Chapter 9.18
REGULATIONS
Sections:
9.18.030 Redemption of animals subject to cruelty – Requirements.
9.18.060 Wild or exotic animals.
9.18.070 Sale or giving away of unaltered dogs and cats.
9.18.080 Advertisement for unaltered dogs and cats.
9.18.090 Possession of another’s animal.
9.18.110 Animal declared a public nuisance – Abatement.
9.18.130 Compliance with FWRC 9.18.140 through 9.18.180 required.
9.18.140 Hobby kennel or hobby cattery.
9.18.170 Indoor housing facilities.
9.18.010 Statutes adopted.
Chapter 16.52 RCW in its entirety and all future amendments are hereby adopted by reference. In the case of a conflict between Chapter 16.52 RCW and this title, the provisions of this title shall control.
(Ord. No. 10-661, § 23, 6-1-10.)
9.18.020 Cruelty violations.
It is unlawful for a person to:
(1) Abandon a domestic animal by dropping off or leaving such animal on the street, or in any other public place, or on the private property of another;
(2) Willfully run down with a vehicle an animal. A person who kills or injures an animal while driving a vehicle shall stop at the scene of the accident and shall render such assistance as is reasonable, shall make a reasonable effort to locate and identify himself to the owner or keeper of the animal, and shall report the accident immediately to the police department;
(3) Sell or offer for sale or to give away living baby rabbits, chicks, ducklings, or other fowl that are under two months of age or that have been dyed or colored, or otherwise treated so as to have an artificial color, but this subsection shall not be construed so as to prohibit the sale or display of natural baby rabbits, chicks, ducklings, or other fowl in proper brooder facilities by hatcheries or stores engaged in selling them for commercial purposes.
(4) No person shall leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.
(a) A law enforcement officer or animal services officer is authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort to locate the owner or other person responsible.
(Ord. No. 11-688, § 2, 4-5-11; Ord. No. 10-661, § 23, 6-1-10.)
9.18.030 Redemption of animals subject to cruelty – Requirements.
The animal services authority shall have authority to impound an animal maintained in violation of FWRC 9.18.010 or FWRC 9.18.020 and shall hold such animal for at least 72 hours after proper notification of the owner or keeper. Redemption of such an animal shall be permitted only after payment of all costs and fees incurred and upon the written agreement of the owner or keeper to take such actions as are necessary to prevent reoccurrence of the violation; provided, that the violation of such agreement of release is unlawful and shall subject the animal involved to impounding without right of redemption to the owner or keeper. Such animal shall be retained under city control until the abatement procedure in Chapter 1.15 FWRC has been complied with.
(Ord. No. 10-661, § 23, 6-1-10.)
9.18.040 Fowl and rabbits.
It is unlawful for any person to sell, offer for sale, barter or give away any fowl under three weeks of age or any rabbit under two months of age as a pet, toy, premium or novelty, or to color, dye, stain or otherwise change the natural color of any such fowl or rabbit.
(Ord. No. 10-661, § 23, 6-1-10.)
9.18.050 Livestock.
It is unlawful for any person to permit any livestock to run at large.
(Ord. No. 10-661, § 23, 6-1-10.)
9.18.060 Wild or exotic animals.
(1) No person shall have, keep, or maintain, in an area of the city, a live monkey (nonhuman primate), lion, tiger, bear, cougar, mountain lion, badger, wolf, coyote, fox, lynx, or a poisonous reptile or serpent, or any other dangerous, carnivorous, wild, or exotic animal or reptile.
(2) For the purpose of this section, the following terms shall have the following meanings:
(a) “Exotic” means animals of foreign origin and that are not native by birth to this community.
(b) “Wild” means an animal that generally lives in its original natural state and is not normally domesticated.
(3) Such animals will be allowed to enter or remain in the city on the condition that a permit is obtained from the animal services authority. Such permit shall only be granted upon a showing by the applicant that adequate safeguards have been instituted and will be maintained which will effectively control the dangerous or vicious propensities of such animal or reptile, eliminating danger to individuals or property and providing that the keeping or maintaining of such animal will in no way constitute a nuisance to the occupants of surrounding property.
(4) No person owning or having charge, custody, control, or possession of an animal specified in subsection (1) of this section, shall permit the same to run at large upon any street or other place, public or private or within the premises of such person, in such a manner as to endanger a person lawfully entering such premises.
