HomeMy WebLinkAbout121415_ra01JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners F
FROM: Philip Morley, County Administrator
DATE: December 14, 2015
RE: Hearing re: Proposed Animal Control Ordinance;
STATEMENT OF ISSUE: The County Commissioners will hold a Public Hearing to accept
testimony on a new Animal Control Ordinance.
ANALYSIS: The County Commissioners will hold a Public Hearing for a Proposed Animal
Control Ordinance. The proposed Animal Control Ordinance would apply to unincorporated
Jefferson County.
This will be the second public hearing on a new animal code ordinance. The first public hearing
was held on December 8, 2014 with the written record held open until December 31, 2014.
Based on extensive review and deliberation on the 2014 record, the County Commissioners
amended the proposed ordinance, and the revised ordinance is now subject to a new hearing.
The enclosed revised draft ordinance is presented in clean version, as well as in tracked changes
showing changes from the draft of December 2014.
The revised proposed ordinance includes the following sections, as shown on the next page:
Section One would repeal chapter 6.05 Animal Responsibility of the County Code.
Section Two would create a new chapter 6.07 Animal Control in the County Code, with the
following sections:
Purpose.
Definitions.
Seizing and Impounding.
Enforcement.
Animal at large.
Running in packs.
Jumping and barking at persons.
Chasing vehicles.
Injury to property or person.
Female in heat.
Harboring vicious or dangerous
domesticated animal.
Nuisance noise.
Entry into food establishments.
Waste.
Tethered animals
Releasing stray to Animal Control or
Shelter Operator.
Injured or diseased animals.
Quarantine.
Adoption from Animal Shelter or
Animal Welfare Facility –
Spay/neuter requirement – License
requirement.
Shelter Operator – Duties.
Notice of impounding.
Redemption of animal.
Interference with impounding.
Dog control zone established.
Dog license – Required.
Vaccination requirements for dogs and
cats
Animal license – Fee.
Date due.
Issuance of licenses.
Licenses nontransferable.
Lost tags.
Unlawful to remove license tag.
Unlicensed dog – Impoundment.
Kennel license – When required
Kennel license – Tags for dogs.
Kennel license – Application - Issuance
– Fee – Due date.
Kennel license facility inspection.
Standards for Commercial Kennels,
Shelters, Animal Welfare Facilities
and Facilities with Ten or More
Dogs or Ten or More Non -Feral
Cats.
Violations – Penalty.
Violations – Abatement.
Notice of Infraction.
Contesting determination of infraction.
Hearing.
Failure to respond to Notice of
Infraction.
Payment of penalty.
Fees collected.
Declaration of dangerous dog—
Impounding of dog
Declaration of dangerous dog – Notice
and hearing
Determination of potentially dangerous
dogNotice, administrative review
and appeal.
Registration of dangerous dogs—
Requirements—Annual Fee.
Provisions not exclusive. -
Disclaimer of liability.
Liberal Construction.
Section Three would amend Section I-030 Animal Services Fee Schedule in the County Code.
Section Four would address Severability.
Section Five would establish an Effective Date.
The public hearing provides all citizens and organizations an opportunity to offer verbal and
written testimony on the proposed ordinance, which will inform the Commissioners'
deliberations on finalizing and adopting an ordinance.
FISCAL IMPACT: No significant impact is anticipated, as the proposed new code adjusts
current practices, but does not add significant new responsibilities.
RECOMMENDATION: Conduct the public hearing, deliberate on the oral and written
testimony, and enact the ordinance with or without amendments.
REVJEWED
Amid,
•• r• • •
Date
STATE OF WASHINGTON
County of Jefferson
An Ordinance Establishing } Ordinance No.
Animal Control Regulations }
For Jefferson County }
WHEREAS, Chapter 6.05 of the Jefferson County Code regulates Animal Responsibility and
Section 1-030 establishes related fees; and
WHEREAS, after reviewing Chapter 6.05 and Section 1-030, 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 the
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 Animal Responsibility code; and
WHEREAS, the Board of County Commissioners held a public hearing on proposed Ordinance
establishing Animal Responsibility regulations on December 8, 2014; and
WHEREAS, upon review of the complete record of public testimony from the December 8, 2014
public hearing, and upon considerable deliberation, the Board of County Commissioners made
a variety of changes to the proposed Animal Control Ordinance, and determined that the
further public review through a second public hearing would provide important input for their
continued deliberations; and
WHEREAS, the Board of County Commissioners held a second public hearing on an amended
proposed Animal Control Ordinance on December XX, 2015, and after reviewing the hearing
record, have completed their deliberations;
NOW, THEREFORE, BE IT ORDAINED as follows:
Section One: Repeal of Chapter 6.05 Animal Responsibility in the County Code.
Chapter 6.05 Animal Responsibility in Title 6 of the Jefferson County Code is hereby repealed in
its entirety.
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Section Two: Creation of a new chapter in the County Code.
There is hereby added to the Jefferson County Code a new Chapter in Title 6 entitled "Chapter
6.07 Animal Control," the text of which is provided in Attachment "A" to this Ordinance and
incorporated herein.
Section Three: Amendment of Section 1-030 Animal Services Fee Schedule in the County Code.
Section 1-030 Animal Services in the Appendix Fee Schedule in the Jefferson County Code is
hereby amended, the text of which is provided in Attachment "B" to this Ordinance and
incorporated herein.
Section Four: Severability.
Should any section or text of this Ordinance be found to be unlawful by a court of competent
jurisdiction or otherwise be deemed unlawful, then all other sections of said Ordinance shall
remain effective and in full force.
Section Five: Effective Date.
This Ordinance shall be effective immediately upon adoption.
APPROVED this day of
SEAL:
Fill 19:611
Carolyn Avery,
Deputy Clerk of the Board
Approved as to form only:
David Alvarez, Deputy Prosecuting Attorney
, 2015.
JEFFERSON COUNTY
BOARD of COMMISSIONERS
David Sullivan, Chairman
Phil Johnson, Member
Kathleen Kier, Member
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ATTACHMENT A
Ordinance No. XX-XXXX-15
Chapter 6.07
ANIMAL CONTROL
6.07.010
Purpose.
6.07.020
Definitions.
6.07.030
Seizing and Impounding.
6.07.040
Enforcement.
6.07.050
Animal at large.
6.07.060
Running in packs.
6.07.070
Jumping and barking at persons.
6.07.080
Chasing vehicles.
6.07.090
Injury to property or person.
6.07.100
Female in heat.
6.07.110
Harboring vicious or dangerous domesticated animal.
6.07.120 Nuisance noise.
6.07.130 Entry into food establishments.
6.07.140 Waste.
6.07.150 Tethered animals
6.07.160 Releasing stray to Animal Control or Shelter Operator.
6.07.170 Injured or diseased animals.
6.07.180 Quarantine.
6.07.190 Adoption from Animal Shelter or Animal Welfare Facility — Spay/neuter
requirement — License requirement.
6.07.200 Shelter Operator — Duties.
6.07.210 Notice of impounding.
6.07.220 Redemption of animal.
6.07.230 Interference with impounding.
6.07. 240 Dog control zone established.
6.07.250 Dog license — Required.
6.07.260 Vaccination requirements for dogs and cats
6.07.270 Animal license — Fee.
6.07.280 Date due.
6.07.290 Issuance of licenses.
6.07.300 Licenses nontransferable.
6.07.310 Lost tags.
6.07.320 Unlawful to remove license tag.
6.07.330 Unlicensed dog — Impoundment.
6.07.340 Kennel license —When required
6.07.350 Kennel license —Tags for dogs.
6.07.360 Kennel license — Application - Issuance — Fee — Due date.
6.07.370 Kennel license facility inspection.
6.07.380 Standards for Commercial Kennels, Shelters, Animal Welfare Facilities and
Facilities with Ten or More Dogs or Ten or More Non -Feral Cats.
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6.07.390 Violations — Penalty.
6.07.400 Violations — Abatement.
6.07.410 Notice of Infraction.
6.07.420 Contesting determination of infraction.
6.07.430 Hearing.
6.07.440 Failure to respond to Notice of Infraction.
6.07.450 Payment of penalty.
6.07.460 Fees collected.
6.07.470 Declaration of dangerous dog—impounding of dog
6.07.480 Declaration of dangerous dog— Notice and hearing
6.07.490 Determination of potentially dangerous dog—Notice, administrative review and
appeal.
6.07.500 Registration of dangerous dogs—Requirements—Annual Fee.
6.07.510 Provisions not exclusive.
6.07.520 Disclaimer of liability.
6.07.530 Liberal Construction.
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6.07.010 Purpose.
It is hereby declared the public policy of Jefferson County to encourage, secure and enforce
those animal control measures deemed desirable and necessary, for the protection of human
health, safety and welfare, and to the greatest degree practicable, to prevent injury to property
and cruelty to animal life. To this end, it is the purpose of this Chapter to: provide for a dog
control zone for licensing of dogs and cats; set standards for the humane use, care and
treatment of animals; control animal behavior so that it shall not constitute a nuisance; and
provide for the enforcement of county code and state law as pertains to animals.
6.07.020 Definitions.
In construing provisions of this chapter, except where otherwise plainly declared or clearly
apparent from the context, words used in this chapter shall be given their common and
ordinary meaning and in addition, the following definitions shall apply:
(1) "Abatement" means the termination of any violation by reasonable and lawful means
determined by the animal control officer in order that a person or persons presumed to be the
owner or keeper shall comply with this chapter.
(2) "Animal" means any bird, reptile, amphibian, or nonhuman mammal.
(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 direction of the County
Commission. Animal Control shall be assigned to the Jefferson County Sheriff's Office, and shall
be the County's animal care and control agency, subject to any subsequent written agreements
to the contrary or subsequent decisions of the County Commission.
(4) "Animal Control Officer" is any person designated and duly authorized pursuant to
Chapter 16.52 RCW, or 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 "shelter" means a facility which is designated by the County to
house or contain stray, homeless, abandoned, impounded or unwanted animals, and which is
owned, operated or maintained by a public body, or by an established humane society, animal
welfare society, society for the prevention of cruelty to animals or other nonprofit organization
designated by the County, which is devoted to the welfare, protection, and humane treatment
of animals.
