Chapter 8.09
ANIMAL CONTROL AUTHORITY

Sections:

8.09.010    Animal control authority—Established.

8.09.020    Animal control officer—Established—Compensation.

8.09.030    Agreements—Authorization.

8.09.040    Educational canvassing program.

8.09.050    Gifts, bequests and donations—Solicitation and acceptance.

8.09.110    Purpose and scope.

8.09.120    Definitions.

8.09.130    Pet licenses—Required—Issuance—Penalty—Fee use—Exceptions.

8.09.140    Licenses not required.

8.09.150    License fees and penalties.

8.09.160    Fees authorized.

8.09.170    Hobby kennel or hobby cattery licenses—Required—Limitations—Requirements—Issuance and maintenance.

8.09.180    Hobby kennels and hobby catteries—Licenses—Revocation, suspension or refusal to renew.

8.09.190    Hobby kennel or hobby cattery licenses, registration—Revocation or refusal waiting period.

8.09.200    Animal shelters, kennels, catteries, grooming service or pet shops—Inspections—Unsanitary conditions unlawful.

8.09.210    Animal shelters, kennels, catteries, grooming services, and pet shops—Conditions.

8.09.220    Animal shelters, kennels, catteries, grooming services and pet shops—Indoor facilities.

8.09.230    Animal shelters, kennels, catteries, grooming services, and pet shops—Outdoor facilities.

8.09.240    Grooming parlors—Conditions.

8.09.250    Animal shelters, hobby kennels, kennels, catteries, hobby catteries, pet shops, grooming parlors—Additional conditions.

8.09.260    Individual private animal placement permit—Required—Qualifications—Limitations—Inspection, denial and revocation.

8.09.300    Enforcement power.

8.09.310    Violations—Deemed nuisance—Abatement.

8.09.320    Violations—Misdemeanor—Penalty.

8.09.330    Violations—Civil penalty.

8.09.340    Additional enforcement.

8.09.350    Impounding—Procedures.

8.09.400    Public nuisances defined.

8.09.410    Transfer of unaltered dogs and cats prohibited.

8.09.420    Unlawful acts against police department dogs—Penalty for violation.

8.09.430    Warning tickets—Violations.

8.09.440    Violations—Unlawful acts—Cruelty to animals—Database.

8.09.450    Violations—Notice and order—Abatement of a public nuisance.

8.09.460    Appeals—Nuisance—Potentially dangerous dog—Dangerous dog—Vicious animal.

8.09.470    Potentially dangerous dogs.

8.09.472    Dangerous dogs.

8.09.474    Requirements for dangerous dogs.

8.09.476    Dangerous dog—Notification of status, change of ownership, custody and/or residence.

8.09.480    Vicious animals.

8.09.482    Vicious animals—Corrective action.

8.09.490    Civil penalty and abatement costs—Liability of owner.

8.09.492    Costs of enforcement action.

8.09.494    Additional rules and regulations.

8.09.496    Waiver of fees and penalties.

8.09.500    Dogs—Leash requirement—Exceptions.

8.09.502    Rabies vaccination required.

8.09.504    Animal bites to be reported.

8.09.506    Confining dogs in season.

8.09.508    Animal waste—Removal required.

8.09.510    Crimes relating to the confinement of another’s animal and the abatement of private nuisances.

8.09.512    Striking domestic animal with motor vehicle.

8.09.514    No duty created.

8.09.516    Potentially dangerous wild animals—Permit from state required.

8.09.518    Inherently dangerous animal—Unlawful to own.

8.09.010 Animal control authority—Established.

There is established, in the city of Kirkland, an animal control authority in the police department. The animal control authority is by this chapter designated the agency authorized to provide animal services and enforce animal control laws for the city commencing on January 1, 2018. (Ord. 4591 § 1 (part), 2017)

8.09.020 Animal control officer—Established—Compensation.

There is established within the animal control authority the position of animal control officer, which duties shall be defined and compensation rate determined in accordance with city of Kirkland personnel policies. (Ord. 4591 § 1 (part), 2017)

8.09.030 Agreements—Authorization.

The city manager or designee is authorized to enter into an agreement with a vendor for the licensing of pets. The city manager or designee is also authorized to enter into animal care agreements with shelters and veterinarians as necessary, and to enter into other agreements with other third parties as necessary to implement this code. (Ord. 4591 § 1 (part), 2017)

8.09.040 Educational canvassing program.

The city shall develop and implement an educational canvassing program within the city limits for compliance with the licensing requirements of this chapter. The canvassing program may authorize residents to purchase pet licenses from canvassers and shall authorize canvassers to report animal cruelty complaints to the police department. (Ord. 4591 § 1 (part), 2017)

8.09.050 Gifts, bequests and donations—Solicitation and acceptance.

(a)    Consistent with Chapter 3.14, city officials and staff who report directly to those officials may accept from the general public and business communities and all other persons, gifts, bequests and donations to the city in support of animal services. City officials and staff who report directly to those officials may solicit gifts, bequests and donations to the city in support of animal services if authorized to do so through a resolution approved by the council.

(b)    All gifts, bequests and donations of money to the city for animal services shall be deposited and credited to a donation account, specifically set up to receive only funds from animal services donations. (Ord. 4591 § 1 (part), 2017)

8.09.110 Purpose and scope.

It is the public policy of the city to secure and maintain such levels of animal control as will protect human health and safety, to prevent cruelty to animal life, and to the greatest degree practicable to prevent damage to property. To this end, it is the purpose of this title to provide a means of licensing pets; to regulate kennels, catteries, grooming parlors, and pet shops; to control errant animal behavior so that it shall not become a public nuisance; and to prevent cruelty to animals. (Ord. 4592 § 1, 2017)

8.09.120 Definitions.

In construing this chapter, except where otherwise plainly declared or clearly apparent from the context, words shall be given their common and ordinary meaning. In addition, the following definitions apply to this chapter:

(1)    “Altered” means spayed or neutered.

(2)    “Animal” means any living creature except humans, insects and worms.

(3)    “Animal control authority” means the person, association or corporation appointed or authorized by the city to enforce the provisions of this chapter and all other ordinances of the city pertaining to animal control.

(4)    “Animal control officer” and “officer” mean officers employed by the animal control authority and include police officers. Whenever “animal control officer” is used in this title, the term shall mean the city’s animal control officer and his or her designee.

(5) “Animal services” means the city’s program of providing animal control, licensing and contracted sheltering services, and may also include investments in pet-related improvements and activities in public facilities and parks.

(6)    “At large” means off the premises of the owner and not under the immediate control of the owner, member of the owner’s immediate family, or person authorized by the owner, by means of a leash, cord or chain no longer than eight feet.

(7)    “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 a pet shop. An adult cat is one of either sex, altered or unaltered, that is at least six months old.

(8)    “City” means the city of Kirkland.

(9)    “Council” means the city council for the city of Kirkland.

(10)    “Dangerous dog” means any dog that, according to the records of the animal control authority (A) inflicts severe injury on a human being without provocation on public or private property; (B) kills a domestic animal without provocation while the dog is 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; provided, however, that an animal shall not be considered a “dangerous dog” if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful 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 to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.

(11)    “Dog” means an animal of the species Canis lupus familiaris.

(12)    “Domestic animal” means any animal that is usually or commonly tamed and bred by humans, such as, but not limited to, any dog, cat, rabbit, guinea pig, gerbil, bird, horse, mule, ass, bovine animal, lamb, goat, sheep, hog or other animal made to be domestic.

(13)    “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 the loss of consciousness.

(14)    “Food” means food or feed appropriate to the species for which it is intended.

