Chapter 6.05
ADMINISTRATION
Sections:
6.05.100 Animal control authority appointment.
6.05.200 General provisions and licensing – Adopted by reference.
6.05.300 Enforcement and procedures – Adopted by reference.
6.05.100 Animal control authority appointment.
The animal control authority of the city shall be the persons or legal entities employed by or under contract with the city to administer and enforce the provisions of this chapter. [Ord. 677 § 1 (Exh. A), 2017; Ord. 543 § 1 (Exh. A), 2010; Ord. 11 § 1, 1993]
6.05.200 General provisions and licensing – Adopted by reference.
(1) The following sections of Chapter 11.04 KCC, as now in effect, and as may be subsequently amended, are adopted by reference, except that, unless the context indicates otherwise, the word “county” and the words “King County” shall refer to the city, references to violations of the county code or county ordinances shall be deemed to be references to violations of city ordinances, references to KCC 21A shall be deemed to be references to BMC Title 19, and references to “animal care and control authority or section” shall be deemed to be references to the city of Burien for the purposes of the licensing responsibilities of Chapter 11.04 KCC and shall be deemed to be references to the city’s animal control entity and personnel for the purposes of the enforcement and inspection responsibilities of Chapter 11.04 KCC, and except that in KCC 11.04.035(A)(3), discounted pet licenses issued to seniors and disabled persons are good for the lifetime of the pet, and in KCC 11.04.520, the city may accept proof of sufficient rabies titer test results in place of rabies vaccination documentation:
KCC
11.04.010 Purpose and scope – Conflicts.
11.04.020 Definitions.
11.04.030 Pet licenses – Required –Issuance – Penalty – Fee use – Improper checks – Exceptions.
11.04.033 Animal shelter, kennel, grooming service, cattery and pet shop – General licenses –Requirements.
11.04.035 License fees and penalties.
11.04.050 Animal shelter, cattery, pet shop, grooming service and kennel license – Information required.
11.04.060 Hobby kennel or hobby cattery licenses – Required – Limitations – Requirements – Issuance and maintenance – Special hobby kennel license.
11.04.070 Animal shelters, kennels, hobby kennels, catteries, hobby catteries or pet shops – Reporting required.
11.04.080 Animal shelters, kennels, catteries, grooming service or pet shops – Inspections – Unsanitary conditions unlawful.
11.04.090 Animal shelters, kennels, grooming services, catteries, and pet shops – Conditions.
11.04.100 Animal shelters, kennels, catteries, grooming services, and pet shops – Indoor facilities.
11.04.110 Animal shelters, kennels, catteries, and pet shops – Outdoor facilities.
11.04.130 Grooming parlors – Conditions.
11.04.140 Animal shelters, hobby kennels, kennels, pet shops, grooming parlors, guard dog purveyors, guard dog trainers and guard dog owners – Additional conditions.
11.04.150 Licenses, registrations – Revocation, suspension or refusal to renew.
11.04.160 Licenses, registrations – Revocation or refusal waiting period.
11.04.165 Individual private animal placement permit – Required – Qualifications – Limitations – Inspection, denial and revocation.
11.04.167 Organizational private animal placement permit – Required qualifications – Limitations – Inspection, denial and revocation.
11.04.400 Mandatory spaying and neutering.
11.04.520 Rabies vaccination required.
11.04.550 Monitoring and reporting.
11.04.560 Public information education.
(2) Pet Shop License Exemption for Feed Stores for Seasonal Sales. Feed stores which sell live chickens, ducks, or rabbits on a seasonal or other temporary basis are exempt from obtaining a pet shop license under KCC 11.04.040. [Ord. 677 § 1 (Exh. A), 2017; Ord. 579 § 1, 2013; Ord. 543 § 1 (Exh. A), 2010; Ord. 227 § 1, 1998; Ord. 11 § 2, 1993]
