Chapter 6.10
ANIMAL REGULATIONS
Sections:
6.10.030 Animal control authority.
6.10.050 Dog licensing – Requirement.
6.10.055 Exotic animals – Licensing and housing.
6.10.060 Application for license.
6.10.110 Duty when striking domestic animal with motor vehicle.
6.10.120 Miscellaneous provisions for dogs.
6.10.130 Dangerous dogs and potentially dangerous dogs – License required.
6.10.140 Dangerous dogs and potentially dangerous dogs – Determination.
6.10.150 Dangerous dogs and potentially dangerous dogs – License fees.
6.10.160 Dangerous dogs – Additional requirements.
6.10.170 Dangerous dogs and potentially dangerous dogs – Penalties.
6.10.180 Dangerous dogs and potentially dangerous dogs – Police dogs.
6.10.190 Enforcement – General.
6.10.220 Impoundment register.
6.10.240 Notice of violation and abatement notices.
6.10.270 Costs of enforcement action.
6.10.280 Compromise, settlement and disposition of suits.
6.10.320 Legal or equitable relief.
6.10.340 Livestock and small livestock.
6.10.350 Facility licenses – Requirement.
6.10.360 Facility licenses – Application.
6.10.370 Facilities – General conditions.
6.10.390 Outdoor facility conditions.
6.10.400 Grooming parlors – Conditions.
6.10.410 Vaccination required.
6.10.010 Purpose.
It is the public policy of the city of La Center to adopt and enforce animal control measures deemed desirable and necessary for the protection of the health, welfare and safety of the residents and animals of the city of La Center and to prevent injury to property and cruelty to animals. To this end, it is the purpose of this chapter to provide a means of licensing dogs, other animals and facilities; to regulate animal behavior so that it will not constitute a nuisance; to prevent or curtail inhumane treatment to animals; to regulate and control dangerous dogs and to adopt other miscellaneous animal control measures. [Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.020 Definitions.
In construing the 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; in addition, the following definitions shall apply:
(1) “Abatement” means to repair, replace, remove, destroy or to otherwise remedy the condition in question by such means and in such a manner and to such an extent as the animal control authority, in his/her judgment, determines is necessary in the interest of general health, safety and welfare of the city.
(2) “Adult dog” means any dog having a set of permanent canine teeth, or any dog six months or over.
(3) “Animal” means any member of the class reptile, fish, bird or mammal, except humans.
(4) “Animal control authority” means any employee of the city of La Center, agent thereof, or appropriate contractor, any of which shall be designated for this limited purpose of enforcing this chapter and the laws of the state of Washington as they pertain to animal control and welfare.
(5) “Animal shelter” means a facility which is used to house or contain stray, homeless, abandoned, impounded or unwanted animals, and which is owned, operated or maintained by a public body, an established humane society, an animal welfare society, a society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.
(6) “City” means the city of La Center.
(7) “Dangerous dog” means any dog that, when unprovoked:
(a) Inflicts severe injury on a human being without provocation on public or private property; or
(b) Kills a domestic animal or livestock without provocation while off the owner’s property; or
(c) Has been previously found to be potentially dangerous and the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans, domestic animals or livestock.
(8) “Domestic animal” or “pet” means any animal other than livestock that lives and breeds in a tame condition. This generally refers to dogs, cats and some birds.
(9) “Exotic animal” means any animal, when in its wild state, or due to its large size, habits, natural propensities, training or instinct, that presents a danger or potential danger to human beings, animals or property, whether bred in the wild or in captivity, and any hybrids thereof. Exotic animals shall include but are not limited to those animals identified in RCW 16.30.010(2) and WAC 220-640-200. Examples include carnivores, primates and venomous reptiles.
(10) “Facility” means any premises used to conduct an animal shelter or animal-related business such as grooming, breeding, boarding, sale or training of domestic or guard animals, but excluding animal hospitals or clinics where animals are kept only for treatment by licensed veterinarians.
(11) “Guard dog” means any dog which has been trained or represented as trained to protect persons and/or property by virtue of exhibiting hostile propensities and aggressiveness to unauthorized persons.
(12) “Lawful training” means to be engaged in training on the premises of the owner or on the land of another person by permission, or on public land that is set aside for training or is open for hunting or trapping; provided, that the dog is accompanied afield by the owner or trainer.
(13) “Leash” includes a cord, thong or chain not more than 15 feet in length by which an animal is physically controlled by the person accompanying it.
(14) “Livestock” means any horse, mule, burro, dairy or beef animal, llama, goat, sheep, swine, rabbit and poultry.
(15) “Off-leash dog park” means any city-designated park or public open space area designated for dogs to be run off leash.
(16) “Owner” means any person possessing, harboring, keeping, having an interest in, or any person having control or custody of an animal. In a household setting, the owner is presumed to be the head of the household.
(17) “Person” means any individual, partnership, corporation or other legal entity.
(18) “Police dog” means a dog used by a law enforcement agency and specially trained for law enforcement work.
(19) “Potbelly pig” means a breed of small domesticated pigs.
(20) “Potentially dangerous dog” means any dog that, when unprovoked:
(a) Inflicts bites on a human or an animal either on public or private property; or
(b) Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency or disposition to attack unprovoked, or to cause injury or otherwise to threaten the safety of human or domestic animals.
(21) “Proper enclosure of a dangerous dog” means while on the owner’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 shall also provide protection from the elements for the dog.
(22) “Provocation” includes, but is not limited to, situations where threat, injury, or damage is sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.
(23) “Quarantine” is defined as the keeping of a biting animal or the suspected biting animal separate and apart from other animals and people for a minimum period of 14 days. The animal must not be kept in any area that is accessible to other animals or persons, but may be kept indoors, caged, or confined in a completely fenced yard by a chain or secure harness device.
(24) “Restraint” means an animal is under the direct physical control of the person in charge of it with a leash, harness or other means. An animal is considered to be under restraint if it is maintained and remains within the property limits of its owner or keeper.
