Title 11 - ANIMAL CONTROL (2024)

Title 11

ANIMAL CARE AND CONTROL

UPDATED: August 3, 2023

Chapters:

11.01 DEFINITIONS

11.02 REGIONAL ANIMAL SERVICES SECTION

11.04 ANIMAL CARE AND CONTROL REGULATIONS

Sections:

11.01.010 Applicationof chapter.

11.01.020 Abate.

11.01.030 Adequatecare.

11.01.040 Altered.

11.01.050 Animal.

11.01.060 Animalcare and control authority.

11.01.070 Animalcare and control officer.

11.01.080 Animalshelter.

11.01.090 Atlarge.

11.01.100 Companionanimal.

11.01.110 Competentperson.

11.01.120 Dangerousanimal.

11.01.130 Director.

11.01.140 Domesticatedanimal.

11.01.150 Euthanasia.

11.01.160 Exoticanimal.

11.01.170 Feral.

11.01.180 Groomingservice.

11.01.190 Harbor,keep, or maintain.

11.01.200 Hobbycattery.

11.01.210 Hobbykennel.

11.01.220 Juvenile.

11.01.230 KingCounty.

11.01.240 Livestock.

11.01.250 Mammal.

11.01.260 Manager.

11.01.270 Muzzle.

11.01.280 Owner.

11.01.290 Pack.

11.01.300 Person.

11.01.310 Pet.

11.01.320 Potentiallydangerous animal.

11.01.330 Premises.

11.01.340 Properenclosure.

11.01.350 Provocationor provoke.

11.01.360 Serviceor assistive animal.

11.01.370 Severeinjury.

11.01.380 Undercontrol.

11.01.390 Vicious.

11.01.400 Warningsign.

11.01.010Application of chapter. The definitions in this chapterapply throughout this title unless the context clearly requires otherwise.(Ord. 19638 § 2, 2023).

11.01.020 Abate. "Abate"means to terminate or remedy any violation by reasonable and lawful meansdetermined by the manager. (Ord. 19638 § 3, 2023).

11.01.030 Adequate care. "Adequatecare" means providing to an animal:

A. Species-appropriate food or feed and waterthat is easily accessible to the animal and of sufficient quantity and qualityto sustain the animal in good health;

B. A structure that:

1. Is sufficient to protect the animal fromwind, rain, snow, cold, heat, or sun;

2. Has bedding to permit the animal toremain dry, reasonably clean, and free of excess feces and to maintain a normalbody temperature, and that allows the animal to turn around freely, sit, stand,and lie without restriction; and

3. Does not injure, disfigure or physicallyimpair the animal; and

C. Adequate veterinary medical care. (Ord. 19638§ 4, 2023).

11.01.040 Altered. "Altered"means spayed or neutered. (Ord. 19638 § 5, 2023).

11.01.050 Animal. "Animal"means any living amphibian, bird, fish, reptile or mammal, except a human.(Ord. 19638 § 6, 2023).

11.01.060 Animal care and control authority. "Animalcare and control authority" means the regional animal services section of therecords and licensing services division, acting alone or in concert with othermunicipalities, to enforce animal care and control laws and for the shelter andwelfare of animals. (Ord. 19638 § 7, 2023).

11.01.070 Animal care and control officer. "Animalcare and control officer" means any individual employed, contracted, orappointed by the animal care and control authority to aide in enforcing thistitle or any other law or ordinance relating to the care and licensing ofanimals, control of animals, or seizure and impoundment of animals."Animal care and control officer" includes any state or municipalpeace officer, sheriff, or other employee whose duties in whole or in partinclude assignments that involve the seizure and taking into custody of anyanimal. (Ord. 19638 § 8, 2023).

11.01.080 Animal shelter. "Animalshelter" means a facility used to house or contain stray, homeless,abandoned, or unwanted animals, and that is owned, operated, or maintained by apublic body, an established humane society, animal welfare society, society forthe prevention of cruelty to animals, or other nonprofit organization or persondevoted to the welfare, protection, and humane treatment of animals. (Ord. 19638§ 9, 2023).

11.01.090 At large. "Atlarge" means any animal off the premises of its owner and not undercontrol of a competent person. (Ord. 19638 § 10, 2023).

11.01.100 Companion animal. "Companionanimal" means any species of animal commonly kept for companionship,including working dogs and excluding exotic animals. (Ord. 19638 § 11, 2023).

11.01.110 Competent person. "Competentperson" means a person able to sufficiently care for, control, andrestrain a particular animal, and who has the capacity to exercise sound judgmentregarding the rights and safety of others. (Ord. 19638 § 12, 2023).

11.01.120 Dangerous animal.

A. "Dangerous animal" means any animal that:

1. Inflicts severe injury on or causes thedeath of a human being without provocation;

2. Inflicts severe injury on or causes thedeath of a domesticated animal without provocation;

3. Has been previously found to bepotentially dangerous or vicious because of injury inflicted on a human, theowner having received notice of such, and the animal again bites, attacks, orendangers the safety of humans;

4. Enters onto private property without theconsent of the owner or occupant and, regardless of provocation, engages inconduct meeting subsection A.1., A.2., or A.3. of this section; or

5. Jointly engages, with one or moreanimals, in conduct meeting A.1., A.2., A.3., or A.4. of this section, in whichcase all animals may be deemed dangerous, absent an affirmative demonstrationthat a specific animal was not responsible for a qualifying act.

B. An animal shall not be declared a"dangerous animal" if:

1. The threat, injury, or bite alleged tohave been committed by the animal was sustained by a person who was at the timecommitting a willful trespass upon the premises occupied by the owner of theanimal, or who was abusing or assaulting the animal, or who was committing orattempting to commit a crime. This exclusion does not apply to actions takenin defense of oneself, other humans, animals, or property; or

2. The animal has not been previously foundto be potentially dangerous, vicious, or dangerous, and the severe injury ordeath is to a domesticated animal other than pets or large livestock. (Ord. 19638§ 13, 2023).

11.01.130 Director. "Director"means the director of public health - Seattle & King County or designee.However, for the purposes of K.C.C. chapter 11.02, "director" meansthe director of the department of executive services or designee. (Ord. 19638§ 14, 2023).

11.01.140 Domesticated animal. "Domesticatedanimal" means any animal that is a companion animal, a service orassistive animal, livestock, or poultry. (Ord. 19638 § 15, 2023).

11.01.150 Euthanasia. "Euthanasia"means the humane destruction of an animal, accomplished by a method thatinvolves near instantaneous unconsciousness and immediate death or by a methodthat causes painless loss of consciousness and death during the loss of consciousness.(Ord. 19638 § 16, 2023).

11.01.160 Exotic animal. "Exoticanimal" means any of the following:

A. Species of snakes capable of inflictingserious physical harm or death to human beings;

B. Nonhuman primates and prosimians;

C. Bears;

D. Nondomesticated species of felines;

E. Nondomesticated species of canines andtheir hybrids, including wolf and coyote hybrids; and

F. Any species within the order Crocodylia,including but not limited to alligators, crocodiles, caimans, and gavials.(Ord. 19638 § 17, 2023).

11.01.170 Feral. "Feral"means any animal belonging to a species typically domesticated that lives andbehaves like a wild animal. (Ord. 19638 § 18, 2023).

11.01.180 Grooming service. "Groomingservice" means any public or private place or establishment where animalsare bathed, clipped, or combed to enhance either their aesthetic value orhealth, or both, for a fee. (Ord. 19638 § 19, 2023).

11.01.190 Harbor, keep, or maintain. "Harbor,keep, or maintain" means:

A. Providing animal care, shelter, protection,refuge, food, or nourishment; or

B. Having custody of an animal. (Ord. 19638 §20, 2023).

11.01.200 Hobby cattery. "Hobbycattery" means a noncommercial cattery at or adjoining a private residencewhere four or more nonjuvenile cats are bred or kept for exhibition or forenjoyment. (Ord. 19638 § 21, 2023).

11.01.210 Hobby kennel. "Hobbykennel" means a noncommercial kennel at or adjoining a private residencewhere four or more nonjuvenile dogs are bred or kept for any combination ofhunting, training, exhibition, field or obedience trials, working, orenjoyment. (Ord. 19638 § 22, 2023).

11.01.220 Juvenile. "Juvenile"means any dog or cat under six months old. (Ord. 19638 § 23, 2023).

11.01.230 King County. "KingCounty" means the unincorporated area of King County, Washington, and anyjurisdiction that has an interlocal agreement with King County for regionalanimal services. (Ord. 19638 § 24, 2023).

