Chapter 6.02 ANIMAL CARE AND CONTROL REGULATIONS

(1) It is declared the public policy of the City to secure and maintain such levels of animal care and control as will protect animal and human health and safety, and to the greatest degree practicable to prevent injury to property and cruelty to animal life. To this end, it is the purpose of this chapter to provide a means of caring for animals, licensing dogs, cats, hobby catteries, hobby kennels and related facilities and controlling errant animal behavior so that it shall not become a public nuisance and to prevent cruelty to animals.

(2) If there is a conflict between a provision of this chapter and WMC Title 21, the provisions of WMC Title 21 shall apply. (Ord. 658 § 2 (Att. A), 2021)

6.02.020 Definitions.

In construing this chapter, except where otherwise plainly declared or clearly apparent from the context, words shall be given their common and ordinary meaning. In addition, the following definitions apply to this chapter:

“Abate” means to terminate any violation by reasonable and lawful means determined by the manager of the regional animal services section in order that an owner or a person presumed to be the owner shall comply with this chapter.

“Altered” means spayed or neutered.

“Animal” means any living creature except Homo sapiens, insects and worms.

“Animal care and control authority” means the regional animal services section of the records and licensing services division, acting alone or in concert with other municipalities for enforcement of the animal care and control laws of the County and State and the shelter and welfare of animals.

“Animal care and control officer” means any individual employed, contracted or appointed by the animal care and control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the care and licensing of animals, control of animals or seizure and impoundment of animals, and includes any State or municipal peace officer, sheriff, constable or other employee whose duties in whole or in part include assignments that involve the seizure and taking into custody of any animal.

“Animal, farm” means grazing animals kept either in open fields or training, boarding, home use, sales, or breeding and projection, and include, but are not limited to, cows, horses, pigs, sheep, goats, llamas, and alpacas.

“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 pet shop. An adult cat is one of either sex, altered or unaltered, that is at least six months old.

“Domesticated animal” means a domestic beast, such as any dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep, hog or other animal made to be domestic.

“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 the loss of consciousness.

“Fostering” means obtaining unwanted dogs or cats and locating adoptive homes for those licensed and spayed or neutered dogs or cats.

“Grooming service” means any place or establishment, public or private, where animals are bathed, clipped or combed for the purpose of enhancing either their aesthetic value or health, or both, and for which a fee is charged.

“Harbored, kept or maintained” means performing any of the acts of providing care, shelter, protection, refuge, food or nourishment in such a manner as to control the animal’s actions, or that the animal or animals are treated as living at one’s house by the homeowner.

“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. However, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number otherwise allowed in WMC 21.40.030.

“Hobby kennel” means a noncommercial kennel at or adjoining a private residence where four or more adult dogs are bred or kept for any combination of hunting, training, and exhibition for organized shows, for field, working or obedience trials or for the enjoyment of the species. However, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number otherwise allowed in WMC 21.40.030.

“Juvenile” means any dog or cat, altered or unaltered, that is under six months old.

“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 pet shop. An adult dog is one of either sex, altered or unaltered, that is at least six months old.

“Livestock” means grazing animals kept either in open fields or structures for training, boarding, home use, sales, or breeding and production, including but not limited to:

(1) Cattle;

(2) Riding and draft horses;

(3) Hogs, excluding pigs weighing under 120 pounds and standing 20 inches or less at the shoulder which are kept as pets or small animals;

(4) Sheep; and

(5) Goats.

“Owner” means any person having an interest in or right of possession to an animal. “Owner” also means any person having control, custody or possession of any animal, or by reason of the animal being seen residing consistently at a location, to an extent such that the person could be presumed to be the owner.

“Pack” means a group of two or more animals running upon either public or private property not that of its owner in a state in which either its control or ownership is in doubt or cannot readily be ascertained and when the animals are not restrained or controlled.

“Person” means any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity.

“Pet” means a dog or a cat or any other animal required to be licensed by this chapter. “Dog,” “cat” and “pet” may be used interchangeably.

“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 rents, or offers to sell or rent, the live animals to the public or to retail outlets.

“Running at large” means to be off the premises of the owner and not under the control of the owner, or competent person authorized by the owner, either by leash, verbal voice or signal control.

“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.

“Shelter” means a facility that is used to house or contain stray, homeless, abandoned or unwanted animals and that is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit organization or person devoted to the welfare, protection and humane treatment of animals.

“Special hobby kennel license” means a license issued under certain conditions to pet owners, who do not meet the requirements for a hobby kennel license, to allow them to retain only those specific dogs and cats then in their possession until such time as the death or transfer of the animals reduces the number they possess to the legal limit in WMC 21.40.030.

“Under control” means the animal is either under competent voice control or competent signal control, or both, so as to be restrained from approaching any bystander or other animal and from causing or being the cause of physical property damage when off a leash or off the premises of the owner.

