HomeMy WebLinkAbout111014_ra02JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Philip Morley, County Administrator d9V
DATE: November 10, 2014
RE: Briefing on Draft Animal Responsibility Code
STATEMENT OF ISSUE: Staff is working to develop a new Animal Responsibility Code
pertaining to dogs and cats, and requiring dog licenses in unincorporated East Jefferson County.
Staff will present a briefing of the new code as a work in progress, to invite further public input
to help staff further improve the draft, in preparation of bringing a revised draft back to the
County Commissioners for further consideration and a public hearing.
ANALYSIS: Staff has been working with a variety of organizations to develop the enclosed
draft, and welcomes further public input on the attached working draft. Once finalized, a revised
draft would be brought back for County Commissioner consideration via a public hearing. After
a public hearing, if a new code is adopted by the Commissioners, it would replace the county's
existing Animal Responsibility regulations, now in Chapter 6.05 in the County Code.
To help staff develop the next iteration of the draft, staff seeks further suggestions from citizens
and organizations for possible improvements to the enclosed draft on or before November 14.
A copy of the working draft is enclosed with this Agenda Request memo, and is also available on
the County's home web page at www.co.jefferson.wa.us. Staff comments about some of the
sections are noted in the margins of the document.
Please email your comments and suggestions to Philip Morley at: pmorley cojefferson.wa.us
on or before November 14.
That timing will allow staff to make appropriate revisions, before we bring a new draft to the
BoCC on November 24, to set a public hearing date in December. This will be a second
opportunity for interested citizens and organizations to comment and propose changes to the
draft code.
After considering public testimony from the Public Hearing, the County Commissioners may
adopt a new Animal Responsibility ordinance, with or without further changes.
Below is a list of just some of the more significant changes. However, the public is encouraged
to review all sections of the attached draft, as there are changes in almost every section.
• Defines the Animal Shelter, Animal Welfare Facilities, Commercial Kennels and Private
Kennels
• Delegates different roles to Animal Control, the Shelter Operator, and the Licensing
Agent, allows the County to
• Fees in the Fee Schedule are revised to reflect current practice of which fees are set and
charged under County authority, and deleting from county code those that are established
by a Shelter Authority
• New provisions pertaining to dangerous dogs and potentially dangerous dogs.
• .020 many new or amended definitions
• .050 revises prohibitions for running at large on public property
• .080 New Howling and Barking regulations, including provision for livestock guard dogs
• .250 Dog license requirements are clarified
• .360 Kennel license procedures are detailed, including legal use status (DCD) and kennel
inspection by Animal Control or Licensing Agent.
• .380 Standards for Kennels, Shelters and Animal Welfare Facilities — brand new for our
county, based on standards from other counties. There is a process for existing facilities
to come into compliance over 6 years.
FISCAL IMPACT: Additional staff time may be required to apply new standards for kennels,
shelters and animal welfare facilities.
RECOMMENDATION: Review the enclosed working draft of a new Animal Responsibility
code, and provide comments for making further improvements to the draft.
REVI D Y•
P i rp Morl .y, C unty Adrvini ator Date
it DRAFT
AN ENTIRELY NEW CODE FOR §6.07 _NEW k
Chapter 6.07
ANIMAL RESPONSIBILITY
6.07.010 Purpose.
6.07.020 Definitions.
6.07.030 Seizing and Impounding.
6.07.040 Enforcement.
6.07.050 Running at large on public property.
6.07.060 Female in heat.
6.07.070 Harboring vicious or dangerous domesticated animal.
6.07.080 Howling and barking.
6.07.090 Injury to property.
6.07.100 Entry into establishments where food is served.
6.07.110 Chasing vehicles.
6.07.120 lumping and barking at pedestrians.
6.07.130 Running in packs.
6.07.140 Animal at large.
6.07.150 Releasing stray to Sheriff, Animal Control or Shelter Operator.
6.07.160 Injured or diseased animals.
6.07.170 Quarantine.
6.07.180 Adoption from Animal Shelter or Animal Welfare Facility — Spay /neuter
requirement— License requirement.
6.07.190 Shelter Operator — Duties.
6.07.200 Shelter Operator — Employees.
6.07.210 Notice of impounding.
6.07.220 Redemption of animal.
6.07.230 Interference with impounding.
6.07.240 Dog control zone established.
6.07.250 Dog license — Required.
6.07.260 Vaccination requirements for dogs and cats
6.07.270 Animal license — Fee.
6.07.280 Date due.
6.07.290 Issuance of licenses.
6.07.300 Licenses nontransferable.
6.07.310 Lost tags.
6.07.320 Unlawful to remove license tag.
6.07.330 Unlicensed dog — Impoundment.
6.07.340 Kennel license— Required for commercial kennels— Allowed for private kennels
6.07.350 Kennel license —Tag.
6.07.360 Kennel license — Application - Issuance — Fee — Due date.
6.07.370 Kennel inspection.
6.07.380 Standards for Kennels, Shelters and Animal Welfare Facilities.
1 of 29 vef 10 31 14
6.07.390 Violations — Penalty.
6.07.400 Violations — Abatement.
6.07.410 Notice of Infraction.
6.07.420 Contesting determination of infraction.
6.07.430 Hearing.
6.07.440 Failure to respond to Notice of Infraction.
6.07.450 Payment of penalty.
6.07.460 Fees collected.
6.07.470 Declaration of dangerous dog — Impounding of dog
6.07.480 Declaration of dangerous dog— Notice and hearing
6.07.490 Determination of potentially dangerous dog— Notice, administrative review and
appeal.
6.07.500 Registration of dangerous dogs— Requirements — Annual Fee.
Fee Schedule 1 -030
2of29 ver103114
� DRAFT
6.07.010 Purpose.
It is hereby declared the public policy of Jefferson County to encourage, secure and enforce
those animal control measures deemed desirable and necessary, for the protection of human
health, safety and welfare, and to the greatest degree practicable, to prevent injury to property
-
and cruelty to animal life. To this end, it is the purpose of this Chapter to: provide for a dog
control zone for licensing of dogs and cats; set standards for the humane use, care and
treatment of animals; control animal behavior so that it shall not constitute a nuisance; and
provide for the enforcement of county code and state law as pertains to animals. -
6.07.020 Definitions.
In construing provisions of this chapter, except where otherwise plainly declared or clearly
apparent from the context, words used in this chapter shall be given their common and
ordinary meaning and in addition, the following definitions shall apply:
(1) "Abatement" means the termination of any violation by reasonable and lawful
means determined by the animal control officer in order that a person or persons presumed to
be the owner or keeper shall comply with this chapter.
(2) "Animal" means any nonhuman mammal, bird, reptile, or amphibian.
(3) "Animal control" or "Jefferson County Animal Control" is a function of Jefferson
County government created by the County Commission to administer and enforce the
provisions of this chapter and local enforcement provisions of Title 16 RCW, said function to be
staffed per the direction of the County Commission. Animal Control shall be considered part of
the Jefferson County Sheriff's Office, subject to any subsequent written agreements to the
contrary.
(4) h'Animal Control Officer" is any person designatedl and duly authorized or
commented Dal l: ns wrftma this somim does .,.do.
commissioned by the County or the Sheriff for the purpose of administering or aiding in the
Y ty P P g g
+ha +me wco is a <memm afma •normal cano-ar pyramid we
have m decide of it is a job fine that more then one parson an hold
enforcement of this chapter and local enforcement provisions of Title 16 RCW, acting solely
(mat as how it is wdam now) or is nejob utk that only the
auperviaor ofine amity known as "Ammal Control "may hold? This
within the scope of that authorization or commission. The Sheriff, or any commissioned
daisroa is for the mire, makers bet dm sxvon will hams ter he
Deputy of the Sheriff, shall automatically be designated as an Animal Control Officer and may
momflmomtwekvawmavamwv.
exercise all rights and obligations of an Animal Control Officer authorized by this Chapter.
(5) "Animal shelter" or "shelter" means a facility which is designated by the County
to house or contain stray, homeless, abandoned, impounded or unwanted animals, and which
is owned, operated or maintained by a public body, or by an established humane society,
animal welfare society, society for the prevention of cruelty to animals or other nonprofit
organization devoted to the welfare, protection, and humane treatment of animals designated
by the County.
-
(6) "Animal welfare facility" or "welfare facility" means a facility other than an
animal shelter that controls, rescues, shelters, cares for, adopts out, or disposes of stray,
homeless, abandoned, or unwanted animals, and which is owned, operated or maintained by
an organization registered with the Washington Secretary of State's Office as a non - profit
humane society, animal welfare society, society for the prevention of cruelty to animals or
-
other nonprofit organization devoted to the welfare, protection, and humane treatment of
animals.
(7) "At large" means physically off the premises of the owner, handler, or keeper,
and not secured by a leash eight feet or less in length, or not otherwise under control of a
3 of 29 ver 10 31 14
competent person; provided, "at large" does not include dogs exhibited in dog shows, field
trials, obedience trials, or the training of dogs therefore; or the use of a dog under the
supervision of a person to hunt, to chase or tree predatory animals or game birds; or the use of
a dog to control or protect livestock or property or in other agricultural activities; or a dog when
otherwise safely and securely confined or completely controlled within or upon any vehicle; or
under control in a designated off -leash area; or dogs on duty for a law enforcement agency.