6.05.300 Enforcement and procedures – Adopted by reference.
(1) The following sections of Chapter 11.04 KCC, as now in effect, and as may be subsequently amended, are adopted by reference, except that, unless the context indicates otherwise, the word “county” and the words “King County” shall refer to the city, references to violations of the county code or county ordinances shall be deemed to be references to violations of city ordinances, references to “animal care and control authority or section” shall be deemed to be references to the city’s animal control agency and personnel, and references to the King County board of appeals shall be deemed to be references to the city’s hearing examiner:
KCC
11.04.170 Enforcement power.
11.04.180 Violations – Deemed nuisance – Abatement.
11.04.190 Violations – Misdemeanor – Penalty.
11.04.200 Violations – Civil penalty.
11.04.210 Impounding.
11.04.220 Additional enforcement.
11.04.225 Additional enforcement – Cruelty to animals.
11.04.230 Nuisances defined.
11.04.235 Transfer of unaltered dogs and cats prohibited.
11.04.240 Unlawful acts against police department dogs.
11.04.250 Violations – unlawful acts – Cruelty to animals – database.
11.04.260 Violations – Notice and order.
11.04.270 Appeals.
11.04.280 Redemption procedures.
11.04.290 Vicious animals – Corrective action.
11.04.300 Civil penalty and abatement costs – Liability of owner.
11.04.310 Costs of additional enforcement.
11.04.330 Additional rules and regulations.
11.04.335 Waiver of fees and penalties.
(2) Removal of Animal Waste – Civil Penalty. It is a violation for any person to fail to remove the fecal matter deposited by an animal on public property before the person leaves the immediate area where the fecal matter was deposited. Any violation of this section is subject to a civil penalty in the amount of $250.00.
(3) A new subsection (B)(3) is to be added at the end of KCC 11.04.290, as adopted by reference pursuant to this section, with such new subsection to read as follows:
3. Any dog or other animal which inflicts severe injury on a human being without provocation on public or private property or kills a domestic animal without provocation while the dog or other animal is off the owner’s property is declared to be a public nuisance and shall not be kept within the corporate limits of the City of Burien forty-eight hours following the owner’s receipt of written notice from the city’s animal control authority. Such animal or animals found in violation of this section are hereby declared to be a public nuisance and may be impounded and disposed of as an unredeemed animal, and the owner or keeper of such animal(s) has no right to redeem such dog or animal. For purposes of this subsection, the terms “Unprovoked,” “Severe Injury” and “Injury” shall have the following meanings:
“Unprovoked” means that an animal is not “provoked.” An animal is “provoked” if the animal was being tormented, physically abused or hurt at the time of the incident. An animal also is “provoked” if a reasonable person would conclude that the animal was defending itself, its owner or an immediate family member of its owner, or another person within its immediate vicinity from an actual assault or was defending real property belonging to its owner or an immediate family member of its owner from a crime being committed on the owner’s property at that time. An animal is not “provoked” if the victim is alleged to have provoked the animal and the victim is less than six (6) years old.
“Severe injury” means any injury that results in broken bones, disfiguring lacerations requiring multiple sutures (or according to a licensed physician would have required sutures) or cosmetic surgery, or causes a permanent impairment of the physical condition that limits one or more of the major life activities of such individual. It also means transmittal of an infectious or contagious disease by an animal.
“Injury” means any physical injury that causes physical pain or the impairment of the physical condition including, but not limited to, cuts, scrapes, bruises or punctures.
[Ord. 677 § 1 (Exh. A), 2017; Ord. 543 § 1 (Exh. A), 2010; Ord. 483 § 1, 2007; Ord. 11 § 3, 1993]
6.05.400 Appeals.
The city’s hearing examiner is designated to hear appeals and to review determinations relating to licensing and to violations of city animal control ordinances, in accordance with KCC 11.04.270. [Ord. 677 § 1 (Exh. A), 2017; Ord. 543 § 1 (Exh. A), 2010; Ord. 11 § 4, 1993]
6.05.500 Violation – Penalty.
Any person who allows an animal to be maintained in violation of this title, or otherwise violates or fails to comply with any requirement of this title, shall be guilty of a violation of a city ordinance, which violation shall constitute a gross misdemeanor. [Ord. 677 § 1 (Exh. A), 2017; Ord. 561 § 2 (Exh. A), 2012; Ord. 543 § 1 (Exh. A), 2010; Ord. 11 § 11, 1993]