HomeMy WebLinkAbout051721_ra02 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, Interim County Administrator
FROM: Joe Nole, Jefferson County Sheriff
DATE: May 17,2021
SUBJECT: Update of Animal Code
STATEMENT OF ISSUE:
The proposed Jefferson County Animal Control Ordinance and implementing Animal Code has been
noticed and all relevant documents have been posted. In accordance with the Board of County
Commissioners' approval, the public hearing will be held on May 17, 2021 at 11:00 a.m.
ANALYSIS:
The updated ordinance will address animals at large throughout Jefferson County. It also adds clarification
and utility to the definition of Potentially Dangerous Dogs, allows for the designation of more than one
Animal Shelter within the County, and incorporates suggestions provided at the April 12, 2021 Board of
County Commissioners meeting.
FISCAL IMPACT:
Staff hours to support the hearing.
RECOMMENDATION:
Hold the hearing on May 17, 2021 at 11:00 a.m.
REVIEWED BY:
/
Mark McCaul , Interim County A.mi istrator Date
COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance Amending Chapter 6.07 of }
the Jefferson County Code } ORDINANCE NO. ________________
WHEREAS, Article XI, section 11 of the Washington Constitution, confers upon county
legislative authorities the police power to adopt such local police, sanitary and other regulations
as are not in conflict with general laws; and,
WHEREAS, Article XI, section 11 of the Washington Constitution is a direct delegation
of the police power to cities and counties, and the power delegated is as extensive within their
sphere as that possessed by the legislature; and,
WHEREAS, RCW 36.32.120(7) provides that the county legislative authorities shall
make and enforce, by appropriate resolutions or ordinances, all such police and sanitary
regulations as are not in conflict with state law; and,
WHEREAS, police power is that inherent and plenary power which enables prohibition
of all things hurtful to the comfort, safety and welfare of society;and,
WHEREAS, the scope of police power is broad, encompassing all those measures which
bear a reasonable and substantial relation to promotion of the general welfare of the people;and,
WHEREAS, RCW 36.32.120(10) provides that county legislative bodies have the power
to declare by ordinance what shall be deemed a nuisance within the county; to abate a nuisance
at the expense of the parties creating, causing, or committing the nuisance; and to levy a special
assessment on the land or premises on which the nuisance is situated to defray the cost, or to
reimburse the county for the cost of abating it; and,
WHEREAS, the BoCC has held a hearing and has received public comment on the draft
ordinance proposed by staff; and,
WHEREAS, in response to the public comment and testimony, additional improvements
to the draft ordinance have been made, and,
NOW, THEREFORE, be it ordained by the BoCC as follows:
Section 1. Amending Chapter 6.07 JCC. The BoCC adopts the changes to Chapter 6.07
JCC, as set forth in Appendix A.
Section 2. Findings. The BoCC hereby adopts the above recitals (the “WHEREAS”
statements) as its findings of fact in support of this Ordinance.
Section 3. Severability. The provisions of this Ordinance are declared separate and
severable. If any provision of this Ordinance or its application to any person or circumstances is
1
held invalid, then the remainder of this Ordinance or application of its provisions to other
persons or circumstances shall remain valid and unaffected.
Section 4. SEPA Compliance. This ordinance is categorically exempt from the State
Environmental Policy Act under WAC 197-11-800(19).
Section 5. Effective Date. This ordinance is effective immediately upon adoption.
(SIGNTURES FOLLOW ON NEXT PAGES)
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ADOPTED this _____ day of _________________________ 2021, at ___: ___ a.m.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
______________________________
Kate Dean, Chair
______________________________
Greg Brotherton, Member
ATTEST: ______________________________
Heidi Eisenhour, Member
APPROVED AS TO FORM:
______________________________ ______________________________
Carolyn Gallaway, Date Philip C. Hunsucker, Date
Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney
3
Animal Control Ordinance
Draft of December 14, 2020
Page 1
Chapter 6.07
ANIMAL CONTROL
Sections:
6.07.010 Purpose.
6.07.020 Definitions.
6.07.030 Animal control assigned to sheriff’s office.
6.07.0430 Seizing and impounding.
6.07.0540 Enforcement.
6.07.0650 Animal at large.
6.07.0760 Running in packs.
6.07.0870 Jumping and barking at persons.
6.07.0980 Chasing vehicles.
6.07.10090 Injury to property or person.
6.07.1100 Female in heat.
Formatted: Font: Bold
6.07.1210 Harboring vicious or dangerous domesticated animal.
Formatted: Font: Bold
6.07.1320 Nuisance noise.
6.07.1430 Entry into food establishments.
6.07.1540 Waste.
6.07.1650 Tethered animals.
6.07.1760 Releasing stray to animal control or shelter operator.
6.07.1870 Injured or diseased animals.
6.07.1980 Quarantine.
6.07.200190 Adoption from animal shelter or animal welfare facility – Spay/neuter
requirement – License requirement.
