Chapter 9.05
ADMINISTRATION AND ENFORCEMENT1
Sections:
9.05.030 Authority of director.
9.05.060 Personal obligations.
9.05.070 Costs of enforcement.
9.05.080 Waiver of fees and penalties.
9.05.090 Additional enforcement.
9.05.130 Release from confinement.
9.05.200 Authority to enforce.
9.05.220 Obstruction of officers.
9.05.350 Impoundment authorized.
9.05.360 Redemption procedures.
9.05.370 Spaying or neutering of dog or cat impounded more than once.
9.05.380 Disposition of unredeemed animals.
9.05.390 Injured or diseased animals.
9.05.010 Definitions.
The definitions in this section apply throughout this title unless the context clearly requires otherwise.
“Abatement” means the termination of any violation by reasonable and lawful means determined by the director in order that the owner or a person presumed to be the owner shall comply with this title.
“Adult cat” means a cat of either sex, altered or unaltered, that has reached the age of 21 weeks.
“Adult dog” means a dog of either sex, altered or unaltered, that has reached the age of 21 weeks.
“Altered” means neutered or spayed.
“Animal” means any living creature except human beings, insects and worms.
“Animal services authority” means the animal services unit of the Federal Way police department acting alone or in concert with King County animal care and control and/or any city-contracted shelter for enforcement of the animal services laws of the city, county and state for the shelter and welfare of animals.
“Animal services officer” means any individual employed, contracted or appointed by the director for the purpose of aiding in the enforcement of this title or any other law or ordinance relating to the licensure of animals, control of animals or seizure or impoundment of animals, and includes any state or local law enforcement officer, sheriff or other employee whose duties in whole or in part include assignments which involve the seizure and impoundment of any animal. For the purposes of this title, this definition shall apply where a person charged with enforcement of this title is referred to as “officer” or “official.”
“Animal rescuer” means any individual who routinely obtains unwanted dogs or cats, ensures that they are spayed or neutered, and locates within 90 days an adoptive home for them. An extension of the 90 days may be granted by the animal services authority up to a maximum of six months if a dog or cat is pregnant, nursing, or injured and that condition is verified by a veterinarian.
“Bite” means to pierce the skin with the teeth, fangs, or mouthparts.
“Cattery” means a place where six 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 small animal hospital, clinic or pet shop.
“Dangerous dog” means any dog that, according to the records of the animal services authority:
(1) Has inflicted severe injury on a human being without provocation on public or private property;
(2) Has killed a domestic animal without provocation while off the owner’s property;
(3) 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;
(4) Has a known propensity, tendency or disposition to attack without provocation to cause injury or otherwise endanger humans and/or domestic animals based upon notice to the owner;
(5) Bites or attacks without provocation after prior notice to the owner; or
(6) Is defined as a “dangerous dog” under RCW 16.08.070.
“Director” means the Federal Way chief of police or designee.
“Domesticated animal” means those domesticated beasts including any dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep, hog or other animal made to be domestic.
“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 such loss of consciousness.
“Grooming parlor” or “grooming service” means any place or establishment, public or private, where animals are bathed, clipped or combed for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged.
“Harboring, keeping or maintaining a dog or cat” means performing any of the acts of providing care, shelter, protection, refuge, food or nourishment in such manner as to control the animal’s actions, or that the animal is treated as living at one’s house by the homeowner.
“Hobby cattery” means a noncommercial cattery at or adjoining a private residence where six or more adult cats are bred or kept for exhibition for organized shows or for the enjoyment of the species.
“Hobby kennel” means a noncommercial kennel at or adjoining a private residence where four or more adult dogs are bred or kept for hunting, training and exhibition for organized shows, field, working and/or obedience trials, or for enjoyment of the species.
“Juvenile” means any dog or cat, altered or unaltered, that is under the age of six weeks.
“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 small animal hospital, clinic or pet shop.
“Known propensity” means an inclination for behavior that the owner is or should be aware of.
“Leash” means a cord, rope, thong or chain not more than 20 feet in length by which an animal is controlled by the person accompanying it.
“Livestock” means cattle, hogs, sheep, goats, horses, llamas and other large grazing animals.
“Neutered” or “spayed” means a procedure performed by a licensed veterinarian meant to prevent conception by an animal.
“Owner” means any person having an interest or right of possession to an animal or any person having control, custody or possession of an animal, and includes but is not limited to the keeper or custodian of an animal. Any person residing at a location where an animal has been consistently residing shall be presumed to be the owner.