(25) “Running at large” means to be off the premises of the owner and not under the control of the owner by leash; provided, that an animal within an automobile or other vehicle of its owner shall be deemed to be upon the owner’s premises.
(26) “Senior citizen” means an adult who is age 65 or older.
(27) “Service animal” means any dog or miniature horse 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. The work or tasks performed by the service animal must be directly related to the individual’s disability as further defined in RCW 49.60.040.
(28) “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
(29) “Small livestock” means any domesticated sheep, goat, and swine.
(30) “Stray” means any animal captured, impounded, or in the custody of animal control, its employees or agents, or at an area authorized by animal control to care for and keep custody of animals.
(31) “Under control” means the voice, signal or physical control that restrains an animal from approaching a bystander, from entering private property, and from causing damage to property. An animal is presumed not to have been under control if injury, damage or trespass has occurred.
(32) “Vicious” means showing a propensity without sufficient provocation to do any act which endangers the safety of persons, animals or property. [Ord. 2023-06 § 1, 2023; Ord. 2018-13 Exh. A, 2018; Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.030 Animal control authority.
There is established an animal control authority appointed and authorized by the mayor to administer and enforce the provisions of this chapter and the laws of the state of Washington as they pertain to animal control and welfare. It is recognized that other agencies, such as the Washington State Department of Fish and Wildlife, the Southwest Washington Health District, Humane Society for Southwest Washington and the Clark County animal control, also have animal control and welfare responsibilities and interests. Because of possible concurrent jurisdiction, the city is authorized to enter into interlocal contracts for services with other governmental agencies to administer this chapter and to provide for coordination, referral and assistance to and among other appropriate agencies. [Ord. 2023-06 § 2, 2023; Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.040 City animal fund.
Repealed by Ord. 2023-06. [Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.050 Dog licensing – Requirement.
(1) License Required. All adult dogs harbored, kept or maintained within the city shall be registered with the city at all times.
(2) Term of License. Dog licenses shall be valid one year from the date of issuance and shall be issued upon payment of the fees and satisfaction of other requirements contained in this chapter. Dog licenses must be renewed annually.
(3) When License Must Be Procured.
(a) The application for a license must be made within 30 days of acquisition of a new dog unless the dog is under the age of six months.
(b) The application for a license must be made within 30 days after a newly acquired dog has developed a permanent set of canine teeth or is six months or older.
(c) The application for a license must be made within 30 days after a new resident to the city with an unlicensed dog has established residency.
(d) At no time shall there be more than four adult dogs per household. [Ord. 2023-06 § 4, 2023; Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.055 Exotic animals – Licensing and housing.
It is unlawful for any person to bring into the city, or to possess or maintain within the city, any exotic animal as defined in LCMC 6.10.020(9).
This section shall not apply to uninterrupted transport of wild or exotic animals through the city by truck. Exempt from the permit requirement of said section are circuses and zoos, and 4-H exhibitions staying within the city for a limited time of no more than 14 days; provided, that proper safeguards are taken to protect the public and the animal control authority is notified of their arrival, all locations used to keep the animals, and duration of stay. [Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.060 Application for license.
(1) The person registering a dog shall submit to the finance director/city clerk the following information:
(a) The name, email, address and phone number of the legal owner of the dog being registered;
(b) The name, address, email and phone number of the person having custody of the dog, if that person is not the legal owner;
(c) The name, age, breed, color and sex of the dog being registered, and whether or not the dog has been neutered or spayed;
(d) Distinguishing features, markings, tattoos or microchip of the dog being registered;
(e) The address of the property at which the dog is ordinarily kept or maintained;
(f) A current certificate of a veterinarian indicating the last date on which the dog received an initial or booster vaccination against rabies, along with the expiration date of the vaccination. Should the dog be unable to be immunized against rabies for medical reason, the signed statement of a veterinarian shall be accepted as proof in lieu of the rabies vaccination certificate.
(2) If any of the above information is not supplied by the applicant to the finance director/city clerk upon application for a license, no license shall be issued. If the required information is not supplied within 14 days after the initial filing of the application, the applicant will be charged the fee for having an unlicensed dog. If the applicant continues to withhold the required information after that, the applicant will be subject to the penalties set forth in this chapter. [Ord. 2023-06 § 5, 2023; Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.070 License fees.
The annual fee for animal licenses issued under this chapter shall be in the amount as set and established by council resolution or ordinance. [Ord. 2022-02 § 3, 2022; Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.080 Metal tags.
Upon application, submission of proof of immunization and payment of fees by the owner or person having the custody and control of any dog, the city shall issue such person a numbered licensed identification tag for each dog so registered, and such person shall ensure that the tag is securely affixed to a substantial collar or harness to be worn by the dog at all times except at the time the dog is displayed in exhibition. License tags are not transferable between dogs or between owners. [Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.090 Animal nuisances.
It shall be unlawful for any person to cause, allow, or permit, either willfully or by failure to exercise due care, or participate in any of the following, which are singly or together defined as a public nuisance:
(1) Any animal which by habitual howling, yelping, barking or other noise disturbs or annoys any person or neighborhood to an unreasonable degree, taken to be continuous noise for a period of 10 or more minutes or intermittent noise for a period of 30 or more minutes. It shall be an affirmative defense under this subsection that the animal was intentionally provoked to make such noise; provided, that enactment of this provision shall in no way abrogate any other provision under this chapter concerning animal noise.
(2) Any animal which enters upon private or public property, so as to damage or destroy any real or personal property, including livestock, thereon.
(3) Any animal which chases, runs after, or jumps at vehicles using the public streets.
(4) Any animal which snaps, growls, snarls, jumps at or upon, or otherwise threatens persons lawfully using public sidewalks, streets, or other public ways.
(5) Animals running in packs.
(6) Any animal which dumps garbage or strews trash on public or private property.
(7) Any animal, whether licensed or not, which runs at large, unleashed or without restraint, except that this section shall not apply in off-leash dog parks or where the dogs are engaged in lawful obedience training, lawful hunting activity, lawful competition sanctioned by a nationally recognized body or a local chapter thereof, or lawful training in preparation for such hunting or competition, are working dogs engaged in the herding of livestock, or are working dogs engaged in sanctioned search and rescue activities, or are in city-designated off-leash areas.
