Chapter 5.24
COMMERCIAL KENNEL OR CATTERY, HOBBY KENNEL, FOSTER KENNEL, PRIVATE KENNEL, GROOMING PARLOR, SHORT-TERM BOARDING FACILITY, OR PET SHOP
Sections:
5.24.050 Kennel, cattery, grooming parlor, short-term boarding facility, and pet shop fees.
5.24.070 Director – Power and duties.
5.24.080 Advertising limitations.
5.24.110 License suspension and revocation.
5.24.120 Appeal of license suspension or revocation.
5.24.010 Purpose.
This chapter is necessary to the peace, health, safety, and welfare of the people in the city of Fife and has as its purpose to provide for the humane care and treatment of animals; to provide for the control and regulation of facilities and kennels; to prevent nuisances; and to prevent endangerment of the health and safety of the public. (Ord. 1901 § 3, 2015).
5.24.015 Exemption.
The provisions of this chapter shall not apply to any facility which is owned, operated, or maintained by any city, county, state, or the federal government for the purpose of maintaining or possessing dogs. (Ord. 1901 § 3, 2015).
5.24.020 Definitions.
A. “Adult dog” and “adult cat” means any dog or cat past the age of seven months.
B. “Animal” means any live vertebrate creature, domestic or wild.
C. “Animal shelter” means any facility operated by the city of Fife or its authorized agents, for the purpose of impounding or caring for animals held under the authority of this chapter or of state law.
D. “Boarding kennel or cattery” means any premises wherein a person engages in the business of boarding cats and dogs for private pet owners, for all or part of a day, including pet sitting establishments, and short-term boarding facilities for purposes other than veterinary medical procedures and observation. Any boarding kennel or cattery engaging in the business of breeding, letting for hire, selling, bartering or giving any dogs and/or cats must be licensed as a commercial kennel or cattery.
E. “Commercial kennel or cattery” means any premises wherein a person(s) engages in the business of breeding and possibly boarding, letting for hire, selling, bartering, or giving away dogs and/or cats. All dogs and/or cats shall be included as part of the kennel for payment of fees.
F. “Enforcement agency” means city of Fife, or such organization as designated by contract, including the county auditor.
G. “Enforcement officer” means any city of Fife employee designated to enforce the provisions of this chapter, or the employee or agent of any other agency authorized to enforce the provisions of this chapter.
H. “Foster shelter/kennel/cattery” means any premises where at least six or more adult dogs and/or cats are kept and a person(s) provides temporary housing and care of owner released dogs/cats for the purpose of placing them into a permanent home.
1. Any person keeping more than 10 dogs and/or cats must provide kennel facilities.
2. Animals kept more than 60 days will be considered owned by the person housing the animal and must be licensed under FMC 6.04.020.
3. Persons providing temporary housing must comply with FMC 5.24.030.
I. “Grooming parlor” means any place or establishment, public or private, where animals are bathed, clipped, or combed for a consideration.
J. “Hobby kennel or cattery” means any premises where at least six but less than 20 adult dogs and/or cats are kept for hunting, breeding, exhibition, organized events, field working, or obedience trials. Any person(s) keeping more than 10 dogs and/or cats must provide kennel facilities. Any person(s) or premises which exceeds the numbers or engages in practices beyond the definition herein for a hobby kennel or cattery, as determined by the enforcement agency, shall be subject to penalties and/or be required to purchase the appropriate license. Note: The occasional selling of offspring shall not be construed as a commercial venture. All dogs and cats over the age of seven months shall be included as part of the kennel for payment of fees.
K. “Humane officer” is any person designated by the city as an animal care and control officer, qualified to perform such duties under the laws of this state.
L. “Impounding authority” means city of Fife or any organization appointed by the city to impound animals and handle and care for impounded animals.
M. “Licensing officer” means:
1. The city clerk; or
2. Any officer, agency or organization appointed or empowered by the city to register and license dogs and/or cats.
N. “Person” means any individual, firm, partnership, corporation, or unincorporated association.
O. “Pet shop” means any person or establishment that acquires animals (dogs, cats, birds, fish, rodents, reptilians, primates, insects, and any or all others) bred by others, whether as owner, agent, or on consignment, sells or boards any species of animals and offers to sell such animals to the public.