(15)    “Fostering” means harboring, keeping or maintaining stray, homeless, abandoned and/or unwanted domestic animals and locating adoptive homes for those animals.

(16)    “Grooming service” and “grooming parlor” mean any place or establishment, public or private, where animals are bathed, clipped or combed for the purpose of enhancing either their aesthetic value or health, or both, and for which a fee is charged.

(17)    “Harbored, kept or maintained” means performing any of the acts of providing care, shelter, protection, refuge, food or nourishment in such a manner as to control the animal’s actions, or that the animal or animals are treated as living at one’s domicile by the property owner or renter.

(18)    “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. However, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number otherwise allowed by code.

(19)    “Hobby kennel” means a noncommercial kennel at or adjoining a private residence where four or more adult dogs are bred or kept for any combination of hunting, training and exhibition for organized shows, for field, working or obedience trials or for the enjoyment of the species. However, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number otherwise allowed by code.

(20)    “Inherently dangerous animal” means any live member of the listed species, including hybrids thereof, which, due to its inherent nature, may be considered dangerous to humans. Inherently dangerous animals include but are not limited to:

(A)    Canidae, meaning and including any member of the dog family not customarily domesticated by man, or any hybrids thereof, but not including domestic dogs and wolf hybrids (cross between a wolf and a domestic dog).

(B)    Felidae, meaning and including any member of the cat family not customarily domesticated by man, or any hybrids thereof, but not including domestic cats.

(C)    Ursidae, meaning and including any member of the bear family, or any hybrids thereof.

(D)    Reptilia, meaning venomous and “devenomized” reptiles, including but not necessarily limited to all members of the following families: Helodermidae (gila monster), Viperidae (pit vipers), Crotalidae (rattlesnakes), Atractaspidae (mole vipers), Hydrophiidae (sea snakes), and Elapidae (coral snakes and cobras).

(E)    Colubridae snakes which are rear fanged, including, but not necessarily limited to, dispholidus typus (boomslangs), thebtornis kirtlandii (African twig or vine snake), and rhabdophis (keelbacks).

(F)    Colubridae snakes which reach a length of ten feet and over, including but not necessarily limited to green anaconda, reticulated pythons, Burmese python, albino Indian python, and African rock python.

(G)    Crocodilia, meaning and including crocodiles, alligators and caimans.

(21)    “Inhumane treatment” means every act or omission whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted.

(22)    “Juvenile” means any dog or cat, altered or unaltered, that is under six months old.

(23)    “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 pet shop. An adult dog is one of either sex, altered or unaltered, that is at least six months old.

(24)    “Leash” for purposes of this title means a cord, rope, chain or some other type of line that secures upon the collar/harness of an animal, mainly a dog, to keep the animal under control of the handler. A leash may not be longer than eight feet when measured from the attachment to the dog’s collar/harness to the base of the handler’s handgrip.

(25)    “Livestock” means animals kept either in the open fields or structures for training, boarding, home use, sales, or increase. Livestock includes cattle, hogs, sheep, goats, horses, llamas and other large grazing animals but does not include small wild or predatory animals.

(26)    “Necessary food” means the provision at suitable intervals of wholesome foodstuff suitable for the animal’s age, species, and condition, and that is sufficient to provide a reasonable level of nutrition for the animal and is easily accessible to the animal or as directed by a veterinarian for medical reasons.

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

(28)    “Necessary water” means water that is in sufficient quantity and of appropriate quality for the species for which it is intended and that is accessible to the animal or as directed by a veterinarian for medical reasons.

(29)    “Owner” means any person having an interest in or right of possession to an animal. “Owner” also means any person having control, custody or possession of any animal, or by reason of the animal being seen residing consistently at a location, to an extent such that the person could be presumed to be the owner.

(30)    “Pack” means a group of two or more animals 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 the animals are not restrained or controlled.

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

(32)    “Pet” means a domestic animal owned and kept by an individual or family for enjoyment and pleasure rather than utility. The term “pet” includes all animals required to be licensed under the terms of this chapter when properly licensed.

(33)    “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 rents, or offers to sell or rent, the live animals to the public or to retail outlets.

(34)    “Potentially dangerous dog” means: (A) any dog that when unprovoked: (i) inflicts a bite or bites on a human, pet or livestock either on public or private property; or (ii) chases or approaches a person upon the streets, sidewalks, or any other public grounds or private property in a menacing fashion or apparent attitude of attack; or (B) any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury or otherwise to threaten the safety of humans, pets or livestock on any public or private property.

(35)    “Poultry” means domestic fowl normally raised for eggs or meat and includes, but is not limited to, chickens, turkeys, ducks, geese, pheasants, quail, guinea fowl, pea fowl and other similar domesticated birds. Nothing herein shall be interpreted to conflict with or eliminate any state wildlife licensing requirement with relation to the keeping of any type of fowl.

(36)    “Proper enclosure of a dangerous dog” means, while on the owner’s property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.

(37)    “Private animal placement permit” means a permit or permits issued to qualified persons engaged in fostering domestic animals, to allow them to possess more animals than is otherwise specified by this code.

(38)    “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, verbal voice or signal control. There shall be a presumption that police dogs, search and rescue dogs and other such working dogs which are training or working under the control of their handler are not running at large.

(39)    “Service animal” means any animal that 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.

(40)    “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring a suture or sutures or cosmetic surgery.

(41)    “Shelter” means a facility that is used to house or contain stray, homeless, abandoned or unwanted animals and that 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.

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

(43)    “Under control” means the animal is either under competent voice control or competent signal control, or both, so as to be restrained from approaching or injuring any bystander or other animal and from causing or being the cause of personal or physical property damage when off a leash or off the premises of the owner. Police dogs, search and rescue dogs and other such working dogs shall be presumed to be under control while such dogs are training or working under the control of their handler even though no leash or direct restraint is utilized.

(44)    “Vicious animal” means an animal that endangers the safety of any person or domestic animal by biting or attacking without provocation. (Ord. 4592 § 2, 2017)

8.09.130 Pet licenses—Required—Issuance—Penalty—Fee use—Exceptions.

(a)    All dogs and cats twelve weeks old and older that are owned, harbored, kept or maintained in the city shall be licensed and registered. Licenses shall be renewed on or before the date of expiration.

(b)    The animal control authority, or such other person, firm or entity authorized by the city council, shall issue a pet license upon the payment of a fee as provided for by this subsection. Upon issuance of a license, a metal tag corresponding to the number of the application shall be furnished to the applicant. The applicant shall cause the same to be attached to the appropriate pet. Tags shall not be transferable from one animal to another.

(c)    Pet licenses shall 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 shall retain the original expiration period whether renewed before, on or after their respective renewal months.

(d)    Applications for a pet license shall be on forms provided by the animal control authority.

(e)    License tags shall be worn by pets at all times. As an alternative to a license tag, a pet 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.

(f)    Owners of pets who hold valid licenses from other jurisdictions and who move into the city may transfer the license by paying a transfer fee. The license shall maintain the original license’s expiration date.

(g)    An applicant may be denied the issuance or renewal of a pet license, if the applicant was previously found in violation of the animal cruelty provisions of this title or convicted of animal cruelty under RCW 16.52.205 or 16.52.207.

(1)    An applicant may be denied the issuance or renewal of a pet license for up to:

(A)    Four years, if found in violation of the animal cruelty provisions of this title or convicted of a misdemeanor under RCW 16.52.207; or

(B)    Indefinitely, if convicted of a felony under RCW 16.52.205.

(2)    Any applicant who is either the subject of a notice and order under this title or charged with animal cruelty under RCW 16.52.205 or 16.52.207 may have the issuance or renewal of their pet license denied pending the final result of either the notice and order or charge.

