Chapter 6.15
DOG BREEDING PRACTICES
Sections:
6.15.030 Enforcement - Penalties.
6.15.010 Definitions.
For the purposes of this chapter, the following definitions apply, unless the context clearly requires otherwise:
(1) “Board” means to advertise, announce, or maintain facilities for the express or implied purpose of temporarily taking custody or possession of, or assuming general responsibility for the safety, accommodation, care, or feeding of a dog for a fee at property other than the animal’s normal place of residence.
(2) “Commercial kennel” means any kennel used to breed, buy, sell, or board dogs for revenue or barter on a regular basis, or any kennel in which dogs are bred primarily for the purpose of sale or barter, regardless of the number of dogs present, except that a hobby kennel shall not be considered commercial.
(3) “Dog” means any member of Canis lupus familiaris (domesticated dog), or any other canid kept in the manner of a domesticated dog such as a wolf, coyote, dingo, wild dog, or cross-breed.
(4) “Grooming facility” means any business or entity, however named, that provides services related to the appearance and cleanliness of a dog, but which do not include any overnight stay at the facility.
(5) “Housing facility” means any room, land, building, trailer, or other structure used to contain a primary enclosure or enclosures.
(6) “Hobby kennel” means a kennel at or adjoining a private residence where dogs are bred and/or kept for hunting, training, exhibiting at organized shows, field working, obedience trials, and/or for enjoyment of the species, from which dogs may sometimes be sold or bartered to reduce the number of dogs present, but which does not operate as a for-profit business or produce dogs primarily for the purpose of sale or barter.
(7) “Humanely destroy” means the destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness and death during such loss of consciousness. The term shall include euthanasia in a manner consistent with best veterinary practices; provided, that the term is not interpreted to exclude other humane destruction of animals without the assistance of a licensed veterinarian.
(8) “Intact sex organs” means that the dog has not been spayed or neutered. A dog will be presumed to have intact sex organs unless it can be demonstrated to be spayed or neutered through documentation from the person who performed the operation or by a veterinarian who has examined the dog.
(9) “Keep” means the providing of shelter, care, protection, or nourishment for the purpose of preserving a dog for at least 72 hours.
(10) “Kennel” means any same property at which 10 or more dogs over the age of six months with intact sex organs, or 20 or more dogs total, are kept for any purpose. However, the following locations are not kennels: (a) an animal hospital; (b) a grooming facility; and (c) a building used by a veterinarian to provide veterinary care but not boarding unrelated to veterinary care.
(11) “Nonprofit” means an entity organized under Sections 501(c)(3) through (10) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 501(c)) that is exempt from tax under Section 501(a) of the code.
(12) “Operating permit” means a business license issued to a kennel pursuant to Chapter 5.25 LCC.
(13) “Owner” and “keeper,” in addition to their ordinary meanings, are terms that can be used interchangeably within this chapter and mean any person, firm, corporation, organization, department or other entity possessing, harboring, keeping, having or claiming an interest in, or having control or custody of an animal for at least three calendar days, whether or not all of the traditional rights of ownership are vested in the entity. The terms also refer to any entity performing any of the acts of providing care, shelter, protection, refuge, food, water, or nourishment in such manner as to control or attempt to control the animal’s actions or habits, when the entity provides any of these acts or exercises control for three calendar days or more. An entity is an owner or keeper when an animal is apparently spending the majority of its time at a location under that entity’s control for a period of at least three calendar days. When the terms are used to mean the owner or keeper of something other than an animal, the terms shall have their plain and ordinary meanings.
(14) “Person” or “entity” means any human individual, partnership, firm, joint stock company, corporation, association, trust, estate or other entity.
(15) “Primary enclosure” means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, crate or hutch, where the animal or animals reside until their sale, transfer, or other disposition.
(16) “Property” means any real property in which a person has a legal interest. The “same property” includes any property under the same person’s or persons’ ownership, occupancy, or control that is geographically contiguous or proximate, even if it is not considered the same property for real estate or taxation purposes.
(17) “Retail pet store” means a commercial establishment that engages in a for-profit business of selling at retail cats, dogs, or other animals to be kept as household pets and is regulated by the United States Department of Agriculture. [Ord. 1266 §2, 2016; Ord. 1214 §1, 2010]
6.15.020 Breeding practices.
(1) Operating Permits. A kennel shall have an operating permit if Chapter 5.25 LCC so requires.
(2) Restriction by Individual. At any time, a person shall not own, possess, control, or otherwise have charge or custody of more than 50 dogs with intact sexual organs over the age of six months.
(3) Restriction by Property - Variance.