(8) "Cat" means a domesticated Felis catus.
(9) "Commercial kennel' means a place where five or more dogs (over six months of
age) and /or five or more cats (over six months of age), irrespective of duration, are boarded,
bred, bought, sold, exhibited or trained for compensation, but not including a pet shop, animal
shelter, animal welfare facility, or veterinary clinic /hospital where boarding is incidental to -
treatment.
(10) "Dangerous dog" means any dog that (a) inflicts severe injury or multiple bites -
on a human being without provocation on public or private property, (b) inflicts severe injury,
multiple bites, or kills an animal without provocation while the dog is off the owner's or
keeper's property, or (c) has previously been found to be potentially dangerous, the owner or
keeper having received Notice of such and the dog again aggressively bites, attacks, or
endangers the safety of humans or animals. If two or more dogs jointly engage in any conduct
described in this subsection, thereby rendering proof of the individual dog that inflicted any
particular injury difficult to ascertain, then regardless of the degree of participation by the
individual dog(s), all such dogs shall be deemed dangerous dogs. A dog shall not be declared
dangerous if the threat, injury, or damage was sustained by a person who, at the time, was
committing a willful trespass or other tort upon the premises occupied by the owner or keeper
of the dog, or was tormenting, abusing or assaulting the dog, or was committing or attempting
to commit a crime.
(11) "Day" means a calendar day unless otherwise described. In computing any
period of time prescribed in this chapter, the day of the act, event, or default from which the
designated period of time begins to run shall not be included. The last day of the period shall be
included, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until
the end of the next day that is not a Saturday, Sunday or legal holiday. Legal holidays are
prescribed in RCW 1.13.050.
(12) " Dog" means a domesticated Canis lupus familiaris, �ncluding wolf hybrids This - Cemm ted[PM2]: no ox waol t, wolf hrhd &ws
term includes but is not limited to "livestock guard dogs" as defined elsewhere in this section §7 )4 dogs? Wha[allycl daghybrids. i- Skagit
g 8 ( ) §Z0 ardosrareodauyaao�aawiarids i^ v acw
and "adult dogs," which is defined to include any dog which is six (6) months old or older. 10530 010(2) .
(13) "Domesticated animal" in this chapter means derwesdEdogs and cats.
(14) "Enforcement Officer" means a person authorized by the Sheriff to enforce the
provisions of this Chapter, said authority being limited to the issuance of civil infractions. The -
Sheriff, or any commissioned Deputy of the Sheriff, shall automatically be designated as an
Enforcement Offices
(15) "Euthanasia" means the humane destruction of an animal accomplished by a
method that involves instantaneous unconsciousness and immediate death, or by a method
that causes painless loss of consciousness, and death during such loss of consciousness.
(16) "Exhibits vicious propensities" means:
4 of 29 ver 10 31 14
(a) The infliction of a bite, or bites, on a human being or animal, either on public or
private property; or (b) Killing or severely injuring an animal while the dog or cat is off the
owner's or keeper's property;
(c) Provided, the above definition of vicious propensities shall not include those
affirmative defenses described in RCW 16.08.100(2) and (3).
(17) 'Intermittent Noise' is defined as including any of the following: 1) noise of 15
seconds or more duration occurring five or more distinct times within a 30 minute period or 2)
noise of 15 seconds or more duration occurring three or more times in 10 minutes, 3) noise
occurring continuously for 5 minutes or more or 4) any quantity of noise in a 15 minute period
heard in person by an Animal Control Officer that the Animal Control Officer concludes
constitutes an intermittent noise. I.
`,�' CM1110n4tl[PMi3: How doos tuts wmpve to Noise
____..
(18) "Jefferson County" means the unincorporated area of Jefferson County,
omimpae?
Washington and within any governmental entity or incorporated area as provided by contract
to the extent the entity or city has adopted provisions of this chapter.
d Animal l'8..a.....1 loft:...._" .. .. the tasked the
p.........
(19) with sypem4sing
«
d_.. ,. _ _ ..f w..i.r._1 P__«._1 T h a 6trn.__9F6 _«1._e1.eFg
Ne
,- CMn11M11ted IPM41: Haminate use ofttde teen ? Not used
a.u.......nsa 1...,d
ssy uonainrestofohapees.
(cp)«..
eels .. e .......
(21) "Licensing Agent" means Animal Control or those entities or departments
CanmenleA IPMSJ: Mwe use this W.
designated by the County Commission to receive license applications and issue licenses under
I Vwe do,w needto add thfs to reflect bow tba individual Itomeas
and kennel licenses az 11, wori .
this chapter.
(22) "Livestock" shall have the same definition as found in Chapters 16.12 through
16.20 RCW as currently enacted or as may be in the future amended.
(23) "Livestock guard dog" means a dog demonstrably trained for the purpose of
protecting livestock from attack or for herding livestock
,. -- CmMentea[PMel: ones dus Qeate a loophole tnatwillx
(24) "Owner, handler or keeper" means any person, firm, corporation, organization
abused and became a pnoblwn?
or department possessing, harboring, keeping, having an interest in or having control or
-.
custody of an animal, regardless of whether the animal is licensed pursuant to the ordinance
codified in this chapter. Collectively, -these terms shall be known as "owner."
(25) "Pack of dogs' means a group of two or more dogs running at large, as that term
is defined in this Code
- -
(26) "Pet shop" means legally permitted establishment where animals bred off the
premises are offered for sale to the public.
(27) "Potentially dangerous dog" means any dog that when unprovoked: (a) inflicts
bites on a human or animal either on public or private property, or (b) chases or approaches a
person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent
attitude of attack or (c) any dog with a known propensity, tendency, or disposition to attack
unprovoked, to cause injury, or otherwise to threaten the safety of humans or animals.
(28) "Premises" means the area of land surrounding a house, or dwelling unit or
units, and actually or by legal construction forming an enclosure and to which the owner or
keeper of a dog has legal and equitable right therein. "Premises" does not extend into areas of
common ownership or use in the case of easements, trailers parks, apartment complexes,
private communities, etc.
5of29 ver103114
(29) "Private kennel" means a place, other than an animal shelter or animal welfare
facility, where five or more dogs (over six months of age) and /or five or more cats (over six
months of age) are kept for personal noncommercial purposes. If more than �ightdogs (over six commented [PM7]: Tana
months of age) and /or ten cats (over six months of age) are kept at a private kennel, then there
shall be a rebuttable presumption such a location or establishment shall be deemed a
"commercial kennel," regardless of whether the owner or keeper receives compensation.
(30) "Proof of vaccination" means a health or rabies certificate issued by a licensed
veterinarian.
(31) "Proper enclosure of a dangerous dog" means, while on the owner's or keeper's
property, a dangerous dog shall be securely confined indoors or in a securely enclosed and
locked pen or structure, suitable to prevent the entry of young children and designed to
prevent the animal from escaping. Such pen or structure shall have secure sides and a secure
top and bottom enclosure, and shall also provide protection from the elements for a dog.
(32) "Service animal" means any guide dog, signal dog, or any other animal
individually trained to provide assistance to an individual with a disability.
(33) "Severe injury" means any physical injury which results in a broken bone,
disfigurement, laceration requiring suture(s) or surgery, or multiple bites requiring medical
treatment.
(34) "Shelter Operator" means the person, entity, or organization charged by the
County Commission with managing and operating the Animal Shelter, said management or
operation being subject to any relevant Interlocal Agreement between the County and another
city or county.
(35) "Sheriff" means the person serving as Sheriff for Jefferson County via election or
appointment.
(36) "Stray" means any domesticated animal loitering in a neighborhood or public
place without an apparent owner or home.
(37) "Under control" means the animal, while off of a leash and /or off the owner's
premises, is under voice and /or signal control of a competent person so as to be thereby
restrained from approaching any bystander or other animal and from causing or beingthe
cause of physical or property damage.
6.07.030 Seizing and Impounding.
All seizing of domesticated animals as provided for in this chapter shall be done by Animal
Control. Seized animals shall be delivered for impoundment to an animal shelter designated by
the county. All impounding of domesticated animals as provided for in this chapter shall be
performed by the Shelter Operator in an animal shelter designated by the county.
6.07.040 Enforcement.
Whenever a power is granted to or a duty imposed upon Animal Control for the enforcement of
this Chapter and local enforcement provisions of Title 16 RCW, that power may be exercised or
the duty performed by such persons who are designated and duly authorized or commissioned
by the Sheriff to aid in the enforcement, acting solely within the scope of that authorization or
commission.
6 of 29 ver 10 31 14
Commented [PMa1: ? Should wu im,mod say "authontt or
wmomsioned by the ComW' u more generic (including Shell'
com.,iors), since BuCC couW designate usher m mieations or
,mmclicdon te do limited eN'omemem acmmio mo i,.191
6.07.050 Running at large on public property.
It is unlawful forth e owner or person having control of any domesticated animal to suffer or
permit it, whether licensed or not, to run at large in any public property, including but not
limited to any public: park, beach, pond, fountain or stream therein, playground or school
ground, building, roadway, street, alley, trail or sidewalk. Any animal so straying, entering or
trespassing upon such property is declared to be a nuisance and may be immediately seized
and impounded; provided, that this section shall not prohibit a person from walking or
exercising an animal in those areas when such an animal is on leash, or under control by a
competent person, and proper safeguards are taken to protect the public and property from
injury or damage from the animal, unless the area is posted that dogs and /or cats are not
allowed. This section shall not apply to any real property that is designated with formal signage
and demarcated boundaries as an "off leash" area.
