HomeMy WebLinkAbout101915_cabs01JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST — COUNTY ADMINISTRATOR'S BRIEFING
TO: Board of County Commissioners
FROM: Philip Morley, County Administrato
DATE: October 19, 2015
RE: Continued Briefing on Written Public Comments on Animal Responsibility
Ordinance
STATEMENT OF ISSUE: Staff will continue to brief the Commissioners on the written public
testimony received in December, 2014, on a public hearing draft of a new Animal Responsibility
Ordinance. These briefings are part of the Commissioners' continued deliberation on the draft
Ordinance and the hearing record.
ANALYSIS: The October 19 briefing picks up from a September 21, 2015 briefing of the
County Commissioners. In September, the Board reviewed written comments on the ordinance
from the first section up through section "6.07.250 Redemption of Animal."
The Board originally held its Public Hearing on December 8, 2014 to accept testimony on a new
Animal Responsibility Ordinance, and held open the written record to accept written testimony
up through December 31, 2014.
All three Commissioners have previously received copies of all written comments.
Commissioner Kler, who was not yet seated last December, was also given a voice recording of
the December 8 hearing itself, which she has listened to in full.
The updated matrix attached to this Agenda Request memo consolidates the written record from
the 2014 Hearing, and organizes all comments by each Section of the draft Ordinance. Included
next to each citizen comment is a draft of staff recommendations or analysis of the comment,
which has been updated in tracked changes to reflect the Commissioners' September 21
discussion. (The December 2014 draft Ordinance is once again attached for reference.)
In addition to the workshops to review the comments with Commissioners, staff anticipates
conducting follow up research based on Commissioner questions and directions. After that, the
Commissioners will be able to complete their deliberations on the Ordinance upon reflection on
the full verbal and written Public Hearing Record. Depending on the scope of any changes the
Commissioners may want to make to the Ordinance in response to the public testimony, it is
possible that the Commissioners may decide to hold a second Public Hearing.
FISCAL IMPACT: No impact from this briefing. In addition, no significant impact from
adopting a new Ordinance is anticipated, as the proposed Ordinance adjusts current practices, but
does not add significant new responsibilities.
RECOMMENDATION: Review and discuss the attached written comment matrix.
REVIEWED BY:
Phi ' , oun y ministrator
10/14/15
Date
MATRX- 101415 DRAFT
Public Hearing Written Comments on 1248.14 Animal Responsibility Hearing Draft thru 12.31.14 and Rif Recommendations
Section
Written Hearing Comment
Who
DRAFT Staff Recommendation or Comment
fiction one:
Repeal of Chapter
6.05 Animal
Responsibility in
the County Code.
,ection Two:
Creation of a new
chapter in the
County Code.
klon
Amendment of
Three:
Section I -030
Animal Services
Fee Schedule in
the County Code.
Section Pour:
Severability.
fiction Five:
Effective Date.
auk
Change name of chapter from "Animal
Responsibility" to "Animal Control"
This Ordinance as a whole will discourage
Jm Worthington 12130114
Staff disagrees in general with the citizen's
citizens from opening their homes to animals
conclusion. The costs of licensing and
in need of care and a safe place in our society.
spaying/neutering are quite minor compared to
the other annual and lifetime costs of owning a
pet. To the extent these minor costs may
discourage individuals from adopting a pet from
a shelter, it is offset by the benefits of being able
to identify and return stray animals to their
owners, and control the further proliferation of
puppies and kittens without homes that burden
our shelters and society.
6.07.010
Purpose.
This proposed Ordinance fails to balance
Jm Worthington, 12130114
Comment noted. Any regulation is going to
individual rights against the needs of the
letter
regulate the behavior of certain individuals for
citizenry as a whole.
the benefit of the whole. Ordinance seeks to
achieve that balance.
MATRX- 091715 DRAFT 1 of 39
Mon
Written Hearing Comment
Who
DRAFT Staff Recommendation or Comment
If this Ordinance is enacted there will be an
Olen Worthington Inner
Premise of comment appears to be that more
increase in the # of pets that need homes and it
12130114
activities of pet owners will violate this code
will upset the current situation where the vets,
and thus more owners will have their pets
animal shelter, Center Valley Animal Rescue
removed from them. Flip side of premise is that
and others are doing a great job keeping down
with better enforcement tools there will be
the number of pets not living safely and in
specific consequences for behavior that is
health.
detrimental to an animal. We appreciate what
the shelters, vets and humane society (to name a
few) do for animals.
Education of pet owners on modern science,
Olen Worthington Inner
Agreed education is an important component.
techniques for pet management etc, would be a
12130114
ACO can educate as they license individual pets
better direction for the County to head in.
and kennels. Pet owners also have an obligation
to self-educate because owning a pet is not a
task that should be taken lightly.
County efforts should be directed at creating a
Alea Waters 12131114
Such a park, no matter where located, would be
beach dog park. Then the rest of the beaches
at an inconvenient location for some pet owners.
would be off limits to dogs and citizens would
County Parks & Rec does not have adequate
feel safe on those beaches.
funding to purchase and create a dedicated
beach dog park, and there may not be an
available location regardless of the lack of
resources. It is not clear the County would have
authority to prohibit dogs on most beaches.
The county should not pass new laws until it
Fel id a Allen,1231/14 BUT
Comment noted. This is an attempt to give
can efficiently take care of what currently
AF F HEAR NG CIOM M ENT
some enforcement tools to existing staff and
exists.
DEADLJNE
volunteers.
Hanna Coata (Gibson) is an attorney working
Gary Fell 12131114 AFTOR
Hanna Coate Gibson did make comments on
in animal rights field. County should ask her
THE HEAR NG CIOM M ENT
this Ordinance.
to draft this Ordinance from scratch.
DEU NE
6.07.020
Definitions.
(1) "Abatement"
(2) "Animal"
Revise word order for clarity. Should now read,
` ° Animal' means any bird, reptile, amphibian or
nonhuman mammal."
MATRX- 091715 DRAFT 2 of 39
Section
Written Hearing Comment
Who
DRAFT Staff Recommendation or Comment
Animal should be defined to include all non -
Davis aeelquist 1219114
Our definition of Animal is already quite broad
agricultural animals. Ducks are raised for
and encompasses what he proposes. Would also
retreiver training & trials. Ducks are noisy and
encompass ducks.
carcasses of ducks are allowed to accumulate.
What about including a ban on having wild or
Hanna Coate, emai I of
Dangerous Wild Animals are already prohibited
exotic animals
12/30/14w/ attachment.
by RCW 16.30 with limited exceptions.
What about a ban on holding a circus or
Hanna Coate, emai I of
This is a policy option that the Commissioners
displaying wild or exotic animals
12/30114w/ attachment.
can evaluate.
A "fish" is an animal too, include that word in
Hanna Coate, emai I of
The definition as it stands now, i.e., without the
the definition.
12/30/14w/ attachment.
addition of the word "fish" is taken verbatim
from RCW 16.52.011(2)(b).
(3) "Animal
Upon review of Ms. Coate's comments on (4)
control" or
Animal Control Officer, staff recommends
"Jefferson County
Animal Control"
clarifying (3) Animal Control to more clearly
align it with RCW 16.52.011 by amending the
last sentence to read, "Animal Control shall be
considered part of the Jefferson County
Sheriffs Office and shall be the County's
animal care and control agency, subject to any
subsequent written agreements to the contrary.
(4) "Animal
Add to the end of definition, "Animal Control
Officer includes an Enforcement Officer."
Control Officer"
MATRX- 091715 DRAFT 3 of 39
Section
Written Hearing Comment
Who
DRAFT Staff Recommendation or Comment
Citizen concerned that there are 2 types of
Hanna Coate, emai I of
RCW 16.52.011(2)(4) "Animal Control Officer"
"officers" enforcing this proposed Ordinance.
12/30/14w/ attachment.
allows for individuals who are County
One is an "Animal Control Officer," a term of
employees, individuals with contracted
art in state law at RCW 16.52.011(2)(4), the
organizations, or appointed members of a
other is an "Enforcement Officer," a term not
Humane Society to perform enforcement. The
found in Ch. 16.52 RCW [but is found in RCW
County's definition, though worded differently,
7.80.040]. Her concern is that the former is an
is consistent with this RCW.
elee of the JCSO but what about the other. [I
think she mixed up the words "former" and
The county Ordinance allows for partial
"latter."]
delegations of enforcement — that is delegation
to enforce certain provisions (such as
administrative functions like administering
licensing standards and inspections), but not
others. It also allows for delegation of citation
authority to other individuals, called
Enforcement Officers. While these kinds of
separate limited delegations are not proposed
now, the code is structured to give the County
future flexibility in how it chooses to have the
Ordinance administered and enforced.
(5) "Animal
Citizen note the phrase "designated by the
Hanna Coate, email of
The facility is designated by the County, AND
shelter" or
County." is in this definition twice and this text
12130114 w1 attachment.
the "other nonprofit organization" to run it is
"shelter"
is at the end of the definition, where it can be
also designated by the County.
eliminated.
Staff recommends clarifying the definition to
read, "... or other nonprofit organization which
is desi nag ted by the County and is devoted to
the welfare, protection, and humane treatment of
animals 4sig aW by t4@ ro ffty "
(6) "Animal
welfare facility"
or "welfare
facility"
(7) "At large"
Citizen feels this definition will be hard to
Hanna Coate, email of
There were quite a few comments about this
enforce -must the officer judge at the scene
12130114 w1 attachment.
phrase "at large" and a parallel or related phrase
whether the person with the dog is
"under control." Citizens testified they don't like
"competent" to control the dog verbally,
being out for a walk when a dog that is
physically or on the leash. Or does the
unfamiliar to them approaches them and the dog
MA1RX- 091715 DRAFT 4 of 39
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Written Hearing Comment
Who
DRAFT Staff Recommendation or Comment
definition of "competence" have to do with
owner asserts the dog is under "voice control."
being of sound mind and body and over 18?
Some citizens want there to be a rule that dogs
must be leashed 100% of the time. Conversely,
There should be, one citizen states, an
Hanna Coate, emai I of
exemption from the "at large" definition for
12/30/14w/ attachment.
there are dog owners who feel their dog has to
dogs that are along for a hike or are with their
be free to explore, to run, to get sufficient
master as their master hunts for mushrooms.
exercise and they feel they genuinely have their
dog under "voice control." This ordinance
If the purpose of this Ordinance is to establish
Jm Worthington, 12130114
a more successful structure for dog owners and
letter
strikes a balance between these two community
their opposites, persons w/o a dog, then the
interests.
BoCC should focus on creating an "off-leash"
dog park as other nearby cities have such as
Coupeville and Sequim.
See also citizen comments under Section
6.07.050 "Running at large on public
property," and Section 6.07.160 "Animal at
large."
(8) "Cat"
MATRX- 091715 DRAFT 5 of 39
Section
Written Hearing Comment
Who
DRAFT Staff Recommendation or Comment
(9) " Commercial
020(9) & (26) Commercial Kennel & Private
Deputy AI ex Mintz 11125
Pursuant to def n of Private Kennel and
kennel'
Kennel: What about households who do
Commercial Kennel, if an individual working in
animal rescue from kill shelters, then recoup
animal rescue from kill shelters has fewer than 5
costs by donation or by adoption fees? Is that
dogs, they are not a Kennel. If they have 5 or
commercial? Contrast to a breeder. Reconcile
more dogs but fewer than 10, and they are only
with JCC 18.10.080 & 18.20.060(2)(a)
recouping rescue costs (no profit or other
[coordinated w/])CD]I would say they are
compensation), they would be a Private Kennel.
commercial, unless they were keeping the
If they have 5 or more dogs, and are engaging in
animals as pets. I would expect that a private
"flipping" for profit, they would be a
rescue looking for donations and charging a
Commercial Kenne1.All kennels, whether
fee would incorporate as a non profit. Many
commercial or private, are subject to the Kennel
times animal hoarders call themselves rescues
standards in 6.07.410. Serial flippers with fewer
and the animals live in horrendous conditions
than 5 dogs at any one time would escape the
(often so do the humans in those situations).
kennel standards. Hoarders with 5 dogs or less
Then there are the people that buy a kennel
would also escape kennel standards (kennel
license to avoid having to license each dog.
licensing would be required if they have more
than 10 dogs). However, RCW Chapter 16.52
Prevention of Cruelty to Animals would apply
in all cases. Review of JCC Chapter 6.07 with
the Development Regulations in JCC Title 1S
shows conformity between the two.
There should be, one citizen states, a ban in
Hanna Coate, email of
How to define "puppy mill" vs "kennel" is a
Jeffco on puppy mills. Some limit on breeding
12130/14w/ attachment.
tough nut to crack. WA State sets some
might do the trick.
standards in RCW 16.52.310. JCC 6.07.410
kennel standards will also help. At the time of
inspection and/or licensing, trained eyes will be
able to tell if an operation is a kennel or a puppy
mill.
