Chapter 8.03
ANIMAL CONTROL*
Sections:
8.03.010 Animal control authority.
8.03.020 King County Code – Chapters adopted by reference.
8.03.030 Definitions.
8.03.040 Dogs – Leash required.
8.03.050 Animal waste – Removal required.
8.03.060 Compliance with local zoning and health regulations.
8.03.070 Animal nuisances defined.
8.03.080 Violations and enforcement – Penalties.
*Cross reference(s) – Animals in parks and recreation areas, § 4.01.030; environmental policy, ch. 11.03; keeping of animals, § 15.08.070.
State law reference(s) – Trespass of animals, RCW 16.04.005 et seq.; dangerous dogs, RCW 16.08.010 et seq.
8.03.010 Animal control authority.
The city of Kent has contracted with King County and its animal control section, division of general services, to provide animal control, sheltering, and licensing services for the city of Kent. That contract does not divest the city of its authority to independently enforce its code. As such, the provisions of this chapter may be enforced by law enforcement officers or by King County animal control officers, both of whom are hereby authorized to issue and file notices of infraction with the Kent municipal court as provided for in KCC 8.03.080. Additionally, for those violations of the King County Code that are adopted by reference for application and enforcement within the city of Kent, King County animal control officers may enforce those provisions in accordance with the King County Code. A copy of the Interlocal Agreement between the city of Kent and King County for animal control services is available for public examination in the city clerk’s office.
(Ord. No. 4162, § 1, 9-1-15)
8.03.020 King County Code – Chapters adopted by reference.
A. Chapters adopted. The following chapters of the King County Code, as currently enacted or hereafter amended or recodified, are adopted by reference for enforcement and application within the city of Kent and shall be given the same force and effect as if set forth herein in full:
1. King County Code, Chapter 11.04, entitled “Animal Care and Control Regulations,” with the following exceptions:
a. All references made in King County Code Chapter 11.04 to Title 21A of the King County Code, which establishes King County’s zoning provisions and limits the number of animals that may be kept in a dwelling unit without the application of certain licensing requirements, shall be replaced with a reference to KCC 15.08.070.
b. King County Code Section 11.04.010.B shall be read to provide that if there is a conflict between a provision of Chapter 11.04 of the King County Code and a provision of the Kent City Code, the provision of the Kent City Code shall control.
c. King County Code Section 11.04.240 regarding police department dogs is not adopted because the city of Kent has adopted a similar provision at KCC 9.02.280.
d. King County Code Section 11.04.510 shall be read to provide that no person within the city of Kent shall publish or advertise to King County residents the availability of any unaltered cat or dog unless the publication or advertisement includes the unaltered animal’s license number; provided, however, that nothing in this chapter shall prohibit licensed breeders from advertising in national publications for sale of a planned litter or litters.
2. King County Code, Chapter 11.12, entitled “Rabies Control”;
3. King County Code, Chapter 11.20, entitled “Disposition of Fowl and Rabbits”;
4. King County Code, Chapter 11.24, entitled “Stock Restricted Area”;
5. King County Code, Chapter 11.28, entitled “Exotic Animals”;
6. King County Code, Chapter 11.32, entitled “Guard Dogs.”
B. Agency references. Unless the context requires otherwise, references to “King County,” “county,” and “unincorporated King County” in the King County provisions adopted by reference through subsection (A) of this section shall be interpreted to mean the city of Kent.
C. King County Code – Available for inspection. In the city clerk’s office, the city shall maintain for review by the general public one copy of the King County Code provisions adopted by reference in this chapter. The King County Code is also available online through King County’s website at: www.kingcounty.gov.
(Ord. No. 3979, § 1, 10-19-10; Ord. No. 4162, § 1, 9-1-15. Formerly 8.03.005)
8.03.030 Definitions.
The following words, terms, and phrases as used in this chapter shall have the meanings ascribed to them in this section, unless a different meaning is plainly required. For those King County Code provisions adopted through KCC 8.03.020(A), the words, terms, and phrases used in those King County Code provisions shall have the meanings ascribed to them by the King County Code.
A. Domesticated fowl means any duck, goose, swan, chicken, or other fowl of similar size and character.
B. Large domesticated animal means any horse, mule, ass, bovine animal, lamb, goat, sheep, or other animal of similar size and character; provided, it shall not mean pigs or swine of any kind.
C. Owner means any person having an interest in or right of possession to an animal. Owner also means any person having control, custody, or possession of any animal, or by reason of the animal being seen residing consistently at a location to an extent such that the person could be presumed to be the owner.
