Chapter 6.04 ANIMALS AT LARGE

It is declared the public policy of the city to secure and maintain such levels of animal control as will protect human health and safety, and, to the greatest degree practicable, prevent injury to property and cruelty to animal life. To this end, it is the purpose of this chapter to provide a means of licensing dogs, and to provide rules regulating these and all other animals so that they do not become public nuisances and are not the victims of cruelty. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.020 Definitions.

(1) “Animal” means any living creature except people.

(2) “Animal control authority” or “officer” means the city’s designee for animal control, acting alone or in concert with other municipalities for enforcement of the animal control laws of the city, county and state.

(3) “Appellant” means a person that has submitted a timely appeal of any animal control authority’s determination issued pursuant to this chapter.

(4) “At large” means to be off of the premises of the owner and not under leash, voice or signal control of a person capable of exercising such control.

(5) “Barking dog” means a dog that barks, bays, cries, howls or makes any noise audible beyond the boundaries of the property on which the dog is situated for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. Such extended period of time shall consist of incessant barking, baying, crying, howling or making of any noise for 20 consecutive minutes or more in any 24-hour period, or intermittent barking, baying, crying, howling or making any noise for 40 accumulative minutes or more during any 24-hour period. A dog shall not be deemed a “barking dog” for purposes of this chapter if, at any time the dog is barking, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated, or when the dog is being teased or provoked.

(6) “Commercial cattery” means a place where four or more adult cats are kept, whether by owners of the cats or by persons providing facilities and care, whether or not for compensation, but not including a small animal hospital, clinic or pet shop. An adult cat is one of either sex, altered or unaltered, that has reached the age of six months.

(7) “Commercial kennel” means a place where four or more adult dogs are kept, whether by owners of the dogs or by persons providing facilities and care, whether or not for compensation, but not including a small animal hospital or clinic or pet shop. An adult dog is one of either sex, altered or unaltered, that has reached the age of six months.

(8) “Dangerous dog” means any dog that:

(a) Inflicts severe injury on a human being without provocation on public or private property; or

(b) Inflicts severe injury on or kills a domestic animal without provocation while the dog is off the owner’s property; or

(c) Has been previously found to be potentially dangerous, the owner having received notice of such, and the dog again aggressively bites, attacks, or endangers the safety of humans.

(9) “Euthanasia” means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness and death during such loss of consciousness.

(10) “Exotic animal” shall be as defined in KCC 11.28.020(c) and any other animal, when in its wild state and while at large, which is capable of inflicting serious physical harm upon human beings.

(11) “Fowl,” where used in this chapter, means and includes chickens and ducks but excludes roosters.

(12) “Grooming service” means any place or establishment, public or private, where animals are bathed, clipped or combed, whether or not for compensation, for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged.

(13) “Hobby cattery” means a noncommercial cattery at or adjoining a private residence where four or more adult cats are bred or kept for exhibition for organized shows or for the enjoyment of the species; provided, however, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number allowed by code.

(14) “Hobby kennel” means a noncommercial kennel at or adjoining a private residence, where four or more adult dogs are bred or kept for hunting, training and exhibition for organized shows, field, working and/or obedience trials or for enjoyment of the species; provided, however, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number allowed by code.

(15) “Owner” means any person having an interest in or right of possession to an animal, or any person having control, custody or possession of any animal.

(16) “Pet shop” means any person, establishment, store or department of any store that acquires live animals, including birds, reptiles, fowl and fish, and sells or offers to sell or rent such live animals to the public or to retail outlets.

(17) “Potentially dangerous dog” means any dog that when unprovoked:

(a) Inflicts a bite or bites on a human, pet, livestock or domestic animal (including poultry and water fowl) on either public or private property; or

(b) Chases or approaches a person on either public or private grounds in a menacing fashion or apparent attitude of attack; or

(c) Any dog with a known propensity, tendency, or disposition to attack unprovoked, or to cause injury or otherwise threaten the safety of humans, pets, or livestock on any public or private property.

(18) Restraint. An animal shall be deemed to be under “restraint” within the meaning of this chapter if it is confined within the property limits of its owner or keeper by a suitable fence or securely restrained within the premises by a leash affixed to a post or other securely fixed object.

(19) “Service animal” means any animal that is trained or being trained to aid a person who is blind, hearing impaired or otherwise disabled and is used for that purpose and is registered with a recognized service animal organization.

(20) “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. (Ord. 1058 § 2, 2023; Ord. 1043 § 2 (Exh. A), 2022).

6.04.030 License required.

It is unlawful for any person to own any dog over the age of six months within the city unless the owner has first procured a license therefor. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.040 Application contents.

Application for the license required by NPMC 6.04.030 shall be made upon forms provided or approved by the city. The application shall provide the name, address, and telephone number of the owner, and the name, breed, color, age, and sex of each animal owned or harbored by the owner. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.050 License expiration.