11.01.240 Livestock. "Livestock"has the same meaning as in RCW 16.57.010. (Ord. 19638 § 25, 2023).

11.01.250 Mammal. "Mammal"means any animal of a class of warm-blooded vertebrate animals that nourishtheir young with milk secreted by mammary glands and have skin generallycovered with hair, and includes bats. (Ord. 19638 § 26, 2023).

11.01.260 Manager. "Manager"means the manager of the regional animal services section of the records andlicensing services division, or the manager's designees. (Ord. 19638 § 27, 2023).

11.01.270 Muzzle. "Muzzle"means a device that prevents an animal from biting others and does not causeinjury to the animal nor inhibit its vision, respiration, or panting. (Ord. 19638§ 28, 2023).

11.01.280 Owner. "Owner"means any person who harbors, keeps, maintains, or has control of an animalexcept for individuals or organizations involved with providing care to a feralcat colony, such as trap, neuter, and release programs. (Ord. 19638 § 29, 2023).

11.01.290 Pack. "Pack"means any group of two or more animals running at large. (Ord. 19638 § 30, 2023).

11.01.300 Person. "Person"means any individual, partnership, firm, company, corporation, association, orother legal entity. (Ord. 19638 § 31, 2023).

11.01.310 Pet. "Pet"means any dog or any nonferal cat. (Ord. 19638 § 32, 2023).

11.01.320 Potentially dangerous animal.

A. "Potentially dangerous animal"means any animal that when unprovoked:

1. Bites or inflicts injury on a human ordomesticated animal;

2. Chases or approaches a person upon thestreets, sidewalks, or any public grounds in a menacing fashion or apparentattitude of attack;

3. Has a known propensity, tendency, or dispositionto attack, to cause injury,

or otherwise to threaten the safety of humans or domesticanimals; or

4. Jointly engages, with one or more animalsin conduct meeting subsections A.1., A.2., or A.3., of this section, in whichcase all animals are deemed potentially dangerous, absent an affirmativedemonstration that a specific animal was not responsible for a qualifying act.

B. Regardless of provocation, an animal is a"potentially dangerous animal" if it enters onto private propertywithout the consent of the owner or occupant and bites a human or animal orchases or approaches a person in a menacing fashion or apparent attitude ofattack.

C. An animal shall not be declared a"potentially dangerous animal" if the threat, injury, or bite allegedto have been committed by the animal was sustained by a person who was at thetime committing a willful trespass upon the premises occupied by the owner ofthe animal, or who was abusing or assaulting the animal, or who was committing,or attempting to commit a crime. This exclusion does not apply to actions takenin defense of oneself, other humans, animals, or property. (Ord. 19638 § 33,2023).

11.01.330 Premises. "Premises"means the real property or enclosed space that an animal's owner has a legal orequitable right to occupy, including a dwelling unit. "Premises"does not extend into areas of common ownership or use, such as an apartmentlobby or public transportation. (Ord. 19638 § 34, 2023).

11.01.340 Proper enclosure. "Properenclosure" means, while on its owner's premises, an animal is securelyconfined indoors or in an enclosed and locked pen or structure, suitable toprevent the entry of young children and designed to prevent the animal fromescaping. The pen or structure must fully enclose the animal, consist ofsecure sides, top, and bottom, and provide protection from the elements. (Ord.19638 § 35, 2023).

11.01.350 Provocation or provoke. "Provocation"or "provoke" means to torment, agitate, or harass an animal immediatelybefore the attack, chase, or menacing behavior. "Provocation" or"provoke" does not include actions taken to defend oneself, otherhumans, animals, or property. (Ord. 19638 § 36, 2023).

11.01.360 Service or assistive animal."Service or assistive animal" has the same meaning as inK.C.C. 12.22.020. (Ord. 19638 § 37, 2023).

11.01.370 Severe injury. "Severeinjury" means any physical injury that results in:

A. One or more broken bones;

B. One or more disfiguring lacerations,avulsions, cuts or puncture wounds requiring medical attention, including, butnot limited to, one or more sutures, steri strips or staples;

C. Permanent nerve damage; or

D. Transmittal of an infectious or contagiousdisease. (Ord. 19638 § 38, 2023).

11.01.380 Under control. "Undercontrol" means a domesticated animal is restrained, by a human using aleash or competent and effective voice or signal control, from approaching anybystander or other domesticated animal and from causing property damage. (Ord.19638 § 39, 2023).

11.01.390 Vicious. "Vicious"means having performed the act of, or having the propensity to do any act,endangering the safety of any human, animal, or property of another, including,but not limited to, biting a human being, or attacking a human being ordomesticated animal without provocation. (Ord. 19638 § 40, 2023).

11.01.400 Warning sign. "Warningsign" means a conspicuously displayed sign containing clearly visiblewords, along with a symbol informing those who are incapable of reading,warning of a potentially dangerous or dangerous animal on the property. (Ord.19638 § 41, 2023).

Sections:

11.02.010 Established.

11.02.020 Manager- established - compensation.

11.02.030 Agreements- authorization.

11.02.040 Agreements- concessions - revenue for regional animal services.

11.02.050 Agreements- advertising, sponsorship, naming rights - for regional animal services programs- restrictions.

11.02.060 Gifts,bequests, and donations - solicitation and acceptance - deposit in animalbequest fund - restrictions.

11.02.070 Rules- adoption and enforcement.

11.02.010 Established. Aregional animal services section is established in the records and licensing servicesdivision. This chapter designates the regional animal services section as theagency authorized to provide animal care services and enforce animal controllaws. (Ord. 19638 § 42, 2023: Ord. 16861 § 7, 2010:Ord. 15971 § 57, 2007: Ord. 15801 § 1, 2007: Ord. 14498 §6, 2002: Ord. 1361 § 4, 1972: Ord. 1269 § 1, 1972).

11.02.020 Manager - established - compensation.Within the regional animal services section, the position of manager isestablished, to be compensated at a rate in accordance with county personnelpolicies. (Ord. 19638 § 43, 2023: Ord. 16861 § 8, 2010: Ord. 15801 § 2,2007: Ord. 14498 § 7, 2002: Ord. 6370 § 1, 1983: Ord. 1269 § 3, 1972).

11.02.030 Agreements - authorization.The county executive is authorized to enter into agreements with publicagencies as defined in chapter 39.34 RCW for animal licensing and enforcementof animal care and control ordinances, and with other legal entities for thepurpose of disposing of animal remains. (Ord. 19638 § 44, 2023: Ord. 15801 §3, 2007: Ord. 6370 § 2, 1983: Ord. 1370 § 1, 1972).

11.02.040 Agreements -concessions - revenue for regional animal services. The director of thedepartment of executive services is authorized to enter into concessionagreements with vendors to sell animal-related products and services at theKing County animal shelter and at other county facilities and events. Therevenue from these concession agreements shall be applied solely to regionalanimal services. (Ord. 16861 § 9,2010).

11.02.050 Agreements -advertising, sponsorship, naming rights - for regional animal services programs- restrictions.

A. The director may negotiateand enter into advertising, sponsorship, and naming rights agreements toprovide financial support for regional animal services programs. Advertising isrestricted to commercial speech.

B. Advertisers andsponsors shall abide by the nondiscrimination requirements of Section 840 ofthe King County Charter and K.C.C. Title 12. Furthermore, an advertising,sponsorship or naming rights agreement may not result in advertisem*nt ofspirits or tobacco products in accordance with K.C.C. chapter 12.51.

C. The director mayimpose additional subject-matter restrictions on advertising, sponsorship andnaming rights agreements consistent with applicable law.

D. Revenue generated fromadvertising, sponsorships and naming rights agreements entered into under thissection must be applied solely to regional animal services. (Ord. 19638 § 45,2023: Ord. 16861 § 11, 2010).

11.02.060 Gifts,bequests, and donations - solicitation and acceptance - deposit in animalbequest fund - restrictions.

A. Consistent with K.C.C.chapter 3.04, the executive, the director, the manager of the records andlicensing services division, the manager, the council and councilmembers andstaff who report directly to those officers or officials and who do so at thoseofficers' or officials' direction, may solicit and accept from the generalpublic and business communities and all other persons, gifts, bequests, anddonations to the county in support of regional animal services.

B. All gifts, bequestsand donations of money to the county for regional animal services must bedeposited and credited to the animal bequest fund created under K.C.C. 4A.200.130.

