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

 

11.01     DEFINITIONS

 

Sections:

        11.01.010     Application of chapter.

        11.01.020     Abate.

        11.01.030     Adequate care.

        11.01.040     Altered.

        11.01.050     Animal.

        11.01.060     Animal care and control authority.

        11.01.070     Animal care and control officer.

        11.01.080     Animal shelter.

        11.01.090     At large.

        11.01.100     Companion animal.

        11.01.110     Competent person.

        11.01.120     Dangerous animal.

        11.01.130     Director.

        11.01.140     Domesticated animal.

        11.01.150     Euthanasia.

        11.01.160     Exotic animal.

        11.01.170     Feral.

        11.01.180     Grooming service.

        11.01.190     Harbor, keep, or maintain.

        11.01.200     Hobby cattery.

        11.01.210     Hobby kennel.

        11.01.220     Juvenile.

        11.01.230     King County.

        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     Potentially dangerous animal.

        11.01.330     Premises.

        11.01.340     Proper enclosure.

        11.01.350     Provocation or provoke.

        11.01.360     Service or assistive animal.

        11.01.370     Severe injury.

        11.01.380     Under control.

        11.01.390     Vicious.

        11.01.400     Warning sign.

 

          11.01.010  Application of chapter.  The definitions in this chapter apply 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 means determined by the manager.  (Ord. 19638 § 3, 2023).

 

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

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

          B.  A structure that:

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

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

            3.  Does not injure, disfigure or physically impair 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.  "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, to enforce animal care and control laws and for the shelter and welfare of animals.  (Ord. 19638 § 7, 2023).

 

          11.01.070  Animal care and control officer.  "Animal care and control officer" means any individual employed, contracted, or appointed by the animal care and control authority to aide in enforcing this title or any other law or ordinance relating to the care and licensing of animals, control of animals, or seizure and impoundment of animals.  "Animal care and control officer" includes any state or municipal peace officer, sheriff, or other employee whose duties in whole or in part include assignments that involve the seizure and taking into custody of any animal.  (Ord. 19638 § 8, 2023).

 

          11.01.080  Animal shelter.  "Animal shelter" means a facility 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.  (Ord. 19638 § 9, 2023).

 

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

 

          11.01.100  Companion animal.  "Companion animal" 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.  "Competent person" means a person able to sufficiently care for, control, and restrain a particular animal, and who has the capacity to exercise sound judgment regarding 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 the death of a human being without provocation;

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

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

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

            5.  Jointly engages, with one or more animals, in conduct meeting A.1., A.2., A.3., or A.4. of this section, in which case all animals may be deemed dangerous, absent an affirmative demonstration that 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 to have been committed by the animal was sustained by a person who was at the time committing a willful trespass upon the premises occupied by the owner of the 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 taken in defense of oneself, other humans, animals, or property; or

            2.  The animal has not been previously found to be potentially dangerous, vicious, or dangerous, and the severe injury or death 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" means the director of the department of executive services or designee.  (Ord. 19638 § 14, 2023).

 

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

 

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

 

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

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

          B.  Nonhuman primates and prosimians;

          C.  Bears;

          D.  Nondomesticated species of felines;

          E.  Nondomesticated species of canines and their 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 and behaves like a wild animal.  (Ord. 19638 § 18, 2023).

 

          11.01.180  Grooming service.  "Grooming service" means any public or private place or establishment where animals are bathed, clipped, or combed to enhance either their aesthetic value or health, 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.  "Hobby cattery" means a noncommercial cattery at or adjoining a private residence where four or more nonjuvenile cats are bred or kept for exhibition or for enjoyment.  (Ord. 19638 § 21, 2023).