Licenses will be valid for one year from the date of issuance, expiring on the last day of the twelfth month, or as specified in any contract or other agreement entered into by the city with any agency providing animal services. There is no proration of any license fees. Renewal licenses will retain the original expiration period whether renewed prior to, on, or after their respective renewal month. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.060 License fee.

The annual license fee for each dog shall be in an amount adopted pursuant to a fee schedule adopted and amended from time to time by the city council or as specified in any contract or other agreement entered into by the city and any agency providing animal services. A late penalty, in addition to the annual license fee, shall be levied on all licenses issued after the last day of the twelfth month from the date of issuance. No late penalty shall apply if the city is furnished certification by the owner that the owner has become a resident of the city in the last 30 days or that the animal’s age is less than seven months. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.070 Special license fee.

City residents 65 years of age or older shall be entitled to purchase a special permanent license for the lifetime of the dog for which they are the registered owners when the animals are maintained at the owner’s registered address. Eligible residents may purchase the special permanent animal license at a cost per licensed dog as established by city council resolution, and they shall not be required to annually purchase a new license for the lifetime of such licensed animal; provided, that no person shall possess more than two permanent licenses at one time for dogs of which that person is the registered owner. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.080 Tag requirements.

When off the owner’s premises, each dog requiring a license shall wear a collar or harness to which the license required by NPMC 6.04.030 shall be affixed. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.090 Quarantine responsibility and rabies control.

Every animal which bites a person so as to cause an abrasion of the skin must be securely quarantined at the direction of the animal control authority for a period of 10 days. At the discretion of the animal control authority, the quarantine may occur by:

(1) Securing the animal on the owner’s premises with the approval of and under the supervision of the animal control authority or police officer and not allowing said animal to run at large or to come in contact with any person or other animal. If at any time, in the discretion of the animal control authority, the owner is not securing and supervising the animal adequately for quarantine purposes, the animal control authority may place or impound the animal pursuant to subsection (2) of this section; or

(2) Placing the dog in a veterinary hospital, or impounding it to an approved shelter for a period of at least 10 days.

(3) Such dog may not be transported outside of the city limits without the written permission of the director of King County public health.

(4) Costs of maintaining an animal in a veterinary hospital shall be paid by the owner. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.100 Rules and regulations relating to fowl.

(1) Possession of roosters within city limits is prohibited.

(2) The number of fowl shall be limited based on the zoning designation as follows:

(a) R7.2 (minimum lot size 7,200 square feet): three fowl maximum allowed;

(b) R12.5 (minimum lot size 12,500 square feet): six fowl maximum allowed;

(d) R20 (minimum lot size 20,000 square feet): 10 fowl maximum allowed.

(3) All pens, coops and hutches used for fowl must be set back from any property line a minimum of 10 feet. (Ord. 1058 § 3, 2023; Ord. 1043 § 2 (Exh. A), 2022).

6.04.110 Possession of exotic animals illegal.

(1) Private citizens shall not own or possess exotic animals as pets. However, any facility possessing or maintaining exotic animals as defined in this section that is owned, operated or maintained by any city, county, state or the federal government, including but not limited to public zoos, or museums, laboratories and research facilities maintained by scientific or educational institutions, or private or commercial activities such as circuses, fairs, or private zoological parks that are otherwise regulated by law, or any recognized program for the training of exotic animals for use as service animals by disabled citizens is allowed.

(2) Breeding, or allowing the reproduction of, exotic animals is prohibited, except that this prohibition shall not apply to any governmental facility possessing or maintaining exotic animals, nor shall it apply to private or commercial activities as set forth in subsection (1) of this section.

(3) The definition of “exotic animal” includes:

(a) Venomous species of snakes capable of inflicting serious physical harm or death to human beings;

(b) Nonhuman primates and prosimians;

(d) Nondomesticated species of felines;

(e) Nondomesticated species of canines and their hybrids, including wolf and coyote hybrids; and

(f) The order Crocodylia, including alligators, crocodiles, caimans and gavials. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.120 Rules and regulations relating to guard dogs.

(1) Rules and regulations relating to guard dogs contained in KCC 11.32.010 through 11.32.110 are adopted by the city as though fully set out in this section. Copies of these rules and regulations shall be on file in the office of the city clerk.

(2) The rules and regulations relating to guard dogs shall be enforced by an authorized animal control officer for the city. Violation of this section shall constitute a misdemeanor.

(3) Any person training or selling guard dogs, as defined in KCC 11.32.020, shall meet all city licensing and zoning requirements. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.130 Control of animals.