(6) "Animal welfare facility" or "welfare facility" means a facility other than an animal
shelter that controls, rescues, shelters, cares for, adopts out, or disposes of stray, homeless,
abandoned, or unwanted animals, and which is owned, operated or maintained by an
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organization registered with the Washington Secretary of State's Office as a non-profit humane
society, animal welfare society, society for the prevention of cruelty to animals or other
nonprofit organization devoted to the welfare, protection, and humane treatment of animals.
(7) "At large" means physically off the premises of the owner, handler, or keeper, and not
secured by a leash eight feet or less in length, or not otherwise under control of a 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) or
five or more non -feral cats (over six months of age) are boarded, bred, bought, sold, exhibited
or trained for profit on a regular basis, or that produces for sale more than two (2) litters of
dogs per year or more than two (2) litters of cats per year; but not including a pet shop, animal
shelter, animal welfare facility, or veterinary clinic/hospital where boarding is incidental to
treatment.
(10) "Dangerous dog" means any dog that (a) inflicts severe injury or multiple bites on a
human being without provocation on public or private property, (b) inflicts severe injury,
multiple bites, or kills an animal without provocation while the dog is off the owner's or
keeper's property, or (c) has previously been found to be potentially dangerous, the owner or
keeper having received Notice of such and the dog again aggressively bites, attacks, or
endangers the safety of humans or animals. If two or more dogs jointly engage in any conduct
described in this subsection, thereby rendering proof of the individual dog that inflicted any
particular injury difficult to ascertain, then regardless of the degree of participation by the
individual dog(s), all such dogs shall be deemed dangerous dogs. A dog shall not be declared
dangerous if the threat, injury, or damage was sustained by a person who, at the time, was
committing a willful trespass or other tort upon the premises occupied by the owner or keeper
of the dog, or was tormenting, abusing or assaulting the dog, or was committing or attempting
to commit a crime.
(11) "Day" means a calendar day unless otherwise described. In computing any period of
time prescribed in this chapter, the day of the act, event, or default from which the designated
period of time begins to run shall not be included. The last day of the period shall be included,
unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of
the next day that is not a Saturday, Sunday or legal holiday. Legal holidays are prescribed in
RCW 1.13.050.
(12) "Dog" means a domesticated Canis lupus familiaris. This term includes but is not limited
to "livestock guard dogs" (as defined elsewhere in this section) and "adult dogs," which is
defined to include any dog which is six (6) months old or older.
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(13) "Domesticated animal" in this chapter means a dog or cat.
(14) "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.
(15) "Intermittent Noise" is defined as including any of the following: 1) noise of 15 seconds
or more duration occurring five or more distinct times within a 30 minute period or 2) noise of
15 seconds or more duration occurring three or more times in 10 minutes, 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.
(16) "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.
(17) "Kennel" means any location or facility where ten (10) or more adult dogs reside or are
kept or where ten (10) or more non -feral adult cats reside or are kept, or any "commercial
kennel," as that term is defined elsewhere in this Chapter.
(18) "Licensing Agent" means Animal Control or those entities or departments designated
by the County Commission to receive license applications and issue licenses under this chapter.
(19) "Livestock" means horses, mules, donkeys, cattle, sheep, llamas, alpacas, goats, swine,
poultry and rabbits, or other such domestic animals kept or raised for use or pleasure.
(20) "Livestock guard dog" 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 "owner."
(22) "Pack of dogs" means a group of two or more dogs running at large, as that term 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.
(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
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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) "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.
(27) "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.
(28) "Service animal" means any dog that is individually trained to do work or perform tasks for
the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or
other mental disability, as specified in RCW 49.60.218.
(29) "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.
(30) "Shelter Operator" means the person, entity, or organization charged by the County
Commission with managing and operating the Animal Shelter, said management or operation
being subject to any relevant Interlocal Agreement between the County and another city or
county.
(31) "Sheriff" means the person serving as Sheriff for Jefferson County via election or
appointment.
(32) "Stray" means any domesticated animal loitering in a neighborhood or public place
without an apparent owner or home.
(33) "Under control" means the animal, while off of a leash and/or off the owner's premises,
is under voice and/or signal control of a competent person so as to be thereby restrained from
approaching any bystander or other animal and from causing or being the cause of physical or
property damage.
6.07.030 Seizing and Impounding.
All seizing of domesticated animals and livestock as provided for in this chapter shall be done by
an Animal Control Officer. Seized domesticated 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. Seized livestock may be delivered to an animal welfare facility or
acceptable private facility.
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
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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 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, or to be at large
on 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.
However, this section shall not prohibit a person from walking or exercising a dog in public
property 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 are not allowed. This section shall not apply to any real
property that is designated with formal signage and demarcated boundaries as an "off leash"
area. Nothing in this section shall prohibit the 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.
(2) 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 animal. Any dog or
livestock 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 to pose a
danger for apprehension or to be diseased.
6.07.060 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.
6.07.070 Jumping and barking at persons.
It is unlawful for any owner to keep or harbor without restraint or confinement any dog that
frequently or habitually snarls and growls at or snaps or jumps upon or threatens persons
lawfully upon any sidewalks, streets, alleys, or public places. The same is a nuisance and any
such dog may be seized and impounded.
6.07.080 Chasing vehicles.
It is unlawful for any owner to suffer or permit any dog to in any manner obstruct, chase, run
after or jump at vehicles 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.
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6.07.090 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.
6.07.100 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.
6.07.110 Harboring vicious or dangerous domesticated animal.
(1) It is unlawful for any owner to keep, harbor or maintain on or off the owner's premises
in a manner liable to endanger the safety of persons or property lawfully upon the premises, or
upon any street, avenue, alley, public or private place, or to allow to run at large within
Jefferson County, any domesticated animal exhibiting vicious propensities. Such animal is a
nuisance and may be immediately seized and impounded. 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.
(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.
6.07.120 Nuisance noise.
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 between 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 between 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
Control Officer of the circumstances that caused the Animal Control Officer to conclude this
section has been violated.
(3) A violation of this section is a Class I Civil Infraction 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, pet shops, or
veterinary clinics shall be exempt from this section, and commercial kennels which have
received a land use permit pursuant to JCC 18.20.060, or which were established before
January 16, 2001 as legal non -conforming uses, shall also 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 active threat, shall
be exempt from this section. Noise from a livestock guard dog that is produced for other
purposes other than to actively herd or protect livestock from an active threat is not
exempt. 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.
6.07.130 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.
6.07.140 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.
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6.07.150 Tethered animals
It is unlawful for any owner or keeper of any domesticated animal to tether, stake, tie, or similarly
restrain any domesticated 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 the animal's weight, it is tethered using a choke collar or its breathing
is impaired, it cannot reach or consume food or water, or it cannot access shelter for protection
from weather.
6.07.160 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.
6.07.170 Injured or diseased animals.
Any animal suffering from serious injury or disease may be destroyed by Animal Control or the
Shelter Operator; provided, that if the owner is known Animal Control or the Shelter Operator
shall notify the owner prior to destruction, and if the owner is unknown, shall make all
reasonable efforts to locate and notify the owner, prior to destruction. Reasonable veterinary
consultation and treatment may be acquired at discretion of Animal Control or the Shelter
Operator.
6.07.180 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.
6.07.190 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.
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(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.
6.07.200 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), provided that
the Shelter Operator may waive the surrender fee based on ability to pay or extenuating
circumstances. Such animals shall be provided with proper care, food and water while
confined. The Shelter Operator shall provide for the redemption, adoption, licensing and
disposal of such animals as authorized by law, and shall perform other duties assigned to it
under this Chapter and such other duties as may be delegated to it by the County. The Shelter
Operator may charge applicable fees pursuant to the Fee Schedule of the Jefferson County
Code and as may be authorized by the county. The Shelter Operator shall dispose of dead
animals collected by the county from public lands in unincorporated East Jefferson County and
delivered to the shelter, and if the animal's owner is known a fee may be collected therefrom
for such services pursuant to the Fee Schedule.
6.07.210 Notice of impounding.
When any animal is impounded under the provisions of this chapter, Animal Control or the
Shelter Operator shall as soon as feasible notify the owner, if the owner is known, of such
impoundment and the terms upon which the animal can be redeemed. If the owner of the
animal so impounded is unknown, then Animal Control or the Shelter Operator shall make all
reasonable efforts to locate and notify the owner of the impounding of the animal. Any animal
so impounded shall be held for the owner at least five days.
6.07.220 Redemption of animal.
(1) The owner of any licensed domesticated animal, which is impounded for the first time,
may redeem it within five days at no cost. Under all other circumstances, redemption by the
owner of an impounded domesticated animal shall be 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;
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(d) Payment of a redemption fee for the return of the animal to its original owner
(see fee schedule); and
(e) For animals impounded for the first time, the Shelter Operator may waive,
reduce or refund the impound fee and/or 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.
(2) If said animal is not redeemed by the owner within five days, the Shelter Operator, after
complying with JCC 6.07.210, may take the following action:
(a) Hold the animal for an additional length of time for the owner;
(b) Sell or adopt the animal as a pet to another person; or
(c) Destroy or otherwise dispose of the animal.
(3) If the animal is diseased such as to be an imminent threat to the public health or other
animals, the animal may be immediately destroyed; provided the Shelter Operator has made a
reasonable attempt to locate and notify the owner. Veterinary consultation shall be at the
discretion of the Shelter Operator.
6.07.230 Interference with impounding.
Any person who interferes with, hinders, delays or impedes any officer in enforcement of the
impounding provisions of this chapter commits a violation punishable as provided in JCC
6.07.390 et seq. and/or RCW 9A.76.020.
6.07. 240 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.
6.07.250 Dog license — Required.
It is unlawful for any person to own, keep or have control of any dog over the age of six months
in the County Dog Control Zone unless said person, firm, corporation, organization or
department has procured a license therefore as provided in this chapter. A person may license
a dog six months or less in age, a dog in other portions of Jefferson County, and cats, and shall
pay the license fees as provided in this chapter and the Fee Schedule.
The requirement to procure a license shall not apply under the following circumstances:
(1) The owner has been a resident of the County Dog Control Zone for 30 days or less; or
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(2) The owner has owned, kept or been in control of the dog for 30 days or less or the dog,
at the time of application for license, is less than six months of age.