(8) Any animal which enters any place where food is prepared, served, stored or sold to the public; provided, however, that this section shall not apply to any person using a service animal as defined by RCW 49.60.040(24) now existing or as hereinafter amended or a duly authorized law enforcement officer or security guard using guard dogs in performance of their duties.
(9) Animals confined, staked or kept on public property without prior consent of the animal control authority.
(10) Animals kept, harbored or maintained and known to have a contagious disease, unless under the treatment of a licensed veterinarian or being kept for medical research.
(11) Animals on public or private property not under the control of the owner or other competent person and without the consent of the applicable property owner.
(12) The ownership, harboring, or keeping of any species of animals designated by the Washington State Department of Health pursuant to WAC 220-640-200, together with amendments thereto, as dangerous to the public including skunks, foxes, raccoons, venomous animals of any kind, except as lawfully authorized for fur farming.
(13) The taking from the wild, or the holding in captivity, or the having in one’s possession, or the exportation from or importation into the city of any species designated in WAC 220-640-200, together with amendments thereto, as protected wildlife, as furbearing animals, or as game fish, birds, or animals, except as lawfully authorized.
(14) Any unlicensed dog.
(15) Anyone with custody of an animal that fails to remove any fecal matter deposited by the animal on public property or private property of another before the custodian leaves the immediate area where the fecal matter was deposited.
(16) Any animal which causes injury or harm to any person while such person is in or on a public place or lawfully in or on a private place including the property of the owner of such animal.
(17) Any unconfined female animal while in estrus which is accessible to other animals, except those used for controlled and planned breeding.
(18) Any animal violating or involved in a violation of the provisions of this chapter.
(19) Possession of roosters. [Ord. 2023-06 § 6, 2023; Ord. 2018-13 Exh. A, 2018; Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.100 Cruelty to animals.
(1) The following, singly or together, are deemed to constitute cruel treatment to animals. Therefore, it is unlawful for any person, firm, or corporation to:
(a) Willfully and cruelly kill, injure, poison, torture or torment any animal;
(b) Intentionally or negligently cause or allow any animal to endure pain, suffering or injury, or fail or neglect to aid or attempt to alleviate pain, suffering or injury, including not providing needed veterinarian care;
(c) Neglect or failure to provide minimum care to any animal within his or her care, custody or control. For the purpose of this subsection, “minimum care” means care sufficient to preserve the health and well-being of an animal except for emergencies or circumstances beyond the reasonable control of the owner. Minimum care includes, but is not limited to, the following requirements:
(i) In each period of 24 consecutive hours, food of sufficient quantity and quality to allow for normal growth or maintenance of body weight;
(ii) In each period of 24 consecutive hours, open or adequate access to potable water in sufficient quantity to satisfy the animal’s needs. Neither snow nor ice is an adequate water source;
(iii) In the case of pets or domestic animals, access to a barn, dog house or other enclosed structure sufficient to protect the animal from wind, rain, snow or sun, and which has adequate bedding to protect against cold and dampness;
(iv) In the case of livestock, protection from adverse environmental elements detrimental to the health and well-being of the animal;
(v) Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect or disease;
(vi) Pets or domestic animals shall not be confined to an area without adequate space for exercise necessary for the health of the animal or which does not allow access to a dry place for the animals to rest. The air temperature in a confinement area must be suitable for the animal involved. The confinement area must be kept reasonably clean and free from excess waste or other contaminants which could affect the animal’s health;
(d) Tether, confine or restrain any animal in such a way as to permit said animal to become frequently entangled in such tether, restrict the animal’s access to adequate shelter and shade or render said animal incapable of consuming food or water provided for it; while at the same time failing to allow adequate space for freedom of movement necessary when tethered for extended periods of time; said tether to be not shorter than three times the length of the animal, measured from the tip of its nose to the base of its tail;
(e) Abandon any animal by dropping off or leaving said animal on the street, road, or highway, or in a public place, or the private property of another person, firm or corporation;
(f) Confine an animal within or on a motor vehicle or other enclosure or structure when unattended and under such conditions as may endanger the health and well-being of the animal. Such conditions include, but are not limited to, dangerous temperature, lack of food or water, and confinement with a vicious animal;
(g) Knowingly place food of any description containing poisonous or other injurious ingredients in any area reasonably likely to be accessible to domesticated animals or livestock;
(h) Knowingly or intentionally, whether for amusement of self or others, or for financial gain, cause any animal to fight or injure any other animal, cause it to be fought or injured by any animal, or train or keep for the purpose of training any animal with the intent that the animal shall be exhibited combatively with any other animal. Anyone who permits such conduct on premises under that person’s control, and any person present as a spectator at that exhibition, shall be considered a violator of this subsection and subject to punishment upon conviction;
(i) Transport or confine any living animal on the outside part of a motor vehicle except when attached to or enclosed in the vehicle by a harness, leash, cage or other enclosure which protects the animal from falling or being thrown from the vehicle and which prevents the animal from leaving the vehicle while unattended. The outside part of a motor vehicle includes the running board, fender or hood of any motor vehicle or the flatbed of a truck and/or the open portion (bed) of a pickup truck;
(j) Sell or offer for sale or give away, or display any living baby rabbits, chicks, ducklings or other fowl which have been dyed, colored or otherwise treated so as to have an artificial color;
(k) Abandon or transfer to another person by gift, sale or exchange for consideration any animal while on public property;
(l) Trap any domestic animal with a device other than a humane live animal trap.
(2) Any practice of good animal husbandry is not a violation of this section. “Good animal husbandry” includes, but is not limited to, the dehorning of cattle, the docking of horses, sheep or swine, and the castration or neutering of livestock, according to accepted practices of veterinary medicine or animal husbandry. [Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.110 Duty when striking domestic animal with motor vehicle.
