Chapter 7.14
MISDEMEANORS, INFRACTIONS AND PENALTIES
Sections:
7.14.050 Infraction procedure.
7.14.060 Enforcement by civil action.
7.14.010 Misdemeanors.
(a) The following are declared to be misdemeanors, unless otherwise provided by state law:
(1) Removing Identification. For a person other than an owner or other authorized person to remove the license tag or other form of identification from a pet required or permitted to be licensed pursuant to this title;
(2) No valid License. To operate a commercial pet facility, animal welfare facility, or grooming parlor without a valid license;
(3) Regulatory Violations. To operate a commercial pet facility, animal welfare facility, or grooming parlor in a fashion contrary to that required by Section 7.08.040;
(4) Failure to Respond. To fail to respond to a notice of infraction issued pursuant to Section 7.14.030;
(5) Abandonment of Animal. For an owner to place an animal under circumstances which manifest or constitute a willful intent to abandon it, or to abandon an animal by leaving it on the street, road, or highway or in any public place or on private property without the property owner’s permission;
(6) Selling an Ill or Injured Animal. For an owner to sell an animal knowing it to be ill or injured;
(7) Refusal to Quarantine. For an owner to refuse to quarantine or permit the quarantine of an animal when and as required by Section 7.10.020;
(8) Interfering with Impounding. For a person to prevent, obstruct, or hinder the impoundment of an animal pursuant to Section 7.10.010;
(9) Possession of any Creature that is Venomous/Poisonous or Other Wild Animal. For a person to own or maintain any lion, tiger, bear, primate, cougar, mountain lion, badger, wolf, hybrid (except as provided for in Section 7.12.020), coyote, fox, lynx, alligator, crocodile, or venomous/poisonous creature, or other wild animals; provided, that circuses, zoos, licensed trappers and animal welfare organizations are exempt from this regulation if proper safeguards are taken, as required in the event permitting process, to protect the public and that the animal control authority is notified of their arrival and duration of stay in the unincorporated portion of the county. Provided further, that state-registered wildlife rehabilitation centers are exempt from this section with regard to care and rehabilitation of those wild animals that are indigenous to North America;
(10) Failing to First Obtain Written Court Approval. For an owner of an animal declared dangerous to sell, barter, or otherwise transfer the ownership, custody, or residence of the animal without first obtaining written court approval from the court or authority which declared the animal dangerous;
(11) Obstructing a Law Enforcement Officer/Animal Control Authority. For any person to willfully hinder, delay, or otherwise obstruct any law enforcement officer including, but not limited to, any animal control authority employee in the discharge of the employee’s official powers or duties;
(12) Making False or Misleading Statements to a Public Servant. For any person to knowingly make a false or misleading material statement to a public servant including, but not limited to, any animal control authority employee;
(13) Non-compliance with Hybrid Ownership Regulations. For the owner of a hybrid to not comply with Section 7.12.040. Any such hybrid animal may be impounded by the animal control authority;
(14) Failure to Control an Animal Declared Potentially Dangerous Pursuant to Section 7.12.020. Any such potentially dangerous animal may be impounded by the animal control authority;
(15) Habitual Violators. Any owner receiving two or more convictions, singularly or in combination, of crimes relating to animals within a five-year period, or four or more infractions, singularly or in combination, pursuant to Section 7.14.030 found to be committed by the district court within a five-year period;
(16) Failure to Report Striking of an Animal with a Vehicle. Any person who fails to report the striking of an animal to the animal control authority or law enforcement. No person shall be held liable for the injury or death of an animal under this section unless found to have committed a crime pursuant to the provisions of RCW 16.52 or this section;
(17) Ownership by a person under the age of eighteen years old of any dangerous or potentially dangerous animal.
(Ord. 575 (2019) § 6, 2020: Ord. 266 (2002) § 15, 2002: Ord. 127-A (1999) § 15, 1999: Ord. 127 (1989) § 16, 1989)
7.14.020 Misdemeanor penalty.
Any person, firm or corporation violating any provision of Section 7.12.020 and/or Section 7.14.010 shall be guilty of a misdemeanor, and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of Section 7.12.020 and/or Section 7.14.010 is committed, continued or permitted. Upon conviction of any misdemeanor violation, such person, firm or corporation shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than ninety days, or by both such fine and imprisonment.