D. Person means any individual, firm, business, association, partnership, corporation or other legal entity, public or private, however organized. Because person shall include both human and non-human entities, any of the following pronouns may be used to describe a person: he, she, or it.
E. Person responsible for the violation means any of the following: a person who has titled ownership or legal control of the property or structure that is subject to the regulation; an occupant or other person in control of the property or structure that is subject to the regulation; a developer, builder, business operator, or owner who is developing, building, or operating a business on the property or in a structure that is subject to the regulation; or any person who created, caused, or has allowed the violation to occur.
F. Small domesticated animal means any dog, cat, rabbit, or other animal of similar size and character. Included within this definition is a type of swine commonly known as Vietnamese, Chinese, or Asian potbelly pigs (Sus scrofa bittatus).
G. Under control means a dog who is either under competent voice control or competent signal control, or both, so as to be restrained from approaching any bystander or other animal and from causing or being the cause of physical property damage when off a leash or off the premises of the owner. Evidence that a bystander or other animal was approached by the dog, or evidence that the dog caused physical property damage, is prima facie evidence that the dog was not under control.
(Ord. No. 2316, § 2; Ord. No. 2787, § 2(9.16.08), 6-21-88; Ord. No. 3156, § 1, 2-15-94; Ord. No. 3218, § 1, 4-4-95; Ord. No. 3429, § 1, 12-8-98; Ord. No. 3837, § 1, 4-17-07; Ord. No. 3844, § 1, 6‑19-07; Ord. No. 3979, § 1, 10-19-10; Ord. No. 4162, § 1, 9-1-15. Formerly Code 1986, § 9.16.08)
8.03.040 Dogs – Leash required.
A. Leash required. It is unlawful for the owner of any dog to cause, permit, or allow such dog to roam, run, stray, or to be away from the premises of such owner and to be on any public place, or on any public property, or on the private property of another, unless such dog, while away from the premises of the owner, is controlled by a leash, cord, or chain held or otherwise secured by the owner and of a length sufficient to restrain the dog from approaching any bystander or other animal, or from causing or being the cause of physical property damage when off the premises of the owner. A leash of eight feet in length or smaller is presumed to be a leash of sufficient length for purposes of this section. A violation of this section may be enforced as provided for in KCC 8.03.080.
B. Exceptions. A leash is not required if the dog is:
1. Within an area of a park expressly designated as an off-leash area; or
2. Upon the premises of another with that owner or occupant’s permission and the dog is secured or otherwise under control in a manner that prevents it from roaming, running, or straying away from the premises; or
3. Under control and engaged in lawful obedience training, lawful hunting, lawful competition sanctioned by a nationally recognized body or a local chapter thereof, or lawful training in preparation for such hunting or competition; or
4. Contained within a vehicle under circumstances that do not amount to a violation of another law; or
5. A working dog engaged in the herding of livestock or in sanctioned search and rescue activities; or
6. A law enforcement canine in the performance of the canine’s duty or training.
C. A violation of this section may be enforced as provided for in KCC 8.03.080. Alternatively, a dog running at large within the city of Kent is a public nuisance under the King County Code provisions adopted through KCC 8.03.020(A) and may be enforced by King County animal control through the code enforcement provisions provided for in the King County Code.
D. Impound and redemption. Any dog found roaming, running, straying, or being away from such premises and not on a leash as herein provided may be impounded subject to redemption in the manner provided for by King County animal control.
(Ord. No. 4162, § 1, 9-1-15)
8.03.050 Animal waste – Removal required.
It is unlawful for any person to fail to immediately remove fecal matter deposited by a dog or other animal in his or her possession on any public property, including, without limitation, a park, sidewalk, trail, street, parking lot, waterway, lake, pond, or landscaping, or on any private property that does not belong to the animal’s owner, custodian, or other person having possession of the animal. A violation of this section may be enforced as provided for in KCC 8.03.080.
(Ord. No. 4162, § 1, 9-1-15)
8.03.060 Compliance with local zoning and health regulations.
A. Zoning compliance. The applicant for an original animal shelter, kennel, grooming parlor, cattery, hobby kennel, or pet shop license shall, prior to issuance of such license, present to the animal control authority any required zoning permit from the city planning department.