Any person who while operating a motor vehicle strikes a domestic animal shall immediately stop, render reasonable assistance to the animal, and report any injuries to the animal to its owner. If the owner cannot be found, the incident must be reported to the city’s animal control authority. This section shall not be construed as requiring the person striking the animal to be financially liable for any injury to or death of the animal. [Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.120 Miscellaneous provisions for dogs.
(1) Found Dogs. Any person who finds and harbors a dog shall notify the animal control authority, furnishing a description of the dog. The finder may surrender the dog to the animal control authority or retain its possession, subject to surrender, upon demand of the animal control authority. Should the dog violate any provision of this title while retained by the finder, the finder shall be responsible for any penalty assessed under this chapter. Records of reported findings shall be retained by the animal control authority and made available for public inspection. Should the finder retain the dog for a period of 30 days, the finder must then license the dog as a newly acquired dog, unless the dog is too young to license, or surrender the dog to the city animal shelter.
(2) Guard Dogs. Guard dogs shall be kept contained within a building or on a leash under the control of a person, or enclosed within a six-foot-high solid or chain link fence or a fence of sufficient height and strength to prevent the dog from reaching persons off the property. The owner shall restrain the guard dog in such a manner that the dog is unable to reach those persons using the normal ingress and egress to and from the property. The owner shall post signs in two conspicuous places on the property, with a warning that a guard dog is on the premises. The owner must indicate at the time of obtaining a dog license that the dog is a guard dog. Notwithstanding this subsection, LCMC 6.10.130 through 6.10.180 on dangerous and potentially dangerous dogs will apply where applicable.
(3) Dog Bites. Every dog which bites a person shall be promptly reported to the animal control authority. The owner shall then quarantine the dog at the direction of the animal control authority for a period of not less than 14 days unless the owner can produce proof that there is no danger of rabies. At the discretion of the animal control authority, the quarantine may be at the owner’s home, an animal shelter, or at a veterinary hospital. The cost of the quarantine shall be borne by the owner. See also LCMC 6.10.300(3).
(4) The owner of any dog which bites any person while the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, shall be liable for damages that are suffered by the person bitten, regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness. Proof of provocation of the attack by the injured person is a complete defense to an action for damages. [Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.130 Dangerous dogs and potentially dangerous dogs – License required.
It shall be unlawful for any owner of a dog declared by the animal control authority to be dangerous to keep such dog within the city unless the owner has procured a special license from the animal control authority. The special license shall be obtained within five working days following the service of the animal control authority’s declaration or, if the declaration is timely appealed pursuant to LCMC 6.10.140, within seven working days following the mailing of a decision affirming such determination; provided, that the animal control authority may grant an extension upon a showing of good cause. [Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.140 Dangerous dogs and potentially dangerous dogs – Determination.
(1) The animal control authority may find and declare an animal potentially dangerous or dangerous if it has probable cause to believe that the dog falls within the definitions set forth in LCMC 6.10.020. The finding must be based upon:
(a) The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition in LCMC 6.10.020; or
(b) Dog bite reports filed with the animal control authority as required by this chapter or state law; or
(c) Actions of the dog witnessed by the animal control authority or any law enforcement officer; or
(d) The designation by another animal control authority pursuant to Chapter 16.08 RCW; or
(e) Other substantial evidence.
(2) The declaration of potentially dangerous or dangerous dog shall be in writing and shall be served on the owner in one of the following methods:
(a) Certified mail to the owner’s last known address, if known; or
(b) Personally; or
(c) If the owner cannot be located by one of the first two methods, by publication in a newspaper of general circulation and posting at the City Hall.
(3) The declaration shall state at least the following information:
(a) A description of the dog;
(b) The name and address of the owner of the dog, if known;
(c) The whereabouts of the dog if it is not in the custody of the owner;
(d) The facts upon which the declaration is based;
(e) The availability of a hearing in case the owner objects to the declaration, if a request is made within five days;
(f) The restrictions placed on the dog as a result of the declaration;
(g) The penalties for violation of the restrictions, including the possibility of destruction of the dog, and imprisonment or fining of the owner.
(4) If the owner of the dog wishes to object to the declaration of potentially dangerous or dangerous dog:
(a) The owner may, within five working days of receipt of the declaration, or within five working days of the publication of the declaration, request a hearing by submitting a written appeal to the animal control authority.
(b) If the hearing body finds that there is insufficient evidence to support the declaration, it shall be rescinded, and the restrictions imposed thereby annulled.
(c) If the hearing body finds sufficient evidence to support the declaration, it may impose additional restrictions on the animal.
(5) Following service of a declaration, and pending appeals under this section, the animal control authority may, if circumstances require, impound the dog at the owner’s expense, pursuant to the provisions of this chapter. [Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.150 Dangerous dogs and potentially dangerous dogs – License fees.
The annual license fee and renewal fees for dangerous and potentially dangerous dogs shall be the amount as set and established by council resolution or ordinance. [Ord. 2022-02 § 4, 2022; Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.160 Dangerous dogs – Additional requirements.
The following requirements shall apply to dangerous dogs:
(1) The animal control authority shall issue a license to the owner of a dangerous dog only if the owner presents to the animal control authority sufficient evidence of:
(a) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning 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; and
(b) A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the animal control authority in the sum of at least $50,000, payable to any person injured by the dangerous dog; or
(c) 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 $50,000, insuring the owner for any personal injuries inflicted by the dangerous dog.
(2) The owner of a dangerous dog shall not permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made 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. [Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.170 Dangerous dogs and potentially dangerous dogs – Penalties.
In addition to the penalties prescribed elsewhere in this chapter:
(1) Any dangerous dog shall be immediately confiscated if:
(a) The dog is not validly licensed under LCMC 6.10.130;
(b) The owner does not secure and maintain the liability insurance coverage required under LCMC 6.10.160;
(c) The dog is not maintained in a proper enclosure;
(d) The dog is outside of the dwelling of the owner, or outside of the property enclosure and not under physical restraint of the responsible person.
(2) The owner must pay the costs of confinement and control. The animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within 20 days. The animal control authority shall destroy the confiscated dangerous dog in an expeditious and humane manner if any deficiencies required by this subsection are not corrected within 20 days of notification. In addition, the owner shall be guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021.
