Chapter 8.04
ANIMAL CONTROL

Sections:

8.04.010    Definitions.

8.04.020    License – Required – Fees.

8.04.030    License – Tag – Collars.

8.04.040    Late payment penalty – Renewals.

8.04.045    Failure to obtain a license.

8.04.050    Impounding.

8.04.060    Notice of impounding animal.

8.04.070    Redemption of animals.

8.04.075    Feral cats.

8.04.080    Running at large restricted.

8.04.085    Confinement of an animal in a motor vehicle.

8.04.090    Female dog or cat at large in heat.

8.04.100    Confinement of a potentially dangerous dog.

8.04.110    Costs of maintaining dog or cat in veterinary hospital.

8.04.120    Rabies – Mandatory vaccination, quarantine.

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

8.04.140    Duties upon injury or death to an animal.

8.04.150    Injuring or killing dogs or cats.

8.04.160    Dogs on a leash.

8.04.170    Handling of an animal bitten by rabid animal.

8.04.180    Repealed.

8.04.185    Limit on number of cats and dogs.

8.04.190    Kennel license.

8.04.200    Violation – Punishment.

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

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

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

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

8.04.250    Rule and regulation promulgation.

8.04.260    Habitual offender.

8.04.270    Misrepresentation of an animal as a service animal – Civil infraction – Investigation and enforcement.

8.04.010 Definitions.

As used in this title, unless the context otherwise indicates:

(1) “Animal” shall mean a living creature except persons, insects and worms.

(2) “Animal control” shall mean the animal control program operated jointly by the city of Puyallup and the city of Sumner to enforce their animal control provisions.

(3) “Animal control authority” shall mean a person or entity authorized by statute or contract to enforce the animal control laws of the city.

(4) “Animal control officer” shall mean:

(a) Any individual employed, contracted with or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law relating to the licensure, control or seizure and impoundment of animals;

(b) Any state or local law enforcement officer; or

(c) Any other official whose duties in whole or in part include the seizure and impoundment of any animal.

(5) “Approved confinement device” shall mean a pen or structure that has secure sides and a secure top. If the pen or structure has no bottom secured to the sides, then the sides must be embedded in the ground no less than one foot.

(6) “At large” shall mean off the premises of the owner or keeper of the dog, cat or animal, and not under restraint by leash or chain or not otherwise controlled by a competent person. This definition shall not include a “service animal” as defined in this section if such restraint would interfere with the service animal’s work or the nature of the animal’s owner’s or keeper’s disability prevents use of a restraint.

(7) “Cat” shall mean and include female, spayed female, male and neutered male cats.

(8) “Director” shall mean the chief of the Puyallup police department.

(9) “Dog” shall mean and include female, spayed female, male and neutered male dogs.

(10) “Domestic animal” shall mean livestock or pets.

(11) “Exotic animals” shall mean any of the following:

(a) Venomous and constricting species of snakes capable of inflicting serious physical harm or death to human beings;

(b) Nonhuman primates and prosimians;

(c) Bears;

(d) Nondomesticated species of felines;

(e) Nondomesticated species of canines and their hybrids, including wolf and coyote hybrids;

(f) The order crocodylia, including alligators, crocodiles, caiman and gavials.

(12) “Kennel” includes those places where three or more dogs or cats are kept for breeding and the pups or kittens are sold for profit, or where dogs and/or cats are received for care or boarding.

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

(14) “Owner” shall mean any person, firm, or corporation owning, having an interest in, or having control or custody or possession of any dog, cat, or animal.

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

(16) Service Animal. The definition of “service animal” in RCW 49.60.040(24) is hereby adopted by reference as currently enacted, as hereafter amended, as subsequently adopted, or recodified from time to time, and shall be given the same force and effect as if set forth herein in full.