 

          11.01.210  Hobby kennel.  "Hobby kennel" means a noncommercial kennel at or adjoining a private residence where four or more nonjuvenile dogs are bred or kept for any combination of hunting, training, exhibition, field or obedience trials, working, or enjoyment.  (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.  "King County" means the unincorporated area of King County, Washington, and any jurisdiction that has an interlocal agreement with King County for regional animal 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 nourish their young with milk secreted by mammary glands and have skin generally covered 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 and licensing 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 cause injury 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 animal except for individuals or organizations involved with providing care to a feral cat 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, or other 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 or domesticated animal;

            2.  Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack;

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

or otherwise to threaten the safety of humans or domestic animals; or

            4.  Jointly engages, with one or more animals in conduct meeting subsections A.1., A.2., or A.3., of this section, in which case all animals are deemed potentially dangerous, absent an affirmative demonstration 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 property without the consent of the owner or occupant and bites a human or animal or chases or approaches a person in a menacing fashion or apparent attitude of attack.

          C.  An animal shall not be declared a "potentially dangerous animal" if the threat, injury, or bite alleged to have been committed by the animal was sustained by a person who was at the time committing a willful trespass upon the premises occupied by the owner of the 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 taken in 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 or equitable right to occupy, including a dwelling unit.  "Premises" does not extend into areas of common ownership or use, such as an apartment lobby or public transportation.  (Ord. 19638 § 34, 2023).

 

          11.01.340  Proper enclosure.  "Proper enclosure" means, while on its owner's premises, an animal is securely confined indoors or in an enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping.  The pen or structure must fully enclose the animal, consist of secure 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 immediately before the attack, chase, or menacing behavior.  "Provocation" or "provoke" does not include actions taken to defend oneself, other humans, animals, or property.  (Ord. 19638 § 36, 2023).

 

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

 

          11.01.370  Severe injury.  "Severe injury" 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, but not limited to, one or more sutures, steri strips or staples;

          C.  Permanent nerve damage; or

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

 

          11.01.380  Under control.  "Under control" means a domesticated animal is restrained, by a human using a leash or competent and effective voice or signal control, from approaching any bystander 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 or domesticated animal without provocation.  (Ord. 19638 § 40, 2023).

 

          11.01.400  Warning sign.  "Warning sign" means a conspicuously displayed sign containing clearly visible words, 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).

 

11.02     REGIONAL ANIMAL SERVICES SECTION

 

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 animal bequest fund - restrictions.

        11.02.070     Rules - adoption and enforcement.

 

          11.02.010  Established.  A regional animal services section is established in the records and licensing services division.  This chapter designates the regional animal services section as the agency authorized to provide animal care services and enforce animal control laws.  (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 is established, to be compensated at a rate in accordance with county personnel policies.  (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 public agencies as defined in chapter 39.34 RCW for animal licensing and enforcement of animal care and control ordinances, and with other legal entities for the purpose 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 the department of executive services is authorized to enter into concession agreements with vendors to sell animal-related products and services at the King County animal shelter and at other county facilities and events.  The revenue from these concession agreements shall be applied solely to regional animal services.  (Ord. 16861 § 9, 2010).

 

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

          A.  The director may negotiate and enter into advertising, sponsorship, and naming rights agreements to provide financial support for regional animal services programs.  Advertising is restricted to commercial speech.

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

          C.  The director may impose additional subject-matter restrictions on advertising, sponsorship and naming rights agreements consistent with applicable law.

          D.  Revenue generated from advertising, sponsorships and naming rights agreements entered into under this section 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 animal bequest fund - restrictions.

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

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

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

 

          11.02.070  Rules - adoption and enforcement.  The manager 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).

 

11.04     ANIMAL CARE AND CONTROL REGULATIONS

 

Sections:

I.  GENERAL PROVISIONS

 

        11.04.010     Purpose - conflicts with zoning code - intent.

 

II.  LICENSING

 

        11.04.030     Pet licenses and registrations - requirements - exceptions - requirements for veterinarians and shelters that sell or give away pets without licenses.

        11.04.035     License and registration fees and penalties.

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

        11.04.070     Animal shelters, 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 refusal waiting period.

 

III.  ENFORCEMENT, PENALTIES AND PROCEDURES

 

        11.04.170     Enforcement powers.

        11.04.174     Assistance with 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     Apprehending and impounding - retention - redemption.