(3) If a dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person or domestic animal, the dog’s owner is guilty of a Class C felony, punishable in accordance with RCW 9A.20.021. In addition, the dangerous dog shall be immediately confiscated by an animal control officer, placed in quarantine for a minimum of 10 days, and thereafter destroyed in an expeditious and humane manner.
(4) The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether or not the dog has previously been declared potentially dangerous or dangerous, shall upon conviction be guilty of a Class C felony punishable in accordance with RCW 9A.20.021. In addition, the dog shall be immediately confiscated by an animal control officer, placed in quarantine, and thereafter destroyed in an expeditious and humane manner.
(5) The foregoing provisions for humane destruction of dogs shall be subject to the appeal process of LCMC 6.10.250; provided, that a written appeal is filed with the animal control authority within five days of the impoundment. [Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.180 Dangerous dogs and potentially dangerous dogs – Police dogs.
LCMC 6.10.130 through 6.10.170 shall not apply to police dogs. [Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.190 Enforcement – General.
(1) The animal control authority and his or her authorized personnel are authorized to take such lawful action, including but not limited to the issuance of criminal citations and notices of civil violation, as may be required to enforce the provisions of this chapter and the laws of the state of Washington as they pertain to animal cruelty, shelter, welfare and control.
(2) The animal control authority and/or its authorized personnel, while pursuing any animal observed to be in violation of this chapter, may enter upon any public or private property, except any private residence, for the purpose of abating the animal violation being pursued. Entry into a building designated for and used for private purposes may be accomplished upon the issuance of a proper search or arrest warrant by a court of competent jurisdiction showing that the officer has reasonable cause to believe an animal is being maintained in the building in violation of this chapter.
(3) No person shall deny, prevent or obstruct the animal control authority or other employee appointed or contracted by the animal control authority, from enforcing any provisions of this chapter. [Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.200 Penalties.
(1) Any of the following violations of this chapter shall be a gross misdemeanor punishable upon conviction in accordance with the laws of the state of Washington:
(a) LCMC 6.10.130 (dangerous dogs);
(b) LCMC 6.10.055 (exotic animals);
(c) LCMC 6.10.100 (cruelty);
(d) LCMC 6.10.190 (failure to comply).
(2) A violation of any other provision of this chapter shall be a civil infraction that may be prosecuted under Chapter 2.15 LCMC (Code Enforcement) or any other lawful procedure. [Ord. 2023-06 § 7, 2023; Ord. 2018-13 Exh. A, 2018; Ord. 2014-03 Exh. A, 2014; Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.210 Impoundment.
(1) The animal control authority may apprehend any animal found doing or involved in any of the acts defined as a public nuisance and/or being subjected to cruel treatment as defined by law. After such animals are apprehended, the animal control authority shall determine whether they are licensed or otherwise identifiable, and, if reasonably possible, return the animal to the owner, together with a notice of violation of this chapter. If it is not reasonably possible to immediately return the animal to its owner, the animal control authority shall notify the owner of the animal within a reasonable time by telephone, mail, direct personal contact or posting at the residence of the owner that the animal has been impounded and may be redeemed at the designated animal holding facility.
(2) Any unlicensed animal impounded pursuant to this chapter shall be held for at least 72 hours commencing with apprehension. For licensed dogs, the holding period shall be at least 120 hours commencing upon notification to the owner of such impoundment. If reasonable attempts have been made by the appropriate authority to notify said owner but without success, the licensed animal shall be held for at least 120 hours from the time of apprehension. All impound periods shall continue to run during those hours when the designated impound facility is not open for business. Any animal not redeemed by its owner during the prescribed period may be destroyed in an expeditious and humane manner or placed for adoption to a new owner. Should the original owner wish to redeem an animal that has been held, he or she shall first be required to pay all redemption costs as outlined in this chapter. The use of a payment plan may, at the discretion of the animal control authority, be used.
(3) Should the original owner wish to redeem an unlicensed animal that has been held, in addition to paying the required redemption costs as outlined in this chapter, he or she shall be required to purchase the appropriate license(s) at the time of redemption.
(4) Should the animal be suffering from serious injury or disease that would endanger the other sheltered animals or cause the animal to endure unnecessary pain and suffering if left untreated for at least 24 hours as determined by a licensed veterinarian, the animal control authority or his or her employees or agents, the animal may be destroyed prior to the expiration of the required holding period. Such cases shall be documented on the animal custody report.
(5) No live animals shall be used, sold or donated for experimental purposes. The owner of any animal impounded pursuant to the provisions of this chapter may recover the animal pursuant to the provisions of LCMC 6.10.230; provided, that redemption may be denied pursuant to LCMC 6.10.290 or to an owner who has cruelly treated such animal as defined in LCMC 6.10.100.
(6) An animal delivered for impoundment by a police officer who removed such animal from the possession of a person in the custody of the police officer shall be held for the period prescribed in this section. An impoundment receipt shall be given to the police officer who shall deliver such receipt to the person in custody from whom the animal was taken. The impoundment receipt shall recite redemption requirements and shall serve as the notice to the owner required in this chapter.
(7) The above return and notification requirements shall not apply to any animal that is deemed abandoned under the provisions of Chapter 16.54 RCW. For purposes of this section, such animal shall be deemed to be without owner. [Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.220 Impoundment register.
The animal control authority shall maintain a register of all animals impounded pursuant to this chapter, and such register shall show the identification tag number, if any, breed of the animal, a description of the animal by coloring and marking, the time and date of the animal’s impoundment, the name of the officer impounding the animal, the area in which such animal was picked up, the method and time of notifying the owner, if known, of redemption procedures, and the disposition of the animal and the date and time thereof. [Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.230 Redemption.
Any animal impounded pursuant to the provisions of this chapter may be redeemed upon payment of the redemption fee as herein provided and upon evidence that the violation has been corrected. The correction of a violation includes, but is not limited to, the licensing of any unlicensed animal required by this chapter to be so licensed. The redemption fee for an animal includes the costs of apprehension and transportation and the costs of impoundment and care of the animal, including veterinary fees. Any license fees or civil penalties due and owing shall be in addition to the redemption fee. The redemption fee shall be as set and established by council resolution or ordinance.