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

(18) “Under control of a competent person” means a person has complete and total control over the movement of an animal by means of a leash. (Ord. 3205 § 1, 2020; Ord. 3029 § 2, 2013; Ord. 2647 § 1, 2000; Ord. 2631 § 1, 1999; Ord. 2463 § 1, 1995; Ord. 2390 § 1, 1994; Ord. 1198 § 1, 1953).

8.04.020 License – Required – Fees.

All dogs and cats seven months of age or older which are harbored, kept or maintained in the city shall be licensed by the city annually on a schedule established by the animal control authority. The fee for each animal license shall be as set forth in the following schedule of fees. No proration of a license fee for a portion of the year shall be made. Every dog or cat kept within the city limits shall be provided by its owner with a collar or harness made of leather, metal or other substantial material which shall be worn by such dog or cat at all times when off the premises of the licensed owner and to which the license tag provided shall be securely fastened.

Animal Control Fees

(1)

Adult dogs: seven months or older

 

altered

 

$14.00

 

unaltered

 

$60.00

(2)

Adult cats: seven months or older

 

altered

 

$10.00

 

unaltered

 

$60.00

(3)

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

 

Dogs

altered

$7.00

 

 

unaltered

$30.00

 

Cats

altered

$5.00

 

 

unaltered

$30.00

(a) Provisions of this section shall not apply to dogs or cats in the custody of a veterinarian or animal shelter, a service animal, or whose owners are nonresidents temporarily within the city for a period of not exceeding 30 days. Dogs and cats are exempt from the above licensing provisions when they are in the custody of a recognized animal rescue group. In order to qualify as a recognized group, proof of registration with the Internal Revenue Service pursuant to IRC 501(c)(3) must be submitted to the Metro Animal Services by the group.

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

(4)

Unaltered dog/cat deposit:

 

(a) A $75.00 refundable deposit will be required to redeem any unaltered dogs or cats impounded more than once in any 12-month period pursuant to PMC 8.04.130.

(5)

Kennel license fees:

$75.00

(6)

Potentially dangerous dog permit fee:

$250.00

 

Renewal permit:

$50.00

(7)

Dangerous dog permit fee:

$500.00

 

Renewal permit:

$100.00

(8)

Replacement tag fee:

$5.00

(9) Animal Shelter Fees.

(a) Adoption Fees. Adoption fees shall include an animal license, spaying/neutering of the animal and a microchip.

(b) Spay/Neuter Deposit. Fee charged to a new owner if the animal is too young to be altered. The deposit is refunded upon providing proof of alteration within 90 days of adoption.

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

(d) Owner Euthanasia Fee. Fee charged to an owner who surrenders their animal to animal control for euthanization.

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

(f) Boarding Fee. Fee charged to an owner for costs associated with boarding an animal that has been impounded or taken into protective custody.

These fees shall be set annually by the animal control operations board and shall be based on comparables as well as actual costs associated with professional services. The animal control operations board shall provide each city with a copy of these fees upon their adoption by said board.

(10) Checks. Any person who issues a check for which funds are insufficient (NSF) will be assessed a fee of $40.00. In addition, any license(s) or penalties paid with such checks will be invalid. Additional costs incurred by the city in collecting NSF checks shall be considered a cost of abatement and will be the personal obligation of the animal owner and will be subject to civil litigation. (Ord. 3029 § 3, 2013; Ord. 2912 § 1, 2008; Ord. 2647 § 1, 2000; Ord. 2631 § 1, 1999; Ord. 2463 § 1, 1995; Ord. 2202 § 1, 1989; Ord. 2100 § 1, 1986; Ord. 1634 § 1, 1974; Ord. 1198 § 2, 1953).

8.04.030 License – Tag – Collars.

(1) Upon the payment of the license fee, the city shall furnish to the person paying the same a license receipt and tag for the dog or cat for which such fee has been paid. The shape of such tag may be changed each year. Every dog or cat kept within the city limits shall be provided by its owner with a collar or harness made of leather, metal or other substantial material which shall be worn by such dog or cat at all times when off the premises of the licensed owner and to which the license tag provided shall be securely fastened.