MATRX- 091715 DRAFT 6 of 39
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Written Hearing Comment
Who
DRAFT Staff Recommendation or Comment
Why does the county deem me a "commercial
dm Worthington, 1230/14
Having 5 or more dogs for compensation is a
kennel" simply blc I have 8 or more dogs? The
letter
Commercial Kennel. As now recommended by
standard should not be quantity of animals but
staff, having more than 10 dogs triggers a
instead ask if I am a negligent owner. If I am a
requirement for a Kennel License, regardless of
negligent owner obtain a search warrant and
whether the Kennel is Commercial or Private.
come on my property to inspect per the Bill of
This kind of licensing with standards set clear
Rights.
expectations for adequate care, and helps
prevent abuses. The experience of Olympic
Animal Sanctuary in Forks demonstrates how
difficult enforcement is without such standards
and kennel licensing.
(10) "Dangerous
dog"
(11) "Day"
(12) 'Dog"
Wolf hybrids should be included in the def n of
brAnhallegon 12107
Policy decision for BoCC to consider after
dog.
consultation with ACO and Humane Society.
Subsection 18 of this section does define
"hybrids." Section 6.07.070 prohibits most
hybrids. The motivation is 1) public safety; and
2) discourage human interference with the
genetics of wild populations.
(13)
"Domesticated
animal"
(14)
the authority of an animal control officer is
Deputy AI ex M i ntz 11126
The county Ordinance allows for partial
"Enforcement
not limited to civil infractions. There are also
delegations of enforcement — that is delegation
Officer
misdemeanors as well as felony animal cruelty
to enforce certain provisions (such as
that fall under the animal control authority. We
administrative functions like administering
also do search warrants, seizure warrants and
licensing standards and inspections), but not
have the authority to make arrests.
others. It also allows for delegation of citation
authority to other individuals, called
Enforcement Officers. While these kinds of
separate limited delegations are not proposed
now, the code is structured to give the County
future flexibility in how it chooses to have the
Ordinance administered and enforced.
MA1RX- 091715 DRAFT 7 of 39
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Written Hearing Comment
Who
DRAFT Staff Recommendation or Comment
Is this even a legal category of officers per
Hanna Coate, email of
RCW 16.52.011(2)(4) "Animal Control Officer"
state law, one citizen asks.
1M/14 w/ attachment.
allows for individuals who are County
employees, individuals with contracted
Is it true, one citizen asks, that an
Hanna Coate, email of
"enforcement officer" can only issue civil
12/30/14w/ attachment.
organizations, or appointed members of a
infractions which would mean that same
Humane Society to perform enforcement. The
enforcement officer could not enforce state
County's definition, though worded differently,
law?
is consistent with this RCW.
The county Ordinance allows for partial
This citizen has reviewed many other animal
Hanna Coate, email of
responsibility ordinances and concludes that
"Animal
12130114 w1 attachment.
delegations of enforcement — that is delegation
this dichotomy between Control
"Enforcement
to enforce certain provisions (such as
Officer" and Officer" is unique
administrative functions like administering
to this proposed Ordinance.
licensing standards and inspections), but not
others. It also allows for delegation of citation
authority to other individuals, called
Enforcement Officers. While these kinds of
separate limited delegations are not proposed
now, the code is structured to give the County
future flexibility in how it chooses to have the
Ordinance administered and enforced.
(15) "Euthanasia"
Euthanasia should be defined more; add a list
bra P�nhallegon 12107
A laundry list of what are acceptable euthanasia
of suitable methods.
methods will never keep up with changes in
technology. The definition in JCC 6.07.020
mirrors the definition at RCW 16.52.011(2)(e)
verbatim.
(17) "Hobby
Kennel rules should apply to a person in
Davis 2eelgA 1219114
Would require changing this definition to
Kennel" or
Quilcene who raises ducks for dog obedience
include more than cats /dogs. Policy decision to
"Animal Hobby
trials articular) blc the ducks are noisy,
' particularly y'
made by BoCC after possible consultation
Kennel"
create waste and once the ducks are gassed for
with ACO and Humane Society. [Jared Keefer,
trials and are left in the bay after the event,
would Env'1 Health rules already regulate
they need to be cleaned up.
handling/disposal of dead ducks ?]
(18) "Hybrid(s)"
In September 2015 the BoCC received several
Staff proposes for further review a draft rewrite
comments that the definition and regulation of
of the definition as follows:
"hybrids" in the proposed code was overly
(18) "Hybrid{ d�(CO ' means fheoffspp!A
broad, prohibitin mules, es, cat hybrids, and
flrS
beefalo, as well as later generations of hybrids,
generation cross of a dog with a wolf, a
such as a do wolf hybrids with 75% or more
MA1RX- 091715 DRAFT 8 of 39
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Written Hearing Comment
Who
DRAFT Staff Recommendation or Comment
dog genes and only 25% or less wolf eg nes.
oovote or another species, or as
See also §6.07.070.
subsequent crosswith lessthan 75 %genes
of Canis lupusfamiliaris.
PROPOSED
Citzen wants a new DEFINITION of
Eva Raczkowksi Bennett
Policy question for the BoCC. This term is
"Inhumane
"inhumane treatment" to include 1) excessive
12129114 email.
NOT defined in Ch. 16.52 RCW. There is a
Treatment"
definition
tethering, 2) forced hunting for food, 3)
inadequate food or water, 4) unsafe housing,
definition of "substantial bodily harm" in RCW
16.52.011(2)(o), which, in turn, refers the reader
including being housed with 4 other domestic
to the criminal code at RCW 9A.04.110. There
animals, 5) unsanitary housing, 6) beating a pet
"substantial bodily harm" is defined as follows:
or excessive punishment and 7) being kept in a
" "Substantial bodily harm" means bodily injury
motor vehicle or other structure where the
which involves a temporary but substantial
temperature >90 or <35 degrees Farenheit.
disfigurement, or which causes a temporary but
This rule should apply to the inhumane
substantial loss or impairment of the function of
treamtent of "farm animals" too.
any bodily part or organ, or which causes a
fiacture of any bodily part"
Perhaps other jurisdictions in their Animal
Responsibility code define this term? Animal
Cruelty, l st & 2nd degree is defined in RCW
16.52.205 and .207 and the BoCC could add a
defnition of "animal cruelty" to state "as defined
in the RCW."
This Ordinance does not do enough or
Hanna Coate, email of
The proposed Ordinance provides several
anything for animal protection.
12130114 w1 attachment.
protections against tethering, running at large,
There should be minimum standards of
failing to protect a female in heat, etc., and
treatment for animals but they are missing
includes kennel standards. State protections
from this Ordinance.
also apply. As to possibly adding additional
protections, see preceding Comment.
(16) "Intermittent
Citizen states the kind of "intermittent noise"
Isan Lind 12111114
Barking dog complaints are not infrequent
Noise"
that is much worse is using a chain saw, air
according to the testimony of Undersheriff Joe
compressor or firing a firearm at one's
Nole. Citizens are entitled to peace and quiet
property. Let's not worry about the noise, let's
and while there should be attention paid to those
focus on finding and punishing those who
pet owners mistreating their pets, the barking
abuse their pets.
dog issue is a "quality of life" issue that the
County can and should address.
(17) 'Jefferson
Staff will be correcting subsection numbering
County"
scrivener errors in Subsections (17) and beyond.
MA1RX- 091715 DRAFT 9 of 39
Section
Written Hearing Comment
Who
DRAFT Staff Recommendation or Comment
(18) "Licensing
Agent'
(19) "Livestock"
(20) "Livestock
guard dog"
(21) "Owner,
handler or keeper"
(22) "Pack of
dogs"
(23) "Pet shop"
Make sure these dogs are being treated and
lra Penhallegon 12107
Pet shops or pet stores are regulated by the US
cared for - treatment of pet shops in this
Department of Agriculture.
Animal Responsibility Code may allow for a
loop hole and allow these dogs to be neglected
For conformance with RCW 16.52.310, staff
or be a nuisance.
recommends using the term "Pet store" instead
of "Pet shop."
(24) "Potentially
dangerous dog"
(25) "Premises"
(26) "Private
"Over 6 months" may make a loop hole for
Ira Penhallegon 12107
Comment noted. Commercial puppy mills often
kennel"
breeders /puppy mills that sell or rehome
have 5 or more dogs over 6 months old, and
puppies before 6 months, so the county's
would be regulated. Since most dog litters have
rules/laws would not apply.
more than 5 puppies, the 6 month threshold is
intended to prevent almost every family that has
a litter of puppies from becoming a private (or
even commercial) kennel. For this reason,
lowering the age threshold is not practical.
MATRX- 091715 DRAFT 10 of 39
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Written Hearing Comment
Who
DRAFT Staff Recommendation or Comment
020(9) & (26) Commercial Kennel & Private
Deputy Alex M i ntz 11125
Pursuant to def n of Private Kennel and
Kennel: What about households who do
Commercial Kennel, if an individual working in
animal rescue from kill shelters, then recoup
animal rescue from kill shelters has fewer than 5
costs by donation or by adoption fees? Is that
dogs, they are not a Kennel. If they have 5 or
commercial? Contrast to a breeder. Reconcile
more dogs but fewer than 10, and they are only
with JCC 18.10.080 & 18.20.060(2)(a)
recouping rescue costs (no profit or other
[coordinated w/DCO]
compensation), they would be a Private Kennel.
I would say they are commercial, unless they
If they have 5 or more dogs, and are engaging in
were keeping the animals as pets. I would
"flipping" for profit, they would be a
expect that a private rescue looking for
Commercial Kennel. All Kennels, whether
donations and charging a fee would
commercial or private, are subject to the Kennel
incorporate as a non profit. Many times animal
standards in 6.07.410. Serial flippers with fewer
hoarders call themselves rescues and the
than 5 dogs at any one time would escape the
animals live in horrendous conditions (often so
kennel standards. Hoarders with 10 dogs or less
do the humans in those situations). Then there
would also escape a kennel license. However,
are the people that buy a kennel license to
RCW Chapter 16.52 Prevention of Cruelty to
avoid having to license each dog.
Animals would apply in all cases.
Review of JCC Chapter 6.07 with the
Development Regulations in JCC Title 1S
shows conformity between the two.
The proposed Ordinance does allow a person to
buy a kennel license instead of individual dog
licenses, but individual tags will still be issued
for each animal.
Citizen states "who are you to limit me to five
Susan Lind 12111114
No one is limited to 5 dogs. These three citizens
dogs ?" What if I have a large property and
make similar comments, i.e., that ownership of
need herding animals and barn cats to operate
five animals should not automatically make
my farm and have my livestock.
them kennel owners nor does it mean the
animals are being mistreated.
Why does five or more dogs make me a private
Jm Worthington, 12130114
kennel? If I am negligent in taking care of my
letter
dogs, then get a search warrant, follow the Bill
Commentors may not be aware that Private
of Rights and go from there.
Kennels with fewer than 10 dogs are not
required to get a Kennel License, but may do so
Starting regulating at 5 or more cats or dogs is
Jm Worthington, 12130114
not reasonable if you live on a farm. I use cats
letter
if they wish. Section 410 standards do apply,
instead of poison to keep down the rat
providing minimum standards for proper care.
MA1RX- 091715 DRAFT 11 of 39
Section
Written Hearing Comment
Who
DRAFT Staff Recommendation or Comment
population in my barn. Dogs keep the coyotes
away.
Staff should work further with the ACO and
others on 410 standards to make them workable
for barn cats and other working dogs and cats.
The rules of this Ordinance seem to be directed
Olen Worthington Jenner
at situations like Seattle where persons live in
12130114
close proximity to each other. Why would
you want to interfere with persons who are
taking good care of multiple dogs and cats in a
rural location by making those persons rule -
breakers?
The clause about there being a "rebuttable
Jm Worthington, 12130114
The idea is to give the honest owner of many
presumption" is just legalese for "guilty until
letter
animals who is not a breeder or seller of animals
proven innocent."
the chance to prove that conclusion and escape
the need to jump through the hoops of the
regulations for a commercial kennel.
No rebuttable presumption for 10 dogs or more
Hanna Coate, email of
The citizen raises a good point. In response,
should be made part of this Ordinance. At 10
12/30/14w/ attachment.
staff recommends that the Ordinance be
dogs or more it is very hard to treat all those
changed so that any Private Kennel with 10 or
dogs humanely. At that point the person has a
more dogs be required to obtain a Kennel
commercial kennel whether they want to or not
License.
and should follow the rules for such kennels.
Some hoarders attract and keep that many
dogs. But how enforce, if the dogs are kept
inside all day?