        11.04.220     Additional enforcement.

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

        11.04.225     Additional enforcement - to further purposes of title - animal cruelty.

        11.04.232     Stock restricted 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     Potentially dangerous animal - designation - requirements and responsibilities of owner - registration - appeal - impoundment.

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

        11.04.295     Aggressive attacks causing human injury or death - impoundment - removal.

        11.04.300     Civil penalty and abatement costs - liability of owner.

        11.04.310     Costs of enforcement action.

        11.04.330     Additional rules and regulations.

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

        11.04.350     Misdemeanors.

        11.04.360     Gross misdemeanors.

 

IV.  MANDATORY SPAY AND NEUTER PROGRAM

 

        11.04.400     Mandatory alteration - exceptions.

        11.04.410     Voucher for alteration.

 

V.  OTHER PROVISIONS

 

        11.04.500     Euthanasia rate targets.

        11.04.510     Unaltered dogs and cats - advertising requirements.

        11.04.530     Exemptions from chapter.

        11.04.580     Canvassing for compliance program.

        11.04.595     Severability.

 

I.  GENERAL PROVISIONS

 

          11.04.010  Purpose - conflicts with zoning code - intent.

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

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

          C.  This title's intent is to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals 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 in Ordinance 19638.  See K.C.C. 1.24.075.

 

II.  LICENSING

 

          11.04.030  Pet licenses and registrations - requirements - exceptions - requirements for veterinarians and shelters that sell or give away pets without licenses.

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

          B.1.  Upon application and the payment of a license fee to the King County treasury according to the schedule provided in K.C.C. 11.04.035, the manager shall issue pet licenses .  Shelters, veterinarians, pet shops, hobby kennels, hobby catteries, and other approved locations, under contract with the county, may issue pet licenses.

            2.  Pet licenses are valid for one year from issuance, expiring on the last day of the twelfth month.  There is no proration of any license fees.  Renewal licenses retain the original expiration period whether renewed before, on or after their respective renewal months.

            3.   Juvenile licenses may be obtained in lieu of an unaltered pet license for pets from eight weeks to six months old.

            4.  King County residents sixty-five years old or older may purchase a discounted pet license for their altered pets maintained at the registered owner's registered address.  However, residents sixty-five years old or older who previously obtained a special permanent license for their pet or pets are not be required to purchase a new license for their permanently licensed animals.

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

            6.  Applications for a pet license must be on forms provided by the regional animal services section.

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

            8.  Pet owners of who hold valid licenses from other jurisdictions and who move into King County may transfer the license, subject to by paying a transfer fee.  The license remains valid through the original license's expiration date or for twelve months after the license was issued by the other jurisdiction, whichever period is shorter.

            9.  It is a violation of this title for any person to sell or transfer ownership of any pet that does not have a pet license.  Any person selling or transferring a pet shall notify the regional animal services section of the name, address, and telephone number of the new owner within thirty days following the sale or transfer.

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

             11.  Pet owners are subject to the penalty set in K.C.C. 11.04.035 for failure to comply with the licensing requirement in subsection A. of this section.

          C.  The late fee set in K.C.C. 11.04.035 shall be charged for any pet license not obtained within thirty days of ownership or not renewed before expiration.  The late fee is in addition to any other penalties that might apply.

          D.  All fees and fines collected under this chapter must be deposited in the general fund to be applied solely to regional animal services.  The records and licensing services division is authorized to accept credit and bank card payments for fees and penalties imposed under this title, in accordance with K.C.C. chapter 4.100.

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

          F.  Except for subsection G. of this section, this section does not apply to pets in the custody of a veterinarian or shelter or to pets that are temporarily within the county for fewer than thirty days.

          G.  Veterinarians and shelters that sell or give away a pet without a license shall make license application materials available to the new pet owner and shall monthly provide the regional animal services section with the list of information required 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 through within 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 sufficiently funded" but not underlined or struck through within double-parentheses to indicate any amendments.  See K.C.C. 1.24.075.

