Chapter 6.07 ANIMAL CONTROL

(1) It is hereby declared the public policy of Jefferson County to encourage, secure and enforce those animal control measures deemed desirable and necessary, for the protection of human health, safety and welfare, and to the greatest degree practicable, to prevent injury to property and cruelty to animal life.

(2) It is the purpose of this chapter to: provide for a dog control zone for licensing of dogs and cats; set standards for the humane use, care and treatment of animals; control animal behavior so that it shall not constitute a nuisance; and provide for the enforcement of county code and state law as pertains to animals. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A)]

6.07.020 Definitions.

In construing provisions of this chapter, except where otherwise plainly declared or clearly apparent from the context, words used in this chapter shall be given their common and ordinary meaning and in addition, the following definitions shall apply:

(1) “Abatement” means the termination of any violation by reasonable and lawful means determined by the animal control officer in order that a person or persons presumed to be the owner or keeper shall comply with this chapter.

(2) “Adult dog” means any dog which is six months old or older.

(3) “Animal” means any amphibian, bird, nonhuman mammal, or reptile.

(4) “Animal control” or “Jefferson County animal control” means the function of Jefferson County government created by the county commission to administer and enforce the provisions of this chapter, any applicable provisions of RCW Title 16 and any other laws or regulations regulating the control and care of animals, said function to be staffed per the direction of the county commission.

(5) “Animal control officer” means any person designated and duly authorized pursuant to Chapter 16.52 RCW, or commissioned by the sheriff, for the purpose of administering or aiding in the enforcement of this chapter, any applicable provisions of RCW Title 16, and any other laws or regulations regulating the control and care of animals, acting solely within the scope of that authorization or commission.

(6) “Animal shelter” or “shelter” means any facility(ies) designated by the county to house or contain stray, homeless, abandoned, impounded or unwanted animals, and which is owned, operated or maintained by a public body, or by an established humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit organization designated by the county, which is devoted to the welfare, protection, and humane treatment of animals.

(7) “Animal welfare facility” or “welfare facility” means a facility other than an animal shelter that controls, rescues, shelters, cares for, adopts out, or disposes of stray, homeless, abandoned, or unwanted animals, and which is owned, operated or maintained by an organization registered with the Washington Secretary of State’s Office as a nonprofit 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.

(8) “At large” means physically off the premises of the owner, handler, or keeper, and not secured by a leash eight feet or less in length and in the physical control of the owner or owner’s designee, provided, “at large” does not include dogs exhibited in dog shows, field trials, obedience trials, or the training of dogs therefor; or the use of a dog under the supervision of a person to hunt, to chase or tree predatory animals or game birds; or the use of a dog to control or protect livestock or property or in other agricultural activities; or a dog when otherwise safely and securely confined or completely controlled within or upon any vehicle; or under control of a competent person in a designated off-leash area; or dogs on duty for a law enforcement agency.

(9) “Bite” means the use of teeth to break the skin of a person or the skin or hide of an animal.

(10) “Cat” means a domesticated Felis catus.

(11) “Commercial kennel” means a place where five or more dogs (over six months of age) or five or more nonferal cats (over six months of age) are boarded, bred, bought, sold, exhibited or trained for profit on a regular basis, or that produces for sale more than two litters of dogs per year or more than two litters of cats per year; but not including a pet shop, animal shelter, animal welfare facility, or veterinary clinic/hospital where boarding is incidental to treatment.

(12) “Dangerous dog” means:

(a) Any dog that (i) inflicts severe injury on a human being without provocation on public or private property; (ii) kills a domestic animal or livestock without provocation while the dog is off the owner’s or keeper’s property; or (iii) has previously been found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans (RCW 16.08.070(2)).

(b) Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who: (i) at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog; (ii) was tormenting, abusing or assaulting the dog; (iii) has, in the past, been observed or reported to have tormented, abused, or assaulted the dog; or (iv) was committing or attempting to commit a crime (RCW 16.08.090).

(c) If two or more dogs jointly engage in any conduct described in this subsection, thereby rendering proof of the individual dog that inflicted any particular injury difficult to ascertain, then regardless of the degree of participation by the individual dog(s), all such dogs may be deemed dangerous dogs (RCW 16.08.070(2)).

(d) A dog declared as a potentially dangerous dog which, because of the owner’s failure to control the dog or failure to comply with the requirements for a potentially dangerous dog, engages in behavior which is similar to the original basis for declaring the dog potentially dangerous.

(e) This definition permissibly expands the definition of “dangerous dog” in RCW 16.08.070(2) pursuant to the county’s concurrent jurisdiction, is not otherwise preempted by a state statute, and is authorized under the county’s police powers under Article XI, Section II of the Washington Constitution.

(13) “Day” means a calendar day unless otherwise described. In computing any period of time prescribed in this chapter, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday or legal holiday. Legal holidays are prescribed in RCW 1.13.050.

(14) “Dog” means a domesticated Canis lupus familiaris. This term includes but is not limited to livestock guard dogs and adult dogs.

(15) “Domestic animal” means an animal normally kept as a pet, such a bird, cat, dog, or rabbit.

(16) “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.

(17) “Intermittent noise” is defined as including any of the following: (a) noise of 15 seconds’ or more duration occurring five or more distinct times within a 30-minute period; or (b) noise of 15 seconds’ or more duration occurring three or more times in 10 minutes; or (c) any quantity of noise in a 15-minute period heard in person by an animal control officer that the animal control officer concludes constitutes an intermittent noise.

(18) “Horse” means a domesticated equine, bred in a great many varieties, and includes donkeys, miniature horses, mules, and ponies.

(19) “Jefferson County” means the unincorporated area of Jefferson County, Washington, and within any governmental entity or incorporated area as provided by contract to the extent the entity or city has adopted provisions of this chapter.

(20) “Kennel” means any location or facility where 10 or more adult dogs reside or are kept or where 10 or more nonferal adult cats reside or are kept, or any “commercial kennel,” as that term is defined elsewhere in this section.

(21) “Licensing agent” means animal control or those entities or departments designated by the county commission to receive license applications and issue licenses under this chapter.

(22) “Livestock” means alpacas, cattle, goats, horses, llamas, poultry, rabbits, sheep, and swine, or other animals kept or raised for use or products, including but not limited to eggs, feathers, fur, meat, milk or wool.

(23) “Livestock guard dog” means a dog demonstrably trained for the purpose of protecting livestock from attack or for herding livestock.

(24) “Off-leash area” means any area which the county commission designates with formal signage and demarcated boundaries as an off-leash area, including any future dog parks.

(25) “Owner, handler or keeper” means any person, firm, corporation, organization or department possessing, harboring, keeping, having an interest in or having control or custody of an animal, regardless of whether the animal is licensed pursuant to the ordinance codified in this chapter. Collectively, these terms shall be known as “owner.”

(26) “Pack of dogs” means a group of two or more dogs running at large, as that term is defined in this section.

(27) “Pet shop” means a legally permitted establishment where animals bred off the premises are offered for sale to the public.

(28) “Potentially dangerous dog” means any dog that when unprovoked: (a) inflicts a bite on a human, domestic animal or livestock either on public or private property; or (b) chases or approaches a human upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack; or (c) any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or otherwise to threaten the safety of humans, animals or livestock. This definition permissibly expands the definition of “potentially dangerous dog” in RCW 16.08.070(1) pursuant to the county’s concurrent jurisdiction, is not otherwise preempted by state statute, and is authorized by the county’s police powers under Article XI, Section II of the Washington Constitution.