“Vicious” means having performed the act of, or having the propensity to do any act, endangering the safety of any person, animal or property of another, including, but not limited to, biting a human being or attacking a human being or domesticated animal without provocation. (Ord. 737 § 11, 2022; Ord. 658 § 2 (Att. A), 2021)

6.02.030 Pet licenses.

(1) All dogs and cats eight weeks old and older that are harbored, kept or maintained in the City shall be licensed and registered. Licenses shall be renewed on or before the date of expiration.

(2) Upon application and the payment of a license fee adopted by King County, pet licenses shall be issued by the regional animal services section and may be issued by shelters, veterinarians, pet shops, catteries and kennels and other approved locations, under contract with the County.

(3) The provisions and fees set forth in King County Code Sections 11.04.030 through 11.04.035 shall apply to pet licenses. (Ord. 658 § 2 (Att. A), 2021)

6.02.040 Animal shelters, kennel, grooming service, cattery and pet shop licensing.

(1) Shelters, catteries, pet shops, grooming services and kennels shall comply with the licensing requirements of the Seattle-King County Department of Public Health. Subject to applicable restrictions in WMC Title 21, the facilities may board animals as authorized by their Seattle-King County Department of Public Health license.

(2) All hobby kennels and hobby catteries must be licensed by the regional animal services section. Licenses shall be valid for one year from the date of application. Fees shall be assessed as adopted by King County. There is no proration of the license fee. Renewal licenses shall retain the original expiration date whether renewed on or after their respective renewal month.

(3) An applicant applying for an original animal shelter, kennel, grooming service, cattery or pet shop shall present to the regional animal services section a written statement from the City that the establishment of the animal shelter, cattery, pet shop, grooming service, or kennel at the proposed site is not in violation of the City zoning code, or has a legal nonconforming zoning status. (Ord. 658 § 2 (Att. A), 2021)

6.02.050 Hobby kennel or hobby cattery requirements.

(1) It is unlawful for any person to keep and maintain any hobby kennel or hobby cattery without a valid and subsisting license therefor. The fee for such an annual license shall be assessed upon the owner or keeper of the animals and shall be as provided in King County Code Section 11.04.035. In addition, each animal that is maintained at a hobby kennel or hobby cattery shall be licensed individually under WMC 6.02.030.

(2) Any hobby kennel or hobby cattery license shall limit the total number of adult dogs and cats kept by the hobby kennel or hobby cattery based on:

(a) Animal size;

(b) Type and characteristics of the breed;

(i) Twenty-five where the lot area contains five acres or more;

(ii) Ten where the lot area contains 35,000 square feet but less than five acres; and

(iii) Five where the lot area is less than 35,000 square feet;

(d) The facility specifications and dimensions in which the dogs and cats are to be maintained;

(e) The zoning classification in which the hobby kennel or hobby cattery would be maintained.

(3) The following are requirements for hobby kennels and hobby catteries:

(a) All open run areas shall be completely surrounded by a six-foot fence set back at least 20 feet from all property lines, though this requirement may be modified for hobby catteries as long as the open run area contains the cats and prohibits the entrance of children. For purposes of this section, “open run area” means that area, within the property lines of the premises on which the hobby kennel or hobby cattery is to be maintained, where the dogs and cats are sheltered or maintained. If there is no area set aside for sheltering or maintaining the dogs within the property lines of the premises the 20-foot setback does not apply. The property lines of premises not containing an open run area must be surrounded by a six-foot fence;

(b) No commercial signs or other appearances advertising the hobby kennel or hobby cattery are permitted on the property except for the sale of the allowable offspring set forth in this section;

(c) The manager of the regional animal services section may require additional setbacks, fencing, screening or soundproofing as the manager deems necessary to ensure the compatibility of the hobby kennel or hobby cattery with the surrounding neighborhood. Factors to be considered in determining the compatibility are:

(i) Statements regarding approval or disapproval of surrounding neighbors relative to maintenance of a hobby kennel or hobby cattery at the address applied for;

(ii) History of verified animal care and control complaints relating to the dogs and cats of the applicant at the address for which the hobby kennel or hobby cattery is applied for;

(iii) Facility specifications or dimensions in which the dogs and cats are to be maintained;

(iv) Animal size, type and characteristics of breed; and

(v) The zoning classification of the premises on which the hobby kennel or hobby cattery is maintained;

(d) The hobby kennel or hobby cattery shall limit dog and cat reproduction to no more than one litter per license year per female dog and two litters per license year per female cat; and

(e) Each dog and cat in the hobby kennel or hobby cattery shall have current and proper immunization from disease according to the dog’s and cat’s species and age. The immunizations shall consist of distemper, hepatitis, leptospirosis, parainfluenza and parvo virus (DHLPP) inoculation for dogs over three months old and feline herpesvirus 1, calicivirus and panleukopenia virus (FVRCP) inoculation for cats over two months old and rabies inoculations for all dogs and cats over four months old.