“Pack of dogs” means a group of two or more dogs running upon either public or private property not that of their owner in a state in which either their control or ownership is in doubt or cannot readily be ascertained, and when such dogs are not restrained or controlled.
“Pet daycare” means any commercial facility where four or more dogs or other pet animals are left by their owners for periods of supervised social interaction in play groups with other animals of the same species for the majority of the time the pets are at the facility during the hours the facility is open to the public.
“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 offers to sell, or rents such live animals to the public or to retail outlets.
“Police dog” means a dog used by a law enforcement agency and specially trained for law enforcement work.
“Potentially dangerous dog” means a dog the owner reasonably knows has aggressively bitten, attacked or endangered humans and/or domestic animals and includes but is not limited to any dog that meets the definition of “potentially dangerous dog” as defined by RCW 16.08.070.
“Proper enclosure” means a securely confined indoor area of the owner’s premises, or a securely enclosed and locked pen, kennel, or other exterior structure no less than six feet by 12 feet on the owner’s premises, suitable to prevent the entry of young children or human extremities and designed to prevent a potentially dangerous or vicious animal from escaping. Such pen, kennel, or other structure shall have secure sides and a secure top, and provide protection from the elements for the dog. If such pen, kennel, or structure has no bottom secured to the sides, the sides shall be embedded not less than two feet into the ground. Doors, windows, or other openings enclosed solely by wire or mesh screening shall not be considered a proper enclosure as defined in this section.
“Provocation” includes taunting, teasing, willfully causing undue pain and/or unlawful entry upon or into the owner’s property.
“Running at large” means to be off the premises of the owner and neither secured by a leash nor under control of the owner or other competent person.
“Service animal” means any animal trained or being trained for the purposes of assisting or accommodating a person’s sensory, mental, or physical disability and used for that purpose.
“Severe injury” means any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery.
“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 organization devoted to the welfare, protection and humane treatment of animals.
“Special hobby kennel license” means a license issued to pet owners, under certain conditions, who do not meet the requirements for a hobby kennel license, to allow them to retain only those specific dogs and cats then in their possession until such time as the death or transfer of such animals reduces the number they possess to the legal limit set forth in this title.
“Under control” means the animal is under voice-competent and/or signal control so as to thereby be restrained from approaching any bystander or other animal and from causing or being the cause of physical property damage when off a leash or off the premises of the owner.
“Vicious” means the act of or the propensity to do any act endangering the safety of any person, animal, or property, including but not limited to biting a human being, attacking human beings, or attacking domesticated animals without provocation.
(Ord. No. 11-688, § 1, 4-5-11; Ord. No. 10-661, § 2, 6-1-10; Ord. No. 09-592, § 1, 1-6-09; Ord. No. 08-574, § 1, 1-2-08; Ord. No. 07-573, § 3, 12-4-07; Ord. No. 06-530, § 1, 8-1-06; Ord. No. 06-527, § 1, 6-20-06; Ord. No. 92-153, § 2, 11-17-92; Ord. No. 90-30, § 2(A) – (N), (P) – (T), 2-13-90. Code 2001 § 4-1.)
Cross reference: Definitions and rules of construction generally, FWRC 1.05.020.
State law reference: Similar definitions, RCW 16.08.070, 16.52.010.
9.05.020 Purpose.
It is declared the public policy of the city to secure and maintain such levels of animal control as will protect human health and safety, and to the greatest degree practicable, prevent injury to property and cruelty to animal life. To this end, it is the purpose of this title to provide a means of licensing dogs, cats, animal shelters, kennels, grooming parlors, pet daycares and pet shops and to control errant animal behavior so that it shall not become a public nuisance, and to prevent cruelty to animals.
(Ord. No. 10-661, § 3, 6-1-10; Ord. No. 92-153, § 1, 11-17-92; Ord. No. 90-30, § 1, 2-13-90. Code 2001 § 4-2.)
9.05.030 Authority of director.
The director has the authority to adopt rules and regulations to carry out the provisions of this title, and has the authority to administer and enforce this chapter and any such rules or regulations. It is unlawful to violate or fail to comply with any provision of this chapter or any such rule or regulation.
(Ord. No. 10-661, § 4, 6-1-10; Ord. No. 09-592, § 2, 1-6-09; Ord. No. 92-153, § 59, 11-17-92; Ord. No. 90-30, § 44, 2-13-90. Code 2001 § 4-3.)