(29) “Premises” means the area of land surrounding a house, or dwelling unit or units, and actually or by legal construction forming an enclosure and to which the owner or keeper of a dog has legal and equitable right therein. “Premises” does not extend into areas of common ownership or use in the case of easements, trailer parks, apartment complexes, private communities, etc.

(30) “Proof of vaccination” means a health or rabies certificate or other acceptable proof of immunity against rabies, issued by a licensed veterinarian including the expiration date of such vaccination.

(31) “Proper enclosure of a dangerous dog” means, while on the owner’s or keeper’s property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top and bottom enclosure, and shall also provide protection from the elements for a dog.

(32) “Service animal” means a dog or other animal specified and defined by RCW 49.60.040(25) that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.

(33) “Severe injury” means any physical injury which results in a broken bone, disfigurement, laceration requiring suture(s) or surgery, or multiple bites requiring medical treatment.

(34) “Shelter operator” means the person, entity, or organization charged by the county commission with managing and operating the animal shelter, said management or operation being subject to any relevant interlocal agreement between the county and another city or county.

(35) “Sheriff” means the person serving as sheriff for Jefferson County via election or appointment.

(36) “Stray” means any domestic animal loitering in a neighborhood or public place without an apparent owner or home. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A)]

6.07.030 Animal control assigned to sheriff’s office.

Animal control shall be assigned to the Jefferson County sheriff’s office, and shall be the county’s animal care and control agency. The sheriff, or any commissioned deputy of the sheriff, shall automatically be designated as an animal control officer and may exercise all rights and obligations of an animal control officer authorized by this chapter. This section is subject to subsequent decisions of the county commissioners. [Ord. 2-21 § 1 (Appx. A)]

6.07.040 Seizing and impounding.

All seizing of domestic animals and livestock as provided for in this chapter shall be done by an animal control officer. Seized domestic animals shall be delivered for impoundment to an animal shelter designated by the county. All impounding of domestic animals as provided for in this chapter shall be performed by the shelter operator in an animal shelter designated by the county. Seized livestock may be delivered to an animal welfare facility or acceptable private facility. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.030]

6.07.050 Enforcement.

Whenever a power is granted to or a duty imposed upon animal control for the enforcement of some or all of this chapter or local enforcement provisions of RCW Title 16, that power may be exercised or the duty performed by such persons who are designated and duly authorized by the county or commissioned by the sheriff to aid in the enforcement, acting solely within the scope of that authorization or commission. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.040]

6.07.060 Animal at large.

(1) It is unlawful for the owner or keeper of any dog whether licensed or not, or any livestock as defined in this chapter, to allow such animal to be at large or to roam, stray or be away from the premises of the owner or keeper, or to enter or be on the private property of another without permission of the owner or lawful custodian of such property, or to be at large on any public property, including but not limited to any public park, beach, pond, fountain or stream therein, playground or school ground, building, roadway, street, alley, trail or sidewalk. This section shall not apply to any real property that is designated with formal signage and demarcated boundaries as an “off-leash” area. Nothing in this section shall prohibit the county commission from establishing for domestic animals different rules and regulations applicable within one, some or all county-owned parks and other county-owned real property and such separate rules or regulations, if different than this chapter, shall apply at those locations rather than the regulations listed in this chapter.

(2) The animal control officer responding to an alleged violation of this section shall have the option at their discretion to issue an oral warning to the owner of the animal. Any dog or livestock running at large in the county is a nuisance, and may be seized and impounded.

(3) Animal control may request that a person requesting impoundment under this section first apprehend and secure such animal; provided, that the animal does not appear to pose a danger for apprehension or to be diseased. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.050]

6.07.070 Running in packs.

It is unlawful for an owner to suffer or permit any dog to run in a pack of dogs. The same is a nuisance and any such dog may be seized and impounded. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.060]

6.07.080 Jumping and barking at persons.

It is unlawful for any owner to keep or harbor without restraint or confinement any dog that frequently or habitually snarls and growls at or snaps or jumps upon or threatens persons lawfully upon any sidewalks, streets, alleys, or public places. The same is a nuisance and any such dog may be seized and impounded. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.070]

6.07.090 Chasing vehicles.

It is unlawful for any owner to suffer or permit any dog to in any manner obstruct, chase, run after or jump at vehicles or bicycles lawfully using the public streets, avenues, alleys and ways. The same is a nuisance and any such dog may be seized and impounded. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.080]

6.07.100 Injury to property or person.

It is unlawful for any owner to suffer or permit any dog to trespass on private or public property so as to damage or destroy any property or thing of value. It is unlawful for any owner to suffer or permit any dog to bite a person while such person is on public property or lawfully on private property. These acts may be deemed a nuisance and any such animal may be seized and impounded. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.090]

6.07.110 Female in heat.

It is unlawful for any owner to keep a female domestic animal, whether licensed or not, while in heat, under circumstances where the animal is accessible to other animals, except for purposes of controlled and planned breeding. Any such animal, while in heat, accessible to other animals is a nuisance and may be immediately seized and impounded. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.100]

6.07.120 Harboring vicious or dangerous domestic animal.

(1) It is unlawful for any owner to keep, harbor or maintain on or off the owner’s premises in a manner liable to endanger the safety of persons or property lawfully upon the premises, or upon any street, avenue, alley, public or private place, or to allow to run at large within the county, any domestic animal exhibiting vicious propensities. Such animal is a nuisance and may be immediately seized and impounded. The animal control officer responding to an alleged violation of this section shall have the option at their discretion to issue an oral warning to the owner of the domestic animal.

(2) At a hearing contesting determination of infraction of this section or a mitigation hearing, the court, as a part of the penalty imposed, may determine in its judgment whether or not the animal is vicious or dangerous and whether or not it shall be destroyed or otherwise disposed of. The cost thereof shall be taxed as a part of and collected in the same manner as other costs in the case. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.110]

6.07.130 Nuisance noise.

No person may allow an animal to unreasonably disturb any person(s) by habitual barking, howling, yelping, whining, baying, squealing, crowing, crying, or making any other noises which by the frequency or volume unreasonably disturbs or interferes with the peace of any person(s).

(1) The animal noise is per se deemed to have unreasonably disturbed or interfered with the peace of any person if:

(a) The noise from an animal(s) occurs between the hours of 10:00 p.m. and 7:00 a.m., the noise is continuous for a period of 10 or more minutes or constitutes intermittent noise (as defined in this chapter) within any period of 30 or more minutes, and may be clearly heard by a person of normal hearing 100 feet or more from the perceived property line where the source animal(s) is/are located; or

(b) The noise from an animal(s) occurs between the hours of 7:00 a.m. and 10:00 p.m., the noise is continuous for a period of 20 or more minutes or constitutes three or more separate incidents of intermittent noise (as defined in this chapter) within any two-hour period, and may be clearly heard by a person of normal hearing 150 feet or more from the perceived property line where the source animal(s) is/are located.

(2) A violation of this section may still occur if the noise is heard at distances less than those stated above, given the proximity of the houses or structures to one another, or location of the source animal to the location of the complaint but only upon written explanation by the animal control officer of the circumstances that caused the animal control officer to conclude this section has been violated.

(3) A violation of this section is a Class I civil infraction unless, in the discretion of the responding animal control officer, an oral warning would suffice.