 

          11.04.035  License and 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).

 

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

          A.  It is a violation of this chapter for any person to operate a hobby kennel or hobby cattery unless the person possesses and complies with a hobby kennel or hobby cattery license.

          B.  Each animal maintained at a hobby kennel or hobby cattery must be licensed individually under K.C.C. 11.04.030.

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

            1.  Animal age and size;

            2.  Breed characteristics; in particular, in the case of dogs, the pitch and volume of their barks;

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

              a.  three on lots of less than twenty thousand square feet;

              b.  five on lots between twenty thousand and thirty-five thousand square feet, except that a maximum of three total pets may remain unaltered; and

              c.  an additional two pets for each acre of lot area beyond thirty-five thousand square feet, up to a maximum of twenty, except that a maximum of three total pets may remain unaltered;

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

            5.  The zoning classification where the hobby kennel or hobby cattery would be maintained.

          D.  Hobby kennels and hobby catteries shall comply with the following:

            1.  All open run areas must be completely surrounded by a six-foot fence set back at least twenty 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 where the pets are sheltered or maintained.  If there is no area set aside for sheltering or maintaining the pets within the property lines of the premises, the twenty-foot setback does not apply.  The property lines of premises not containing an open run area must be completely surrounded by a six-foot fence;

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

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

              a.  statements of surrounding neighbors relative to maintenance of a hobby kennel or hobby cattery at the address applied for;

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

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

              d.  animal size, type and characteristics of breed; and

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

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

            5.  Each pet in the hobby kennel or hobby cattery 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, feline herpesvirus 1, calicivirus, and panleukopenia virus (FVRCP) inoculation; and

              c.  for all pets over four months old, rabies inoculation.

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

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

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

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

            3.  The licensed facility provides a living environment with sufficient area, dimension, design, ventilation, and cleanliness to assure the comfort and lack of distress of each animal and is operated and maintained in a manner that is compatible with neighboring properties; and

            4.  The pets have no additional litters until the 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, hobby catteries, or pet shops - reporting required.  Each animal shelter, hobby kennel, hobby cattery or pet shop shall monthly provide the manager with a list of all pets that it has given away or sold.  The list must include the origin, age, sex, color, breed, altered status and, if applicable, microchip number and license number of each pet given away or sold and the new owner'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.  In addition to imposing penalties provided in this title, the manager may condition, revoke, suspend, or refuse to renew any hobby kennel license or hobby cattery license for failure to comply with any condition of the license or permit or for any violation of this title.  Enforcement is stayed during 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.  An applicant who has had a license permit, or registration revoked or a renewal refused shall not be issued a hobby kennel license or a hobby cattery license for one 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 in Ordinance 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 such lawful action as appropriate to enforce:

            1.  This title;

            2.  Ordinance 10870, as amended, and K.C.C. Title 21A pertaining to animals; and

            3.  The laws of Washington pertaining to animals.

          B.  The manager, while pursuing or observing any animal in violation of this title, 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.

          C.  The manager may inspect any facilities licensed or permitted under this title to ensure compliance with this title and the 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. 1396 Art. III § 1, 1972).

 

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

 

          11.04.180  Violations - deemed public nuisances - abatement.  All violations of this title are detrimental to public health, safety and welfare and are deemed public nuisances, subject to abatement and other enforcement in accordance with this title or as otherwise authorized 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 title  or by law, any person whose animal is maintained in violation of this title shall incur a civil penalty as specified by K.C.C. 11.04.035.  All civil penalties assessed will be assessed and collected in accordance with the procedure 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 animal found to be at large.