(a) A person or persons shall not house or keep more than 50 dogs with intact sexual organs over the age of six months on the same property regardless of who owns, controls, possesses or has charge of the dogs.
(b) Variance. The hearing examiner shall have authority to grant a variance from the provisions of this subsection when, in the opinion of the hearing examiner, application of this subsection would be inconsistent with the purpose and intent of this chapter; provided, that no variance shall be granted which authorizes a use which is in violation of subsection (1) of this section.
(i) Application Procedures. Any application for a variance shall be submitted to the Lewis County hearing examiner in the same manner as appeals are submitted according to LCC 2.25.130, except that the application shall also contain the following information:
(A) The name and notarized signature, address, and phone number of the legal owner of subject property;
(B) The parcel number of the property;
(C) A narrative statement describing how the requested variance conforms to the standards in subsection (3)(b)(ii) of this section;
(D) The number of dogs with intact sexual organs over the age of six months kept on the property; and
(E) A waiver of rights allowing the Department of Public Health and Social Services to inspect the property prior to the hearing with 24 hours’ notice to the applicant.
(ii) Public Health Review. As a mandatory condition of application for a variance, an applicant shall permit the Lewis County animal control authority, or the authority’s designee, to enter and observe the property on which the dogs are kept or housed. The authority shall give 24 hours’ notice of the inspection. The authority shall provide either a written or verbal report of his or her observations to the hearing examiner at least one week prior to the date of the hearing. The application shall include a waiver of the applicant’s rights to restrict access to his or her property for the purpose of the inspection.
(iii) Standards of Review. After receiving the animal control authority’s report and holding a hearing on the matter, the hearing examiner shall grant a variance if the applicant can prove and the examiner finds, by a preponderance of the evidence, that:
(A) More than one entity has ownership, control, charge, or custody of the dogs, six months or older, with intact sexual organs on the property; and
(B) The keeping or housing of more than 50 dogs on the property will not harm the health or wellbeing of any of the dogs, or create any of the conditions listed in subsection (4) of this section; and
(C) Granting a variance will not be contrary to the public interest or be injurious to other persons residing in the vicinity; and
(D) The size of the property does not limit the ability of the dogs to receive adequate exercise and proper shelter.
(iv) Public Hearing and Notification. The hearing examiner shall hold a public hearing on all variance requests. Notification of such hearing and the procedures for conducting the hearing shall be pursuant to the provisions of Chapter 2.25 LCC.
(v) Conditions of Approval. Upon granting a variance, the hearing examiner shall specify the maximum number of dogs with intact sexual organs over the age of six months that each person may own, possess, control or assert custody over on the property, and any other reasonable conditions that the hearing examiner may deem necessary to effectuate the purposes of this chapter.
(vi) Per Person Restriction. Under no circumstances shall the hearing examiner grant a variance to allow a person to own, possess, control, or otherwise have charge or custody of more than 50 dogs with intact sexual organs over the age of six months.
(4) Kennel Conditions. The owner or keeper of dogs kept in a kennel, which remain in a primary enclosure or enclosures for any period of time, shall at a minimum:
(a) Provide space to allow each dog to turn about freely, to stand, sit, and lie down. Each dog shall be able to lie down while fully extended without the dog’s head, tail, legs, face, or feet touching any side of an enclosure and without touching any other dog in the enclosure when all dogs are lying down simultaneously. The interior height of the enclosure shall be at least six inches higher than the head of the tallest dog that lives in the enclosure when the dog is in a normal standing position. Each enclosure shall be at least three times the length and width of the longest dog that lives in the enclosure, from tip of nose to base of tail and shoulder blade to shoulder blade.
(b) Provide each dog that is over the age of four months with a minimum of one exercise period during each day for a total of not less than one hour of exercise during such day. Such exercise shall include either leash walking or giving the dog access to an enclosure at least four times the size of the minimum allowable enclosure specified in subsection (4)(a) of this section allowing the dog free mobility for the entire exercise period, but shall not include use of a cat mill, jenny mill, slat mill, or similar device, unless prescribed by a doctor of veterinary medicine. The exercise requirements in this subsection do not apply to a dog certified by a doctor of veterinary medicine as being medically precluded from exercise.