(4) Exceptions.

(a) It shall be an affirmative defense to this section if the animal was intentionally provoked to make such noise, by a person other than a person at the residence where the animal resides.

(b) Lawfully operated animal shelters, animal welfare facilities, pet shops, or veterinary clinics shall be exempt from this section, and commercial kennels which have received a land use permit pursuant to JCC 18.20.060, or which were established before January 16, 2001, as legal nonconforming uses, shall also be exempt from this section.

(c) Noise from a livestock guard dog on property subject to JCC 18.15.095(3), when such noise is produced to actively herd livestock or protect it from an active threat, shall be exempt from this section. Noise from a livestock guard dog that is produced for other purposes other than to actively herd or protect livestock from an active threat is not exempt. The burden shall be on the owner of the noise-making dog to provide evidence to the animal control officer or the court that this exemption should be deemed applicable.

(5) Any such animal violating this section shall be deemed a nuisance and may be seized and impounded if the disturbance reoccurs after the owner or custodian of such animal has received two warnings within six months from animal control. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.120]

6.07.140 Entry into food establishments.

It is unlawful for any owner to suffer or permit any animal to enter any place, building or hall where food intended for human consumption is stored, prepared, served or sold to the public; provided, that this section shall not apply to a service animal actively working as such; to dogs used by armored car services or law enforcement agencies; to veterinarian offices or hospitals; or to animal exhibitions or organized law enforcement animal training classes. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.130]

6.07.150 Waste.

It is unlawful for any owner or other person with custody of a dog to fail to remove and dispose of any feces excreted by the dog from any public place or any private property not owned or leased by the owner or person with custody. The provisions of this section shall not apply to blind persons who may use dogs as guides. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.140]

6.07.160 Tethered animals.

It is unlawful for any owner or keeper of any domestic animal to tether, stake, tie, or similarly restrain any domestic animal for more than 12 hours in any 24-hour period, or in such a manner that: it is likely to be frequently entangled; its chain or tether weighs more than one-eighth of the animal’s weight; it is tethered using a choke collar or its breathing is impaired; it cannot reach or consume food or water; or it cannot access shelter for protection from weather. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.150]

6.07.170 Releasing stray to animal control or shelter operator.

It shall be the duty of each person who shall take into his possession any stray animal not placed in his possession by the person having lawful ownership, custody or control thereof, to notify at once animal control or the shelter operator. It is unlawful to refuse to release such animal to animal control or the shelter operator upon demand, and there shall be no charge or fee for notification or release of such animal to animal control or the shelter operator. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.160]

6.07.180 Injured or diseased animals.

Any animal suffering from serious injury or disease may be destroyed by animal control or the shelter operator; provided, that if the owner is known animal control or the shelter operator shall notify the owner prior to destruction, and if the owner is unknown, shall make all reasonable efforts to locate and notify the owner, prior to destruction. Reasonable veterinary consultation and treatment may be acquired at discretion of animal control or the shelter operator. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.170]

6.07.190 Quarantine.

(1) Any animal that bites or otherwise breaks the skin of any person, regardless of whether that person be on public or private property, may be impounded and quarantined for at least 10 days to determine whether the animal is infected with any disease that may have been transmitted to the victim. If approved by the sheriff or animal control, the owner or keeper may quarantine the animal on his/her premises. It is a violation of this chapter to refuse required quarantine of an animal which has broken the skin of any person.

(2) Kennel fees for the quarantine period and any unpaid fees for a current license are to be paid by the owner of the animal and release of the animal is conditioned upon payment of these fees. Ownerless animals may be humanely destroyed and referred to the local health department for analysis. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.180]

6.07.200 Adoption from animal shelter or animal welfare facility – Spay/neuter requirement – License requirement.

(1) Any person adopting an unspayed or unneutered dog or cat from a designated animal shelter or from any animal welfare facility in Jefferson County shall have the animal spayed or neutered before taking custody, or on or before the date to be specified in a written adoption agreement. However, if a licensed veterinarian states in writing that the date specified in the adoption agreement is inappropriate for the animal in question, the adoption agreement may be modified accordingly upon submission of a written statement from a licensed veterinarian to the officer at the shelter or welfare facility who is responsible for ensuring compliance with this section.

(2) Any dog being adopted from an animal shelter or animal welfare society in Jefferson County by a person residing in unincorporated East Jefferson County shall be licensed upon adoption, and said person shall pay any unpaid fees for a current license before taking custody.

(3) A shelter operator or animal welfare facility may set and collect fees for adoption from its facility, and for spaying or neutering a dog or cat. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.190]

6.07.210 Shelter operator – Duties.

The shelter operator of a shelter designated by the county shall accept custody of all animals subject to impounding as prescribed by county ordinance, and shall also accept custody of stray and abandoned animals from unincorporated East Jefferson County delivered to it by the public. There shall be no charge for accepting custody of stray and abandoned animals; however, the shelter operator may charge a surrender fee to an owner that is relinquishing their animal (see fee schedule); provided, that the shelter operator may waive the surrender fee based on ability to pay or extenuating circumstances. Such animals shall be provided with proper care, food and water while confined. The shelter operator shall provide for the redemption, adoption, licensing and disposal of such animals as authorized by law, and shall perform other duties assigned to it under this chapter and such other duties as may be delegated to it by the county. The shelter operator may charge applicable fees pursuant to the fee schedule of the Jefferson County Code and as may be authorized by the county. The shelter operator shall dispose of dead animals collected by the county from public lands in unincorporated East Jefferson County and delivered to the shelter, and if the animal’s owner is known a fee may be collected therefrom for such services pursuant to the fee schedule. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.200]

6.07.220 Notice of impounding.

When any animal is impounded under the provisions of this chapter, animal control or the shelter operator of a shelter designated by the county shall as soon as feasible notify the owner, if the owner is known, of such impoundment and the terms upon which the animal can be redeemed. If the owner of the animal so impounded is unknown, then animal control or the shelter operator shall make all reasonable efforts to locate and notify the owner of the impounding of the animal. Any animal so impounded shall be held for the owner at least five days. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.210]

6.07.230 Redemption of animal.

(1) The owner of any licensed domestic animal, whose animal is impounded for the first time, may redeem it within five days at no cost. Under all other circumstances, redemption by the owner of an impounded domestic animal shall be subject to the following conditions:

(a) Payment of an impound fee (see fee schedule);

(b) Payment of any unpaid fees for a current license if the animal is a dog (see fee schedule);

(c) Payment of a board fee (see fee schedule) per day or part thereof for board of the animal during the impound period, which the shelter operator may reduce or waive based on ability to pay or extenuating circumstances;

(d) Payment of a redemption fee for the return of the animal to its original owner (see fee schedule); and

(e) For animals impounded for the first time, the shelter operator of a shelter designated by the county may waive, reduce or refund the impound fee and/or the redemption fee:

(i) For any spayed or neutered animal based on ability to pay or extenuating circumstances; and

(ii) For any animal which is not already spayed or neutered, if the owner volunteers the animal for spaying or neutering, deposits the fees for the spaying or neutering with the shelter operator, and the animal is spayed or neutered on or before a date specified in writing by the shelter operator.