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

          C.  Animals impounded under this section must be retained as follows:

            1.  Any currently licensed animal must be held for five calendar days after telephone contact to the owner or posting notice of impoundment on the front door of the living unit of the owner, or for at least fourteen calendar days after sending the owner notice of impoundment by regular mail;

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

            3.  The manager may provide medical care to an animal during impoundment.  Any animal suffering from serious injury or disease may be euthanized; and

            4.  Feral cats that are altered and ear tipped are exempt from the holding periods in this subsection and are subject to immediate disposition, at the discretion of the manager, which may include returning 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 the animal by paying the redemption and kenneling fees provided in K.C.C. 11.04.035 and any expenses the manager incurred altering, microchipping, and providing necessary medical care to the animal during the animal's period of impoundment.

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

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

            2.  Transferred to another animal welfare organization for adoption;

            3.  Placed into foster care;

            4.  Sold at public auction; or

            5.  Euthanized.

          F.  The county shall not sell any animals for the purposes of medical research to any research institute or any other purchasers.

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

          H.  Any pet impounded more than once shall be microchipped before 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 seek legal or equitable relief to enjoin acts or practices and abate any conditions that 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 for repeated notices and orders of violation.  In addition to other remedies provided in this title, the manager may order an animal removed from the county when the animal has been the subject of five or more notices and orders of violation in any two-year period.  (Ord. 19638 § 66, 2023).

 

          11.04.225  Additional enforcement - to further 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 manager determines 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 in K.C.C. 11.04.260.  The notice and order is subject to appeal, in accordance with K.C.C. 11.04.270.

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

 

          11.04.230  Public nuisances - defined and prohibited.  The following constitute public nuisances and are prohibited:

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

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

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

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

          E.  A domesticated animal that menaces a person or other domesticated animals under circumstances not meeting the definition of "potentially dangerous";

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

          G.  A domesticated animal that violates any provision of this title after a final determination of the animal being potentially dangerous, vicious, or dangerous;

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

          I.  A domesticated animal leaving the owner's premises 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 by the livestock's owner;

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

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

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

          N.  Bringing into King County, breeding, or having custody or control, even temporarily, of a potentially dangerous wild animal as defined in chapter 16.30 RCW as of June 17, 2023.  For purposes of this chapter, wolf hybrids and coyote hybrids are potentially dangerous wild animals;

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

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

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

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

          S.  Fail to remove the feces of their domesticated animal from another's premises and deposit the same in an appropriate receptacle;

          T.  Possess an exotic animal in violation of K.C.C. 11.28.030;

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

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

          W.  Bring a potentially dangerous or dangerous animal into King County without meeting the requirements of K.C.C. 11.04.275 or 11.04.285;

          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 away any fowl under three weeks old or any rabbit under two months old, as a companion animal, toy, premium, or novelty, or to color, dye, stain, or otherwise change the natural color of any such a fowl or rabbit; or

          Z.  Violate the prohibition on owning, caring for, 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).

 

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

 

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

          A.  A person may not harbor, keep, or maintain an exotic animal, unless an exception in RCW 16.30.020 applies.

          B.  An exotic animal harbored, kept or maintained in violation of this section is subject to impoundment.  If an animal 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 or failures to act - impoundment.

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

            1.  Injure or cause the death of any animal by 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 alleviate pain, suffering or injury the person has caused any animal;

         4.  Deprive any animal of care sufficient to maintain its health and well-being, by failing to provide:

           a.  food of sufficient 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 living environment with sufficient area, dimension, design, ventilation, and cleanliness to assure the animal's comfort and lack of distress;

           e.  shelter sufficient to protect against cold or heat; or

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

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

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

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

            8.  Lay out or 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 other substance or fluid, 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;

            9.  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; or

            10.  Abandon any domesticated animal, excluding feral cats.

            B.  The manager may impound an animal that has been subject to any of the acts, or failures to act, in this section.  If an animal is impounded under this section, then the procedures in RCW 16.52.085 shall 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 of this title, the manager shall commence proceedings the abate each violation.

          B.  The manager 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:

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

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

            3.  A statement to the effect that the manager has found a violation of this title, 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;

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

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

              c.  If the manager has determined to assess a civil penalty, the order must require that the penalty shall be paid within twenty-four days from the order;

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

            6.  Statements advising:

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

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

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

            1.  Personally;

            2.  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

            3.  By posting the notice of violation and order on the front door of the living unit of the violator, if the person is not home.