6.07.2100 Shelter operator – Duties.
6.07.2210 Notice of impounding.
6.07.2320 Redemption of animal.
6.07.2430 Interference with impounding.
Animal Control Ordinance
Draft of December 14, 2020
Page 2
6.07.2540 Dog control zone established.
6.07.2650 Dog license – Required.
6.07.2760 Vaccination requirements for dogs and cats.
6.07.2870 Animal license – Fee.
6.07.2980 Date due.
6.07.30290 Issuance of licenses.
6.07.3100 Licenses nontransferable.
6.07.3210 Lost tags.
6.07.3320 Unlawful to remove license tag.
6.07.3430 Unlicensed dog – Impoundment.
6.07.3540 Kennel license – When required.
6.07.3650 Kennel license – Tags for dogs.
6.07.3760 Kennel license – Application – Issuance – Fee – Due date.
6.07.3870 Kennel license facility inspection.
6.07.3980 Standards for commercial kennels, shelters, animal welfare facilities
and facilities with 10 or more dogs or 10 or more non-feral cats.
6.07.390 400 Violations – Penalty.
6.07.41000 Violations – Abatement.
6.07.4210 Notice of infraction.
6.07.4320 Contesting determination of infraction.
6.07.4430 Hearings Held in Court.
6.07.4540 Failure to respond to notice of infraction.
6.07.4650 Payment of penalty.
6.07.460 Fees collected.
6.07.439470 70 Declaration of dangerous dog – Impounding of dog.
6.07.48080 Declaration of dangerous dog – Notice and hearing.
Animal Control Ordinance
Draft of December 14, 2020
Page 3
6.07.44901090 Determination of potentially dangerous dog – Notice,
administrative review and appeal.
6.07.450020500 Registration of dangerous dogs – Requirements – Annual fee.
6.07.510 Violations Related to Dangerous Dogs and Potentially Dangerous Dogs.
6.07.520 Fees collected.
6.07.450510 Provisions not exclusive.6.07.450510 530 Provisions not exclusive.
6.07.460520 Disclaimer of liability.6.07.460520 540 Disclaimer of liability.
6.07.470530 Liberal construction.6.07.470530550 Liberal construction.
6.07.010 Purpose.
(1) 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.
(2) To this end, itIt 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.
\[Ord. 10-15 § 2 (Att. A)\]
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” means the 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 RCW 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
Animal Control Ordinance
Draft of December 14, 2020
Page 4
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
RCW 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 any facility(ies)y 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 organization registered with the Washington Secretary of State’s Office as a
nonprofit 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 and in the control , 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 therefor; 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 of a competent person in a designated off-
leash area; or dogs on duty for a law enforcement agency.
(8) “Bite” means the use of teeth to break the skin of a person or the skin or hide of an
animal.
(9)“Cat” means a domesticated Felis catus.
(109) “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
Animal Control Ordinance
Draft of December 14, 2020
Page 5
two litters of dogs per year or more than two 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.
(110) “Dangerous dog” means:
(a) any dog that (ai) inflicts severe injury or multiple bites on a human being without
provocation on public or private property, (bii) inflicts severe injury, multiple bites, or kills
an a domestic animal or livestock without provocation while the dog is off the owner’s or
keeper’s property, or (cii) has previously been found to be potentially dangerous because
of injury inflicted on a human, the owner or keeper having received notice of such and the
dog again aggressively bites, attacks, or endangers the safety of humans. (RCW
16.08.070) 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.
(b) DogsA dog shall not be declared dangerous if the threat, injury, or damage was
sustained by a person who:, (i) at the time, was committing a willful trespass or other tort
upon the premises occupied by the owner or keeper of the dog, (ii) or was tormenting,
abusing or assaulting the dog, or(iii) has, in the past been observed or reported to have
tormented, abused, or assaulted the dog or, (iv) was committing or attempting to commit
a crime. (RCW 16.08.090) .
(c) 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 may
be deemed dangerous dogs. (RCW 16.08.070)
(d) A dog declared as a Potentially Dangerous Dog which, because of the owner’s failure
to control the dog or failure to comply with the requirements for a Potentially Dangerous
Dog engages in behavior which is similar to the original basis for declaring the dog
potentially dangerous.
(ed) This definition permissibly expands the definition of dangerous dog in RCW
16.08.070(2) pursuant to the county’s concurrent jurisdiction, is not otherwise preempted
by a state statute, and the authority of the countysis authorized under the county’s police
powers under Article XI, Section II of the Washington Constitution).
(121) “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.
Animal Control Ordinance
Draft of December 14, 2020
Page 6
(132) “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 months old or older.
(143) “Domesticated animal” in this chapter means an animal that is customarily devoted
to the service of humankind at the place that it normally lives, such a dog or cat.
(154) “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.
(165) “Intermittent noise” is defined as including any of the following: (a) noise of 15
seconds or more duration occurring five or more distinct times within a 30-minute period,
or (b) noise of 15 seconds or more duration occurring three or more times in 10 minutes,
or (c) 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.
(176) “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.
(187) “Kennel” means any location or facility where 10 or more adult dogs reside or are
kept or where 10 or more nonferal adult cats reside or are kept, or any “commercial
kennel,” as that term is defined elsewhere in this chapter.
(198) “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.
(2019) “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.
(210) “Livestock guard dog” means a dog demonstrably trained for the purpose of
protecting livestock from attack or for herding livestock.
(22) “Off-leash Area” Any area which the Board of County Commissioners designates
with formal signage and demarcated boundaries as an off-leash area, including any future
dog parks.
(231) “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.”
Animal Control Ordinance
Draft of December 14, 2020
Page 7
(242) “Pack of dogs” means a group of two or more dogs running at large, as that term is
defined in this code.
(253) “Pet shop” means legally permitted establishment where animals bred off the
premises are offered for sale to the public.