(2) It is unlawful for any person other than the owner, his agent or a member of the Puyallup police department or designee to remove a license tag from a dog or cat.

(3) The city shall keep a complete registry of all licensed animals, describing the same by name, breed, color, age and sex. They shall also enter the name and address of the owner as given and the number of the city license tag, if applicable.

(4) Any dog or cat for which the license fee for the current licensing period has been paid, which is impounded during the licensing period for being at large without a collar and tag, may be redeemed by the owner upon proof to animal control that such dog or cat was so licensed, and that a collar was put around its neck with a license tag attached thereto as provided in this chapter, upon payment to the city of an impound fee and boarding fee as set forth in PMC 8.04.020. Any owner of a licensed dog or cat, whose license has been lost, may secure a replacement tag by payment of a fee as set forth in PMC 8.04.020. (Ord. 2912 § 2, 2008; Ord. 2631 § 1, 1999; Ord. 2463 § 1, 1995; Ord. 2100 § 2, 1986; Ord. 1198 § 3, 1953).

8.04.040 Late payment penalty – Renewals.

Any person who fails to obtain a license within 30 days of the date the renewal was required shall be charged a penalty fee in the sum of $10.00. Any person who fails to obtain a license within 60 days of the date the renewal was required shall be charged a penalty fee in the sum of $20.00. (Ord. 2912 § 3, 2008; Ord. 2631 § 1, 1999; Ord. 2463 § 1, 1995).

8.04.045 Failure to obtain a license.

(1) A $10.00 late payment penalty will be assessed in circumstances where there was a failure to obtain a license. This fee shall not be charged on new license applications if:

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

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

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

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

(e) The owner submits other proof deemed acceptable in the animal control authority’s administrative policy. (Ord. 2631 § 1, 1999).

8.04.050 Impounding.

All animals which require licenses found at large may be detained and impounded by the animal control officer. The owner or keeper shall be charged an impound fee and board as set forth in PMC 8.04.020 for the release of such animal. (Ord. 2912 § 4, 2008; Ord. 2631 § 1, 1999; Ord. 2463 § 1, 1995; Ord. 2100 § 3, 1986; Ord. 1634 § 2, 1974; Ord. 1198 § 4, 1953. Formerly 8.04.040).

8.04.060 Notice of impounding animal.

Upon the impounding of any dog, cat or other animal under the provisions of this chapter the animal control agency shall immediately notify the owner, if the owner is known, of the impounding of such dog, cat, or other animal, and of the terms upon which said animal can be redeemed. If the owner of said dog, cat, or other animal so impounded is unknown, then said animal control agency shall make a reasonable effort to locate and notify the owner of the impounding of said dog, cat, or other animal. (Ord. 2463 § 1, 1995; Ord. 1198 § 5, 1953. Formerly 8.04.050).

8.04.070 Redemption of animals.

The owner of any animal impounded under the provisions of this chapter may redeem it within 72 hours from the time of impounding, upon payment of the fees and costs set forth in PMC 8.04.020. Any such animal not redeemed within 72 hours after being impounded may be humanely destroyed or adopted at the discretion of the impounding authority; provided, however, any animal so impounded less than two months of age may be humanely destroyed or adopted at any time after impounding. (Ord. 2912 § 5, 2008; Ord. 2631 § 1, 1999; Ord. 2463 § 1, 1995; Ord. 2100 § 4, 1986; Ord. 1198 § 6, 1953. Formerly 8.04.060).

8.04.075 Feral cats.

Feral cats can spread disease in the animal shelter. As a result, any cats impounded that are determined by the animal control officer to be feral will be separated from the other animals in the shelter and will be humanely destroyed as soon as possible. (Ord. 2631 § 1, 1999).

8.04.080 Running at large restricted.

No owner of any dog shall permit such dog to run at large at any place within the city or contrary to any of the provisions of this chapter. (Ord. 2463 § 1, 1995; Ord. 1198 § 8(A), 1953. Formerly 8.04.070).