          D.  Proof of service of the notice of violation and order must 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. 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 parties aggrieved 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's conduct falls within the definition of a potentially dangerous animal, the manager shall designate the animal as potentially dangerous.  Following such a designation the animal's owner shall:

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

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

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

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

            2.  A posted warning sign;

            3.  The animal has been microchipped, with the 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 a brightly colored collar sufficient to restrain the animal.

          C.  At all times the potentially dangerous animal must:

            1.  Wear its collar and license tag;

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

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

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

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

          F.  Animals declared to be vicious under a prior version of this title shall continue to comply with all conditions prescribed by the manager at the time the animal was declared vicious.  Violation of any such condition shall constitute a violation of the requirements for a potentially dangerous animal and shall be subject to the same monetary penalty as a potentially dangerous animal violation in K.C.C. 11.04.035.

          G.  During the entire appeal process of a potentially dangerous animal designation, the owner shall keep the animal in a proper enclosure, or by other means approved by the manager.  It is a violation of this chapter for the owner appealing a declaration to allow or permit the animal to go beyond the premises of the owner unless such animal is securely leashed, under the control of a competent adult, and humanely muzzled or securely restrained in a carrier or crate, made in accordance with International Air Transport Association guidelines, while traveling in a vehicle.

          H.  The manager may immediately impound the animal upon a violation of any provision of this section.  The animal's owner shall 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 the animal will be destroyed if the deficiencies for which the animal was confiscated are not corrected within twenty-four days.  If within twenty-four days the owner cures the deficiencies for which the animal was impounded to the satisfaction of the manager, and the owner pays the costs of confinement and the penalty imposed, then the owner may redeem the animal.  The manager shall destroy the impounded animal if all violations of this section are not corrected, and all costs and penalties are not paid, within twenty-four days of notification.

          I.  It is the duty of every animal owner to always keep the owner's animals under proper supervision and control.  If an animal is designated potentially dangerous, the duty is upon the animal owner to comply with this chapter.  When an animal owner breaches these duties, the responsibility for any resulting injury or damage shall be on the animal owner and 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's conduct falls within the definition of a dangerous animal, the manager shall designate the animal as dangerous.  Following such a designation, the animal's owner shall:

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

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

          B.  The manager shall issue a dangerous animal registration if, within twenty-four days of the designation, the owner pays the fee 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 minimum size of three inches by five inches, and provides sufficient proof of all the following:

            1.  A proper enclosure and a posted warning sign;

            2.  The animal has been microchipped, with the 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 brightly colored collar sufficient to restrain the animal; and

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

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

               b.  is in a form acceptable to the manager;

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

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

               e.  shall be continuously maintained during the life of the registration;

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

               g.  a copy of such bond or liability policy is furnished to the manager, to allow the manager a reasonable time to review and determine whether it is sufficient to warrant a dangerous animal registration.

          C.  The manager may inspect the premises where a 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 on the owner's premises; and

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

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

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

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

          H.  A dangerous animal that is relocated outside King County is prohibited from reentering the county without prior written consent of the manager and a valid dangerous animal registration.

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

          J.  The manager shall immediately impound the animal upon a violation of this section.  The animal's owner shall 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 the animal will be destroyed if the deficiencies for which the animal was confiscated are not corrected within twenty-four days.  If within twenty-four days the owner cures the deficiencies for which the animal was impounded to the satisfaction of the manager, and the owner pays the costs of confinement and the penalty imposed, then the owner may redeem the animal.  The manager shall destroy the impounded animal if all violations of this section are not corrected, and all costs and penalties are not paid, within twenty-four days of notification.

          K.  It is the duty of every animal owner to always keep the animal under proper supervision and control.  When an animal is declared dangerous, the duty is upon the animal owner to comply with this chapter.  When an animal owner breaches these duties, the responsibility for any resulting injury or damage shall be on the animal owner and not King County.  (Ord. 19638 § 75, 2023).