(1) It shall be a violation of this chapter for the owner of an animal to intentionally or unintentionally:

(a) Allow his or her animal to be at large;

(b) Allow his or her animal to trespass on another’s property;

(c) Allow his or her animal to enter any place where food is stored, prepared, served, or sold to the public, or to enter any public building, except that this subsection shall not apply to any owner using a service animal or attending a sanctioned pet event;

(d) Allow his or her female dog in heat to be accessible to male dogs unless for controlled and planned breeding;

(e) Keep or harbor any animal that disturbs others by engaging in loud behavior or barking as defined by NPMC 6.04.020;

(f) Allow the accumulation of feces in any open area, run, cage, or yard where animals are kept or fail to remove or dispose of feces at least once every 96 hours;

(g) Fail to remove feces deposited by his or her animal on public property or another’s private property before the owner leaves the immediate area where the feces was deposited; or

(h) Leave any foodstuff, feed, or other material that may attract various small animals or insects, such as rats or cockroaches, that are destructive, annoying, or injurious to health. (Ord. 1058 § 4, 2023; Ord. 1043 § 2 (Exh. A), 2022).

6.04.140 Public nuisance.

(1) If an owner of an animal: (a) receives three civil infractions in any three-year period for violations of this chapter; or (b) if a dog is declared dangerous pursuant to NPMC 6.04.160, then the animal in violation may be declared a public nuisance and if so declared, shall be removed from the city by the owner or the animal control authority.

(2) The removal of a public nuisance animal shall be accomplished as follows:

(a) The animal control authority shall notify and direct the owner of the animal to remove the animal from the city within 96 hours from the date of the written notice.

(b) If the animal is found in the city after 96 hours have elapsed from the date of notice, the animal shall be removed by the animal control authority in accordance with NPMC 6.04.210. (Ord. 1058 § 5, 2023; Ord. 1043 § 2 (Exh. A), 2022).

6.04.150 Declaration of potentially dangerous dog.

(1) The animal control authority may find and declare a dog potentially dangerous if the animal control authority has probable cause to believe that the dog falls within the definition set forth in NPMC 6.04.020. The declaration must be based upon:

(a) The written complaint of a citizen who is willing to testify that the dog has acted in a manner which causes it to fall within the definition of a potentially dangerous dog in NPMC 6.04.020; or

(b) Dog bite reports filed with the animal control authority; or

(d) Other substantial evidence.

(2) The potentially dangerous dog declaration shall be in writing and shall be served on the dog owner in one of the following methods:

(a) Certified mail to the owner’s last known address; or

(b) Personal service on the owner; or

(3) A potentially dangerous dog declaration shall contain:

(a) The description of the dog;

(b) The name and address of the owner, if known;

(d) The facts and RCW or NPMC section upon which the declaration of potentially dangerous dog is based;

(e) The restrictions placed on the animal by this chapter;

(f) The availability of a hearing pursuant to NPMC 6.04.170 before the Normandy Park municipal court provided a written appeal is submitted to the court and the Normandy Park police chief not more than five business days after service of the potentially dangerous dog declaration; and

(g) That the service of a potentially dangerous dog declaration shall, unless timely appealed, be a final determination that the dog is a potentially dangerous dog. Failure to timely file a notice of appeal shall constitute a waiver of the right to appeal the determination of the declaration of potentially dangerous dog. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.160 Declaration of dangerous dog.

(1) The animal control authority shall have authority to declare, classify and restrict dangerous dogs. Prior to the animal control authority issuing its final declaration, the animal control authority shall notify the owner in writing that the city intends to declare the dog dangerous (“intent to declare declaration”) and that the owner is entitled to an administrative review meeting with the city designee, at which meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous. The notice shall state the date, time, and location of the meeting, which must occur prior to expiration of 15 calendar days following delivery of the notice. The owner may propose an alternative meeting date and time, but such meeting must occur within 15 calendar days following the delivery of the notice. Within 15 calendar days of such meeting, the city shall issue its final written determination.

(2) After such administrative review meeting, the animal control authority may find and declare the dog to be dangerous if the animal control authority has probable cause to believe that the dog falls within the definition set forth in NPMC 6.04.020. The declaration 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 of NPMC 6.04.020; or

(b) Dog bite reports filed with the police department; or

(d) Other substantial evidence.

(3) The intent to declare declaration, and the dangerous dog declaration, 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; or

(b) Personal service on the owner; or

(d) The declaration shall state at least:

(i) The description of the dog;

(ii) The name and address of the owner, if known;

(iii) The location of the dog if not in custody of the owner;

(iv) The facts and RCW or NPMC section upon which the declaration of dangerous dog is based;

(v) The restrictions placed on the animal by RCW 16.08.080 or this chapter;

(vi) A summary of the potential penalties for violation of the restrictions;

(vii) The availability of a hearing pursuant to NPMC 6.04.170 before the Normandy Park municipal court provided a written appeal is submitted to the court and the Normandy Park police chief not more than five business days after service of the dangerous dog declaration; and

(viii) That the service of a dangerous dog declaration shall, unless timely appealed, be a final determination that the dog is a dangerous dog. Failure to timely file a notice of appeal shall constitute a waiver of the right to appeal the determination of the declaration of a dangerous dog. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.170 Hearing procedure for dangerous or potentially dangerous dogs.