(264) “Potentially dangerous dog” means any dog that when unprovoked: (a) inflicts bites
on a human, or domestic animal or livestock 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 or livestock. (RCW 16.08.070) (d) This definition
permissibly expands the definition of potentially dangerous dog in RCW
16.08.070(1)16.08.070 pursuant to the county’s concurrent ,isjurisdiction, is not otherwise
preempted by state statute, and the authorityis authorized by of the county’s police
powers under Article XI, Section II of the Washington Constitution).
(275) “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, trailer parks, apartment
complexes, private communities, etc.
(286) “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.
(298) “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.
(3029) “Service animal” means any dog or miniature horse 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. 49.60.040
(310) “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.
(320) “Shelter operator” means the person, entity, or organization charged by the county
commission with managing and operating the animal shelter, said management or
Animal Control Ordinance
Draft of December 14, 2020
Page 8
operation being subject to any relevant interlocal agreement between the county and
another city or county.
(331) “Sheriff” means the person serving as sheriff for Jefferson County via election or
appointment.
(342) “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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.030 Animal control assigned to sheriff’s office
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. 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. This section is subject to subsequent decisions of the
county commissioners.
6.07.0430 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.0540 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 RCW Title
Formatted: Font: (Default) Arial, 12 pt, Bold, English
16, that power may be exercised or the duty performed by such persons who are
(United States)
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. \[Ord. 10-
15 § 2 (Att. A)\]
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6.07.0650 Animal at large.
Alignment: Auto
(1) It is unlawful for the owner or keeper of any domestic g whetheranimal whether
licensed or not, or any livestock as defined in this chapter, to allow such animal to be at
Formatted: Font: (Default) Arial, 12 pt, English (United
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
States)
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
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Formatted: English (United States)
Formatted: No Spacing, Left, Space After: 0 pt, Font
Alignment: Auto
Animal Control Ordinance
Draft of December 14, 2020
Page 9
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 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
domestic animal 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.0760 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.0870 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.0980 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.
\[Ord. 10-15 § 2 (Att. A)\]
6.07.10090 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.1100 Female in heat.
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Draft of December 14, 2020
Page 10
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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.1210 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.1320 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 p.m. and 7:00
a.m., the noise is continuous for a period of 10 or more minutes or constitutes
intermittent noise (as defined in this chapter) within any period of 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 a.m. to 10:00
p.m., the noise is continuous for a period of 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
Animal Control Ordinance
Draft of December 14, 2020
Page 11
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 nonconforming 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.1430 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 section shall not apply to a guide dog or service animal
actively working pursuant to RCW 70.84.010; to dogs used by armored car services or
law enforcement agencies; to veterinarian offices or hospitals; or to animal exhibitions or
organized law enforcement animal training classes. \[Ord. 10-15 § 2 (Att. A)\]
6.07.1540 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.1650 Tethered animals.
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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 12 hours in any 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.1760 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.1870 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.1980 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.20190 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.2100 Shelter operator – Duties.
The shelter operator of a shelter designated by the county 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. \[Ord. 10-15
§ 2 (Att. A)\]
6.07.2210 Notice of impounding.
When any animal is impounded under the provisions of this chapter, animal control or the
shelter operator of a shelter designated by the county 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.2320 Redemption of animal.
(1) The owner of any licensed domesticated animal, whose animal isich 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);
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(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;
(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 of a shelter
designated by the county 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 of a
shelter designated by the county, after complying with JCC 6.07.2210, 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.2430 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.within this chapter and/or RCW 9A.76.020. \[Ord. 10-15 § 2 (Att. A)\]
6.07.2540 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.2650 Dog license – Required.
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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 therefor as provided in this chapter. A person may
license a dog six months or less in age, a dog in other portions of Jefferson County, and
cats, and shall pay the license fees as provided in this chapter and the fee schedule.
The requirement to procure a license shall not apply under the following circumstances:
(1) The owner has been a resident of the county dog control zone for 30 days or less; or
(2) The owner has owned, kept or been in control of the dog for 30 days or less or the
dog, at the time of application for license, is less than six months of age.
These exceptions do not apply to licenses required at the time of adoption or redemption
from an animal shelter or animal welfare facility in Jefferson County. \[Ord. 10-15 § 2 (Att.
A)\]
6.07.2760 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 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.2870 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. \[Ord. 10-15 § 2 (Att. A)\]
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6.07.2980 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.30290 Issuance of licenses.
It shall be the duty of the licensing agent to issue licenses to persons applying therefor
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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.3100 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.3210 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.3320 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.3430 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. \[Ord.
10-15 § 2 (Att. A)\]
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6.07.3540 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 10 or more adult dogs or 10 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. \[Ord.
10-15 § 2 (Att. A)\]
6.07.3650 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.
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. \[Ord. 10-15 § 2
(Att. A)\]
6.07.3760 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 acknowledgment 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;
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(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
(JCC Title 18). 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) of this
section;
(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
(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
JCC 6.07.3980.
(c) For license renewals, the license applicant shall submit a renewal application
and license fee no less than 30 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. \[Ord.
10-15 § 2 (Att. A)\]
6.07.3870 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
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JCC 6.07.3980. 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
6.07.3980 may cause the kennel license to be denied or revoked by the licensing agent.
\[Ord. 10-15 § 2 (Att. A)\]
6.07.3980 Standards for commercial kennels, shelters, animal welfare facilities and
facilities with 10 or more dogs or 10 or more non-feral cats.