6.07.060 Female in heat.
It is unlawful for any owner to keep a female domesticated animal, whether licensed or not,
while in heat, under circumstances where the animal is accessible to other animals except for
purposes of controlled and planned breeding. Any such animal, while in heat, accessible to
other animals is a nuisance and may be immediately seized and impounded.
6.07.070 Harboring vicious or dangerous domesticated animal.
(1) It is unlawful for any owner to keep, harbor or maintain on or off the owner's premises in a
manner liable to endanger the safety of persons or property lawfully upon the premises, or
upon any street, avenue, alley, public or private place, or to allow to run at large within
Jefferson County, any dog exhibiting vicious propensities. Such animal is a nuisance and may
be immediately seized and impounded.
(2) At a hearing contesting determination of infraction of this section or a mitigation hearing,
the court, as a part of the penalty imposed, may determine in its judgment whether or not the
animal is vicious or dangerous and whether or not it shall be destroyed or otherwise disposed
of. The cost thereof shall be taxed as a part of and collected in the same manner as other costs
in the case.
6.07.080 Howling and barking.
No person may allow an animal to unreasonably disturb any person(s) by habitual barking,
howling, yelping, whining, baying, squealing, crowing, crying, or making any other noises which
by the frequency or volume unreasonably disturbs or interferes with the peace of any person(s).
(1) The animal noise is per se deemed to have unreasonably disturbed or interfered with the
peace of any person if the noise is continuous for a period of ten (10) or more minutes or
constitutes intermittent noise (as defined in this Chapter) within any period of thirty (30)
or more minutes, and
a. the noise from an animal(s) occurs during the hours of 10:00 pm and 7:00 am and
may be heard 100 feet from the perceived property line where the source
animal(s) is /are located; or
7 of 29 ver 10 31 14
b. the noise from an animal(s) occurs during the hours of 7:00 am to 10:00 pm and
may be heard 150 feet from the perceived property line where the source
animal(s) is /are located.
(2) A violation of this section may still occur if the noise is heard at distances less than those
stated above, given the proximity of the houses or structures to one another, or location
of the source animal to the location of the complaint but only upon written explanation
bythe Animal Control Officer of the circumstances that caused the Animal Control Officer
to conclude this section has been violated.
(3) A violation of this section is a Class I Civil Infraction. -
(4) It shall be an affirmative defense to this section if the animal was intentionally provoked
to make such noise, by a person other than a person at the residence where the animal
resides.
(5) Noise from a :livestock guard dog on property subject to JCC 18.15.095(3), when such -
noise is produced to actively herd livestock or protect it from an active threat, shall be
exempt from this section. Noise from a livestock guard dog that is produced for other
purposes other than to actively herd or protect livestock from an active threat is not
exempt. �he burden shall be on the owner of the noise-making dog to provide evidence _ cammenfea [vere7:mwewmnp have an «emPwop fog
to the Animal Control Officer or the court that this exemption should be deemed b mak guard aoa. al wauabe abused asari.e ae11 wben
P Mere are noise cmnpal about dogs Nrvnl settings? 1•ve added
applicable. mnguage iv av anemptrotlgncen Min pom,tiaI hmpbpte.
(6) Any such animal violating this section shall be deemed a nuisance and may be seized and
impounded if the disturbance reoccurs after the owner or custodian of such animal has
received two warnings within six months from Animal Control
6.07.090 Injury to property.
It is unlawful for any owner to suffer or permit any dog to trespass on private or public property
so as to damage or destroy any property or thing of value. The same is a nuisance and any such
animal may be seized and impounded.
6.07.100 Entry into establishments where food is served.
It is unlawful for any owner to suffer or permit any dog to enter any place, building or hall
where food is stored, prepared, served or sold to the public; provided, that this subsection shall
not apply to a guide dog or service animal pursuant to RCW 49.60.218; to dogs used by
armored car services or law enforcement agencies; or to veterinarian offices or hospitals; or to
dog exhibitions or organized dog training classes.
6.07.110 Chasing vehicles.
It is unlawful for any owner to suffer or permit any dog to in any manner obstruct, chase, run
after or jump at vehicles lawfully using the public streets, avenues, alleys and ways. The same is
a nuisance and any such dog may be seized and impounded.
6.07.120 Jumping and barking at pedestrians.
It is unlawful for any owner to keep or harbor without restraint or confinement �my dog that
Cwnmeneea [IaNlo7: snwid.�e aelece °wiMowea"amror
frequently or habitual) snarls and growls at or snaps jumps on or threatens persons
Q Y Y B P 1 P P p
°°°t' "°"pit oKrobmge beneina,Wetpeopie�Me
aidewaikio "Me oMer aiaea some mar baiiwe� "aging from
betwM a fence is OK.
8 of 29 ver 10 31 14
lawfully upon �ny sidewalks, streets, alleys or public places. The same is a nuisance and any
such dog may be seized and impounded.
6.07.130 Running in packs.
It is unlawful for an owner to suffer or permit any dog to run in a pack of dogs. The same is a
nuisance and any such dog may be seized and impounded.
6.07.140 Animal at large.
(1) It is unlawful for the owner or keeper of any domestic animal whether licensed or not, or
any fowl, livestock or any such animals to allow such animal to be at large or to roam, stray or
be away from the premises of the owner or keeper, or to enter or be on the private property of
another without permission of the owner or lawful custodian of such property.
(2) Any stray domesticated animal running at large in the county is a nuisance, and may be
seized and impounded.
(3) Animal Control may request that a person requesting impoundment under this section first
apprehend and secure such animal, provided that the animal does not appear vicious or
diseased.
6.07.150 Releasing stray to Animal Control or Shelter Operator.
It shall be the duty of each person who shall take into his possession any stray animal not
placed in his possession by the person having lawful ownership, custody or control thereof, to
notify at once Animal Control or the Shelter Operator. It is unlawful to refuse to release such
animal to Animal Control or the Shelter Operator upon demand, and there shall be no charge or
fee for notification or release of such animal to Animal Control or the Shelter Operator.
6.07.160 Injured or diseased animals.
Any animal suffering from serious injury or disease may be destroyed by Animal Control or the
Shelter Operator; provided, that if the owner is known Animal Control or the Shelter Operator
shall notify the owner prior to destruction, and if the owner is unknown, shall make all
reasonable efforts to locate and notify the owner, prior to destruction. Reasonable veterinary
consultation and treatment may be acquired at discretion of Animal Control or the Shelter
Operator.
6.07.170 Quarantine.
(1) Any animal that bites or otherwise breaks the skin of any person, regardless of whether that
person be on public or private property, may be impounded and quarantined for at least 10
days to determine whether the animal is infected with any disease that may have been
transmitted to the victim. If approved by the Sheriff or Animal Control, the owner or keeper
may quarantine the animal on his/her premises. It is a violation of this chapter to refuse
required quarantine of an animal which has broken the skin of any person.
(2) Kennel fees for the quarantine period and any unpaid license fees are to be paid by the
owner of the animal and release of the animal is conditioned upon payment of these fees.
9 of 29 ver 10 31 14
Comme= IPM111: Coves PW,. and pr ivate stress, per
cwvmeufrom M� Services..
Ownerless animals maybe humanely destroyed and referred to the local health department for
analysis.
6.07.180 Adoption from Animal Shelter or Animal Welfare Facility — Spay /neuter requirement
— license requirement.
(1) Any person adopting an unspayed or unneutered dog or cat from a designated animal
shelter or from any animal welfare facility in Jefferson County shall have the animal spayed or
neutered before taking custody, or on or before the date to be specified in a written adoption
agreement. However, if a licensed veterinarian states in writing that the date specified in the
adoption agreement is inappropriate for the animal in question, the adoption agreement may
be modified accordingly upon submission of a written statement from a licensed veterinarian to
the officer at the shelter or welfare facility who is responsible for ensuring compliance with this
section.
(2) Any dog or cat being redeemed or adopted from an animal shelter or animal welfare society
in Jefferson County to a person residing in unincorporated East Jefferson County shall be
licensed upon redemption or adoption, and said person shall pay any unpaid license fees before
taking custody.
(3) i Shelter Operator or animal welfare facility may set and collect fees for adoption from its
facility, and for spaying or neutering a dog or cat.:
6.07.190 Shelter Operator — Duties.
The Shelter Operator shall accept custody of all animals subject to impounding as prescribed by
county ordinance, and shall also accept custody of stray and abandoned animals from
unincorporated East Jefferson County delivered to it by the public. There shall be no charge for
accepting custody of stray and abandoned animals, however the Shelter Operator may charge a
surrender fee to an owner that is relinquishing their animal (see fee schedule). I Such animals
shall be provided with proper care, food and water while confined. The Shelter Operator shall
provide for the redemption, adoption, licensing and disposal of such animals as authorized by
law, and shall perform other duties assigned to it under this Chapter) and such other duties as
may be delegated to it by the County. the Shelter Operator may charge applicable fees
pursuant to the Fee Schedule of the Jefferson County Code and as may be authorized by the
county. The Shelter Operator shall 'Collect and dispose of all dead animals found on public lands
in unincorporated East Jefferson County, and if the owner is known a fee may be collected
therefrom for such services pursuant to the Fee Schedule.