Another option, writes one citizen, would be to
Hanna Coate, email of
See previous comment.
permit someone to have 10 or more dogs but
12/30/14w/ attachment.
only upon approval of the animal control
authority and subject to search during
reasonable hours if there is a complaint about
the pets at that location.
MA1RX- 091715 DRAFT 12 of 39
Section
Written Hearing Comment
Who
DRAFT Staff Recommendation or Comment
Why is the county proposing to limit me to
Dorene Dunn, email of
The proposed ordinance does not limit anyone
five dogs? No one would limit the # of
12131114.
to 5 dogs.
children a person could have so why limit # of
dogs. My current dog walker is competent to
have >5 dogs in her home at any one time.
Above five dogs should not constitute a
"commercial kennel." A private home is the
best place for a dog to stay while his/her
owner is away.
A small operation (kennel) should not have the
same rules as a large operation.
(27) 'Proof of
Citizen states proof of vaccination for rabies is
ISan Lind 12111114
Continued inoculations will prevent rabies in
vaccination"
unnecessary, as only rabies incident in this
dogs from becoming a public health issue.
county was rabies found in bats. This is not a
current public health issue.
(28) 'Proper
enclosure of a
dangerous dog"
(29) "Service
Comment #1 from this citizen states "the scope
Davis2edquis 1219114
Service Animals are narrowly defined under
animal"
[of what is not stated or clear] should be
state and federal law. Staff will coordinate with
included to include all non - agricultural
Environmental Health to determine if other
animals. We have people using pigs, donkeys,
comfort/companion animals are allowed in food
monkeys, etc as well as dogs and cats as
establishments under federal /state regs.
companion/comfort animals. These are not
Staff will also confirm with Environemntal
service animals..." The comfort animals are
Health that picking up an animal does not
not trained to "public situations" continues this
change any regulations, and that brining such an
citizen.
animal where prohibited is simply an
Ban service animals and comfort animals from
enforcement issue.
places where food is prepared and sold.
Picking up a dog and carrying it is not an
acceptable avoidance of the "no dogs at food
service" places.
(30) "Severe
injury"
(31) "Shelter
Operator"
(32) "Sheriff'
MA1RX- 091715 DRAFT 13 of 39
Mon
Written Hearing Comment
Who
DRAFT Staff Recommendation or Comment
(33) "Stray"
(34) "Under
Citizen feels this definition will be hard to
Hanna Coate, email of
The definition of "under control" is part and
control"
enforce -must the officer judge at the scene
12130114 w1 attachment.
parcel of the discussion about whether the dog
whether the person with the dog is
has to be on a leash at all times. The term
"competent" to control the dog verbally,
"competent" here is about the owner's
physically or on the leash. Or does the
control/lack of control of the dog, not
definition of "competence" have to do with
competency in the sense of "sound mind and
being of sound mind and body and over IS?
body." Competence would often have
something to do with the size of the
walker /owner compared to the size of the dog.
Making this determination will have to be very
fact - specific, and in this sense, the citizen is
correct. "Under control" has been part of the
County Code for many years, and has proven
useful and workable.
This term is ambiguous, one citizen assents, blc
Hanna Coate, email of
See comment immediately above.
the officer will have to judge when the
12130114 wl attachment.
bystander who is approached, i.e., when was
that approach too close?
Fear for my personal safety. 3x during one
Alea Waters 12131114
See comment immediately above. If an owner
walk we were accosted by dogs that were off-
fails to control the dog and it interferes with
leash and in each case the owners said the dog
other individuals, it is not "under control," and
was "under voice control." This is going to be
would be in violation of County Code.
an ever - increasing problem blc the Quimper
Peninsula is being advertised as pet friendly
with "off leash allowed" trails. Hawaii has
strict leash law blc it too is a limited land mass
surrounded by water and a tourist destination.
6.07.030
Seizing and
Revise V sentence to read: "All seizing of
Impounding.
domesticated animals as provided for in this
chapter shall be done by an Animal Control
Officer,"
MA1RX- 091715 DRAFT 14 of 39
Mon
Written Hearing Comment
Who
DRAFT Staff Recommendation or Comment
During the BoCC's September 2015
Staff will consult with Alex Mintz, the Humane
Society and Center Valley Rescue.
deliberations, they questioned who would seize
and impound other animals beyond gs and
cats, such as livestock, and also pet animals of
other species, such as reptiles.
Include livestock in this section too, and allow
lira Penhallegon 12107
Staff will consider whether changing "Animal
to be taken to the Animal Shelter or an Animal
Control" to "Animal Control Officer" would be
Welfare Organization. Allow any Sheriff
an appropriate way to clarify that Sheriff
Deputy or PT police officer to seize animals,
Deputies can also seize or impound.
and this may be particularly important if there
isn't an Animal Control Officer on duty.
Also see Section .160. BoCC and staff can
consider whether to address in code who
responds to Livestock At Large, to return or
seize the livestock. Staff will consult with the
ACO on this.
Citizen proposes a definition borrowed from
Hanna Coate, email of
It might be a good idea to add a definition of
Whatcom County as to when an animal may be
12/30/14w/ attachment.
cruelty, that "cruelty is as defined in state law."
impounded. First reason for impounding
would be when an animal has been subject to
The BoCC can consider whether to add
cruelty as defined by RCW 16.52.205 or RCW
additional provisions for seizing and
16.52.207 provided the removal (seizure) of
impounding, such as the text from Whatcom
the pet is necessary for the immediate safety
County. Staff will consult with the ACO and
and well -being of the animal. A 2nd reason
Sheriff s Office on this.
would be that the owner is no longer capable
of keeping care of the animal due to
Staff will provide a cgpy of Whatcom County's
code addressing cruelty and when an animal
incarceration, severe illness, death, house fire
or other emergency AND an agent for the
may be impounded
owner cannot be readily located.
6.07.040
Enforcement.
Citizen feels this Ordinance is giving too much
Patrona Patrona
The shelter is operated by the Humane Society,
power to "the so- called shelter." She wants to
patrona@cablespeed.com
a group of persons very much dedicated to
prevent adoption of this Ordinance.
12110114
seeing that animals receive good treatment and
ideally good homes. Operation of the animal
shelter by the Humane Society is also governed
by an Agreement between the Humane Society
and the County.
MA1RX- 091715 DRAFT 15 of 39
Section
Written Hearing Comment
Who
DRAFT Staff Recommendation or Comment
Citizen wants to see this Ordinance include
Animal cruelty charges can be filed under Ch.
penalties at the gross misdemeanor and
16.52 RCW. I st degree animal cruelty =Class
misdemeanor level.
C felony, 2nd degree = gross misdemeanor.
Make the citizen complaint process less
Alea Waters 12131114
Comment noted. Not sure how we can make it
onerous and make the complaints anonymous
less onerous than calling dispatch.
6.07.050
Running at large
Citizen states two dogs should be able to play
fbse W Ide 12111114
Dogs can be "under control" of a competent
on public
with one another on a deserted beach or in a
person rather than on a leash, so the leash only
property.
remote area and that those two dogs should not
fear is unfounded. Also the two dogs on the
be considered a pack.
beach scenario, if under voice control, would
Also dln want a county ordinance which
not be "at large" and would not be seen as a
prohibits dogs from being off - leash.
violation of this Code.
Citizen states "public property" is defined too
Sisan Lind 12111114
This goes to the off -leash vs. "on -leash 100% of
broadly and some dogs because of their size
the time" argument. The "under control" text in
can only gain sufficient exercise off-leash.
this Ordinance strikes a balance.
Impounding dogs for running at large costs the
Randi Briggs, email
This brings up the Off-leash v. on -least 100% of
taxpayers money and I find that distasteful
12131114.
the time argument.
Citizen states that in public dogs at all times
Lang Rtssel,12 /30/ 14
This goes to the off -leash vs. "on -leash 100% of
should be required to be on a leash. To
emai I.
the time" argument. The "under control" text in
condone the concept of "dogs under voice
this Ordinance strikes a balance.
control" is to give dogs free rein to approach us
or, in worst case scenario, bite us. On the
leash at all times is the only way to go.
See also citizen comments under Section
6.07.020(7) "At Large," and Section 6.07.160
"Animal at large."
6.07.060
Female in heat.
6.07.070
Hybrids
See comments above, under 6.07.020
Staff proposes changing the heading to
Definitions (18) Hybrid
"6.07.070 Hybrid Dogs" and replacin the e term
"hybrid" with "h big" throughout the
Section.
MATRX- 091715 DRAFT 16 of 39
Section
Written Hearing Comment
Who
DRAFT Staff Recommendation or Comment
6.07.080
Harboring vicious
Citizen states "vicious propensities" as found
Hanna Coate, email of
There is no statutory definition of "vicious
or dangerous
domesticated
animal.
in Subsection 1 of this Code Section should be
defined.
12/30/14w/ attachment.
propensities." The closest statutory definition
for "vicious propensities" is found in RCW
16.08.070, which defines "dangerous dog" as
follows: "means any dog that (a) inflicts severe
injury on a human being without provocation on
public or private property, (b) kills a domestic
animal without provocation while the dog is off
the owner's property, or (c) has been previously
found to be potentially dangerous because of
injury inflicted on a human, the owner having
received notice of such and the dog again
aggressively bites, attacks, or endangers the
safety of humans." Do not think this definition
could be made to fit "vicious propensities,"
which would be very fact - specific for each
circumstance.
During BoCC deliberations in September
Add a last sentence to paragraph (1) reading,
2015, Commissioners asked that the Animal
"The Animal Control Officer responding to
Control Officer be given clear discretion to
an alleged violation of this Section shall
offer a warning.
have the option at their discretion to issue
an oral warning to the owner of the dog."
6.07.090
Howling and
Section 090(1) revise "during the hours of
Alden Ihnson 11128
Would only allow three hours for barking? The
barking.
10:00 pm and 7:00 am" to read "during the
existing proposed Ordinance regulates barking
hours of 10:00 pm to 7:00 pm"
and howling at all times, but the standards are
more stringent at night (10pm to 7am), when
background noise is quieter and when most
people are sleeping.
(formerly § 090(5)) now = Section 090(4)(c)
83ra Pl nhallegon 12107
The exemption for Livestock Guard Dogs only
Livestock dogs should live by the same rules
applies to active guard or herding activity.
as other dogs. They should not be allowed to
Noise from a livestock guard dog that is
bark continuously, just long enough to chase
produced for other purposes than to actively
away a predator
herd or protect livestock from an active threat is
not exempt and is subject to the same noise
control as any other dog.
MA1RX- 091715 DRAFT 17 of 39
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Written Hearing Comment
Who
DRAFT Staff Recommendation or Comment
In favor of controling noise from animals that
Ihn Adams 11/21
Comment noted.
are a nuisance, especially after 11 pm
Citizen suffered through 3 weeks of a barking
Cherylann Turner 12111/ 14
We hope this Ordinance provides the solution
dog, while the owners of the dog were absent
this citizen seeks.
from their home. Citizen wants to see some
type of Ordinance that would provide a
solution to that problem.
Citizen states she and her husband lived next
Don na Wil Iv nson email
The proposed Ordinance regulates barking and
to a barking dog that was a "Livestock guard
12118/2014
howling at all times, but the standards are more
dog" that barked constantly during the day for
stringent at night, when background noise is
some 3 years. The prior existing Barking
quieter and when most people are sleeping. The
Howling regulation was found
proposed Ordinance also fixes the
unconstitutional. Why does this Ordinance
constitutionality problem of the old code.
only cover noise made at night?
Livestock guard dogs are allowed to bark, but
not constantly - Noise from a livestock guard
"livestock guard dogs" should not be allowed
dog that is produced for other purposes other
on parcels of smaller acreages, such as 8 acres
than to actively herd or protect livestock from
or smaller.
an active threat is not exempt. The burden shall
be on the owner of the noise - making dog to
provide evidence to the Animal Control Officer
or the court that this exemption should be
deemed applicable.
Citizen objects to Section 4(c) of this section
,lanolyn Keller 12/29/14
Some guard dogs bark indiscriminately,
that makes the owner of the "livestock guard
email.
disturbing neighbors. If a neighbor is disturbed
dog" prove that the exemption for barking
by barking, the owner of the livestock guard dog
complained of served to protect livestock.
simply has to provide evidence the
barking/howling was to actively herd or protect
an asset of the livestock owner, in which case,
the barking is allowed even if it bothers the
neighbors. But if the dog is barking for no such
purpose, it is a nuisance.