(h)    Pet owners are subject to a penalty for failure to comply with the licensing requirements of this section. Penalties shall be set by resolution of the city council as part of the biennial budget process.

(i)    A late fee shall be charged on all pet license applications unless waived by the animal control authority due to unique circumstances. The animal control authority shall adopt administrative criteria for granting late fee waivers. Late fees shall be set by resolution of the city council as part of the biennial budget process.

(j)    All fees and fines collected under this chapter shall be deposited in the general fund in an account to be applied solely to animal services. (Ord. 4592 § 3, 2017)

8.09.140 Licenses not required.

The provisions of this chapter shall not apply to dogs used by a law enforcement agency for police work, nor 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. (Ord. 4592 § 4, 2017)

8.09.150 License fees and penalties.

After establishing initial fees and penalties by resolution, unless otherwise designated, subsequent pet license fees and animal control fees and fines shall be set by resolution of the city council as part of the biennial budget process. (Ord. 4592 § 5, 2017)

8.09.160 Fees authorized.

(a)    In addition to any other fees required by this chapter, prior to the release of animals in the custody of the animal control authority or its agents, the animal control authority may charge fees under this chapter as follows:

(1)    Room fees for impound: as determined by the process identified in Section 8.09.150. This may be applicable to foster care programs.

(2)    All other services: as determined by the process identified in Section 8.09.150.

(b)    Prior to the release of animals as set forth in subsection (a) of this section, or the adoption of animals in the custody of the animal control authority or its agent, the animal control authority shall be entitled to collect the reasonable veterinary fees incurred, if any.

(c)    In addition, prior to the release or adoption of animals as set forth in subsection (a) or (b) of this section, the contracted animal shelter provider shall be entitled to collect a reasonable room and board fee. (Ord. 4592 § 6, 2017)

8.09.170 Hobby kennel or hobby cattery licenses—Required—Limitations—Requirements—Issuance and maintenance.

(a)    All hobby kennels and hobby catteries must be licensed by the city. Licenses shall be valid for one year from the date of application. Fees shall be assessed as provided in Section 8.09.150. There is no proration of the license fee. Renewal licenses shall retain the original expiration date whether renewed on or after their respective renewal month. Issuance of a license under this section shall not excuse any obligation to obtain a private animal placement permit, if required. In addition, each animal that is maintained at a hobby kennel or hobby cattery shall be licensed individually. It is unlawful for any person to keep and maintain any hobby kennel or hobby cattery without a valid and subsisting license therefor.

(b)    The city may limit the total number of adult dogs and cats kept by the hobby kennel or hobby cattery. This determination shall be made by the animal control officer and may be based on the following factors, in addition to any other factor the officer deems relevant:

(1)    Animal size;

(2)    Individual characteristics of specific animals;

(3)    The amount of lot area:

(A)    Twenty-five where the lot area contains five acres or more;

(B)    Ten where the lot area contains thirty-five thousand square feet but less than five acres; and

(C)    Five where the lot area is less than thirty-five thousand square feet;

(4)    The facility specifications and dimensions in which the dogs and cats are to be maintained; and

(5)    The zoning classification in which the hobby kennel or hobby cattery are to be maintained.

(c)    The following are requirements for 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, though 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, then 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)    The animal control officer may require additional setback, fencing, screening or soundproofing as the officer deems necessary to ensure the compatibility of the hobby kennel or hobby cattery with the surrounding neighborhood. Factors to be considered in determining compatibility are:

(A)    Statements regarding approval or disapproval of surrounding neighbors relative to maintenance of a hobby kennel or hobby cattery at the address applied for;

(B)    History of verified animal care and 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 or dimensions in which the dogs and cats are to be maintained;

(D)    Animal size and specific characteristics; and

(E)    The zoning classification of the premises on which the hobby kennel or hobby cattery is maintained.

(d)    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. The immunizations shall consist of, at a minimum, distemper, hepatitis, leptospirosis, parainfluenza and parvo virus (DHLPP) inoculation for dogs over three months old and feline herpes virus 1, calicivirus and panleukopenia virus (FVRCP) inoculation for cats over two months old and rabies inoculations for all dogs and cats over four months old.

(e)    A hobby kennel or hobby cattery license may be terminated if the number of dogs and cats exceeds the number allowed by the animal control officer or if the facility fails to comply with any of the requirements of this title or the specific requirements imposed on the hobby kennel or hobby cattery by the animal control authority.

(f)    The animal control officer may authorize hobby kennels and hobby catteries to exceed the maximum number of dogs and cats otherwise allowed under this section. (Ord. 4609 § 1, 2017)

8.09.180 Hobby kennels and hobby catteries—Licenses—Revocation, suspension or refusal to renew.

The animal control officer may, in addition to other penalties provided in this title, revoke, suspend or refuse to renew any hobby kennel or hobby cattery license upon good cause or for failure to comply with any provision of this title. Enforcement of such a revocation, suspension or refusal may be stayed during the pendency of an appeal filed in accordance with this title. (Ord. 4609 § 2, 2017)

8.09.190 Hobby kennel or hobby cattery licenses, registration—Revocation or refusal waiting period.

If an applicant has had a license or registration revoked or a renewal refused, the applicant shall not be issued a hobby kennel license or hobby cattery license for at least one year after the revocation or refusal. (Ord. 4609 § 3, 2017)

8.09.200 Animal shelters, kennels, catteries, grooming service or pet shops—Inspections—Unsanitary conditions unlawful.

(a)    It shall be the duty of the animal control officer to make or cause to be made such an inspection as may be necessary to determine compliance with this code. 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 animal control authority at any reasonable time that admission is requested; but in all events the owner or keeper shall admit the inspection within twenty-four hours of the request.

(b)    It is unlawful to keep, use or maintain within the city 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 or safety, or the safety of animals, or not in compliance with any provision of this code. (Ord. 4609 § 4, 2017)

8.09.210 Animal shelters, kennels, catteries, grooming services, and pet shops—Conditions.

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

(1)    Housing facilities shall be provided to 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, heating, and cooling 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. Refrigeration shall be provided for the protection of perishable foods.

(3)    Suitable drinking water, food and bedding shall be provided and stored in facilities adequate to provide protection against infestation or contamination by insects, rodents or disease.

(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, 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 seen by a licensed veterinarian within twenty-four hours of exhibiting sickness. Unless taken by the veterinarian, sick animals shall be kept in isolation quarters with adequate ventilation to keep from contaminating well animals. Sick or injured animals shall be treated humanely at all times.

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

(8)    An employee or owner shall come in to feed, water and do the necessary cleaning of animals on days and during those hours the store or shop is closed.

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

(10)    No person, persons, association, firm or corporation shall misrepresent an animal to a consumer in any way. (Ord. 4609 § 5, 2017)

8.09.220 Animal shelters, kennels, catteries, grooming services and pet shops—Indoor facilities.

Animal shelters, kennels, catteries, grooming services and pet shops that 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;

(3)    Have sufficient natural or artificial lighting to permit routine inspection and cleaning at any time of day or night. 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 a sanitary sewer or septic tank system which conforms to the standards of the city’s building codes 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;

(6)    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. 4609 § 6, 2017)

8.09.230 Animal shelters, kennels, catteries, grooming services, and pet shops—Outdoor facilities.

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

(1)    Be constructed to provide shelter from excessive heat, cold, 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; and

(3)    Be constructed with adequate walls or fences to contain the animals kept therein and to prevent entrance of other animals. (Ord. 4609 § 7, 2017)

8.09.240 Grooming parlors—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 the dog or cat while it is being groomed so that such animal shall neither fall nor be hanged, nor be injured in any manner;

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

(4)    Not leave animals unattended before a dryer;

(5)    Not prescribe 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)    Have all floors and walls in rooms, pens and cages used to retain animals or in areas where animals are clipped, groomed or treated constructed of water impervious material that can readily be cleaned, and must be maintained in good repair;

(8)    Have hot and cold water conveniently available and a large sink or tub provided;

(9)    Have toilet and hand washing facilities with hot and cold running water conveniently available for personnel employed;

(10)    Keep or store all equipment used for the business in a sanitary manner;

(11)    Keep all cages, pens, or kennels used for holding animals in a clean and sanitary condition and disinfect on a routine basis. (Ord. 4609 § 8, 2017)

8.09.250 Animal shelters, hobby kennels, kennels, catteries, hobby catteries, pet shops, grooming parlors—Additional conditions.