P. “Premises” includes a private house or dwelling.
Q. “Private kennel/cattery” means any premises where at least six but less than 20 altered adult dogs and/or cats are kept as pets and not used for any other purpose than companionship for their owners. All pets are to be altered.
R. “Temporary” as used in this chapter means less than 60 days.
S. “Short-term boarding facility” means any place of business or establishment that watches or houses animals for a fee for the owner. (Ord. 1901 § 3, 2015).
5.24.030 License requirement.
A. License Requirements – Generally. It shall be unlawful for any person to own, maintain, or have six or more dogs and/or cats, or operate a commercial kennel or cattery, boarding kennel/cattery, foster shelter/kennel/cattery, hobby kennel, grooming parlor, private kennel/cattery, short-term boarding facility, or pet shop, within the city of Fife without an applicable license as provided for by this chapter. Any person(s) who engages in more than one of the services or maintains more than one of the types of facilities cited in this section shall pay all appropriate license fees as provided in FMC 5.24.050. Licensed veterinarians who, in addition to veterinary medical services on the premises, provide the ancillary services of boarding, grooming, and foster care for their patients are exempt from the licensing requirements of this chapter. A noncommercial kennel with five or fewer dogs or cats must be licensed under FMC 6.04.020 and not under this chapter.
B. Transfer of License. If there is any change in ownership of any commercial kennel or cattery, boarding kennel/cattery, foster shelter/kennel/cattery, hobby kennel/cattery, grooming parlor, private kennel/cattery, short-term boarding facility, or pet shop, the new owner may have the current permit transferred to his or her name upon the payment of $75.00 transfer fee and upon the approval of the licensing officer, or the licensing officer’s designated agent. The transfer will be deemed approved if not rejected within 30 days from the date of the application.
C. Grounds for Denial. A permit or license may be denied for the following causes:
1. Conviction by the applicant of cruelty to animals.
2. Withholding or falsifying any information on the application.
D. Renewal. Upon compliance with FMC 5.24.040 and the tender of any fees required by FMC 5.24.050, the Pierce County auditor shall issue a renewal license, and the applicant for such license shall post such license in a conspicuous place upon the premises. A penalty fee of 100 percent of the license fee shall be assessed if the license application is not submitted by March 31st. Payment of this penalty shall not preclude the imposition of penalties prescribed in FMC 5.24.150 and 5.24.160.
E. License – Required Information. Every license shall state on its face the name of the owner and operator of the animal facility, the address, the maximum number of animals which can be kept in the facility at any one time, and the expiration date of the license. The number of animals which can be kept in the facility at any one time shall be determined by the city who inspected the premises, and may be modified by the city from time to time if the facility conditions change. The location of any kennel shall not be changed without prior permission of the licensing officer and such permission will be granted only after appropriate inspections have been conducted.
F. Records – Duty to Maintain. Every licensed person shall maintain records for three years (current year and past two years) on dogs and/or cats. Said records shall contain a list of the names and addresses of persons from whom animals are received and to whom animals are sold, traded, given away, or groomed. All animal transactions shall be listed on the records and these records shall be made available for inspection by the licensing officer and/or agent of the city at all reasonable times for a specific reason. (Ord. 1901 § 3, 2015).
5.24.040 Application.
A. Application – Generally. Application for a permit to establish a new license under the provisions of this chapter may be made at any time.