(2) If said animal is not redeemed by the owner within five days, the shelter operator of a shelter designated by the county, after complying with JCC 6.07.220, may take the following action:

(a) Hold the animal for an additional length of time for the owner;

(b) Sell or adopt the animal as a pet to another person; or

(3) If the animal is diseased such as to be an imminent threat to the public health or other animals, the animal may be immediately destroyed; provided the shelter operator has made a reasonable attempt to locate and notify the owner. Veterinary consultation shall be at the discretion of the shelter operator. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.220]

6.07.240 Interference with impounding.

Any person who interferes with, hinders, delays or impedes any officer in enforcement of the impounding provisions of this chapter commits a violation punishable within this chapter and/or RCW 9A.76.020. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.230]

6.07.250 Dog control zone established.

A county dog control zone is established pursuant to Chapter 16.10 RCW to provide for the licensing of dogs, including the following territory: all unincorporated areas within East Jefferson County, Washington. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.240]

6.07.260 Dog license – Required.

It is unlawful for any person to own, keep or have control of any dog over the age of six months in the county dog control zone unless said person, firm, corporation, organization or department has procured a license therefor as provided in this chapter. A person may license a dog six months or less in age, a dog in other portions of Jefferson County, and cats, and shall pay the license fees as provided in this chapter and the fee schedule.

The requirement to procure a license shall not apply under the following circumstances:

(1) The owner has been a resident of the county dog control zone for 30 days or less; or

(2) The owner has owned, kept or been in control of the dog for 30 days or less; or

(3) The dog, at the time of application for license, is less than six months of age.

These exceptions do not apply to licenses required at the time of adoption or redemption from an animal shelter or animal welfare facility in Jefferson County. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.250]

6.07.270 Vaccination requirements for dogs and cats.

All dogs and cats six months of age or older shall be vaccinated against rabies. If the animal is being licensed, the owner of such dog/cat shall provide the licensing agent with proof of vaccination of such dog/cat. This section shall not apply to any animal when a licensed veterinarian provides a statement that the animal is not able to be vaccinated because the animal has health issues that prevent vaccination without further risk to the animal. An owner who refuses to provide proof of such vaccination or veterinarian’s statement upon request by the licensing agent or his/her designee shall be deemed to have failed to provide such proof. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.260]

6.07.280 Animal license – Fee.

The following fees shall be paid for animal licenses under this chapter:

(1) For each dog or cat spayed or neutered (upon proof of spaying or neutering), see fee schedule;

(2) For each dog or cat not spayed or neutered, see fee schedule;

Provided, that licenses and tags shall be provided free of charge by the licensing agent to hearing aid dogs properly trained to assist the hearing impaired and to guide dogs properly trained to assist blind persons when such dogs are actually being used to assist the hearing impaired or blind person in the home or in going from place to place; to dogs being currently trained for such purposes in a school or program approved or accredited by a professional organization or association, either for profit or not for profit; and to young dogs being raised, to be trained on reaching maturity as guide dogs, under the 4-H program known as “Guide Dogs for the Blind.” Licensing agents, in writing such licenses, shall insert the words “Hearing Aid” or “Guide Dog” in the space allotted for, and in place of, a stated fee. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.270]

6.07.290 Date due.

All animal licenses shall be good for two years from the date of purchase, and a lifetime license shall be good for the remainder of the animal’s life. The county commission may at its discretion provide for a late fee if renewal of a license does not occur within 30 days of the expiration of the current license. All licensing periods shall be measured from the date when the original license was either issued or the date when the original license expired. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.280]

6.07.300 Issuance of licenses.

It shall be the duty of the licensing agent to issue licenses to persons applying therefor upon payment of the license fees as provided in this chapter and the fee schedule, and to issue a metal tag for each animal licensed. The license shall be dated and numbered and shall bear the name of Jefferson County, Washington, the name and address of the owner or keeper of the animal licensed, and the date of expiration. The tag shall bear the name of Jefferson County, Washington, a serial number corresponding with the number of the license, and the calendar year issued. The licensing agent shall keep a record of the animal’s breed, color, sex, name, chip number (if any), and rabies vaccination. It shall be the duty of every owner or keeper of a dog in the county dog control zone to keep a substantial collar on the dog and attached firmly thereto the license tag for the current year; provided, that this provision shall not be maintained to apply to a hunting dog in a controlled hunt by a competent person or to show dogs on the show grounds or to dogs engaged in formal obedience training. As an alternative to a license tag, an animal may be identified as licensed by being tattooed on its inside ear or on its inside thigh or groin with a permanent license number approved and on file with the animal licensing agent. The licensing agent shall perform other licensing duties as may be delegated to it by the county. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.290]

6.07.310 Licenses nontransferable.

Animal licenses as provided in this chapter shall not be transferable from one animal to another; provided, that nothing contained in this section shall be construed to prevent a license being transferred from one owner to another. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.300]

6.07.320 Lost tags.

Lost tags may be replaced by a substitute identification tag upon payment of a fee as provided in the fee schedule to the licensing agent. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.310]

6.07.330 Unlawful to remove license tag.

It is unlawful for any person other than the owner or keeper to remove a license tag from any dog licensed under the provisions of this chapter. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.320]

6.07.340 Unlicensed dog – Impoundment.

All dogs in the county dog control zone not licensed as required herein are in violation of this chapter and may be seized and impounded. All dogs in the county dog control zone off the premises of the owner, handler, or keeper not exhibiting a valid current license as required herein are in violation of this chapter and may be seized and impounded. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.330]

6.07.350 Kennel license – When required.

It is unlawful for any person to own, maintain or operate a commercial kennel in the county dog control zone unless said person has a kennel license. In addition, in the county dog control zone any keeper of 10 or more adult dogs or 10 or more adult nonferal cats must have a kennel license. No kennel license is required for a pet shop, animal shelter, animal welfare facility, or veterinary clinic/hospital where boarding is incidental to treatment. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.340]

6.07.360 Kennel license – Tags for dogs.

The kennel license shall contain its date of expiration and shall be prominently displayed at the place of operation.

At the time the kennel license is issued, the person receiving same shall also receive an individual license tag for each dog at no additional cost. The licensing agent shall keep a record of the animal’s breed, color, sex, name, chip number (if any) and rabies vaccination. No further licensing is required for such animals until the license expires.

It is the responsibility of the licensee to transfer to the licensing agency the new owner information at the time of sale or transfer of ownership.

Individual kennel license tags shall not be issued for individual dogs or cats boarded on a limited time basis (30 days or less) at a recognized boarding kennel. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.350]

6.07.370 Kennel license – Application – Issuance – Fee – Due date.

(1) Kennel licenses shall be issued by the licensing agent.

(a) A kennel license applicant shall submit a license application for each facility in a form prescribed by the licensing agent, including but not limited to:

(i) Name, address, and telephone number of the owner or operator of the facility and the address of the facility and, if it is a commercial kennel, its name;

(ii) A brief description of the magnitude and nature of the contemplated operation;

(iii) A written acknowledgment that, by applying for a kennel license, the applicant grants the licensing agent or animal control officer the right from the date of application through the term of the license, with reasonable notice, to enter the premises of the applicant where the animals are kept between the hours of 9:00 a.m. and 5:00 p.m., to inspect the facility and its operation for compliance with this chapter;

(iv) The applicant’s signature;

(v) A kennel license fee;

(vi) For a commercial kennel, a written statement from the Jefferson County department of community development verifying that the kennel is a permitted use or a legal nonconforming use under the county’s unified development code (JCC Title 18). Such written statement shall be kept on file by the licensing agent, and a new statement shall not be required for renewals in subsequent years unless the location of the kennel has changed.