These exceptions do not apply to licenses required at the time of adoption or redemption from
an animal shelter or animal welfare facility in Jefferson County.
6.07.260 Vaccination requirements for dogs and cats
All dogs and cats six months of age or older shall be vaccinated against rabies. 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 veterinarian's statement upon
request by the licensing agent or his/her designee shall be deemed to have failed to provide
such proof.
6.07.270 Animal license — Fee.
The following fees shall be paid for animal licenses under this chapter:
(1) For each dog or cat spayed or neutered (upon proof of spaying or neutering), see fee
schedule;
(2) For each dog or cat not spayed or neutered, see fee schedule;
Provided, that licenses and tags shall be provided free of charge by the Licensing Agent to
hearing aid dogs properly trained to assist the hearing impaired and to guide dogs properly
trained to assist blind persons when such dogs are actually being used to assist the hearing
impaired or blind person in the home or in going from place to place; to dogs being currently
trained for such purposes in a school or program approved or accredited by a professional
organization or association, either for profit or not for profit; and to young dogs being raised, to
be trained on reaching maturity as guide dogs, under the 4-H program known as "Guide Dogs
for the Blind." Licensing agents, in writing such licenses, shall insert the words "Hearing Aid" or
"Guide Dog" in the space allotted for, and in place of, a stated fee.
6.07.280 Date due.
All animal licenses shall be good for two years from the date of purchase, and a lifetime license
shall be good for the remainder of the animal's life. The County Commission may at its
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.
6.07.290 Issuance of licenses.
It shall be the duty of the Licensing Agent to issue licenses to persons applying therefore upon
payment of the license 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,
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Washington, a serial number corresponding with the number of the license, and the calendar
year issued. The Licensing Agent shall keep a record of the animal's breed, color, sex, name,
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 license tag for the current year; provided, that this provision shall not be
maintained to apply to a hunting dog in a controlled hunt by a competent person or to show
dogs on the show grounds or to dogs engaged in formal obedience training. As an alternative to
a license tag, an animal may be identified as licensed by being tattooed on its inside ear or on
its inside thigh or groin with a permanent license number approved and on file with the animal
licensing agent. The Licensing Agent shall perform other licensing duties as may be delegated to
it by the County.
6.07.300 Licenses nontransferable.
Animal licenses as provided in this chapter shall not be transferable from one animal to
another; provided, that nothing contained in this section shall be construed to prevent a license
being transferred from one owner to another.
6.07.310 Lost tags.
Lost tags may be replaced by a substitute identification tag upon payment of a fee as provided
in the fee schedule, to the Licensing Agent.
6.07.320 Unlawful to remove license tag.
It is unlawful for any person other than the owner or keeper to remove a license tag from any
dog licensed under the provisions of this chapter.
6.07.330 Unlicensed dog — Impoundment.
All dogs in the County Dog Control Zone not 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.
6.07.340 Kennel license — When required
It is unlawful for any person to own, maintain or operate a commercial kennel in the County
Dog Control Zone unless said person has a kennel license. In addition, in the County Dog
Control Zone any keeper of ten or more adult dogs or ten or more adult non -feral cats must
have a kennel license. No kennel license is required for a pet shop, animal shelter, animal
welfare facility, or veterinary clinic/hospital where boarding is incidental to treatment.
6.07.350 Kennel license — Tags for dogs.
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 receive an
individual license tag for each dog at no additional cost. The Licensing Agent shall keep a record
of the animal's breed, color, sex, name, chip number (if any) and rabies vaccination. No further
licensing is required for such animals until the license expires.
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It is the responsibility of the licensee to transfer to the licensing agency the new owner
information at the time of sale or transfer of ownership.
Individual kennel license tags shall not be issued for individual dogs or cats boarded on a limited
time basis (30 days or less) at a recognized boarding kennel.
6.07.360 Kennel license — Application - Issuance — Fee — Due date.
(1) Kennel licenses shall be issued by the Licensing Agent.
(a) A kennel license applicant shall submit a license application for each facility in a
form prescribed by the Licensing Agent, including but not limited to:
(i) Name, address, and telephone number of the owner or operator of the
facility and the address of the facility and if it is a commercial kennel, its name;
(ii) A brief description of the magnitude and nature of the contemplated
operation;
(iii) A written acknowledgement that by applying for a kennel license, the
applicant grants the Licensing Agent or Animal Control Officer the right from the
date of application through the term of the license, with reasonable notice, to
enter the premises of the applicant where the animals are kept between the
hours of 9:00 a.m. and 5:00 p.m., to inspect the facility and its operation for
compliance with this Chapter;
(iv) The applicant's signature;
(v) A kennel license fee;
(vi) For a commercial kennel, a written statement from the Jefferson County
department of community development verifying that the kennel is a permitted
use or a legal nonconforming use under the County's Unified Development Code
(Title 18 JCC). Such written statement shall be kept on file by the Licensing
Agent, and 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
only upon:
(i) Submittal of a license application consistent with subsection (1)(a),
(ii) Payment of the applicable license fee,
(iii) For a commercial kennel, submittal of a compliance verification
statement from the department of community development or reference to
such statement on file with the Licensing Agent, and
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(iv) An inspection by the Licensing Agent or Animal Control that finds that the
facility and its operation or contemplated operation meets the requirements of
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(c) For license renewals, the license applicant shall submit a renewal application and
license fee 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 under this
chapter.
(3) Due date. All kennel licenses granted under this chapter shall be due and payable the
first day of January of each year. If the kennel license fee is not paid on or before February 28th
of each year, the applicant shall pay a penalty fee (see fee schedule) in addition to the regular
fee as stated above; provided, the applicant shall not pay the penalty fee if the applicant has
owned, maintained or operated the kennel for one month or less.
6.07.370 Kennel license facility 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 premises of the applicant where the animals are kept and make an inspection
to ascertain the number of dogs or cats maintained by the applicant, and to determine if the
facility and its operation complies with the standards in JCC 6.07.380. Entry for such inspection
shall not constitute a trespass. Upon issuance of the kennel license and throughout the term of
the license, the facility of the licensee where the animals are kept and its operation may be
subject to inspection upon the same conditions as above, for the same purposes. Failure by the
license applicant or holder to allow an inspection pursuant to this chapter or failure to comply
with the standards in JCC 6.07.380 may cause the kennel license to be denied or revoked by the
Licensing Agent.
6.07.380 Standards for Commercial Kennels, Shelters, Animal Welfare Facilities and Facilities
with Ten or More Dogs or Ten or More Non -Feral Cats.
(1) Facility requirements for Commercial Kennels, Shelters and Animal Welfare Facilities for
dogs and cats, and facilities with ten or more adult dogs or ten or more adult non -feral 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
appropriate to the animals' size, breed, and characteristics.
(b) Indoor facilities shall:
(i) Provide the animal with adequate space for movement and ability to sit,
lie, stand, and stretch without touching the sides or top of housing. For cats and
dogs, the primary enclosure for each animal shall meet or exceed the space
requirements of 9 CFR Ch. I §3.6(b)(1) and (c)(1) (1-1-00 Edition);
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(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, or otherwise demonstrate to the satisfaction of the Animal
Control Officer that sanitary conditions will be maintained;
(vi) Have flooring with a surface that can be sanitized and treated to
minimize growth of harmful bacteria, or otherwise demonstrate to the
satisfaction of the Animal Control Officer that sanitary conditions will be
maintained, said flooring shall not be constructed with wire or other materials
that may damage or irritate animals' feet;
(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:
(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, or otherwise demonstrate to the
satisfaction of the Animal Control Officer that sanitary conditions will be
maintained;
(B) Have available for staff a sink with hot and cold running water.
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(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 Authority is able to make written findings that the subject kennel is in
"substantial compliance" with the requirements listed here and that non-compliance
with one or more of the requirements of this section will not endanger or harm the
animals housed at that kennel.
(e) Any kennel issued a license based upon a written finding of its "substantial
compliance" with the requirements listed here shall have six (6) years from the issuance
date of its first "substantial compliance" license to achieve full compliance with all the
requirements listed here. Absent a written showing that achieving full compliance
would cause an undue hardship, at the end of the six year period described here a
"substantial compliance" licensee who has not yet achieved full compliance with these
requirements may be denied renewal of its license and be deemed an unlawful kennel.
(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 domesticated 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 6.07.490 of this Chapter. This right of appeal granted by Section 6.07.490 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;
(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
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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 6.07.490 of this Chapter. This right of appeal granted by Section 6.07.490 is
not available to third parties who are not the owner or operator of a kennel, shelter or
animal welfare facility.
6.07.390 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
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.
6.07.400 Violations — Abatement.
(1) Any person violating any of the provisions of this chapter in the keeping or maintenance
of any nuisance as defined in this chapter may, in addition to the penalty provided for in JCC
6.07.390, be ordered, by the court in such action, to forthwith abate and remove such
nuisance. If the same is not done by the owner or keeper within a reasonable amount of time
as determined by the court, the same shall be abated and removed under the direction of any
officer authorized by the order of the court.
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(2) If a person who has been issued a Notice of Infraction elects not to request a hearing,
Jefferson County may request a hearing for the purpose of determining whether an order of
abatement should issue.
(3) When such nuisance has been abated by any officer or authorized agent of Jefferson
County the costs and expenses shall be taxed as part of the costs of the action against the
party. In all cases where an officer is authorized by the court to abate any such nuisance, he
shall keep an account of all expenses attending such abatement. In addition to other powers
herein given to collect such costs and expenses, Jefferson County may bring suit for the same in
a court of competent jurisdiction against the person keeping or maintaining the nuisance so
abated.
6.07.410 Notice of Infraction.
(1) A Notice of Infraction represents a determination that a violation has been committed.
The determination will be final unless contested as provided in this chapter.
(2) A Washington Uniform Court Docket Citation in conformity with RCW 7.80.070 as
currently enacted or hereafter amended may be used as the form for the Notice of
Infraction. If a different form or document is used it shall contain all text required of a Uniform
Court Docket Citation by RCW 7.80.070, as currently enacted or hereafter amended.