(1) Appeal Submittal. Appeals, conforming to the requirements established in subsection (2) of this section, shall be submitted to the Normandy Park municipal court and the Normandy Park police chief.

(2) Appeal Contents. An appeal pursuant to this chapter shall be in writing and shall address the following requirements:

(a) The names and addresses of all persons who will be participating in the appeal, along with their legal interest in the dog involved in the proceeding.

(b) A brief statement of the specific action protested, together with any material facts related to this protest.

(c) A brief statement of the outcome sought and the reason why the protested action should be reversed, modified, or otherwise set aside.

(d) The appeal should be signed by the interested persons and include the following penalty of perjury statement by at least one of these persons:

I,_______________________, certify and declare under the penalty of perjury under the laws of the state of Washington the foregoing is true and correct.

(e) An appeal fee in the amount established by the city’s fee schedule, which may be amended from time to time.

(3) Hearing Date. Upon receipt of a timely filed notice of appeal, a hearing shall be scheduled not more than 60 days from the date of the filing of the notice of appeal. Written notice of the date of the hearing shall be sent to the appellants at least 10 days prior to the scheduled hearing date.

(4) Failure to Appear – Default Order. The failure of the appellant to appear at the hearing shall result in a denial of the appeal and upholding of the declaration of dangerous dog or potentially dangerous dog.

(5) Alternative Determination. Nothing prevents the appellant(s) and the city from reaching an amicable decision before or at the time of the hearing.

(6) Payment of Costs. If the court upholds the animal control authority’s declaration of the dog, the owner must pay all costs and fees of confinement, impound and control. In addition, if the owner does not file a timely appeal, the restrictions imposed in connection with the declaration shall remain in effect for the life of the dog, unless sooner lifted by animal control authority or a court of competent jurisdiction.

(7) Hearing Procedure.

(a) Declaration Probable Cause. Dogs shall be found dangerous or potentially dangerous upon proof that the dog is as defined in NPMC 6.04.020, established by the probable cause standard required for the declaration of the animal control authority.

(b) Presentation of Evidence. At the appeal hearing, the court shall take evidence relevant to the animal control authority’s declaration and the appellant’s notice of appeal.

(c) Burden of Proof and Standard of Review. The animal control authority shall have the burden of proving that the dog is dangerous by a preponderance of the evidence.

(d) De Novo Hearing. The owner of the dog may present evidence in defense of the animal. The court shall weigh the evidence presented by both the animal control authority and the owner (if applicable). At the conclusion of the hearing, or within 10 business days of the conclusion of the hearing, the court shall issue a written order and may make the following determinations:

(i) The dog in question is a dangerous dog or potentially dangerous dog by a preponderance of the evidence;

(ii) The dog in question is declared to be not dangerous or potentially dangerous.

(e) Decision of the Court. The decision of the Normandy Park municipal court shall be a final administrative decision appealable to the King County superior court within 30 days of the final written order. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.180 Requirements for keeping a potentially dangerous dog.

The owner of a dog declared to be a potentially dangerous dog shall comply with the following conditions:

(1) Confinement. Owner(s) are required to securely confine the dog on the owner’s property. “Confined” shall mean: secured indoors or in a securely enclosed and locked pen or structure suitable to prevent the entry of persons other than the owner and designed to prevent the animal from escaping; or in a securely fenced yard with a locked gate. The pen or structure shall include shelter and protection from the elements and shall provide adequate exercise, light and ventilation. Furthermore, the enclosed pen or structure shall be kept in a clean and sanitary condition.

(2) Leash. The dog shall not be outside the proper enclosure unless the dog is humanely muzzled, restrained by a substantial chain or leash no more than eight feet in length, and under physical restraint of a responsible person. The muzzle shall be made in a manner that shall not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or domestic animal.

(3) Microchip. The owner shall be required to microchip their dog by a veterinarian of the owner’s choice, at the owner’s expense. The evidence documenting the placement of the microchip that is capable of being scanned by an “AVID” or equivalent brand microchip scanner shall be provided to the animal control authority within 15 days after service of the potentially dangerous dog declaration.

(4) Transfer of Ownership. It is unlawful for an owner of a dangerous dog to sell, barter, or otherwise transfer the ownership, custody, or residence of the dog without first obtaining written approval from the animal control authority.

(5) Notification. The owner of a potentially dangerous dog shall immediately notify the animal control authority when the dog is loose or unconfined off the premises of the owner.

(6) Penalty. Failure of owner(s) to comply with any of the conditions imposed under this section may, in addition to other enforcement, result in the dog being immediately impounded.