8.04.085 Confinement of an animal in a motor vehicle.

(1) It is unlawful for an owner or any person to confine an animal in a motor vehicle in such a manner that poses an unreasonable risk to the animal’s health or safety by exposure to extreme heat or cold, without proper ventilation or other protection from such heat or cold. In order to protect the health and safety of such animal, an animal control officer or law enforcement officer who has probable cause to believe that this section is being violated shall have the authority to enter such motor vehicle by any reasonable means under the circumstances, after making a reasonable effort to locate the owner.

(2) Nothing in this section prevents the person who has confined the animal in the vehicle from being convicted of separate offenses for animal cruelty under state or local law.

(3) A violation of this section shall be a civil infraction and is subject to a penalty of $250.00 none of which shall be deferred or reduced. (Ord. 3159 § 1, 2017; Ord. 3029 § 4, 2013).

8.04.090 Female dog or cat at large in heat.

Every female dog or cat in heat shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with a male of the species, except for planned breeding. Any such animal not so confined when in heat, whether or not such animal is licensed, is declared to be a nuisance and shall be immediately seized and impounded. (Ord. 2463 § 1, 1995; Ord. 1198 § 8(B), 1953. Formerly 8.04.090).

8.04.100 Confinement of a potentially dangerous dog.

It is unlawful for the owner of any dog, when notified that such dog has bitten any person or has so injured any person as to cause an abrasion of the skin, to sell or give away such dog or to permit or allow such dog to be taken beyond the limits of the city except to a veterinary hospital, but it shall be the duty of such owner upon receiving notice of the character of aforesaid to immediately confine such dog for a period of at least 10 days or to deliver such dog to the animal control shelter for placement. Any animal control officer receiving such dog shall forthwith convey such dog to the designated area where such dog shall be securely chained or confined for a period of at least 10 days. In case such dog is delivered to a veterinary hospital, notice of the name and location of such hospital shall be immediately furnished to the animal control officer by the owner of such dog, and upon receipt of such dog the veterinary hospital shall submit to the animal control officer a certificate stating that such dog shows either no symptoms of rabies or does show symptoms of rabies. At the expiration of 10 days of confinement and upon release of such dog, the veterinary hospital shall submit to the animal control officer a second certificate stating that the dog does not have rabies and has been released. (Ord. 2631 § 1, 1999; Ord. 2463 § 1, 1995; Ord. 1198 § 8(C), 1953).

8.04.110 Costs of maintaining dog or cat in veterinary hospital.

All costs of maintaining any dog or cat in a veterinary hospital shall be paid by the owner. (Ord. 2463 § 1, 1995; Ord. 1198 § 8(E), 1953. Formerly 8.04.120).

8.04.120 Rabies – Mandatory vaccination, quarantine.

(1) All dogs and cats three months or older shall be vaccinated against rabies.

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

(3) In cases where a dog or cat has bitten a person or caused an abrasion of the skin, the animal shall be quarantined for a period of no less than 10 days. The purpose of the quarantine is to ensure no adverse health problems with the animal are detected. The quarantine may be completed at the animal owner’s home, veterinary clinic, or animal shelter as determined by the investigating law enforcement officer or animal control officer. (Ord. 3029 § 5, 2013; Ord. 2463 § 1, 1995; Ord. 1198 § 8(F), 1953. Formerly 8.04.130).

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

(1) No unaltered dog or cat that is impounded more than once in any 12-month period may be redeemed by any person until the sum of $75.00 is paid to the animal control authority as a refundable deposit. This deposit shall be held by the animal shelter to ensure that the spay/neuter and microchip procedures are performed.

(2) Refund. The deposit shall be refunded upon a showing of proof of alteration and microchipping from a licensed veterinarian. If there is no proof of alteration or microchipping, the animal control shelter will retain the deposit.