The animal control officer is authorized to promulgate rules and regulations not in conflict with this title as they pertain to the conditions and operations of animal shelters, kennels, hobby kennels, catteries, hobby catteries, pet shops and grooming parlors. (Ord. 4609 § 9, 2017)

8.09.260 Individual private animal placement permit—Required—Qualifications—Limitations—Inspection, denial and revocation.

(a)    Any person independently engaged in the fostering of dogs and cats who routinely possesses more dogs and cats than are otherwise allowed in this title or any other provision of the Kirkland Zoning Code must obtain a private animal placement permit from the animal control authority. Permits shall be valid for one year from issuance and may not be transferred.

(b)    In order to qualify for a private animal placement permit, an applicant must:

(1)    Maintain and care for dogs and cats in a humane and sanitary fashion.

(2)    Foster the dogs and cats at a location that is compatible with the surrounding neighborhood.

(3)    Agree to return stray or lost animals to their owners before placing the animals in an adoptive home.

(4)    Agree to spay or neuter and license each dog or cat before placement into its new home and transfer the license of each animal to its adoptive owner.

(c)    Individuals or organizations holding a private animal placement permit shall be allowed to possess five foster animals above the limit that would normally apply to their property under this title or any other provision of the Kirkland Zoning Code. Permit holders are required to locate an adoptive home for each dog or cat within six months of acquiring the dog or cat. If, after six months, an adoptive home has not been found for a dog or cat, the animal control officer shall review the situation to determine if the permit holder is complying with the permit. If the animal control officer ascertains that a good faith effort is being made to locate adoptive homes, a six-month extension may be granted. The presence of juvenile animals shall not necessarily place a permit holder over their limit unless the animal control officer determines that juvenile animals are present in such large numbers as to otherwise place the permit holder out of compliance with the permit. Holders of hobby kennel licenses and hobby cattery licenses shall be allowed to possess and foster five more animals than are allowed by the conditions of a hobby kennel permit and hobby cattery permit.

(d)    The animal control officer may inspect the facilities of an applicant for a private animal placement permit to determine whether or not such a permit shall be issued. In addition, the animal control officer may periodically inspect the facilities of holders of private animal placement permits to ensure compliance with this section. The animal control officer may also deny or revoke permits based on any one or more of the following:

(1)    A failure to meet the qualifications listed in subsections (a) through (c) of this section;

(2)    Verified animal care and control complaints;

(3)    Verified complaints by neighbors regarding the failure to comply with private animal placement permit requirements. (Ord. 4609 § 10, 2017)

8.09.300 Enforcement power.

(a)    The animal control officer is authorized to take such lawful action as may be required to enforce this chapter, and the laws of the state of Washington as the laws pertain to animal cruelty, shelter, welfare and enforcement and control of animals.

(b)    The animal control officer shall not enter a building designated for and used for private purposes, unless a proper warrant has first been issued upon a showing that the officer has reasonable cause to believe an animal is being maintained in the building in violation of this chapter.

(c)    The animal control officer, while pursuing or observing any animal in violation of this chapter, may enter upon any public or private property, except any building designated for and used for private purposes, for the purpose of abating the animal violation being pursued or observed.

(d)    No person shall deny, prevent, obstruct or attempt to deny, prevent or obstruct the animal control 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 animal control officer to enter private property to perform any duty imposed by this chapter. Any person violating this subsection is guilty of a misdemeanor. (Ord. 4612 § 1, 2017)

8.09.310 Violations—Deemed nuisance—Abatement.

All violations of this chapter are detrimental to the public health, safety and welfare and are public nuisances. All conditions that are determined after review by the animal control officer to be in violation of this chapter shall be abated. (Ord. 4612 § 2, 2017)

8.09.320 Violations—Misdemeanor—Penalty.

Unless otherwise stated, any person who allows an animal to be maintained in violation of this chapter is guilty of a misdemeanor punishable by fine of not more than one thousand dollars and/or imprisonment for a term not to exceed ninety days. (Ord. 4612 § 3, 2017)

8.09.330 Violations—Civil penalty.

In addition to or as an alternative to any other penalty provided in this chapter or by law, any person whose animal is maintained in violation of this chapter shall incur a civil penalty in an amount not to exceed one thousand dollars per violation to be directly assessed by the animal control officer, plus billable costs of the city. The officer, 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. (Ord. 4612 § 4, 2017)

8.09.340 Additional enforcement.

Notwithstanding the existence or use of any other remedy, the animal control officer may seek legal or equitable relief to enjoin acts or practices and abate any conditions that constitute a violation of this chapter and/or the Kirkland Zoning Code and/or other regulations adopted under this chapter. (Ord. 4612 § 5, 2017)

8.09.350 Impounding—Procedures.

(a)    The animal control officer may apprehend and impound any animals found doing any of the acts defined as a public nuisance or being subjected to cruel treatment. After the animal is apprehended and/or impounded, the animal control officer shall ascertain whether the animal is licensed or otherwise identifiable. If reasonably possible, the animal control officer shall return the animal to the owner.

(1)    If it is not reasonably possible to immediately return a currently licensed animal to its owner, the animal control officer shall notify the owner of the impoundment and the reason therefor by regular mail, telephone, email, or by leaving written notice at the address contained in the license application. It shall be the owner’s responsibility to take measures to redeem such animal. Neither the city nor any officer or agent of the city shall be legally or financially responsible for failing to notify an animal owner under this chapter. Any currently licensed animal impounded in accordance with this chapter shall be held for the owner at least one hundred twenty hours (five days). The animal control officer may, at his or her discretion, extend the impound period for up to ten days prior to release of the animal for adoption.

(2)    Any other animal impounded in accordance with this chapter shall be held for its owner at least seventy-two hours from the time of impoundment.

(3)    Unless otherwise provided in this code, the owner of an impounded animal may redeem the animal at any time prior to its release for adoption by the city and shall be entitled to the possession of the animal upon payment of all legal charges and expenses incidental to impound and keeping of said animal.

(4)    Any animal suffering from serious injury or disease, as determined by a licensed veterinarian, may be humanely euthanized.

(5)    At the discretion of the animal control officer, any animal may be held for a longer period than otherwise specified in this section and redeemed by any person on payment of charges not exceeding those prescribed in this chapter.

(b)    After impoundment, any animal not redeemed shall be made available for adoption.

(c)    The city shall not sell any animals for the purposes of medical research to any research institute or any other purchaser; nor shall the city transfer any animal to any research institute or other person or agency for the purposes of medical research.

(d)    In the event of an emergency endangering the health or safety of any person, where seizure and impoundment is deemed inadvisable or impracticable, or for humane considerations, the animal control officer or other police officer at his or her discretion may summarily destroy the animal involved.