 

          11.04.295  Aggressive attacks causing human injury or death - impoundment - removal.

          A.  The manager may immediately impound an animal when the animal aggressively attacks and causes severe injury to or death of any human without provocation, even where the animal had not previously been designated potentially dangerous or dangerous.  If the animal is impounded, the manager shall designate the animal as a dangerous animal and K.C.C. 11.04.285 shall apply, except the animal shall remain impounded during the entire appeal process, if any.

          B.  The manager may immediately impound an animal and the owner forfeits all rights to the animal if the animal is not removed 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 manager shall notify the owner of the reason for impounding the animal, that the owner is responsible for paying the costs of confinement, and that the animal is the property of the manager.  If within twenty-four days the owner provides to the manager a location for the animal to live outside of the county, including the name, address, phone number, and email address of the person or organization taking ownership of the animal to the satisfaction of the manager, and the owner pays the costs of confinement and the penalty imposed, then the owner may redeem the animal.  The owner shall ensure the animal is removed from the county immediately upon redemption.  The manager shall make a disposition of the 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 costs of 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 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. 1396 Art. III § 13, 1972).

 

          11.04.310  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. 1396 Art. III § 14, 1971).

 

          11.04.330  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 section, 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 K.C.C. chapter 2.98.  (Ord. 16861 § 34, 2010:  Ord. 6370 § 12, 1983).

 

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

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

          B.  In determining whether a waiver should apply, 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 as compared with the gravity of the violation; and

            4.  The effect on the owner, the animal's welfare and the regional animal services section if the fee or penalties are not 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 a misdemeanor to:

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

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

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

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

          E.  Own or maintain a pet shop, hobby kennel or hobby cattery, pet daycare facility, animal shelter, or pet grooming service without the operating permit or permits required by K.C.C. chapter 11.04, after having committed a related violation;

          F.  Sell, adopt, transfer ownership, or trade an unlicensed pet, except in accordance with K.C.C. 11.04.030, after committing a related violation;

          G.  Sell, adopt, transfer ownership, or trade an animal knowing it to be ill or injured, without disclosing the animal's illness or injury;

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

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

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

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

 

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

 

IV.  MANDATORY SPAY AND NEUTER PROGRAM

 

          11.04.400  Mandatory alteration - exceptions.

          A.  A person may not harbor, keep, or maintain any nonjuvenile pet that has not been altered, unless the person holds an unaltered pet license for the animal.

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

          C.  Any nonjuvenile pet adopted from an animal shelter 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 the applicant a voucher for paying all or part of the cost of an altering operation by a licensed veterinarian, with the amount of the voucher established by the manager based upon available resources and upon the council providing appropriation authority.  The manager shall compile, maintain, and make available to the public a list of veterinarians who accept the vouchers as full or partial payment for altering.  Vouchers are redeemable through the King County treasury by veterinarians who have performed an alteration on a pet licensed 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 a maximum euthanasia rate target is set to measure the progress towards reducing the rates of pets euthanized by the regional animal services section or its designees.  The euthanasia rates must calculated based on the total number of live 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 the director and those animals not in the custody of King County but brought to a King County shelter by their owner or guardian for the purposes of licensing, or clinic services, such as alterations and vaccinations, should the manager make those services available to the public.  The calculation of the euthanasia rate for a given year should include the inventory of pets carried over from the preceding year and exclude the inventory of pets carried over to the subsequent year.

          B.  The total number of pets euthanized by the regional 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 enable comparison 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 - advertising requirements.  No person in unincorporated King County shall publish or advertise to King County 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. 10423 § 9, 1992).

 

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

 

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

 

          11.04.595  Severability.  If any provision of this title or its application to any person or circumstance is held invalid, the remainder of the title or the application of the provision to other persons or circumstances is not affected.  (Ord. 19638 § 89, 2023).