(4) A hobby kennel or hobby cattery license may be issued only when the manager of the regional animal services section is satisfied that the requirements of subsection (3) of this section have been met. The license may be terminated if the number of dogs and cats exceeds the number allowed by the regional animal services section or if the facility fails to comply with any of the requirements of subsection (3) of this section.

(5) Persons owning a total number of dogs and cats exceeding three, who do not meet the requirements for a hobby kennel license, may be eligible for a special hobby kennel license to be issued at no cost by the regional animal services section, which shall allow them to retain the specific animals then in their possession, but only if the following conditions are met:

(a) The applicant must apply for the special hobby kennel license and individual licenses for each dog and cat by July 6, 1992, or at the time they are contacted by an animal care and control officer, King County license inspector or King County pet license canvasser; and

(b) The applicant is keeping the dogs and cats for the enjoyment of the species, and not as a commercial enterprise.

(6) The special hobby kennel license shall only be valid for those specific dogs and cats in the possession of the applicant at the time of issuance, and is intended to allow pet owners to possess animals beyond the limits otherwise imposed by WMC 21.31.020 until such a time as the death or transfer of the animals reduces the number possessed to the legal limit set forth in WMC 21.31.020.

(7) The manager of the regional animal services section may deny any application for a special hobby kennel license:

(a) Based on past animal care and control code violations by the applicant’s dogs and cats or verified complaints from neighbors regarding the applicant’s dogs and cats; or

(b) If the animal or animals are maintained in inhumane conditions.

(8) The manager of the regional animal services section may authorize hobby kennels, hobby catteries and special hobby kennels to exceed the maximum number of dogs and cats otherwise allowed under this section where necessary to address an emergency proclaimed by the executive in accordance with King County Code Section 12.52.030. (Ord. 658 § 2 (Att. A), 2021)

6.02.060 Animal shelters, kennels, hobby kennels, catteries, hobby catteries or pet shops – Reporting required.

Each animal shelter, kennel, hobby kennel, cattery, hobby cattery or pet shop shall provide the regional animal services section with a monthly list of all dogs and cats that it has given away or sold. The list shall include the origin, age, sex, color, breed, altered status and, if applicable, microchip number and license number of each dog or cat given away or sold and the new owner’s name, address and, if available, email address and telephone number. (Ord. 658 § 2 (Att. A), 2021)

6.02.070 Animal shelters, kennels, catteries, grooming services or pet shops – Inspections – Unsanitary conditions unlawful.

(1) It shall be the duty of the director of the Seattle-King County Department of Public Health or the director’s agent or the manager of the regional animal services section or the manager’s agent to make or cause to be made such an inspection as may be necessary to determine compliance with WMC 6.02.080, 6.02.090 and 6.02.100. The owner or keeper of an animal shelter, kennel, cattery, grooming service or pet shop shall admit to the premises, for the purpose of making an inspection, any officer, agent or employee of the Seattle-King County Department of Public Health or animal care and control authority at any reasonable time that admission is requested.

(2) It is unlawful to keep, use or maintain within the City of Woodinville any animal shelter, kennel, cattery, grooming service or pet shop that is unsanitary, nauseous, foul or offensive, or in any way detrimental to public health or safety and not in compliance with WMC 6.02.070, 6.02.080, 6.02.090 or 6.02.100. (Ord. 658 § 2 (Att. A), 2021)

6.02.080 Animal shelters, kennels, grooming services, catteries and pet shops – Conditions.

(1) Animal shelters, kennels, catteries, grooming services and pet shops shall meet the following conditions:

(a) Housing facilities shall be provided 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.

(b) Electric power shall be supplied in conformance with City, County, 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.

(c) 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.

(d) 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.

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

(f) 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 keep from contaminating well animals.

(g) There shall be an employee on duty at all times during hours any store is open whose responsibility shall be the care and welfare of the animals in that shop or department held for sale or display.

(h) An employee or owner shall come in and feed, water and do the necessary cleaning of animals and birds on days the store or shop is closed.

(i) No person, persons, association, firm or corporation shall knowingly sell a sick or injured animal or bird.