(b) License Issuance. The licensing agent shall issue the license or renewal thereof only upon:

(i) Submittal of a license application consistent with subsection (1)(a) of this section;

(ii) Payment of the applicable license fee;

(iii) For a commercial kennel, submittal of a compliance verification statement from the department of community development or reference to such statement on file with the licensing agent; and

(iv) An inspection by the licensing agent or animal control that finds that the facility and its operation or contemplated operation meets the requirements of JCC 6.07.390.

(c) For license renewals, the license applicant shall submit a renewal application and license fee no less than 30 calendar days prior to the date of expiration of the existing license.

(2) License Fee. A flat fee (see fee schedule) shall be paid for a kennel license under this chapter.

(3) Due Date. All kennel licenses granted under this chapter shall be due and payable January 1st of each year. If the kennel license fee is not paid on or before February 28th of each year, the applicant shall pay a penalty fee (see fee schedule) in addition to the regular fee as stated above; provided, the applicant shall not pay the penalty fee if the applicant has owned, maintained or operated the kennel for one month or less. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.360]

6.07.380 Kennel license facility inspection.

Prior to the issuance or renewal of any kennel license, or during the term of the kennel license, the licensing agent or animal control may, between the hours of 9:00 a.m. and 5:00 p.m., upon notice, enter the premises of the applicant where the animals are kept and make an inspection to ascertain the number of dogs or cats maintained by the applicant, and to determine if the facility and its operation comply with the standards in JCC 6.07.390. Entry for such inspection shall not constitute a trespass. Upon issuance of the kennel license and throughout the term of the license, the facility of the licensee where the animals are kept and its operation may be subject to inspection upon the same conditions as above, for the same purposes. Failure by the license applicant or holder to allow an inspection pursuant to this chapter or failure to comply with the standards in JCC 6.07.390 may cause the kennel license to be denied or revoked by the licensing agent. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.370]

6.07.390 Standards for commercial kennels, shelters, animal welfare facilities and facilities with 10 or more dogs or 10 or more nonferal cats.

(1) Facility Requirements for Commercial Kennels, Shelters and Animal Welfare Facilities for Dogs and Cats, and Facilities with 10 or More Adult Dogs or 10 or More Adult Nonferal Cats.

(a) Indoor and outdoor animal housing facilities shall be in good repair, protect the animals from injury, and shall provide sufficient security to contain the animals while preventing entry by unwanted animals, and meet breed-specific requirements including, but not limited to, temperature, humidity, and light, and provide exercise areas appropriate to the animals’ size, breed, and characteristics.

(b) Indoor facilities shall:

(i) Provide the animal with adequate space for movement and the ability to sit, lie, stand, and stretch without touching the sides or top of housing. For cats and dogs, the primary enclosure for each animal shall meet or exceed the space requirements of 9 CFR Chapter I, Sections 3.6(b)(1) and (c)(1) (1-1-00 Edition);

(ii) Primary enclosures for dogs must be placed no higher than 42 inches above the floor and may not be placed over or stacked on top of another cage or primary enclosure;

(iii) Be heated or ventilated to protect the animals from temperatures to which they are not acclimated or are not suited by virtue of breed, health, or age;

(iv) Be sufficiently ventilated at all times to provide for the health of the animals and minimize odors, drafts, ammonia levels, and prevent moisture condensation;

(v) Have interior walls, ceilings, and floors that are resistant to absorption of moisture or odors, or otherwise demonstrate to the satisfaction of the animal control officer that sanitary conditions will be maintained;

(vi) Have flooring with a surface that can be sanitized and treated to minimize growth of harmful bacteria, or otherwise demonstrate to the satisfaction of the animal control officer that sanitary conditions will be maintained; said flooring shall not be constructed with wire or other materials that may damage or irritate animals’ feet;

(vii) Have sufficient lighting that may be turned on to allow observation of the animals at any time of day or night;

(viii) Have available for staff a sink with hot and cold running water; and

(ix) Housing facilities must have a means of fire suppression, such as functioning fire extinguishers, on the premises.

(i) Provide adequate shelter and protection from adverse weather; provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to the animals; and provide sufficient shade to shelter all the animals housed in the primary enclosure at one time;

(ii) Provide sufficient room for adequate exercise and movement; and

(iii) When no indoor facility is available, outdoor facilities shall also:

(A) Have flooring with a surface that can be sanitized and treated to minimize growth of harmful bacteria, or otherwise demonstrate to the satisfaction of the animal control officer that sanitary conditions will be maintained;

(B) Have available for staff a sink with hot and cold running water.

(d) Substantial Compliance Exceptions Authorized. Kennels lawfully operating prior to the adoption of this chapter may obtain a kennel license despite their noncompliance with one or more of the mandatory requirements listed in this section if the licensing authority is able to make written findings that the subject kennel is in “substantial compliance” with the requirements listed here and that noncompliance with one or more of the requirements of this section will not endanger or harm the animals housed at that kennel.

(e) Any kennel issued a license based upon a written finding of its substantial compliance with the requirements listed here shall have six years from the issuance date of its first substantial compliance license to achieve full compliance with all the requirements listed here. Absent a written showing that achieving full compliance would cause an undue hardship, at the end of the six-year period described here a substantial compliance licensee who has not yet achieved full compliance with these requirements may be denied renewal of its license and be deemed an unlawful kennel.

(f) The owner or operator of a kennel, shelter or animal welfare facility may provide to the licensing agent or animal control evidence that their facility is constructed, maintained or built in a manner that provides to the domestic animals present there a level of protection of their health and welfare equivalent to the level of protection provided to those animals by the requirements listed in this section. The licensing agent or animal control is not obligated to find that the owner or operator has proven equivalence or provided proof of same. An owner or operator of a kennel, shelter or animal welfare facility who has its evidence of alleged equivalence rejected by the licensing agent or animal control shall have available to it all appeal rights provided in this chapter. However, this right of appeal is not available to third parties who are not the owner or operator of a kennel, shelter or animal welfare facility.

(2) Operation Requirements for Kennels, Shelters and Animal Welfare Facilities.

(a) Adequate food and water for each animal in sufficient quantity and quality to sustain the animal in containers designed and situated to allow the animal easy access; and proper habitat and medical attention, if needed, shall be provided at all times;

(b) Food shall be stored in a fashion that prevents contamination or infestation;

(c) The facilities shall be maintained and operated in a healthful and sanitary manner, free from excrement buildup, disease, infestation, and foul odors;

(d) Provide each animal with appropriate exercise, according to its breed and condition;

(e) Sick animals shall be isolated from healthy ones;

(f) Sick or injured animals shall receive appropriate medical treatment by or under the auspices of a licensed veterinarian without delay when necessary. Records shall be maintained reflecting treatment, care, dates of veterinary visits, and the name of the veterinarian and veterinary clinic providing treatment. Sick or injured animals shall not be sold, bartered, or otherwise transferred from a commercial kennel, shelter or animal welfare facility to a new owner until the illness or injury is substantially healed, unless such transfer is to an animal shelter or animal welfare facility that assumes all responsibility for providing the appropriate medical treatment;

(g) Cats and dogs shall receive age-appropriate vaccines and anthelmintics. Records of such shall be maintained for each animal and made available to the licensing agent, animal control and the Jefferson County public health department, including the name and address of the attending veterinarian, if applicable;

