the dogs housed in the primary enclosure at one time;

(v) A primary enclosure must have floors that are constructed in a manner that protects the dogs’ feet and legs from injury;

(vi) Primary enclosures must be placed no higher than 42 inches above the floor and may not be placed over or stacked on top of another cage or primary enclosure;

(vii) Feces, hair, dirt, debris, and food waste must be removed from primary enclosures at least daily or more often if necessary to prevent accumulation and to reduce disease hazards, insects, pests, and odors; and

(viii) All dogs in the same enclosure at the same time must be compatible, as determined by observation. Animals with a vicious or aggressive disposition must never be placed in an enclosure with another animal, except for breeding purposes. Breeding females in heat may not be in the same enclosure at the same time with sexually mature males, except for breeding purposes. Breeding females and their litters may not be in the same enclosure at the same time with other adult dogs. Puppies under 12 weeks may not be in the same enclosure at the same time with other adult dogs, other than the dam or foster dam, unless under immediate supervision.

(d) Provide dogs with easy and convenient access to adequate amounts of clean food and water. Food and water receptacles must be regularly cleaned and sanitized. All enclosures must contain potable water that is not frozen, is substantially free from debris, and is readily accessible to all dogs in the enclosure at all times.

(e) Provide veterinary care without delay when necessary. A dog may not be bred if a veterinarian determines that the animal is unfit for breeding purposes. Only dogs between the ages of 12 months and eight years of age may be used for breeding. Animals requiring euthanasia must be euthanized only by a licensed veterinarian.

(4) Exemptions.

(a) This section does not apply to the following:

(i) A publicly operated animal control facility or animal shelter;

(ii) A veterinary facility;

(iii) A research institution;

(iv) A boarding facility, unless the facility is boarding more than 10 dogs for four weeks or more; or

(v) A grooming facility;

(b) Subsections (1) and (2) of this section do not apply to a commercial dog breeder licensed, before the effective date of this chapter, by the United States Department of Agriculture pursuant to the federal Animal Welfare Act (Title 7 U.S.C. Sec. 2131 et seq.). [Ord. 1214 §1, 2010]

6.15.030 Enforcement - Penalties.

(1) Violation - Penalties.

(a) Each person who violates LCC 6.15.020(1), (2), or (3) is guilty of a gross misdemeanor.

(b) Each person who violates any provision of this chapter may be cited for a civil infraction. Infractions shall be processed according to the provisions of Chapter 1.20 LCC and subject to the penalties of that chapter.

(c) The penalties in subsections (1)(a) and (b) of this section are in addition to, or as an alternative to, and not in lieu of, any other penalty, sanction, or right of action provided by law, including a civil action in superior court to seek to enjoin acts or practices and abate any conditions that constitute a violation of this chapter. The initiation of a civil infraction or a civil action does not preclude initiation of criminal proceedings or the denial of any registration for violation of this title.

(d) All violations of this chapter are detrimental to the public health, safety and welfare and are public nuisances. All conditions that are determined by the animal control authority to be in violation of this chapter may be abated.

(2) Costs of Enforcement Action.

(a) The civil penalty and any cost of abatement of a nuisance are personal obligations of the animal owner. The prosecuting attorney, on behalf of Lewis County, may collect by use of all appropriate legal remedies any civil penalty and the abatement costs.

(b) In addition to costs and disbursements provided for by statute, the prevailing party in a collection action under this chapter may, at the court’s discretion, be allowed interest and a reasonable attorney’s fee. The prosecuting attorney may seek such costs, interest, and reasonable attorney’s fees on behalf of Lewis County when the county is the prevailing party.

(c) The restitution obligations of the person found by district court to have committed a violation of this chapter include, but are not limited to, the costs of abatement, impounding, and the care of any impounded dogs that the animal control authority have impounded as a consequence of a violation of the provisions of this chapter.

(3) Entry Upon Land. The animal control authority may enter upon public and private premises at reasonable times for the purpose of enforcing this chapter. If the authority be denied access, the authority may apply to any court of competent jurisdiction for a search warrant authorizing access to all housing facilities and primary enclosures during regular business hours. Subject to any applicable requirements of law, the court may issue a search warrant for the authority to determine whether an owner or operator is complying with the requirements of LCC 6.15.020, or if there otherwise is reasonable cause to believe that a violation of this chapter is occurring or has occurred. [Ord. 1214 §1, 2010]