6.07.200 Shelter Operator — Employees.
Designated employees of the Shelter Operator over the age of 21 years may be made Special
Animal Control Officers by the Jefferson County Sheriff and charged with the duty of enforcing
certain ordinances of Jefferson County and statutes of the state of Washington relating to the
care, treatment, control, impounding and licensing of animals. A special deputy sheriff
commission shall be issued to such employees by, and at the discretion of, the Sheriff of
Jefferson County and may be revoked at the will of the Sheriff, and when so revoked, such
appointment shall cease and be null and void.
10 of 29 ver 10 31 14
Comnerltdd[PMSI]: AUtlsorizes Ne Sheltr orAWFmse[ own
-. adoptianf Wedon't se[Nmn.
Canmcstrd IPM131: This is wiat mureMY ocwn.
Canmented JPM141: Allows Shaker Opmemr a pmfhem other
,..I em,miom
ofPT d we contimx m
arrfl,o u it M ow wnoam wnh the Shelmr Operemr..
C0r11n1d1tld [PHIS]: Generic euthorimuon [or Shelter fees in
Fee Schcdule. '
Commented [PM161: D,r s Shelter Open r, Animal Control,
or dwd Works mllmt Co dsR Does ahelarOcemmr accept j
tlse d ®d animals from the CO for disposalR
Ifnot the Sheher Opmazor, d,ie svnmce nwds m ba mWi ird and
mo e I
6.07.210 Notice of impounding.
When any animal is impounded under the provisions of this chapter, Animal Control or the
Shelter Operator shall as soon as feasible notify the owner, if the owner is known, of such
impoundment and the terms upon which the animal can be redeemed. If the owner of the
animal so impounded is unknown, then Animal Control or the Shelter Operator shall make all
reasonable efforts to locate and notify the owner of the impounding of the animal. Any animal
so impounded shall be held for the owner at least five days.
6.07.220 Redemption of animal.
(1) The owner of any domesticated animal, which is impounded, may redeem it subject to the
following conditions:
(a) Payment of an impound fee (see fee schedule);
(b Payment of any unpaid license fee if the animal is a dog (see fee schedule);
(c) Payment of a redemption fee for the return of the animal to its original owner (see fee
schedule); and!
(d) Payment of a board fee (see fee schedule) per day or part thereof for board of the
animal during the impound period, which may be reduced or waived based on ability to
pay or extenuating circumstances.
(2) If said animal is not redeemed by the owner within five days, the Shelter Operator, after
complying with JCC 6.07.210, may take the following action:
(a) Hold the animal for an additional length of time for the owner;
(b) Sell or adopt the animal as a pet to another person; or
(c) Destroy or otherwise dispose of the animal.
(3) If the animal is diseased such as to be an imminent threat to the public health or other
animals, the animal may be immediately destroyed; provided the Shelter Operator has made a
reasonable attempt to locate and notify the owner. Veterinary consultation is at the discretion
of the Shelter Operator.
6.07.230 Interference with impounding.
Any person who interferes with, hinders, delays or impedes any officer in enforcement of the
impounding provisions of this chapter commits a violation punishable as provided in JCC
6.07.390 et seq.
6.07. 200 Dog control zone established.
A county dog control zone is established pursuant to Chapter 16.10 RCW to provide for the
licensing of dogs, including the following territory: All unincorporated areas within East
Jefferson County, Washington.
I 1 of 29 ver 10 31 14
COn1 IPM171:Refereuci,.ist,f..Fx Schdule. )
6.07.250 Dog license — Required.
It is unlawful for any person to own, keep or have control of any dog over the age of six months
in the County Dog Control Zone unless said person, firm, corporation, organization or
department has procured a license therefore as provided in this chapter. A person may license
a dog six months or less in age, a dog in other portions of Jefferson County, and cats, and shall
pay the license fees as provided in this chapter and the Fee Schedule.
The requirement to procure a license shall not apply under the following circumstances:
(1) The owner has been a resident of the County Dog Control Zone for 30 days or less; or
(2) The owner has owned, kept or been in control of the dog for 30 days or less or the dog, at
the time of application for license, is less than six months of age.
These exceptions do not apply to licenses required at the time of adoption or redemption from
an animal shelter or animal welfare facility in Jefferson County.
6.07.260 Vaccination requirements for dogs and cats
All dogs and cats six months of age or older shall be vaccinated against rabies. The owner of
such dog /cat shall at the time of licensing provide the licensing agent with proof that such
dog/cat has been vaccinated against rabies as well as the expiration date of such vaccination.
An owner who refuses to provide proof of such vaccination upon request by the licensing agent
or his /her designee shall be deemed to have failed to provide such proof.
6.07.270 Animal license — Fee.
The following fees shall be paid for animal licenses under this chapter:
(1) For each dog or cat spayed or neutered (upon proof of spaying or neutering), see fee
schedule;
(2) For each dog or cat not spayed or neutered, see fee schedule;
Provided, that licenses and tags shall be provided free of charge by the Licensing Agent to
hearing aid dogs properly trained to assist the hearing impaired and to guide dogs properly
trained to assist blind persons when such dogs are actually being used to assist the hearing
impaired or blind person in the home or in going from place to place; to dogs being currently
trained for such purposes in a school or program approved or accredited by a professional
organization or association, either for profit or not for profit; and to young dogs being raised, to
be trained on reaching maturity as guide dogs, under the 4 -H program known as "Guide Dogs
for the Blind." Licensing agents, in writing such licenses, shall insert the words "Hearing Aid" or
"Guide Dog" in the space allotted for, and in place of, a stated fee.
6.07.280 Date due.
�11 animal licenses shall be good for two years from the date of purchase) and a lifetime license
shall be good for the remainder of the animal's life. i
12 of 29 ver 10 31 14
Cmnwated[PM18]: Distinguishanimallicense fom a Ka [
fiw..
Current fees and pawboe ue 2 yeu Muns or a lifetime license.
Caamented IPM193: Howdo wehmdlelmerenew ?
-b there a penahy?
-Does Ne ongiiml expvavoNremwal mniversary date apply, or
6.07.290 Issuance of licenses.
It shall be the duty of the Licensing Agent to issue licenses to persons applying therefore upon
payment of the license fee as provided in JCC 6.07.250 and JCC 6.07.270 and to issue a tag for
each animal licensed. The license shall be dated and numbered and shall bear the name of
Jefferson County, Washington, the name and address of the owner or keeper of the animal
licensed, the name of the animal, knd a description of the animal, including its age and se> . The
tag shall bear the name of Jefferson County, Washington, a serial number corresponding with
the number of the license, and the date of expiration. It shall be the duty of every owner or
keeper of a dog in the County Dog Control Zone to keep a substantial collar on the dog and
attached firmly thereto the license tag for the current year; provided, that this provision shall
not be maintained to apply to a hunting dog in a controlled hunt by a competent person or to
show dogs on the show grounds or to dogs engaged in formal obedience training. As an
alternative to a license tag, an animal may be identified as licensed by being tattooed on its
inside ear or on its inside thigh or groin with a permanent license number approved and on file
with the animal licensing agent. �he Licensing. Agent shall perform other licensing duties as may
be delegated to it by the County. I_.
6.07.300 Licenses nontransferable.
Animal licenses as provided in this chapter shall not be transferable from one animal to
another; provided, that nothing contained in this section shall be construed to prevent a license
being transferred from one owner to another.
6.07.310 Lost tags.
Lost tags may be replaced by a substitute identification tag upon payment of a fee as provided
in the fee schedule, to the Licensing Agent.
6.07.320 Unlawful to remove license tag.
It is unlawful for any person other than the owner or keeper to remove a license tag from any
dog licensed under the provisions of this chapter.
6.07.330 Unlicensed dog — Impoundment.
All dogs in the County Dog Control Zone not exhibiting a valid current license as required herein
are in violation of this chapter and may be seized and impounded.
6.07.340 Kennel license— Required for commercial kennels — Allowed for private kennels
It is unlawful for any person to own, maintain or operate a commercial kennel in the County
Dog Control Zone unless said person has procured a kennel license. However, for a private
kennel, the owner shall either obtain a kennel license, or shall obtain licenses for individual
animals as otherwise required in this chapter.
6.07.350 Kennel license —Tag.
The kennel license shall contain its date of expiration and shall be prominently displayed at the
place of operation.
13 of 29 ver 10 31 14
Commented[PM201:Dom6 nMrefiningmrefleacu wt
Commented [PM211: Added w 11 w Licensing Agem m
perform lre '1 for Cityof PT fwe cpnwrvaroauthorirert
At the time the kennel license is issued, the person receiving same shall also be issued an
individual license tag for eaeh __imal kept ^ the keReek inGlu iRg each adult dog or cat, and
each juvenile dog or cat owned or possessed for sale. This tag shall bear the name of Jefferson
County, Washington, the same number as the kennel license, and the date of expiration. No 7 - canmented[PMZ2]: Showav�.e,i,o beeunryuonror h
further licensing is required for such animals until the license expires.