(1) Facility Requirements for Commercial Kennels, Shelters and Animal Welfare Facilities
for Dogs and Cats, and Facilities with 10 or More Adult Dogs or 10 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 Sections 3.6(b)(1) and (c)(1) (1-1-00 Edition);
(ii) Primary enclosures for dogs must be placed no higher than 42 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
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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.
(d) Substantial Compliance Exceptions Authorized. Kennels lawfully operating prior
to the adoption of this chapter may obtain a kennel license despite their
noncompliance 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 noncompliance
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 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.
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(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 JCC 6.07.490 this chapter. This However, this right of
appeal granted by JCC 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 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;
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(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 JCC 6.07.490. This right of appeal granted by JCC
6.07.490 is not available to third parties who are not the owner or operator of a
kennel, shelter or animal welfare facility. \[Ord. 10-15 § 2 (Att. A)\]
6.07.400390 Violations – Penalty.
Unless a different penalty, process 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. \[Ord.
10-15 § 2 (Att. A)\]
6.07.41000 Violations – Abatement.
(1) Unless otherwise expressly provided in this chapter, aAny 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 6.07.40390, 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) Unless otherwise expressly provided in this chapter, iIf 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
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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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.4210 Notice of infraction.
(1) Unless otherwise expressly provided in this chapter, aAny 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) Unless otherwise expressly provided in this chapter, any 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.4320 Contesting determination of infraction.
(1) Unless otherwise expressly stated in this chapter, any 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) Unless otherwise expressly provided in this chapter, iIf 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) Unless otherwise expressly stated in this chapter, if 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 then 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) Unless otherwise expressly stated in this chapter, if 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) Unless otherwise expressly stated in this chapter, ifIf 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
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section, the court shall enter an appropriate order assessing the monetary penalty
prescribed for the infraction and any other penalty authorized by this chapter. \[Ord. 10-15
§ 2 (Att. A)\]
6.07.4430 Hearings Held in Court.
(1) A court 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 RALJ Rules. The decision of the superior
court is subject only to discretionary review pursuant to Rule 2.3 of the rules of appellate
procedure. \[Ord. 10-15 § 2 (Att. A)\]
6.07.4540 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. \[Ord. 10-15 § 2
(Att. A)\]
6.07.4650 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.460 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.470470 Declaration of dangerous dog – Impounding of dog.
In the event animal control has sufficient information to determine a dog is dangerous as
defined by JCC 6.07.020(110), 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.480480 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 JCC 6.07.020(110), 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 JCC 6.07.020(110);
(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 JCC
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 15 days from the date
the dog was declared dangerous registers the dog or appeals the determination;
(l) That if the owner appeals the dangerous dog declaration the dog must be
registered provisionally pursuant to JCC 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 6.07.500 will be applicable to that
dangerous dog. The controls required by RCW 16.08.080(6) and JCC 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 subsection (1)(d) of this section, 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 20 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 hereinabove designee shall be
recorded;
(b) All testimony shall be taken under oath and witnesses may be subpoenaed by
the sheriff or an animal control officer or his or her designee;
(c) The hearing officer shall render a written decision within five business days. This
time may be extended at the discretion of the hearing officer;
(d) The written decision shall include findings of fact and conclusions of law and a
copy will be forwarded to the owner and to the sheriff or an animal control officer.
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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 JCC 6.07.500 6.07.490 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 15 years of age;
(e) Keeping the dog muzzled in a manner that will not cause injury to the dog or
interfere with its vision or respiration but shall prevent it from biting any person or
animal when outside a proper enclosure;
(f) Install at the premises a clearly visible warning sign that there is a dangerous dog
on the property;
(g) Install at the premises in a conspicuous location a sign with a warning symbol
that informs children of the presence of a dangerous dog;
(h) Spaying/neutering of the dog.
The hearing officer(s) may, in his or her recommendation, determine the sheriff or an
animal control officer or his/her designee is the authority to establish the appropriate
requirements from the preceding list or to refine and clarify the aforementioned
requirements to effectuate the purposes of this chapter.
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(4) The owner of the dog shall be notified 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 15 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 Chapter 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 JCC 6.07.500 or the dog shall
be confiscated as provided in RCW 16.08.100(1).
(6) In the event the written decision of the hearing officer is affirmed on appeal and no
further appeal is made, the owner or keeper of the dog must register the dog as a
dangerous dog in accordance with JCC 6.07.500 within 15 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.49090 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 JCC
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 JCC 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 JCC 6.07.470, and required to be registered as
provided in JCC 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 or keeper of a
potentially dangerous dog pursuant to JCC 6.07.480(3);
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(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 15 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 subsection (3) of this section, a failure by the dog owner or
keeper to request and attend an administrative review meeting with the 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 section, the
administrative review meeting shall be held within 30 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 JCC 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 10 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 JCC 6.07.4980.
(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.