Citizen refers to section 1(b) of Section .090
,anolyn Keller 12/29/14
If the barking or howling can be heard' /4 mile
and states 150 feet as the distance sound must
email.
away, it can also be heard at shorter distances,
travel off the offending parcel before this
such as 100 or 150 feet, so the citizen's concern
section is applicable, is not enough distance b/c
that enforcement for barking traveling' /4 mile
she lives in a valley and can hear human voices
could not happen if it must be observed at 150
1/4 mile away and music from 1/2 mile away
feet is unfounded. The distance threshold for
MA1RX- 091715 DRAFT 18 of 39
Mon
Written Hearing Comment
Who
DRAFT Staff Recommendation or Comment
observation varies with time of day, 100 feet
from the property line for evenings when
background noise is quieter and most people
sleep, and 150 feet from the property line during
the day when ambient noise is higher. 150 feet
is a distance that can include several residences
in Port Hadlock or Irondale and that may be the
prime reason this distance was chosen. Another
reason may be that the person enforcing the
Ordinance has to be close enough to the
offending property to determine where the
offending noise is emanating from. In any event,
any distance chosen will not work for one or
more citizens.
The noise ordinance establishes a violation if
Jm Worthington 12130114
The distance threshold for observation of
the noise can be heard 100' away from a
barking and howling when there is a complaint
perceived boundary. Are we trying to make the
varies with time of day, 100 feet from the
county into a meditation zone, when I still
property line for evenings when background
have to live with gunfire sounds? What is the
noise is quieter and most people sleep, and 150
next category of animal sound that will be
feet from the property line during the day when
censored?
ambient noise is higher.
Citizen asks that the be no more than one or
Lang Rjssel,12130114
Subsection (5) of this section states that after 2
two oral warnings and after those warnings
emir I.
warnings the offending dog may be seized and
have occurred that the animal be impounded
impounded. This citizen asks to have
and the owner have to pay a fine to reclaim the
seizing/impounding mandatory after no more
impounded animal. We have seen a dog get
than 2 incidents of unlawful barkinglhowling.
repeated oral warnings, only to resume barking
Would be a policy decision for the BoCC.
once the ACO went away.
Proposed word edit for clarity replace "during„
with "between" in Para gx phs (1 )a. &b.:
"a. the noise from an animal(s) occurs dw4g
between the hours of 10:00 pm and 7:00 am,..."
I. the noise from an animal(s) occurs
between the hours of 7:00 am teand 10:00
p .,
m,...
In September, the Commissions heard concern
Staff proposes for further review revising
from boarding kennel interests that the,, arm
Para rg aph (4)b. as follows:
able to control barking by dos the
MA1RX- 091715 DRAFT 19 of 39
Mon
Written Hearing Comment
Who
DRAFT Staff Recommendation or Comment
temporarily board, ask rig o be e exempted from
"b. Lawfully operated animal shelters, animal
creating nus
welfare facilities, commercial kennels, boarding
kennels, pet shops, or veterinary clinics shall be
Commissioners also heard that private kennels
exempt from this section,"
should not be exempt from noise nuisance
regulations.
Note, while a lawfully located commercial
kennel might be exempt, private individuals
with 10 or more pet dogs are also categorized as
"commercial kennels" for purposes of licensing
inspections. This would create a loophole for
people with lots of pets or who hoard dogs. A
possible solution is to change the kennel license
regulations to regulate private kennels of 10 or
more dogs, without Cate og riAn them em as
"commercial ". See comments on X6.07.370
Kennel License.
6.07.100
Injury to property
or person.
6.07.110
Entry into food
Banning animals "any place, building or hall
LouisW. Bohannan 12102
Allowing dogs in the al fresco sections of food
establishments.
where food intended for human consumption"
establishments would have to be a policy
gives the Health Department the ability to ban
decision of the BoCC after discussion of this
dogs from al fresco dining areas. Revise
issue with Public Health.
Section 110 so food establishments can allow
dogs in al fresco dining areas. Wild birds have
Staff will explore with Environmental Health if
ready access, so why not dogs? Being pet-
federal /state env'l health standards give us
friendly will promote additional tourism by
leeway about this issue if the County still adopts
tourists who are dog owners. Mendocino
those federal/state stds.
County CA tourism advertising/brochures
markets Mendocino as a tourism destination
that is pet friendly and it has increased tourism.
MA1RX- 091715 DRAFT 20 of 39
Mon
Written Hearing Comment
Who
DRAFT Staff Recommendation or Comment
An Animal Control Ordinance, one citizen
Hanna Coate, email of
See comment immediately above.
writes, is not the place to ban dogs from food
12/30/14w/ attachment.
establishments. This is for the local Health
Dept. to decide. The Ordinance should let
restaurants decide for themselves if they want
to be pet friendly as a marketing device. Even
a pet - friendly food establisment would have to
comply with all applicable state laws.
6.07.120
Waste.
During_ September 2015 BoCC deliberations,
The WA Dept. of Ecology web site indicates
Commissioner Kler asked if putting pet waste
bagging pet waste and putting it in the trash is a
in the trash is a permissible disposal method.
preferred method of disposal. Ecology's
education materials also recommend waste on
the pet owner's own property should also be
removed and disposed. Jefferson County's draft
code does not require removal from the pet
owner's property
6.07.130
Chasing vehicles.
6.07.140
Jumping and
(formerly § 120) These dogs should have
lra Penhallegon 12107
Such a requirement would be a BoCC policy
barking at
fencing requirements.
decision. Requiring fences could be an
pedestrians.
expensive re uirement for citizens.
Is a fence sufficient "restraint or confinement"
Hanna Coate, emai I of
Staff will confirm with Animal Control that
for purposes of this section?
12130114 wl attachment.
fences are sufficient for this section.
During the BoWs September 2015
Revise 6.07.140 to replace the word
deliberations the issue to preventing jumper
"pedestrians" with "persons ".
and barking to o an, citizen just
edestnans was discussed.
6.07.150
Running in packs.
Citizen states two dogs should be able to play
Pose Wi Ide 12111114
An enforcing officer would look at each
with one another on a deserted beach or in a
circumstance individually and not necessarily
remote area and that those two dogs should not
apply an inflexible rule about what is or is not a
be considered a pack.
pack of dogs.
Impounding dogs for running in packs costs
Randi Briggs, email
Comment noted.
the taxpayers money and I find that distasteful
12131114.
6.07.160
Animal at large.
Should also apply to cats
Lang Russel, 12/30/14
emai I.
Cats do not have the same impact as dogs.
Policy decision for BoCC.
MA1RX- 091715 DRAFT 21 of 39
Mon
Written Hearing Comment
Who
DRAFT Staff Recommendation or Comment
Impounding dogs for running at large costs the
Randi Briggs, email
Comment noted.
taxpayers money and I find that distasteful
12131114.
See also citizen comments under Section
6.07.020(7) "At Large," and Section 6.07.050
"Running at large on public property."
6.07.170
Tethered animals.
Supports provisions prohibiting choke chains,
%ra Pen hall ego n 12107
Four citizens commented about tethering an
metal or chain collars. Consider other ideas,
animals. The various proposed additions to this
such as prohibition of tethering, limit to no
text would create further restrictions on
more than 5 hrslday; no tethering 10 pm - 7am,
tethering. Staff can perform further research on
or allowing tethering only in the presence of
this topic. Policy decision for BoCC.
the animal's owner or guardian; ; - 6 years is
too long for coming into complete compliance
- consider 6 months instead..
Citizen states allowing a dog to be tethered for
susan Lind 12111114
12 hours each day is incredibly inhumane.
Tethering a dog only makes the dog frustrated
and noisy.
Place a limit on tethering of four hours.
Eva %ckwki Bennett
Would you as a human want to be tethered for
12129114 email .
12 hours?
If tethering is to be allowed, a citizen writes,
Hanna Coate, email of
there should be a minimum length of tether
12130114 w1 attachment.
required.
Scrivener's error: replace "domestic animal"
with "domesticated animal ".
6.07.180
Releasing stray to
There is no surrender fee for a citizen finding a
Sheriff, Animal
Control or Shelter
stray who surrenders it to Animal Control or to
the Shelter. BUT pursuant to Section 6.07.220,
Operator.
the Shelter Operator may charge a surrender fee
to an owner that is relinquishing their own
animal (see fee schedule).
MATRX- 091715 DRAFT 22 of 39
Section Written Hearing Comment Who DRAFT Staff Recommendation or Comment
6.07.190 Injured or (formerly § 160) No animal should be Sara Penhallegon 12/07 Three citizens commented that no euthanasia
diseased animals.
euthanized without a vet examining the animal, should take place unless there has been a prior
or until after 5 days or with permission of the consultation with a vet. Staff will solicit
owner. Otherwise Shelter staff could additional input from Animal Control and the
euthanize animals before an owner could claim Shelter Operator. BoCC policy decision.
them. Consider having animals placed in a vet
hopital or animal welfare organization to
receive medical care.
Euthanasia should only occur after Hanna Coate, email of
consultation with a vet. Animal shelter staff
12/30/14 w/ attachment.
not trained as vets and thus cannot make this
decision. If we euthanize a "companion
animal" that could lead to a tort lawsuit against
the County."
Euthanasia should only occur after Joyce and Gary Fell
consultation with a vet.
12/31/14
6.07.200 Quarantine.
6.07.210 Adoption from (formerly § 180) Center Valley Animal Rescue Sara Penhallegon 12/07 BoCC policy decision. Would granting that
Animal Shelter or
has never had to license dogs or cats at their authority to CVAR make it a public agency,
Animal Welfare
rescue. If so required, CVAR would want to subject to Public Records Act, County personnel
Facility
be authorized to sell licenses, and would want policies? If this is done, a model to use would
Spay/neuter
to receive some of that revenue. be the contracts between other County Auditors
requirement
and their remote substations.
License
requirement.
Staff will explore this further with CVAR,
Humane Society, ACO, and legal.
6.07.220 Shelter Operator There should be no fee for surrendering an Hanna Coate, email of Comment noted. There is already a ZERO
Duties.
animal, to charge a fee encourages abandoning surrender fee for surrendering strays per Section
12/30/14 w/ attachment.
the animal or sale to unscrupulous persons who .180. As for the fee charged to an owner giving
might sell the animal for animal research. their pet to the Shelter, the fee is intended to
cover a portion of Shelter costs, and to make
abandoning a pet less immediately appealing.
Upon discussion by the BoCC in September
2015, staff will have further dialogue with the
Humane Society and the ACO on a
relinquishment fee and its tradeoffs between
MATRIX - 09 17 15 DRAFT 23 of 39
Section Written Hearing Comment Who DRAFT Staff Recommendation or Comment
discouraging owners from lightly getting rid of
their pets, versus whether it exacerbates
roadside abandonments.
The Shelter operator should be banned from Hanna Coate, email of The Shelter Operator does not sell animals;
selling to Class B dealers, who sell animals for rather, animals are adopted to homes.
12/30/14 w/ attachment.
research and should be banned from selling
directly to animal researchers.
No selling animals for scientific research Joyce and Gary Fell
12/31/14
There should be no surrender fee. Joyce and Gary Fell There is no surrender fee if you are surrendering
a stray. See Section .180. BUT see the Fee
12/31/14
Schedule, which has surrender fee to an owner
abandoning their own pet to the Shelter.
The kennel should not be exempt from the Joyce and Gary Fell Comment noted. Noise impacts from a kennel
noise control provisions of this Ordinance as it can be an issue. Staff will review this issue and
12/31/14
will encourage someone with 1-2 barking dogs the interplay with Title 18 regulations as well.
to get more dogs so as to qualify as a kennel. In the context of a kennel it can be very difficult
for an owner to control barking. A well-run
kennel might through training and best
management practices limit the amount of noise
those animals would make.
6.07.230 Shelter Operator If the shelter = the humane society, then the Hanna Coate, email of See detailed comments above on 6.07.020(4)
Employees.
employees of the humane society have to and (14).
12/30/14 w/ attachment.
adhere to the state laws laid out in Ch. 16.52
RCW, i.e., training, approval of their
appointment by the Superior Court Judge and
appointment to their position by the trustees of
the Humane Society.
Staff will need to confirm and potentially clarify
deliberations, they requested further analysis the distinctions between an Animal Control
and clarification of whether Shelter Operator Officer with a limited commission, and an
employees authorized to administer v. enforce Enforcement Officer.
certain provisions of this Chapter would be
commission shall be issued to such employees
some other designation.
should remain in the text of this §.
MATRIX - 09 17 15 DRAFT 24 of 39
Section Written Hearing Comment Who DRAFT Staff Recommendation or Comment
6.07.240 Notice of
impounding.
6.07.250 Redemption of (formerly § 220) Section .250(3) Veterinary Sara Penhallegon 12/07 See staff comment above re: Section 190.
animal.
consultation before euthanasia should be
mandatory.