All charges are billed to and payable by the owner even if the animal is not reclaimed. [Ord. 2022-02 § 5, 2022; Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.240 Notice of violation and abatement notices.
(1) Whenever a city animal control officer has reasonable grounds to believe that an animal is in violation of this chapter, he or she shall be authorized to issue to the violator a notice of violation or an abatement notice containing:
(a) The name and address, if known, of the owner or person in violation of this chapter;
(b) A statement that the animal control authority has found the animal to be in violation of this chapter, with a brief description of the violation;
(c) A statement setting out any order of abatement and a reasonable period during which to comply as determined by the court or their designee;
(d) A statement advising that if any required abatement, or other corrective action, is not complete within the time specified, the animal control authority shall report such noncompliance to the office of the prosecuting attorney, which shall have authority to issue a criminal citation, charging such person with violation of this chapter, and that the animal control authority may take such other recourse as is provided for within this chapter;
(e) The notice of violation or abatement notice and order shall be served on the owner or keeper of the animal or facility in violation of this chapter either personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested, to the person at his or her last known address. Proof of personal service of the notice shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring time, date and manner in which service was made.
(2) Any person who has been issued a notice of violation or order to abate pursuant to this chapter and who willfully fails to respond to the notice of violation or to the order to abate by compliance therewith within the time specified in the order or by the timely filing of a notice of appeal shall be guilty of a misdemeanor regardless of the disposition of the notice of violation or order to abate. [Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.250 Appeals.
(1) Any person appealing a determination under this chapter shall file in writing with the Battle Ground municipal court and within 30 days, or the period otherwise provided in this chapter, of the notice of adverse action, a written appeal containing:
(a) The names of all appellants participating in the appeal;
(b) A brief statement setting forth the action protested and reasons why it is claimed the protested action should be reversed, modified or otherwise set aside;
(c) The signatures of all parties named as appellants and their official mailing addresses;
(d) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
(2) Upon filing an appeal, a place and time for hearing shall be set by the Battle Ground municipal court. If, for whatever reason, the appellant is unable to attend the hearing on the date set by the court, the hearing may be rescheduled one time only if such a request is received at least three working days before the hearing date. Failure to provide three working days’ notice of request for cancellation, and subsequent failure to attend the hearing, will result in the assessment of costs related to the conducting of the hearing in addition to any civil penalty as stated on the notice of violation.
(3) Failure of any person to file an appeal in accordance with this section, or failure of any person who has filed an appeal to attend the scheduled hearing, shall constitute a waiver of his or her right to an administrative hearing and the actions of the animal control authority will be upheld. In the event of any person who has filed an appeal but fails to attend the scheduled hearing, the costs related to the scheduling of the hearing will be assessed him or her in addition to the civil penalty as stated on the notice of violation.
(4) Enforcement of any violation notice issued under this chapter shall be stayed during the pendency of an appeal, except the impoundment of an animal which is vicious or cruelly treated.
(5) For the purpose of deciding appeals under this chapter, the Battle Ground municipal court judge is designated the appeals hearing authority.
(6) The hearing authority shall have the power and authority to make all final determinations in matters brought before it under this chapter including the authority to alter, modify, reverse or affirm the violations appealed from. The animal control authority and his or her officers shall have the burden of proving the violation, which burden shall be met by a preponderance of the evidence.
(7) A copy of the final order shall be mailed to the appellants within three days, exclusive of Saturdays, Sundays and holidays, following the entering of a written order under this section.
(8) An order by the hearing authority relating to an appeal under this section shall be final and conclusive unless within 10 days from the date thereof any party of record makes application to a court of competent jurisdiction.
(9) A person may not appeal those notices of violation issued for unlicensed animals.
(10) Assessment of Costs for Frivolous Appeals. Upon motion from the investigating animal control officer, the hearings authority may assess the appellant the costs of an appeal hearing under this chapter, including, but not limited to, the hearing authority’s fees and reasonable costs of staff time, if they find the appeal was frivolous. As used in this section, a “frivolous appeal” is an appeal that cannot be supported by any rational argument of the law or facts. [Ord. 2023-06 § 8, 2023; Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.260 Personal obligation.
The civil penalty and costs of abatement are personal obligations of the animal owner. The prosecuting attorney on behalf of the city may collect the civil penalty and abatement costs by use of appropriate legal remedies. In cases of small claims, the city animal control authority shall be authorized to collect such costs, fees, and penalties as shall be owing. [Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.270 Costs of enforcement action.
In addition to costs and disbursements provided for by statute, the prevailing party in a collection action under this chapter may, in the court’s discretion, be allowed reasonable attorney’s fees. The prosecuting attorney shall seek such costs and attorney’s fees on behalf of the city, when the city is the prevailing party. [Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.280 Compromise, settlement and disposition of suits.
The prosecuting attorney is authorized to enter into negotiations with the parties or their legal representatives named in a lawsuit involving any provision of this chapter for the collection of civil penalties to negotiate a settlement, compromise or otherwise dispose of a lawsuit when to do so will be in the best interests of the city; provided, that a report shall be submitted to the city council and the animal control authority in any instance where a compromise settlement is negotiated. [Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.290 Habitual violator.
In addition to any legal remedy available under the provisions of this chapter, the animal control authority may personally notify and direct in writing the owner of any animal which is the subject of three or more separate notices of violation or abatement notices in any 12-month period to abate and remove said animal from the city within 96 hours from the date of the notice, or in the alternative, to abate and transfer ownership and possession of the animal to another person not living at the same place of residence. Such notice to abate shall state the method of appealing the order which shall be in the manner provided for in LCMC 6.10.250, except that any appeal must be filed within 48 hours following service of the notice. If such animal is found in violation of the abatement notice after 96 hours have elapsed from the date of notice, or the date of affirmance of such order if a timely appeal is filed, said animal shall be abated and removed by the animal control authority by impoundment, subject to all impoundment procedures; provided, however, said animal may not be returned to the same residence or property from which it was impounded or where it resided. [Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.300 Rabies control.