It is the responsibility of the licensee to transfer to the licensing agency the new owner
information at the time of sale or transfer of ownership.
Individual kennel license tags shall not be issued for individual dogs or cats boarded on a limited
time basis (30 days or less) at a recognized boarding kennel.
6.07.360 Kennel license — Application - Issuance— Fee — Due date.
(1) Kennel licenses shall be issued by the Licensing Agent.
(a) A kennel license applicant shall submit a license application for each kennel in a form
prescribed by the Licensing Agent, including but not limited to:
(i) Name, address, and telephone number of the owner or operator of the kennel
and the name and address of the facility;
(ii) Whether the kennel license is for a commercial or private kennel, and a brief
description of the magnitude and nature of the contemplated operation; and
(iii) A written statement from the Jefferson County department of community
development verifying that the kennel is a permitted use or a legal nonconforming
use under the County s Unified Development Code (Title 18 JCC). Such written
statement shall be kept on file by the Licensing Agent, and anew statement shall
not be required for renewals in subsequent years unless the location of the kennel
has changed.
(b) License Issuance. The Licensing Agent shall issue the license or renewal thereof
upon:
(i) Submittal of a license application consistent with subsection (1)(a),
(ii) Payment of the applicable license fee,
(iii) A valid compliance verification statement from the department of community
development having been submitted or on file with the Licensing Agent, and
(iv) An inspection by Licensing Agent or Animal Control finds that the kennel
operation or contemplated operation meets the requirements of JCC 6.07.380.
(c) For license renewals, the license applicant shall meet the above requirements no less
than thirty calendar days prior to the date of expiration of the existing license.
14 of 29 ver 10 31 14
(2) License fee. A flat fee (see fee schedule) shall be paid for a kennel license for a commercial
kennel or a private kennel under this chapter, regardless of the size of the kennel operation.
However, for a private kennel, the owner shall either obtain a kennel license, or shall obtain
licenses for individual animals as otherwise required in this chapter, and pay the corresponding
fee.
(3) Due date. All kennel licenses granted under this chapter shall be due and payable the first
day of January of each year. If the kennel license fee is not paid on or before February 28th of
each year, the applicant shall pay a penalty fee (see fee schedule) in addition to the regular fee
as stated above; provided, the applicant shall not pay the penalty fee if the applicant has
owned, maintained or operated the kennel for one month or less.
6.07.370 Kennel inspection.
Prior to the issuance or renewal of any kennel license, or during the term of the kennel license,
the Licensing Agent or Animal Control may, between the hours of 9:00 a.m. and 5:00 p.m., upon
Notice, enter the kennel premises of the applicant and make an inspection to ascertain the
number of dogs or cats maintained by the applicant, and to determine if the kennel complies
with the standards in JCC 6.07.380. Entry for such inspection shall not constitute a trespass.
Upon issuance of the kennel license and throughout the term of the license, the kennel
premises of the licensee may be subject to inspection upon the same conditions as above, for
the same purposes. Failure by the license applicant or holder to allow a kennel inspection
pursuant to this chapter or failure to comply with the standards in JCC 6.07.380 may cause the
kennel license to be denied or revoked by the Licensing Agent.
6.07.380 Standards for Kennels, Shelters and Animal Welfare Facilities.
(1) Facility requirements for Kennels, Shelters and Animal Welfare Facilities:
(a) Indoor and outdoor animal housing facilities shall be in good repair, protect the
animals from injury, and shall provide sufficient security to contain the animals while
preventing entry by unwanted animals, and meet species- specific requirements including,
but not limited to, temperature, humidity, and light, and provide exercise areas
appropriate to the animals' size, breed, and characteristics.
(b) Indoor facilities shall:
(i) Provide the animal with adequate space for movement and ability to sit, lie,
stand, and stretch without touching the sides or top of housing. For cats and dogs,
the primary enclosure for each animal shall meet or exceed the space requirements
of 9 CFR Ch. 143.6(b)(1) and (c)(1) (1 -1 -00 Edition);
(ii) Primary enclosures must be placed no higher than forty -two inches above
the floor and may not be placed over or stacked on top of another cage or primary
enclosure;
15 of 29 ver 10 31 14
(iii) Be heated or cooled to protect the animals from temperatures to which
they are not acclimated or are not suited by virtue of breed, health, or age;
(iv) Be sufficiently ventilated at all times to provide for the health of the animals
and minimize odors, drafts, ammonia levels, and prevent moisture condensation;
(v) Have interior walls, ceilings, and floors that are resistant to absorption of
moisture or odors;
(vi) Have flooring with a surface that can be sanitized and treated to minimize
growth of harmful bacteria, said flooring shall not be constructed with wire or other
materials that may damage or irritate animals' feet;
(vii) Have a waste collection and removal system that facilitates cleaning and
permits maintaining the facility in a sanitary condition;
(viii) Have sufficient lighting to allow for observation of the animals at any time of
day or night;
(ix) Have available a washroom with sink for hot and cold running water; and
(x) Housing facilities must have a means of fire suppression, such as functioning
fire extinguishers, on the premises.
(c) Outdoor facilities shall:
(i) Provide adequate shelter and protection from adverse weather; provide
shelter and protection from extreme temperatures and weather conditions that
may be uncomfortable or hazardous to the animals; and provide sufficient shade to
shelter all the animals housed in the primary enclosure at one time;
(ii) Provide sufficient room for adequate exercise and movement; and
(iii) When no indoor facility is available, outdoor facilities shall also:
(A) Have flooring with a surface that can be sanitized and treated to minimize
growth of harmful bacteria;
(B) Have a waste collection and removal system that facilitates cleaning and
permits maintaining the facility in a sanitary condition; and
(C) Have available a washroom with sink for hot and cold running water.
(d) Substantial compliance exceptions authorized: Kennels lawfully operating prior to the
adoption of this Chapter may obtain a Kennel license despite their non - compliance with
one or more of the mandatory requirements listed in this section if the Licensing
16 of 29 ver 10 31 14
Authority is able to make written findings that the subject kennel is in "substantial
compliance" with the requirements listed here and that non - compliance with one or more
of the requirements of this section will not endanger or harm the animals housed at that
kennel.
(e) Any kennel issued a license based upon a written finding of its "substantial
compliance' with the requirements listed here shall have six (6) years from the issuance
date of its first "substantial compliance' license to achieve full compliance with all the
requirements listed here. Absent a written showing that achieving full compliance would
cause an undue hardship, at the end of the six year period described here a "substantial
compliance" licensee who has not yet achieved full compliance with these requirements
may be denied renewal of its license and be deemed an unlawful kennel.
(2) Operation requirements for Kennels, Shelters and Animal Welfare Facilities
(a) Adequate food and water for each animal in sufficient quantity and quality to
sustain the animal in containers designed and situated to allow the animal easy access; and
proper habitat and medical attention, if needed, shall be provided at all times;
(b) Food shall be stored in a fashion that prevents contamination or infestation;
(c) The facilities shall be maintained and operated in a healthful and sanitary manner,
free from excrement build -up, disease, infestation, and foul odors;
(d) Provide each animal with appropriate exercise, according to its breed and condition.
(e) Sick animals shall be isolated from healthy ones;
(f) Sick or injured animals shall receive appropriate medical treatment by or under the
auspices of a licensed veterinarian without delay when necessary. Records shall be
maintained reflecting treatment, care, dates of veterinary visits, and the name of the
veterinarian and veterinary clinic providing treatment. Sick or injured animals shall not be
sold, bartered, or otherwise transferred from a commercial kennel, shelter or animal
welfare facility to a new owner until the illness or injury is substantially healed, unless such
transfer is to an animal shelter or animal welfare facility that assumes all responsibility for
providing the appropriate medical treatment;
(g) Cats and dogs shall receive age- appropriate vaccines and anthelmintics. Records of
such shall be maintained for each animal and made available to Animal Control and the
Jefferson County Public Health Department, including the name and address of the
attending veterinarian, if applicable;
(h) A copy of all medical records including, but not limited to, the records described in
subsections (2)(f) and (g) of this section shall be provided to new owners at the time the
ownership of the animal is transferred, or to Animal Control upon request.
17 of 29 ver 10 31 14
6.07.390 Violations — Penalty.
Any person, who violates any provisions of this Chapter shall incur a civil penalty, except as
listed in 1CC 6.07.080(5). The penalty for the first violation shall be as listed in the fee schedule.
This penalty shall not be suspended or deferred. The penalty for a second violation of the same
section of this chapter shall as listed in the fee schedule. The penalty for a third violation of the
same section of this chapter is also listed in the fee schedule. The penalties for second and third
violation or any portion of those penalties may be reduced, suspended or deferred in the
discretion of the court. For each violation of a continuing nature, each day shall constitute a
separate offense. A Notice of Infraction may be issued by Animal Control.
6.07.400 Violations — Abatement.
(1) Any person violating any of the provisions of this chapter in the keeping or maintenance of
any nuisance as defined in this chapter may, in addition to the penalty provided for in JCC
6.07.390, be ordered, by the court in such action, to forthwith abate and remove such
nuisance. If the same is not done by the owner or keeper within a reasonable amount of time
as determined by the court, the same shall be abated and removed under the direction of any
officer authorized by the order of the court.