250 Redemption of Animal: If the dog or cat Deputy Alex Mintz 11/25 This expense would be passed on to the owner
needs to be vaccinated for rabies, does the or person who is redeeming the dog. Staff will
Shelter or AWF have the ability to require/do research whether a rabies shot would be
that and charge for the vaccine? administered to the dog by the Shelter or AWF,
Only Veterinarians or Veterinary clinics can or by a vet.
obtain rabies vaccine and vaccinate for rabies.
There should be a prohibition on Hanna Coate, email of See prior response to Section.220.
selling/transferring animals to Class B dealers,
12/30/14 w/ attachment.
b/c such dealer sell to research facilities. Nor
should selling directly to research facilities be
allowed.
For dogs and cats the only allowed method of Hanna Coate, email of The Ordinance does not specify any particular
euthanasia should be sodium pentobarbitol. technology. Euthanasia technology may change
12/30/14 w/ attachment.
Anything else like carbon monoxide chambers over time. Euthanasia is required to be humane
are not humane. and further defined in the Ordinance.
For a Licensed Neutered dog the 1 st time, the
deliberations, concerns were raised about cost is:
whether the impound fee, board fee and $25 Impound + $20/day Board + $30
redemption fee create an economic barrier that Redemption = $75
prevents pet owners from reclaiming stray pets (100% may be waived based on ability to pay &
from the Shelter. extenuating circumstances)
For an Unlicensed, Fertile dog the 1 st time, the
cost is:
$50 Impound + $20/day Board + $60
Redemption + $48 Dog License = $178
(May be reduced to $48 Dog License based on
ability to pay & extenuating circumstances, and
if owner has the dog neutered.)
MATRIX - 09 17 15 DRAFT 25 of 39
Section Written Hearing Comment Who DRAFT Staff Recommendation or Comment
In reviewing §6.07.250 and the preceding
comment, staff recommends clarifying the
waiver provisions in paragraph (1) as follows:
(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 fees for a
current license if the animal is a dog (see
fee schedule);
(c) Payment of a board fee (see fee
schedule) per day or part thereof for
board of the animal during the impound
period, which the Shelter Operator may
reduce or waive based on ability to pay
or extenuating circumstances; and
(dc) Payment of a redemption fee for the
return of the animal to its original owner
(see fee schedule), provided that for
animals impounded for the first time, the
Shelter Operator may waive or refund
the impound fee:
(i) for any spayed or neutered animal
based on ability to pay or extenuating
circumstances, and
(ii) for any animal which is not already
spayed or neutered if the owner
MATRIX - 09 17 15 DRAFT 26 of 39
Section Written Hearing Comment Who DRAFT Staff Recommendation or Comment
volunteers the animal for spaying or
neutering, deposits the fees for the
spaying or neutering with the Shelter
Operator, and the animal is spayed or
neutered on or before a date specified in
writing by the Shelter Operator; 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.
(e) For animals impounded for the first
time, the Shelter Operator may waive or
refund the impound fee and the
redemption fee:
(i) for any spayed or neutered animal
based on ability to pay or extenuating
circumstances, and
(ii) for any animal which is not already
spayed or neutered if the owner
volunteers the animal for spaying or
neutering, deposits the fees for the
spaying or neutering with the Shelter
Operator, and the animal is spayed or
neutered on or before a date
specified in writing by the Shelter
Operator.
MATRIX - 09 17 15 DRAFT 27 of 39
Section Written Hearing Comment Who DRAFT Staff Recommendation or Comment
6.07.260 Interference with
impounding.
6.07.270 Dog control zone
established.
6.07.280 Dog license County needs to expressly recognize the Davis Steelquist 12/9/14 Section .280 exempts a dog from licensing if the
Required.
validity of dog licenses from out of state and dog owner has been a resident of East Jefferson
out of county. County for less than 30 days. Visitors with pets
are not residents. It is not clear what honoring
out of state licenses means or what it would
accomplish.
6.07.290 Vaccination (formerly § 260) Ferrets should be added here Sara Penhallegon 12/07 A ferret is a mammal, and thus it is included in
requirements for
too, since they are included in the State law. the definition of an animal found in RCW
dogs and cats
16.52.001(2)(b). BoCC could change this
section to read "All non-aquatic mammals
susceptible to rabies shall be vaccinated."
290 Vaccination. Failure to provide = failure Deputy Alex Mintz 11/25 ACO would be able to write an infraction for no
to provide: This is a tautology. Is there a proof of vaccination.
consequence for not providing proof?
misdemeanor to not have dogs, cats and ferrets
v
but there are no consequences that I know of
attached to it. Generically, any violation of our
animal code is an infraction, unless spelled out
otherwise.
Citizen states proof of vaccination for rabies is Susan Lind 12/11/14, Continued inoculations will prevent rabies in
unnecessary, as only rabies incident in this dogs from becoming a public health issue.
Janolyn Keller 12/29/14
county was rabies found in bats. This is not a
email.
curren t public health issue.
MATRIX - 09 17 15 DRAFT 28 of 39
Section Written Hearing Comment Who DRAFT Staff Recommendation or Comment
Vaccination for rabies must be done at a vet's Russ Laase, Mountain View One viewpoint would be that the cost associated
office and this will run $75-100 per cat. Since with obtaining rabies shots is just one part, an
Cattle Company
cats do better in pairs, that could be a cost of expected or unavoidable part, of the cost of
12/14/2014 email.
$200 per family. That is expensive and the being a responsible pet owner. Who else is
animal shelter should offer the rabies shots at obligated to bear this cost other than the owner?
cost. Or have some kind of scholarship County government not able to subsidize the
program to help defray this cost. cost of pet ownership. Continued inoculations
Citizen states INDOOR CATS should not need will prevent rabies from becoming a public
a vaccine. health issue.
Citizen states if the cat or dog never goes off Janolyn Keller 12/29/14 See comment immediately above.
the property in rural area, then no need to
email.
vaccinate.
6.07.300 Animal license Citizen feels that if the County is going to Fraser Rotchford, email Comments noted. Ordinance is an attempt to
Fee.
license dogs and collect a fee, then it has an better regulate and monitor how citizens are
12/11/2104
obligation to take care of those dogs that are treating and taking care of their pets.
neglected by their owner.
Citizen is also against any killing of pets that
remain for too long in the animal shelter
One citizen states "no one I know can afford Susan Lind 12/11/14 Licensing fees for cats and dogs range from a
the licensing fees" proposed here. All seniors low of $3.50 per year up to a high of $24 per
benefit from having a pet, but being on a fixed year, issued for two years at a time. These costs
income cannot afford the licensing fee. are low and very minor compared to the other
costs of owning, feeding, and caring for a pet.
County is establishing fees that people cannot Felicia Allen, 12/31/14 BUT See comment immediately above.
pay in this "already depressed time." The plan
AFTER HEARING COMMENT
will be another burden on taxpayers and the
DEADLINE
Ordinance won't make things better.
6.07.310 Date due. Please include a $10 late fee if a person d/n Humane Society via Paul Policy decision for the BoCC.
renew w/in 30 days of the expiration date. The
Becker email of 12/29/14
reason for this is that the Humane Society
spends extra resources getting delinquent
people to renew their licenses and that will be
more true if a rabies vaccination is required.
Please measure the two years for a renewal Humane Society via Paul Staff recommends this clarification..
license from the expiration date regardless of
Becker email of 12/29/14
when it is renewed. Citizen hopes this is what
this section means.
MATRIX - 09 17 15 DRAFT 29 of 39
Section Written Hearing Comment Who DRAFT Staff Recommendation or Comment
6.07.320 Issuance of 320 Issuance of License: Date of expiration Deputy Alex Mintz 11/25 Staff will research whether the expiration date
licenses.
would allow better enforcement than year of can be included on the tag. If not, a licensing
issue. database or spreadsheet with some sort of tickler
system should fulfill this need.
on each tag as the tags are pre purchased from
the shelter is contacted.
6.07.330 Licenses
nontransferable.
6.07.340 Lost tags.
6.07.350 Unlawful to
remove license
tag.
6.07.360 Unlicensed dog Impounding dogs for not being licensed will Randi Briggs, email Comment noted.
Impoundment.
cost us taxpayer dollars and I find that
12/31/14.
distasteful
Why does this Ordinance allow a dog to be Jim Worthington 12/30/14 sponsibility to make sure
immediately impounded when it is in public the animal is wearing its collar and license tag
w/o a license? What if I take my dog's collar before going out in public. The persons
off or if the ACO c/n see a license, then he can enforcing this Animal Responsibility Code will
immediately impound? I remove my dog's be charged with using common-sense in
collar when we go swimming. This is forcing enforcing it. In the scenarios listed here
us to walk around with papers, didn't Germany issuance of an infraction would be unlikely.
require this of the Jews in the '30s and '40s?
6.07.370 Kennel license See citizen comments on Commercial Kennel, Based on public hearing comments raising
Required for
Private Kennel, Section .390 concerns about the definitions of Commercial
commercial
Kennel, Private Kennel and the risks posed by
kennels Allowed
individuals who may hoard many animals in
for private kennels
inhumane conditions, staff recommends that the
Ordinance be changed so that any Private
Kennel with 10 or more dogs be required to
obtain a Kennel License.
MATRIX - 09 17 15 DRAFT 30 of 39
Section Written Hearing Comment Who DRAFT Staff Recommendation or Comment
6.07.380 Kennel license 380 Tag: Date of expiration would allow better Deputy Alex Mintz 11/25 Without a tag on each dog, when the dog is in
Tag.
enforcement than year of issue. public, there is no way for the ACO to know if it
Kennel licenses are always from January 1 to has been licensed. Policy decision for BoCC to
December 31. Unless the shelter wants to start decide after consultation with the Humane
doing so, we have never issued a separate tag Society and Animal Control.
for each animal in a kennel. It might be a good
idea to issue a tag for each dog in a kennel.
Society might want to work out logistically.
6.07.390 Kennel license By having an inexpensive kennel license the Joyce and Gary Fell, Based on public hearing comments including
Application -
County is encouraging hoarders of animals b/c this one, staff recommends that the Ordinance
12/31/14
Issuance Fee
there is no inspection. Each dog at a kennel be changed so that any Private Kennel with 10
Due date.
should have a distinct license. or more dogs be required to obtain a Kennel
License. There is inspection per Section .400 of
this Ordinance upon each issuance or renewal of
a kennel license.
6.07.400 Kennel inspection. Shelters and animal welfare facilities should be Sara Penhallegon 12/07 Policy decision for BoCC to decide.
inspected regularly too.
Kennel inspectors have to be authorized to also Hanna Coate, email of Inspections in mid-term and not connected to
enter the premises in order to determine if that issuance or renewal of a kennel license are
12/30/14 w/ attachment.
particular kennel is in compliance. authorized by Section .400.
Change "may" in this section to "must" so that Joyce and Gary Fell The inspections may occur at any time. Thus, if
the inspections must occur. This will prevent a citizen complained about a neighbor who was
12/31/14
hoarders from keeping their dogs in unsafe hoarding dogs under the pretense of operating a
and/or unsanitary conditions and will work kennel, then that kennel (a purported kennel)
against hoarders keeping their pets indoors so could be inspected by the ACO.
that they do not attract the attention of the
ACO, the shelter or the neighbors.
6.07.410 Standards for Staff should work further with the ACO and
Kennels, Shelters
others on 410 standards to make them workable
and Animal
for barn cats and other working dogs and cats.
Welfare Facilities.
MATRIX - 09 17 15 DRAFT 31 of 39
Section Written Hearing Comment Who DRAFT Staff Recommendation or Comment
While the Ordinance has distinct definitions Gary Fell 12/31/14 The standards of §410 apply to private kennels
for commercial vs. private kennels, it then uses and shelters that do not get kennel licenses. The
RECEIVED AFTER THE
only the term kennel, so does this mean that title or language of Section 410 should be
HEARING COMMENT
the rules applicable to kennels are applicable to clarified in this regard.
DEADLINE
both kinds of kennels?
(formerly § 380) - Consider standards for Sara Penhallegon 12/07 Policy decision for BoCC to decide after
livestock and horses; - Shelters and animal consultation with the Humane Society and
welfare facilities should be inspected regularly Animal Control. Citizen suggests expanding the
too. - (1)(c) should define a shelter: perhaps a applicability of this section to livestock and
3+sided structure with weather-proof roof and horses. Again the catch phrase might be to have
floor. In extreme heat, allow 2x body size w/ this section apply to "non-aquatic mammals."
access to water 24 hrs/day. Provide bedding in Shelter in this case might mean the Animal
extreme cold.; - add standards for livestock too Shelter not "shelter" the noun. As for precise
(recommends getting suggestions on livestock description of what is adequate shelter, the
standards from Alex Mintz and Dr. Jan broad language found at 6.07.410(1)(a) is
Richards.. presumably more protective of animals than the
precise laundry list suggested by the citizen.