C. The director shallassure that expenditures from gifts, bequests, or donations are consistent withthe terms, if any, requested by their grantors. (Ord. 19638 § 46, 2023: Ord.16861 § 10, 2010).

11.02.070 Rules - adoption and enforcement. Themanager may adopt and enforce rules under the procedures specified in K.C.C.chapter 2.98 that are consistent with this title. (Ord. 19638 § 47, 2023).

Sections:

I. GENERAL PROVISIONS

11.04.010 Purpose- conflicts with zoning code - intent.

II. LICENSING

11.04.030 Petlicenses and registrations - requirements - exceptions - requirements forveterinarians and shelters that sell or give away pets without licenses.

11.04.035 Licenseand registration fees and penalties.

11.04.060 Hobby kennel or hobby cattery licenses - required -limitations - requirements - issuance and maintenance.

11.04.070 Animalshelters, hobby kennels, hobby catteries, or pet shops - reporting required.

11.04.150 Licenses,registration, permits - hobby kennel or hobby cattery - revocation, suspension,or refusal to renew.

11.04.160 Licenses,registration, permits - hobby kennel or hobby cattery - revocation or refusalwaiting period.

III. ENFORCEMENT, PENALTIES AND PROCEDURES

11.04.170 Enforcementpowers.

11.04.174 Assistancewith enforcement and carrying out BOH chapter 8.04, Rabies.

11.04.180 Violations- deemed public nuisances - abatement.

11.04.200 Violations- civil penalty.

11.04.210 Apprehendingand impounding - retention - redemption.

11.04.220 Additionalenforcement.

11.04.222 Removalof animal from county for repeated notices and orders of violation.

11.04.225 Additionalenforcement - to further purposes of title - animal cruelty.

11.04.232 Stockrestricted area.

11.04.234 Harboring,keeping, or maintenance of exotic animal prohibited - exception - impoundment.

11.04.250 Violations- specified acts or failures to act - impoundment.

11.04.260 Violations- proceedings to abate - notice and order.

11.04.270 Appeals.

11.04.275 Potentiallydangerous animal - designation - requirements and responsibilities of owner -registration - appeal - impoundment.

11.04.285 Dangerousanimal - designation - requirements and responsibilities of owner -registration - inspection - appeal - impoundment.

11.04.295 Aggressiveattacks causing human injury or death - impoundment - removal.

11.04.300 Civilpenalty and abatement costs - liability of owner.

11.04.310 Costsof enforcement action.

11.04.330 Additionalrules and regulations.

11.04.335 Waiver,refund, or amnesty periods for penalties and fees.

11.04.350 Misdemeanors.

11.04.360 Grossmisdemeanors.

IV. MANDATORY SPAYAND NEUTER PROGRAM

11.04.400 Mandatoryalteration - exceptions.

11.04.410 Voucherfor alteration.

V. OTHER PROVISIONS

11.04.500 Euthanasiarate targets.

11.04.510 Unaltereddogs and cats - advertising requirements.

11.04.530 Exemptionsfrom chapter.

11.04.580 Canvassingfor compliance program.

11.04.595 Severability.

I. GENERALPROVISIONS

11.04.010 Purpose - conflicts with zoningcode - intent.

A. It is declared the public policy of thecounty to secure and maintain levels of animal care and control that protectanimal and human health and safety, and to the greatest degree practicable,prevent injury to property, protect the general public, and safeguard againstcruelty and neglect of animal life. To this end, this chapter's purpose is toprovide a means of caring for animals, licensing pets, hobby kennels, hobbycatteries, and related facilities[,]* and to keep errant animal behavior frombecoming a public nuisance or public health risk, and to prevent cruelty toanimals.

B. If there is a conflict between anapplicable zoning code provision, the zoning code provision controls.

C.This title's intent is to protect the health, safety, and welfare of thegeneral public and are not intended to protect any particular class ofindividuals or organizations. (Ord. 19638 § 48, 2023: Ord. 16861 § 12, 2010:Ord. 15801 § 4, 2007: Ord. 13148 § 1, 1998: Ord. 1396 Art. I § 2, 1972).

*Reviser’s note: Language added but not underlined inOrdinance 19638. See K.C.C. 1.24.075.

II. LICENSING

11.04.030 Petlicenses and registrations - requirements - exceptions - requirements forveterinarians and shelters that sell or give away pets without licenses.

A. Any ownerof a pet eight weeks old and older in King County for more than thirty daysshall license and register that pet, but this provision does not apply to a petwalker, sitter, or other temporary custodian, if that person can verify the petowner's name and contact information. The license must be renewed on or beforethe date of expiration.

B.1. Uponapplication and the payment of a license fee to the King County treasuryaccording to the schedule provided in K.C.C. 11.04.035, the manager shall issuepet licenses . Shelters, veterinarians, pet shops, hobby kennels, hobbycatteries, and other approved locations, under contract with the county, mayissue pet licenses.

2. Petlicenses are valid for one year from issuance, expiring on the last day of thetwelfth month. There is no proration of any license fees. Renewal licensesretain the original expiration period whether renewed before, on or after theirrespective renewal months.

3. Juvenilelicenses may be obtained in lieu of an unaltered pet license for pets fromeight weeks to six months old.

4. KingCounty residents sixty-five years old or older may purchase a discounted petlicense for their altered pets maintained at the registered owner's registeredaddress. However, residents sixty-five years old or older who previouslyobtained a special permanent license for their pet or pets are not be requiredto purchase a new license for their permanently licensed animals.

5. Residents withdisabilities who meet the eligibility requirements for a regional reduced farepermit, authorized in K.C.C. 28.94.255, may purchase a discounted pet licensefor their altered pets maintained at the registered owner's registered address.

6. Applications for apet license must be on forms provided by the regionalanimal services section.

7. Licensetags must be worn by dogs at all times. Notwithstanding the requirement forlicense tags, as an alternative to a license tag, a currently licensed pet maybe implanted with a microchip registered with the regional animal services section.

8. Pet ownersof who hold valid licenses from other jurisdictions and who move into KingCounty may transfer the license, subject to by paying a transfer fee. The licenseremains valid through the original license's expiration date or for twelvemonths after the license was issued by the other jurisdiction, whichever periodis shorter.

9. It is aviolation of this title for any person to sell or transfer ownership of any petthat does not have a pet license. Any person selling or transferring a petshall notify the regional animal services sectionof the name, address, and telephone number of the new owner within thirty daysfollowing the sale or transfer.

10. It isa violation of this title to falsely represent a pet as altered or nonaltered.

11. Petowners are subject to the penalty set in K.C.C. 11.04.035 for failure to complywith the licensing requirement in subsection A. of this section.

C. The late feeset in K.C.C. 11.04.035 shall be charged for any pet license not obtainedwithin thirty days of ownership or not renewed before expiration. The late feeis in addition to any other penalties that might apply.

D. All feesand fines collected under this chapter must be deposited in the general fund tobe applied solely to regional animal services. The records and licensingservices division is authorized to accept credit and bank card payments forfees and penalties imposed under this title, in accordance with K.C.C. chapter4.100.

E. A personmay not [issue]* a check [for which funds are insufficient]** or stop paymenton any check written in payment of any fees or penalties imposed under this title.Any license issued or penalty paid under those circ*mstances is invalid; and inthe case of the penalty, still outstanding. Costs incurred by the county incollecting any moneys owing as a result of an unpayable check are considered acost of abatement and are the personal obligation of the animal owner underK.C.C. 11.04.300.

F. Exceptfor subsection G. of this section, this section does not apply to pets in thecustody of a veterinarian or shelter or to pets that are temporarily within thecounty for fewer than thirty days.

G.Veterinarians and shelters that sell or give away a pet without a license shallmake license application materials available to the new pet owner and shall monthlyprovide the regional animal services section with the list of informationrequired by K.C.C. 11.04.070 for any pet given away or sold. (Ord. 19638 § 50,2023: Ord. 16861 § 14, 2010: Ord. 16309 §2, 2008: Ord. 15801 § 6, 2007: Ord.11404 § 2, 1994: Ord. 10809 § 2, 1993: Ord. 10423 § 4, 1992: Ord. 10168 § 1,1991: Ord. 7986 § 1, 1987: Ord. 7416 § 1, 1985: Ord. 6702 § 1, 1984: Ord.6370 § 4, 1983: Ord. 5805 § 1, 1981: Ord. 4552 § 1, 1979: Ord. 3980 § 1,1978: Ord. 3187 § 1, 1977: Ord. 2869, 1976: Ord. 2158 § 1, 1974: Ord. 1691 §1, 1973: Ord. 1396 Art. II § 1, 1972).