(2) If a person who has been issued a Notice of Infraction elects not to request a hearing,
Jefferson County may request a hearing for the purpose of determining whether an order of
abatement should issue.
(3) When such nuisance has been abated by any officer or authorized agent of Jefferson County
the costs and expenses shall be taxed as part of the costs of the action against the party. In all
cases where an officer is authorized by the court to abate any such nuisance, he shall keep an
account of all expenses attending such abatement. In addition to other powers herein given to
collect such costs and expenses, Jefferson County may bring suit for the same in a court of
competent jurisdiction against the person keeping or maintaining the nuisance so abated.
6.07.410 Notice of Infraction.
(1) A Notice of Infraction represents a determination that a violation has been committed. The
determination will be final unless contested as provided in this chapter.
(2) A Washington Uniform Court Docket Citation may be used as the form for the Notice of
Infraction and shall include the following:
(a) A statement that the Notice represents a determination that an infraction has been
committed by the person named in the Notice and that the determination shall be final
unless contested as provided in this chapter;
(b) A statement that an infraction is a noncriminal offense for which imprisonment may
not be imposed as a sanction;
(c) A statement of the specific infraction for which the Notice was issued;
18 of 29 ver 10 31 14
(d) A statement of the monetary penalty established for the infraction;
(e) A statement of the options provided in this chapter for responding to the Notice and
the procedures necessary to exercise these options;
(f) A statement that at any hearing to contest the determination the county has the
burden of proving, by a preponderance of the evidence, that an infraction was
committed; and that the person may subpoena witnesses including the officer who issued
the Notice of Infraction;
(g) A statement that at any hearing requested for the purpose of examining mitigating
circumstances surrounding the commission of the infraction, the person will be deemed
to have committed the infraction and may not subpoena witnesses;
(h) A statement, which the person shall sign, that the person promises to respond to the
Notice of Infraction in one of the ways provided in this chapter;
(i) A statement that failure to respond to a Notice of Infraction as promised is a
misdemeanor and may be punished by a fine or imprisonment in jail.
6.07.420 Contesting determination of infraction.
(1) Any person who receives a Notice of Infraction under this chapter shall respond to such
Notice as provided in this section with seven days of the date of the Notice.
(2) If the person determined to have committed the infraction does not contest the
determination, the person shall respond by completing the appropriate portion of the Notice of
Infraction and submitting it, either by mail or in person, to the court specified on the Notice.
Payment In the amount of the penalty prescribed for the infraction must be submitted with the
response. When a response which does not contest the determination is received, an
appropriate order shall be entered in the court's records.
(3) If the person determined to have committed the infraction wishes to contest the
determination, the person shall respond by completing the portion of the Notice of Infraction
requesting the hearing the submitting it either by mail or in person to the court specified on the
Notice. The court shall notify the person in writing of the time, place and date of the hearing,
and that date shall not be sooner than seven days from the date of the Notice, except by
agreement.
(4) If the person determined to have committed the infraction does not contest the
determination but wishes to explain mitigating circumstances surrounding the infraction the
person shall respond by completing the portion of the Notice of Infraction requesting a hearing
for that purpose and submitting it, either by mail or in person, to the court specified on the
Notice. The court shall notify the person in writing of the time, place and date of the hearing.
(5) If any person issued a Notice of Infraction fails to respond to the Notice of Infraction as
provided in subsection (2) of this section, or fails to appear at a hearing requested pursuant to
19 of 29 ver 10 31 14
subsection (3) or (4) of this section, the court shall enter an appropriate order assessing the
monetary penalty prescribed for the infraction and any other penalty authorized by this
chapter.
6.07.430 Hearing.
(1) A hearing held for the purpose of contesting the determination that an infraction has been
committed shall be without a jury.
(2) Any person subject to proceedings under this chapter may be represented by counsel.
(3) The attorney representing the county may appear in any proceeding under this chapter but
need not appear, notwithstanding any rule of court to the contrary.
(4) The officer who issued the Notice must appear at such hearing, and may subpoena
witnesses. The person named in the Notice may subpoena witnesses, including the officer, and
also has the right to present evidence and examine witnesses present in court.
(5) The burden of proof is upon the county to establish a commission of the infraction by a
preponderance of the evidence.
(5) After consideration of the evidence and argument, the court shall determine whether the
infraction was committed. Where it has not been established that the infraction was committed
an order dismissing the Notice shall be entered in the court's records. Where it has been
established that the infraction was committed an appropriate order shall be entered in the
court's records.
(7) An appeal from the court's determination or order shall be to the Superior Court. Such
appeal shall be taken in accordance with the RAID Rules. The decision of the Superior Court is
subject only to discretionary review pursuant to Rule 2.3 of the rules of appellate procedure.
6.07.440 Failure to respond to Notice of Infraction.
There shall be a penalty (see fee schedule) for failure to respond to a Notice of Infraction or
failure to pay a monetary penalty imposed pursuant to this chapter.
6.07.450 Payment of penalty.
Whenever a monetary penalty is imposed by a court under this chapter it is due immediately
and to be made payable to the clerk of the court. If a person is unable to pay at that time, the
court may, in its discretion, grant an extension of the period in which the penalty may be paid.
All penalties collected by the court shall be remitted to the county treasurer.
6.07.460 Fees collected.
All fees and fines collected under this chapter shall be deposited in the County's general fund,
except those which may be retained by the entity or organization . serving as the Licensing Agent
or Shelter Operator as consideration for services, pursuant to an executed written contract with
the county
20 of 29 ver 10 31 14
(cba by convect
Allows r.po.sibility and payment m
6.07.470 Declaration of dangerous dog — Impounding of dog
In the event Animal Control has sufficient information to determine a dog is dangerous and may
pose a threat of serious harm to human beings or animals, Animal Control shall seize and
impound the dog pending notice, hearings, appeals and other determinations hereunder. The
owner or keeper of the dog shall be liable to Jefferson County for the costs and expenses of
keeping such dog, unless a finding is made that the dog is neither a dangerous dog nor a
potentially dangerous dog.
6.07.480 Declaration of dangerous dog- Notice and hearing
(1) When *@ 4@4ff'��Animal Controls has sufficient information to determine that
a dog is a dangerous dog as defined by section 6.07.020(9), the Sheriff or Animal Control Officer
shall declare the dog a dangerous dog and shall notify the owner of the dog in writing, either in
person or by regular and certified mail. Any notice or determination mailed pursuant to this
section shall be mailed by regular and certified mail, return receipt requested or served upon
the owner in person. Such notice shall be deemed received by the party to which it is
addressed on the third day after it is placed in the mail, as set forth by declaration of the
sender. The notice shall contain the following information and /or enclosures
(a) That the person receiving the notice is the owner or keeper of a dangerous dog as
defined in section 6.07.020(9);
(b) The breed, color, sex, and license number (if known) of the said dog;
(c) A copy of the records relied upon by""'""` """ Animal Control-QffiCec which
form the basis for declaring said dog to be a dangerous dog including but not limited
to incident reports, prior infractions or correspondence relating to the offending dog;
(d) That to contest the declaration of dangerous dog the owner or keeper of the dog
must request an administrative appeal hearing in writing;
(e) That if an administrative appeal hearing is requested, such hearing will be
convened pursuant to subsection (2) of this section;
(f) that at the administrative appeal hearing, the records of *_ �'�.�..cr,�-'� -• _Animal
Control- G4ieeF, and any supplementary material shall be admissible to prove the dog
is a dangerous dog;
(g) that the owner of the dog may require'"-'"- qhPFffAF -n Animal Control Officer
compiling the record to be present at the administrative appeal hearing; (h) that the
owner of the dog may present evidence and examine witnesses present;
(i) that the burden shall be on t, e4ff eF Animal Control 94PRF to establish by a
preponderance of the evidence that the dog is a dangerous dog;
Q) that any dog declared dangerous under this section or any comparable section by a
duly authorized governmental animal control authority shall be immediately
impounded until the owner registers the dog as dangerous in accordance with Section
6.07.500.
(k) that any dog will be euthanized at the direction of the Sheriff or an Animal Control
Officer or his /her designee unless the owner or keeper within fifteen days from the
date the dog was declared dangerous registers the dog or appeals the determination.
21 of 29 ver 10 31 14
(I) that if the owner appeals the dangerous dog declaration the dog must be registered
provisionally pursuant to Section 6.07.500 or it will be held at the shelter at the
owner's expense pending the results of the appeal.
(2) If the owner or keeper of the dog requests an administrative appeal hearing as provided in
Section (1)(d) above, then the hearing shall be held before the Sheriff or his designee serving as
the Hearing Officer. The administrative appeal hearing shall be held within twenty days after
the receipt of the request for an administrative appeal hearing, unless it is continued by the
Sheriff or its designee based upon a showing of good cause or mutual consent. The Sheriff or an
Animal Control Officer, or his/her designee, shall notify the owner or keeper of the date, time,
and place for the administrative appeal hearing. The administrative appeal hearing shall be
open to the public. In those instances where the Sheriffs designee acts as a hearing officer in
conjunction with a dangerous dog administrative appeal hearing, the following procedures shall
apply:
(a) All administrative appeal hearings before the hereinabove designee shall be
recorded;
(b) All testimony shall be taken under oath and witnesses may be subpoenaed by the
Sheriff or an Animal Control Officer or his or her designee;
(c) The hearing officer shall render a written decision within five business days. This
time may be extended at the discretion of the hearing officer.