(7) Animal control shall establish and maintain a registry of potentially dangerous dogs in
the county. \[Ord. 10-15 § 2 (Att. A)\]
6.07.500500 Registration of dangerous dogs – Requirements – Annual fee.
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(1) The owner or keeper of a dangerous dog must obtain a certificate of registration for
such animal from animal control within 15 days of the declaration of dangerous dog or if
appealed within 15 days of the appeal decision as provided in JCC 6.07.4980. No
dangerous dog shall be returned by Jefferson County to anyone prior to the issuance of
a certificate of registration under this section. The certificate of registration shall be issued
only if the owner or keeper of the dangerous dog presents sufficient proof of the following:
(a) A proper enclosure, approved by the sheriff or an animal control officer, to
confine a dangerous dog and posting of the premises with a clearly visible sign that
there is a dangerous dog on the property. In addition, the owner shall conspicuously
display a sign with a warning symbol that informs children of the presence of a
dangerous dog;
(b) A muzzle and leash, approved by the sheriff or an animal control officer as to
strength and fit, for the dangerous dog;
(c) A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in
a form acceptable to animal control in the sum of at least $250,000 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’s 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 $250,000 with a maximum
$500.00 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 JCC 6.07.270this chapter,
the owner or keeper of a dangerous dog shall pay an annual registration fee in the
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amount of $100.00. The registration will be valid for 12 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)(d) of this section
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)(c) of
this section requiring a surety bond or insurance policy.
Any provisional permit issued pursuant to subsection (2)(a) of this section shall expire 15
days following the appeal decision as provided in JCC 6.07.4980; any provisional permit
issued pursuant to subsection (2)(b) of this section 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 10 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, Washington, shall present the dog to
animal control within 30 days of their arrival in Jefferson County to be evaluated by animal
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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 JCC
6.07.020(110). 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 12 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. \[Ord. 10-15 § 2 (Att.
A)\]
6.07.510 Violations Related to Dangerous Dogs and Potentially Dangerous Dogs.
(1) Enforcement for all violations pertaining to Dangerous Dogs and Potentially
Dangerous Dogs shall be exclusively enforced by the enforcement provisions codified in
Title 19 JCC, Code Compliance, as currently enacted or as hereafter amended.
violations6.07.460520 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.530510 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.540520 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
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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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.550530 Liberal construction.
This chapter shall be liberally construed to carry out its broad purposes. \[Ord. 10-15 § 2
(Att. A)\]
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Chapter 6.07
ANIMAL CONTROL
Sections:
6.07.010 Purpose.
6.07.020 Definitions.
6.07.030 Animal control assigned to sheriff’s office.
6.07.040 Seizing and impounding.
6.07.050 Enforcement.
6.07.060 Animal at large.
6.07.070 Running in packs.
6.07.080 Jumping and barking at persons.
6.07.090 Chasing vehicles.
6.07.100 Injury to property or person.
6.07.110 Female in heat.
6.07.120 Harboring vicious or dangerous domestic animal.
6.07.130 Nuisance noise.
6.07.140 Entry into food establishments.
6.07.150 Waste.
6.07.160 Tethered animals.
6.07.170 Releasing stray to animal control or shelter operator.
6.07.180 Injured or diseased animals.
6.07.190 Quarantine.
6.07.200 Adoption from animal shelter or animal welfare facility – Spay/neuter
requirement – License requirement.
6.07.210 Shelter operator – Duties.
6.07.220 Notice of impounding.
6.07.230 Redemption of animal.
6.07.240 Interference with impounding.
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6.07.250 Dog control zone established.
6.07.260 Dog license – Required.
6.07.270 Vaccination requirements for dogs and cats.
6.07.280 Animal license – Fee.
6.07.290 Date due.
6.07.300 Issuance of licenses.
6.07.310 Licenses nontransferable.
6.07.320 Lost tags.
6.07.330 Unlawful to remove license tag.
6.07.340 Unlicensed dog – Impoundment.
6.07.350 Kennel license – When required.
6.07.360 Kennel license – Tags for dogs.
6.07.370 Kennel license – Application – Issuance – Fee – Due date.
6.07.380 Kennel license facility inspection.
6.07.390 Standards for commercial kennels, shelters, animal welfare facilities and
facilities with 10 or more dogs or 10 or more non-feral cats.
6.07.400 Violations – Penalty.
6.07.410 Violations – Abatement.
6.07.420 Notice of infraction.
6.07.430 Contesting determination of infraction.
6.07.440 Hearings Held in Court.
6.07.450 Failure to respond to notice of infraction.
6.07.460 Payment of penalty.
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.
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6.07.500 Registration of dangerous dogs – Requirements – Annual fee.
6.07.510 Violations Related to Dangerous Dogs and Potentially Dangerous Dogs.
6.07.520 Fees collected.
6.07.530 Provisions not exclusive.
6.07.540 Disclaimer of liability.
6.07.550 Liberal construction.
6.07.010 Purpose.
(1) 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.
(2) 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. \[Ord. 10-15
§ 2 (Att. A)\]
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” means the 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.
(4) “Animal control officer” is any person designated and duly authorized pursuant to
Chapter 16.52 RCW, or commissioned by the sheriff, for the purpose of administering or
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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.
(5) “Animal shelter” or “shelter” means any facility(ies) 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 organization registered with the Washington Secretary of State’s Office as a
nonprofit 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 and in the control , provided, “at large” does
not include dogs exhibited in dog shows, field trials, obedience trials, or the training of
dogs therefor; 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 of a
competent person in a designated off-leash area; or dogs on duty for a law enforcement
agency.
(8) “Bite” means the use of teeth to break the skin of a person or the skin or hide of an
animal.
(9)“Cat” means a domesticated Felis catus.
(10) “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 litters of dogs per year or more than two 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.