(7) Requirements Effective. These requirements take effect immediately upon service of the potentially dangerous dog declaration and remain in force, including during any appeal of the potentially dangerous dog declaration, until otherwise lifted by a court of competent jurisdiction or the animal control authority. Further, these requirements are in addition to all other registration, vaccination, and other requirements contained in this chapter. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.190 Requirements for keeping a dangerous dog pending an appeal.

The owner of a dog declared to be dangerous and pending a timely appeal shall comply with the following requirements:

(1) Insurance or Surety Bond. Pursuant to RCW 16.08.080, within 15 days of service of the dangerous dog declaration, the owner of the dog named in the declaration shall either post 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 $250,000 payable to any person injured by the dog; or obtain a policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000 insuring the owner for any personal injuries inflicted by the dog.

(2) Confinement. The owner is required to securely confine the dog on the owner’s property. “Confined” shall mean: secured indoors or in a securely enclosed and locked pen or structure suitable to prevent the entry of persons other than the owner and designed to prevent the animal from escaping; or in a securely fenced yard with a locked gate. The pen or structure shall include shelter and protection from the elements and shall provide adequate exercise, light and ventilation. Furthermore, the enclosed pen or structure shall be kept in a clean and sanitary condition.

(3) Leash. The dog shall not be outside the proper enclosure unless the dog is humanely muzzled, restrained by a substantial chain or leash no more than eight feet in length, and under physical restraint of a responsible person. The muzzle shall be made in a manner that shall not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or domestic animal.

(4) Warning Signs. The owner is required to post signs for the duration the dog is on the premises to warn the public 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.

(5) Microchip. The owner shall be required to microchip their dog by a veterinarian of the owner’s choice, at the owner’s expense. The evidence documenting the placement of the microchip that is capable of being scanned by an “AVID” or equivalent brand microchip scanner shall be provided to the animal control authority within 15 days after service of the dangerous dog declaration.

(6) Transfer of Ownership. It is unlawful for an owner of a dangerous dog pending an appeal to sell, barter, or otherwise transfer the ownership, custody, or residence of the dog without first obtaining written approval from the animal control authority. Request for approval to sell, barter, or otherwise transfer the ownership, custody or residence of the dog shall be submitted at least 30 days prior to the transfer and shall include who the dog is being transferred to, the address of that person, and when the transfer will occur.

(7) Impoundment of Dangerous Dog. Any dangerous dog may be immediately impounded by the animal control authority if:

(a) The dog is not validly registered under this section;

(b) The owner does not secure the liability insurance coverage required under this section;

(d) The dog is outside the dwelling of the owner, or outside of the secure enclosure and not under physical restraint of the responsible owner; or

(e) Any and all other failures to abide by restraints imposed on the owner or violations of this section or the Normandy Park Municipal Code.

(8) Financial Responsibility. The owner of a dangerous dog shall pay all costs associated with enforcement of this section.

(9) Penalty. An owner of a dangerous dog’s failure to comply with the conditions imposed pursuant to this section shall be guilty of a gross misdemeanor.

(10) Requirements Effective. These requirements take effect immediately upon service of the dangerous dog declaration and remain in force, including during any appeal of the dangerous dog declaration, until otherwise lifted by a court of competent jurisdiction or the animal control authority. Further, these requirements are in addition to all other registration, vaccination, and other requirements contained in this chapter. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.200 Cruelty to animals.

(1) It is unlawful for any person to:

(a) Willfully and cruelly injure or kill any animal by any means;

(b) By reason of neglect or intent, cause or allow any animal to endure pain, suffering, or injury, or fail or neglect to aid or attempt alleviation of pain, suffering, or injury he has caused to any animal;

(c) Willfully or maliciously lay out or expose any kind of poison, or willfully or maliciously leave any poisoned food or drink for animal or fowl for the express purpose of causing illness, death, or harm to the animal or fowl, or any substance or fluid whatever whereon or wherein there is or shall be deposited or mingled any kind of poison or poisonous or deadly substance or fluid whatever, on any premises, or in any unenclosed place, or aid or abet any person in so doing, unless in accordance with the provisions of RCW 16.52.190;

(d) Abandon any animal by dropping off or leaving such animal on the street, road, or highway, or in any other public place, or on the private property of another;

(e) Leave foodstuffs or feed, excepting bird feeders, or leave salt licks in places accessible to wild animals.

(2) Notwithstanding any provision of this code, any person may lawfully kill a vicious animal when a clear and present danger exists to his own or the public safety.

(3) Nuisance wildlife, excluding mice, rats, moles and gophers, may only be managed by the use of a live trap mechanism after obtaining a permit from the city. The applicant shall deliver to the city their plan to accomplish the trapping, justification for the trapping, the make and model of the device to be used, the firm to be contracted with if that option is used, proof of insurability, and the designated area of release. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.210 Impounding of offending animals.