(j) No person, persons, association, firm or corporation shall misrepresent an animal or bird to a consumer in any way. (Ord. 658 § 2 (Att. A), 2021)

6.02.090 Animal shelters, kennels, grooming services, catteries and pet shops – Indoor facilities.

Animal shelters, kennels 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 location 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 County 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. (Ord. 658 § 2 (Att. A), 2021)

6.02.100 Animal shelters, kennels, catteries and pet shops – Outdoor facilities.

Animal shelters, kennels, 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. (Ord. 658 § 2 (Att. A), 2021)

6.02.110 Grooming parlors – Conditions.

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

(8) Hot and cold water must be conveniently available, and a large sink or tub provided (minimum size 24 inches by 18 inches by 12 inches);

(9) Toilet and handwashing facilities with hot and cold running water must be conveniently available for personnel employed;

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

(11) All cages, pens, or kennels used for holding animals shall be kept in a clean and sanitary condition and must be disinfected on a routine basis. (Ord. 658 § 2 (Att. A), 2021)

6.02.120 Animal shelters, hobby kennels, kennels, pet shops, grooming parlors, guard dog purveyors, guard dog trainers and guard dog owners – Additional conditions.

The manager of the regional animal services section is authorized to promulgate rules and regulations not in conflict with King County Code as they pertain to the conditions and operations of animal shelters, hobby kennels, kennels, hobby catteries, catteries, pet shops and grooming parlors, guard dog purveyors, guard dog trainers and guard dog owners. The rules and regulations may be enacted only after a public hearing has been held regarding the rules and regulations. Enforcement of these rules and regulations may be appealed to the office of the hearing examiner. (Ord. 658 § 2 (Att. A), 2021)

6.02.130 Licenses, registration – Revocation, suspension or refusal to renew.

The regional animal services section may, in addition to other penalties provided in this title, revoke, suspend or refuse to renew any hobby kennel, hobby cattery, guard dog purveyor, guard dog trainer license or guard dog registration upon good cause or for failure to comply with any provision of this title. Enforcement of such a revocation, suspension or refusal shall be stayed during the pendency of an appeal filed in accordance with WMC 6.02.270. (Ord. 658 § 2 (Att. A), 2021)

6.02.140 Licenses, registration – Revocation or refusal waiting period.

If an applicant has had a license or registration revoked or a renewal refused, the applicant shall not be issued a hobby kennel license, hobby cattery license, guard dog purveyor license, guard dog trainer license or guard dog registration for one year after the revocation and refusal. (Ord. 658 § 2 (Att. A), 2021)

6.02.150 Enforcement power.

(1) The manager of the regional animal services section and the animal care and control officers are authorized to take such lawful action as may be required to enforce this title as they pertain to the keeping of animals, and the laws of the State of Washington as the laws pertain to animal cruelty, shelter, welfare and enforcement of control.

(2) The manager of the regional animal services section or animal care and control officers 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) The manager of the regional animal services section and animal care and control officers, while pursuing or observing any animal 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 or observed.

(4) No person shall deny, prevent, obstruct or attempt to deny, prevent or obstruct an animal care and control 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 manager of the regional animal services section or an animal care and control officer to enter private property to perform any duty imposed by this chapter. Any person violating this subsection is guilty of a misdemeanor. (Ord. 658 § 2 (Att. A), 2021)

6.02.160 Violations – Deemed nuisance – Abatement.

All violations of this chapter are detrimental to the public health, safety and welfare and are public nuisances. All conditions that are determined after review by the manager of the regional animal services section to be in violation of this chapter shall be abated. (Ord. 658 § 2 (Att. A), 2021)

6.02.170 Violations – Misdemeanor – Penalty.

Any person who allows an animal to be maintained in violation of this chapter is guilty of a misdemeanor punishable by fine of not more than $250.00 and/or imprisonment for a term not to exceed 90 days. (Ord. 658 § 2 (Att. A), 2021)

6.02.180 Violations – Civil penalty.

In addition to or as an alternative to any other penalty provided in this chapter or by law, any person whose animal is maintained in violation of this chapter shall incur a civil penalty in an amount not to exceed $1,000 per violation to be directly assessed by the manager of the animal care and control authority plus billable costs of the animal care and control authority. The manager, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the nature and type of violation; the gravity of the violation; the number of past and present violations committed; and the good faith of the violator in attempting to achieve compliance with prescribed requirements or after notification of a violation. All civil penalties assessed shall be enforced and collected in accordance with the procedure specified in this chapter. (Ord. 658 § 2 (Att. A), 2021)

6.02.190 Impounding.

(1) The manager of the regional animal services section and the manager’s authorized representatives may apprehend any animals found doing any of the acts defined as a public nuisance or being subjected to cruel treatment as defined by law. After the animal is apprehended, the regional animal services section shall ascertain whether the animal is licensed or otherwise identifiable. If reasonably possible, the regional animal services section shall return the animal to the owner together with a notice of violation of this chapter.

(a) If it is not reasonably possible to immediately return a currently licensed animal to its owner, the regional animal services section shall notify the owner within a reasonable time by regular mail or telephone that the animal has been impounded and may be redeemed. Any currently licensed animal impounded in accordance with this chapter shall be held for the owner at least 120 hours after telephone contact by the impounding agency or for at least two weeks after posting of the notification of impoundment by regular mail.

