Chapter 7.01
DEFINITIONS
Sections:
7.01.010 Definitions.
Within the provisions of this title, the following definitions shall apply:
(1) “Animal” is a female, spayed female, male or neutered male animal, including any goat, horse, mule, cattle, swine or other domestic livestock used or raised on a farm, and any living vertebrate creature including reptiles or birds and excluding any marine mammals, fish or persons. “Animal” also includes dogs or cats unless specifically excluded.
(2) “Animal control authority” means the Kitsap Humane Society or other agency or organization designated as the animal control authority in an animal control services agreement.
(3) “Abandonment” means the owner has left the animal for a period of 24 hours without making effective provisions for its proper care.
(4) “Adequate shelter” means a moisture proof and wind proof structure that allows the animal to turn around freely, sit easily, stand and lie normally, and that keeps the animal clean, dry and comfortable.
(5) “At large” is off the premises of the owner or keeper of the dog, or animal, and not under restraint by leash or chain or not otherwise controlled by a competent person.
(6) “Boarding kennel” means a commercial establishment with the purpose of keeping, caring for, and/or boarding dogs and/or cats. No animals shall be offered for sale and no breeding for commercial sale shall occur on the premises.
(7) “Broker” means a person that transfers a dog or cat from a commercial kennel or mill for resale by another person.
(8) “Cat” is a female, spayed female, male, or neutered male cat.
(9) “Commercial kennel” means an establishment for the breeding and/or sale of dogs and/or cats.
(10) “Court” means Port Orchard municipal court.
(11) “Dangerous animal” means any animal that:
(a) Inflicts severe injury on a human being without provocation on public or private property;
(b) Kills a domestic animal without provocation while the attacking animal is off the owner’s property; or
(c) Has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such, and the animal again aggressively bites, attacks, or endangers the safety of humans.
This definition shall not include a police dog as defined in RCW 4.24.410.
(12) “Dog” is a female, spayed female, male or neutered male dog.
(13) “Dog handler” means a law enforcement officer who has successfully completed training as prescribed by the Washington State Criminal Justice Training Commission in police dog handling.
(14) “Domestic livestock” means any male or female hoofed animal.
(15) “Grooming parlor” means any place, establishment, store or department of any store, that handles live dogs and/or cats and offers to bathe, trim, or groom the animal in any manner.
(16) “Hobby kennel” means a noncommercial residential kennel with the purpose of keeping dogs and/or cats owned by one individual. A hobby kennel is limited to a maximum of 10 dogs and/or cats.
(17) “Inhumane treatment” means every act, omission, or neglect whereby unnecessary or unjustified physical pain or suffering is caused or permitted.
(18) “Local law enforcement officer” means the police chief or their designee.
(19) “Mill – puppy or kitten” means an establishment that breeds dogs and/or cats for sale, typically on an intensive basis and in conditions regarded as inhumane in which profit is prioritized over the wellbeing of the animals and/or where the health and welfare of the animals are not adequately provided for.
(20) “Neglect” means the failure to provide proper food, potable water, adequate shelter, opportunity for exercise, or other care normal, usual, and proper for an animal’s health and wellbeing.
(21) “Offer for adoption” means to allow showcasing of animals for adoption by bonafide animal care and control agencies as defined in RCW 16.52.011.
(22) “Offer for sale” means to sell, rent, lease, offer for sale or consignment, advertise for the sale, rent, or lease of, barter, auction, give away, or otherwise dispose of a live animal.
(23) “Owner” is any person or entity that controls, maintains, possesses, has custody of, or otherwise provides care, shelter, protection, restraint, refuge, food, or nourishment in such a manner as to control an animal’s activities.
(24) “Pet shop” is any place, establishment, store, or department of any store, that handles live animals, including dogs, cats, rabbits, birds, reptiles, other fowl, or fish, and offers to sell or rent to the public such animals at retail or wholesale.
(25) “Police dog” means a dog used by a law enforcement agency specially trained for law enforcement work and under the control of a dog handler.
(26) “Provocation” means teasing, taunting, striking or other like action, or the unauthorized entry onto the premises where an animal is kept.
(27) “Potentially dangerous” means an animal that, when unprovoked:
(a) Chases or approaches a person upon the streets, sidewalks or any other public grounds in a menacing fashion or apparent attitude of attack;
(b) Causes injury to or otherwise threatens the safety of a human or domestic animal; or
(c) Inflicts a bite upon a human or domestic animal either on public or private property.
(28) “Secure enclosure” means a chain link enclosure consisting of secure sides and a secure top, or if without top, having sides which are at least eight feet high, and with a floor permanently attached to the sides, or having sides which are embedded at least one foot into the ground, and which is constructed of such material and closed in such manner that the animal(s) cannot exit on their own.
(29) “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
(30) “Stray” is any animal loitering in a neighborhood or any public place without an apparent owner or home.
(31) “Under control” means the animal is under voice and/or signal control so as to be thereby restrained from approaching any bystander or other animal or from causing or being the cause of physical or property damage when off a leash or off the premises of the owner.
(32) The present tense shall include the past and future tenses, and the future, the present. Each gender shall include all genders. The singular number shall include the plural and the singular.
Whenever a power is granted to or a duty is imposed upon the humane society, poundmaster or other public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized pursuant to the law by the officer unless this chapter expressly provides otherwise. (Ord. 017-23 § 1 (Exh. A); Ord. 040-19 § 1; Ord. 003-05 § 1; Ord. 1944 § 1, 2004; Ord. 1750 § 2, 1999).