The kennel should have to comply with the Hanna Coate, email of A state statute would always be applicable to a
requirements found in RCW 16.52.310, which kennel that meets the # of dogs stated in that
12/30/14 w/ attachment.
puts an absolute limit on the # of dogs w/ their statute. Citizen may be suggesting that this
sex organs at 50 AND states if 10 or more code add an express reference to that state law.
dogs at a location, then certain space recreation If so desired, the added text could read "If
time and housing minimums must be satisfied applicable, all kennels must operate their kennel
by the kennel. in a manner that is consistent with this section
and RCW 16.52.310, as enacted or hereafter
amended."
Also if the facility is a USDA licensed dealer Hanna Coate, email of If this statement is true, then truly no need to
or breeder, then it must meet the federal health alter the text of this section to reflect what
12/30/14 w/ attachment.
and safety standards set forth by the federal already exists.
gov't before it can even apply for a county
license.
This may be a good place in the Ordinance to Sara Penhallegon 12/07 Tethering is covered in proposed Section 170.
add in something about TETHERING. See responses to comments in Section .170
Animals may not be tethered w/ choke chains,
metal or chain collars. There are other ways to
regulate tethering as in c/n do it overnight, max
is 5 hours.
MATRIX - 09 17 15 DRAFT 32 of 39
Section Written Hearing Comment Who DRAFT Staff Recommendation or Comment
6 years is way too long to allow a non-Sara Penhallegon 12/07 Only for facilities that are already determined to
compliant kennel get into compliance with the
standards of this section. Require non-proposed Ordinance provide time to come into
compliant kennel to obtain compliance in 6 strict compliance. Six years is allowed so that
months, and fix certain violatins w/in 30 days. the Kennel owner can absorb the cost over time
If it takes longer than that, then they should not and avoid creating a hardship. Adopting what is
be housing animals. proposed by this citizen would go against the
general land use principle of "grandfathering."
Forcing a modernization within 6 mont hs of
obtaining the license might be a harsh
consequence for someone trying to make a
livelihood from their existing kennel, which
might not satisfy modern standards. The BoCC
could consider shortening the time allowance if
it wishes.
It is not lawful to allow a kennel to be in Hanna Coate, email of For a variety or regulations in our nation, state
"substantial compliance" with state or federal and federal law are supreme, and are applicable
12/30/14 w/ attachment.
laws or regulations, i.e., compliance is binary, and enforceable regardless of local law. Where
either you comply fully or you don't. The that is true in kennel standards, the citizen need
federal and state laws do not allow for not be concerned. The provision in the
"substantial compliance" to be enough.
adopted kennel standards, not federal or state
standards that may be supreme.
There will always be an argument between the Hanna Coate, email of The citizen is right that reasonable minds can
County and the kennel owner about whether disagree on whether a kennel owner has reached
12/30/14 w/ attachment.
the kennel owner is in "substantial "substantial compliance." What protects the
compliance." This will lead to a waste of kennel owner and the county is that the burden
taxpayer dollars. of proof for compliance or non-compliance will
always be a preponderance of the evidence, the
lowest burden of proof. And the aggrieved
kennel owner can always appeal the decision of
the ACO to the Sheriff and seek a different
ruling. See this Code at Section .520(2).
The 42 inch limit should not apply to cats. Harold Elyea 11/24and 42" limit d/n apply to cats.
Many industrial cat enclosures are three high
11/22 email-this may be the
and would exceed 42 inches. It is standard for
cat enclosures to be on top of each other.
MATRIX - 09 17 15 DRAFT 33 of 39
Section Written Hearing Comment Who DRAFT Staff Recommendation or Comment
same single comment letter
from Mr. Elyea.
(iii) Is the County requiring all kennels be air-Harold Elyea 11/24 and No, kennel owners would be responsible for
conditioned. maintaining proper conditions, A/C would not
11/22 email
be mandatory.
(iv) be sufficiently ventilated for health reasons Harold Elyea 11/22 email Preventing condensation is the intent, not
and to prevent condensation. Citizen states setting a prescriptive exchange rate. By way of
this requires 100% change of the air every 6
minutes, can be very expensive to design and problems, yet very few homes exchange air
install such a system. nearly as often as every six minutes.
(v) Have interior walls, ceilings and floors that Harold Elyea 11/22 email In many cases, the proper paint or sealant meets
are resistant to absorption of moisture or odors. the standard.
Citizen states this would rule out cinderblocks
and perhaps also rule out drywall as material to
use for walls.
(vi) Have flooring that can be sanitized to stop Harold Elyea 11/22 email Seems to be a reasonable precaution. No
growth of bacteria. Citizen states this means a change needed.
concrete floor has to be covered in epoxy.
(vii) Have waste collection and waste removal Harold Elyea 11/22 email This text is not in the Public Hearing version of
system that keeps the facility in a sanitary Section 410. The facilities
condition shall be maintained and operated in a healthful
and sanitary manner, free from excrement build-
up, disease, infestation, and foul odors
(viii) Sufficient lighting to allow for Harold Elyea 11/22 email This standard only applies to indoor facilities.
observation of the animals 24/7. Citizen
agrees with this provision BUT asks if this
would mean he could install outdoor light
poles for dog yards.
(ix) Have a sink w/ hot and cold running Harold Elyea 11/22 email D/n require a full bath. No change.
water. Citizen asks does this mean he has to
have a full bath at the kennel or in the kennel
building?
(x) Fire suppress ion system. Citizen is glad Harold Elyea 11/22 email Fire extinguisher satisfies this requirement,
the county agrees that having a fire citizen pleased. No change.
extinguisher on hand is enough, as a sprinkler
system would be very expensive.
MATRIX - 09 17 15 DRAFT 34 of 39
Section Written Hearing Comment Who DRAFT Staff Recommendation or Comment
6.07.420 Violations (formerly § 390) - Why reduce, suspend or Sara Penhallegon 12/07 There is state law on animal cruelty in the 1st,
Penalty.
defer penalties for 2nd or 3rd violation? 2nd degrees @ RCW 16.52.205 and .207, which
County needs the fees; - What about penalties include punishments at the felony and
for abuse and neglect? Define those terms misdemeanor level, respectively. Not sure if
better, and Provide penalties such as jail time, there is any purpose in creating different
fees, ban on owning or caring for similar definitions for abuse and cruelty than what is
animals for life. already in state law. Not sure there is any
authority for the state or the county to prohibit a
person from owning a pet.
Citizen feels some sections of this proposed Hanna Coate, email of Comment noted, the staff comments attempt to
Ordinance are vague and thus unenforceable cure any confusion about certain terms of art
12/30/14 w/ attachment.
and perhaps not in line with applicable state found in state law, such as "Animal Control
law. Officer."
Citizen wants to see certain behaviors Hanna Coate, email of See RCW 16.52.205 and RCW 16.52.207,
criminalized as gross misdemeanors or which serve this purpose.
12/30/14 w/ attachment.
misdemeanors, this is what is typically found
in a modern animal responsibility code.
Violation of the minimum standards for a Hanna Coate, email of RCW 16.52.310(4) states that Section 310 d/n
kennel where there are 10 or more dogs w/ sex apply to "a publicly operated animal control
12/30/14 w/ attachment.
organs intact is a gross misdemeanor per RCW facility or animal shelter" and/or a "a private,
16.52.310(3) charitable, not-for-profit humane society or
animal adoption organization."
The County should make Animal Control aware
of this potential criminal charge.
The penalties for inhumane treatment need to Joyce and Gary Fell nimal cruelty statute found
be strong enough to discourage animal cruelty in Ch. 16.52 RCW is enforceable locally.
12/31/14
Proposed ordinance states penalties will Gary Fell 12/31/14 Not an accurate statement. The fee schedule
increase for repeated violations, but nowhere is states the penalty goes from $114 to $209 for
RECEIVED AFTER THE
there a list of the $ amounts that will be 2nd offense and $309 for 3rd offense.
HEARING COMMENT
imposed for repeat infractions.
DEADLINE
6.07.430 Violations
Abatement.
MATRIX - 09 17 15 DRAFT 35 of 39
Section Written Hearing Comment Who DRAFT Staff Recommendation or Comment
6.07.440 Notice of The problem with any enforcement action Fraser Rotchford, email A citizen would not go to jail for an infraction
Infraction.
according to one citizen is two-fold: 1) the pet and if the citizen cannot pay the cost of the
12/11/2104
goes to the pound where the pet has an infraction, then District Ct. allows the citizen to
increased chance of being put to death and 2) if pay via a payment plan.
you criminalize the behavior, then the pet
owner is in jail and can't take care of the pet
anyway.
There is no $ amount attached to the Class One Gary Fell 12/31/14 Not an accurate statement. The fee schedule
civil infraction states the penalty goes from $114 to $209 for
RECEIVED AFTER THE
2nd offense and $309 for 3rd offense.
HEARING COMMENT
DEADLINE
6.07.450 Contesting
determination of
infraction.
6.07.460 Hearing.
6.07.470 Failure to respond
to Notice of
Infraction.
6.07.480 Payment of
penalty.
6.07.490 Fees collected.
6.07.500 Declaration of
dangerous dog
Impounding of
dog
6.07.510 Declaration of (formerly § 480) In section (3), hearing officer Sara Penhallegon 12/07 Citizen misunderstood that the
dangerous dog
should "require" rather than "recommend"; - "recommendation" is a synonym for "decisi on."
Notice and
section (3)(d) should require any person It is not a verb in this context.
hearing
holding a dangerous dog on leash be 18 years As for 15 years old vs. 18 years old as the
or older rather than 15 as the proposed minimum age to hold a dangerous dog, that
Ordinance now states. could be seen as too much government
interference in a dog owner's daily life. Makes
someone who is an adult in the eyes of law
responsible for the dog. Policy decision that the
BoCC will decide.
MATRIX - 09 17 15 DRAFT 36 of 39
Section Written Hearing Comment Who DRAFT Staff Recommendation or Comment
6.07.520 Determination of
potentially
dangerous dog
Notice,
administrative
review and appeal.
6.07.530 Registration of
dangerous dogs
Requirements
Annual Fee.
6.07.540 Provisions not
exclusive.
6.07.550 Disclaimer of
liability.
6.07.560 Liberal
Construction.
I-030 Animal services.
I-030 Dog License Citizen objects to fee schedule that would Janolyn Keller 12/29/14 Greater fee for fertile dog is presumably an
charge more for uncut (not spayed?) dogs than incentive to get the dog spayed or neutered.
email.
for those that have been cut. Farm owners and
others with uncut animals know their animals
are at risk of procreating.
I-030 Cat License
(Optional)
I-030 Replacement of
Lost Tag
I-030 Surrender fee What if the owner cannot afford a $25 Sara Penhallegon 12/07 Per Section .180 there is no fee for surrendering
(charged to
Surrender Fee? That can force an owner to a stray dog, but there is a fee for surrendering
owner)
dump or neglect their animal. your dog. The $25 fee is in place to cover some
of the cost the Animal Shelter incurs to take in
another domesticated pet and also may be some
disincentive to abandon a pet.
I-030 Impound
MATRIX - 09 17 15 DRAFT 37 of 39
Section Written Hearing Comment Who DRAFT Staff Recommendation or Comment
I-030 Redemption After third (or even 2nd) time a fertile animal Sara Penhallegon 12/07 Policy decision for the BoCC. This proposal
Fertile dogs and
is redeemed, require spay/neutering at owner's may be a bit harsh for the dog that is simply
cats
cost. Include this requirement in Chapter 6.07 rambunctous and/or bred to escape but is not
as well. necessarily procreating. A dog that escapes may
or may not be procreating.
I-030 Redemption
Sterile dogs and
cats
I-030 Board Dogs and Why allow this fee to be waived? If an owner Sara Penhallegon 12/07 The shelter operator (and County) want to see
cats
cannot afford the boarding fee, they cannot animals be successfully returned to their homes.
afford to feed the animal. The Animal Shelter The shelter operator uses this flexibility based
needs this fee. on circumstance and financial means.
I-030 Livestock Livestock should have a boarding fee too, @ Sara Penhallegon 12/07 Livestock Boarding Fee is listed in the
$50/day. CVAR usually handles these, and Ordinance at $25/day. Staff will consult with
would like to receive Impound Fee and the ACO and other organizations on this.
Transport Fee as well.
I-030 Fee Table: Livestock impound, board and Deputy Alex Mintz 11/25 Further evaluation of this suggestion may be
transportation: Who charges this? Under warranted. See prior comments relating to
what JCC code? Livestock.
We would charge a fee as in the fee schedule
for livestock impound, transport and boarding,
code. The Sheriff or Animal Control Authority
would charge the fees. We would have to pay a
boarding fee to whatever facility they were
Valley Animal Rescue.