(3) Exception. The deposit shall not be required if the owner or other person redeeming the animal provides a written statement from a licensed veterinarian that the spay, neuter or microchip installation procedure would be harmful to the animal. (Ord. 2912 § 6, 2008; Ord. 2647 § 2, 2000; Ord. 2631 § 1, 1999; Ord. 2463 § 1, 1995).

8.04.140 Duties upon injury or death to an animal.

The operator of a vehicle involved in an accident resulting in injury or death to a dog, cat or other animal shall immediately stop the vehicle at or as near to the scene of the accident as possible, and return thereto, and shall give to the owner or other competent person having custody of the animal the name and address of the operator of the vehicle and the license number of the vehicle involved in the accident. If the owner or other competent person is not the person at the scene of the accident, the operator shall take reasonable steps to locate the owner or custodian of the said animal and shall supply the information hereinabove required. If the animal is injured to the extent that it requires immediate medical attention and there is no owner or custodian present to look after it, the operator of said vehicle shall immediately report the situation to the Puyallup police department. (Ord. 2631 § 1, 1999; Ord. 2463 § 1, 1995).

8.04.150 Injuring or killing dogs or cats.

No person shall willfully injure, beat, abuse, or run down with a vehicle any dog or cat. Any person who kills or injures a dog or cat while driving a vehicle shall stop at the scene of the accident and shall render such assistance as practical, shall make a reasonable effort to locate and identify himself to the owner or any person having custody of the dog or cat and shall report the accident immediately to the police department. (Ord. 2463 § 1, 1995; Ord. 1198 § 9, 1953).

8.04.160 Dogs on a leash.

(1) Nothing in this chapter shall be held to require the leashing of any dog while on the private premises of anyone consenting to have the dog on his premises unleashed. No dog shall be permitted, except on a leash, to use or be on any public street, sidewalk, parkway or public place within the city limits.

(2) No dog shall be permitted to be or enter upon any food and drink handling establishment during the time that said place is open for public business.

(3) No dog shall be permitted to go or be upon any school premises or grounds at any time during school hours.

(4) No leash shall be greater than eight feet in length.

(5) The provisions of this section shall not apply to service dogs if a leash would interfere with the service animal’s work or the nature of the animal’s owner’s or keeper’s disability prevents use of a leash. (Ord. 3029 § 6, 2013; Ord. 2463 § 1, 1995; Ord. 1198 § 10, 1953).

8.04.170 Handling of an animal bitten by rabid animal.

When an animal is known to have been bitten by a rabid animal, the following procedures shall be followed:

(1) Unvaccinated Animal. An unvaccinated animal shall be immediately destroyed; provided, that upon the election of the owner, the animal may be kept, at its owner’s expense, in strict isolation in a kennel under veterinary supervision for a minimum period of six months following the bite.

(2) Vaccinated Animal. A vaccinated animal shall be handled as follows:

(a) The animal shall be immediately revaccinated with an approved rabies vaccine and confined under the supervision of a veterinarian for a period of 30 days following revaccinated; or

(b) If the animal is not immediately revaccinated, it shall be confined in strict isolation in a kennel for six months under the supervision of a veterinarian; or

(c) The animal shall be destroyed if the owner or custodian does not comply with subsections (2)(a) or (2)(b) above. (Ord. 2463 § 1, 1995).

8.04.180 Abandonment of animals.

Repealed by Ord. 3205. (Ord. 2463 § 1, 1995; Ord. 1198 § 13, 1953. Formerly 8.04.190).

8.04.185 Limit on number of cats and dogs.

No more than a total of five cats or dogs, or a combination of a total of five cats and dogs, over the age of three months may be kept on property that is not a licensed kennel. (Ord. 3029 § 7, 2013).

8.04.190 Kennel license.

The annual license fee for kennels shall be those set forth in PMC 8.04.020. All such licenses are subject to all conditions and provisions of this chapter. (Ord. 2912 § 7, 2008; Ord. 2463 § 1, 1995; Ord. 1198 § 14, 1953. Formerly 8.04.200).