(11) “Dangerous dog” means:
(a) any dog that (i) inflicts severe injury on a human being without provocation on public
or private property, (ii) kills a domestic animal or livestock without provocation while the
dog is off the owner’s or keeper’s property, or (ii) has previously been found to be
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potentially dangerous because of injury inflicted on a human, the owner having received
notice of such and the dog again aggressively bites, attacks, or endangers the safety of
humans. (RCW 16.08.070)
(b) Dogs shall not be declared dangerous if the threat, injury, or damage was sustained
by a person who: (i) at the time, was committing a willful trespass or other tort upon the
premises occupied by the owner or keeper of the dog, (ii) was tormenting, abusing or
assaulting the dog, (iii) has, in the past been observed or reported to have tormented,
abused, or assaulted the dog or, (iv) was committing or attempting to commit a crime.
(RCW 16.08.090).
(c) 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 may
be deemed dangerous dogs. (RCW 16.08.070)
(d) A dog declared as a Potentially Dangerous Dog which, because of the owner’s failure
to control the dog or failure to comply with the requirements for a Potentially Dangerous
Dog engages in behavior which is similar to the original basis for declaring the dog
potentially dangerous.
(e) This definition permissibly expands the definition of dangerous dog in RCW
16.08.070(2) pursuant to the county’s concurrent jurisdiction, is not otherwise preempted
by a state statute, and sis authorized under the county’s police powers under Article XI,
Section II of the Washington Constitution).
(12) “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.
(13) “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 months old or older.
(14) “Domestic animal” means an animal that is customarily devoted to the service of
humankind at the place that it normally lives, such a dog or cat.
(15) “Euthanasia” means the humane destruction of an animal accomplished by a method
that involves instantaneous unconsciousness and immediate death, or by a method that
causes painless loss of consciousness, and death during such loss of consciousness.
(16) “Intermittent noise” is defined as including any of the following: (a) noise of 15
seconds or more duration occurring five or more distinct times within a 30-minute period,
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or (b) noise of 15 seconds or more duration occurring three or more times in 10 minutes,
or (c) any quantity of noise in a 15-minute period heard in person by an animal control
officer that the animal control officer concludes constitutes an intermittent noise.
(17) “Jefferson County” means the unincorporated area of Jefferson County, Washington,
and within any governmental entity or incorporated area as provided by contract to the
extent the entity or city has adopted provisions of this chapter.
(18) “Kennel” means any location or facility where 10 or more adult dogs reside or are
kept or where 10 or more nonferal adult cats reside or are kept, or any “commercial
kennel,” as that term is defined elsewhere in this chapter.
(19) “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.
(20) “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.
(21) “Livestock guard dog” means a dog demonstrably trained for the purpose of
protecting livestock from attack or for herding livestock.
(22) “Off-leash Area” Any area which the Board of County Commissioners designates
with formal signage and demarcated boundaries as an off-leash area, including any future
dog parks.
(23) “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.”
(24) “Pack of dogs” means a group of two or more dogs running at large, as that term is
defined in this code.
(25) “Pet shop” means legally permitted establishment where animals bred off the
premises are offered for sale to the public.
(26) “Potentially dangerous dog” means any dog that when unprovoked: (a) inflicts bites
on a human, domestic animal or livestock 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, animals or livestock. (RCW 16.08.070) (d) This definition
permissibly expands the definition of potentially dangerous dog in RCW 16.08.070(1)
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pursuant to the county’s concurrent jurisdiction, is not otherwise preempted by state
statute, and is authorized by of the county’s police powers under Article XI, Section II of
the Washington Constitution.
(27) “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, trailer parks, apartment
complexes, private communities, etc.
(28) “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.
(29) “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.
(30) “Service animal” means any dog or miniature horse 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 49.60.040
(31) “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.
(32) “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.
(33) “Sheriff” means the person serving as sheriff for Jefferson County via election or
appointment.
(34) “Stray” means any domestic animal loitering in a neighborhood or public place
without an apparent owner or home.
6.07.030 Animal control assigned to sheriff’s office
Animal control shall be assigned to the Jefferson County sheriff’s office, and shall be the
county’s animal care and control agency.. 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.
This section is subject to subsequent decisions of the county commissioners.
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6.07.040 Seizing and impounding.
All seizing of domestic animals and livestock as provided for in this chapter shall be done
by an animal control officer. Seized domestic animals shall be delivered for impoundment
to an animal shelter designated by the county. All impounding of domestic 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.050 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 RCW Title
16, 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. \[Ord. 10-
15 § 2 (Att. A)\]
6.07.060 Animal at large.
(1) It is unlawful for the owner or keeper of any domestic animal 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. 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 domestic 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 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
domestic animal 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.070 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.080 Jumping and barking at persons.
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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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.090 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.
\[Ord. 10-15 § 2 (Att. A)\]
6.07.100 Injury to property or person.
It is unlawful for any owner to suffer or permit any dog to trespass on private or public
property so as to damage or destroy any property or thing of value. It is unlawful for any
owner to suffer or permit any dog to bite a person while such person is on public property
or lawfully on private property. These acts may be deemed a nuisance and any such
animal may be seized and impounded. \[Ord. 10-15 § 2 (Att. A)\]
6.07.110 Female in heat.
It is unlawful for any owner to keep a female domestic 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.120 Harboring vicious or dangerous domesticanimal.
(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 domestic 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 domestic 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.130 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).