(e) Redemption of Impounded Animals.
(2) Livestock may be redeemed upon
payment of an impound fee, a boarding fee,
and, if impounding requires special
transportation, a special transportation fee. All
fees shall be charged per animal handled by the
animal control authority. Such fees shall be
established no more often than once annually
by resolution of the board of county
MATRIX - 09 17 15 DRAFT 38 of 39
Section Written Hearing Comment Who DRAFT Staff Recommendation or Comment
commissioners. This may occur concurrently
with the contract with the animal control
authority.
We might consider a simple rewrite of
6.07.250 to add livestock.
6.07.250 Redemption of animal.
(1) The owner of any domesticated animal,
including livestock which is impounded, may
redeem it subject to the following conditions:
(2) Livestock may be redeemed upon
payment of an impound fee, a boarding fee,
and, if impounding requires special
transportation, a special transportation fee. All
fees shall be charged per animal handled by the
animal control authority. Such fees shall be
established no more often than once annually
by resolution of the board of county
commissioners. This may occur concurrently
with the contract with the animal control
authority.
I-030 Remote pickup by
Animal Control
I-030 Kennel license fee
I-030 Dangerous dog
registration fee
I-030 Notice of
Infraction
MATRIX - 09 17 15 DRAFT 39 of 39
STATE OF WASHINGTON
County of Jefferson
An Ordinance Establishing } Ordinance No.
Animal Responsibility Regulations }
For Jefferson County }
WHEREAS
, Chapter 6.05 of the Jefferson County Code regulates Animal Responsibility and
Section I-030 esta blishes related fees; and
WHEREAS
, after reviewing Ch apter 6.05 and Section I-030, staff recommends multiple updates
to address nuisances; licensing; standards for kennels, shelters and animal welfare facilities;
dangerous and potentially dangerous dogs; clarifications to the roles and responsibilities for
administering and enforcing the Animal Responsibility code; fee revisions; and a variety of other
updates; and
WHEREAS
, over thirty five citizens and organizations provided input on a working draft of t he
updated code, which comments were considered by staff in making further revisions and
improvements in drafting the code; and
WHEREAS
, repealing Chapter 6.05 and replacing it with a new Chapter 6.07 would be a clear
way of codifying the changes to the A nimal Responsibility code; and
WHEREAS
, the Board of County Commissioners held a public hearing on Animal
Responsibility regulations on December 8, 2014;
NOW, THEREFORE, BE IT ORDAINED
as follows:
Section One: Repeal of Chapter 6.05 Animal Responsibili ty in the County Code.
Chapter 6.05 Animal Responsibility in Title 6 of the Jefferson County Code is hereby repealed in
its entirety.
Section Two: Creation of a new chapter in the County Code.
There is hereby added to the Jefferson County Code a new Cha pter in Title 6 entitled Chapter
6.07 Animal Responsibility, the text of which is provided in Attachment to this Ordinance
and incorporated herein.
Section Three: Amend ment of Section I-030 Animal Services Fee Schedule in the County
Code.
Section I-030 Animal Services in the Appendix Fee Schedule in the Jefferson County Code is
hereby amended, the text of which is provided in
incorporated herein.
1 of 31
Section Four: Severability.
Should any section or text of the Chapter of the Jefferson County Code entitled
be found to be unlawful by a court of competent jurisdiction or otherwise be deemed unlawful,
then all other sections of said Chapter shall remain effective and in full force.
Section Five: Eff ective Date.
This Ordinance shall be effective immediately upon adoption.
APPROVED this ______ day of , 2014.
JEFFERSON COUNTY
BOARD of COMMISSIONERS
SEAL:
John Austin, Chairman
David Sullivan, Member
ATTE ST:
Phil Johnson, Member
Carolyn Avery,
Deputy Clerk of the Board
Approved as to form only:
David Alvarez, Deputy Prosecuting Attorney
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ATTACHMENT A
Ordinance No. XX-XXXX-14
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 Hybrids
6.07.080 Harboring vicious or dangerous domesticated animal.
6.07.090 Howling and barking.
6.07.100 Injury to property or person.
6.07.110 Entry into food establishments.
6.07.120 Waste.
6.07.130 Chasing vehicles.
6.07.140 Jumping and barking at pedestrians.
6.07.150 Running in packs.
6.07.160 Animal at large.
6.07.170 Tethered animals.
6.07.180 Releasing stray to Sheriff, Animal Control or Shelter Operator.
6.07.190 Injured or diseased animals.
6.07.200 Quarantine.
6.07.210 Adoption from Animal Shelter or Animal Welfare Facility Spay/neuter
requirement License requirement.
6.07.220 Shelter Operator Duties.
6.07.230 Shelter Operator Employees.
6.07.240 Notice of impounding.
6.07.250 Redemption of animal.
6.07.260 Interference with impounding.
6.07.270 Dog control zone established.
6.07.280 Dog license Required.
6.07.290 Vaccination requirements for dogs and cats
6.07.300 Animal license Fee.
6.07.310 Date due.
6.07.320 Issuance of licenses.
6.07.330 Licenses nontransferable.
6.07.340 Lost tags.
6.07.350 Unlawful to remove license tag.
6.07.360 Unlicensed dog Impoundment.
6.07.370 Kennel license Required for commercial kennels Allowed for private kennels
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6.07.380 Kennel license Tag.
6.07.390 Kennel license Application - Issuance Fee Due date.
6.07.400 Kennel inspection.
6.07.410 Standards for Kennels, Shelters and Animal Welfare Facilities.
6.07.420 Violations Penalty.
6.07.430 Violations Abatement.
6.07.440 Notice of Infraction.
6.07.450 Contesting determination of infraction.
6.07.460 Hearing.
6.07.470 Failure to respond to Notice of Infraction.
6.07.480 Payment of penalty.
6.07.490 Fees collected.
6.07.500 Declaration of dangerous dog Impounding of dog
6.07.510 Declaration of dangerous dog Notice and hearing
6.07.520 Determination of potentially dangerous dog Notice, administrative review and
appeal.
6.07.530 Registration of dangerous dogs Requirements Annual Fee.
6.07.0 Provisions not exclusive.
54
6.07.0 Disclaimer of liability.
55
6.07.0 Liberal Construction.
56
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 an d 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, any applicable provisions of Title 16 RCW, and any other laws or
regulations regulating the control and care of animals, said function to be staffed per the
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direction of the County Commission. Animal Control shall be considered part of the Jefferson
County Office, subject to any subsequent written agreements to the contrary.
(4)"Animal Control Officer" is any person designated and duly authorized by the
County or commissioned by the Sheriff for the purpose of administering or aiding in the
enforcement of this chapter, any applicable provisions of Title 16 RCW, and any other laws or
regulations regulating the control and care of animals, acting solely within the scope of that
authorization or commission. The Sheriff, or any commissioned Deputy of the Sheriff, shall
automatically be designated as an Animal Control Officer and may exercise all rights and
obligations of an Animal Control Officer authorized by this Chapter.
(5)"Animal shelter" or 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) welfare or 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 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
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
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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. This term includes but is not
limited to guard (as defined elsewhere in this section) and which
is defined to include any dog which is six (6) months old or older.
(13) in this chapter means a dog or cat.
(14) 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 Officer.
(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.
(17) or Hobby see the definition of
elsewhere in this chapter.
(18) means the offspring of two animals of different species.
(16) 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, or 3) 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.
(17)"Jefferson County" means the unincorporated area of Jefferson County,
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.
(18) means Animal Control or those entities or departments
designated by the County Commission to receive license applications and issue licenses under
this chapter.
(19) means horses, mules, jackasses, cattle, sheep, llamas, alpacas, goats,
swine, poultry and rabbits, or other such domestic animals kept or raised for use or pleasure.
(20) guard means a dog demonstrably trained for the purpose of
protecting livestock from attack or for herding livestock.
(21)"Owner, handler or keeper" means any person, firm, corporation, organization
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
(22)
is defined in this Code.
(23)"Pet shop" means legally permitted establishment where animals bred off the
premises are offered for sale to the public.
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(24)"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.
(25)"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.
(26)"Private kennel" means a place at or adjoining a private residence, 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 and purposes other than breeding as a primary interest, such as for hunting or
organized field trials, obedience or confirmation competition. If more than ten dogs (over six
months of age), cats (over six months of age) or combination thereof 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. This term shall also be considered synonymous with and
hobby
(27)"Proof of vaccination" means a health or rabies certificate or other acceptable
proof of immunity against rabies, issued by a licensed veterinarian including the expiration date
of such vaccination.
(28)"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.
(29)"Service animal" means any guide dog, signal dog, or any other animal
individually trained to provide assistance to an individual with a disability.
(30)"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.
(31) 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.
(32)
appointment.
(33) means any domesticated animal loitering in a neighborhood or public
place without an apparent owner or home.
(34)
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 being the
cause of physical or property damage.
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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
some or all of this Chapter or 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 by
the county or commissioned by the Sheriff to aid in the enforcement, acting solely within the
scope of that authorization or commission.
6.07.050 Running at large on public property.
It is unlawful for the 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
County Commission from establishing for domesticated animals different rules and regulations
applicable within one, some or all County-owned parks and other County-owned real property
and such separate rules or regulations, if different than this this Chapter, shall apply at those
locations rather than the regulations listed in this Chapter. The Animal Control Officer
responding to an alleged violation of this Section shall have the option at their discretion to
issue an oral warning to the owner of the domesticated animal.
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 Hybrids
(a) No person shall possess, sell, offer for sale, trade, give away, acquire, import, export,
breed, release, or cause to be released a hybrid, except as provided in subsection (b) of this
section.
(b) No person shall possess a hybrid, except for:
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(1) Those hybrids that are owned while residing in the county on or prior to the effective
date of this Chapter.
(2) Those hybrids born to a mother that was both pregnant with such hybrid and owned
in the county on or prior to the effective date of this Chapter. Such offspring may be sold,
offered for sale, traded, or given away to anyone not living in the county.
(c) All hybrids must have a current county license.
(d) All hybrids must bear a permanent identification (e.g., microchip), and such permanent
(e) Owners of hybrids not in compliance with this code shall be guilty of a misdemeanor and
the animal(s) may be impounded by the animal control authority pursuant to the terms of this
Chapter.
6.07.080 Harboring vicious or dangerous domesticated animal.
(1) It is unlawful for any owner to keep, har
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.
6.07.090 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:
a.the noise from an animal(s) occurs during the hours of 10:00 pm and 7:00 am, 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 may be
clearly heard by a person of normal hearing 100 feet or more from the perceived
property line where the source animal(s) is/are located; or
b.the noise from an animal(s) occurs during the hours of 7:00 am to 10:00 pm, the noise is
continuous for a period of twenty (20) or more minutes or constitutes three or more
separate incidents of intermittent noise (as defined in this Chapter) within any two hour
period, and may be clearly heard by a person of normal hearing 150 feet or more from
the perceived property line where the source animal(s) is/are located.
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(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 by the Animal Co ntrol
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 unless, in the discretion of the responding
Animal Control Officer, an oral warning would suffice.
(4)Exceptions:
a.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.
b.Lawfully operated animal shelters, animal welfare facilities, kennels, pet shops, or
veterinary clinics shall be exempt from this section.
c.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 acti ve 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. The burden shall be on the owner of the noise-making dog to provide evidence
to the Animal Control Officer or the court that this exemption should be deemed
applicable.
(5)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.
6.07.100 Injury to property or person.
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. It is unlawful for any owner to suffer or permit any
dog to bite a person while such person is on public property or lawfully on private property. These acts
may be deemed a nuisance and any such animal may be seized and impounded.
6.07.110 Entry into food establishments.
It is unlawful for any owner to suffer or permit any animal to enter any place, building or hall
where food intended for human consumption 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 animal exhibitions or organized animal training classes.
6.07.120 Waste.
It is unlawful for any owner or other person with custody of a dog to fail to remove and dispose
of any feces excreted by the dog from any public place or any private property not owned or
leased by the owner or person with custody. The provisions of this section shall not apply to
blind persons who may use dogs as guides.
6.07.130 Chasing vehicles.
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It is unlawful for any owner to suffer or permit any dog to in any manner obstruct, chase, run
after or jump at vehicles or bicycles lawfully using the public streets, avenues, alleys and ways.
The same is a nuisance and any such dog may be seized and impounded.
6.07.140 Jumping and barking at pedestrians.
It is unlawful for any owner to keep or harbor without restraint or confinemen t any dog that
frequently or habitually snarls and growls at or snaps or jumps upon or threatens pedestrians or
bicyclists lawfully upon any sidewalks, streets, alleys, or public places. The same is a nuisance
and any such dog may be seized and impounded.
6.07.150 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.