B. Health inspection. Before an animal shelter, kennel, grooming parlor, cattery, hobby kennel, or pet shop license may be issued by the animal control authority, a certificate of inspection from the Seattle-King County health department or King County animal control division must be issued showing that the animal shelter, kennel, grooming parlor, cattery, hobby kennel, or pet shop is in compliance with hygienic standards of this chapter or other applicable ordinances or regulations.
(Ord. No. 2316, § 4B; Ord. No. 3156, § 1, 2-15-94; Ord. No. 4162, § 1, 9-1-15. Formerly Code 1986, § 9.16.20. Formerly 8.03.090)
8.03.070 Animal nuisances defined.
Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, subjecting the person responsible for the violation to the penalties provided for in KCC 8.03.080:
1. Maintaining large domesticated animals on lots of less than 20,000 square feet or in violation of KCC 15.08.070.
2. Maintaining more than three small domesticated animals per business establishment or dwelling unit on lots of less than 20,000 square feet, or maintaining any small domesticated animal in violation of KCC 15.08.070; provided, this section shall not apply to a properly licensed business operating as a pet shop, veterinary clinic, or animal shelter to the extent that the animals maintained at the business are maintained for the purposes of conducting the business and not for the personal benefit of the owner, operator, or any employee or volunteer of such business.
3. Maintaining more than three domesticated fowl on lots of less than 5,000 square feet, or maintaining any domesticated fowl in violation of KCC 15.08.070; provided, this section shall not apply to a properly licensed veterinary clinic to the extent that maintaining the domesticated fowl is necessary for the veterinary treatment of the domesticated fowl.
(Ord. No. 2316, § 6; Ord. No. 2787, § 2(9.16.64), 6-21-88; Ord. No. 3156, § 1, 2-15-94; Ord. No. 3837, § 4, 4-17-07; Ord. No. 3844, § 2, 6-19-07; Ord. No. 3979, § 1, 10-19-10; Ord. No. 4162, § 1, 9-1-15. Formerly Code 1986, § 9.16.64. Formerly 8.03.210)
8.03.080 Violations and enforcement – Penalties.
Any violation of this chapter may be enforced as provided for in this section. In the alternative, any violation of a King County Code provision adopted in this chapter for application and enforcement within the city of Kent may be enforced by King County animal control as provided for within the King County Code.
A. Civil infraction. A person who violates any provision of this chapter may be issued a civil infraction as provided in this section, which shall be filed in the Kent municipal court and processed in the same manner as other infractions filed in the Kent municipal court.
1. Leash requirement – KCC 8.03.040. Fine amounts for violation of the leash requirement of KCC 8.03.040 shall be as follows:
a. A first violation is a fine of $100;
b. A second violation is a fine of $200;
c. A third violation is a fine of $400; and
d. A fourth or subsequent violation is a fine of $500.
2. Waste removal – KCC 8.03.050. Fine amounts for violation of the waste removal requirement of KCC 8.03.050 shall be as follows:
a. A first violation is a class 4 civil infraction as set forth in RCW 7.80.120, as currently enacted or hereafter amended. As of the adoption date of the ordinance codified in this chapter, this statutory fine amount is $25.
b. A second violation is a class 3 civil infraction as set forth in RCW 7.80.120, as currently enacted or hereafter amended. As of the adoption date of the ordinance codified in this chapter, this statutory fine amount is $50.
c. A third or subsequent violation is a class 2 civil infraction as set forth in RCW 7.80.120, as currently enacted or hereafter amended. As of the adoption date of the ordinance codified in this chapter, this statutory fine amount is $125.
3. All other violations. Except for leash and waste removal violations as noted above, any person who violates any provision of this chapter may be issued a class 2 civil infraction as set forth in RCW 7.80.120, as currently enacted or hereafter amended. As of the adoption date of the ordinance codified in this chapter, this statutory fine amount is $125.
B. Criminal offense – Leash requirement – Repeated violation. Except as otherwise specifically provided for within this section, a person who knowingly commits a repeated violation of the leash requirement provided for in KCC 8.03.040 is guilty of a misdemeanor, punishable by up to the maximum penalty established in RCW 9A.20.021(3) as now enacted or hereafter amended.
1. Repeated violation – Definition. For purposes of this section repeated violation means, as evidenced by a prior committed finding by the Kent municipal court of an infraction issued under this chapter, or a committed finding by King County’s hearing examiner of a public nuisance under Title 11 of the King County Code, that the person charged has violated KCC 8.03.040 four times within a one-year period. Therefore, on the fourth time a violation occurs within any one-year period, the person may be criminally charged for a repeated violation.
(Ord. No. 4162, § 1, 9-1-15)