(e)    Despite subsection (a) of this section, in the event an animal is impounded as a dangerous dog, potentially dangerous dog or vicious animal, and the owner is issued a notice of violation, then the animal may not be redeemed, and the owner shall instead be subject to the rules, regulations and instructions set forth in the notice of violation.

(f)    Despite subsection (a) of this section, in the event the ACO has probable cause to believe an animal is suffering from conduct constituting animal cruelty under this title or any other law, and the owner is issued a notice of violation, then the animal may not be redeemed and the owner shall instead be subject to the rules, regulations and instructions set forth in the notice of violation.

(g)    No person shall willfully:

(1)    Prevent or hinder the impounding of any animal found in violation of this code;

(2)    Remove the animal from the designated shelter without the authority of the animal control officer or officer in charge of the designated shelter;

(3)    Remove the animal from the designated shelter without paying all lawful charges; or

(4)    Resist or obstruct the animal control officer in the performance of his/her duties. (Ord. 4612 § 6, 2017)

8.09.400 Public nuisances defined.

Violations of this chapter are deemed public nuisances. Violations of this chapter include, but are not limited to, the following:

(1)    Any public nuisance relating to animal care and control known at common law or in equity jurisprudence, including, but not limited to, cruelty to animals;

(2)    Animals running in packs;

(3)    A dog running at large within the city;

(4)    Any domesticated animal that enters any place where food is stored, prepared, served or sold to the public, or any other public building or hall. Provided, this subsection shall not apply to any person using a trained and registered service animal, to veterinary offices or hospitals, or to animal shows, exhibitions or organized dog-training classes, or to places where the owner or proprietor expressly allows the presence of certain animals;

(5)    Any domesticated animal that habitually snaps, growls, snarls, jumps at, jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets, alleys or other public ways;

(6)    Any animal that has exhibited vicious propensities and constitutes a danger to the safety of persons or property off the animal’s premises or lawfully on the animal’s premises. In addition to other remedies and penalties, the provisions of this chapter relating to dangerous dogs, potentially dangerous dogs, and vicious animals shall apply;

(7)    Any vicious animal or animal with vicious propensities that runs at large at any time 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 the animal. In addition to other remedies and penalties, the provisions of this chapter relating to dangerous dogs, potentially dangerous dogs, and vicious animals shall apply;

(8)    Any domesticated animal that howls, yelps, whines, barks or makes other oral noises, in such a manner as to disturb any person or neighborhood to an unreasonable degree, taken to be continuous noise for a period of ten or more minutes or intermittent noise that totals a period of twenty or more minutes, except that such sounds made indoors in animal shelters or in commercial kennels duly licensed shall be exempt;

(9)    Any domesticated animal that enters upon a person’s property without the permission of that person;

(10)    Animals harbored, kept or maintained and known to have a contagious disease, unless under the treatment of a licensed veterinarian. (Ord. 4614 § 1, 2017)

8.09.410 Transfer of unaltered dogs and cats prohibited.

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. 4614 § 2, 2017)

8.09.420 Unlawful acts against police department dogs—Penalty for violation.

(a)    No person shall willfully torment, torture, beat, kick, strike or harass any dog used by a police department for police work, or otherwise interfere with the use of any such dog for police work by said department or its officers or members.

(b)    Any person who violates subsection (a) of this section shall be deemed guilty of a misdemeanor, punishable by not more than ninety days in jail or not more than a one thousand dollar fine, or both.

(c)    Nothing within this provision prohibits the animal control officer from pursuing criminal charges and remedies through RCW 9A.76.200—Harming a Police Dog, Accelerant Detection Dog or Police Horse—Penalty. (Ord. 4614 § 3, 2017)

8.09.430 Warning tickets—Violations.

(1)    The animal control officer may, based on his or her discretion and pursuant to the circumstances of the case, issue a warning ticket to the animal’s owner and/or the person responsible for the animal for a violation of this code.

(2)    If a warning ticket is issued, a copy of the warning ticket shall be given to the animal’s owner and/or the person responsible for the animal. The remaining copies shall be returned to the office of the animal control authority. (Ord. 4614 § 4, 2017)

8.09.440 Violations—Unlawful acts—Cruelty to animals—Database.

(a)    It is unlawful for any person to:

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

(2)    Knowingly, recklessly or with criminal negligence 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;

(3)    Knowingly, recklessly or with criminal negligence fail to provide an animal with necessary food, water, shelter, rest, sanitation, ventilation, space, or medical attention;

(4)    Lay out or expose any kind of poison, or to leave exposed any poison food or drink, or any substance or fluid whatever whereon or wherein there is or shall be deposited or mingled any kind of poison or deadly substance or fluid whatever, which is capable of consumption by any animal, 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

(5)    Abandon any domesticated animal by dropping off or leaving the animal on the street, road or highway, or in any other public place or on the private property of another.

(b)    If a law enforcement officer or the animal control officer has probable cause to believe that an owner of any animal has committed animal cruelty, the officer may authorize, with a warrant, the seizure and removal of the animal to a suitable place for feeding and care. An animal may be seized and removed without a warrant only if the animal is in an immediate life-threatening condition.

(c)    Animal cruelty committed willfully and intentionally as defined in RCW 9A.08.010 is a gross misdemeanor. Animal cruelty committed knowingly, recklessly or with criminal negligence as defined in RCW 9A.08.010 is a misdemeanor.

(d)    The animal control authority shall keep a database containing the names of all persons who are either found in violation of this provision or charged or convicted of animal cruelty under either RCW 16.52.205 or 16.52.207.

(e)    Upon conviction for animal cruelty, the defendant shall make restitution to the city for all veterinary and kennel expenses incurred by the city.

(f)    Any animal seized and removed from an owner pursuant to this section shall not thereafter be released to the owner during investigation of or prosecution for animal cruelty. Upon conviction for animal cruelty the owner shall forfeit any interest in the seized and removed animal. (Ord. 4614 § 5, 2017)

8.09.450 Violations—Notice and order—Abatement of a public nuisance.

(a)    Whenever the animal control officer has found an animal maintained in violation of this chapter, the animal control officer may commence proceedings to cause the abatement of each violation.

(b)    To commence abatement proceedings, the animal control officer shall issue a notice of violation and an 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, address and phone number, if known, of the owner or person presumed to be the owner of the animal in violation of this chapter;

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

(3)    A statement to the effect that the animal control officer has found the animal maintained illegally with a brief and concise description of the conditions which caused the animal to be in violation of this chapter, including reference to the specific sections of code or statute violated and, where relevant, reference to the specific sections of code or statute authorizing removal of the animal;

(4)    Statements that the violation must be abated, the action required to be taken to abate the violation, and the date by which the abatement must be commenced;

(A)    If the officer has determined the animal in violation must be disposed of, the order shall require that the abatement be completed within a specified time from the order as determined by the officer to be reasonable;

(B)    If the officer 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 animal control officer shall 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 of violation and order in writing as provided by Section 8.09.460 and filed with the Kirkland municipal court, within fourteen days from the date the notice of violation and order were served; provided, that the appeal of a declaration of potentially dangerous dog, declaration of dangerous dog or declaration of vicious animal must be filed within five business days as set forth in Sections 8.09.470(d)(2), 8.09.472(c)(2), and 8.09.480(c)(2) respectively; and

(B)    That failure to appeal constitutes a waiver of all rights to an administrative hearing and determination of the matter.

(c)    Service of the notice of violation and order shall be made either:

(1)    Personally; or

(2)    By mailing a copy of the notice of violation and order by certified mail, postage prepaid, return receipt requested, to the owner or person presumed to be the owner at his/her last known address; or

(3)    By posting the notice of violation and order on the front door of the living unit of the owner or person presumed to be the owner if the owner or person is not home.