6.07.420 Contesting determination of infraction.
(1) Any person who receives a Notice of Infraction under this chapter shall respond to such
Notice as provided in this section with seven days of the date of the Notice.
(2) If the person determined to have committed the infraction does not contest the
determination, the person shall respond by completing the appropriate portion of the Notice of
Infraction and submitting it, either by mail or in person, to the court specified on the Notice.
Payment in the amount of the penalty prescribed for the infraction must be submitted with the
response. When a response which does not contest the determination is received, an
appropriate order shall be entered in the court's records.
(3) If the person determined to have committed the infraction wishes to contest the
determination, the person shall respond by completing the portion of the Notice of Infraction
requesting the hearing the submitting it either by mail or in person to the court specified on the
Notice. The court shall notify the person in writing of the time, place and date of the hearing,
and that date shall not be sooner than seven days from the date of the Notice, except by
agreement.
(4) If the person determined to have committed the infraction does not contest the
determination but wishes to explain mitigating circumstances surrounding the infraction the
person shall respond by completing the portion of the Notice of Infraction requesting a hearing
for that purpose and submitting it, either by mail or in person, to the court specified on the
Notice. The court shall notify the person in writing of the time, place and date of the hearing.
(5) If any person issued a Notice of Infraction fails to respond to the Notice of Infraction as
provided in subsection (2) of this section, or fails to appear at a hearing requested pursuant to
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subsection (3) or (4) of this section, the court shall enter an appropriate order assessing the
monetary penalty prescribed for the infraction and any other penalty authorized by this
chapter.
6.07.430 Hearing.
(1) A hearing held for the purpose of contesting the determination that an infraction has
been committed shall be without a jury.
(2) Any person subject to proceedings under this chapter may be represented by counsel.
(3) The attorney representing the county may appear in any proceeding under this chapter
but need not appear, notwithstanding any rule of court to the contrary.
(4) The officer who issued the Notice must appear at such hearing, and may subpoena
witnesses. The person named in the Notice may subpoena witnesses, including the officer, and
also has the right to present evidence and examine witnesses present in court.
(5) The burden of proof is upon the county to establish a commission of the infraction by a
preponderance of the evidence.
(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 an order dismissing the Notice shall be entered in the court's records. Where it has
been established that the infraction was committed an appropriate order shall be entered in
the court's records.
(7) An appeal from the court's determination or order shall be to the Superior Court. Such
appeal shall be taken in accordance with the RAU Rules. The decision of the Superior Court is
subject only to discretionary review pursuant to Rule 2.3 of the rules of appellate procedure.
6.07.440 Failure to respond to Notice of Infraction.
There shall be a penalty (see fee schedule) for failure to respond to a Notice of Infraction or
failure to pay a monetary penalty imposed pursuant to this chapter.
6.07.450 Payment of penalty.
Whenever a monetary penalty is imposed by a court under this chapter it is due immediately
and to be made payable to the clerk of the court. If a person is unable to pay at that time, the
court may, in its discretion, grant an extension of the period in which the penalty may be paid.
All penalties collected by the court shall be remitted to the county treasurer.
6.07.460 Fees collected.
All fees and fines collected under this chapter shall be deposited in the County's general fund,
except those which may be retained by the entity or organization serving as the Licensing Agent
or Shelter Operator as consideration for services, pursuant to an executed written contract with
the county.
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6.07.470 Declaration of dangerous dog—Impounding of dog
In the event Animal Control has sufficient information to determine a dog is dangerous as
defined by Section 6.07.020(10), Animal Control shall seize and impound the dog pending
notice, hearings, appeals and other determinations hereunder. The owner or keeper of the dog
shall be liable to Jefferson County for the costs and expenses of keeping such dog, unless a
finding is made that the dog is neither a dangerous dog nor a potentially dangerous dog.
6.07.480 Declaration of dangerous dog — Notice and hearing
(1) When 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 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
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immediately impounded until the owner registers the dog as dangerous in
accordance with Section 6.07.500.
(k) that any dog will be euthanized at the direction of the Sheriff or an Animal
Control Officer or his/her designee unless the owner or keeper within fifteen days
from the date the dog was declared dangerous registers the dog or appeals the
determination.
(1) that if the owner appeals the dangerous dog declaration the dog must be
registered provisionally pursuant to Section 6.07.500 or it will be held at the
shelter at the owner's expense pending the results of the appeal.
(m) that if the dog is determined to be dangerous by the Hearing Officer, then
the controls required by RCW 16.08.080(6) and JCC Section 6.07.500 will be
applicable to that dangerous dog. The controls required by RCW 16.08.080(6) and
JCC Section 6.07.500 must be recited in this notice.
(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:
(a) All administrative appeal hearings before the herein above 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
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requirements under Section 6.07.500 shall be imposed upon the owner or keeper of the
dangerous dog as a condition of continued ownership or keeping of the animal.
If the hearing officer modifies the declaration and finds that the dog is potentially dangerous,
then the hearing officer may recommend that reasonable conditions be imposed upon the
owner or keeper as a condition of continued ownership or keeping of the animal. Reasonable
conditions may include but are not limited to the following:
(a) Erection of new or additional fencing to keep the dog within the confines of
the owner's or keeper's property;
(b) Construction of a run consistent with the size of the dog within which the
dog must be kept;
(c) Keeping the dog on a leash adequate to control the dog or securely
fastened to a secure object when left unattended;
(d) Keeping the dog indoors at all times, except when on a leash adequate to
control the dog and under the actual physical control of the owner or keeper or a
competent person at least fifteen years of age;
(e) Keeping the dog muzzled in a manner that will not cause injury to the dog
or interfere with its vision or respiration but shall prevent it from biting any person
or animal when outside a proper enclosure;
(f) Install at the premises a clearly visible warning sign that there is a
dangerous dog on the property
(g) Install at the premises in a conspicuous location a sign with a warning
symbol that informs children of the presence of a dangerous dog
(h) Spaying/neutering of the dog.
The hearing officer(s) may, in his or her recommendation, determine the Sheriff or an Animal
Control Officer or his/her designee is the authority to establish the appropriate requirements
from the preceding list or to refine and clarify the aforementioned requirements to effectuate
the purposes of this chapter.
(4) The owner of the dog shall be notified of the decision of the hearing officer in writing
(regular mail and certified mail, return receipt requested) by the hearing officer(s) no later than
within fifteen days of the hearing.
(5) An appeal of the written decision of the hearing officer may be made in the manner
provided under the general laws of the state found at Ch. 16.08 RCW. If the owner or keeper
does not timely appeal the hearing officer's decision, then he or she must either register the
dog as a dangerous dog in accordance with Section 6.07.500 or the dog shall be confiscated as
provided in RCW 16.08.100(1).
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(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 6.07.500 within fifteen days of notification of the decision or
the dog will be euthanized at the direction of the Sheriff or an Animal Control Officer, or his/her
designee.
(7) A finding that a dog is not a dangerous dog shall not prevent the Sheriff or an Animal
Control Officer, or his/her designee, from seeking to have the dog declared a dangerous dog as
the result of any subsequent action by the dog.
(8) An owner or keeper of a dangerous dog who violates any conditions imposed under this
section shall be guilty of a gross misdemeanor.
6.07.490 Determination of potentially dangerous dog—Notice, administrative review and
appeal.
(1) When the Sheriff or an Animal Control Officer, or his/her designee, has sufficient
information to determine that a dog is a potentially dangerous dog as defined in Section
6.07.020(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 determination of potentially dangerous dog is
based;
(d) That if there are future similar incidents with the dog, the dog could be
declared a dangerous dog pursuant to Section 6.07.470, and required to be
registered as provided in Section 6.07.500.
(e) That the owner must comply with restrictions set forth in the notice as a
condition of continued ownership or keeping of the dog and that restrictions may
include but are not limited to those which may be imposed on the owner of keeper
of a potentially dangerous dog pursuant to Section 6.07.480(3);
(f) That the notice constitutes a final determination that the dog is a potentially
dangerous dog 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
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administrative remedies, and that such failure to exhaust all administrative remedies
shall preclude any appeal of the administrative determination to the District Court.
(2) In the event the owner or keeper of a dog alleged to be potentially dangerous requests
an administrative review meeting as provided in subsection (1)(f) of this Section, 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 one, some or all of the same
reasonable conditions as may be imposed on the owner or keeper of a potentially dangerous
dog pursuant to Section 6.07.480(3).
(4) The Sheriff or an Animal Control Officer or his/her designee shall notify, in writing, the
owner or keeper of the dog of his/her decision within ten days of the administrative review
meeting. The decision of the Sheriff or an Animal Control Officer or his/her designee may be
appealed in the same manner as provided in Section 6.07.480.
(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.
6.07.500 Registration of dangerous dogs—Requirements—Annual Fee.
(1) The owner or keeper of a dangerous dog must obtain a certificate of registration for
such animal from Animal Control within fifteen days of the declaration of dangerous dog or if
appealed within fifteen days of the appeal decision as provided in Section 6.07.480. No
dangerous dog shall be returned by Jefferson County to anyone prior to the issuance of a
certificate of registration under this section. The certificate of registration shall be issued only if
the owner or keeper of the dangerous dog presents sufficient proof of the following:
(a) A proper enclosure, approved by the Sheriff or an Animal Control Officer, to
confine 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;
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(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 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 6.07.270, the
owner or keeper of a dangerous dog shall pay an annual registration fee in the
amount of one hundred dollars. The registration will be valid for twelve months or
until the next December 31St, 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.
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Any provisional permit issued pursuant to (2)(a) of this subsection shall expire fifteen days
following the appeal decision as provided in Section 6.07.480; any provisional permit issued
pursuant to (2)(b) of this subsection shall be valid for the sole purpose of immediate transport
and relocation of the dog from the shelter to a location outside Jefferson County.
(3) This section shall not apply to police dogs as defined in RCW 4.24.410.
(4) The owner or keeper of a dog declared a dangerous dog must notify Jefferson County in
writing if the dog is deceased, is to be relocated or if there is a change in ownership.
(5) In the event of a change of ownership and/or relocation of the dangerous dog, the
owner or keeper must provide Jefferson County with written notice ten days in advance of any
change that includes the complete address and phone number of the new owner or keeper
prior to the change of ownership and/or relocation of the dangerous dog.