8.04.200 Violation – Punishment.

(1) Unless otherwise provided, a violation of any section within this title shall be punishable as a Class 1 civil infraction pursuant to RCW 7.80.120(1)(a) and shall be subject to the maximum penalty allowed thereunder or as hereinafter amended. The misrepresentation of service animals under PMC 8.04.270 shall be punishable as a Class 1 civil infraction pursuant to RCW 7.80.120(1)(a)(iii) and shall be subject to the maximum penalty allowed thereunder or as hereinafter amended.

(2) A person cited under PMC 8.08.045 shall be deemed to have committed a Class 2 civil infraction pursuant to RCW 7.80.120(1)(b), plus any applicable statutory assessments.

(3) If a person cited for a first offense under PMC 8.04.020 presents evidence of a valid license obtained subsequent to issuance of a citation or notice of infraction to the Puyallup municipal court, the infraction shall be dismissed without cost, except that the court may assess court administrative costs of $25.00 at the time of dismissal. (Ord. 3205 § 2, 2020; Ord. 3159 § 2, 2017; Ord. 3029 § 8, 2013; Ord. 2463 § 1, 1995).

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

(1) Report of Animal Disposition. Each animal shelter, kennel or pet shop shall maintain a list which is available upon request to the animal control authority, quarterly, based upon the calendar year, of all dogs and cats auctioned off, given away, sold or otherwise disposed of. The list shall include the origin, the age and type of dog or cat, and the name and address of the person to whom the dog or cat was given or purveyed.

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

(3) Unsanitary Conditions Unlawful. It is unlawful to keep, use or maintain within the city any animal shelter, kennel or pet shop that is unsanitary, nauseous, foul or offensive, or in any way detrimental to public health and/or safety and not in compliance therewith. Failure to comply with this section may be cause for revocation or denial of a business license or other license issued by the city to use, keep or maintain such animal shelter, kennel, or pet shop. (Ord. 3205 § 3, 2020).

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

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

(1) Housing facilities shall be provided for the animals and such shall be structurally sound and shall be maintained in good repair; shall be designed so as to protect the animals from injury; shall contain the animals; and shall restrict the entrance of other animals.

(2) Electric power shall be supplied in conformance with city and state electrical codes adequate to supply lighting and heating as may be required by this chapter. Water shall be supplied at sufficient pressure and quantity to clean indoor housing facilities and primary enclosures of debris and excreta.

(3) Suitable food and bedding shall be provided and stored in facilities adequate to provide protection against infestation or contamination by insects or rodents. Refrigeration shall be provided for the protection of perishable foods.

(4) Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, and debris. Disposal facilities shall be maintained in a sanitary condition, free from the infestation or contamination of insects or rodents or disease and from obnoxious or foul odors.

(5) Washroom facilities, including sinks and toilets with hot and cold running water, must be conveniently available for cleaning purposes, and a large sink or tub provided for the purpose of washing utensils, equipment and facilities.

(6) Sick animals shall be separated from those appearing healthy and normal and, if for sale, shall be removed from display and sale. Sick animals shall be kept in isolation quarters with adequate ventilation to prevent contaminating well animals.

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

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

(9) No person shall knowingly sell a sick or injured animal or bird.

(10) No person shall misrepresent an animal or bird to a consumer in any way. (Ord. 3205 § 4, 2020).

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

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

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

(2) Be adequately ventilated to provide for the health of animals contained therein and to assist in the removal of foul and obnoxious odors. Provision shall be made so that the volume of air within any enclosed indoor facility shall be changed three times or more each hour. This may be accomplished through the rotation and periodic opening of doors and windows. If fans or ventilating equipment are used, they shall be constructed in conformance with current standards of good engineering practice with respect to noise and minimization of drafts;

(3) Have sufficient natural or artificial lighting to permit routine inspection and cleaning at any time of day. In addition, sufficient natural or artificial lighting shall be supplied in the area of sinks and toilets to provide for the hygiene of animal caretakers;