(d) The written decision shall include findings of fact and conclusions of law and a copy
will be forwarded to the owner and to the Sheriff or an Animal Control Officer.
3) At the conclusion of the administrative appeal hearing as provided in subsection (2) of
this section, the hearing officer shall have the authority to make a written recommendation to
either affirm, reverse or modify the declaration by the Sheriff or an Animal Control Officer, or
his /her designee, that the dog is dangerous. If the recommendation is to modify the
declaration, then the hearing officer may make a finding that the dog is potentially dangerous.
If the hearing officer affirms the declaration and finds that the dog is dangerous, then the
requirements under 6.07.500 shall be imposed upon the owner or keeper of the dangerous dog
as a condition of continued ownership or keeping of the animal.
If the hearing officer modifies the declaration and finds that the dog is potentially dangerous,
then the hearing officer may recommend that reasonable conditions be imposed upon the
owner or keeper as a condition of continued ownership or keeping of the animal. Reasonable
conditions may include but are not limited to the following:
(a) Erection of new or additional fencing to keep the dog within the confines of the
owner's or keeper's property;
(b) Construction of a run consistent with the size of the dog within which the dog must
be kept;
(c) Keeping the dog on a leash adequate to control the dog or securely fastened to a
secure object when left unattended;
22 of 29 ver 10 31 14
(d) Keeping the dog indoors at all times, except when on a leash adequate to control
the dog and under the actual physical control of the owner or keeper or a competent
person at least fifteen years of age;
(e) Keeping the dog muzzled in a manner that will not cause injury to the dog or
interfere with its vision or respiration but shall prevent it from biting any person or
animal when outside a proper enclosure;
(f) Install at the premises a clearly visible warning sign that there is a dangerous dog
on the property
(g) Install at the premises in a conspicuous location a sign with a warning symbol that
Informs children of the presence of a dangerous dog
(h) Spaying /neutering of the dog.
The hearing officer(s) may, in his or her recommendation, determine the Sheriff or an Animal
Control Officer or his /her designee is the authority to establish the appropriate requirements
from the preceding list or to refine and clarify the aforementioned requirements to effectuate
the purposes of this chapter.
(4) The owner of the dog shall be notified in writing (regular mail and certified mail, return
receipt requested) by the hearing officer(s) no later than within fifteen days of the hearing.
(5) An appeal of the written decision of the hearing officer may be made in the manner
provided under the general laws of the state found at Ch. 16.08 RCW. If the owner or keeper
does not timely appeal the hearing officer's decision, then he or she must either register the
dog as a dangerous dog in accordance with Section 6.07.500 or the dog shall be confiscated as
provided in RCW 16.08.100(1).
(6) In the event the written decision of the hearing officer is affirmed on appeal and no further
appeal is made, the owner or keeper of the dog must register the dog as a dangerous dog in
accordance with Section6.07.500 within fifteen days of notification of the decision or the dog
will be euthanized at the direction of the Sheriff or an Animal Control Officer, or his /her
designee.
(7) A finding that a dog is not a dangerous dog shall not prevent the Sheriff or an Animal
Control Officer, or his /her designee, from seeking to have the dog declared a dangerous dog as
the result of any subsequent action by the dog.
(8) An owner or keeper of a dangerous dog who violates any conditions imposed under this
section shall be guilty of a gross misdemeanor.
6.07.490 Determination of potentially dangerous dog— Notice, administrative review and
appeal.
(1) When the Sheriff or an Animal Control Officer, or his /her designee, has sufficient
information to determine that a dog is a potentially dangerous dog as defined in section
6.07.020(22), a notice either in person or by regular mail, shall be provided to the owner of the
dog. The notice shall contain the following information:
(a) That the person receiving the notice is the owner of a potentially dangerous dog as
defined in section 6.07.020(21)
23 of 29 ver 10 31 14
(b) The breed, color, sex, and license number (if known) of said dog;
(c) The facts upon which the determination of potentially dangerous dog is based;
(d) That if there are future similar incidents with the dog, the dog could be declared a
dangerous dog pursuant to Section 6.07.470, and required to be registered as provided
in Section 6.07.500.
(e) That the owner must comply with restrictions set forth in the notice as a condition
of continued ownership or keeping of the dog and that restrictions may include but are
not limited to those which may be imposed on the owner of keeper of a potentially
dangerous dog pursuant to Section 6.07.480(3);
(f) That the notice constitutes a final determination that the dog is a potentially
dangerous dog, and unless the owner or keeper of the dog requests an administrative
review meeting in writing within fifteen days of the receipt of the notice. For purposes
of this section, If the notice is mailed, it shall be deemed received on the third day after
the notice is placed in the mail; and
(g) That pursuant to Section (3) below, a failure by the dog owner or keeper to request
and attend an administrative review meeting with the animal control Sheriff or an
Animal Control Officer or designee shall constitute a failure to exhaust all administrative
remedies, and that such failure to exhaust all administrative remedies shall preclude any
appeal of the administrative determination to the District Court.
(2) In the event the owner or keeper of a dog requests an administrative review meeting as
provided in subsection (1)(f) of this subsection, the administrative review meeting shall be held
within thirty days of the receipt of the request. The meeting date may be continued upon a
showing of good cause. The Sheriff or an Animal Control Officer or his/her designee shall notify
the owner or keeper of the date, time and place of the administrative review meeting, as well
as the right to present evidence as to why the dog should not be found potentially dangerous.
The administrative review meeting shall be held before the Sheriff or an Animal Control Officer
or his /her designee. Administrative review meetings shall be informal, open to the public; and,
at the option of the Sheriff or an Animal Control Officer or his /her designee, may be held
telephonically.
(3) Following an administrative review meeting, the Sheriff or an Animal Control Officer or
his/her designee may affirm or reverse the initial determination that a dog is potentially
dangerous. If a determination that a dog is potentially dangerous is upheld, then the Sheriff or
an Animal Control Officer or his /her designee may impose the same reasonable conditions as
may be imposed on the owner or keeper of a potentially dangerous dog pursuant to Section
6.07.480(3).
(4) The Sheriff or an Animal Control Officer or his /her designee shall notify, in writing, the
owner or keeper of the dog of his /her decision within ten days of the administrative review
meeting. The decision of the Sheriff or an Animal Control Officer or his /her designee may be
appealed in the same manner as provided in Section 6.07.480.
(S) The decision of the Sheriff or an Animal Control Officer or his/her designee is final unless
appealed.
(6) An owner or keeper of a potentially dangerous dog who violates any of the conditions
imposed under this section shall be guilty of a misdemeanor.
24 of 29 ver 10 31 14
6.07.500 Registration of dangerous dogs— Requirements — Annual Fee.
(1) The owner or keeper of a dangerous dog must obtain a certificate of registration for such
animal from Animal Control within fifteen days of the declaration of dangerous dog or if
appealed within fifteen days of the appeal decision as provided in Section 6.07.480. No
dangerous dog shall be returned by Jefferson County to anyone prior to the issuance of a
certificate of registration under this section. The certificate of registration shall be issued only if
the owner or keeper of the dangerous dog presents sufficient proof of the following:
(a) A proper enclosure, approved by the Sheriff or an Animal Control Officer to confine
=
Commented[DR7Ale wemeywaettotima meaumonrym
a dangerous do and posting of the remises with a clear) visible sign that there is a
g g P B P Y g
awsa�e&h.. dan8 . de, �a memmnea ma kept, me
elected /eppoiosa]Shesiff or me LACO. Ifinere is no msemmeva
dangerous dog on the property. In addition, the owner shall conspicuously display a sign
-
ha�aaa ACO, men the pM a °A u Centel oa«rdees
nassead m "an •
with a warning symbol that informs children of the presence of a dangerous dog,
(b) A muzzle and leash, approved by the Sheriff or an Animal Control Officer as to
strength and fit, for the dangerous dog;
(c) A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a
form acceptable to the "°= i° OF RR As mal Geo4^ ^ ""^•Animal Control in the sum of
at least two hundred fifty thousand dollars which provides for prior written notification
to SERAPS�Ammal Control of cancellation or material change, payable to any person for
personal injuries or property damage caused by the dangerous dog regardless of
whether the personal injury or property damage occurs on or off the owner or keeper's
premises; OR
A policy of liability insurance, such as homeowner's insurance, issued by an insurer
'.
qualified under RCW Title 48 in the amount of at least two hundred fifty thousand
dollars with a maximum five hundred dollar deductible and which provides for prior
written notification to Jefferson County of cancellation or material change, insuring the
owner or keeper for any personal injuries and property damage inflicted by the
dangerous dog regardless of whether the personal injury or property damage occurs on
or off the owner or keeper's premises and which does not exempt from its coverage
-
personal injury or property damage inflicted by a dog; and
The owner or keeper of a dangerous dog shall furnish to the ShpF rF ^• an A..'..._ "' ^ ^`• ^'
GW+GeFAnimal Control a complete copy of the surety bond or certificate of insurance
specified in this subsection and shall allow the county a reasonable time to review the
bond or policy to determine whether the surety bond or certificate of insurance is
sufficient, prior to issuing the certificate of registration;
(d) The dangerous dog must be spayed /neutered at the owner's expense to complete
the registration. Any impounded dangerous dogs will be transported by Jefferson
County to a veterinarian for spaying/neutering as part of the registration process; and
-
(e) In addition to the regular dog licensing fees set forth in Section 6.07.270, the owner
or keeper of a dangerous dog shall pay an annual registration fee in the amount of one
hundred dollars. The registration will be valid for twelve months or until the next
December 316t, whichever comes first.