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(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 p.m. and 7:00
a.m., the noise is continuous for a period of 10 or more minutes or constitutes
intermittent noise (as defined in this chapter) within any period of 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 a.m. to 10:00
p.m., the noise is continuous for a period of 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, 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 nonconforming 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.
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(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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.140 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 section shall not apply to a guide dog or service animal
actively working pursuant to RCW 70.84.010; to dogs used by armored car services or
law enforcement agencies; to veterinarian offices or hospitals; or to animal exhibitions or
organized law enforcement animal training classes. \[Ord. 10-15 § 2 (Att. A)\]
6.07.150 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.160 Tethered animals.
It is unlawful for any owner or keeper of any domestic animal to tether, stake, tie, or
similarly restrain any domestic animal for more than 12 hours in any 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.170 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.180 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.190 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
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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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.200 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.210 Shelter operator – Duties.
The shelter operator of a shelter designated by the county 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. \[Ord. 10-15
§ 2 (Att. A)\]
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6.07.220 Notice of impounding.
When any animal is impounded under the provisions of this chapter, animal control or the
shelter operator of a shelter designated by the county 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.230 Redemption of animal.
(1) The owner of any licensed domestic animal, whose animal 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 domestic 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;
(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 of a shelter
designated by the county 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 of a
shelter designated by the county, after complying with JCC 6.07.220, may take the
following action:
(a) Hold the animal for an additional length of time for the owner;
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(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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.240 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 within this
chapter and/or RCW 9A.76.020. \[Ord. 10-15 § 2 (Att. A)\]
6.07.250 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.260 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 therefor as provided in this chapter. A person may
license a dog six months or less in age, a dog in other portions of Jefferson County, and
cats, and shall pay the license fees as provided in this chapter and the fee schedule.
The requirement to procure a license shall not apply under the following circumstances:
(1) The owner has been a resident of the county dog control zone for 30 days or less; or
(2) The owner has owned, kept or been in control of the dog for 30 days or less or the
dog, at the time of application for license, is less than six months of age.
These exceptions do not apply to licenses required at the time of adoption or redemption
from an animal shelter or animal welfare facility in Jefferson County. \[Ord. 10-15 § 2 (Att.
A)\]
6.07.270 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 further risk to the
animal. An owner who refuses to provide proof of such vaccination or veterinarian’s
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statement upon request by the licensing agent or his/her designee shall be deemed to
have failed to provide such proof. \[Ord. 10-15 § 2 (Att. A)\]
6.07.280 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.290 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.300 Issuance of licenses.
It shall be the duty of the licensing agent to issue licenses to persons applying therefor
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.
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The licensing agent shall perform other licensing duties as may be delegated to it by the
county. \[Ord. 10-15 § 2 (Att. A)\]
6.07.310 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.320 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.330 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.340 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. \[Ord.
10-15 § 2 (Att. A)\]
6.07.350 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 10 or more adult dogs or 10 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. \[Ord.
10-15 § 2 (Att. A)\]
6.07.360 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.
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. \[Ord. 10-15 § 2
(Att. A)\]
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6.07.370 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 acknowledgment 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
(JCC Title 18). 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) of this
section;
(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
(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
JCC 6.07.390.
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(c) For license renewals, the license applicant shall submit a renewal application
and license fee no less than 30 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. \[Ord.
10-15 § 2 (Att. A)\]
6.07.380 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 6.07.390. 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
6.07.390 may cause the kennel license to be denied or revoked by the licensing agent.
\[Ord. 10-15 § 2 (Att. A)\]
6.07.390 Standards for commercial kennels, shelters, animal welfare facilities and
facilities with 10 or more dogs or 10 or more non-feral cats.
(1) Facility Requirements for Commercial Kennels, Shelters and Animal Welfare Facilities
for Dogs and Cats, and Facilities with 10 or More Adult Dogs or 10 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 Sections 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 42 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;
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(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
noncompliance 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 noncompliance
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 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 domestic 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 this chapter. However, this right of appeal 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;
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(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 domestic 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 JCC 6.07.490. This right of appeal granted by JCC
6.07.490 is not available to third parties who are not the owner or operator of a
kennel, shelter or animal welfare facility. \[Ord. 10-15 § 2 (Att. A)\]
6.07.400 Violations – Penalty.
Unless a different penalty, process 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. \[Ord.
10-15 § 2 (Att. A)\]
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6.07.410 Violations – Abatement.
(1) Unless otherwise expressly provided in this chapter, 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 6.07.400, 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) Unless otherwise expressly provided in this chapter, 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.420 Notice of infraction.
(1) Unless otherwise expressly provided in this chapter, aAny 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) Unless otherwise expressly provided in this chapter, any 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.430 Contesting determination of infraction.
(1) Unless otherwise expressly stated in this chapter, 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) Unless otherwise expressly provided in this chapter, 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.