(4) Have interior wall and ceiling surfaces constructed of materials which are resistant to the absorption of moisture and odors, or such surfaces shall be treated with a sealant or with paint when such materials are not originally resistant to moisture or odors. Floor surfaces shall not be made of unsealed wood. In addition, interior walls shall be constructed so that the interface with floor surfaces is sealed from the flow or accumulation of moisture or debris;

(5) Contain a drainage system which shall be connected to a sanitary sewer or septic tank system which conforms to the standards of building codes in force within the city and shall be designed to rapidly remove water and excreta in the cleaning of such indoor housing facility under any condition of weather or temperature; provided, this requirement shall not apply to pet shops. All indoor housing facilities for animals, fish, or birds shall be maintained in a clean and sanitary condition and a safe and effective disinfectant shall be used in the cleaning of such facilities;

(6) Conform with all applicable development standards of the city zoning code. (Ord. 3205 § 5, 2020).

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

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

(1) Be constructed to provide shelter from excessive sunlight, rain, snow, wind, or other elements. In addition, such facilities shall be constructed to provide sufficient space for the proper exercise and movement of each animal contained therein;

(2) Be constructed to provide drainage and to prevent the accumulation of water, mud, debris, excreta, or other materials and shall be designed to facilitate the removal of animal and food wastes;

(3) Be constructed with adequate walls or fences to contain the animals kept therein and to prevent entrance of other animals;

(4) Conform with all applicable development standards of the city zoning code. (Ord. 3205 § 6, 2020).

8.04.250 Rule and regulation promulgation.

The director is authorized to promulgate rules and regulations not in conflict with this chapter as they pertain to the conditions and operations of animal shelters, kennels, and pet shops. Such rules and regulations shall be enacted in accordance with city procedures for adopting such rules and regulations. The director or designee may, in addition to other penalties provided in this title, revoke, suspend or refuse to renew any license upon good cause or for failure to comply with any provision of this title. (Ord. 3205 § 7, 2020).

8.04.260 Habitual offender.

Any person who is found committed, singularly or in combination, two or more times in any municipal or district court, of any violation of this chapter within a five-year period shall be designated as a “habitual violator.” Any violation of this chapter by a “habitual violator” shall be a misdemeanor, punished by a maximum penalty of a fine not to exceed $1,000, or by imprisonment in jail not to exceed 90 days, or by both such fine and imprisonment. (Ord. 3205 § 8, 2020).

8.04.270 Misrepresentation of an animal as a service animal – Civil infraction – Investigation and enforcement.

(1) It shall be a civil infraction under PMC 8.04.200 for any person to misrepresent an animal as a service animal. A violation of this section occurs when a person:

(a) Expressly or impliedly represents that an animal is a service animal as defined in PMC 8.04.010(16) for the purpose of securing the rights or privileges afforded disabled persons accompanied by service animals set forth in state or federal law; and

(b) Knew or should have known that the animal in question did not meet the definition of a service animal.

(2)(a) Police, animal control officers, and those designated by the director may investigate and enforce this section by making an inquiry of the person accompanied by the animal in question and issuing a civil infraction. Refusal to answer the questions allowable under subsection (2)(b) of this section shall create a presumption that the animal is not a service animal and the officer or designated person may issue a civil infraction and require the person to remove the animal from the place of public accommodation.

(b) Police, animal control officers, and those designated by the director shall not ask about the nature or extent of a person’s disability, but may make two inquiries to determine whether an animal qualifies as a service animal: (i) if the animal is required because of a disability, and (ii) what work or task the animal has been trained to perform. Police, animal control officers, and those designated by the director shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, or require that the service animal demonstrate its task. Generally, police, animal control officers, and those designated by the director may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for a person with a disability, such as a dog observed guiding a person who is blind or has low vision, pulling a person’s wheelchair, or providing assistance with stability or balance to a person with an observable mobility disability. (Ord. 3205 § 9, 2020).