Reviser’s notes:

*In Ordinance 19683, language was changed from"issue" to "write" but not underlined or struck throughwithin double-parentheses to indicate any amendments. See K.C.C. 1.24.075.

**In Ordinance 19683, language was changed from"for which funds are insufficient" to "that is not sufficientlyfunded" but not underlined or struck through within double-parentheses toindicate any amendments. See K.C.C. 1.24.075.

11.04.035 Licenseand registration fees and penalties.

A.

The following animal license and registration fees apply:

1.

Pet license

a.

Unaltered

$60.00

b.

Altered

$30.00

c.

Service or assistive animal

no charge

d.

K-9 police dog

no charge

2.

Juvenile pet license

$15.00

3.

Discounted pet license

$15.00

4.

Replacement tag

$5.00

5.

Transfer fee

$5.00

6.

Potentially dangerous animal registration

$125.00

7.

Dangerous animal registration

$250.00

8.

The following late fees apply to license renewal applications and must be paid in addition to any applicable license fees and penalties:

a.

received 45 to 90 days following license expiration

$15.00

b.

received 90 to 135 days following license expiration

$20.00

c.

received more than 135 days following license expiration

$30.00

d.

received more than 365 days following license expiration

$30.00 plus license fee or fees for current year.

B.

The following business and activity permit fees apply:

Hobby kennel and hobby cattery license

$50.00

C.

The following civil penalties apply:

1.

Civil penalties: General

a.

No previous similar code violation within one year

$50.00

b.

One previous similar code violation within one year

$100.00

c.

Two or more similar code violations within one year

Double the rate of the previous penalty, up to a maximum of $1,000.00

2.

Civil penalties: Dangerous animal, potentially dangerous animal, animal cruelty, neglect, or abandonment contrary to K.C.C. 11.04.250

a.

First violation within one year

$500.00

b.

Subsequent violations within one year

$1000.00

c.

Failure to comply with potentially dangerous animal requirements

$250.00

d.

Failure to comply with dangerous animal requirements

$500.00

3.

Civil penalties: failure to comply with prohibition on owning, caring for, or residing with similar animals under K.C.C. 11.04.225.B.

a.

First violation

$1,000.00

b.

Second violation

$2,500.00

4.

Failure to timely comply with a removal order

$1,000.00

5.

Civil penalties: Pet without current and valid license

a.

Altered pet

$125.00

b.

Unaltered pet

$250.00

D.

The following service fees apply

1.

Adoptions

a.

Per pet, including licensing and altering the pet

$75.00 - $250.00 based upon adoptability

b.

Per animal that is not a pet

$5.00 - $250.00 based on adoptability

2.

Impound or redemption - pets or other small animals

a.

First impound within one year

$45.00

b.

Second impound within one year

$85.00

c.

Third impound within one year

$125.00

3.

Impound or redemption - Livestock

$45.00

4.

Livestock boarding

Actual cost of boarding

5.

Kenneling at King County animal shelter - per 24 hours or portion thereof

$20.00

6.

In-field pick up of an owner's deceased unlicensed pet or pick up of an unlicensed pet released voluntarily to the regional animal services section

$50.00

7.

Owner-requested euthanasia (unlicensed pets)

$50.00

8.

Microchipping pets

$25.00

(Ord. 19638 § 52, 2023: Ord. 16861 § 16, 2010: Ord. 16309 § 3, 2008: Ord. 15801 § 8, 2007: Ord. 14790 § 2, 2003: Ord. 14521 § 2, 2002: Ord. 14498 § 9, 2002: Ord. 13335 § 2, 1998: Ord.12921 § 1, 1997: Ord. 12542 § 1, 1996: Ord. 11404 § 3, 1994: Ord. 10809 § 6,1993: Ord. 10423 § 5, 1992: Ord. 10168 § 2, 1991: Ord. 7861 § 1, 1986: Ord.7416 § 2, 1985).

11.04.060Hobby kennel or hobby cattery licenses - required - limitations - requirements- issuance and maintenance.

A. It is a violationof this chapter for any person to operate a hobby kennel or hobby cattery unlessthe person possesses and complies with a hobby kennel or hobby cattery license.

B. Eachanimal maintained at a hobby kennel or hobby cattery must be licensed individuallyunder K.C.C. 11.04.030.

C. Any hobbykennel or hobby cattery license shall limit the total number of pets based on:

1. Animal ageand size;

2. Breedcharacteristics; in particular, in the case of dogs, the pitch and volume oftheir barks;

3. Theamount of lot area, though the maximum number may not exceed:

a. threeon lots of less than twenty thousand square feet;

b. five onlots between twenty thousand and thirty-five thousand square feet, except thata maximum of three total pets may remain unaltered; and

c. anadditional two pets for each acre of lot area beyond thirty-five thousandsquare feet, up to a maximum of twenty, except that a maximum of three totalpets may remain unaltered;

4. The layoutand size of any structure for sheltering the pets; and

5. Thezoning classification where the hobby kennel or hobby cattery would bemaintained.

D. Hobbykennels and hobby catteries shall comply with the following:

1. All open run areas must be completely surrounded by a six-foot fence setback at least twenty feet from all property lines, though this requirement maybe modified for hobby catteries, as long as the open run area contains the catsand prohibits the entrance of children. For purposes of this section, "openrun area" means that area where the pets are sheltered or maintained. Ifthere is no area set aside for sheltering or maintaining the pets within theproperty lines of the premises, the twenty-footsetback does not apply. The property lines of premises not containing an openrun area must be completely surrounded by a six-foot fence;

2. Commercial signs or other appearancesadvertising the hobby kennel or hobby cattery are not permitted on the premises,except for those advertising the sale of the allowable offspring, as set forthin this section;

3. The manager may require setbacks,fencing, screening, or soundproofing, as necessary to ensure compatibility ofthe hobby kennel or hobby cattery with the surrounding neighborhood. Factorsto be considered in determining compatibility are:

a. statements of surrounding neighborsrelative to maintenance of a hobby kennel or hobby cattery at the addressapplied for;

b. history of verified animal care and controlcomplaints relating to the applicant’s pets;

c. facility specifications or dimensionsin which the pets are to be maintained;

d. animal size, type and characteristicsof breed; and

e. the zoning classification of the premiseson which the hobby kennel or hobby cattery is maintained;

4. The hobby kennel or hobby cattery shalllimit pet reproduction to no more than one litter per license year per femaledog and two litters per license year per female cat; and

5. Each pet in the hobby kennel or hobbycattery must have the following current immunizations:

a. for dogs over three months old, distemper,hepatitis, parainfluenza and parvo virus (DA2PP) inoculation ;

b. for cats over two months old, felineherpesvirus 1, calicivirus, and panleukopenia virus (FVRCP) inoculation; and

c. for all pets over four months old, rabiesinoculation.

E. A hobby kennel or hobby cattery license remainsvalid for one year, subject to renewal, and may be terminated if the facilityfails to comply with this section.

F. For applicants who cannot meet therequirements of this section, the manager may issue a hobby kennel or hobbycattery license authorizing persons to retain more than three pets if:

1. The applicant keeps the pets forenjoyment only, and not as a commercial enterprise;

2. The applicant keeps only those pets inthe applicant's possession at the time of license issuance. The license mustidentify each pet and allow possession of more animals than would otherwise beallowed only until the death or relocation of those specific animals;

3. The licensed facility provides a livingenvironment with sufficient area, dimension, design, ventilation, andcleanliness to assure the comfort and lack of distress of each animal and isoperated and maintained in a manner that is compatible with neighboringproperties; and

4. The pets have no additional litters untilthe total number of pets is reduced to three or fewer. ( Ord. 19638 § 54,2023: Ord. 16861 § 18, 2010: Ord. 15801 § 10, 2007: Ord. 11792 § 5, 1995:Ord. 10423 § 11, 1992: Ord. 10168 § 4, 1991: Ord. 6370 § 5, 1983: Ord. 4610§ 3, 1979: Ord. 4269 § 1, 1979: Ord. 2428 § 3, 1975: Ord. 1396 Art. II § 4,1972).

