Chapter 5.16
COMMERCIAL ANIMAL REARING (KENNEL) REGULATIONS

Sections:

5.16.010    Permit Required

5.16.020    Humane Care Required

5.16.030    Permit Expiration--Penalty Fee

5.16.040    Fee

5.16.050    Permit Scope

5.16.060    Change in Classification

5.16.070    Right of Inspection

5.16.080    Permit May be Denied or Revoked

5.16.090    Order to Cease Violation

5.16.100    Disposal of Animals Upon Revocation of Permit

5.16.110    Commercial Animal Rearing

5.16.120    Violation and Penalty

5.16.010 Permit Required.

No person shall operate a commercial animal rearing site or kennel without first obtaining a land use permit in compliance with this chapter and the zoning code. No person shall operate a commercial animal rearing site or kennel in any neighborhood zoned for residential use. Permits shall be obtained prior to opening any facility covered in this chapter. No such permit, however, shall be required for legally established commercial enterprise which operates exclusively as a veterinary hospital or clinic, pet shop or grooming parlor.

5.16.020 Humane Care Required.

Humane care of all animals shall be provided including but not limited to proper nourishment, proper care and treatment of ill, diseased, injured or lame animals, compliances with all requirements imposed by the County Health District, and maintenance of clean and odor-free premises.

5.16.030 Permit Expiration--Penalty Fee.

Permits may be issued for a period of up to five years so long as an annual fee is paid for each period of one year ending on December 31. A penalty fee as established by the City Council pursuant to such periodic resolution as the Council from time to time updates and approves shall be charged for renewal of permits issued after March 1.

5.16.040 Fee.

Fees shall be established by the City Council pursuant to such periodic resolution as the Council from time to time updates and approves. The fee shall be in addition to any other applicable license, plan or permit fees under Chapter 5.12.

5.16.050 Permit Scope.

Every facility or premises regulated by this chapter is considered a separate enterprise and requires an individual permit.

5.16.060 Change in Classification.

Any person who has a change in the category under which a permit was issued is subject to reclassification and an appropriate fee adjustment shall be made.

5.16.070 Right of Inspection.

It is a condition of issuance of any permit under this chapter that the animal control authority is permitted to inspect all animals and the premises where the animals are kept at any reasonable time.

5.16.080 Permit May be Denied or Revoked.

(a)    No person who has been convicted of cruelty to animals shall be issued a permit to operate a commercial animal-rearing site. Any such permit which has been issued will be automatically revoked upon proof of conviction of the holder for cruelty to animals.

(b)    The Planning Director or designee may revoke any permit under this chapter if the person holding the permit refuses or fails to comply with the ordinance codified in this title, or any law governing the protection and keeping of animals, or if the person holding a permit has withheld or falsified any information on the application for such permit. Such revocation of permit shall not affect the permit holder’s liability to prosecution under this title. (Ord. 903, Sec. 1, 2013)

5.16.090 Order to Cease Violation.

Whenever any condition is found to be in violation of this Ordinance or codes or standards required to be adhered to thereunder and pending commencement and completion of the notice and permit revocation procedure, the Animal Control Officer may order the cessation of activity causing the violative condition by notice in writing served on the person(s) engaged in or causing such condition. The effect of such order shall be to require immediate cessation of activity causing the violation. Said order shall not be affected by any right of appeal afforded by this or any other Ordinance or Title of Lake Stevens Code.

5.16.100 Disposal of Animals Upon Revocation of Permit.

Any person whose permit is revoked shall, within ten days thereafter, humanely dispose of all animals owned, kept, harbored or controlled by such person. No part of the permit fee shall be refunded.

5.16.110 Commercial Animal Rearing.

Specifically includes kennels but also includes any use which involves the keeping of animals under any one or more of the following conditions:

A.    The keeping or possession of more than three adult dogs and/or cats or any combination of dogs and cats for commercial purposes where the total exceed seven domestic adult animals, exclusive of fish, insects and birds which are household pets.

B.    The keeping of two or more litters of juvenile animals;

C.    The keeping of an animal or animals for a commercial purpose, which shall include any purpose which involves making a profit from the products, rearing, breeding, sale or lease of an animal;

D.    The keeping of animals has destroyed the vegetative cover and material infiltration capacity of the soil or caused an adverse impact upon the water quality within the watershed; or

E.    Commercial advertising is used.

5.16.120 Violation and Penalty.

A.    Failure to comply with any provision of this chapter or violation of any provision of this chapter is a civil infraction for first and second offenses occurring within a 365 day period.

1.    For the first offense the fee for such violation shall be set equivalent to the Basic Rule violation as set forth in the Justice Information System (JIS) Law Table as published by the Administrative Office of the Courts.

2.    For the second offense the fee for such violation shall be set equivalent to double the Basic Rule violation as set forth in the Justice Information System (JIS) Law Table as published by the Administrative Office of the Courts.

B.    Third or subsequent offenses of this chapter within a 365 day period shall either be

1.    A misdemeanor subject to a jail term of not more than 90 days, a fine of not more than $1,000.00, or both such fine and imprisonment or

2.    Subject to enforcement pursuant to Title 17 of the Lake Stevens Municipal Code.

(Ord. 717, 2005)