(1) It is unlawful to own, keep or harbor any species of animals designated as unlawful by the state by reason of such species being a transmitter of rabies to human beings, including any skunk, fox or raccoon.
(2) In the event that any animal has bitten a human being, the animal control authority may quarantine such animal for a period of up to 14 days. In the event that the animal control authority has reason to suspect that an animal is rabid, the appropriate officials of the Southwest Washington Health District shall be notified and the animal control authority shall coordinate any further activities with said health district. Said health district shall have jurisdiction over any matter possibly involving rabies.
(3) Quarantine is defined as the keeping of a biting animal or the suspected biting animal separate and apart from other animals and people for a period of up to 14 days. The animal must not be kept in any area that is accessible to other animals or persons, but may be kept indoors, caged, or confined in a completely fenced yard by a chain or secure harness device. Should the quarantine be broken, the animal may be impounded and held in the animal shelter or other suitable location at owner expense for the remainder of the quarantine period. Redemption is subject to payment of any fees allowable under this chapter. [Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.320 Legal or equitable relief.
The animal control authority, in addition to the use of any other remedy herein set out, may seek legal or equitable relief to enjoin acts or practices and abate any conditions which constitute a violation of this chapter or other regulations herein adopted. [Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.330 Police dogs.
All police dogs and all dogs being trained as police dogs shall be exempt from all provisions of this chapter, with the exception of LCMC 6.10.300, Rabies control. If a police dog is required by LCMC 6.10.300 to be quarantined, that dog shall be remanded to the control of its handler. Police dogs so controlled shall not be used in the line of duty. All police dogs and all dogs being trained as police dogs shall be exempt from all licensing fees, but shall be registered. [Ord. 2013-3 § 2 (Exh. A), 2013; Ord. 2005-1 § 2, 2005.]
6.10.340 Livestock and small livestock.
Allowable maintenance, property size, animal type and number of livestock allowed shall be:
(1) Livestock – minimum lot size of 40,000 square feet for every four animals. One additional animal per 10,000 square feet in excess of 40,000 square feet.
(2) Small livestock – minimum lot size of 20,000 square feet for every four animals. One additional animal per 5,000 square feet of an excess of 20,000 square feet.
(3) Suitable structures or fences shall be provided to comply with applicable regulations and controls to restrain animals from leaving the premises.
(4) The lot upon which the animals are kept shall be maintained in a sanitary condition and shall be free of objectionable noises and odors.
(5) Animals shall be contained on the lot owned or leased by the animal owner.
(6) Animals shall be maintained in a humane manner and condition.
(7) All livestock, large or small, shall be kept away from critical area buffers associated with wetlands, streams, rivers, lakes, and habitat conservation areas.
(8) Animal shelters over 100 square feet: setback of 60 feet.
(9) Fowl, rabbits, or similar mammals raised for domestic, noncommercial use permitted on lot sizes smaller than 20,000 square feet no less than 5,000 square feet.
(10) All animals kept outside shall be housed in appropriate enclosures, set back 10 feet from all property lines.
(11) Female fowl – no more than five, under five pounds, on a lot between 5,000 and 19,999 square feet.
(12) No fowl shall be kept on lots less than 5,000 square feet.
(13) Roosters are prohibited.
(14) One potbelly pig may be kept as a household pet, under 22 inches and under 150 pounds.
|
Type of Animal Within City Limits |
Property Size (Square Feet) |
|||
|---|---|---|---|---|
|
|
Less than 5,000 |
5,000 to 19,999 |
20,000 to 39,999 |
40,000+ |
|
Dog, cat, potbelly pig |
4 dogs, 4 cats, 1 potbelly pig with a combined maximum of 5 |
4 dogs, 4 cats, 1 potbelly pig with a combined maximum of 5 |
4 dogs, 4 cats, 1 potbelly pig with a combined maximum of 5 |
4 dogs, 4 cats, 1 potbelly pig with a combined maximum of 5 |
|
Chickens (female) and other fowl under 5 pounds |
0 |
5 |
5 plus 1 additional fowl for each 5,000 square feet over 20,000 square feet |
5 plus 1 additional fowl for each 5,000 square feet over 20,000 square feet |
|
Livestock such as horses, cattle, llamas, sheep |
0 |
0 |
0 |
4 plus 1 additional animal for each 10,000 square feet over 40,000 square feet |
|
Small livestock such as sheep, goats, pigs |
0 |
0 |
4 plus 1 additional animal for each 5,000 square feet over 20,000 square feet |
8 plus 1 additional animal for each 5,000 square feet over 40,000 square feet |
[Ord. 2023-06 § 9, 2023.]
6.10.350 Facility licenses – Requirement.
It is unlawful for any person to own, maintain, or operate a facility as defined in this chapter unless such person has obtained the applicable license as provided hereinafter. If there is a change in the ownership of any such facility, the new owner shall license the facility. The designated animal control officer may inspect the premises described hereinafter at any time during regular business hours to determine compliance with this chapter. [Ord. 2013-3 § 2 (Exh. A), 2013.]
6.10.360 Facility licenses – Application.
Any person making application for a facility license shall submit to the animal control department the following information:
(1) The name, address, and phone number of the owner of such facility;
(2) The name, address, and phone number of the person having primary supervision of such facility;
(3) The address or location and phone number of such facility;
(4) The maximum number of animals which such facility will contain at any single time;
(5) The name and address of the person designated by the applicant as agent for service of legal process or notice;
(6) A statement giving permission for the inspection of such facility at any reasonable time;
(7) A certificate of zoning compliance issued by the city of La Center. [Ord. 2013-3 § 2 (Exh. A), 2013.]
6.10.370 Facilities – General conditions.
Animal shelters, kennels, and pet shops shall meet the following conditions:
(1) Animal facilities shall be structurally sound, shall be maintained in good repair, and shall be designed so as to protect the animals from injury and restrict the entrance of other animals. These facilities shall also conform to any building and zoning or development codes applicable within the city limits of the city of La Center.