(6) The owner or keeper of the dangerous dog must also notify any subsequent owner or
keeper of the dog's designation as a dangerous dog. If change of ownership and/or relocation
of a dangerous dog is within Jefferson County, all conditions imposed under this section shall be
in place for the new owner and at the new location prior to such change.
(7) Dogs deemed dangerous by other jurisdictions in the State of Washington will be
subject to the same regulations as if they have been deemed dangerous in Jefferson County.
Any owner or keeper of a dog deemed dangerous by jurisdictions outside of the State of
Washington relocating to Jefferson County, WA, shall present the dog to Animal Control within
30 days of 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.
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6.07.510 Provisions not exclusive.
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 Control, but shall be deemed additional to existing statutes,
regulations and ordinances.
6.07.520 Disclaimer of liability.
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.
6.07.530 Liberal Construction.
This Chapter shall be liberally construed to carry out its broad purposes.
END of Chapter
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ATTACHMENT 6
Ordinance No. XX-XXXX-15
1-030 Animal services.
32 of 33 Animal Control Ordinance - 12 14 15 hearing draft - clean.docx
Fee
Additional Fee and/or Other
Information
Dog License
For each fertile dog
Two-year license
$48.00
Lifetime license (optional)
$266.00
For each sterilized dog (upon proof of spay or
neuter)
Two-year license
$20.00
Lifetime license (optional)
$112.00
Cat 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
Waived for First impound if already
licensed.
Dogs
$25.00
Waived for First impound if already
licensed.
Puppies
$25.00
Redemption — Fertile dogs and cats
Redemption from First impound
1$60.00
May be waived or refunded: see code
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Fee
Additional Fee and/or Other
Information
Redemption from Second impound
$90.00
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
Board — Dogs and cats
$20.00
Per day. Fee may be reduced or waived
based on ability to pay or extenuating
circumstances.
Livestock
Impound fee
$54.00
Per day
Board
$25.00
Per day
Transportation
$54.00
The greater of $54.00 or actual cost
Remote pickup by Animal Control
$25.00
Kennel license fee
$96.00
Commercial — if paid after February
28th, 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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Tracked Changes - showing changes from December 2014 draft
STATE OF WASHINGTON
County of Jefferson
An Ordinance Establishing } Ordinance No.
Animal RespeRsibiliWgontrol Regulations }
For Jefferson County
WHEREAS, Chapter 6.05 of the Jefferson County Code regulates Animal Responsibility and
Section 1-030 establishes related fees; and
WHEREAS, after reviewing Chapter 6.05 and Section 1-030, 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 the
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 Animal Responsibility code; and
WHEREAS, the Board of County Commissioners held a public hearing on proposed Ordinance
establishing Animal Responsibility regulations on December 8, 2014; and
WHEREAS, upon review of the complete record of public testimony from the December 8, 2014
public hearing, and upon considerable deliberation, the Board of County Commissioners made
a variety of changes to the proposed Animal Control Ordinance, and determined that the
further public review through a second public hearing would provide important input for their
continued deliberations; and
WHEREAS, the Board of County Commissioners held a second public hearing on an amended
proposed Animal Control Ordinance on December XX, 2015, and after reviewing the hearing
record, have completed their deliberations;
NOW, THEREFORE, BE IT ORDAINED as follows:
Section One: Repeal of Chapter 6.05 Animal Responsibility 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.
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There is hereby added to the Jefferson County Code a new Chapter in Title 6 entitled "Chapter
6.07 Animal RespeRsilaili Control," the text of which is provided in Attachment "A" to this
Ordinance and incorporated herein.
Section Three: Amendment of Section 1-030 Animal Services Fee Schedule in the County Code.
Section 1-030 Animal Services in the Appendix Fee Schedule in the Jefferson County Code is
hereby amended, the text of which is provided in Attachment "B" to this Ordinance and
incorporated herein.
Section Four: Severability.
Should any section or text of the Chapter of the Geunty Cede entitled "Neese
C-4;Rtrt;1"this Ordinance be found to be unlawful by a court of competent jurisdiction or otherwise
be deemed unlawful, then all other sections of said Ghapte-Ordinance shall remain effective and
in full force.
Section Five: Effective Date.
This Ordinance shall be effective immediately upon adoption.
APPROVED this day of
SEAL:
ON 19:6111
Carolyn Avery,
Deputy Clerk of the Board
Approved as to form only:
David Alvarez, Deputy Prosecuting Attorney
changes from 12 08 14 hearing draft.docx
, 20154.
JEFFERSON COUNTY
BOARD of COMMISSIONERS
David Sullivan', Chairman
Phil Johnson Member
Phil Kathleen Kler, Member
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ATTACHMENT A
Ordinance No. XX-XXXX-154
Chapter 6.07
ANIMAL R6connicI_R1 iTvCONTROL
6.07.010
Purpose.
6.07.020
Definitions.
6.07.030
Seizing and Impounding.
6.07.040
Enforcement.
6.07.0509
6-5.0-7.0-50-
Animal at large.
IaFge
Running
6.07.0-060
at en publie IaFepeFty.
Running in packs.
6.07.440-070
Jumping and barking at pedestFia
6.07.30-080
Chasing vehicles.
6.07.380-090
Injury to property or person.
6.07.90100
m nen
Female in heat.
HylaFids
6.07.9849-110
Harboring vicious or dangerous domesticated animal.
6.07.999-120
Hewling and laa44 gNuisance noise.
6.07.3130
Entry into food establishments.
6.07.32.0-140 Waste.
6.07.3;8-150 Tethered animals
6.07.349-160 Releasing stray to Animal Control or Shelter Operator.
6.07.349-170 Injured or diseased animals.
6.07.299-180 Quarantine.
6.07.2190 Adoption from Animal Shelter or Animal Welfare Facility — Spay/neuter
requirement— License requirement.
6.07.2&200 Shelter Operator — Duties.
o.^.2-9 _Shelte�p gpepatei- — Ewpleyees.
6.07.249-210 Notice of impounding.
6.07.2220 Redemption of animal.
6.07.2230 Interference with impounding.
6.07. 2W-9-240 Dog control zone established.
6.07.2250 Dog license — Required.
6.07.299260 Vaccination requirements for dogs and cats
6.07.499-270 Animal license — Fee.
6.07.9-280 Date due.
6.07.424-290 Issuance of licenses.
6.07.0-300 Licenses nontransferable.
6.07.449-3 10 Lost tags.
6.07.9-320 Unlawful to remove license tag.
6.07.49-330 Unlicensed dog—Impoundment.
6.073W4340 Kennel license — When required RequiFed fer e0epAmereCial kep^^'s; — "Hewed fe
pFivato
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6.0734&-350 Kennel license —Tags for dogs.
6.07.9-360 Kennel license —Application - Issuance — Fee — Due date.
6.07.499-370 Kennel license facility inspection.
6.07.449-380 Standards for Commercial Kennels, Shelters Animal Welfare Facilities and
Facilities with Ten or More Dogs or Ten or More Von -Feral Cats.
6.07.4390 Violations — Penalty.
6.07.420-400 Violations — Abatement.
6.07.440-410 Notice of Infraction.
6.07.489-420 Contesting determination of infraction.
6.07.4659-430 Hearing.
6.07.470 440 Failure to respond to Notice of Infraction.
6.07.499-450 Payment of penalty.
6.07.499-460 Fees collected.
6.07.500 470 Declaration of dangerous dog—Impounding of dog
6.07. 5 10 480 Declaration of dangerous dog— Notice and hearing
6.07.520 490 Determination of potentially dangerous dog—Notice, administrative review and
appeal.
6.07.9-500 Registration of dangerous dogs—Requirements—Annual Fee.
6.07.§49-510 Provisions not exclusive.
6.07.59-520 Disclaimer of liability.
6.07.65659-530 Liberal Construction.
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6.07.010 Purpose.
It is hereby declared the public policy of Jefferson County to encourage, secure and enforce
those animal control measures deemed desirable and necessary, for the protection of human
health, safety and welfare, and to the greatest degree practicable, to prevent injury to property
and cruelty to animal life. To this end, it is the purpose of this Chapter to: provide for a dog
control zone for licensing of dogs and cats; set standards for the humane use, care and
treatment of animals; control animal behavior so that it shall not constitute a nuisance; and
provide for the enforcement of county code and state law as pertains to animals.
6.07.020 Definitions.
In construing provisions of this chapter, except where otherwise plainly declared or clearly
apparent from the context, words used in this chapter shall be given their common and
ordinary meaning and in addition, the following definitions shall apply:
(1) "Abatement" means the termination of any violation by reasonable and lawful means
determined by the animal control officer in order that a person or persons presumed to be the
owner or keeper shall comply with this chapter.
(2) "Animal" means any PAai, bird, reptile, amphibian, or nonhuman
mammal.
(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 direction of the County
Commission. Animal Control shall be assigned to eeRsi eFed ^,+* 4 the Jefferson County
Sheriff's Office, and shall be the County's animal care and control agency, subject to any
subsequent written agreements to the contrary or subsequent decisions of the County
Commission.
(4) "Animal Control Officer" is any person designated and duly authorized pursuant to
Chapter 16.52 RCW, or 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 "shelter" means a facility which is designated by the County to
house or contain stray, homeless, abandoned, impounded or unwanted animals, and which is
owned, operated or maintained by a public body, or by an established humane society, animal
welfare society, society for the prevention of cruelty to animals or other nonprofit organization
designated by the County, which is devoted to the welfare, protection, and humane treatment
of animals designated by the Ge„^+,.
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(6) "Animal welfare facility" or "welfare facility" means a facility other than an animal
shelter that controls, rescues, shelters, cares for, adopts out, or disposes of stray, homeless,
abandoned, or unwanted animals, and which is owned, operated or maintained by an
organization registered with the Washington Secretary of State's Office as a non-profit humane
society, animal welfare society, society for the prevention of cruelty to animals or other
nonprofit organization devoted to the welfare, protection, and humane treatment of animals.