(b) Any other animal impounded in accordance with this chapter shall be held for its owner at least 72 hours from the time of impoundment.

(d) At the discretion of the impounding authority, any animal may be held for a longer period than otherwise specified in this section and redeemed by any person on payment of charges not exceeding those prescribed in this chapter.

(2) Any animal not redeemed shall be treated in one of the following ways:

(a) Made available for adoption at the fee provided in King County Code Section 11.04.035.

(i) As provided in WMC 6.02.340, all dogs and cats adopted from the King County animal shelter shall be spayed or neutered before adoption, except that persons adopting a juvenile may elect not to spay or neuter the animal at the time of adoption if such persons purchase a juvenile license and prepurchase an adult altered license, effective the month that the animal would become six months of age. Such persons shall also pay a spay or neuter deposit that shall be returned to the adopting person upon submission of proof that the sterilization was performed within six months from the adoption. Failure to spay or neuter such a dog or cat is a violation of this chapter and a breach of the adoption contract and shall result in the forfeiture of the adoption and return of the dog or cat to King County animal care and control for the required spaying or neutering. Persons adopting a juvenile dog or cat that is spayed or neutered may purchase an adult altered license at the time of adoption, effective for one year.

(ii) The manager of the regional animal services section may adopt administrative rules regarding the adoption of animals from King County shelters;

(b) Transferred to another animal welfare organization for adoption;

(d) Euthanized.

(3) The County shall not sell any animals for the purposes of medical research to any research institute or any other purchasers.

(4) Any unaltered dog or cat impounded more than once shall be spayed or neutered:

(a) By the regional animal services before the release of the dog or cat; or

(b) At the request of the owner, after release of the dog or cat to the owner, but only if the owner agrees to pay a cash deposit of $250.00 and provides proof of neutering or spaying on a form provided by the County. In order for the deposit to be refunded to the owner the form must be certified by a licensed veterinarian within 10 days of release of the dog or cat to the owner. If proof of neutering or spaying is not provided within 10 days, the regional animal services section may again impound the dog or cat to verify that it is spayed or neutered. If the animal is not spayed or neutered, the regional animal services section may spay or neuter the animal before it is released to the owner.

(5) If the dog or cat is spayed or neutered by the regional animal services section, the cost of the spay or neuter shall be charged to the owner upon redemption but shall be deducted from the impound and redemption fees otherwise required under this chapter. (Ord. 658 § 2 (Att. A), 2021)

6.02.200 Additional enforcement.

Notwithstanding the existence or use of any other remedy, the manager of the regional animal services section may seek legal or equitable relief to enjoin acts or practices and abate any conditions that constitute a violation of this chapter or other regulations adopted under this chapter. (Ord. 658 § 2 (Att. A), 2021)

6.02.210 Additional enforcement – Cruelty to animals.

(1) The manager of the animal care and control authority may prohibit a person who is issued a notice and order for violation of WMC 6.02.250 or who is either charged or convicted of animal cruelty under either RCW 16.52.205 or 16.52.207 from owning, harboring, keeping or maintaining any animal if the manager determines that the enforcement furthers the purposes of this chapter, in accordance with the following. A person may be prohibited from owning, harboring, keeping or maintaining any animal:

(a) For up to four years if the person is found in violation of the animal cruelty provisions of WMC 6.02.250 or convicted of a misdemeanor under RCW 16.52.207;

(b) Indefinitely, if the person is convicted of a felony under RCW 16.52.205; or

(c) Pending the final adjudication of either a notice and order issued under WMC 6.02.250 or a charge under RCW 16.52.205 or 16.52.207.

(2) The director or authorized animal care and control officer may enforce this section through the notice and order process in WMC 6.02.260. A notice and order issued to enforce this section is subject to appeal, in accordance with WMC 6.02.270. (Ord. 658 § 2 (Att. A), 2021)

6.02.220 Nuisances defined.

For purposes of this chapter, nuisances are violations of this chapter and shall be defined as follows:

(1) Any public nuisance relating to animal care and control known at common law or in equity jurisprudence;

(2) A dog running at large within the County;

(3) Any domesticated animal, whether licensed or not, that runs at large in any park or enters any public beach, pond, fountain or stream or upon any public playground or school ground. However, this subsection shall not prohibit a person from walking or exercising an animal in a public park or on any public beach when the animal is on a leash, tether or chain not to exceed eight feet in length. Also, this subsection shall not apply to any person using a trained service animal, to animal shows, exhibitions or organized dog-training classes if at least 24 hours’ advance notice has been given to the animal care and control authority by those persons requesting to hold the animal shows, exhibitions or organized dog-training classes;