(5) Subsection (1) of this section shall not apply to a person keeping or maintaining or having in his possession or under his control an animal defined in that subsection when such person is transporting such animal through the city; provided, that he has taken adequate safeguards to protect the public and has notified the chief of police of his proposed route and of the time that such trip is to take place; nor shall subsection (1) of this section apply to a person who has custody of such animals in connection with the operation of a zoo or circus or in connection with a program of medical or scientific research; provided, such person has taken adequate measures to safeguard persons and property. Whether measures taken to safeguard the public pursuant to this section are adequate shall be determined solely by the chief of police or his authorized agent.
(Ord. No. 10-661, § 23, 6-1-10.)
9.18.070 Sale or giving away of unaltered dogs and cats.
It is a violation of this title to sell or give away any unaltered dog or unaltered cat in any public place or to auction off or raffle any unaltered dog or unaltered cat as a prize or gift.
(Ord. No. 10-661, § 23, 6-1-10.)
9.18.080 Advertisements for unaltered dogs and cats.
No person in the city shall publish or advertise to Federal Way residents the availability of any unaltered cat or dog unless the publication or advertisement includes the unaltered animal’s license number or the animal’s juvenile license number; provided, however, that nothing in this title shall prohibit licensed breeders from advertising in national publications for sale of a planned litter or litters.
(Ord. No. 10-661, § 23, 6-1-10.)
9.18.090 Possession of another’s animal.
Anyone having in his possession an animal not owned by him, without consent of the lawful owner or custodian, shall immediately notify the animal services authority and release such animal to its officers on demand without charge.
(Ord. No. 10-661, § 23, 6-1-10.)
9.18.100 Public nuisances.
(1) The owner of any animal shall not allow such animal to be or become a public nuisance, do any act deemed a public nuisance, or otherwise violate this chapter.
(2) The following are declared to be public nuisances:
(a) Any dog running at large within the city is a public nuisance. This section does not apply when the dog is on the property of another person with the permission of the owner of the property; on public property designated to allow dog competitions sanctioned by national organizations; at animal shows, exhibitions or organized dog-training classes where at least 24 hours’ advance notice has been given to the animal services authority; or in an officially designated off-leash area of a city park during the designated times.
(b) An animal that enters any place where food is stored, prepared, served or sold to the public, or any other public building or hall, is a public nuisance. This section shall not apply to veterinary offices or hospitals, or to animal shows, exhibitions or organized dog-training classes where at least 24 hours’ advance notice has been given to the animal services authority.
(c) A female dog, while in heat, accessible to other male animals, except for controlled and planned breeding, is a public nuisance.
(d) An animal which chases, runs after, or jumps at vehicles using the public streets and alleys is a public nuisance.
(e) An animal which snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully using the public parks, sidewalks, streets, alleys or other public ways is a public nuisance.
(f) Any animal which has exhibited vicious propensities and which constitutes a danger to the safety of persons or property off the premises of its owner or lawfully on such premises is a public nuisance. A vicious animal or animal with vicious propensities which runs at large at any time, or such an animal off the owner’s premises not securely leashed or confined and in the control of a person of suitable age and discretion to control or restrain such an animal, is a public nuisance.
(g) An animal which howls, yelps, whines, barks or makes other oral noises, in such a manner as to disturb any person or neighborhood to an unreasonable degree, is a public nuisance.
(h) Any domesticated animal which enters upon another person’s property without the permission of that person.
(i) Animals staked, tethered or kept on public property without prior written consent of the animal services authority.
(j) Animals on any public property and not under the control of the owner or other competent person.
(k) Animals kept, harbored or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian.
(l) Animals running in packs.
(m) Any animal which enters a public playground or school ground without permission from the school.
(n) Pet owners must remove all fecal material deposited by their pets on property they do not own, including neighbors’ yards, city parks, school property, public rights-of-way, etc. Each person in control of the pet must have materials to remove and dispose of in a sanitary manner feces left by their pet when they are off their own property.
(3) This section does not apply to service animals.
(Ord. No. 11-688, § 3, 4-5-11; Ord. No. 10-661, § 23, 6-1-10.)
9.18.110 Animal declared a public nuisance – Abatement.
An animal that has been the subject of three convictions of a violation of this chapter in a period of 365 days or an animal that bites or attacks a person or persons without provocation twice within a five-year period is a public nuisance and may be required to be removed from within the city. If deemed necessary, the animal services authority shall follow the procedures set out in Chapter 1.15 FWRC in order to abate such animal. After the completion of such abatement procedures, an animal subject to removal from the city as provided in this section that is found within the city shall be impounded and treated as an unredeemed animal with no right of redemption by its owner or keeper.
(Ord. No. 11-688, § 4, 4-5-11; Ord. No. 10-661, § 23, 6-1-10.)