(c) Maintain adequate housing facilities and primary enclosures that meet the following requirements at a minimum:
(i) Housing facilities and primary enclosures shall be kept in a sanitary condition. Housing facilities where dogs are kept shall be sufficiently ventilated at all times to minimize odors, drafts, ammonia levels, and to prevent moisture condensation. Housing facilities shall have a means of fire suppression, such as functioning fire extinguishers, on the premises and shall have sufficient lighting to allow observation of the dogs at any time of day or night;
(ii) Housing facilities shall enable all dogs to remain dry and clean;
(iii) Housing facilities shall provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to the dogs;
(iv) Housing facilities shall provide sufficient shade to shelter all the dogs housed in the primary enclosure at one time;
(v) A primary enclosure shall have floors that are constructed in a manner that protects the dogs’ feet and legs from injury;
(vi) Primary enclosures shall be placed no higher than 42 inches above the floor and shall not be placed over or stacked on top of another cage or primary enclosure;
(vii) Feces, hair, dirt, debris, and food waste shall be removed from primary enclosures at least daily or more often if necessary to prevent accumulation and to reduce disease hazards, insects, pests, and odors; and
(viii) All dogs in the same enclosure at the same time shall be compatible, as determined by observation. Animals with a vicious or aggressive disposition shall never be placed in an enclosure with another animal, except for breeding purposes. Breeding females in heat shall not be in the same enclosure at the same time with sexually mature males, except for breeding purposes. Breeding females and their litters shall not be in the same enclosure at the same time with other adult dogs. Puppies under 12 weeks shall not be in the same enclosure at the same time with other adult dogs, other than the dam or foster dam, unless under immediate supervision.
(d) Provide dogs with easy and convenient access to adequate amounts of clean food and water. Food and water receptacles shall be regularly cleaned and sanitized. All enclosures shall contain potable water that is not frozen, is substantially free from debris, and is readily accessible to all dogs in the enclosure at all times.
(e) Provide veterinary care without delay when necessary. A dog shall not be bred if a veterinarian determines that the animal is unfit for breeding purposes. Only dogs between the ages of 12 months and eight years of age shall be used for breeding. Animals requiring euthanasia shall be humanely destroyed. Surgeries and their equivalents, including but not limited to spaying, neutering, docking of tails, and cropping of ears, shall be performed by a licensed veterinarian.
(f) Take reasonable steps to reduce excessive barking and to insulate neighbors and the public from such barking.
(5) Exemptions.
(a) This section does not apply to the following:
(i) A veterinary facility that is not also a kennel;
(ii) A research institution; or
(iii) A grooming facility;
(b) Subsections (2) and (3) of this section do not apply to a commercial dog breeder licensed, before the effective date of this chapter, by the United States Department of Agriculture pursuant to the federal Animal Welfare Act (Title 7 U.S.C. Sec. 2131 et seq.). [Ord. 1266 §2, 2016; Ord. 1214 §1, 2010]
6.15.030 Enforcement - Penalties.
(1) Violation - Penalties. Any entity who is found, beyond a reasonable doubt, in a criminal proceeding to have violated any portion of LCC 6.15.020 except LCC 6.15.020(1) shall be guilty of a gross misdemeanor, punishable by imprisonment in the county jail for a maximum term fixed by the court of up to 364 days, or by a fine in an amount fixed by the court of not more than $5,000 plus statutory assessments, or by both such imprisonment and fine. Further, upon probable cause that this crime has occurred, the animal(s) may be impounded under an administrative warrant issued pursuant to Chapter 6.05 LCC and held pending resolution of the matter. Upon conviction, the entity shall be stripped by the court of all ownership interest in the animal(s). The animal(s) shall become the property of Lewis County and may be humanely destroyed; provided, where the animal(s) has/have been declared dangerous the animal(s) shall be humanely destroyed and not held for adoption or sale and shall not become the property of Lewis County. Upon acquittal, the animal(s) shall be returned to the entity.
In addition, any violation of LCC 6.15.020 shall constitute a public nuisance, and the county may take legal action to enjoin and abate the nuisance. [Ord. 1266 §2, 2016; Ord. 1214 §1, 2010]
6.15.040 Restitution.
Upon conviction for any criminal law violation of this chapter, the defendant shall be liable to Lewis County for all costs actually incurred in the investigation and prosecution of the case. The costs shall include the costs of investigating the violation including the hourly rate of pay for Lewis County staff involved in the investigation process, transportation and housing and veterinary costs for any animals related to the matter or held by Lewis County, and any other incidental costs of investigation or prosecution, excluding attorney fees. The court shall impose all such costs as restitution. [Ord. 1266 §2, 2016]
6.15.050 Scope.
The provisions of this chapter shall be effective in and throughout the unincorporated areas of Lewis County, Washington. [Ord. 1266 §2, 2016]
6.15.060 Severability.
Should any section, paragraph, sentence, clause or phrase of this chapter, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this chapter be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this chapter or its application to other persons or circumstances. [Ord. 1266 §2, 2016]