(4) Any domesticated animal that enters any place where food is stored, prepared, served or sold to the public, or any other public building or hall. However, this subsection shall not apply to any person using a trained service animal, to veterinary offices or hospitals or to animal shows, exhibitions or organized dog-training classes if at least 24 hours’ advance notice has been given to the animal care and control authority by the persons requesting to hold the animal shows, exhibitions or organized dog-training classes;

(5) Any female domesticated animal, whether licensed or not, while in heat and accessible to other animals for purposes other than controlled and planned breeding;

(6) Any domesticated animal that chases, runs after or jumps at vehicles using the public streets and alleys;

(7) Any domesticated animal that habitually snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets, alleys or other public ways;

(8) Any animal that has exhibited vicious propensities and constitutes a danger to the safety of persons or property off the animal’s premises or lawfully on the animal’s premises. However, in addition to other remedies and penalties, the provisions of this chapter relating to vicious animals shall apply;

(9) Any vicious animal or animal with vicious propensities that runs at large at any time is off the owner’s premises not securely leashed on a line or confined and in the control of a person of suitable age and discretion to control or restrain the animal. However, in addition to other remedies and penalties, the provisions of this chapter relating to vicious animals shall apply;

(10) Any animal that howls, yelps, whines, barks or makes other oral noises to an unreasonable degree, in such a manner as to disturb a person or neighborhood;

(11) Any domesticated animal that enters upon a person’s property without the permission of that person;

(12) Animals staked, tethered or kept on public property without prior written consent of the animal care and control authority;

(13) Animals on any public property not under control by the owner or other competent person;

(14) Animals harbored, kept or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian; and

(15) Animals running in packs. (Ord. 658 § 2 (Att. A), 2021)

6.02.230 Transfer of unaltered dogs and cats prohibited.

It is a violation of this chapter to sell or give away unaltered dogs and cats in any public places or to auction off or raffle unaltered dogs and cats as prizes or gifts. (Ord. 658 § 2 (Att. A), 2021)

6.02.240 Unlawful acts against police department dogs – Penalty for violation.

(1) No person shall willfully torment, torture, beat, kick, strike or harass any dog used by a police department for police work, or otherwise interfere with the use of any such dog for police work by said department or its officers or members.

(2) Any person who violates subsection (1) of this section shall be deemed guilty of a misdemeanor, punishable by not more than 90 days in jail or not more than $250.00 fine, or both. (Ord. 658 § 2 (Att. A), 2021)

6.02.250 Violations – Unlawful acts – Cruelty to animals – Database.

(1) It is unlawful for any person to:

(a) Willfully and cruelly injure or kill any animal by any means causing it fright or pain;

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

(c) Lay out or expose any kind of poison, or to leave exposed any poison food or drink for humans, animals or fowl, or any substance or fluid whatever whereon or wherein there is or shall be deposited or mingled, any kind of poison or deadly substance or fluid whatever, on any premises, or in any unenclosed place, or to aid or abet any person in so doing, unless in accordance with RCW 16.52.190; and

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

(2) The regional animal services section shall keep a database containing the names of all persons who are either found in violation of this section or charged or convicted of animal cruelty under either RCW 16.52.205 or 16.52.207. Further, the regional animal services section shall coordinate with law enforcement, when necessary, to keep this database current. (Ord. 658 § 2 (Att. A), 2021)

6.02.260 Violations – Notice and order.

(1) Whenever the manager of the regional animal services section or animal care and control officer has found an animal maintained in violation of this chapter, the manager of the regional animal services section shall commence proceedings to cause the abatement of each violation.

(2) The manager of the regional animal services section or animal care and control officer shall issue a notice of violation and an order directed to the owner or the person presumed to be the owner of the animal maintained in violation of this chapter. The notice and order shall contain:

(a) The name and address if known of the owner or person presumed to be the owner of the animal in violation of this chapter;

(b) The license number, if available, and description of the animal in violation sufficient for identification;

(c) A statement to the effect that the manager or animal care and control officer has found the animal maintained illegally with a brief and concise description of the conditions which caused the animal to be in violation of this chapter, including reference to the specific sections of code or statute violated and, where relevant, reference to the specific sections of code or statute authorizing removal of the animal;

(d) A statement of the action required to be taken to abate the violation, as determined by the manager of the regional animal services section.

(i) If the manager has determined the animal in violation must be disposed of, the order shall require that the abatement be completed within a specified time from the order as determined by the manager to be reasonable;

(ii) If the manager of the regional animal services section determined to assess a civil penalty, the order shall require that the penalty shall be paid within 14 days from the order;

(e) Statements advising that if any required abatement is not commenced within the time specified, the manager of the regional animal services section shall proceed to cause abatement and charge the costs thereof against the owner; and

(f) Statements advising that:

(i) A person having a legal interest in the animal may appeal from the notice of violation and order or any action of the manager of the regional animal services section to the office of the hearing examiner by filing an appeal with the section in accordance with King County Code Section 20.22.080; and

(ii) Failure to appeal constitutes a waiver of all right to an administrative hearing and determination of the matter.