(7) "At large" means physically off the premises of the owner, handler, or keeper, and not
secured by a leash eight feet or less in length, or not otherwise under control of a 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) or
five or more non -feral cats (over six months of age) are boarded, bred, bought, sold, exhibited
or trained for profit on a regular basis, or that produces for sale more than two (2) litters of
dogs per year or more than two (2) litters of cats per year;
{^F eempensatien but not including a pet shop, animal shelter, animal welfare facility, or
veterinary clinic/hospital where boarding is incidental to treatment.
(10) "Dangerous dog" means any dog that (a) inflicts severe injury or multiple bites on a
human being without provocation on public or private property, (b) inflicts severe injury,
multiple bites, or kills an animal without provocation while the dog is off the owner's or
keeper's property, or (c) has previously been found to be potentially dangerous, the owner or
keeper having received Notice of such and the dog again aggressively bites, attacks, or
endangers the safety of humans or animals. If two or more dogs jointly engage in any conduct
described in this subsection, thereby rendering proof of the individual dog that inflicted any
particular injury difficult to ascertain, then regardless of the degree of participation by the
individual dog(s), all such dogs shall be deemed dangerous dogs. A dog shall not be declared
dangerous if the threat, injury, or damage was sustained by a person who, at the time, was
committing a willful trespass or other tort upon the premises occupied by the owner or keeper
of the dog, or was tormenting, abusing or assaulting the dog, or was committing or attempting
to commit a crime.
(11) "Day" means a calendar day unless otherwise described. In computing any period of
time prescribed in this chapter, the day of the act, event, or default from which the designated
period of time begins to run shall not be included. The last day of the period shall be included,
unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of
the next day that is not a Saturday, Sunday or legal holiday. Legal holidays are prescribed in
RCW 1.13.050.
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(12) "Dog" means a domesticated Canis lupus familiaris. This term includes but is not limited
to "livestock guard dogs" (as defined elsewhere in this section) and "adult dogs," which is
defined to include any dog which is six (6) months old or older.
(13) "Domesticated animal" in this chapter means a dog or cat.
{� 14 "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.
{� 15 "Intermittent Noise" is defined as including any of the following: 1) noise of 15
seconds or more duration occurring five or more distinct times within a 30 minute period or 2)
noise of 15 seconds or more duration occurring three or more times in 10 minutes, 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.
"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.
(17) "Kennel" means any location or facility where ten (10) or more adult dogs reside or are
kept or where ten (10) or more non -feral adult cats reside or are kept, or any "commercial
kennel," as that term is defined elsewhere in this Chapter.
(18) "Licensing Agent" means Animal Control or those entities or departments designated
by the County Commission to receive license applications and issue licenses under this chapter.
(19) "Livestock" means horses, mules, jaekar,&esdonkeys
, cattle, sheep, llamas, alpacas,
goats, swine, poultry and rabbits, or other such domestic animals kept or raised for use or
pleasure.
(20) "Livestock guard dog" 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
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{� 14 "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.
{� 15 "Intermittent Noise" is defined as including any of the following: 1) noise of 15
seconds or more duration occurring five or more distinct times within a 30 minute period or 2)
noise of 15 seconds or more duration occurring three or more times in 10 minutes, 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.
"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.
(17) "Kennel" means any location or facility where ten (10) or more adult dogs reside or are
kept or where ten (10) or more non -feral adult cats reside or are kept, or any "commercial
kennel," as that term is defined elsewhere in this Chapter.
(18) "Licensing Agent" means Animal Control or those entities or departments designated
by the County Commission to receive license applications and issue licenses under this chapter.
(19) "Livestock" means horses, mules, jaekar,&esdonkeys
, cattle, sheep, llamas, alpacas,
goats, swine, poultry and rabbits, or other such domestic animals kept or raised for use or
pleasure.
(20) "Livestock guard dog" 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
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of an animal, regardless of whether the animal is licensed pursuant to the ordinance codified in
this chapter. Collectively, these terms shall be known as "owner."
(22) "Pack of dogs" means a group of two or more dogs running at large, as that term 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.
(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 "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.
{} 27 "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.
} 28 "Service animal" means any dog that is individually trained to do work or perform
tasks for the benefit of an individual with a disabilitv. includina a ohvsical. sensorv. osvchiatric.
intellectual, or other mental disability, as specified in RCW 49.60.218n,eans-any guide deg sig
disability.
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{3 29 "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.
{} 30 "Shelter Operator" means the person, entity, or organization charged by the
County Commission with managing and operating the Animal Shelter, said management or
operation being subject to any relevant Interlocal Agreement between the County and another
city or county.
{� 31 "Sheriff" means the person serving as Sheriff for Jefferson County via election or
appointment.
{� 32 "Stray" means any domesticated animal loitering in a neighborhood or public
place without an apparent owner or home.
{34} 33 "Under control" means the animal, while off of a leash and/or off the owner's
premises, is under voice and/or signal control of a competent person so as to be thereby
restrained from approaching any bystander or other animal and from causing or being the
cause of physical or property damage.
6.07.030 Seizing and Impounding.
All seizing of domesticated animals and livestock as provided for in this chapter shall be done by
an Animal Control Officer. Seized domesticated 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. Seized livestock may be delivered to an animal welfare facility or
acceptable private facility.
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.
6.07.050449 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, or to be at large
on 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.
^vided tha However, this section shall not prohibit a person from walking or exercising a+�
ae�dog in aapublic property 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 a++F are not
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allowed. This section shall not apply to any real property that is designated with formal signage
and demarcated boundaries as an "off leash" area. -Nothing in this section shall prohibit the
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.
(2) 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 theanimal.
Any dog or livestock 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 vke4s-to
pose a danger for apprehension or to be diseased.
6.07.4-50-060 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.
6.07.44&070 Jumping and barking at p ,-serp sons.
It is unlawful for any owner to keep or harbor without restraint or confinement any dog that
frequently or habitually snarls and growls at or snaps orjumps upon or threatens ped tFiaRs ^F
bieye4&t-&2trsons lawfully upon any sidewalks, streets, alleys, or public places. The same is a
nuisance and any such dog may be seized and impounded.
6.07.4-34-080 Chasing vehicles.
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6.07.4-50-060 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.
6.07.44&070 Jumping and barking at p ,-serp sons.
It is unlawful for any owner to keep or harbor without restraint or confinement any dog that
frequently or habitually snarls and growls at or snaps orjumps upon or threatens ped tFiaRs ^F
bieye4&t-&2trsons lawfully upon any sidewalks, streets, alleys, or public places. The same is a
nuisance and any such dog may be seized and impounded.
6.07.4-34-080 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.
6.07.44W-090 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.
6.07.90100 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.
(a) Ne peFsen shall pessess, sell, effer fe—r sale, tFade, give away, aequiFe, ipApeFt, ,
(2) These hylaFids beFn te- a me-ther th-at ;.v-;;5; beth pFegnant with sweh hy-hrid- -;;Rd- ev.;
6.07.984-110 Harboring vicious or dangerous domesticated animal.
(1) It is unlawful for any owner to keep, harbor or maintain on or off the owner's premises
in a manner liable to endanger the safety of persons or property lawfully upon the premises, or
upon any street, avenue, alley, public or private place, or to allow to run at large within
Jefferson County, any 449g -domesticated animal exhibiting vicious propensities. Such animal is
a nuisance and may be immediately seized and impounded. The Animal Control Officer
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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.
(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.
6.07.990-120 Wowling and WF14ftNuisance noise.
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 between 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 between 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.
(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
Control Officer of the circumstances that caused the Animal Control Officer to conclude this
section has been violated.
(3) A violation of this section is a Class I Civil Infraction 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, keRRelTpet shops, or
veterinary clinics shall be exempt from this section, and commercial kennels which have
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received a land use permit pursuant to JCC 18.20.060, or which were established before
January 16, 2001 as legal non -conforming uses, shall also 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 active threat, shall
be exempt from this section. Noise from a livestock guard dog that is produced for other
purposes other than to actively herd or protect livestock from an active threat is not
exempt. 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.
6.07.44&130 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.
6.07.0-140 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.
6.07.4J4150 Tethered animals
It is unlawful for any owner or keeper of any depnestiedomesticated animal to tether, stake, tie,
or similarly restrain any deppestiedomesticated 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 the animal's weight, it is tethered using a choke
collar or its breathing is impaired, it cannot reach or consume food or water, or it cannot access
shelter for protection from weather.
6.07.449-160 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.
6.07.499-170 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.
6.07.400-180 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.
6.07.240-190 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.
6.07.249-200 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), provided that
the Shelter Operator may waive the surrender fee based on ability to pay or extenuating
circumstances. 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
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under this Chapter and such other duties as may be delegated to it by the County. The Shelter
Operator may charge applicable fees pursuant to the Fee Schedule of the Jefferson County
Code and as may be authorized by the county. The Shelter Operator shall dispose of dead
animals collected by the county from public lands in unincorporated East Jefferson County and
delivered to the shelter, and if the animal's owner is known a fee may be collected therefrom
for such services pursuant to the Fee Schedule.
6.07.240-210 Notice of impounding.
When any animal is impounded under the provisions of this chapter, Animal Control or the
Shelter Operator shall as soon as feasible notify the owner, if the owner is known, of such
impoundment and the terms upon which the animal can be redeemed. If the owner of the
animal so impounded is unknown, then Animal Control or the Shelter Operator shall make all
reasonable efforts to locate and notify the owner of the impounding of the animal. Any animal
so impounded shall be held for the owner at least five days.
6.07.2-5&220 Redemption of animal.
(1) The owner of any licensed domesticated animal, which is impounded for the first time,
may redeem it within five days at no cost. Under all other circumstances, redemption by the
owner of an impounded domesticated animal shall be 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;
Payment of a redemption fee for the return of the animal to its original owner
(see fee schedule) picevided that f als i ed- felc the fiPst t+pAe, the S;elteT
PA-sta Rees, Rd
;steersr, -t,hea R i Rqal feFsp neuteFing, depesits- the fees#er the spas
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6.07.240-210 Notice of impounding.
When any animal is impounded under the provisions of this chapter, Animal Control or the
Shelter Operator shall as soon as feasible notify the owner, if the owner is known, of such
impoundment and the terms upon which the animal can be redeemed. If the owner of the
animal so impounded is unknown, then Animal Control or the Shelter Operator shall make all
reasonable efforts to locate and notify the owner of the impounding of the animal. Any animal
so impounded shall be held for the owner at least five days.