Designated city employees, or employees of agencies authorized by city council, shall take up and impound any animal found in the city violating any provisions of this chapter. The pound keeper or pound keeper’s agent shall, immediately upon the impounding of any animal, make a complete registry, entering the breed, color, and sex of such animal, and whether licensed; and, if such animal is licensed, shall contact the owner by phone or registered mail that the animal has been impounded and may be redeemed. Any animal impounded pursuant to this code shall be held for the owner at least 72 hours after the owner’s receipt of the impounding agency’s notification. Any animal whose owner is unknown or cannot be notified shall be held 156 hours before placement or adoption. Any animal suffering from serious injury or disease may be destroyed or, in the discretion of the impounding authority, may be held for a longer period and redeemed by any person on payment of charges not exceeding those prescribed in this section. In case any animal is not redeemed, it may be humanely destroyed by euthanasia by the impounding agency or may be made available for adoption. No live animals shall be used for experimental purposes. Impounded animals shall be taken to locations approved by the city animal control authority and in accordance with relevant state law. The owner of any animal impounded pursuant to the provisions contained in this code may recover the animal(s) when all billable costs, redemption fees, penalties, and boarding costs incurred in the impoundment are made payable to the city treasurer, which may be accepted by the animal control authority acting as agent for the city. Redemption fees and costs shall be established the city council. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.220 Enforcement power.

(1) The director of the animal control authority and any authorized animal control officers are authorized to take such lawful action 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 enforcement of control.

(2) The director of animal control authority or any authorized animal control officer shall not enter a building designated for and used for private purposes, unless a proper warrant has first been issued upon a showing that the officer has reasonable cause to believe an animal is being maintained in the building in violation of this chapter.

(3) Provided, that the director of the animal control authority and any authorized animal control officers, while pursuing any animal observed by the officer to be in violation of this chapter, may enter upon any public or private property, except any building designated for and used for private purposes, for the purpose of abating the animal violation being pursued. Officers in conduct of this authority shall exercise reasonable caution so that no damage will be done to property, public or private.

(4) No person shall deny, prevent, obstruct or attempt to deny, prevent or obstruct an officer from pursuing any animal observed to be in violation of this chapter. Further, no person shall fail or neglect after a proper warrant has been presented to promptly permit the director or his authorized animal control officer to enter private property to perform any duty imposed by this chapter. Any person violating this subdivision is guilty of a misdemeanor. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.230 Disposal of diseased carcasses.

Every person owning or being responsible for any animal that has died or been killed because of disease shall immediately contact the animal control agency, who will pick up the animal and remove for disposal, or bury the animal’s carcass at least three feet underground at a place approved by the city manager or designee, or cause the animal to be consumed by fire. No person shall sell or give away the carcass of any animal that dies or was killed because of disease. It is unlawful to violate any provision of this section. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.240 Contracting impounding services.

The city manager, with the approval of the city council, may contract with any firm, person or corporation who provides services in catching and impounding animals as authorized by this chapter, or who operates a pound, kennel or veterinary hospital within or without the city, which complies with the standards and requirements set by the city manager for the keeping and care of impounded or quarantined animals. It shall be no objection to such contract that the operator of such pound shall contract for and provide such services to other cities or counties, and, in the event of such contracting, the duly authorized agents of such pound, kennel or hospital operator may be granted authority as peace officers of the city for enforcement of this chapter. Such contracting party and his agents shall not be deemed employees of the city within the meaning of RCW 35A.13.120. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.250 Appeals.

Repealed by Ord. 1058. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.260 Animal shelter and commercial kennel or cattery license – Required.

It is unlawful for any person to keep or maintain any animal shelter or commercial kennel or cattery within the city of Normandy Park without first obtaining a valid and subsisting license therefor. The fee for such license shall be set forth in the current fee schedule. Each license and certificate of inspection issued pursuant to this chapter shall be conspicuously displayed at the establishment to which such license was issued. The license shall be dated and numbered and shall bear the name of the city and the name and address of the owner or keeper of the establishment, and the expiration date of the license. The license shall run for a period of one year from the date of purchase. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.270 Animal shelter and commercial kennel or cattery license – Zoning and health requirements.

(1) Zoning Compliance. The applicant for an original animal shelter or commercial kennel or cattery license shall, prior to issuance of the animal shelter or commercial kennel or cattery license, present to the animal control authority evidence of approval from the community development department.

(2) Health Inspection. Before an animal shelter or commercial kennel or cattery license may be issued by the animal control authority, a certificate of inspection from the animal control authority must be issued showing that the animal shelter, commercial kennel or cattery, or pet shop is in compliance with hygienic standards of this chapter or other applicable chapters or regulations. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.280 Hobby kennel license.