(d)    Proof of service of the notice of violation and order shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. (Ord. 4614 § 6, 2017)

8.09.460 Appeals—Nuisance—Potentially dangerous dog—Dangerous dog—Vicious animal.

(a)    Appeals of orders to abate a nuisance, declaration of potentially dangerous dog, declaration of dangerous dog, and declaration of vicious animal under this chapter shall be made to the clerk of the Kirkland municipal court.

(b)    Appeals under this chapter shall be commenced by filing a written appeal within fourteen days from the date the notice of violation and order was served; provided, that the appeal of a declaration of potentially dangerous dog, declaration of dangerous dog or declaration of vicious animal must be filed within five business days as set forth in Sections 8.09.470(d)(2), 8.09.472(c)(2), and 8.09.480(c)(2) respectively, with the municipal court of the city of Kirkland, using the form provided by the animal control officer, also available on the city of Kirkland’s website.

(c)    The clerk of the municipal court shall set a time and place, not more than forty-five days from the filing of the notice of appeal, for a hearing on the appeal. Written notice of the time and place of hearing shall be given at least ten days before the hearing to each appellant by the clerk.

(d)    At the hearing, the appellant(s) shall be entitled to appear in person, to be represented by counsel and to offer evidence that is pertinent and material to the action of the animal control officer being protested. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered.

(e)    Failure of any person to file a timely appeal in accordance with this section shall constitute a waiver of the right to an administrative hearing.

(f)    Enforcement of any notice and order of the animal control officer issued under this chapter shall be stayed during the pending of an appeal, except impoundment of an animal that is claimed to be vicious, potentially dangerous, dangerous, or cruelly treated.

(g)    In administrative appeal proceedings before the municipal court, the animal control authority shall bear the burden of proving by a preponderance of the evidence both the violation and the appropriateness of the remedy it has imposed.

(h)    It shall be the responsibility of the parties to notify witnesses of the hearing date. Testimony may be provided in the form of a signed written statement pursuant to RCW 9A.72.085. Otherwise, parties are responsible for presenting any witnesses they deem necessary to testify.

(i)    The failure of the appellant to appear at the hearing shall result in a denial of the appeal and upholding of the order to abate a nuisance, declaration of potentially dangerous dog, declaration of dangerous dog, or declaration of vicious animal.

(j)    The municipal judge may uphold, dismiss or modify the order of the animal control officer. All decisions and findings of the municipal judge shall be rendered to the appellant in writing with a copy to the animal control officer within thirty days of the conclusion of the appeal hearing. The decision of the municipal judge shall be a final administrative decision appealable to the King County superior court within thirty days of the final written order.

(k)    Upon sustaining or reversing the declaration, the municipal judge shall notify the nonprevailing party in writing of the right to appeal the court’s decision.

(l)    If the animal control officer’s order is reversed and an appeal is not timely filed by the animal control authority, any previously imposed restrictions on the dog shall be annulled. (Ord. 4614 § 7, 2017)

8.09.470 Potentially dangerous dogs.

The provisions of this section apply to the extent they are not inconsistent with the provisions of Chapter 16.08 RCW.

(a)    Declaration of a Dog as Potentially Dangerous. The animal control officer shall have the authority to declare a dog to be potentially dangerous, and place restrictions on such dog, if the officer has probable cause to believe that the dog falls within the definition set forth in Section 8.09.120(34). The declaration must be based upon:

(1)    The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of Section 8.09.120(34);

(2)    Animal bite report(s) filed with the Kirkland police department and/or animal control authority;

(3)    Action(s) of the animal witnessed by any employee of the animal control authority or any law enforcement officer; or

(4)    Other substantial evidence.

(b)    Exclusions. A dog shall not be declared potentially dangerous if the animal control officer determines, by a preponderance of the evidence, that the threat, injury, or bite alleged to have been committed by the dog was sustained by a person who was at the time committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or who was tormenting, abusing, or assaulting the dog, or who had been in the past observed or reported to have tormented, abused, or assaulted the dog, or who was committing or attempting to commit a crime.

(c)    Prohibited Ownership. No person under the age of eighteen years old shall own a potentially dangerous dog.

(d)    Notice of Declaration. If the animal control officer receives a report of a potentially dangerous dog, the officer shall immediately initiate an investigation including, but not limited to, interviewing the complainant(s), interviewing the owner of the dog, if known, and observing the dog. Upon completion of the officer’s investigation, if the dog is declared potentially dangerous, the officer shall prepare a written declaration.

(1)    The declaration shall be in writing and served on the owner or person presumed to be the owner pursuant to Section 8.09.450(c).

(2)    The declaration shall include, but is not limited to, the information set forth in Section 8.09.450(b), in addition to:

(A)    The whereabouts of the dog if not in custody of the owner;

(B)    A statement of any restrictions placed on the animal or owner as a result of the declaration; and

(C)    The ability and process for appealing the declaration by submitting a written request to the municipal court of the city of Kirkland within five days of the date the declaration was served.

(e)    Appeal. Appeals shall be heard by the municipal court of the city of Kirkland pursuant to Section 8.09.460.

(f)    Appeal Form. The declaration shall include an appeal form, a copy of which is also available on the city of Kirkland website. (Ord. 4614 § 8, 2017)

8.09.472 Dangerous dogs.

The provisions of this section apply to the extent they are not inconsistent with the provisions of Chapter 16.08 RCW.

(a)    Declaration of a Dog as Dangerous. Upon declaration that a dog is a dangerous dog as defined in Section 8.09.120(10), the owner shall be served with a dangerous dog declaration.

(b)    Declaration—Final Determination Unless Appealed. The service of a dangerous dog declaration shall, unless timely appealed, be a final determination that the dog is a dangerous dog.

(c)    Notice—Contents of Dangerous Dog Declaration. A dangerous dog declaration shall contain the information set forth in Section 8.09.450(b), in addition to:

(1)    A statement that the animal control officer has found the animal to be a dangerous dog as defined in Section 8.09.120(10) and a concise description explaining why the declaration has been made;

(2)    A statement that service of the dangerous dog declaration is a final determination unless appealed and that an appeal must be filed within five business days of service of the dangerous dog declaration; and

(3)    A copy of Section 8.09.460 regarding appeal procedures.

(d)    Notice—Service. Service of the dangerous dog declaration shall be in writing and served on the owner or person presumed to be the owner pursuant to Section 8.09.450(c).

(e)    Appeal. Appeals shall be heard by the municipal court of the city of Kirkland pursuant to Section 8.09.460.

(f)    Appeal Form. The declaration shall include an appeal form, a copy of which is also available on the city of Kirkland website. (Ord. 4614 § 9, 2017)

8.09.474 Requirements for dangerous dogs.

(a)    Strict compliance with each of the following conditions is required to keep a dangerous dog in the city:

(1)    No person under the age of eighteen years old shall own a dangerous dog.

(2)    In addition to any license required under the provisions of this chapter, all dog owners who are required to obtain a certificate of registration pursuant to the dangerous dog provisions of Chapter 16.08 RCW must also obtain a city of Kirkland dangerous dog certificate of registration. The applicant shall apply for such certificate upon forms supplied by the animal control authority and pay an annual fee of one hundred dollars, in addition to the regular dog licensing fee, which shall not be prorated for any part of a year. A copy of a valid certificate of registration issued pursuant to Chapter 16.08 RCW shall be attached to the application. The city’s dangerous dog certificate of registration shall be issued upon completing all the requirements of this section.