(h) A copy of all medical records including, but not limited to, the records described in subsections (2)(f) and (g) of this section shall be provided to new owners at the time the ownership of the animal is transferred, or to animal control upon request;

(i) The owner or operator of a kennel, shelter or animal welfare facility may provide to the licensing agent or animal control evidence that their facility possesses, uses, implements or includes a procedure, protocol, process, equipment or piece of personal property that provides to the domestic animals present there a level of protection of their health and welfare equivalent to the level of protection of their health and welfare provided to those animals by the requirements listed in this section. The licensing agent or animal control is not obligated to find that the owner or operator has proven equivalence or provided proof of same. An owner or operator of a kennel, shelter or animal welfare facility who has its evidence of alleged equivalence rejected by the licensing agent or animal control shall have available to it all appeal rights provided in JCC 6.07.490. This right of appeal granted by JCC 6.07.490 is not available to third parties who are not the owner or operator of a kennel, shelter or animal welfare facility. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.380]

6.07.400 Violations – Penalty.

Unless a different penalty, process or alternative result is expressly stated in another section of this chapter, any person who violates any provision of this chapter shall be issued a notice of infraction, said infraction having associated with it a penalty established in the fee schedule. The penalty associated with civil infractions shall increase for repeat violators as established in the fee schedule. For each violation of a continuing nature, each day shall constitute a separate offense. In addition to the issuance of civil infractions, animal control is also authorized to collect any fees it would be entitled to collect arising from the violation of this chapter, meaning a person determined to have an unlicensed dog would have to pay the cost of the civil infraction and the cost of the dog license. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.390]

6.07.410 Violations – Abatement.

(1) Unless otherwise expressly provided in this chapter, any person violating any of the provisions of this chapter in the keeping or maintenance of any nuisance as defined in this chapter may, in addition to the penalty provided for in JCC 6.07.400, be ordered, by the court in such action, to forthwith abate and remove such nuisance. If the same is not done by the owner or keeper within a reasonable amount of time as determined by the court, the same shall be abated and removed under the direction of any officer authorized by the order of the court.

(2) Unless otherwise expressly provided in this chapter, if a person who has been issued a notice of infraction elects not to request a hearing, Jefferson County may request a hearing for the purpose of determining whether an order of abatement should issue.

(3) When such nuisance has been abated by any officer or authorized agent of Jefferson County the costs and expenses shall be taxed as part of the costs of the action against the party. In all cases where an officer is authorized by the court to abate any such nuisance, he shall keep an account of all expenses attending such abatement. In addition to other powers herein given to collect such costs and expenses, Jefferson County may bring suit for the same in a court of competent jurisdiction against the person keeping or maintaining the nuisance so abated. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.400]

6.07.420 Notice of infraction.

(1) Unless otherwise expressly provided in this chapter, a notice of infraction represents a determination that a violation has been committed. The determination will be final unless contested as provided in this chapter.

(2) Unless otherwise expressly provided in this chapter, any Washington Uniform Court Docket citation in conformity with RCW 7.80.070 as currently enacted or hereafter amended may be used as the form for the notice of infraction. If a different form or document is used it shall contain all text required of a Uniform Court Docket citation by RCW 7.80.070, as currently enacted or hereafter amended. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.410]

6.07.430 Contesting determination of infraction.

(1) Unless otherwise expressly stated in this chapter, any person who receives a notice of infraction under this chapter shall respond to such notice as provided in this section within seven days of the date of the notice.

(2) Unless otherwise expressly provided in this chapter, if the person determined to have committed the infraction does not contest the determination, the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. Payment in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the court’s records.

(3) Unless otherwise expressly stated in this chapter, if the person determined to have committed the infraction wishes to contest the determination, the person shall respond by completing the portion of the notice of infraction requesting the hearing then submitting it either by mail or in person to the court specified on the notice. The court shall notify the person in writing of the time, place and date of the hearing, and that date shall not be sooner than seven days from the date of the notice, except by agreement.

(4) Unless otherwise expressly stated in this chapter, if the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place and date of the hearing.

(5) Unless otherwise expressly stated in this chapter, if any person issued a notice of infraction fails to respond to the notice of infraction as provided in subsection (2) of this section, or fails to appear at a hearing requested pursuant to subsection (3) or (4) of this section, the court shall enter an appropriate order assessing the monetary penalty prescribed for the infraction and any other penalty authorized by this chapter. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.420]

6.07.440 Hearings held in court.

(1) A court hearing held for the purpose of contesting the determination that an infraction has been committed shall be without a jury.

(2) Any person subject to proceedings under this chapter may be represented by counsel.

(3) The attorney representing the county may appear in any proceeding under this chapter but need not appear, notwithstanding any rule of court to the contrary.

(4) The officer who issued the notice must appear at such hearing, and may subpoena witnesses. The person named in the notice may subpoena witnesses, including the officer, and also has the right to present evidence and examine witnesses present in court.

(5) The burden of proof is upon the county to establish a commission of the infraction by a preponderance of the evidence.

(6) After consideration of the evidence and argument, the court shall determine whether the infraction was committed. Where it has not been established that the infraction was committed an order dismissing the notice shall be entered in the court’s records. Where it has been established that the infraction was committed an appropriate order shall be entered in the court’s records.

(7) An appeal from the court’s determination or order shall be to the superior court. Such appeal shall be taken in accordance with the RALJ Rules. The decision of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the rules of appellate procedure. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.430]

6.07.450 Failure to respond to notice of infraction.

There shall be a penalty (see fee schedule) for failure to respond to a notice of infraction or failure to pay a monetary penalty imposed pursuant to this chapter. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.440]

6.07.460 Payment of penalty.

Whenever a monetary penalty is imposed by a court under this chapter it is due immediately and is to be made payable to the clerk of the court. If a person is unable to pay at that time, the court may, in its discretion, grant an extension of the period in which the penalty may be paid. All penalties collected by the court shall be remitted to the county treasurer. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.450]

6.07.470 Declaration of dangerous dog – Impounding of dog.

In the event animal control has sufficient information to determine a dog is dangerous as defined by JCC 6.07.020(12), animal control shall seize and impound the dog pending notice, hearings, appeals and other determinations hereunder. The owner or keeper of the dog shall be liable to Jefferson County for the costs and expenses of keeping such dog, unless a finding is made that the dog is neither a dangerous dog nor a potentially dangerous dog. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A)]

6.07.480 Declaration of dangerous dog – Notice and hearing.

(1) When animal control has sufficient information to determine that a dog is a dangerous dog as defined by JCC 6.07.020(12), the sheriff or animal control officer shall declare the dog a dangerous dog and shall notify the owner of the dog in writing, either in person or by regular and certified mail. Any notice or determination mailed pursuant to this section shall be mailed by regular and certified mail, return receipt requested or served upon the owner in person. Such notice shall be deemed received by the party to which it is addressed on the third day after it is placed in the mail, as set forth by declaration of the sender. The notice shall contain the following information and/or enclosures:

(a) That the person receiving the notice is the owner or keeper of a dangerous dog as defined in JCC 6.07.020(12);

(b) The breed, color, sex, and license number (if known) of said dog;

(c) A copy of the records relied upon by animal control which form the basis for declaring said dog to be a dangerous dog including but not limited to incident reports, prior infractions or correspondence relating to the offending dog;

(d) That to contest the declaration of dangerous dog the owner or keeper of the dog must request an administrative appeal hearing in writing;