(3) The notice and order shall be served on the owner or presumed owner of the animal in violation.

(4) Service of the notice of violation and order shall be made upon all persons entitled thereto:

(a) Personally;

(b) By mailing a copy of the notice of violation and order by certified mail, postage prepaid, return receipt requested, to the person at the person’s last known address; or

(c) By posting the notice of violation and order on the front door of the living unit of the owner or person with right to control the animal if the owner or person is not home.

(5) Proof of service of the notice of violation and order shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. (Ord. 658 § 2 (Att. A), 2021)

6.02.270 Appeals.

The office of the hearing examiner is designated to hear appeals by parties aggrieved by actions of the manager of the regional animal services section under this chapter. The examiner may adopt reasonable rules or regulations for conducting its business. Copies of all rules and regulations adopted by the examiner shall be delivered to the manager of the regional animal services section, who shall make them freely accessible to the public. All examiner decisions and findings shall be rendered to the appellant in writing with a copy to the manager of the regional animal services section. (Ord. 658 § 2 (Att. A), 2021)

6.02.280 Redemption procedures.

Any animal impounded pursuant to the provisions of WMC 6.02.190 may be redeemed upon payment of the redemption fee as provided in King County Code Section 11.04.035. Owners of impounded licensed dogs or cats shall not be charged a redemption fee on the first offense but shall be charged on the second offense at the second offense rate. An additional kenneling fee for each 24-hour period, or portion thereof, during which such dog or cat is retained by the impounding agency shall be made payable to the County. The redemption fee for livestock shall be as provided in King County Code Section 11.04.035 plus any hauling and boarding costs due. Livestock not redeemed may be sold at public auction by the impounding agency. The hauling and boarding costs for livestock impounded shall be in accordance with the rate established by contract between the County and the given stock yard used for holding such animal. (Ord. 658 § 2 (Att. A), 2021)

6.02.290 Vicious animals – Corrective action.

(1) An animal, declared by the manager of the regional animal services section to be vicious, may be harbored, kept or maintained in the City of Woodinville only upon compliance with those requirements prescribed by the manager. In prescribing the requirements, the manager must take into consideration the following factors:

(a) The breed of the animal and its characteristics;

(b) The physical size of the animal;

(d) The zoning involved, size of the lot where the animal resides and the number and proximity of neighbors;

(e) The existing control factors, including, but not limited to, fencing, caging, runs and staking locations; and

(f) The nature of the behavior giving rise to the manager’s determination that the animal is vicious, including:

(i) Extent of injury or injuries;

(ii) Circumstance, such as time of day, if it was on or off the property and provocation instinct; and

(iii) Circumstances surrounding the result and complaint, such as neighborhood disputes, identification, credibility of complainants and witnesses.

(2) Requirements that may be prescribed include, but are not limited to, the following:

(a) Erection of additional or new fencing adequate to keep the animal within the confines of its property;

(b) Construction of a run within which the animal is to be kept. Dimensions of the run shall be consistent with the size of the animal;

(c) Keeping the animal on a leash adequate to control the animal, the length and location to be determined by the manager. When unattended the leash must be securely fastened to a secure object;

(d) Maintenance of the animal indoors at all times, except when personally controlled on a leash adequate to control the animal by the owner or a competent person at least 15 years old; and

(e) Removal of the animal from the County within 48 hours from receipt of such a notice.

(3) Failure to comply with any requirement prescribed by the manager in accordance with this section constitutes a misdemeanor. Such an animal shall not be kept in the City after 48 hours after receiving written notice from the manager. Such an animal or animals found in violation of this section shall be impounded and disposed of as an unredeemed animal and the owner or keeper of the animal or animals has no right to redeem the animal or animals.

(4) Any animal constituting a public nuisance as provided in this chapter shall be abated and removed from the County by the owner or by the manager of the regional animal services section, upon the receipt of three notices and orders of violation by the owner in any one-year period, though this removal procedure shall not apply to the vicious animal removal procedure set out in subsection (3) of this section. Where it is established by record in accordance with this chapter and no finding was entered showing that the owner will be able to provide reasonable restraints to protect the public from repetitions of violations, the manager of the regional animal services section shall notify and direct the owner of the animal to abate or remove the same from the County within 96 hours from the notice. If the animal is found to be within the confines of the City after 96 hours have elapsed from the notice, the same shall be abated and removed by the manager of the regional animal services section. Animals removed in accordance with this section shall be removed from the City or be subjected to euthanasia by the regional animal services section.