9.05.050 Civil penalty.
In addition to any other penalty, any person in violation of this title is subject to a civil penalty as outlined in Chapter 1.15 FWRC, not including fees, costs, and assessments. Costs include any abatement costs and other actual costs incurred by the animal services authority. The director may directly assess any civil penalty and, in a reasonable manner, may vary the amount 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. All civil penalties assessed will be enforced and collected in accordance with the procedure specified in this title or Chapter 1.15 FWRC. Animal services officers are authorized to issue civil infractions to enforce any violations of this title. The amount of a civil infraction under this section shall be the same as the civil penalty and shall be enforced under Chapter 1.15 FWRC. An owner is in violation of this title if they violate any provision of this title and when the owner’s animal is in violation of this title.
(Ord. No. 10-661, § 5, 6-1-10; Ord. No. 09-592, § 4, 1-6-09; Ord. No. 92-153, § 54, 11-17-92; Ord. No. 90-30, § 40, 2-13-90. Code 2001 § 4-5.)
9.05.060 Personal obligations.
The civil penalty and the cost of abatement are personal obligations of the violator or animal owner. The city may collect the civil penalty and the abatement costs through all appropriate legal remedies.
(Ord. No. 10-661, § 6, 6-1-10; Ord. No. 09-592, § 5, 1-6-09; Ord. No. 92-153, § 55, 11-17-92; Ord. No. 90-30, § 41, 2-13-90. Code 2001 § 4-6.)
9.05.070 Costs of enforcement.
In addition to costs and disbursements provided by state statute, the prevailing party in a collection action under this title may, in the court’s discretion, be allowed interest and reasonable attorneys’ fees on behalf of the city when the city is the prevailing party.
(Ord. No. 10-661, § 7, 6-1-10; Ord. No. 92-153, § 56, 11-17-92; Ord. No. 90-30, § 42, 2-13-90. Code 2001 § 4-7.)
9.05.080 Waiver of fees and penalties.
(1) The director has the authority to waive licensing fees, late licensing penalty fees, and redemption and sheltering fees, in whole or in part, when it would further the goals of the animal services unit and be in the public interest.
(2) In determining whether a waiver should apply, the director must take into consideration the following elements:
(a) The reason the animal was impounded;
(b) 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;
(c) The total amount of the fees charged as compared with the gravity of the violation; and
(d) The effect on the owner, the animal’s welfare and the animal control section if the fee(s) or penalties are not waived and no payment is received.
(Ord. No. 10-661, § 8, 6-1-10; Ord. No. 92-153, § 37, 11-17-92; Ord. No. 90-30, § 23, 2-13-90. Code 2001 § 4-8.)
9.05.090 Additional enforcement.
Notwithstanding the existence or use of any other remedy, the director may seek legal or equitable relief to enjoin any acts or practices and abate any conditions which constitute a violation of this title or other regulations adopted in this title.
(Ord. No. 10-661, § 9, 6-1-10; Ord. No. 92-153, § 58, 11-17-92; Ord. No. 90-30, § 43, 2-13-90. Code 2001 § 4-9.)
9.05.120 Exemptions.
The provisions of this title shall not apply to:
(1) All police dogs owned by a public law enforcement agency or its agents; or
(2) Dogs and cats in the custody of an animal facility registered or licensed by the United States Department of Agriculture and regulated by 7 United States Code 2131 et seq.
(Ord. No. 10-661, § 10, 6-1-10; Ord. No. 92-153, § 22, 11-17-92. Code 2001 § 4-21.)
9.05.130 Release from confinement.
No person other than the owner or person authorized by the owner of the animal shall release any animal from any confinement, vehicle or restraint unless such release is necessary for the immediate health and safety of the animal; provided, this section shall not apply to law enforcement officers and animal services or humane officers.
(Ord. No. 10-661, § 11, 6-1-10; Ord. No. 92-153, § 23, 11-17-92. Code 2001 § 4-22.)
9.05.200 Authority to enforce.
The director and authorized animal services officers and city law enforcement officers are authorized to take such lawful action as may be required to enforce the provisions of this title and the laws of the state as they pertain to animal cruelty, shelter, welfare and enforcement control. Notwithstanding any other provision, officers are authorized to use reasonable force and control when needed to protect the health and safety of persons or property and to enforce criminal laws.
(Ord. No. 10-661, § 12, 6-1-10; Ord. No. 09-592, § 11, 1-6-09; Ord. No. 92-153, § 28(A), 11-17-92; Ord. No. 90-30, § 18(A), 2-13-90. Code 2001 § 4-41.)