(Ord. 575 (2019) § 7, 2020: Ord. 266 (2002) § 16, 2002: Ord. 127 (1989) § 17, 1989)
7.14.030 Infractions.
The following are declared to be Class 1 civil infractions under RCW 7.80.120:
(1) Animal at Large. For the owner of a pet or livestock to suffer or permit such animal to leave the premises of the owner, unless the animal is under physical restraint adequate to the size and nature of the animal or is sufficiently near its owner to be under its owner’s direct control and is obedient to its owner’s commands. Exceptions to this restriction are pets engaged in formal training, hunt or competition, or service dogs engaged in an activity for which they are trained or in service. Animals may be returned to their owners by the animal control authority without formal impound if the authority can determine its owner through license, microchip or other methods. The board of county commissioners by resolution shall establish a fee for returning an animal under these circumstances;
(2) Animal Noise.
(A) Animal Noise Disturbances – Prohibited. For any person to keep or own any animal which by its barking, howling, baying, squealing, crowing, crying, bleating, screeching, or making any other noise that, by its volume or frequency, unreasonably disturbs or interferes with the peace of any person for more than fifteen minutes of any one-hour period of any day, on three or more separate days during a sequential seven-day period. This subsection shall not apply if the owner or keeper of the animal can substantiate that such animal noise was caused by an illness or injury to the animal, the torment or abuse of the animal by others, or by willful trespass on the property by others. This subsection also shall not apply to farms in permitted zones (as defined and described in Sections 17.455.020 and 17.455.030), commercial pet facilities, animal welfare facilities, veterinary hospitals, or grooming parlors, provided those entities are otherwise in compliance with the Kitsap County Code including, but not limited to, Section 7.08.040.
(B) Animal Noise Disturbances – Enforcement. Enforcement action for violations of subsection (2)(A) of this section shall only be undertaken when:
(i) Animal control officers have directly witnessed an animal noise disturbance by personally observing the three required intervals of animal noise during the sequential seven-day period;
(ii) Animal control officers have received separate complaints from at least two neighboring property owners or residents, each of whom has personally witnessed three or more animal noise disturbances during the same thirty-day period, and each of whom has provided animal control officers with a written ledger documenting the times, dates, and durations of the separate intervals of animal noise that collectively comprise the three animal noise disturbances; or
(iii) Animal control officers have received a complaint from a single neighboring property owner or resident who has personally witnessed five or more animal noise disturbances during a sixty-day period, and has provided animal control officers with a written ledger detailing the times, dates, and durations of each separate interval of animal noise that collectively comprise the five animal noise disturbances. Where such a complaint has been received, animal control officers will first provide a written warning to the keeper or owner of the animal. If the complaining neighboring property owner or resident subsequently submits ledgers documenting two or more additional animal noise disturbances that occurred during the sixty-day period following the issuance of the warning, animal control officers may take enforcement action.
(C) If the disturbance is not directly witnessed by an animal control officer, the complainant may be asked to testify at any subsequent enforcement hearing on the alleged violation. Multiple violations within a calendar year may require the seizure and impound of the animal, pursuant to Section 7.10.010;
(3) Damaging Property. For the owner of a pet or livestock to suffer or permit the animal to leave the premises of the owner and thereafter cause damage to any thing of value or any other pet or livestock;
(4) Disturbing Pedestrians. For the owner of a pet or livestock, when off the property of the owner or in a wheeled vehicle, to suffer or permit the animal to disturb people lawfully on public ways;
(5) Chasing Vehicles. For the owner of a pet or livestock to suffer or permit the animal to chase or run at or after vehicles lawfully on public ways;
(6) Reporting and Releasing Stray Animals. For any person to fail to notify the animal control authority that a stray pet or livestock is in the person’s possession, or to refuse to release such stray animal to the animal control authority upon demand;
(7) Releasing Animal. For any person except the owner or other authorized person to release any pet or livestock from confinement;
(8) Excess Number of Cats and/or Dogs. To own five or more adult cats and/or dogs at the same place or residence without a valid commercial pet facility, animal welfare facility, hobbyist or enthusiast license;
(9) No Valid License. To operate or maintain a hobbyist facility or enthusiast facility without a valid license;
(10) Failure to License. To fail to license a cat or dog as required by Section 7.08.010;