B. Application – Required Information. Any person applying for a license as required by this chapter shall submit to the licensing officer, or the officer’s designated agent, the following information:
1. The name and address of the person(s) owning the facility;
2. The name and address of the person(s) having the supervision of the facility;
3. The address or location of the facility;
4. The maximum number of dogs and/or cats or combination thereof which such facility will contain;
5. The name and address of the person designated by the applicant as agent for the service of legal process or notice;
6. A written statement issued by the Fife community development department that such commercial kennel or cattery, boarding kennel/cattery, foster shelter/kennel/cattery, hobby kennel/cattery, grooming parlor, private kennel/cattery, short-term boarding facility, or pet shop is in compliance with applicable zoning codes of the city;
7. A statement by the applicant giving permission for inspection of the facilities at any reasonable time;
8. A statement or permit from the Tacoma-Pierce County health department to ensure that adequate provisions for sanitary facilities can be provided;
9. If the applicant is a pet store, a list of all species of animals, i.e., dogs, cats, birds, reptiles, primates, insects, fish, rodents, and any or all others, that are to be sold;
10. The name and address of the licensed veterinarian who cares for the applicant’s sick or injured animals;
11. Proof that the application indicates the appropriate type of kennel category (commercial kennel or cattery, boarding kennel/cattery, foster shelter/kennel/cattery, hobby kennel/cattery, grooming parlor, private kennel/cattery, short-term boarding facility, or pet shop). Proof may be in the form of a business license, a bona fide membership in a purebred animal club, or other such evidence acceptable to the licensing officer. (Ord. 1901 § 3, 2015).
5.24.050 Kennel, cattery, grooming parlor, short-term boarding facility, and pet shop fees.
The application for a commercial kennel or cattery, foster shelter/kennel/cattery, boarding kennel/cattery, hobby kennel/cattery, grooming parlor, private kennel/cattery, short-term boarding facility, or pet shop license as required by this chapter shall be accompanied by a fee as follows:
|
Commercial Kennel or Cattery |
$250.00 |
|
Boarding Kennel or Cattery |
$200.00 |
|
Foster Shelter/Kennel/ |
$75.00 if all altered, $150.00 if not |
|
Hobby Kennel/Cattery (6 to 20 dogs and/or cats) |
$150.00 |
|
Grooming Parlor |
$100.00 |
|
Pet Shop |
$200.00 |
|
Private Kennel/Cattery |
$150.00 |
|
Short-Term Boarding Facility |
$200.00 |
Any person who has a change in the category under which a permit was issued shall be subject to reclassification and an appropriate adjustment of the permit fee. If the license is denied, no part of the application fee shall be refunded to the applicant. (Ord. 1901 § 3, 2015).
5.24.060 License.
Upon compliance with FMC 5.24.040 and the tender of any fees as required by FMC 5.24.050, the Pierce County auditor shall issue a license for such commercial kennel or cattery, boarding kennel/cattery, foster shelter/kennel/cattery, hobby kennel/cattery, grooming parlor, private kennel/cattery, short-term boarding facility, or pet shop.
A. Duty to Comply. The licensee shall comply with all standards, rules and regulations set forth in this chapter throughout the licensing period.
B. Duty to Post. The licensee shall post such license in a conspicuous place upon the premises where such commercial kennel or cattery, boarding kennel/cattery, foster shelter/kennel/cattery, hobby kennel/cattery, grooming parlor, private kennel/cattery or pet shop is maintained.
C. Duty to Offer “New or Juvenile” Dog/Cat Licenses. The licensee shall have the free, 90-day, “new or juvenile” dog/cat licenses to offer clients.
D. Distribution. The licensing officer will distribute each license to the following agencies:
1. Fire department.
2. Building inspector.
3. Community development department.
4. Tacoma-Pierce County health department. (Ord. 1901 § 3, 2015).
5.24.070 Director – Power and duties.
A. The city shall promulgate such standards, rules, and regulations as are necessary for the operation of this chapter. The standards for inspections are attached hereto and made a part by reference herein. These standards, rules, and regulations shall be developed in conjunction with one representative from each group covered under this chapter and a representative from departments listed in FMC 5.24.060(D). These standards, rules, and regulations shall be updated at least annually and shall include but are not limited to the following:
1. Sanitation and safety regulations;
2. Minimum standards for food and water;
3. Standards for facility construction and maintenance;
4. Classification and separation of animals;
5. Requirements for veterinarian care;
6. Pet license tag requirements.
B. A copy of the standards, rules, and regulations promulgated by the city shall be furnished to each applicant for a license or license renewal.