(e) That if an administrative appeal hearing is requested, such hearing will be convened pursuant to subsection (2) of this section;

(f) That at the administrative appeal hearing, the records of animal control and any supplementary material shall be admissible to prove the dog is a dangerous dog;

(g) That the owner of the dog may require an animal control officer compiling the record to be present at the administrative appeal hearing;

(h) That the owner of the dog may present evidence and examine witnesses present;

(i) That the burden shall be on animal control to establish by a preponderance of the evidence that the dog is a dangerous dog;

(j) That any dog declared dangerous under this section or any comparable section by a duly authorized governmental animal control authority shall be immediately impounded until the owner registers the dog as dangerous in accordance with JCC 6.07.500;

(k) That any dog will be euthanized at the direction of the sheriff or an animal control officer or his/her designee unless the owner or keeper within 15 days from the date the dog was declared dangerous registers the dog or appeals the determination;

(l) That if the owner appeals the dangerous dog declaration the dog must be registered provisionally pursuant to JCC 6.07.500 or it will be held at the shelter at the owner’s expense pending the results of the appeal;

(m) That if the dog is determined to be dangerous by the hearing officer, then the controls required by RCW 16.08.080(6) and JCC 6.07.500 will be applicable to that dangerous dog. The controls required by RCW 16.08.080(6) and JCC 6.07.500 must be recited in this notice.

(2) If the owner or keeper of the dog requests an administrative appeal hearing as provided in subsection (1)(d) of this section, then the hearing shall be held before the sheriff or his designee serving as the hearing officer. The administrative appeal hearing shall be held within 20 days after the receipt of the request for an administrative appeal hearing, unless it is continued by the sheriff or its designee based upon a showing of good cause or mutual consent. The sheriff or an animal control officer, or his/her designee, shall notify the owner or keeper of the date, time, and place for the administrative appeal hearing. The administrative appeal hearing shall be open to the public. In those instances where the sheriff’s designee acts as a hearing officer in conjunction with a dangerous dog administrative appeal hearing, the following procedures shall apply:

(a) All administrative appeal hearings before the designee shall be recorded;

(b) All testimony shall be taken under oath and witnesses may be subpoenaed by the sheriff or an animal control officer or his or her designee;

(c) The hearing officer shall render a written decision within five business days. This time may be extended at the discretion of the hearing officer;

(d) The written decision shall include findings of fact and conclusions of law and a copy will be forwarded to the owner and to the sheriff or an animal control officer.

(3) At the conclusion of the administrative appeal hearing as provided in subsection (2) of this section, the hearing officer shall have the authority to make a written recommendation to either affirm, reverse or modify the declaration by the sheriff or an animal control officer, or his/her designee, that the dog is dangerous. If the recommendation is to modify the declaration, then the hearing officer may make a finding that the dog is potentially dangerous. If the hearing officer affirms the declaration and finds that the dog is dangerous, then the requirements under JCC 6.07.490 shall be imposed upon the owner or keeper of the dangerous dog as a condition of continued ownership or keeping of the animal.

If the hearing officer modifies the declaration and finds that the dog is potentially dangerous, then the hearing officer may recommend that reasonable conditions be imposed upon the owner or keeper as a condition of continued ownership or keeping of the animal. Reasonable conditions may include but are not limited to the following:

(a) Erection of new or additional fencing to keep the dog within the confines of the owner’s or keeper’s property;

(b) Construction of a run consistent with the size of the dog within which the dog must be kept;

(d) Keeping the dog indoors at all times, except when on a leash adequate to control the dog and under the actual physical control of the owner or keeper or a competent person at least 15 years of age;

(e) Keeping the dog muzzled in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal when outside a proper enclosure;

(f) Installing at the premises a clearly visible warning sign that there is a dangerous dog on the property;

(g) Installing at the premises in a conspicuous location a sign with a warning symbol that informs children of the presence of a dangerous dog;

(h) Spaying/neutering of the dog.

The hearing officer(s) may, in his or her recommendation, determine the sheriff or an animal control officer or his/her designee is the authority to establish the appropriate requirements from the preceding list or to refine and clarify the aforementioned requirements to effectuate the purposes of this chapter.

(4) The owner of the dog shall be notified of the decision of the hearing officer in writing (regular mail and certified mail, return receipt requested) by the hearing officer(s) no later than within 15 days of the hearing.

(5) An appeal of the written decision of the hearing officer may be made in the manner provided under the general laws of the state found at Chapter 16.08 RCW. If the owner or keeper does not timely appeal the hearing officer’s decision, then he or she must either register the dog as a dangerous dog in accordance with JCC 6.07.500 or the dog shall be confiscated as provided in RCW 16.08.100(1).

(6) In the event the written decision of the hearing officer is affirmed on appeal and no further appeal is made, the owner or keeper of the dog must register the dog as a dangerous dog in accordance with JCC 6.07.500 within 15 days of notification of the decision or the dog will be euthanized at the direction of the sheriff or an animal control officer, or his/her designee.

(7) A finding that a dog is not a dangerous dog shall not prevent the sheriff or an animal control officer, or his/her designee, from seeking to have the dog declared a dangerous dog as the result of any subsequent action by the dog.

(8) An owner or keeper of a dangerous dog who violates any conditions imposed under this section shall be guilty of a gross misdemeanor. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A)]

6.07.490 Determination of potentially dangerous dog – Notice, administrative review and appeal.

(1) When the sheriff or an animal control officer, or his/her designee, has sufficient information to determine that a dog is a potentially dangerous dog as defined in JCC 6.07.020(28), a notice either in person or by regular mail shall be provided to the owner of the dog. The notice shall contain the following information:

(a) That the person receiving the notice is the owner of a potentially dangerous dog as defined in JCC 6.07.020(28);

(b) The breed, color, sex, and license number (if known) of said dog;

(d) That if there are future similar incidents with the dog, the dog could be declared a dangerous dog pursuant to JCC 6.07.470, and required to be registered as provided in JCC 6.07.500;

(e) That the owner must comply with restrictions set forth in the notice as a condition of continued ownership or keeping of the dog and that restrictions may include but are not limited to those which may be imposed on the owner or keeper of a potentially dangerous dog pursuant to JCC 6.07.480(3);

(f) That the notice constitutes a final determination that the dog is a potentially dangerous dog unless the owner or keeper of the dog requests an administrative review meeting in writing within 15 days of the receipt of the notice. For purposes of this section, if the notice is mailed, it shall be deemed received on the third day after the notice is placed in the mail; and

(g) That pursuant to subsection (3) of this section, a failure by the dog owner or keeper to request and attend an administrative review meeting with the sheriff or an animal control officer or designee shall constitute a failure to exhaust all administrative remedies, and that such failure to exhaust all administrative remedies shall preclude any appeal of the administrative determination to the district court.

(2) In the event the owner or keeper of a dog alleged to be potentially dangerous requests an administrative review meeting as provided in subsection (1)(f) of this section, the administrative review meeting shall be held within 30 days of the receipt of the request. The meeting date may be continued upon a showing of good cause. The sheriff or an animal control officer or his/her designee shall notify the owner or keeper of the date, time and place of the administrative review meeting, as well as the right to present evidence as to why the dog should not be found potentially dangerous. The administrative review meeting shall be held before the sheriff or an animal control officer or his/her designee. Administrative review meetings shall be informal, open to the public and, at the option of the sheriff or an animal control officer or his/her designee, may be held telephonically.