11.04.070 Animal shelters, hobby kennels, hobbycatteries, or pet shops - reporting required. Each animalshelter, hobby kennel, hobby cattery or pet shop shall monthly provide the managerwith a list of all pets that it has given away or sold. The list must includethe origin, age, sex, color, breed, altered status and, if applicable,microchip number and license number of each pet given away or sold and the newowner's name, address and, if available, email address and telephone number. (Ord.19638 § 55, 2023: Ord. 16861 § 19, 2010: Ord. 15801 § 11, 2007: Ord. 10423 §7, 1992: Ord. 2428 § 4, 1975: Ord. 1396 Art. II § 5, 1972).

11.04.150 Licenses, registration, permits -hobby kennel or hobby cattery - revocation, suspension, or refusal to renew. Inaddition to imposing penalties provided in this title, the manager maycondition, revoke, suspend, or refuse to renew any hobby kennel licenseor hobby cattery license for failure to comply with any condition of thelicense or permit or for any violation of this title. Enforcement is stayedduring the pendency of an appeal filed in accordance with K.C.C. 11.04.260. (Ord.19638 § 57, 2010: Ord. 16861 § 22, 2010: Ord. 15801 § 14, 2007: Ord. 3232 §11, 1977: Ord. 2428 § 10, 1975: Ord. 1396 Art. II § 13, 1972).

11.04.160 Licenses, registration, permits -hobby kennel or hobby cattery - revocation or refusal waiting period. Anapplicant who has had a license permit, or registration revoked or a renewalrefused shall not be issued a hobby kennel license or a hobby cattery license forone year after the revocation or refusal to renew becomes final. (Ord. 19638 §58, 2023: Ord. 16861 § 23, 2010: Ord. 15801 § 15, 2007: Ord. 3232 § 12,1977: Ord. 1396 Art. II § 14, 1972).

*Reviser’s note: Language added but not underlined inOrdinance 16861. See K.C.C. 1.24.075.

III. ENFORCEMENT,PENALTIES AND PROCEDURES

11.04.170 Enforcement powers.

A. The manager is authorized to take suchlawful action as appropriate to enforce:

1. This title;

2. Ordinance 10870, as amended, and K.C.C. Title21A pertaining to animals; and

3. The laws of Washington pertaining toanimals.

B. The manager, while pursuing or observingany animal in violation of this title, may enter upon any public or privateproperty, except any building designated for and used for private purposes, forthe purpose of abating the animal violation being pursued or observed.

C. The manager may inspect any facilitieslicensed or permitted under this title to ensure compliance with this title andthe applicable permit or license. (Ord. 19638 § 60, 2023: Ord. 16861 § 26,2010: Ord. 15801 § 18, 2007: Ord. 14498 § 11, 2002: Ord. 11792 § 8, 1995:Ord. 3980 § 3, 1978: Ord. 2771 § 2, 1976: Ord. 2428 § 11, 1975: Ord. 1396Art. III § 1, 1972).

11.04.174 Assistance with enforcement andcarrying out BOH chapter 8.04, Rabies. The manager is authorized to assistthe director in enforcing and carrying out BOH chapter 8.04 of the King CountyBoard of Health Code. (Ord. 19638 § 91, 2023).

11.04.180 Violations - deemed public nuisances- abatement. All violations of this title are detrimental to publichealth, safety and welfare and are deemed public nuisances, subject toabatement and other enforcement in accordance with this title or as otherwiseauthorized by law or equity. (Ord. 19638 § 61, 2023: Ord. 16861 § 27, 2010: Ord.15801 § 19, 2007: Ord. 1396 Art. III § 2, 1972).

11.04.200 Violations - civil penalty.In addition to or as an alternative to any other penalty provided in this titleor by law, any person whose animal is maintained in violation of this titleshall incur a civil penalty as specified by K.C.C. 11.04.035. All civilpenalties assessed will be assessed and collected in accordance with theprocedure specified in this title. (Ord. 19638 § 63, 2023: Ord. 15801 § 20,2007: Ord. 10168 § 6, 1991: Ord. 7923 § 2, 1987: Ord. 6370 § 6, 1983: Ord.4610 § 5, 1979: Ord. 3548 § 6, 1978: Ord. 1396 Art. III § 4, 1972).

11.04.210 Apprehending and impounding -retention - redemption.

A. The manager may apprehend and impound any animalfound to be at large.

B. The manager shall make reasonable effortsto serve the owner with written notice specifying the basis for impoundment andthe requirements for regaining custody of the animal, if applicable.

C. Animals impounded under this section mustbe retained as follows:

1. Any currently licensed animal must beheld for five calendar days after telephone contact to the owner or postingnotice of impoundment on the front door of the living unit of the owner, or forat least fourteen calendar days after sending the owner notice of impoundmentby regular mail;

2. Any animal whose owner cannot bedetermined by license or other means must be held for at least three calendardays from the time of impoundment, unless otherwise provided by law;

3. The manager may provide medical care toan animal during impoundment. Any animal suffering from serious injury ordisease may be euthanized; and

4. Feral cats that are altered and eartipped are exempt from the holding periods in this subsection and are subjectto immediate disposition, at the discretion of the manager, which may includereturning the feral cat to the location where it was found.

D.Except where return of the animal is restricted by law, order of the manager,order of the hearing examiner, or order of a court, an owner may redeem theanimal by paying the redemption and kenneling fees provided in K.C.C. 11.04.035and any expenses the manager incurred altering, microchipping, and providingnecessary medical care to the animal during the animal's period of impoundment.

E. Any animal not redeemed within the timerequired by subsection C. of this section may be:

1. Made available for adoption at the feeprovided in K.C.C. 11.04.035;

2. Transferred to another animal welfareorganization for adoption;

3. Placed into foster care;

4. Sold at public auction; or

5. Euthanized.

F. The county shall not sell any animals forthe purposes of medical research to any research institute or any otherpurchasers.

G. All pets adopted from the King Countyanimal shelter must be altered and microchipped before adoption.

H. Any pet impounded more than once shall be microchippedbefore redemption.(Ord. 19638 § 64, 2023: Ord. 16861 § 28, 2010: Ord. 15801 § 21, 2007: Ord. 11920 § 1, 1995: Ord. 10423 § 23,1992: Ord. 10168 § 7, 1991: Ord. 7986 § 2, 1987: Ord. 7871, 1986: Ord. 6370§ 7, 1983: Ord. 6243 § 1, 1982: Ord. 6049, 1982: Ord. 5805 § 3, 1981: Ord.2428 § 12, 1975: Ord. 1396 Art. III § 5, 1972).

11.04.220 Additional enforcement.Notwithstanding the existence or use of any other remedy, the manager may seeklegal or equitable relief to enjoin acts or practices and abate any conditionsthat constitute a violation of this title. (Ord. 19638 § 65, 2023: Ord. 16861§ 29, 2010: Ord. 15801 § 22, 2007: Ord. 1396 Art. III § 6, 1972).

11.04.222 Removal of animal from county forrepeated notices and orders of violation. In addition toother remedies provided in this title, the manager may order an animal removedfrom the county when the animal has been the subject of five or more noticesand orders of violation in any two-year period. (Ord.19638 § 66, 2023).

11.04.225 Additional enforcement - tofurther purposes of title - animal cruelty.

A.The manager may prohibit a person who violates K.C.C. 11.04.250 from owning,caring for, or residing with any animals for up to two years, if the managerdetermines that the prohibition furthers the purposes of this title.

B.The manager may prohibit a person convicted of animal cruelty from owning,caring for, or residing with any animals, consistent with RCW 16.52.200.

C.The manager may enforce this section through the notice and order process inK.C.C. 11.04.260. The notice and order is subject to appeal, in accordancewith K.C.C. 11.04.270.

D.The manager may impound an animal owned, cared for, or residing with a personcontrary to this section. If an animal is impounded under this section, thenthe procedures in RCW 16.52.085 shall apply. (Ord. 19638§ 67. 2023: Ord. 15801 § 66, 2007).