(1) License Required. It is unlawful for any person to keep or maintain any dog or cat within the city for the purpose of a hobby kennel without obtaining a valid license. The fee for such license shall be as set forth in the current fee schedule.

(2) Limitation of Number of Dogs and Cats Allowed. The total number of dogs and cats over six months of age kept by a hobby kennel shall not exceed the total number authorized by the animal control authority based on the following guidelines:

(a) The number of animals permitted shall be established by the animal control authority based on such factors as animal size, type and characteristics of the breed and the amount of lot area; provided, that the maximum number shall not exceed 25 where the lot area contains five acres or more; the maximum number shall not exceed 10 where the lot area contains 35,000 square feet but less than five acres and the maximum shall not exceed five where the lot area is less than 35,000 square feet.

(b) All open run areas shall be completely surrounded by a six-foot fence set back at least 20 feet from all property lines.

(d) The animal control authority may require additional setback, fencing, screening, or soundproofing requirements as he/she deems necessary to ensure the compatibility of the hobby kennel with surrounding development.

(e) The hobby kennel shall limit dog and cat reproduction to no more than 12 offspring per license year.

(f) Each animal in the hobby kennel shall have current and proper immunization from disease according to the animal’s species and age. For dogs, such shall consist, as a minimum, of DHL inoculation for dogs over three months of age and rabies inoculations for those over six months of age. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.290 Animal shelters, commercial kennel or cattery and pet shops – Reports – Inspections – Sanitation.

(1) Report of Animal Disposition. Each animal shelter, commercial kennel or cattery or pet shop shall provide a list to the animal control authority, quarterly, based upon the calendar year, of all dogs and cats auctioned off, given away, sold or otherwise disposed of. The list shall include the origin, the age and type of dog or cat, and the name and address of the person to whom the dog or cat was given or purveyed.

(2) Inspection. It shall be the duty of the animal control authority or his/her designee to make or cause to be made such inspections as may be necessary to ensure compliance with other applicable sections of this chapter. The owner or keeper of an animal shelter, commercial kennel or cattery or pet shop shall admit to the premises, for the purpose of making an inspection, any officer, agent or employee of the animal control authority at any reasonable time that admission is requested.

(3) Unsanitary Conditions Unlawful. It is unlawful to keep, use or maintain within the city any animal shelter, commercial kennel or cattery or pet shop that is unsanitary, nauseous, foul or offensive, or in any way detrimental to public health and/or safety and not in compliance therewith. Failure to comply with this section may be cause for revocation or denial of a license to use, keep or maintain such animal shelter, commercial kennel or cattery or pet shop. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.300 Animal shelters, commercial kennel or cattery and pet shops – General standards.

Animal shelters, commercial kennels or catteries and pet shops shall meet the following conditions:

(1) Housing facilities shall be provided for the animals and such shall be structurally sound and shall be maintained in good repair; shall be designed so as to protect the animals from injury; shall contain the animals; and shall restrict the entrance of other animals.

(2) Electric power shall be supplied in conformance with city and state electrical codes adequate to supply lighting and heating as may be required by this chapter. Water shall be supplied at sufficient pressure and quantity to clean indoor housing facilities and primary enclosures of debris and excreta.

(3) 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.

(4) Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, and debris. Disposal facilities shall be maintained in a sanitary condition, free from the infestation or contamination of insects or rodents or disease and from obnoxious or foul odors.

(5) Washroom facilities, including sinks and toilets with hot and cold running water, must be conveniently available for cleaning purposes, and a large sink or tub provided for the purpose of washing utensils, equipment and facilities.

(6) Sick animals shall be separated from those appearing healthy and normal and, if for sale, shall be removed from display and sale. Sick animals shall be kept in isolation quarters with adequate ventilation to prevent contaminating well animals.

(7) There shall be an employee on duty at all times during hours any shelter, commercial kennel or cattery or pet shop is open.

(8) An employee or owner shall come in to feed, water and do the necessary cleaning of animals and birds on days the shelter, commercial kennel or cattery or pet shop is closed.

(9) No person shall knowingly sell a sick or injured animal or bird.

(10) No person shall misrepresent an animal or bird to a consumer in any way. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.310 Animal shelters, commercial kennel or cattery and pet shops – Indoor facilities.

