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King County Washington Animal Control Regulations

(King County 6-2007)
ANIMAL CARE AND CONTROL REGULATIONS 11.04.260

11.04.260 Violations - notice and order.
A. Whenever the manager of the animal care and control section or animal care and control officer has found an animal maintained in violation of this chapter, the manager of the animal care and control shall commence proceedings to cause the abatement of each violation.
B. The manager of the animal care and control section or animal care and control officer shall issue a notice of violation and an order directed to the owner or the person presumed to be the owner of the animal maintained in violation of this chapter. The notice and order shall contain:
1. The name and address if known of the owner or person presumed to be the owner of the animal in violation of this chapter;
2. The license number, if available, and description of the animal in violation sufficient for identification;
3. A statement to the effect that the manager or animal care and control officer has found the animal maintained illegally with a brief and concise description of the conditions, which caused the animal to be in violation of this chapter;
4. A statement of the action required to be taken to abate the violation, as determined by the manager of the animal care and control section.
a. If the manager determined the animal in violation must be disposed with, the order shall require that the abatement be completed within a specified time from the order as determined by the manager to be reasonable;
b. If the manager of the animal care and control section determined to assess a civil penalty, the order shall require that the penalty shall be paid within fourteen days from the order.
5. Statements advising that if any required abatement is not commenced within the time specified, the manager of the animal care and control section shall proceed to cause abatement and charge the costs thereof against the owner;
6. Statements advising:
a. that a person having a legal interest in the animal may appeal from the notice of violation and order or any action of the manager of the animal care and control section to the board of appeals, but only if the appeal is made in writing as provided by this chapter and filed with the manager of the animal care and control section within fourteen days from the service of the notice of violation and order, and
b. that failure to appeal constitutes a waiver of all right to an administrative hearing and determination of the matter.
C. The notice and order shall be served on the owner or presumed owner of the animal in violation.
D. Service of the notice of violation and order shall be made upon all persons entitled thereto:
1. Personally;
2. By mailing a copy of the notice of violation and order by certified mail, postage prepaid, return receipt requested, to the person at the person's last known address; or
3. By posting the notice of violation and order on the front door of the living unit of the owner or person with right to control the animal if the owner or person is not home.
E. Proof of service of the notice of violation and order shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made.
F. This chapter shall be followed by the manager of the animal care and control section in determining the existence of an animal care and control violation and in determining the abatement action required. (Ord. 15801 § 25, 2007: Ord. 6370 § 9, 1983: Ord. 1396 Art. III § 9, 1972).


11.04.270 Appeals.
A. The King County board of appeals as established by Article 7 of the King County Charter is designated to hear appeals by parties aggrieved by actions of the manager of the animal care and control section under this chapter. The board may adopt reasonable rules or regulations for conducting its business. Copies of all rules and regulations adopted by the board shall be delivered to the [manager] of the animal care and control section, who shall make them freely accessible to the public. All decisions and findings of the board shall be rendered to the appellant in writing with a copy to the manager of the animal care and control section.
B. Any person entitled to service under K.C.C. 11.04.260.B. may appeal from any notice and order or any action of the manager of the animal care and control section under this chapter by filing at the office of the manager of the animal care and control section within fourteen days from the service of the order, a written appeal containing:
1. A heading in the words: "Before the Board of Appeals of the County of King";
2. A caption reading: "Appeal of __________ giving the names of all appellants participating in the appeal;
3. A brief statement setting forth the legal interest of each of the appellants in the animal involved in the notice and order;
4. A brief statement in concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;
5. A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside;
6. The signatures of all parties' names as appellants, and their official mailing addresses;
7. The verification, by declaration under penalty of perjury, of at least one appellant as to the truth of the matters stated in the appeal.
C. The board of appeals shall set a time and place, not more than thirty days from the notice of appeal for a hearing on the appeal. Written notice of the time and place of hearing shall be given at least ten days [before] the hearing to each appellant by the manager-clerk of the board.
D. At the hearing, the appellant shall be entitled to appear in person, to be represented by counsel and to offer evidence that is pertinent and material to the action of the manager of the animal care and control authority. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered.
E. Failure of any person to file an appeal in accordance with this section shall constitute a waiver of the right to an administrative hearing.
F. Enforcement of any notice and order of the manager of the animal care and control section issued under this chapter shall be stayed during the pending of an appeal, except impoundment of an animal that is vicious or dangerous or cruelly treated. (Ord. 15801 § 26, 2007: Ord. 1396 Art. III § 10, 1972).