11.04.230 Public nuisances - defined andprohibited. The following constitute public nuisances and areprohibited:

A. Any public nuisance relating to animal careand control known at common law or in equity jurisprudence;

B. A domesticated animal that enters any areawhere food is stored, prepared, served, or sold to the public; however, thissubsection B.2. does not apply to service or assistive animals;

C. While in heat, for a pet to be accessibleto males of the same species, except for males of the same species, except forplanned breeding;

D. A domesticated animal chases, runs after,or jumps at people riding in vehicles , or on bicycles, skateboards, rollerskates, or other wheeled devices in public areas;

E. A domesticated animal that menaces a personor other domesticated animals under circ*mstances not meeting the definition of"potentially dangerous";

F. A domesticated animal that meets thedefinition of "potentially dangerous animal" or "dangerousanimal." In addition, the provisions of this chapter relating topotentially dangerous animals or dangerous animals shall apply;

G. A domesticated animal that violates anyprovision of this title after a final determination of the animal beingpotentially dangerous, vicious, or dangerous;

H. Failure to comply with a manager's orderrelated to a potentially dangerous, vicious or dangerous animal;

I. A domesticated animal leaving the owner'spremises and thereafter cause damage to anything of value;

J. A domesticated animal chasing livestock,unless engaged in the specific work of herding that livestock, as approved bythe livestock's owner;

K. A domesticated animal making noise, to anunreasonable degree, in such a manner as to disturb a person or neighborhood;

L. A domesticated animal entering upon aperson's property or premises without that person's permission;

M. Failure to obtain care for a domesticatedanimal from a licensed veterinarian when the owner knows the animal has acontagious disease;

N. Bringing into King County, breeding, orhaving custody or control, even temporarily, of a potentially dangerous wildanimal as defined in chapter 16.30 RCW as of June 17, 2023. For purposes ofthis chapter, wolf hybrids and coyote hybrids are potentially dangerous wildanimals;

O. For a dog to be at large, or be at large ina pack, except in designated off-leash areas or while engaged in obediencetraining, lawful hunting activity, lawful organized competition, lawfultraining in preparation for such hunting or competition, herding livestock, orsanctioned search and rescue activities;

P. Failure to license a pet, as required byK.C.C. 11.04.030;

Q. Sell, barter, or otherwise transferownership of any animal without the appropriate license or permit;

R. Stake, tether, or keep any animal on publicproperty without prior written consent of the public entity that owns thepremises;

S. Fail to remove the feces of theirdomesticated animal from another's premises and deposit the same in anappropriate receptacle;

T. Possess an exotic animal in violation ofK.C.C. 11.28.030;

U. Fail to comply with an order related to ananimal designated as potentially dangerous, vicious, or dangerous;

V. Fail to timely obtain or renew apotentially dangerous registration or a dangerous animal registration;

W. Bring a potentially dangerous or dangerousanimal into King County without meeting the requirements of K.C.C. 11.04.275 or11.04.285;

X. Release any animal from any confinement,vehicle, or restraint unless the release is with the owner's permission,necessary for the animal's immediate health and safety, or undertaken by peace,animal care, or humane officers;

Y. Sell, offer for sale, barter, or give awayany fowl under three weeks old or any rabbit under two months old, as a companionanimal, toy, premium, or novelty, or to color, dye, stain, or otherwise changethe natural color of any such a fowl or rabbit; or

Z. Violate the prohibition on owning, caringfor, or residing with any animals under K.C.C. 11.04.225. (Ord. 19638 § 68.2023: Ord. 18000 § 1. 2015: Ord. 14498 § 12, 2002: Ord. 7923 § 3, 1987:Ord. 6370 § 8, 1983: Ord. 1396 Art. III § 7, 1972).

11.04.232Stock restricted area. All of King County, except national forest lands owned bythe federal government, is designated a stock restricted area in which it isunlawful to permit livestock, as defined in K.C.C. 21A.06.695, to run atlarge. (Ord. 11792 § 9, 1995: Ord. 5975 § 1, 1982. Formerly K.C.C. 11.24.010).

11.04.234 Harboring, keeping, or maintenanceof exotic animal prohibited - exception - impoundment.

A. A person may notharbor, keep, or maintain an exotic animal, unless an exception in RCW16.30.020 applies.

B. An exotic animal harbored, kept ormaintained in violation of this section is subject to impoundment. If ananimal is impounded under this section, the procedures in RCW 16.30.040(2)through (6) shall apply. (Ord. 19638 § 96. 2023: Ord. 15801 § 50, 2007: Ord.11340 § 2, 1994: Ord. 2473 § 3, 1975. Formerly K.C.C. 11.28.030.).

11.04.250 Violations - specified acts orfailures to act - impoundment.

A. It is a violation of this chapter for anyperson to:

1. Injure or cause the death of any animalby any means causing it fright or pain;

2. Cause or allow any animal to endure pain,suffering or injury;

3. Fail or neglect to aid or attempt to alleviatepain, suffering or injury the person has caused any animal;

4. Depriveany animal of care sufficient to maintain its health and well-being, by failingto provide:

a. food ofsufficient quantity or quality to allow for normal growth, body weight, health,and vigor;

b.sufficient potable water, which must be always available;

c.containers for food and water that allow the animal easy access;

d. a livingenvironment with sufficient area, dimension, design, ventilation, andcleanliness to assure the animal's comfort and lack of distress;

e. sheltersufficient to protect against cold or heat; or

f.veterinary care necessary to relieve distress from injury, neglect or disease;

5. Fail toprovide adequate care to any animal, even if the failure does not result in theanimal actually enduring pain, suffering or injury;

6. Leave orconfine any animal unattended in a motor vehicle or enclosed space if theanimal could be harmed or killed by exposure to excessive heat, cold, lack ofventilation or lack of necessary water;

7. Restrain adog outside by a tether, except in compliance with RCW 16.52.350. Eachincident involving a violation of this subsection G. is a separate nuisance;

8. Lay outor expose any kind of poison, or to leave exposed any poison food or drink for humans,animals or fowl, or any deadly substance or fluid, alone or mingled with any othersubstance or fluid, on any premises or in any unenclosed place, or to aid orabet any person in so doing, unless in accordance with RCW 16.52.190;

9.Torment, torture, beat, kick, strike, or harass any dog used by a policedepartment for police work, or otherwise interfere with the use of any such dogfor police work; or

10. Abandon any domesticated animal,excluding feral cats.

B. The manager may impound an animal thathas been subject to any of the acts, or failures to act, in this section. Ifan animal is impounded under this section, then the procedures in RCW 16.52.085shall apply. (Ord. 19638 § 70, 2023: Ord. 16861 § 30, 2010: Ord. 15801 § 24,2007: Ord. 14498 § 13, 2002: Ord. 1396 Art. III § 8, 1972).

11.04.260 Violations - proceedings to abate -notice and order.

A. Whenever the manager finds a violation ofthis title, the manager shall commence proceedings the abate each violation.

B. The manager shall issue a notice ofviolation and an order directed to the owner or the person presumed to be theowner of the animal maintained in violation of this chapter. The notice andorder shall contain:

1. The name and address, if known, of the violator;

2. The license number, if available, anddescription of the animal in violation sufficient for identification;

3. A statement to the effect that the managerhas found a violation of this title, including reference to the specificsections of code or statute violated and, where relevant, reference to thespecific sections of code or statute authorizing removal of the animal;

4.a. A statement of the action the managermay require for abating the violation.

b. The order may require that theabatement, if any, be completed within a specified time from the order, as the managerdetermines reasonable.

c. If the manager has determined to assessa civil penalty, the order must require that the penalty shall be paid within twenty-fourdays from the order;

5. Statements advising that if any requiredabatement is not commenced within the time specified, the manager shall proceedto abate and charge the abatement costs against the violator; and

6. Statements advising:

a. that a person having a legal interestin the animal may appeal the notice of violation and order or any action of themanager to the office of the hearing examiner by filing an appeal with the managerin accordance with K.C.C. 20.22.080; and

b. that failure to appeal constitutes awaiver of all rights to an administrative hearing and a final determination ofthe matter.

C. The notice and order must be served on the violatorin one of the following ways:

1. Personally;

2. By mailing a copy of the notice ofviolation and order by certified mail, postage prepaid, return receiptrequested, to the person at the person's last known address; or

3. By posting the notice of violation andorder on the front door of the living unit of the violator, if the person isnot home.

D. Proof of service of the notice of violationand order must be made at the time of service by a written declaration underpenalty of perjury executed by the person effecting service, declaring thetime, date and manner in which service was made. (Ord. 19638 § 71, 2023: Ord. 18230 § 92, 2016: Ord. 16861 § 31, 2010: Ord.15801 § 25, 2007: Ord. 6370 § 9, 1983: Ord. 1396 Art. III § 9, 1972).

11.04.270 Appeals.The office of the hearing examiner is designated to hear appeals by partiesaggrieved by actions of the manager under this title. (Ord. 19638 § 72. 2023:Ord. 18230 § 93, 2016: Ord. 16861 § 32,2010: Ord. 15801 § 26, 2007: Ord. 1396 Art. III § 10, 1972).