Animal shelters, commercial kennels or catteries and pet shops which have indoor housing facilities for animals and birds shall:

(1) Be sufficiently heated or cooled to protect such animals from temperatures to which they are not normally acclimatized;

(2) Be adequately ventilated to provide for the health of animals contained therein and to assist in the removal of foul and obnoxious odors. Provision shall be made so that the volume of air within any enclosed indoor facility shall be changed three times or more each hour. This may be accomplished through the rotation and periodic opening of doors and windows. If fans or ventilating equipment are used, they shall be constructed in conformance with current standards of good engineering practice with respect to noise and minimization of drafts;

(3) Have sufficient natural or artificial lighting to permit routine inspection and cleaning at any time of day. In addition, sufficient natural or artificial lighting shall be supplied in the area of sinks and toilets to provide for the hygiene of animal caretakers;

(4) Have interior wall and ceiling 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, when such materials are not originally resistant to moisture or odors. Floor surfaces shall not be made of unsealed wood. In addition, 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 drainage system which shall be connected to a sanitary sewer or septic tank system which conforms to the standards of building codes in force within the city and shall be designed to rapidly remove water and excreta in the cleaning of such indoor housing facility under any condition of weather or temperature; provided, this requirement shall not apply to hobby kennels and pet shops. All indoor housing facilities for animals, fish, or birds 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) Conform with all applicable development standards of the city zoning code. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.320 Animal shelters, commercial kennel or cattery and pet shops – Outdoor facilities.

Animal shelters, commercial kennels or catteries and pet shops which have outdoor facilities for animals and birds shall:

(1) Be constructed to provide shelter from excessive sunlight, rain, snow, wind, or other elements. In addition, such facilities shall be constructed to provide sufficient space for the proper exercise and movement of each animal contained therein;

(2) Be constructed to provide drainage and to prevent the accumulation of water, mud, debris, excreta, or other materials and shall be designed to facilitate the removal of animal and food wastes;

(3) Be constructed with adequate walls or fences to contain the animals kept therein and to prevent entrance of other animals;

(4) Conform with all applicable development standards of the city zoning code. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.330 Grooming services – License.

It is unlawful for any person to keep or maintain any grooming parlor without first obtaining a valid and subsisting license. The fee for such license shall be as set forth in the current fee schedule. However, if the grooming parlor is operated as a part of the business of a commercial kennel or cattery, or a pet shop, the fee shall be in addition to the fee established for a commercial kennel or cattery or pet shop license. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.340 Grooming services – Conditions.

Grooming services shall:

(1) Not board animals but keep only dogs and cats for a reasonable time in order to perform the business of grooming;

(2) Provide such restraining straps for the dog or cat while it is being groomed so that such animal shall neither fall nor be hanged;

(3) Sterilize all equipment after each dog or cat has been groomed;

(4) Not leave animals unattended before a dryer;

(5) Not prescribe nor administer treatment or medicine that is the province of a licensed veterinarian as provided in RCW 18.92.010;

(6) Not put more than one animal in each cage;

(7) Have floors and walls in rooms, pens and cages used to retain animals or in areas where animals are clipped, groomed or treated constructed of water-impervious material that can readily be cleaned, and which must be maintained in good repair;

(8) Have hot and cold water conveniently available and a large sink or tub provided (minimum size 24 inches by 18 inches by 12 inches);

(9) Have toilet and hand-washing facilities with hot and cold running water conveniently available for personnel employed;

(10) Have only equipment necessary to the operation of the licensed establishment kept or stored on the premises that shall only be stored in a sanitary or orderly manner;

(11) Have all cages, pens, or kennels used for holding animals kept in a clean and sanitary condition and disinfected on a routine basis;

(12) Comply with all applicable development standards of the city zoning code. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.350 Rule and regulation promulgation.

The animal control authority is authorized to promulgate rules and regulations to implement the requirements of this chapter. Such rules and regulations shall be enacted in accordance with city procedures for adopting such rules and regulations. The animal control authority may, in addition to other penalties provided in this chapter, revoke, suspend or refuse to renew any animal shelter, hobby kennel, commercial kennel or cattery, grooming parlor, pet shop, guard dog purveyor, guard dog trainer license or guard dog registration upon good cause or for failure to comply with any provision of this chapter. (Ord. 1058 § 7, 2023; Ord. 1043 § 2 (Exh. A), 2022).

6.04.360 Reapplication after license denial.

No applicant shall be issued an animal shelter, hobby kennel, commercial kennel or cattery, grooming parlor, guard dog purveyor, or guard dog trainer license or guard dog registration who has previously had such license or registration revoked or a renewal refused, for a period of one year after the date of revocation or refusal and until such applicant meets the requirements contained herein to the satisfaction of the animal control authority. (Ord. 1043 § 2 (Exh. A), 2022).

6.04.370 Violation and penalty.

(1) Unless otherwise provided by Chapter 16.08 RCW or this chapter, any person who fails to comply with this section shall be guilty of a civil infraction and shall be subject to a civil penalty of $100.00.

(2) When a person has committed the same offense in violation of this chapter two or more times within a one-year period, the third and subsequent charges for the same offense brought within one year of the last adjudication constitutes a misdemeanor punishable by a fine of not more than $1,000 or by imprisonment for not more than 90 days or by both fine and imprisonment. (Ord. 1058 § 8, 2023; Ord. 1043 § 2 (Exh. A), 2022).