(2) Notwithstanding the requirements set forth in subsection (1) of this section, the a pFif*9
ara_Animal Control Q4 PFF may issue a provisional registration certificate where:
25 of 29 ver 10 31 14
-
a) the dangerous dog declaration has been appealed, provided all conditions of this
section have been met with the exception of subsection (1)(e) requiring spay /neuter; or
(b) the owner is relocating the dangerous dog outside of Jefferson County and all
conditions of this section have been met with the exception of subsection (1)(d)
requiring a surety bond or insurance policy.
Any provisional permit issued pursuant to (2)(a) of this subsection shall expire fifteen days
following the appeal decision as provided in Section 6.07.480; any provisional permit issued
pursuant to (2)(b) of this subsection shall be valid for the sole purpose of immediate transport
and relocation of the dog from the shelter to a location outside Jefferson County.
(3) This section shall not apply to police dogs as defined in RCW 4.24.410.
(4) The owner or keeper of a dog declared a dangerous dog must notify Jefferson County in
writing if the dog is deceased, is to be relocated or if there is a change in ownership.
(5) In the event of a change of ownership and /or relocation of the dangerous dog, the owner or
keeper must provide Jefferson County with written notice ten days in advance of any change
that includes the complete address and phone number of the new owner or keeper prior to the
change of ownership and /or relocation of the dangerous dog.
(6) The owner or keeper of the dangerous dog must also notify any subsequent owner or
keeper of the dog's designation as a dangerous dog. If change of ownership and /or relocation
of a dangerous dog is within Jefferson County, all conditions imposed under this section shall be
in place for the new owner and at the new location prior to such change.
(7) Dogs deemed dangerous by other jurisdictions in the State of Washington will be subject
to the same regulations as if they have been deemed dangerous in Jefferson County. Any owner
or keeper of a dog deemed dangerous by jurisdictions outside of the State of Washington
relocating to Jefferson County, WA, shall present the dog to the �h pFiff R. _R Animal Control
8f£ within 30 days of their arrival in Jefferson County to be evaluated by the r,� "..eF 4 B.9 "` -• --
Animal Control Off eeF or4kANeFits designee on an individual basis to determine whether they
meet the requirements of a dangerous dog, taking into account the criteria established by
section 6.07.020(9). Dogs meeting the requirements of a dangerous dog under this subsection
must be registered as such, and are subject to all other restrictions imposed under this section.
(8) An owner of a dog previously deemed dangerous by Jefferson County and subsequently
relocated outside Jefferson County, must register the dog pursuant to subsection (1) of this
section prior to bringing the dangerous dog into Jefferson County; such dogs are prohibited
from re- entering Jefferson County without prior written consent from toe �.�..S' '� e;,..a.9 -- _Anima I
Control- 9#iceF and /or full re- registration.
(9) Dangerous dog registration must be renewed every twelve months. A re- inspection of the
facility is required prior to renewal. The owner or keeper shall also provide the . r" 'u eF an
Animal ControlA#ieeF proof of surety bond or proper insurance certificate as specified in
subsection (1) of this section prior to re- registration.
(10) An owner or keeper of a dog declared a dangerous dog shall be responsible for meeting
and maintaining the requirements set forth in this section at all times. A violation of conditions
imposed under this section is a gross misdemeanor.
END of Chapter
26 of 29 ver 10 31 14
1 -030 Animal services.
27 of 29 ver 10 31 14
Canmenred MM251: R wo tina f« schedule But
should be removed Eom the fce schodul
itaddedmtlte wde. Thu[is s policy qu
noce
Fee
Additional Fee and /or Other
Information
Dog License
For each fertile dog
_Two -year license
$48.00
_Lifetime license (optional)
$266.00
For each sterilized dog (upon proof of spay or
neuter)
_Two -year license
$20.00
_Lifetime license (optional)
$112.00
Cat kieep5419.1icense (Optional)
For each fertile cat
_Two -year license
$18.00
_Lifetime license (aptieaal)
$197.00
For each sterilized cat (upon proof of spay or
neuter)
_Two -year license
$7.00
_Lifetime license- (aptienal)
$38.00
Replacement of Lost Tag
$5.00
5urrender fee fto owned
2S -Q4
Impound
_Unlicensed dog on impound
$49.00
_Cats
$25.00
_Dogs
$25.00
_Puppies
$25.00
Redemption— Fertile dogs and cats
Redemption after First effeaseimoound
$58.00
Fee may be refunded if dog or cat is
spayed or neutered
Redemption after Second efteaseimpound
$61.00
Education required
Redemption after. Third efferaseimpound
$85.00
�Ius . spay /neuter fee
27 of 29 ver 10 31 14
Canmenred MM251: R wo tina f« schedule But
should be removed Eom the fce schodul
itaddedmtlte wde. Thu[is s policy qu
noce
28 of 29 ver 10 31 14
Cammeated ]PM29]: Allow Shelter Operemr m set Adoption
Pro.
Fee
Additional Fee and /or Other
Information
Redemption — Sterile dogs and cats
Redemption after First eiteaseimpound
$30.00
May be refunded
Redemption after Second eifeaseimpound
$61.00
Redemption after Third eifeeseimpound
$85.00
Board — Dogs and cats
$20.00
Per day. Fee may be reduced or
waived based on ability to pay or
extenuating circumstances.
Livestock
Impound fee
$54.00
Per day
Board
$25.00
Per day
Transportation
$54.00
The greater. of $54.00 or actual cost
GremaiienSawices
IRA 24A
6emmuma]
0 l weds -fe 19 peuads
$44,89
42.98
?�
X31:88
$$44 -.99
n..... 75 la .ndst.. ...a.
$148.99
Q.eF 419 - awed"
3188.00
$65:99
,2 2W 'FAMA"DA-SePAG"
EwthaRas a
$69,99
-
Remote pickup by animal services employee $25.00
Kennels and Dangerous Dogs
Kennel license fee
$96.00
commercial — if paid after February
28th, add $10.00
Dangerous dog registration fee $319.00
Rupp es $100.0c)
li
des
nel spay BF newteF, vase RatieA,
28 of 29 ver 10 31 14
Cammeated ]PM29]: Allow Shelter Operemr m set Adoption
Pro.
canlYllntlC [PM39]: Which oFhue functions sell apply, who
does llrem? Do wenwdw edd ]CC a urhar�mtiovwchargotlwe
Res
CemmenW[PM30]:N&seebysherounty ]visa
discretiorury service Nat Ne Shelwr mey m may nm wish w
. (provide,aoid ywooldsetthewownpdce.
[Ord. 6 -06 § 2; Ord. 5 -04 § 2; Ord. 3 -02 § 2; Ord. 11 -99 § 2]
1
The sliding fee schedule may apply. Services will not be denied due to a client's inability to
pay, J. Cannented CPM31 ): This is from existing Fu Scofitk, Not
suro how ft .,1. or would be �mplememed. Thue rs no steal
published scbeduk ofsl 1d feu.
29 of 29 ver 10 31 14
Fee
Additional Fee and /or Other
Information
421 f
- 174,.0.9
,
and YeteF RaFy m OF$59nn
Notice of Infraction
First offense
$114.00
Second offense
$209.00
Third offense
$309.00
Trapping Nuisance Wildlife
$50.00
Per hour (one-hour minimum)
Trap Rentals
$8.00
Per day
realden Age PFGg021n
shelter -
fats
$20 go
-
&eg6
$20.90
FeF246at
$29:98
Few[
impeund -fee
$20:09
FeFday
4988
'ri25 -.99
PeFday
TFaR6P9Ftati9A
$19.00
ThegF...,._ 9f 639 APti-Al
F sh
$3=00
1%r1a✓♦2NIRHIS
$3.89
6aige a iffials
$59'89
Resewe animals
canlYllntlC [PM39]: Which oFhue functions sell apply, who
does llrem? Do wenwdw edd ]CC a urhar�mtiovwchargotlwe
Res
CemmenW[PM30]:N&seebysherounty ]visa
discretiorury service Nat Ne Shelwr mey m may nm wish w
. (provide,aoid ywooldsetthewownpdce.
[Ord. 6 -06 § 2; Ord. 5 -04 § 2; Ord. 3 -02 § 2; Ord. 11 -99 § 2]
1
The sliding fee schedule may apply. Services will not be denied due to a client's inability to
pay, J. Cannented CPM31 ): This is from existing Fu Scofitk, Not
suro how ft .,1. or would be �mplememed. Thue rs no steal
published scbeduk ofsl 1d feu.
29 of 29 ver 10 31 14