9.18.120 Rabies control.
(1) It is unlawful for the owner of an animal, when notified that such animal has bitten a person or has injured a person as to cause an abrasion of the skin, to sell, give away, or permit or allow such animal 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 occurrence of such bite or abrasion to immediately place such animal in a duly licensed veterinary hospital for at least 15 days or to deliver such animal to the police department or their agent for such placement; provided, upon authorization of a licensed veterinarian, such animal may be released to the custody of its owner or keeper upon the owner or keeper’s undertaking to keep the same securely chained and confined to the premises of the owner or keeper and segregated from other animals during such observation period. A member of the police department or agent thereof receiving such animal shall immediately convey the animal to a veterinary hospital where such animal shall be securely confined for a period of at least 15 days. In case such animal is delivered to a veterinary hospital by the owner or keeper, the owner or keeper shall immediately furnish notice thereof to the chief of police. A veterinary hospital, upon the receipt of such animal, shall submit to the chief of police a certificate stating that the animal either:
(a) Shows no symptoms of rabies; or
(b) Shows symptoms of rabies.
At the expiration of the 15-day period of confinement and upon release of such animal because not rabid, a veterinary hospital shall submit to the chief of police a second certificate stating that the animal has been found not to be rabid and has been released. A licensed veterinarian releasing such animal to its owner or keeper for confinement during the observation period shall at the end of the 15-day period submit a report to the chief of police as to the condition of such animal.
(2) Costs of maintaining an animal in a veterinary hospital shall be paid by the owner.
(3) If a fierce, dangerous, or vicious animal cannot be safely taken up and impounded, such animal may be euthanized by the police department or any of its officers or agents.
(4) In cases where an animal that has bitten a person or caused an abrasion of the skin is euthanized by an officer, and a period of less than 15 days has elapsed since the day the animal bit a person or caused an abrasion of the skin of a person, it is the duty of the chief of police or his authorized agent to deliver the brain of such animal to the laboratory of the State Department of Health.
(5) Whenever rabies among dogs becomes prevalent in western Washington, the county or in the city, or whenever western Washington, the county or the city are declared to be under a rabies quarantine, the mayor may order every dog within the city inoculated, may order all dogs muzzled unless confined within a pen, and may make such other orders as may be necessitated to protect the public from this health hazard. During the time such orders are in force, the chief of police and his officers may be ordered by the mayor to euthanize dogs found running at large.
(6) For the purposes of this section, a King County animal control center and the Pierce County Humane Society qualify as duly licensed veterinary hospitals.
(Ord. No. 11-684, § 10, 1-18-11; Ord. No. 10-661, § 23, 6-1-10.)
9.18.130 Compliance with FWRC 9.18.140 through 9.18.180 required.
All kennels, pet shops, pet daycares, catteries, shelters, hobby kennels and hobby catteries shall at all times be in a condition of full compliance with the applicable requirements of FWRC 9.18.140 through 9.18.180. Failure to be in full compliance with the applicable requirements FWRC 9.18.140 through 9.18.180 is unlawful and shall constitute a public nuisance and as such shall be subject to the abatement procedures of this chapter. Failure to maintain the establishment in full compliance shall be grounds for revocation of any license issued.
(Ord. No. 10-661, § 23, 6-1-10.)
9.18.140 Hobby kennel or hobby cattery.
(1) Limitation on number of dogs and cats allowed. The director may limit the total number of dogs and cats over six months of age kept by a hobby kennel and/or hobby cattery based on the following guidelines:
(a) Animal size;
(b) Type and characteristics of the breed;
(c) The amount of lot area; provided, that the maximum number shall not exceed 25 where the lot area contains five acres or more; the maximum number shall not exceed 10 where the lot area contains 35,000 square feet but less than five acres;
(d) The facility specifications/dimensions in which the dogs and cats are to be maintained;
(e) The zoning classification in which the hobby kennel and/or hobby cattery would be maintained.
(2) Limitation on reproduction. The hobby kennel and/or hobby cattery shall limit dog and cat reproduction to no more than one litter per license year per female dog and two litters per license year per female cat.
(3) Limitation on advertising. The hobby kennel and/or hobby cattery shall not have signs, displays or other visual representations not already permitted in the zone.
(4) Immunization. Each dog and cat in the hobby kennel and/or hobby cattery shall have current and proper immunization from disease according to the dog’s and cat’s species and age. Such shall consist of DHLPP inoculation for dogs over three months of age and FVRCP for cats over two months of age, and rabies inoculations for all dogs and cats over six months of age.