11.04.280 Redemption procedures. Any animal impounded pursuant to the provisions of Section 11.04.210 may be redeemed upon payment of the redemption fee as provided in Section 11.04.035. Owners of impounded licensed dogs or cats shall not be charged a redemption fee on the first offense but shall be charged on the second offense at the second offense rate. An additional kenneling fee for each twenty-four-hour period, or portion thereof, during which such dog or cat is retained by the impounding agency shall be made payable to the county. The redemption fee for livestock shall be as provided in Section 11.04.035 plus any hauling and boarding costs due. Livestock not redeemed may be sold at public auction by the impounding agency. The hauling and boarding costs for livestock impounded shall be in accordance with the rate established by contract between the county and the given stock yard used for holding such animal. (Ord. 10168 § 8, 1991: Ord. 7861 § 2, 1986: Ord. 6702 § 2, 1984: Ord. 6370 § 10, 1983: Ord. 6243 § 2, 1982: Ord. 4610 § 6, 1979: Ord. 3980 § 2, 1978: Ord. 2428 § 13, 1975: Ord. 1396 Art. III § 11, 1972).

11.04.290 Vicious animals - corrective action.
A.1. An animal, declared by the manager of the animal care and control section to be vicious, may be harbored, kept or maintained in King County only upon compliance with those requirements prescribed by the manager. In prescribing the requirements, the manager must take into consideration the following factors:
a. the breed of the animal and its characteristics;
b. the physical size of the animal;
c. the number of animals in the owner's home;
d. the zoning involved; size of the lot where the animal resides and the number and proximity of neighbors;
e. the existing control factors, including, but not limited to, fencing, caging, runs and staking locations; and
f. the nature of the behavior giving rise to the manager's determination that the animal is vicious, including:
(1) extent of injury or injuries;
(2) circumstance, such as time of day, if it was on or off the property and provocation instinct; and
(3) circumstances surrounding the result and complaint, such as neighborhood disputes, identification, credibility of complainants and witnesses.
2. Requirements that may be prescribed include, but are not limited to, the following:
a. Erection of additional or new fencing adequate to keep the animal within the confines of its property;
b. Construction of a run within which the animal is to be kept. Dimensions of the run shall be consistent with the size of the animal;
c. Keeping the animal on a leash adequate to control the animal, the length and location to be determined by the manager. When unattended the leash must be securely fastened to a secure object;
d. Maintenance of the animal indoors at all times, except when personally controlled on a leash adequate to control the animal by the owner or a competent person at least fifteen years old; and
e. Removal of the animal from the county within forty-eight hours from receipt of such a notice.
3. Failure to comply with any requirement prescribed by the manager in accordance with this section constitutes a misdemeanor. Such an animal shall not be kept in unincorporated King County after forty-eight hours after receiving written notice from the manager. Such an animal or animals found in violation of this section shall be impounded and disposed of as an unredeemed animal and the owner or keeper of the animal or animals has no right to redeem the animal or animals.
B.1. Any animal constituting a public nuisance as provided in this chapter shall be abated and removed from the county by the owner or by the manager of the animal care and control section, upon the receipt of three notices and orders of violation by the owner in any one-year period, though this removal procedure shall not apply to the vicious animal removal procedure set out in K.C.C. 11.04.290.A.3. Where it is established by record in accordance with this chapter and no finding was entered showing that the owner will be able to provide reasonable restraints to protect the public from repetitions of violations, the manager of the animal care and control section shall notify and direct the owner of the animal to abate or remove the same from the county within ninety-six hours from the notice. If the animal is found to be within the confines of King County after ninety-six hours have elapsed from the notice, the same shall be abated and removed by the manager of the animal care and control section. Animals removed in accordance with this section shall be removed from King County or be subjected to euthanasia by the animal care and control authority.
2. Any animal that bites, attacks or attempts to bite one or more persons two or more times within a two-year period is declared to be a public nuisance and shall not be kept within unincorporated King County forty-eight hours after receiving written notice from the manager. Such an animal or animals found in violation of this section shall be impounded and disposed of as an unredeemed animal, and the owner or keeper of [the] animal or animals has no right to redeem the animal. (Ord. 15801 § 27, 2007: Ord. 7923 § 4, 1987: Ord. 2428 § 14, 1975: Ord. 1396 Art. III § 12, 1972).


Chapter 11.32
GUARD DOGS


11.32.010 Intent. It is the intent of the King County council to set reasonable requirements and conditions governing the training, selling and conveying of guard dogs and the use of such animals for the protection of person and/or property. The council finds such regulation is necessary to preserve the public peace and safety and to insure the humane treatment of said animals. (Ord. 3232 § 1, 1977).

11.32.020 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
A. "Animal care and control authority" means the animal care and control section in the records and licensing services division, acting alone or in concert with other municipalities in the enforcement of the animal care and control laws of the county and state.
B. "Director" means director of the department of executive services.
C. "Guard dog" means any member of the dog family Canidae that has been trained or represented as trained to protect either person or property, or both, by virtue of exhibiting hostile propensities and aggressiveness to unauthorized persons.
D. "Guard dog purveyor" means any person, firm or corporation supplying guard dogs to members of the public.
E. "Guard dog trainer" means any person, either as an individual or as an employee of a guard dog purveyor, whose prime function is the training of dogs as guard dogs.
F. "Rules and regulations of the animal care and control authority" means such rules and regulations, consistent with the intent of this chapter, as may be adopted by the animal care and control authority under K.C.C. chapter 2.98. (Ord. 15971 § 64, 2007: Ord. 15801 § 57, 2007: Ord. 14498 § 19, 2002: Ord. 3232 § 2, 1977).