(3)    The owner of a dangerous dog shall provide for proper enclosure of the dangerous dog. A dangerous dog may not be outside of the dwelling of the owner or outside of a proper enclosure unless muzzled and restrained by a substantial chain or leash and under the control of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog nor interfere with its vision or respiration, but shall prevent it from biting any person or animal.

(4)    The owner of a dangerous dog shall secure liability insurance coverage or a surety bond as required by Chapter 16.08 RCW.

(5)    The owner of a dangerous dog shall 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.

(b)    Failure to Comply with Dangerous Dog Requirements. Any dangerous dog shall be immediately impounded by the animal control officer if:

(1)    The dog is not validly registered under this code and Chapter 16.08 RCW;

(2)    The owner does not secure liability insurance coverage or a surety bond as required by Chapter 16.08 RCW;

(3)    The dog is not maintained in a proper enclosure;

(4)    The dog is outside of the dwelling of the owner or outside of a proper enclosure and not muzzled and restrained by a substantial chain or leash and under the control of a responsible person; or

(5)    The owner has failed to post the property with warning signs as required.

(c)    Penalty. Failing to comply with any dangerous dog requirement is a gross misdemeanor. A dangerous dog impounded in violation of dangerous dog requirements shall not be released during investigation of or prosecution for failure to comply with dangerous dog requirements. Any person convicted of failing to comply with dangerous dog requirements shall make restitution to the city for all costs incurred in boarding and disposition of such dog and shall forfeit any interest in such dog.

(d)    The provisions of this section shall not apply to dogs used by law enforcement officials for police work. (Ord. 4614 § 10, 2017)

8.09.476 Dangerous dog—Notification of status, change of ownership, custody and/or residence.

(a)    The owner of a potentially dangerous dog or dangerous dog shall notify the animal control authority, immediately upon discovery of such circumstances, when the dog is loose or unconfined off the owner’s property; or has bitten or injured a human being, pet or livestock; or is sold or given away or dies.

(b)    If the owner moves such dog to another address or otherwise transfers the dog to the ownership, custody, or residence of another individual, the owner shall, within fourteen calendar days of the change, inform the animal control authority in writing of the name, address and telephone number of the new owner and/or the address of the new residence where the dog is located. Such notice shall include the name, description and license number of the dog.

(1)    In the event the ownership and/or custody of the dog changes, the owner shall notify the new owner in writing of the details of the dog’s record relating to being declared potentially dangerous or dangerous and the terms and conditions of the declaration.

(2)    The owner shall also provide the animal control authority with a copy of the written notification, which shall contain a notarized statement by the new owner acknowledging receipt of the notification. (Ord. 4614 § 11, 2017)

8.09.480 Vicious animals.

(a)    Declaration of a Vicious Animal. The animal control officer shall have the authority to declare an animal vicious, and place restrictions on such animal, if the officer has probable cause to believe that the animal falls within the definition set forth in Section 8.09.120(44). The declaration must be based upon:

(1)    The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of Section 8.09.120(44);

(2)    Animal bite report(s) filed with the Kirkland police department and/or animal control authority;

(3)    Action(s) of the animal witnessed by any employee of the animal control authority or any law enforcement officer; or

(4)    Other substantial evidence.

(b)    Exclusions. An animal shall not be declared vicious if the animal control officer determines, by a preponderance of the evidence, that the threat, injury, or bite alleged to have been committed by the animal was sustained by a person who was at the time committing a willful trespass or other tort upon the premises occupied by the owner of the animal, or who was tormenting, abusing, or assaulting the animal, or who had been in the past observed or reported to have tormented, abused, or assaulted the animal, or who was committing or attempting to commit a crime.

(c)    Notice of Declaration. If the animal control officer receives a report of a vicious animal, it shall immediately initiate an investigation including, but not limited to, interviewing the complainant(s), interviewing the owner of the animal, if known, and observing the animal. Upon completion of the officer’s investigation, if the animal is declared vicious, the officer shall prepare a declaration of vicious animal.

(1)    The declaration shall be in writing and served on the owner or person presumed to be the owner pursuant to Section 8.09.450(c).

(2)    The declaration shall include, but is not limited to, the information set forth in Section 8.09.450(b), in addition to:

(A)    The whereabouts of the animal if not in custody of the owner;

(B)    A statement of any restrictions placed on the animal or owner as a result of the declaration; and

(C)    The ability and process for appealing the declaration by submitting a written request to the municipal court of the city of Kirkland within five days of the date the declaration was served.

(d)    Appeal. Appeals shall be heard by the municipal court of the city of Kirkland pursuant to Section 8.09.460.

(e)    Appeal Form. The declaration shall include an appeal form, a copy of which is also available on the city of Kirkland website. (Ord. 4614 § 12, 2017)

8.09.482 Vicious animals—Corrective action.

(a)    An animal that has been declared vicious may be harbored, kept or maintained in the city only upon compliance with those requirements prescribed by the animal control officer in writing and issued to the owner. In prescribing the requirements, the officer must take into consideration the following factors:

(1)    The physical size of the animal;

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

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

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

(5)    The nature of the behavior giving rise to the officer’s determination that the animal is vicious, including:

(A)    Extent of injury or injuries;

(B)    Circumstances, such as time of day, if it was on or off the property, and provocation instinct; and

(C)    Circumstances surrounding the result and complaint, such as neighborhood disputes, identification, credibility of complainants and witnesses.

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

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

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

(3)    Keeping the animal on a leash adequate to control the animal, the length and location to be determined by the animal control officer;

(4)    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 eighteen years old; and/or

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

(c)    Failure to Comply with Vicious Animal Requirements. A vicious animal shall be immediately impounded by the animal control officer if the animal is not compliant with all of the requirements prescribed by the animal control officer pursuant to subsection (b) of this section.

(d)    Penalty. Failure to comply with any vicious animal requirement is a misdemeanor. An animal impounded in violation of vicious animal requirements shall not be released during investigation of or prosecution for failure to comply with such requirements. Any person convicted of failing to comply with prescribed vicious animal requirements shall make restitution to the city for all costs incurred in boarding and disposition of such animal and shall forfeit any interest in such animal. (Ord. 4614 § 13, 2017)

8.09.490 Civil penalty and abatement costs—Liability of owner.

The civil penalty and the cost of abatement are personal obligations of the animal owner. The attorney on behalf of the city may collect the civil penalty and the abatement work costs by use of all appropriate legal remedies. (Ord. 4614 § 14, 2017)

8.09.492 Costs of enforcement action.

In addition to costs and disbursements provided for by statute, the prevailing party in a collection action under this code may, in the court’s discretion, be allowed interest and a reasonable attorney’s fee. The attorney on behalf of the city shall seek such costs, interest, and reasonable attorney’s fees on behalf of the city when the city is the prevailing party. (Ord. 4614 § 15, 2017)

8.09.494 Additional rules and regulations.

The animal control officer is authorized to make and enforce rules and regulations, not inconsistent with the provisions of this title, and it is unlawful to violate or fail to comply with any of such rules and regulations. All of such rules and regulations shall be reduced to writing and adopted in accordance with the Kirkland police department’s policies and procedures manual. (Ord. 4614 § 16, 2017)

8.09.496 Waiver of fees and penalties.

(a)    The animal control officer may waive or provide periods of amnesty for payment of outstanding licensing fees, late licensing penalty fees, adoption fees and redemption and sheltering fees, in whole or in part, when to do so would further the goals of the animal control authority and be in the public interest and in the best interest of the animal(s) involved.