C. Initial application for any of the licenses covered under this chapter shall be provisional and will be issued after the applicant complies with these regulations and any rules and regulations that may subsequently be formulated. The applicant must be in total compliance with the rules and regulations at the end of six months or within a correction time schedule for compliance with this chapter. (Ord. 1901 § 3, 2015).
5.24.080 Advertising limitations.
No hobby kennel or private kennel/cattery shall have signs, displays, or other visual representation advertising animals for sale or breeding. (Ord. 1901 § 3, 2015).
5.24.090 License expiration.
Each license issued under the authority and provisions of this chapter shall expire on December 31st of the year of issuance. (Ord. 1901 § 3, 2015).
5.24.100 License renewal.
All license renewals shall be processed in the same manner as the original application except that a written statement from the community development department and the Tacoma-Pierce County health department, as required in FMC 5.24.040(B)(6) and (8), will not be required. License renewals shall require the applicant to prove that the facility is still used for the same category of kennel activity (commercial kennel or cattery, foster shelter/kennel/cattery, hobby kennel, grooming parlor, private kennel/cattery, short-term boarding facility, or pet shop). Proof may be in the form of a business license, a bona fide membership in a purebred animal club, or other such evidence acceptable to the licensing officer. (Ord. 1901 § 3, 2015).
5.24.110 License suspension and revocation.
Any license issued for commercial kennel or cattery, foster shelter/kennel/cattery, hobby kennel, grooming parlor, private kennel/cattery or pet shop under the provisions of this chapter shall be subject to suspension or revocation if Pierce County determines that such commercial kennel or cattery, foster shelter/kennel/cattery, hobby kennel, grooming parlor, private kennel/cattery, short-term boarding facility, or pet shop is being operated in violation of this chapter, but only after a fair and impartial hearing before the hearing examiner. (Ord. 1901 § 3, 2015).
5.24.120 Appeal of license suspension or revocation.
Within 30 days after the hearing, as provided in FMC 5.24.110, the hearing examiner shall notify the applicant or the holder of the license, in writing, of the determination and the reasons therefor. The sole method of judicial review from a decision of the Fife hearing examiner shall be before the superior court for Pierce County. Notice of appeal shall be filed with the clerk of the court within 10 days of the action or decision by which a person is aggrieved. Any person whose license or permit is revoked shall, within 30 days thereafter, humanely dispose of all animals owned, kept, or harbored by such person, or be sold, or given away, and no part of the permit or license fee shall be refunded. (Ord. 1901 § 3, 2015).
5.24.130 Inspection.
It shall be a condition of the issuance of any permit or license that the city be permitted to inspect all animals, and the premises where animals are kept, at reasonable intervals to protect the health and safety of the animals and of the community. If permission for such inspection is refused, the permit or license of the refusing owner may be revoked. An enforcement officer shall have the authority to enter the premises if a permit or license holder is keeping animals in his/her own residence. (Ord. 1901 § 3, 2015).
5.24.140 Impoundment.
An enforcement officer may impound any animal that is disabled or diseased because of neglect, abuse, or improper care, or whose condition constitutes a threat or danger to the public health or safety. (Ord. 1901 § 3, 2015).
5.24.150 Civil remedy.
Whenever a violation of the provisions of this chapter constitutes a public nuisance, the city attorney may bring action on behalf of the city or the enforcement agency, for abatement, damages, and/or mandatory or prohibitory relief as provided for by law. (Ord. 1901 § 3, 2015).
5.24.160 Criminal penalty.
Any person convicted of a violation of this chapter shall be deemed guilty of a misdemeanor, and in addition to any other remedies or penalties specifically provided for herein, may be punished by a fine of not more than $250.00, or by imprisonment not to exceed 90 days in the jail, or both such fine and imprisonment. (Ord. 1901 § 3, 2015).
5.24.170 Compliance.
Compliance with the provisions of this chapter shall not be deemed compliance with, or eliminate the necessity for compliance with, other applicable provisions of the laws of the state of Washington or of the city of Fife. (Ord. 1901 § 3, 2015).