11.04.275 Potentially dangerous animal -designation - requirements and responsibilities of owner - registration -appeal - impoundment.

A. If the manager determines an animal'sconduct falls within the definition of a potentially dangerous animal, themanager shall designate the animal as potentially dangerous. Following such adesignation the animal's owner shall:

1. Obtain a potentially dangerous animalregistration, in addition to the regular animal license, as set forth insection K.C.C. 11.04.035; and

2. The registration expires one year afterissuance and the owner shall renew the registration every twelve months.

B. A registration will be issued to the ownerof a potentially dangerous animal only if, within twenty-four days of thedesignation, the owner transmits to the manager two current, color, digitalphotographs in electronic format of the animal, with a minimum size of threeinches by five inches, and provides sufficient proof of the following:

1. An escape-proof fence, a properenclosure, or other means of confinement approved by the manager;

2. A posted warning sign;

3. The animal has been microchipped, withthe microchip number provided to the manager;

4. Current rabies vaccination;

5. Possession of a muzzle and a leash; and

6. Possession of a current license tag and abrightly colored collar sufficient to restrain the animal.

C. At all times the potentially dangerousanimal must:

1. Wear its collar and license tag;

2. Be within an escape-proof fence, a properenclosure, or within other means of confinement approved by the manager when onthe owner's premises; and

3. When off the owner's premises, besecurely leashed, under the control of a competent adult, and humanely muzzledor securely restrained in a carrier or crate, made in accordance withInternational Air Transport Association guidelines, while traveling in avehicle.

D. This section does not apply to police dogs,as defined in RCW 4.24.410.

E. Animals found potentially dangerous by anyjurisdiction of this or any other state are subject to the same regulations asif designated potentially dangerous by King County.

F. Animals declared to be vicious under a priorversion of this title shall continue to comply with all conditions prescribedby the manager at the time the animal was declared vicious. Violation of anysuch condition shall constitute a violation of the requirements for apotentially dangerous animal and shall be subject to the same monetary penaltyas a potentially dangerous animal violation in K.C.C. 11.04.035.

G. During the entire appeal process of apotentially dangerous animal designation, the owner shall keep the animal in aproper enclosure, or by other means approved by the manager. It is a violationof this chapter for the owner appealing a declaration to allow or permit theanimal to go beyond the premises of the owner unless such animal is securelyleashed, under the control of a competent adult, and humanely muzzled orsecurely restrained in a carrier or crate, made in accordance withInternational Air Transport Association guidelines, while traveling in avehicle.

H. The manager may immediately impound theanimal upon a violation of any provision of this section. The animal's ownershall pay the costs of confinement and the penalty imposed for the violation.The manager shall notify the owner of the reasons for impounding the animal,that the owner is responsible for paying the costs of confinement, and that theanimal will be destroyed if the deficiencies for which the animal wasconfiscated are not corrected within twenty-four days. If within twenty-fourdays the owner cures the deficiencies for which the animal was impounded to thesatisfaction of the manager, and the owner pays the costs of confinement andthe penalty imposed, then the owner may redeem the animal. The manager shalldestroy the impounded animal if all violations of this section are notcorrected, and all costs and penalties are not paid, within twenty-four days ofnotification.

I. It is the duty of every animal owner toalways keep the owner's animals under proper supervision and control. If ananimal is designated potentially dangerous, the duty is upon the animal ownerto comply with this chapter. When an animal owner breaches these duties, theresponsibility for any resulting injury or damage shall be on the animal ownerand not King County. (Ord. 19638 § 74, 2023).

11.04.285 Dangerous animal - designation -requirements and responsibilities of owner - registration - inspection -appeal - impoundment.

A. If the manager determines an animal'sconduct falls within the definition of a dangerous animal, the manager shalldesignate the animal as dangerous. Following such a designation, the animal'sowner shall:

1. Obtain a dangerous animal registrationwithin twenty-four days of receiving a dangerous animal designation, inaddition to the regular animal license, as set forth in section K.C.C. 11.04.035;and

2. The registration expires one year afterissuance and the owner shall renew the registration every twelve months.

B. The manager shall issue a dangerous animalregistration if, within twenty-four days of the designation, the owner pays thefee prescribed in K.C.C. 11.04.035, transmits to the manager two current,color, digital photographs in electronic format of the animal, with a minimumsize of three inches by five inches, and provides sufficient proof of all thefollowing:

1. A proper enclosure and a posted warningsign;

2. The animal has been microchipped, withthe microchip number provided;

3. Current rabies vaccination;

4. The animal has been spayed or neutered;

5. A muzzle and a leash;

6. A current license tag and a brightlycolored collar sufficient to restrain the animal; and

7. A surety bond or liability insurancepolicy, such as a homeowner's or renter's insurance policy, that:

a. is issued by a surety insurerqualified under chapter 48.28 RCW or an insurer qualified under Title 48 RCW;

b. is in a form acceptable to themanager;

c. provides at least five hundredthousand dollars coverage, with a reasonable deductible;

d. is payable to any person for anypersonal injuries inflicted by the dangerous animal;

e. shall be continuously maintainedduring the life of the registration;

f. provides for prior writtennotification to the manager of cancellation or material change; and

g. a copy of such bond or liabilitypolicy is furnished to the manager, to allow the manager a reasonable time toreview and determine whether it is sufficient to warrant a dangerous animalregistration.

C. The manager may inspect the premises wherea dangerous animal is maintained at any time.

D. At all times a dangerous animal must:

1. Wear its collar and license tag;

2. Be confined to a proper enclosure when onthe owner's premises; and

3. When off the owner's premises, besecurely leashed, under the control of a competent adult, and humanely muzzledor securely restrained in a carrier or crate, made in accordance withInternational Air Transport Association guidelines, while traveling in a vehicle.

E. This section does not apply to police dogsas defined in RCW 4.24.410. A police dog is a dog used by a law enforcementagency specially trained for law enforcement work and under the control of adog handler.

F. The owner must notify the manager inwriting in the event of a dangerous animal's death, relocation or change inownership. For a change of ownership or relocation, the registered owner shallprovide the manager with: written notice, at least ten days in advance of anychange, of the new owner's phone number and complete street, mailing and emailaddresses; and proof that the new owner and the new jurisdiction's animalcontrol authority have been notified of the animal's designation as dangerous.If the change of ownership or relocation is within King County, the owner shallsatisfy all requirements of this section before relocating the animal.

G. An animal found dangerous by anyjurisdiction of this state or any other state is subject to the samerequirements as if the animal was designated dangerous by King County.

H. A dangerous animal that is relocatedoutside King County is prohibited from reentering the county without priorwritten consent of the manager and a valid dangerous animal registration.

I. During the entire appeal process of adangerous animal designation, the owner shall keep the animal in a properenclosure. It is a violation of this chapter for the owner appealing adeclaration to allow or permit the animal to be outside of the proper enclosureunless the animal is securely leashed, under the control of a competent adult,and humanely muzzled or securely restrained in an airline-approved carrier orcrate while traveling in a vehicle.

J. The manager shall immediately impound theanimal upon a violation of this section. The animal's owner shall pay thecosts of confinement and the penalty imposed for the violation. The managershall notify the owner of the reasons for impounding the animal, that the owneris responsible for paying the costs of confinement, and that the animal will bedestroyed if the deficiencies for which the animal was confiscated are notcorrected within twenty-four days. If within twenty-four days the owner curesthe deficiencies for which the animal was impounded to the satisfaction of themanager, and the owner pays the costs of confinement and the penalty imposed,then the owner may redeem the animal. The manager shall destroy the impoundedanimal if all violations of this section are not corrected, and all costs andpenalties are not paid, within twenty-four days of notification.

K. It is the duty of every animal owner toalways keep the animal under proper supervision and control. When an animal isdeclared dangerous, the duty is upon the animal owner to comply with thischapter. When an animal owner breaches these duties, the responsibility forany resulting injury or damage shall be on the animal owner and not KingCounty. (Ord. 19638 § 75, 2023).

11.04.295 Aggressive attacks causing humaninjury or death - impoundment - removal.

A. The manager may immediately impound ananimal when the animal aggressively attacks and causes severe injury to ordeath of any human without provocation, even where the animal had notpreviously been designated potentially dangerous or dangerous. If the animalis impounded, the manager shall designate the animal as a dangerous animal andK.C.C. 11.04.285 shall apply, except the animal shall remain impounded duringthe entire appeal process, if any.