(5) Compliance. All hobby kennel and hobby catteries shall comply with the provisions of this chapter and any applicable zoning regulations, including Chapter 19.260 FWRC.
(Ord. No. 10-661, § 23, 6-1-10.)
9.18.150 Animal shelters, kennels, hobby kennels, catteries, hobby catteries, pet daycares and pet shops – Reporting requirements, inspections – Sanitation.
(1) Reporting required. Each animal shelter, hobby kennel, kennel, cattery, hobby cattery, pet daycare or pet shop shall provide a list to the animal services authority of all dogs and cats given away or sold to the animal services authority quarterly based upon the calendar year. The list shall contain 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 sold.
(2) Inspection. It shall be the duty of the director of the Seattle-King County department of public health or the animal services authority to make or cause to be made such inspections as may be necessary to ensure compliance with FWRC 9.18.150 through 9.18.180. The owner or keeper of an animal shelter, hobby kennel, kennel, cattery, grooming service, pet daycare or pet shop shall admit to the premises for the purposes of making an inspection, any officer, agent or employee of the Seattle-King County department of health or animal services authority at any reasonable time that admission is requested.
(3) Sanitation. It is unlawful to keep, use or maintain within the city any animal shelter, hobby kennel, kennel, cattery, grooming services, pet daycare 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 with Chapter 9.09 FWRC and/or FWRC 9.18.140 through 9.18.180. Violation of this subsection may be cause for revocation or denial of such license.
(Ord. No. 10-661, § 23, 6-1-10.)
9.18.160 Animal shelters, kennels, hobby kennels, catteries, hobby catteries and pet shops – General conditions.
Animal shelters, hobby kennels, kennels, catteries and pet shops shall meet the following conditions:
(1) Housing facilities shall be provided the animals and shall be structurally sound, maintained in good repair, designed to protect them from injury, 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 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 and 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 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 keep from contaminating well animals.
(7) There shall be an employee on duty at all times during hours any store is open whose responsibility shall be the care and welfare of the animals in that shop or department held for sale or display.
(8) An employee or owner shall come in to feed, water and do any necessary cleaning of animals and birds on days the store or 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.
(11) Adequate care and feeding instructions must be given to each purchaser of an animal and must be in writing.
(Ord. No. 10-661, § 23, 6-1-10.)
9.18.170 Indoor housing facilities.
Animal shelters, hobby kennels, kennels, catteries, grooming services, pet daycares and pet shops which have indoor housing facilities for animals and birds shall:
(1) Be sufficiently heated or cooled to protect the 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 the volume of air within any enclosed indoor facility shall be changed three times or more each hour. This may be accomplished through the location 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, ceiling and floor 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; and
(5) Contain a drainage system which shall be connected to a sanitary sewer or septic system which conforms to the standards of building codes now 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 conditions of weather to temperature; provided, this requirement shall not apply to hobby kennels and 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.
(Ord. No. 10-661, § 23, 6-1-10.)
9.18.180 Outdoor facilities.
Animal shelters, hobby kennels, kennels, catteries, pet daycares 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; and
(3) Be constructed with adequate walls or fences to contain the animals therein and to prevent entrances of other animals.
(Ord. No. 10-661, § 23, 6-1-10.)
9.18.190 Grooming parlors.
(1) Grooming parlors shall:
(a) Not board animals but keep only dogs and cats for a reasonable time in order to perform the business of grooming;
(b) Provide such restraining straps for a dog or cat while it is being groomed so that such animal shall neither fall nor be hanged;
(c) Sterilize all equipment after each dog or cat has been groomed;
(d) Not leave animals unattended before a dryer;
(e) Not prescribe a treatment or medicine that is the province of a licensed veterinarian as provided in RCW 18.92.010;
(f) Not put more than one animal in each cage.
(2) All floors and walls in rooms, pens and cages used to retain animals or in areas where animals are clipped, groomed or treated must be constructed of water-impervious material that can be readily cleaned, and must be maintained in good repair.
(3) Hot and cold water must be conveniently available and a large sink or tub of a minimum size of 24 inches by 18 inches by 12 inches must be provided.
(4) Toilet and handwashing facilities with hot and cold running water must be conveniently available for personnel employed.
(5) Only equipment necessary to the operation of the licensed establishment shall be kept or stored on the premises and shall be stored in a sanitary and orderly manner.
(6) All cages, pens or kennels used for holding animals shall be kept in a clean and sanitary condition and must be disinfected on a routine basis.
(Ord. No. 10-661, § 23, 6-1-10.)