6.07.2-5&220 Redemption of animal.
(1) The owner of any licensed domesticated animal, which is impounded for the first time,
may redeem it within five days at no cost. Under all other circumstances, redemption by the
owner of an impounded domesticated animal shall be 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;
Payment of a redemption fee for the return of the animal to its original owner
(see fee schedule) picevided that f als i ed- felc the fiPst t+pAe, the S;elteT
PA-sta Rees, Rd
;steersr, -t,hea R i Rqal feFsp neuteFing, depesits- the fees#er the spas
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waiv
pay 9F eAeRuatiRg and
(e) For animals impounded for the first time, the Shelter Operator may waive,
reduce or refund the impound fee and/or the redemption fee:
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 writine by the Shelter Operator.
(2) If said animal is not redeemed by the owner within five days, the Shelter Operator, after
complying with JCC 6.07.249210, 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.
6.07.244-230 Interference with impounding.
Any person who interferes with, hinders, delays or impedes any officer in enforcement of the
impounding provisions of this chapter commits a violation punishable as provided in JCC
6.07.49390 et seq. and/or RCW 9A.76.020.
6.07. 2,4)-240 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.
6.07.2-94-250 Dog license — Required.
It is unlawful for any person to own, keep or have control of any dog over the age of six months
in the County Dog Control Zone unless said person, firm, corporation, organization or
department has procured a license therefore as provided in this chapter. A person may license
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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. 9260 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 veterinarian's statement upon
request by the licensing agent or his/her designee shall be deemed to have failed to provide
such proof.
6.07.490-270 Animal license — Fee.
The following fees shall be paid for animal licenses under this chapter:
(1) For each dog or cat spayed or neutered (upon proof of spaying or neutering), see fee
schedule;
(2) For each dog or cat not spayed or neutered, see fee schedule;
Provided, that licenses and tags shall be provided free of charge by the Licensing Agent to
hearing aid dogs properly trained to assist the hearing impaired and to guide dogs properly
trained to assist blind persons when such dogs are actually being used to assist the hearing
impaired or blind person in the home or in going from place to place; to dogs being currently
trained for such purposes in a school or program approved or accredited by a professional
organization or association, either for profit or not for profit; and to young dogs being raised, to
be trained on reaching maturity as guide dogs, under the 4-H program known as "Guide Dogs
for the Blind." Licensing agents, in writing such licenses, shall insert the words "Hearing Aid" or
"Guide Dog" in the space allotted for, and in place of, a stated fee.
6.07.444-280 Date due.
All animal licenses shall be good for two years from the date of purchase, and a lifetime license
shall be good for the remainder of the animal's life. The County Commission may at its
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.
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6.07.424-290 Issuance of licenses.
It shall be the duty of the Licensing Agent to issue licenses to persons applying therefore upon
payment of the license 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 record of the animal's breed, color, sex, name,
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 license tag for the current year; provided, that this provision shall not be
maintained to apply to a hunting dog in a controlled hunt by a competent person or to show
dogs on the show grounds or to dogs engaged in formal obedience training. As an alternative to
a license tag, an animal may be identified as licensed by being tattooed on its inside ear or on
its inside thigh or groin with a permanent license number approved and on file with the animal
licensing agent. The Licensing Agent shall perform other licensing duties as may be delegated to
it by the County.
6.07.440-300 Licenses nontransferable.
Animal licenses as provided in this chapter shall not be transferable from one animal to
another; provided, that nothing contained in this section shall be construed to prevent a license
being transferred from one owner to another.
6.07.34&310 Lost tags.
Lost tags may be replaced by a substitute identification tag upon payment of a fee as provided
in the fee schedule, to the Licensing Agent.
6.07.3-5&320 Unlawful to remove license tag.
It is unlawful for any person other than the owner or keeper to remove a license tag from any
dog licensed under the provisions of this chapter.
6.07.464-330 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.
6.07.374-340 Kennel license —When recluired
It is unlawful for any person to own, maintain or operate a commercial kennel in the County
Dog Control Zone unless said person has ppeeulced a kennel license. Hewevelc feF a ppiv to
,'1; , ethe_R.A.4 e.. ed in this ^",p+^r In addition, in the County Dog Control Zone any
keeper of ten or more adult dogs or ten or more adult non -feral cats must have a kennel
license. No kennel license is required for a pet shop, animal shelter, animal welfare facility, or
veterinary clinic/hospital where boarding is incidental to treatment.
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6.07.350-350 Kennel license — Tags for dogs.
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 receive an
individual license tag for each dog at no additional cosippevide all R^eessapy iRfeFRgatie.^ {^.p
IieeRse tags te IN_Q i-r-r-ded- fel; ear -ah ad-ult deg 9F eat, and eaeh juveRile deg ep eat
ewRed 9F pessessed fel; Sale. This tag shall beaF the R_awe ef JeffeapSeR CeuRty, WashiRgteR, a
uwque seFial RuwbeF, -;;Rd- the-EaleRelaF yeap issued. The Licensing Agent shall keep a record of
the animal's breed, 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.
6.07.350-360 Kennel license — Application - Issuance — Fee — Due date.
(1) Kennel licenses shall be issued by the Licensing Agent.
(a) A kennel license applicant shall submit a license application for each mel
facility in a form prescribed by the Licensing Agent, including but not limited to:
(i) Name, address, and telephone number of the owner or operator of the
4eprpre4facility and the iq;;Rqp ;;Rd address of the facility and if it is a commercial
kennel. its name:
knit„„+t,,,,, the keenn„i Been -s,. iSf,.. - i to I(en-,.i _A ,A
brief description of the magnitude and nature of the contemplated operation;
iii A written acknowledgement that by applying for a kennel license, the
applicant grants the Licensing Agent or Animal Control Officer the right from the
date of application through the term of the license, with reasonable notice, to
enter the premises of the applicant where the animals are kept between the
hours of 9:00 a.m. and 5:00 r).m.. to inspect the facilitv and its operation for
compliance with this Chapter;
iv The applicant's signature;
A kennel license fee;
(+4vi) For a commercial kennel, aA written statement from the Jefferson
County department of community development verifying that the kennel is a
permitted use or a legal nonconforming use under the County's Unified
Development Code (Title 18 JCC). Such written statement shall be kept on file by
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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
onl.y upon:
(i) Submittal of a license application consistent with subsection (1)(a),
(ii) Payment of the applicable license fee,
(iii) For a commercial kennel, s -Submittal of a compliance verification
statement from the department of community development or reference to
such statement on file with the Licensing Agent, and
(iv) An inspection by the Licensing Agent or Animal Control that finds that the
4e -n facility and its operation or contemplated operation meets the
requirements of JCC 6.07.418380.
(c) For license renewals, the license applicant shall Pneet the -,h^„^
Feg6ii.r^�^^+,-submit a renewal application and license fee 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 fq-
under this c aptar, F ega,F-a,essef t ,r-zef t, -r kennel
6 len.f
TeweyeF, tea pFivate I(ennel, the ev.,Re.r Shall eithe ebtaiTra;kennel liEenSe,, 9F
and pay the
eeFFespe., d g 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.
6.07.499-370 Kennel license facility 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 keppel premises of the applicant where the animals are kept and make an
inspection to ascertain the number of dogs or cats maintained by the applicant, and to
determine if the kRRRRI facility and its operation complies with the standards in JCC
6.07.448380. Entry for such inspection shall not constitute a trespass. Upon issuance of the
kennel license and throughout the term of the license, the keRRel ^r^^. e- facility of the
licensee where the animals are kept and its operation may be subject to inspection upon the
same conditions as above, for the same purposes. Failure by the license applicant or holder to
allow ani inspection pursuant to this chapter or failure to comply with the standards in
JCC 6.07.448380 may cause the kennel license to be denied or revoked by the Licensing Agent.
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6.07.44-9-380 Standards for Commercial Kennels, Shelters , Animal Welfare Facilities and
Facilities with Ten or More Dogs or Ten or More Non -Feral Cats.
(1) Facility requirements for Commercial Kennels, Shelters and Animal Welfare Facilities for
dogs and cats, and facilities with ten or more adult dogs or ten or more adult non -feral 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
appropriate to the animals' size, breed, and characteristics.
(b) Indoor facilities shall:
(i) Provide the animal with adequate space for movement and ability to sit,
lie, stand, and stretch without touching the sides or top of housing. For cats and
dogs, the primary enclosure for each animal shall meet or exceed the space
requirements of 9 CFR Ch. 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, or otherwise demonstrate to the satisfaction of the Animal
Control Officer that sanitary conditions will be maintained;
(vi) Have flooring with a surface that can be sanitized and treated to
minimize growth of harmful bacteria, or otherwise demonstrate to the
satisfaction of the Animal Control Officer that sanitary conditions will be
maintained, said flooring shall not be constructed with wire or other materials
that may damage or irritate animals' feet;
(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.
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(c) Outdoor facilities shall:
(i) Provide adequate shelter and protection from adverse weather; provide
shelter and protection from extreme temperatures and weather conditions that
may be uncomfortable or hazardous to the animals; and provide sufficient shade
to shelter all the animals housed in the primary enclosure at one time;
(ii) Provide sufficient room for adequate exercise and movement; and
(iii) When no indoor facility is available, outdoor facilities shall also:
(A) Have flooring with a surface that can be sanitized and treated to
minimize growth of harmful bacteria, or otherwise demonstrate to the
satisfaction of the Animal Control Officer that sanitary conditions will be
maintained;
(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 Authority is able to make written findings that the subject kennel is in
"substantial compliance" with the requirements listed here and that non-compliance
with one or more of the requirements of this section will not endanger or harm the
animals housed at that kennel.
(e) Any kennel issued a license based upon a written finding of its "substantial
compliance" with the requirements listed here shall have six (6) years from the issuance
date of its first "substantial compliance" license to achieve full compliance with all the
requirements listed here. Absent a written showing that achieving full compliance
would cause an undue hardship, at the end of the six year period described here a
"substantial compliance" licensee who has not yet achieved full compliance with these
requirements may be denied renewal of its license and be deemed an unlawful kennel.