(11) Regulatory Violations. To operate a hobbyist facility or enthusiast facility in a fashion contrary to that required by Sections 7.08.050 and 7.08.065;
(12) Animal Bites. To own a pet or livestock that bites a person while such person is on public property or lawfully on private property;
(13) Agitating an Animal. To intentionally agitate, harass, or provoke a pet or livestock;
(14) Failing to Notify Animal Control Authority of Change of Ownership, Custody, and/or Residence. For any owner of an animal that has been declared dangerous or potentially dangerous to sell, barter, or otherwise transfer the ownership, custody, or residence of such an animal without notifying the animal control authority within fourteen calendar days of the change as required by Section 7.12.010(m) or to otherwise fail to comply with the requirements of that section;
(15) Sale, Barter, or Other Transfer of Pets in Public Places Prohibited. It is unlawful to sell, barter, or otherwise transfer for the purpose of changing ownership any pet in an area open to the public, unless such activity is pursuant to Section 7.08.040, or occurs at a sanctioned dog or cat show;
(16) Failure to Provide Adequate Care. For any owner of a pet or livestock to fail to:
(A) Provide adequate food and water for any pet or livestock, as defined in Section 7.04.020(1);
(B) Provide adequate shelter for any pet or livestock, as defined in Section 7.04.020(2), except as may be appropriate for short term medical requirements or generally accepted livestock husbandry practices such as swine farrowing;
(C) Provide appropriate habitat and medical care; or
(D) Maintain facilities housing pets in a healthful, sanitary, and safe manner;
(17) Confinement of an Animal in a Wheeled Vehicle. No person shall confine any pet or livestock in a wheeled vehicle in such a manner that places the animal in a life- or health-threatening situation by exposure to a prolonged period of heat or cold, without proper ventilation or other protection from such heat or cold. In order to protect the health and safety of such animal, an animal control authority employee or law enforcement officer who has probable cause to believe that this section is being violated shall have the authority to enter such vehicle to remove such animal by any reasonable means under the circumstances after making a reasonable effort to locate the owner. No law enforcement officer or animal control authority employee shall be held liable for any damage to property resulting from actions taken under this section or pursuant to Chapter 16.52 RCW;
(18) Transporting a pet or livestock in the open bed of a pickup truck or other outside part of a vehicle unless a suitable harness, cage, or enclosure is utilized and attached so as to protect such animal from falling or being thrown from the vehicle, and would not by its design or application cause injury to the animal;
(19) Pets Chasing Livestock. For the owner of a pet to permit that animal to harass or chase another owner’s livestock, when not engaged in the specific work of herding approved by the owner of the livestock;
(20) Animal Waste. For the owner of a pet to fail to remove deposits of fecal material originating from the owner’s animal from public or private property unless the owner of such property has given permission for such material to be deposited. This shall not authorize such deposits as are otherwise governed by public health regulations or other provisions of this code.
(Ord. 556 (2018) § 1, 2018: Ord. 510 (2013) § 11, 2013: Ord. 266 (2002) § 17, 2002: Ord. 127-A (1999) § 16, 1999: Ord. 127 (1989) § 18, 1989)
7.14.040 Infraction penalty.
The base penalty for any infraction specified in Section 7.14.030 shall be $76.00 for the first violation, $142.00 for the second infraction committed within one calendar year, and $192.00 for the third and subsequent infractions committed within one calendar year. In addition to the base penalty, a public safety and educational assessment and any other assessments required by statute shall be imposed. Each and every day or portion thereof in which an infraction is committed shall constitute a separate and distinct infraction. Provided, that if a person cited for failure to license a dog or cat under Section 7.14.030(11) presents evidence of a valid license to the district court, the citation shall be dismissed without cost, except that the court may assess court administration costs of $25.00 at the time of dismissal.
(Ord. 266 (2002) § 18, 2002: Ord. 127-A (1999) § 17, 1999: Ord. 127 (1989) § 19, 1989)
7.14.050 Infraction procedure.
Infractions under this title shall, insofar as possible, be charged and processed pursuant to justice court traffic infraction rules as now or hereafter amended.
(Ord. 127 (1989) § 20, 1989)
7.14.060 Enforcement by civil action.
Any action or inaction by any animal or the owner or keeper thereof which is contrary to the provisions of this title, regardless if such constitutes a crime or infraction hereunder, shall be, and the same are declared to be unlawful and a public nuisance and compliance with this title may be enforced by an action for abatement or injunction brought by an affected citizen or by the prosecuting attorney.
(Ord. 127 (1989) § 21, 1989)