B. The manager may immediately impound ananimal and the owner forfeits all rights to the animal if the animal is notremoved from the county in accordance with an order of the manager under K.C.C.11.04.222. The animal's owner shall pay the costs of confinement. The managershall notify the owner of the reason for impounding the animal, that the owneris responsible for paying the costs of confinement, and that the animal is theproperty of the manager. If within twenty-four days the owner provides to themanager a location for the animal to live outside of the county, including thename, address, phone number, and email address of the person or organizationtaking ownership of the animal to the satisfaction of the manager, and theowner pays the costs of confinement and the penalty imposed, then the owner mayredeem the animal. The owner shall ensure the animal is removed from thecounty immediately upon redemption. The manager shall make a disposition ofthe animal consistent with the options in K.C.C. 11.04.210.E.1. through E.5.if, within twenty-four days of notification, the owner has not paid the costsof confinement and provided the information required by this section. (Ord.19638 § 76, 2023).

11.04.300 Civil penalty and abatement costs ‑liability of owner. The civil penalty and the cost of abatement are alsopersonal obligations of the animal owner. The prosecuting attorney on behalfof King County may collect the civil penalty and the abatement work costs byuse of all appropriate legal remedies. (Ord. 1396 Art. III § 13, 1972).

11.04.310 Costs of enforcement action.In addition to costs and disbursem*nts provided for by statute, the prevailingparty in a collection action under this chapter may, in the court's discretion,be allowed interest and a reasonable attorney's fee. The prosecuting attorneyshall seek such costs, interest, and reasonable attorney's fees on behalf ofKing County when the county is the prevailing party. (Ord. 1396 Art. III § 14,1971).

11.04.330 Additional rules and regulations.The regional animal services section is authorized to make and enforce rulesand regulations, not inconsistent with the provisions of this chapter section,and it is unlawful to violate or fail to comply with any of such rules andregulations. All of such rules and regulations shall be reduced to writing andadopted in accordance with K.C.C. chapter 2.98. (Ord. 16861 § 34, 2010: Ord.6370 § 12, 1983).

11.04.335 Waiver, refund, or amnestyperiods for penalties and fees.

A. The manager section may, in full or inpart, waive, refund or provide amnesty periods for outstanding civil penalties,licensing fees, late licensing penalty fees, adoption fees, and redemption andsheltering fees, in whole or in part, when doing so would further the goals of thistitle and be in the public interest.

B. In determining whether a waiver shouldapply, the manager shall consider the following elements:

1. The reason the animal was impounded;

2. The violation's reason or the basis,nature, duration, and likelihood of recurrence;

3. The total amount of the fees charged ascompared with the gravity of the violation; and

4. The effect on the owner, the animal'swelfare and the regional animal services section if the fee or penalties arenot waived. (Ord. 19638 § 77, 2023: Ord. 16861 § 35, 2010: Ord. 15801 § 29,2007: Ord. 10809 § 7, 1993: Ord. 7986 § 3, 1987).

11.04.350 Misdemeanors. It is amisdemeanor to:

A. Intentionally cause, aid, or abet anyviolation of K.C.C.11.04.230 or 11.04.250, by any act or omission;

B. Fail to comply with a manager's orderrelated to an animal designated as potentially dangerous, vicious, or dangerousafter the animal has committed two violations of this chapter;

C. Fail to comply with a manager's orderrelated to an animal designated as dangerous;

D. Cause an animal to injure a human ordomesticated animal acting in a lawful manner;

E. Own or maintain a pet shop, hobby kennel orhobby cattery, pet daycare facility, animal shelter, or pet grooming servicewithout the operating permit or permits required by K.C.C. chapter 11.04, afterhaving committed a related violation;

F. Sell, adopt, transfer ownership, or tradean unlicensed pet, except in accordance with K.C.C. 11.04.030, after committinga related violation;

G. Sell, adopt, transfer ownership, or tradean animal knowing it to be ill or injured, without disclosing the animal'sillness or injury;

H. Remove any animal from the possession ofthe animal care and control authority without permission of the manager orwithout paying all lawful charges;

I. Obstruct any animal care and controlofficer in the performance of any official duty;

J. Within a two-year period, receive five ormore notices of violations or infractions issued under this title; or

K. Permit livestock to run at large in a stockrestricted area. (Ord. 19638 § 79, 2023).

11.04.360 Gross misdemeanors. Itis a gross misdemeanor for anyone to keep, maintain, control, or retain custodyof any animal in conjunction with or for the purpose, whether in whole or inpart, of aiding, abetting, or conducting any illegal activity or committing anycrime. (Ord. 19638 § 80, 2023).

IV. MANDATORY SPAYAND NEUTER PROGRAM

11.04.400 Mandatory alteration - exceptions.

A. A person may not harbor, keep, or maintainany nonjuvenile pet that has not been altered, unless the person holds anunaltered pet license for the animal.

B. Guide dogsin training and police service dogs are exempted from this section.

C. Any nonjuvenile pet adopted from an animalshelter in King County must be altered before transfer to the owner. (Ord.19638 § 81. 2023: Ord. 10423 § 2, 1992).

11.04.410 Voucher for alteration.When issuing a license for an unaltered pet, the manager may provide to theapplicant a voucher for paying all or part of the cost of an altering operationby a licensed veterinarian, with the amount of the voucher established by themanager based upon available resources and upon the council providingappropriation authority. The manager shall compile, maintain, and makeavailable to the public a list of veterinarians who accept the vouchers as fullor partial payment for altering. Vouchers are redeemable through the KingCounty treasury by veterinarians who have performed an alteration on a petlicensed in King County as an unaltered pet. (Ord. 19638 § 82. 2023: Ord.16861 § 36, 2010: Ord. 15801 § 30, 2007: Ord. 10423 § 24, 1992).

V. OTHER PROVISIONS

11.04.500 Euthanasia rate targets.

A. It is the policy of King County that amaximum euthanasia rate target is set to measure the progress towards reducingthe rates of pets euthanized by the regional animal services section or itsdesignees. The euthanasia rates must calculated based on the total number oflive pets taken into King County custody to include stray, homeless, abandoned,unwanted or surrendered animals, and animals euthanized at an owner's request.The euthanasia rates must exclude animals euthanized at the order of thedirector and those animals not in the custody of King County but brought to aKing County shelter by their owner or guardian for the purposes of licensing,or clinic services, such as alterations and vaccinations, should the managermake those services available to the public. The calculation of the euthanasiarate for a given year should include the inventory of pets carried over fromthe preceding year and exclude the inventory of pets carried over to thesubsequent year.

B. The total number of pets euthanized by theregional animal services section is not to exceed fifteen percent.

C. The manager should, to the extent feasible,calculate other measures of euthanasia rates or live release rates that enablecomparison with other agencies. (Ord. 19638 § 83. 2023: Ord. 16861 § 37,2010: Ord. 15801 § 31, 2007: Ord. 10423 § 6, 1992).

11.04.510 Unaltered dogs and cats - advertisingrequirements. No person in unincorporated King County shall publishor advertise to King County residents the availability of any unaltered cat ordog unless the publication or advertisem*nt includes: the unaltered animal'slicense number or the animal's juvenile license number, provided, however thatnothing in this chapter shall prohibit licensed breeders from advertising innational publications for sale of a planned litter or litters. (Ord. 10423 §9, 1992).

11.04.530 Exemptions from chapter. Thischapter does not apply to dogs and cats in the custody of a research facilityregistered or licensed by the United States Department of Agriculture andregulated by 7 United States Code 2131, et seq. (Ord. 19638 § 85. 2023: Ord.10423 § 20, 1992).

11.04.580 Canvassing for compliance program. Themanager may develop and implement a twelve-month program to canvass forcompliance with the licensing requirements of this title. The program must bedirected at households within unincorporated areas of King County and citiesunder contract with King County for animal care control services. Regionalanimal services section employees and persons or organizations under contractto the regional animal service section performing the canvassing may issue petlicenses and collect license fees. The manager shall annually review thecanvassing program. Funding must be reviewed annually based upon an evaluationof the efficacy of the canvassing program. (Ord. 19638 § 88. 2023: Ord. 15801§ 36, 2007: Ord. 10423 § 27, 1992).

11.04.595 Severability. Ifany provision of this title or its application to any person or circ*mstance isheld invalid, the remainder of the title or the application of the provision toother persons or circ*mstances is not affected. (Ord. 19638 § 89, 2023).

Title 11 - ANIMAL CONTROL (2024)
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