(3) Following an administrative review meeting, the sheriff or an animal control officer or his/her designee may affirm or reverse the initial determination that a dog is potentially dangerous. If a determination that a dog is potentially dangerous is upheld, then the sheriff or an animal control officer or his/her designee may impose one, some or all of the same reasonable conditions as may be imposed on the owner or keeper of a potentially dangerous dog pursuant to JCC 6.07.480(3).

(4) The sheriff or an animal control officer or his/her designee shall notify, in writing, the owner or keeper of the dog of his/her decision within 10 days of the administrative review meeting. The decision of the sheriff or an animal control officer or his/her designee may be appealed in the same manner as provided in this section.

(5) The decision of the sheriff or an animal control officer or his/her designee is final unless appealed.

(6) An owner or keeper of a potentially dangerous dog who violates any of the conditions imposed under this section shall be guilty of a misdemeanor.

(7) Animal control shall establish and maintain a registry of potentially dangerous dogs in the county. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A)]

6.07.500 Registration of dangerous dogs – Requirements – Annual fee.

(1) The owner or keeper of a dangerous dog must obtain a certificate of registration for such animal from animal control within 15 days of the declaration of dangerous dog or if appealed within 15 days of the appeal decision as provided in JCC 6.07.490. No dangerous dog shall be returned by Jefferson County to anyone prior to the issuance of a certificate of registration under this section. The certificate of registration shall be issued only if the owner or keeper of the dangerous dog presents sufficient proof of the following:

(a) A proper enclosure, approved by the sheriff or an animal control officer, to confine a dangerous dog and posting of the premises with a clearly visible sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog;

(b) A muzzle and leash, approved by the sheriff or an animal control officer as to strength and fit, for the dangerous dog;

(c) A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to animal control in the sum of at least $250,000 which provides for prior written notification to animal control of cancellation or material change, payable to any person for personal injuries or property damage caused by the dangerous dog regardless of whether the personal injury or property damage occurs on or off the owner’s or keeper’s premises; or

A policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000 with a maximum $500.00 deductible and which provides for prior written notification to Jefferson County of cancellation or material change, insuring the owner or keeper for any personal injuries and property damage inflicted by the dangerous dog regardless of whether the personal injury or property damage occurs on or off the owner or keeper’s premises and which does not exempt from its coverage personal injury or property damage inflicted by a dog; and

The owner or keeper of a dangerous dog shall furnish to animal control a complete copy of the surety bond or certificate of insurance specified in this subsection and shall allow the county a reasonable time to review the bond or policy to determine whether the surety bond or certificate of insurance is sufficient, prior to issuing the certificate of registration;

(d) The dangerous dog must be spayed/neutered at the owner’s expense to complete the registration. Any impounded dangerous dogs will be transported by Jefferson County to a veterinarian for spaying/neutering as part of the registration process;

(e) In addition to the regular dog licensing fees set forth in this chapter, the owner or keeper of a dangerous dog shall pay an annual registration fee in the amount of $100.00. The registration will be valid for 12 months or until the next December 31st, whichever comes first; and

(f) Proof that an identification microchip has been implanted in the dangerous dog. The owner of the dangerous dog shall bear the cost of having the microchip implanted.

(2) Notwithstanding the requirements set forth in subsection (1) of this section, animal control may issue a provisional registration certificate where:

(a) The dangerous dog declaration has been appealed, provided all conditions of this section have been met with the exception of subsection (1)(d) of this section requiring spay/neuter; or

(b) The owner is relocating the dangerous dog outside of Jefferson County and all conditions of this section have been met with the exception of subsection (1)(c) of this section requiring a surety bond or insurance policy.

Any provisional permit issued pursuant to subsection (2)(a) of this section shall expire 15 days following the appeal decision as provided in JCC 6.07.490; any provisional permit issued pursuant to subsection (2)(b) of this section shall be valid for the sole purpose of immediate transport and relocation of the dog from the shelter to a location outside Jefferson County.

(3) This section shall not apply to police dogs as defined in RCW 4.24.410.

(4) The owner or keeper of a dog declared a dangerous dog must notify Jefferson County in writing if the dog is deceased, is to be relocated or if there is a change in ownership.

(5) In the event of a change of ownership and/or relocation of the dangerous dog, the owner or keeper must provide Jefferson County with written notice 10 days in advance of any change that includes the complete address and phone number of the new owner or keeper prior to the change of ownership and/or relocation of the dangerous dog.

(6) The owner or keeper of the dangerous dog must also notify any subsequent owner or keeper of the dog’s designation as a dangerous dog. If change of ownership and/or relocation of a dangerous dog is within Jefferson County, all conditions imposed under this section shall be in place for the new owner and at the new location prior to such change.

(7) Dogs deemed dangerous by other jurisdictions in the state of Washington will be subject to the same regulations as if they have been deemed dangerous in Jefferson County. Any owner or keeper of a dog deemed dangerous by jurisdictions outside of the state of Washington relocating to Jefferson County, Washington, shall present the dog to animal control within 30 days of their arrival in Jefferson County to be evaluated by animal control or its designee on an individual basis to determine whether they meet the requirements of a dangerous dog, taking into account the criteria established by JCC 6.07.020(12). Dogs meeting the requirements of a dangerous dog under this subsection must be registered as such, and are subject to all other restrictions imposed under this section.

(8) An owner of a dog previously deemed dangerous by Jefferson County and subsequently relocated outside Jefferson County must register the dog pursuant to subsection (1) of this section prior to bringing the dangerous dog into Jefferson County; such dogs are prohibited from reentering Jefferson County without prior written consent from animal control and/or full reregistration.

(9) Dangerous dog registration must be renewed every 12 months. A reinspection of the facility is required prior to renewal. The owner or keeper shall also provide to animal control proof of surety bond or proper insurance certificate as specified in subsection (1) of this section prior to re-registration.

(10) An owner or keeper of a dog declared a dangerous dog shall be responsible for meeting and maintaining the requirements set forth in this section at all times. A violation of conditions imposed under this section is a gross misdemeanor. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A)]

6.07.510 Violations related to dangerous dogs and potentially dangerous dogs.

Enforcement for all violations pertaining to dangerous dogs and potentially dangerous dogs shall be exclusively enforced by the enforcement provisions codified in JCC Title 19, Code Compliance, as currently enacted or as hereafter amended. [Ord. 2-21 § 1 (Appx. A)]

6.07.520 Fees collected.

All fees and fines collected under this chapter shall be deposited in the county’s general fund, except those which may be retained by the entity or organization serving as the licensing agent or shelter operator as consideration for services, pursuant to an executed written contract with the county. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.460]

6.07.530 Provisions not exclusive.

The provisions of this chapter shall be cumulative and nonexclusive, and shall not affect any other claim, cause of action or remedy and do not repeal, amend or modify any existing law, ordinance or regulation relating to animal control, but shall be deemed additional to existing statutes, regulations and ordinances. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.510]

6.07.540 Disclaimer of liability.

Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the county, its officers, employees or agents, for any injury or damage resulting from the failure of anyone to comply with the provisions of this chapter, or by reason or in consequence of the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the county related in any manner to the enforcement of this chapter by its officers, employees or agents. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.520]

6.07.550 Liberal construction.

This chapter shall be liberally construed to carry out its broad purposes. [Ord. 2-21 § 1 (Appx. A); Ord. 10-15 § 2 (Att. A). Formerly 6.07.530]