11.32.030 Guard dog purveyor - license - fee.
A. It is unlawful for any person, firm or corporation to supply guard dogs to the public without a valid license so to do issued to the person, firm or corporation by the animal care and control authority. Only a person who complies with this chapter and such rules and regulations of the animal care and control authority as may be adopted in accordance with this chapter shall be entitled to receive and retain such a license. Licenses shall not be transferable and shall be valid only for the person and place for which issued. The licenses shall be valid for one year from issue.
B. The fee for the license shall be two hundred fifty dollars per year, but if the guard dog purveyor is in possession of a valid animal shelter, kennel and pet shop license, the fee for the guard dog purveyor license shall be reduced by the amount of the animal shelter, kennel and pet shop license. (Ord. 15801 § 58, 2007: Ord. 3232 § 3, 1977).

11.32.040 Guard dog purveyor - license - application. Any person desiring to supply guard dogs to the public shall make written application for a license on a form to be provided by the animal care and control authority. The application shall be filed with the animal care and control authority and shall include the following:
A. A legal description of the premises or the business address of the office from which the applicant desires to supply guard dogs;
B. A statement of whether the applicant owns or rents the premises to be used for the purpose of purveying guard dogs. If the applicant rents the premises, the application shall be accompanied by a written statement of acknowledgment by the property owner that the applicant has the property owner's permission to purvey guard dogs on the premises for the duration of the license; and
C. A written acknowledgment by the applicant that before the actual commercial sale or purveyance of any and all guard dogs the licensee shall coordinate with the animal care and control authority in properly marking the guard dog and in notifying all customers of the guard dog purveyor that the customer is required to register the guard dog and pay the appropriate registration fee to King County before the animal performing guard dog functions. (Ord. 15801 § 59, 2007: Ord. 3232 § 4, 1977).


11.32.050 Guard dog trainer - license required - fee.
A. It is unlawful for anyone to engage in the training of dogs as guard dogs without a valid license so to do issued to the person by the animal care and control authority. Only a person who complies with this chapter and the rules and regulations of the animal care and control authority shall be entitled to receive and retain such a license. Licenses shall not be transferable and shall be valid only for the person for which they were issued. Licenses shall be valid for one year from issue.
B. The cost of the license to each guard dog trainer shall be fifty dollars per year. (Ord. 15801 § 60, 2007: Ord. 3232 § 5, 1977).

11.32.060 Guard dog trainer - license - application. Any person desiring to train dogs as guard dogs shall make written application for a license on a form to be provided by the animal care and control authority. All such applications shall be filed with the animal care and control authority and shall contain the following:
A. A legal description or business address of the premises at which the applicant desires to train the guard dogs;
B. A statement of whether the applicant is self-employed or a member of a business, firm, corporation or organization that trains guard dogs. If the applicant is a member of such a business, firm, corporation or organization, the applicant shall state the name of the entity and shall provide the name of the major executive officer of the entity; and
C. If the premises at which the applicant proposes to train dogs as guard dogs is rented, the application must be accompanied by a written statement of acknowledgment from the property owner that the applicant has the owner's permission to carry on the activity of guard dog training at the location for the duration of the license. (Ord. 15801 § 61, 2007: Ord. 3232 § 6, 1977).

11.32.070 Guard dog - registration. All persons using dogs as guard dogs shall register the dogs with the animal care and control authority. The cost of the registration shall be as provided in K.C.C. 11.04.035. The registrations shall be valid for one year from date of issue. All registrations shall be affixed on the guard dog in such a manner so as to be readily identifiable. (Ord. 15801 § 62, 2007: Ord. 10168 § 11, 1991: Ord. 3232 § 7, 1977).

11.32.080 Guard dog - registration - application. Any person desiring to use a guard dog shall register the dog with the animal care and control authority and the registration shall be accompanied by the following information:
A. A legal description or business address of the premises that the applicant desires to employ a registered guard dog to prevent unauthorized intrusion;
B. A statement whether the applicant owns or rents the premises to be guarded. If the applicant rents the premises, the application must be accompanied by a written statement of acknowledgment from the property owner that the applicant has the owner's permission to use a guard dog on the premises to prevent unauthorized intrusion for the duration of the registration;
C. A description of the guard dog for purposes of identification;
D. Acknowledgment by the applicant of whether the guard dog has been trained as a guard dog to exhibit hostile propensities;
E. Acknowledgment by the applicant that the premises to be guarded has devices, such as fencing, to prevent general access by the public during those times the guard dog is used for purposes of protecting the premises and persons for unauthorized intrusion. The acknowledgment shall contain a statement that the premises is properly signed to forewarn the public of the presence of a guard dog; and
F. Acknowledgment by the applicant that the guard dog will be maintained in such a manner as to ensure the safety of the public and the welfare of the animal. (Ord. 15801 § 63, 2007: Ord. 3232 § 8, 1977).

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