6.07.160 Animal at large.
(1) It is unlawful for the owner or keeper of any dog whether licensed or not, or any livestock as
defined in this Chapter 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 dog 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.
6.07.170 Tethered animals
It is unlawful for any owner or keeper of any domestic animal to tether, stake, tie, or similarly restrain
any domestic animal for more than twelve (12) hours in any twenty-four (24) hour period, or in such a
manner that: it is likely to be frequently entangled, its chain or tether weighs more than one-eighth of
ch or
consume food or water, or it cannot access shelter for protection from weather.
6.07.180 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.
6.07.190 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
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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.
6.07.200 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 fees for a current license are to be
paid by the owner of the animal and release of the animal is conditioned upon payment of
these fees. Ownerless animals may be humanely destroyed and referred to the local health
department for analysis.
6.07.210 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 being adopted from an animal shelter or animal welfare society in Jefferson County
by a person residing in unincorporated East Jefferson County shall be licensed upon adoption,
and said person shall pay any unpaid fees for a current license before taking custody.
(3) A 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.
6.07.220 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). 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
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county. The Shelter Operator shall dispose of dead animals collected by the county from public
owner is known a fee may be collected therefrom for such services pursuant to the Fee
Schedule.
6.07.230 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.
6.07.240 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.
6.07.250 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 fees for a current license 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), provided that for animals impounded for the first time, the Shelter Operator
may waive or refund the impound fee:
(i) for any spayed or neutered animal based on ability to pay or extenuating
circumstances, and
(ii) for any animal which is not already spayed or neutered if the owner volunteers
the animal for spaying or neutering, deposits the fees for the spaying or neutering
with the Shelter Operator, and the animal is spayed or neutered on or before a date
specified in writing by the Shelter Operator; 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.
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(2) If said animal is not redeemed by the owner within five days, the Shelter Operator, after
complying with JCC 6.07.240, 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 shall be at the
discretion of the Shelter Operator.
6.07.260 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
6.07.420 et seq. and/or RCW 9A.76.020.
6.07. 270 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.
6.07.280 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.
6.07.290 Vaccination requirements for dogs and cats
All dogs and cats six months of age or older shall be vaccinated against rabies. If the animal is
being licensed, the owner of such dog/cat shall provide the licensing agent with proof of
vaccination of such dog/cat. This section shall not apply to any animal when a licensed
veterinarian provides a statement that the animal is not able to be vaccinated because the
animal has health issues that prevent vaccination without the further risk to the animal. An
owner who refuses to provide proof of such vaccination or statement upon
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request by the licensing agent or his/her designee shall be deemed to have failed to provide
such proof.
6.07.300 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-
for the
6.07.310 Date due.
All animal licenses shall be good for two years from the date of purchase, and a lifetime license
discretion provide for a late fee if renewal of a license does not occur within 30 days of the
expiration of the current license. All licensing periods shall be measured from the date when
the original license was either issued or the date when the original license expired.
6.07.320 Issuance of licenses.
It shall be the duty of the Licensing Agent to issue licenses to persons applying therefore upon
payment of the license fees as provided in this chapter and the Fee Schedule, and to issue a
metal 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, and the date of expiration. The tag shall bear the name of Jefferson County,
Washington, a serial number corresponding with the number of the license, and the calendar
year issued. The Licensing Agent shall keep a
chip number (if any), and rabies vaccination. 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 li cense 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. The Licensing Agent shall perform other licensing duties as may be delegated to
it by the County.
6.07.330 Licenses nontransferable.
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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.
6.07.340 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.
6.07.350 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.
6.07.360 Unlicensed dog Impoundment.
All dogs in the County Dog Control Zone not licensed as required herein are in violation of this
chapter and may be seized and impounded. All dogs in the County Dog Control Zone off the
premises of the owner, handler, or keeper not exhibiting a valid current license as required
herein are in violation of this chapter and may be seized and impounded.
6.07.370 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.
6.07.380 Kennel license Tag.
The kennel license shall contain its date of expiration and shall be prominently displayed at the
place of operation.
At the time the kennel license is issued, the person receiving same shall also provide all
necessary information for individual license tags to be issued for 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, a unique serial number, and the calendar year issued. The Licensing
color, sex, name, chip number (if any) and
rabies vaccination. No 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.
6.07.390 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:
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(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
Such written
statement shall be kept on file by the Licensing Agent, and a new 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) Submittal of a compliance verification statement from the department of
community development or reference to such statement on fil e with the Licensing Agent,
and
(iv) An inspection by the Licensing Agent or Animal Control finds that the kennel
operation or contemplated operation meets the requirements of JCC 6.07.410.
(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.
(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.
6.07.400 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 6.07.410. Entry for such inspection shall not constitute a trespass.
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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 6.07.410 may cause the
kennel license to be denied or revoked by the Licensing Agent.
6.07.410 Standards for Kennels, Shelters and Animal Welfare Facilities.
(1) Facility requirements for Kennels, Shelters and Animal Welfare Facilities for dogs and cats:
(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 breed-specific requirements including,
but not limited to, temperature, humidity, and light, and provide exercise areas
(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. I §3.6(b)(1) and (c)(1) (1-1-00 Edition);
(ii)Primary enclosures for dogs 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;
(iii)Be heated or ventilated 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
t;
(vii)Have sufficient lighting that may be turned on to allow observation of the
animals at any time of day or night;
(viii)Have available for staff a sink with hot and cold running water; and
(ix)Housing facilities must have a means of fire suppression, such as functioning
fire extinguishers, on the premises.
(c) Outdoor facilities shall:
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(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 available for staff a sink with 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
substantial
-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 findi
requirements listed here. Absent a written showing that achieving full compliance would
may be denied renewal of its license and be deemed an unlawful kennel.
(f) The owner or operator of a kennel, shelter or animal welfare facility may provide to
the Licensing Agent or Animal Control evidence that their facility is constructed,
maintained or built in a manner that provides to the do mesticated animals present there
a level of protection of their health and welfare equivalent to the level of protection
provided to those animals by the requirements listed in this subsection. The Licensing
Agent or Animal Control is not obligated to find that the owner or operator has proven
equivalence or provided proof of same. An owner or operator of a kennel, shelter or
animal welfare facility who has its evidence of alleged equivalence rejected by the
Licensing Agent or Animal Control shall have available to it all appeal rights provided in
Section 520 of this Chapter. This right of appeal granted by Section 520 is not available to
third parties who are not the owner or operator of a kennel, shelter or animal welfare
facility.
(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;
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(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 the Licensing Agent,
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.
(i)The owner or operator of a kennel, shelter or animal welfare facility may provide to
the Licensing Agent or Animal Control evidence that their facility possesses, uses,
implements or includes a procedure, protocol, process, equipment or piece of personal
property that provides to the domesticated animals present there a level of protection of
their health and welfare equivalent to the level of protection of their health and welfare
provided to those animals by the requirements listed in this subsection. The Licensing
Agent or Animal Control is not obligated to find that the owner or operator has proven
equivalence or provided proof of same. An owner or operator of a kennel, shelter or
animal welfare facility who has its evidence of alleged equivalence rejected by the
Licensing Agent or Animal Control shall have available to it all appeal rights provided in
Section 520 of this Chapter. This right of appeal granted by Section 520 is not available to
third parties who are not the owner or operator of a kennel, shelter or animal welfare
facility.
6.07.420 Violations Penalty.
Unless a different penalty or alternative result is expressly stated in another section of this
Chapter, any person, who violates any provision of this Chapter shall be issued a Notice of
Infraction, said infraction having associated with it a penalty established in the fee schedule.
The penalty associated with civil infractions shall increase for repeat violators as established in
the fee schedule. For each violation of a continuing nature, each day shall constitute a separate
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offense. In addition to the issuance of civil infractions, Animal Control is also authorized to
collect any fees it would be entitled to collect arising from the violation of this Chapter,
meaning a person determined to have an unlicensed dog would have to pay the cost of the civil
infraction and the cost of the dog license.
6.07.430 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
6.07.420, 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.
6.07.440 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;
(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 t he county has the
burden of proving, by a preponderance of the evidence, that an infraction was
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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.
6.07.450 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 in fraction 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
(3) If the person determined to have committed the inf raction 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
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.
6.07.460 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.
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(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.
(6) 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
Where it has been
established that the infraction was committed an appropriate order shall be entered in the
appeal shall be taken in accordance with the RALJ Rules. The decision of the Superior Court is
subject only to discretionary review pursuant to Rule 2.3 of the rules of appellate procedure.
6.07.470 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.
6.07.480 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.
6.07.490 Fees collected.
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.
6.07.500 Declaration of dangerous dogImpounding 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.
6.07.510 Declaration of dangerous dog Notice and hearing
(1) When Animal Control has sufficient information to determine that a dog is a dangerous dog
as defined by section 6.07.020(10), 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
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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(10);
(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 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 Animal Control, and any
supplementary material shall be admissible to prove the dog is a dangerous dog;
(g) that the owner of the dog may require an 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 Animal Control to establish by a preponderance of the
evidence that the dog is a dangerous dog;
(j) 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
6.07.530.
(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.
(l) that if the owner appeals the dangerous dog declaration the dog must be registered
provisionally pursuant to Section 6.07.530 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 Sheriff's designee acts as a hearing officer in
conjunction with a dangerous dog administrative appeal hearing, the following procedures shall
apply:
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(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 6.07.530 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;
(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.
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(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 decision, then he or she must either register the
dog as a dangerous dog in accordance with Section 6.07.530 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 Section 6.07.530 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.
6.07.520 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(24), 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(24)
(b) The breed, color, sex, and license number (if known) of said dog;
(c) The facts upon which the determ ination 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 6.07.500, and required to be registered as provided
in Section 6.07.530.
(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 6.07.510(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.
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(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
6.07.510(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 6.07.510.
(5) 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.
6.07.530 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 6.07.510. 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
a dangerous dog and posting of the premises with a clearly visible sign that there is a
dangerous dog on the property. In addition, the owner shall conspicuously display a sign
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 Animal Control in the sum of at least two hundred fifty thousand
dollars which provides for prior written notification to Animal 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
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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 Animal 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 6.07.300, 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
st
December 31, whichever comes first.
(f) Proof that an identification microchip has been implanted in the dangerous dog. The
owner of the dangerous dog shall bear the cost of having the microchip implanted.
(2) Notwithstanding the requirements set forth in subsection (1) of this section, Animal Control
may issue a provisional registration certificate where:
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 6.07.510; 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 Animal Control within 30 days of
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their arrival in Jefferson County to be evaluated by Animal Control or its 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(10). 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 Animal Control 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 Animal Control
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.
6.07.0 Provisions not exclusive.
54
The provisions of this Chapter shall be cumulative and nonexclusive, and shall not affect any
other claim, cause of action or remedy and do not repeal, amend or modify any existing law,
ordinance or regulation relating to animal responsibility, but sh all be deemed additional to
existing statutes, regulations and ordinances.
6.07.0 Disclaimer of liability.
55
Nothing contained in this Chapter is intended to be nor shall be construed to create or form the
basis for any liability on the part of the county, its officers, employees or agents, for any injury
or damage resulting from the failure of anyone to comply with the provisions of this Chapter, or
by reason or in consequence of the implementation or enforcement pursuant to this Chapter,
or by reason of any action or inaction on the part of the county related in any manner to the
enforcement of this Chapter by its officers, employees or agents.
6.07.0 Liberal Construction.
56
This Chapter shall be liberally construed to carry out its broad purposes.
END of Chapter
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ATTACHMENT B
Ordinance No. XX-XXXX-14
I-030 Animal services.
Additional Fee and/or Other
Fee
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 License (Optional)
For each fertile cat
Two-year license $18.00
Lifetime license $197.00
For each sterilized cat (upon proof of spay or
neuter)
Two-year license $7.00
Lifetime license $38.00
Replacement of Lost Tag $5.00
Surrender fee (charged to owner)
Cats $25.00
Dogs $40.00
Impound
Unlicensed dog on impound $50.00
Cats $25.00
Dogs $25.00
Puppies $25.00
Redemption Fertile dogs and cats
Redemption from First impound $60.00 May be waived or refunded: see code
Redemption from Second impound $90.00
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Additional Fee and/or Other
Fee
Information
Redemption from Third impound et seq. $120.00
Redemption Sterile dogs and cats
Redemption from First impound $30.00 May be waived or refunded: see code
Redemption from Second impound $45.00
Redemption from Third impound et seq. $60.00
Per day. Fee may be reduced or waived
Board Dogs and cats $20.00 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
Remote pickup by Animal Control $25.00
Commercial if paid after February 28th,
Kennel license fee $96.00
add $10.00
Dangerous dog registration fee $319.00
Notice of Infraction
First offense $114.00
Second offense $209.00
Third offense $309.00
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