(5) Any animal that bites, attacks or attempts to bite one or more persons two or more times within a two-year period is declared to be a public nuisance and shall not be kept within the City 48 hours after receiving written notice from the manager. Such an animal or animals found in violation of this section shall be impounded and disposed of as an unredeemed animal, and the owner or keeper of the animal or animals has no right to redeem the animal. (Ord. 658 § 2 (Att. A), 2021)

6.02.300 Civil penalty and abatement costs – Liability of owner.

The civil penalty and the cost of abatement are also personal obligations of the animal owner. The prosecuting attorney on behalf of King County may collect the civil penalty and the abatement work costs by use of all appropriate legal remedies. (Ord. 658 § 2 (Att. A), 2021)

6.02.310 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 interest and a reasonable attorney’s fee. The prosecuting attorney shall seek such costs, interest, and reasonable attorney’s fees on behalf of King County when the County is the prevailing party. (Ord. 658 § 2 (Att. A), 2021)

6.02.320 Additional rules and regulations.

The regional animal services section is authorized to make and enforce rules and regulations, not inconsistent with the provisions of this chapter, and it is unlawful to violate or fail to comply with any of such rules and regulations. All of such rules and regulations shall be reduced to writing and adopted in accordance with Chapter 2.98 of the King County Code. (Ord. 658 § 2 (Att. A), 2021)

6.02.330 Waiver of fees and penalties.

(1) The manager of the regional animal services section may waive or provide periods of amnesty for payment of outstanding licensing fees, late licensing penalty fees, adoption fees and redemption and sheltering fees, in whole or in part, when to do so would further the goals of the regional animal services section and be in the public interest.

(2) In determining whether a waiver should apply, the manager of the regional animal services section must take into consideration the following elements:

(a) The reason the animal was impounded;

(b) The reason or basis for the violation, the nature of the violation, the duration of the violation and the likelihood the violation will not recur;

(d) The effect on the owner, the animal’s welfare and the regional animal services section if the fee or fees or penalties are not waived, and no payment is received. (Ord. 658 § 2 (Att. A), 2021)

6.02.340 Mandatory spaying and neutering.

(1) No person shall own or harbor any cat or dog over the age of six months that has not been spayed or neutered unless the person holds an unaltered animal license for the animal pursuant to WMC 6.02.030.

(2) Guide dog puppies in training and police service dogs are exempted from the provisions of this section.

(3) Any dog or cat over the age of six months adopted from an animal shelter in King County shall be spayed or neutered before transfer to the owner. (Ord. 658 § 2 (Att. A), 2021)

6.02.350 Spay or neuter vouchers.

When issuing a license for an unaltered pet the regional animal services section may provide to the applicant a voucher for the payment of all or part of the cost of a spay or neuter operation by a licensed veterinarian on the pet, with the amount of the voucher established by the manager of regional animal services based upon available resources and appropriation authority being provided by the Council. The regional animal services section shall compile, maintain and make available to the public a list of veterinarians who accept the vouchers as full or partial payment for spay or neuter operations. Spay or neuter vouchers shall be redeemed through the King County treasury by veterinarians who have performed a spay or neuter operation on a pet licensed in the City as an unaltered pet. (Ord. 658 § 2 (Att. A), 2021)

6.02.360 Euthanasia rate targets.

King County is responsible for setting euthanasia rates per their adopted ordinances. (Ord. 658 § 2 (Att. A), 2021)

6.02.370 Unaltered dogs and cats – Advertising requirements.

No person in the City shall publish or advertise to Woodinville residents the availability of any unaltered cat or dog unless the publication or advertisement includes the unaltered animal’s license number or the animal’s juvenile license number; provided, however, that nothing in this chapter shall prohibit licensed breeders from advertising in national publications for sale of a planned litter or litters. (Ord. 658 § 2 (Att. A), 2021)

6.02.380 Rabies vaccination required.

All dogs and cats six months of age or older shall be vaccinated against rabies. All vaccinations shall be performed in accordance with the standards contained in the Compendium of Animal Rabies Control as amended, published by the National Association of State Public Health Veterinarians, Inc. (Ord. 658 § 2 (Att. A), 2021)

6.02.390 Exemptions from chapter.

The provisions of this chapter shall not apply to dogs and cats in the custody of an animal facility registered or licensed by the United States Department of Agriculture and regulated by 7 U.S.C. Section 2131, et seq. (Ord. 658 § 2 (Att. A), 2021)

6.02.400 Unauthorized release of animals from confinement.

No person other than the owner or person authorized by the owner of the animal shall release any animal from any confinement, vehicle or restraint unless the release is necessary for the immediate health and safety of the animal, though this section shall not apply to peace officers and animal care and control or humane officers. (Ord. 658 § 2 (Att. A), 2021)