9.05.220 Obstruction of officers.
No person shall deny, prevent, obstruct or attempt to deny, prevent or obstruct any officer from pursuing any animal observed to be in violation of this title. No person shall fail to neglect, after a proper warrant has been presented, to promptly permit the director or authorized animal services officer or city law enforcement officer to enter private property to perform any duty imposed by this title.
(Ord. No. 10-661, § 13, 6-1-10; Ord. No. 92-153, § 28(C), 11-17-92; Ord. No. 90-30, § 18(C), 2-13-90. Code 2001 § 4-43.)
9.05.250 Violations.
Upon the complaint of a person, and after such complaint is verified by the animal services authority, the animal services authority shall commence proceedings to terminate the occurrence of a violation either by service of an infraction, by service of a citation, by the notice and order procedure set out in Chapter 1.15 FWRC and/or by the nuisance abatement procedure set out in Chapter 1.15 FWRC, as applicable. The standards of this title shall be followed by the animal services authority in determining the existence of violation of this title and in determining the enforcement action required.
(Ord. No. 10-661, § 14, 6-1-10; Ord. No. 09-592, § 15, 1-6-09; Ord. No. 92-153, §§ 29(A), 39(A), 11-17-92; Ord. No. 90-30, §§ 19(A), 25(A), 2-13-90. Code 2001 § 4-58.)
9.05.350 Impoundment authorized.
The animal services authority may impound any animal deemed to be a public nuisance, subject to cruel treatment, or as otherwise authorized in this title. Except as otherwise provided in this title, the animal services authority shall ascertain whether impounded animals are licensed or otherwise identifiable. Except as otherwise provided in this title, the animal services authority shall return the animal to the owner together with a notice of violation of this title, if reasonably feasible. If an animal is not returned, the animal services authority shall notify the owner within a reasonable time by regular mail or telephone that the animal has been impounded and may be redeemed. Any currently licensed animal impounded pursuant to this chapter shall be held for at least 120 hours after telephone contact by the impounding agency or for at least seven days after posting of the notification of impoundment by regular mail. If the animal services authority is unable to ascertain the animal’s owner, the animal shall be held at least 72 hours from the time of impoundment.
(Ord. No. 10-661, § 16, 6-1-10.)
9.05.360 Redemption procedures.
Any animal impounded pursuant to the provisions of this chapter may be redeemed upon payment of the redemption fee as provided for in the fee resolution. An additional fee as set forth in the fee resolution for each 24-hour period, or portion thereof, during which such dog or cat is retained by the impounding agency shall be made payable to the city or city-contracted shelter. The redemption fee for livestock per animal impound incident, plus any hauling or boarding costs due, are set forth in the fees on file in the police department. Livestock not redeemed may be sold at public auction by the impounding agency. The hauling and boarding costs for livestock impounded shall be in accordance with the rate established by contract with the city and the given stockyard used for holding such animal.
(Ord. No. 10-661, § 17, 6-1-10.)
9.05.370 Spaying or neutering of dog or cat impounded more than once.
An unaltered dog or cat impounded more than once shall be spayed or neutered by the animal services authority prior to the release of the dog or cat. The cost of the spay or neuter shall be charged to the owner upon redemption.
(Ord. No. 10-661, § 18, 6-1-10.)
9.05.380 Disposition of unredeemed animals.
Any animal impounded under this chapter and not redeemed shall be treated in one of the following ways:
(1) Made available for adoption for a fee.
(a) Any person may adopt an animal impounded pursuant to the provisions contained in this chapter when all billable costs, redemption fees, penalties and boarding costs incurred in such impoundment are made payable to the city or the appropriate city-contracted shelter.
(b) Any dog or cat adopted from the city’s contracted animal shelters shall be spayed or neutered prior to adoption.
(c) The director shall have the authority to set administrative rules regarding any city adoption program.
(2) Humanely destroyed by euthanasia.
(Ord. No. 10-661, § 19, 6-1-10.)
9.05.390 Injured or diseased animals.
Any animal suffering from serious injury or disease may be humanely destroyed, or, in the discretion of the impounding authority, may be held for a longer period and redeemed by any person on payment of charges not exceeding those prescribed in this chapter.
(Ord. No. 10-661, § 20, 6-1-10.)
9.05.400 Prohibited sales.
The animal services authority shall not sell any animals impounded under this chapter for the purpose of medical research to any research institute or any other purchasers.
(Ord. No. 10-661, § 21, 6-1-10.)
Cross reference: City government, FWRC Title 2.