(b)    In determining whether a waiver should apply, the animal control officer 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; and

(4)    The effect on the owner, the animal’s welfare, the public’s interest, and whether it may further the overall goals of the animal control authority if the fee or fees or penalties are not waived and no payment is received. (Ord. 4614 § 17, 2017)

8.09.500 Dogs—Leash requirement—Exceptions.

All dogs within the city limits shall be required to be on a leash, as defined in Section 8.09.120, when they are off the premises of the property where they reside. Provided, dogs may lawfully be off leash in areas that have been designated by the city of Kirkland as “off-leash” areas. Furthermore, dogs may lawfully be off leash while on another’s private property if the private property owner or occupier has given the dog’s handler permission to let the dog off leash. Violation of this leash provision shall be deemed a public nuisance and may subject the dog’s owner and/or handler to a civil penalty. (Ord. 4622 § 1, 2017)

8.09.502 Rabies vaccination required.

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 Prevention and Control as amended, published by the National Association of State Public Health Veterinarians, Inc., https://www.cdc.gov/mmwr/preview/mmwrhtml/rr6006a1.htm. (Ord. 4622 § 2, 2017)

8.09.504 Animal bites to be reported.

(a)    Every animal which bites a person shall, within twenty-four hours, be reported by any owner or person having charge of said animal to the animal control authority. At the discretion of the animal control officer, the animal may be quarantined for a period of up to ten days. At the discretion of the animal control officer, such quarantine may be on the premises of the owner, at the shelter designated as the city’s animal shelter or, at the owner’s option and expense, in a veterinary hospital of the owner’s choice. When an animal’s owner is unknown, such quarantine shall be at the shelter designated as the city’s animal shelter or at a veterinary hospital designated by the animal control authority.

(b)    Any owner or person having charge of any animal who fails to report an animal bite as required herein shall be guilty of a misdemeanor and, upon conviction thereof, may be sentenced to a fine not to exceed one thousand dollars and/or ninety days in jail. (Ord. 4622 § 3, 2017)

8.09.506 Confining dogs in season.

The owner or person having charge of any unspayed female dog shall confine such dog in a building or enclosed area during the period such dog is in season. (Ord. 4622 § 4, 2017)

8.09.508 Animal waste—Removal required.

(a)    It shall be unlawful for any person to:

(1)    Allow animal feces to accumulate in any open private area, run, pen, shelter, or yard where animals are harbored, kept, or maintained, or fail to remove and properly dispose of animal feces from such areas at least once every twenty-four hours, so as to prevent polluted drainage waters from entering the surface or storm water system of the city. A person who violates this provision shall be guilty of a misdemeanor. Nothing in this provision shall be construed as prohibiting the city from pursuing civil enforcement for a violation of Section 15.52.090(a) pursuant to Chapter 1.12.

(2)    Fail to remove fecal matter deposited by an animal under his or her ownership or control on public property or the private property of another before leaving the immediate area where the fecal matter was deposited.

(3)    Fail to have in his or her immediate possession an appropriately sized bag, or other proper means of disposal, to be used for the removal of animal feces when accompanying an animal on public property or private property of another.

(b)    Violation of the provisions listed in subsections (a)(2) and (a)(3) of this section will subject the offender to a civil penalty. (Ord. 4622 § 5, 2017)

8.09.510 Crimes relating to the confinement of another’s animal and the abatement of private nuisances.

(a)    An owner of private real property has the right under Washington common and statutory law to protect his or her property from trespass by persons or other instrumentalities, including domestic animals such as pets. This right is limited by animal cruelty laws and other ordinances and statutes intended to protect the health and safety of animals. The inappropriate or negligent use of even humane traps may pose a threat to animals. Thus, the city prohibits the use of all traps except under the conditions set forth in this section.

(b)    Crimes.

(1)    Unlawful Capture or Confinement of a Pet. A person is guilty of the crime of the unlawful capture or confinement of a pet if a person knowingly traps, captures or otherwise confines an animal known by the person to be the pet of another. The unlawful capture or confinement of a pet shall be a gross misdemeanor.

(2)    Trapping. It shall be unlawful for any person by means of a trap or similar mechanical device to intentionally trap a domestic animal or pet. The unlawful trapping of a domestic animal or pet shall be a gross misdemeanor. Nothing herein shall be interpreted to prohibit a property owner from using other lawful means to drive off a domestic animal or pet of another.

(3)    Negligent Confinement of an Animal. A person is guilty of the crime of negligent confinement of an animal if a person who traps, captures or confines an animal, whether intentionally or unintentionally, fails to promptly release an animal which the person knows or should have known to be confined and which is not the property of that person. Negligent confinement of an animal shall be a misdemeanor.

(c)    Defenses. The following acts are excluded from the crime of unlawful capture or confinement of a pet as set forth in subsection (b)(1) of this section or trapping as set forth in subsection (b)(2) of this section:

(1)    The humane capture, trapping or confinement of an injured or diseased animal, in order to protect the animal from harm or in order to deliver or report the animal to a veterinarian, animal control officer, Washington State wildlife official, animal shelter or other charitable or governmental agency charged with animal welfare and protection; and/or

(2)    The actions of a city, county or state animal control officer, law enforcement officer or other public safety officer in the performance of his or her duties; and/or

(3)    The actions of any person or agency sanctioned by the animal control authority to humanely capture, trap or confine a lost, stray or feral animal in order to deliver or report the animal to a veterinarian, animal control officer, Washington State wildlife official, animal shelter or other charitable or governmental agency charged with animal welfare and protection. (Ord. 4622 § 6, 2017)

8.09.512 Striking domestic animal with motor vehicle.

Any person who, while operating a motor vehicle, strikes a domestic animal shall stop at once, render reasonable assistance, and shall immediately report such injury or death to the animal’s owner. In the event the owner of said animal cannot be ascertained and located, such person shall at once report the accident to the animal control authority. This subsection shall in no way be construed as requiring the person striking the animal with a motor vehicle to be financially responsible for any injury or death of the animal. (Ord. 4622 § 7, 2017)

8.09.514 No duty created.

Nothing contained in this chapter is intended to be, nor shall be, construed to create or form any special duties or relationships with specific individuals or otherwise constitute the basis for any liability on the part of the city or its officers, employees or agents, for any injury or damage resulting from the failure of any person to comply with the terms of this chapter, or by reason or in consequence of any commission with the implementation or enforcement of this chapter on the part of the city by its officers, employees, or agents. This chapter has been enacted for the welfare of the public as a whole, and not for any specific group or class. (Ord. 4622 § 8, 2017)

8.09.516 Potentially dangerous wild animals—Permit from state required.

No person, as defined by RCW 16.30.100(3), shall own any potentially dangerous wild animal as defined by RCW 16.30.100(2), unless such person has first obtained a permit from the State Game Department and/or Federal Fish and Wildlife Service; provided, that the animal control officer may allow a person to temporarily care for an infant or injured wild animal native to this area which is homeless while the person acquires the necessary state and/or federal permits. Any person who violates this section shall be guilty of a misdemeanor, punishable by up to ninety days in jail and up to a one thousand dollar fine or both. (Ord. 4622 § 9, 2017)

8.09.518 Inherently dangerous animal—Unlawful to own.

(a)    It is unlawful for any person to possess or maintain an inherently dangerous animal within the city of Kirkland. Any person who violates this section shall be guilty of a misdemeanor, punishable by up to ninety days in jail and up to a one thousand dollar fine or both.

(b)    The provisions of this section shall not apply to any facility possessing or maintaining inherently dangerous animals as defined in this chapter which is owned, operated or maintained by any city, county, state or the federal government, including but not limited to public zoos, nor shall it apply to museums, laboratories and research facilities maintained by scientific or educational institutions, nor to private or commercial activities such as circuses, fairs, or private zoological parks which are otherwise regulated by law. (Ord. 4622 § 10, 2017)