(2) Each animal shall be provided with adequate floor space to allow such animal to turn about freely and to easily stand, sit and lie in a comfortable normal position.
(3) Any electrical power shall be supplied in conformance with applicable electrical codes adequate to supply heating and lighting as may be required by this chapter.
(4) Water shall be supplied at sufficient pressure and quantity to clean indoor housing facilities and enclosures of debris and excreta.
(5) Suitable food and bedding shall be provided and stored in facilities adequate to provide protection against infestation or contamination by insects or rodents. Refrigeration shall be provided for the protection of perishable foods.
(6) Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, and debris. Disposal facilities shall be so provided and operated as to minimize vermin infestation, odors, and disease hazards. Provision shall be made for facilities to comply with the industrial wastewater pretreatment ordinance, if applicable.
(7) Washroom facilities, including sinks and toilets with hot and cold water, shall be conveniently available to maintain cleanliness among animal caretakers and for the purpose of washing utensils and equipment.
(8) Sick, diseased, or injured animals shall be separated from those appearing healthy and normal and, if for sale, shall be removed from display and sale and kept in isolation quarters with adequate ventilation to keep from contaminating healthy animals.
(9) There shall be an employee or keeper on duty at all times during hours any store is open whose responsibility shall be the care and supervision of the animals in that shop or department held for sale or display.
(10) An employee, keeper, or owner shall make provision to feed, water, and do the necessary cleaning of animals on days the store or establishment is closed.
(11) No person shall misrepresent an animal to a consumer in any way.
(12) No person shall knowingly sell a sick or injured animal without disclosing the sickness or injury to the purchaser.
(13) Animals which are caged, closely confined, or restrained shall be permitted daily, and for an appropriate length of time, as determined by their size, age and species, to exercise in a yard or area suitable for that purpose. [Ord. 2013-3 § 2 (Exh. A), 2013.]
6.10.380 Indoor facilities.
Animal shelters, kennels, and pet shops which have indoor facilities for animals shall:
(1) Be sufficiently heated or cooled when necessary to protect the animals from temperatures to which they are not accustomed, taking into consideration their age, size and species;
(2) Be adequately ventilated to provide for the health of the animals and to remove foul odors therefrom. The ventilation system so utilized shall be designed so that the volume of air within any enclosed indoor facility or part thereof shall be replaced by fresh air three or more times per hour. If ventilation equipment is used, it shall be constructed in conformance with current standards of good engineering practice with respect to noise and minimization of drafts;
(3) Have ample light, either natural or artificial, or both, of good quality and well distributed to provide for such illumination as is necessary to inspect and clean during the entire working period. Such facilities shall be placed as to protect animals from excessive illumination. Sufficient lighting shall additionally be supplied in the area of sinks and toilets to provide for the hygiene of animal caretakers;
(4) Have interior wall, ceiling, and floor surfaces constructed of materials which are resistant to the absorption of moisture and odors, or such surfaces shall be treated with a sealant or with paint. Floor surfaces shall not be made of unsealed wood. Interior walls shall be constructed so that the interface with floor surfaces is sealed from the flow or accumulation of moisture or debris;
(5) Contain a suitable method of drainage to facilitate the rapid elimination of excess water under any weather or temperature condition from indoor housing facilities. Such system shall be connected to a sanitary sewer or septic tank system which shall conform to standards of county building codes; provided, this requirement shall not apply to pet shops. If drains are used, they shall be maintained in a clean and sanitary condition and a safe and effective disinfectant shall be used in the cleaning of such facilities;
(6) Be maintained in a clean and sanitary condition, with the use of a safe and effective disinfectant in cleaning. [Ord. 2013-3 § 2 (Exh. A), 2013.]
6.10.390 Outdoor facility conditions.
Animal shelters, kennels, and pet shops which have outdoor facilities for animals shall:
(1) Be constructed to provide shelter from excessive sunlight, rain, snow, wind, heat, cold, or other elements;
(2) Be constructed to provide sufficient space for the proper exercise and movement of each animal contained therein;
(3) Contain a suitable system of drainage and be constructed to prevent an accumulation of water, mud, debris, excreta, or other material and capable of being kept clean and sanitary and shall be so kept;
(4) Be enclosed by walls or fences sufficient to keep animals within and to prevent entrance of other animals;
(5) The shelter must contain dry bedding material. If the ambient temperature is below 35 degrees Fahrenheit (1.7 degrees Celsius), additional clean dry bedding is required. Bedding must be replaced when there are prevalent odors, diseases, insects, pests, or vermin, or when worn or soiled;
(6) The floors of the outdoor housing facilities may be made of wood, plastic, dry compacted earth, sand, or grass;
(7) Structures for animals in outdoor housing must be maintained/repaired to continually provide adequate protection. [Ord. 2013-3 § 2 (Exh. A), 2013.]
6.10.400 Grooming parlors – Conditions.
Grooming parlors shall:
(1) Not board animals, but keep said animals for a reasonable time in order to perform the business of grooming;
(2) Keep each animal in an individual cage;
(3) Not permit animals therein kept for the direct purpose of grooming to have contact with other animals kept therein;
(4) Sanitize all equipment after each animal has been groomed;
(5) Not prescribe treatment or medicine that is the province of a licensed veterinarian as provided in RCW 18.92.010;
(6) Not leave animals unattended during the drying process;
(7) Take reasonable precautions to prevent injury from occurring to any animals while in the custody of the parlor. [Ord. 2013-3 § 2 (Exh. A), 2013.]
6.10.410 Vaccination required.
Each pet shop shall cause each dog and cat owned or sold by it to receive current and proper immunization from disease. Such immunization shall consist of distemper, hepatitis, leptospirosis, parainfluenza inoculation for dogs and, in addition, rabies inoculation for dogs and cats over six months of age. Immunization for cats shall consist of Rx, calici-panleutopenia, chlamydia, psittuci, and rabies inoculation. [Ord. 2013-3 § 2 (Exh. A), 2013.]