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(3) Unless otherwise expressly stated in this chapter, 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 then 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) Unless otherwise expressly stated in this chapter, 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) Unless otherwise expressly stated in this chapter, 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. \[Ord. 10-15
§ 2 (Att. A)\]
6.07.440 Hearings Held in Court.
(1) A court 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 RALJ Rules. The decision of the superior
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court is subject only to discretionary review pursuant to Rule 2.3 of the rules of appellate
procedure. \[Ord. 10-15 § 2 (Att. A)\]
6.07.450 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. \[Ord. 10-15 § 2
(Att. A)\]
6.07.460 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. \[Ord. 10-15 § 2 (Att. A)\]
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 JCC 6.07.020(11), 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. \[Ord. 10-15 § 2 (Att. A)\]
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 JCC 6.07.020(11), 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 JCC 6.07.020(11);
(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;
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(e) That if an administrative appeal hearing is requested, such hearing will be
convened pursuant to subsection (2) of this section;
(f) That at the administrative appeal hearing, the records of animal control, and any
supplementary material shall be admissible to prove the dog is a dangerous dog;
(g) That the owner of the dog may require an animal control officer compiling the
record to be present at the administrative appeal hearing;
(h) That the owner of the dog may present evidence and examine witnesses present;
(i) That the burden shall be on animal control to establish by a preponderance of the
evidence that the dog is a dangerous dog;
(j) That any dog declared dangerous under this section or any comparable section
by a duly authorized governmental animal control authority shall be immediately
impounded until the owner registers the dog as dangerous in accordance with JCC
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 15 days from the date
the dog was declared dangerous registers the dog or appeals the determination;
(l) That if the owner appeals the dangerous dog declaration the dog must be
registered provisionally pursuant to JCC 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 6.07.500 will be applicable to that
dangerous dog. The controls required by RCW 16.08.080(6) and JCC 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 subsection (1)(d) of this section, 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 20 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 hereinabove designee shall be
recorded;
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(b) All testimony shall be taken under oath and witnesses may be subpoenaed by
the sheriff or an animal control officer or his or her designee;
(c) The hearing officer shall render a written decision within five business days. This
time may be extended at the discretion of the hearing officer;
(d) The written decision shall include findings of fact and conclusions of law and a
copy will be forwarded to the owner and to the sheriff or an animal control officer.
(3) At the conclusion of the administrative appeal hearing as provided in subsection (2)
of this section, the hearing officer shall have the authority to make a written
recommendation to either affirm, reverse or modify the declaration by the sheriff or an
animal control officer, or his/her designee, that the dog is dangerous. If the
recommendation is to modify the declaration, then the hearing officer may make a finding
that the dog is potentially dangerous. If the hearing officer affirms the declaration and
finds that the dog is dangerous, then the requirements under JCC 6.07.490 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 15 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;
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(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 15 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 Chapter 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 JCC 6.07.500 or the dog shall
be confiscated as provided in RCW 16.08.100(1).
(6) In the event the written decision of the hearing officer is affirmed on appeal and no
further appeal is made, the owner or keeper of the dog must register the dog as a
dangerous dog in accordance with JCC 6.07.500 within 15 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. \[Ord. 10-15 § 2 (Att. A)\]
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 JCC
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 JCC 6.07.020(24);
(b) The breed, color, sex, and license number (if known) of said dog;
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(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 JCC 6.07.470, and required to be registered as
provided in JCC 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 or keeper of a
potentially dangerous dog pursuant to JCC 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 15 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 subsection (3) of this section, a failure by the dog owner or
keeper to request and attend an administrative review meeting with the 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 section, the
administrative review meeting shall be held within 30 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 JCC 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 10 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 JCC 6.07.490.
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(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.
(7) Animal control shall establish and maintain a registry of potentially dangerous dogs in
the county. \[Ord. 10-15 § 2 (Att. A)\]
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 15 days of the declaration of dangerous dog or if
appealed within 15 days of the appeal decision as provided in JCC 6.07.490. No
dangerous dog shall be returned by Jefferson County to anyone prior to the issuance of
a certificate of registration under this section. The certificate of registration shall be issued
only if the owner or keeper of the dangerous dog presents sufficient proof of the following:
(a) A proper enclosure, approved by the sheriff or an animal control officer, to
confine a dangerous dog and posting of the premises with a clearly visible sign that
there is a dangerous dog on the property. In addition, the owner shall conspicuously
display a sign with a warning symbol that informs children of the presence of a
dangerous dog;
(b) A muzzle and leash, approved by the sheriff or an animal control officer as to
strength and fit, for the dangerous dog;
(c) A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in
a form acceptable to animal control in the sum of at least $250,000 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’s 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 $250,000 with a maximum
$500.00 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
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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 this chapter, the owner or
keeper of a dangerous dog shall pay an annual registration fee in the amount of
$100.00. The registration will be valid for 12 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)(d) of this section
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)(c) of
this section requiring a surety bond or insurance policy.
Any provisional permit issued pursuant to subsection (2)(a) of this section shall expire 15
days following the appeal decision as provided in JCC 6.07.490; any provisional permit
issued pursuant to subsection (2)(b) of this section 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 10 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.
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(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, Washington, 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 JCC
6.07.020(11). 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 12 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. \[Ord. 10-15 § 2 (Att.
A)\]
6.07.510 Violations Related to Dangerous Dogs and Potentially Dangerous Dogs.
(1) Enforcement for all violations pertaining to Dangerous Dogs and Potentially
Dangerous Dogs shall be exclusively enforced by the enforcement provisions codified in
Title 19 JCC, Code Compliance, as currently enacted or as hereafter amended.
6.07.520 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. \[Ord. 10-15 § 2 (Att. A)
6.07.530 Provisions not exclusive.
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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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.540 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. \[Ord. 10-15 § 2 (Att. A)\]
6.07.550 Liberal construction.
This chapter shall be liberally construed to carry out its broad purposes. \[Ord. 10-15 § 2
(Att. A)\]