(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 domesticated 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 X96.07.490 of this Chapter. This right of appeal granted by Section
&286.07.490 is not available to third parties who are not the owner or operator of a
kennel, shelter or animal welfare facility.
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(2) Operation requirements for Kennels, Shelters and Animal Welfare Facilities:
(a) Adequate food and water for each animal in sufficient quantity and quality to
sustain the animal in containers designed and situated to allow the animal easy access;
and proper habitat and medical attention, if needed, shall be provided at all times;
(b) Food shall be stored in a fashion that prevents contamination or infestation;
(c) The facilities shall be maintained and operated in a healthful and sanitary
manner, free from excrement build-up, disease, infestation, and foul odors;
(d) Provide each animal with appropriate exercise, according to its breed and
condition.
(e) Sick animals shall be isolated from healthy ones;
(f) Sick or injured animals shall receive appropriate medical treatment by or under
the auspices of a licensed veterinarian without delay when necessary. Records shall be
maintained reflecting treatment, care, dates of veterinary visits, and the name of the
veterinarian and veterinary clinic providing treatment. Sick or injured animals shall not
be sold, bartered, or otherwise transferred from a commercial kennel, shelter or animal
welfare facility to a new owner until the illness or injury is substantially healed, unless
such transfer is to an animal shelter or animal welfare facility that assumes all
responsibility for providing the appropriate medical treatment;
(g) Cats and dogs shall receive age-appropriate vaccines and anthelmintics. Records
of such shall be maintained for each animal and made available to 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 X96.07.490 of this Chapter. This right of appeal granted by Section
X86.07.490 is not available to third parties who are not the owner or operator of a
kennel, shelter or animal welfare facility.
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6.07.43&390 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
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.
6.07.430-400 Violations — Abatement.
(1) Any person violating any of the provisions of this chapter in the keeping or maintenance
of any nuisance as defined in this chapter may, in addition to the penalty provided for in JCC
6.07.49390, 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.
6.07.44410 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 in conformity with RCW 7.80.070 as
currently enacted or hereafter amended may be used as the form for the Notice of
Infraction. If a different form or document is used it shall contain all text required of a Uniform
Court Docket Citation by RCW 7.80.070, as currently enacted or hereafter amended.A
IMMM 00 -MM-5,51-
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- ----- - --
-- -- - - -- - -- -
-- -- - - --- - -
- - - - -- - --
- - - - - ----
--
--
- -- - -
-- - -- -- - -
- -- -- -- -----
-- - -- -
-- --
-- --
6.07.4-5&420 Contesting determination of infraction.
(1) Any person who receives a Notice of Infraction under this chapter shall respond to such
Notice as provided in this section with seven days of the date of the Notice.
(2) If the person determined to have committed the infraction does not contest the
determination, the person shall respond by completing the appropriate portion of the Notice of
Infraction and submitting it, either by mail or in person, to the court specified on the Notice.
Payment in the amount of the penalty prescribed for the infraction must be submitted with the
response. When a response which does not contest the determination is received, an
appropriate order shall be entered in the court's records.
(3) If the person determined to have committed the infraction wishes to contest the
determination, the person shall respond by completing the portion of the Notice of Infraction
requesting the hearing the submitting it either by mail or in person to the court specified on the
Notice. The court shall notify the person in writing of the time, place and date of the hearing,
and that date shall not be sooner than seven days from the date of the Notice, except by
agreement.
(4) If the person determined to have committed the infraction does not contest the
determination but wishes to explain mitigating circumstances surrounding the infraction the
person shall respond by completing the portion of the Notice of Infraction requesting a hearing
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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.
6.07.460-430 Hearing.
(1) A hearing held for the purpose of contesting the determination that an infraction has
been committed shall be without a jury.
(2) Any person subject to proceedings under this chapter may be represented by counsel.
(3) The attorney representing the county may appear in any proceeding under this chapter
but need not appear, notwithstanding any rule of court to the contrary.
(4) The officer who issued the Notice must appear at such hearing, and may subpoena
witnesses. The person named in the Notice may subpoena witnesses, including the officer, and
also has the right to present evidence and examine witnesses present in court.
(5) The burden of proof is upon the county to establish a commission of the infraction by a
preponderance of the evidence.
(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 an order dismissing the Notice shall be entered in the court's records. Where it has
been established that the infraction was committed an appropriate order shall be entered in
the court's records.
(7) An appeal from the court's determination or order shall be to the Superior Court. Such
appeal shall be taken in accordance with the RAU Rules. The decision of the Superior Court is
subject only to discretionary review pursuant to Rule 2.3 of the rules of appellate procedure.
6.07.4&440 Failure to respond to Notice of Infraction.
There shall be a penalty (see fee schedule) for failure to respond to a Notice of Infraction or
failure to pay a monetary penalty imposed pursuant to this chapter.
6.07.450-450 Payment of penalty.
Whenever a monetary penalty is imposed by a court under this chapter it is due immediately
and to be made payable to the clerk of the court. If a person is unable to pay at that time, the
court may, in its discretion, grant an extension of the period in which the penalty may be paid.
All penalties collected by the court shall be remitted to the county treasurer.
6.07.494-460 Fees collected.
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All fees and fines collected under this chapter shall be deposited in the County's general fund,
except those which may be retained by the entity or organization serving as the Licensing Agent
or Shelter Operator as consideration for services, pursuant to an executed written contract with
the county.
6.07.-504-470 Declaration of dangerous dog—Impounding of dog
In the event Animal Control has sufficient information to determine a dog is dangerous and way
as uef,c,ed by Section 6.07.020(10),
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.x4-480 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 s^�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 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 r^RSection 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;
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(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.&-38500.
(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.
(1) that if the owner appeals the dangerous dog declaration the dog must be
registered provisionally pursuant to Section 6.07.5-38500 or it will be held at the
shelter at the owner's expense pending the results of the appeal.
ILLL o ai: if the ook is ue'cetrnineu Lo L)e UaOFet'OUs uv �i-ie nearing Officer, then
the controls required by RCW 16.08.080(6) and JCC Section 6.07.538500 will be
applicable to that dangerous dog. The controls required by RCW 16.08.080(6) and
JCC Section 6.07.538500 must be recited in this notice.
(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:
(a) All administrative appeal hearings before the herein above 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.
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(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 Section 6.07.39500 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.
(4) The owner of the dog shall be notified of the decision of the hearing officer in writing
(regular mail and certified mail, return receipt requested) by the hearing officer(s) no later than
within fifteen days of the hearing.
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(5) An appeal of the written decision of the hearing officer may be made in the manner
provided under the general laws of the state found at Ch. 16.08 RCW. If the owner or keeper
does not timely appeal the hearing officer's decision, then he or she must either register the
dog as a dangerous dog in accordance with Section 6.07.558500 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 6.07.5-38500 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.
6.07.5.44-490 Determination of potentially dangerous dog—Notice, administrative review and
appeal.
(1) When the Sheriff or an Animal Control Officer, or his/her designee, has sufficient
information to determine that a dog is a potentially dangerous dog as defined in r^�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 s^�Section 6.07.020(24)
(b) The breed, color, sex, and license number (if known) of said dog;
(c) The facts upon which the determination of potentially dangerous dog is
based;
(d) That if there are future similar incidents with the dog, the dog could be
declared a dangerous dog pursuant to Section 6.07.588470, and required to be
registered as provided in Section 6.07.558500.
(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 6.07.548480(3);
(f) That the notice constitutes a final determination that the dog is a potentially
dangerous dog unless the owner or keeper of the dog requests an
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administrative review meeting in writing within fifteen days of the receipt of the
notice. For purposes of this section, if the notice is mailed, it shall be deemed
received on the third day after the notice is placed in the mail; and
(g) That pursuant to Section (3) below, a failure by the dog owner or keeper to
request and attend an administrative review meeting with the animal control Sheriff
or an Animal Control Officer or designee shall constitute a failure to exhaust all
administrative remedies, and that such failure to exhaust all administrative remedies
shall preclude any appeal of the administrative determination to the District Court.
(2) In the event the owner or keeper of a dog alleged to be potentially dangerous requests
an administrative review meeting as provided in subsection (1)(f) of this subseetienSection, 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 one, some or all L the same
reasonable conditions as may be imposed on the owner or keeper of a potentially dangerous
dog pursuant to Section 6.07.9480(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 6.07.9480.
(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.
6.07.1540-500 Registration of dangerous dogs—Requirements—Annual Fee.
(1) The owner or keeper of a dangerous dog must obtain a certificate of registration for
such animal from Animal Control within fifteen days of the declaration of dangerous dog or if
appealed within fifteen days of the appeal decision as provided in Section 6.07. 80. No
dangerous dog shall be returned by Jefferson County to anyone prior to the issuance of a
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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 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 6.07.498270,
the owner or keeper of a dangerous dog shall pay an annual registration fee in the
amount of one hundred dollars. The registration will be valid for twelve months or
until the next December 31St, 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.
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(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 6.07.8480; 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 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 S-,ection 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.
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(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.&44-510 Provisions not exclusive.
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 a Animal Fespensilailit Control, but shall be deemed additional to
existing statutes, regulations and ordinances.
6.07.520 Disclaimer of liability.
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.
6.07.460-530 Liberal Construction.
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-1544
1-030 Animal services.
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Fee
Additional Fee and/or Other
Information
Dog License
For each fertile dog
Two-year license
$48.00
Lifetime license (optional)
$266.00
For each sterilized dog (upon proof of spay or
neuter)
Two-year license
$20.00
Lifetime license (optional)
$112.00
Cat 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
Waived for First impound if already
licensed.
Dogs
$25.00
Waived for First impound if already
licensed. -
Puppies
$25.00
Redemption — Fertile dogs and cats
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Fee
Additional Fee and/or Other
Information
Redemption from First impound
$60.00
May be waived or refunded: see code
Redemption from Second impound
$90.00
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
Board — Dogs and cats
$20.00
Per day. Fee may be reduced or waived
based on ability to pay or extenuating
circumstances.
Livestock
Impound fee
$54.00
Per day
Board
$25.00
Per day
Transportation
$54.00
The greater of $54.00 or actual cost
Remote pickup by Animal Control
$25.00
Kennel license fee
$96.00
Commercial — if paid after February
28th, 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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