040-19 - Ordinance - Amending 7.01.010 Definitions and 7.16.080 Operation Requirements of Title 7 AnimalsoRDTNANCE NO. 040-19
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMEND NG SECTIONS 7.01.010 "DEF N TIONS,, AND 7.15.080
"OPERAT ON REQU REMENTS" OF T TLE 7 "AN MA6"; PROV DING FOR
SEVERAB IITY AND PUBL CATION; AND SETT NG AN EFFECT VE DATE.
WHEREAS, the City Council desires to limit and set conditions on the possession or
maintenance of animals in order to preserve the public peace and safety and to assure the
humane treatment of animals; now, therefore,
THE C W COUNC t OF THE C TY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLTOWS:
sEcfloN 1.Port Orchard Municipal Code Section 7.01.010 "Definitions" is hereby
amended as follows:
7.01.010 Definitions.
Within the provisions of this title, the following definitions shall apply:
(L) "Animal" is a female, spayed female, male or neutered male animal, including
any goat, horse, mule, cattle, swine or other domestic Iivestock used or raised on
a farm, and any living vertebrate creature including reptiles or birds and excluding
any marine mammals, fish or man. Animal also includes dogs or cats unless
specifica lly excl ud ed.
(2) "Animal control authority" means the Kitsap Humane Society or other agency
or organization designated as the animal control authority in an animal control
services agreement.
(3) "Abandonment" means the owner has left the animal for a period of 24 hours
without making effective provisions for its proper care.
(4) "Adequate shelter" means a moisture proof and wind proof structure that
allows the animal to turn around freely, sit easily, stand and lie normally, and that
keeps the animal clean, dry and comfortable.
(5) "At large" is off the premises of the owner or keeper of the dog, or animal, and
not under restraint by leash or chain or not otherwise controlled by a competent
person.
(6) "Boarding kennel" means a commercial establishment with the purpose of
keeping, caring for, andfor boarding dogs and or cats. No animals shall be offered
for sale and no breeding for commercial sale shall occur on the premises.
(7) "Broker" means a person that transfers a dog or cat from a commercial kennel
or mill for resale by another person.
(8) "Cat" is a female, spayed female, male, or neutered male cat.
(9) "Commercial kennel" means an establishment for the breeding and/or sale of
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dogs and/or cats.
(10) "Court" means Port Orchard municipal court.
(11) "Dangerous animal" means any animal that:
(a) lnflicts severe injury on a human being without provocation on public
or private property;
(b) Kills a domestic animal without provocation while the attacking animal
is off the owner's property; or
(c) Has been previously found to be potentially dangerous because of
injury inflicted on a human, the owner having received notice of such, and
the animal again aggressively bites, attacks, or endangers the safety of
humans.
This definition shall not include a police dog as defined in RCW 4.24.4L0.
(12) "Dog" is a female, spayed female, male or neutered male dog.
(13) "Dog handler" means a law enforcement officer who has successfully
completed training as prescribed by the Washington State Criminal Justice
Training Commission in police dog handling.
(14) "Domestic livestock" means any male or female hoofed anima!.
(15) "Grooming parlor" means any place, establishment, store or department of
any store, that handles live dogs and/or cats and offers to bathe, trim, or groom
the animal in any manner.
(L6) "Hobby kennel" means a noncommercial residentia! kennel with the purpose
of keeping dogs and or cats owned by one individual. A hobby kennel is limited to
a maximum of 10 dogs and/or cats.
(17) "lnhumane treatment" means every act, omission, or neglect whereby
unnecessary or unjustified physical pain or suffering is caused or permitted.
(L8) "Local law enforcement officer" means the police chief or his/her designee.
(19) "Mill - puppy or kitten" means an establishment that breeds dogs andf or
cats for sale, typically on an intensive basis and in conditions regarded as
inhumane in which profit is prioritized over the wellbeing of the animals
andfor where the health and welfare of the animals are not adequately
provided for.
(20) "Neglect" means the failure to provide proper food, potable water, adequate
shelter, opportunity for exercise, or other care normal, usua!, and proper for an
anima!'s health and wellbeing.
(zll "Offer for adoption" means to allow showcasing of animals for adoption by
bonafide anima! care and control agencies as defined in RCW 15.52.011.
(221 "Offer for sale" means to sell, rent, lease, offer for sale or consignment,
advertise for the sale, rent, or lease of, barter, auction, give away, or otherwise
dispose of a live animal.
(23) "Owner" is any person or entity that controls, maintains, possesses, has
custody of , or otherwise provides care, shelter, protection, restraint, refuge, food,
or nourishment in such a manner as to control an animal's activities.
(241 "Pet shop" is any place, establishment, store, or department of any store, that
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handles live animals, including dogs, cats, rabbits, birds, reptiles, other fowl, or
fish, and offers to sell or rent to the public such animals at retail or wholesale.
(25) "Police dog" means a dog used by a law enforcement agency specially trained
for law enforcement work and under the control of a dog handler.
(26l "Provocation" means tdasing, taunting, striking or other like action, or the
unauthorized entry onto the premises where an animal is kept.
(2Tl "Potentially dangerous" means an animal that, when unprovoked:
(a) Chases or approaches a person upon the streets, sidewalks or any other
public grounds in a menacing fashion or apparent attitude of attack;
(b) Causes injury to or otherwise threatens the safety of a human or
domestic animal; or
(c) lnflicts a bite upon a human or domestic animal either on public or
private property.
(28) "Secure enclosure" means a chain link enclosure consisting of secure sides
and a secure top, or if without top, having sides which are at least eight feet high,
and with a floor permanently attached to the sides, or having sides which are
embedded at least one foot into the ground, and which is constructed of such
material and closed in such manner that the animal(s) cannot exit on their own.
(29) "Severe injury'' means any physical injury that results in broken bones or
disfiguring lacerations requiring multiple sutures or cosmetic surgery.
(30) "Stray" is any animal loitering in a neighborhood or any public place without
an apparent owner or home.
(31) "Under control" means the animal is under voice and/or signal control so as
to be thereby restrained from approaching any bystander or other animal or from
causing or being the cause of physica! or property damage when off a leash or off
the premises of the owner.
(32) The present tense shall include the past and future tenses, and the future, the
present. Each gender shal! include all genders. The singular number shall include
the plural and the singular.
Whenever a power is granted to or a duty is imposed upon the humane society,
poundmaster or other public officer, the power may be exercised or the duty may
be performed by a deputy of the officer or by a person authorized pursuant to the
law by the officer unless this chapter expressly provides otherwise.
SECTION 2. Port Orchard Munici pal Code Section 7.15.080 "Operation requirements" is
hereby amended as follows:
7.15.080 Operation requirements.
(1) Proper diet, fresh potable water, shelter, and medical attention shall be
provided to all animals.
(2) Food shall be stored in a fashion, which prevents contamination or infestation.
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(3) The facilities shall be maintained and operated in a healthful, sanitary manner
free from disease, infestation and fou! odors.
(a) Sick animals shall be isolated from healthy animals in quarters adequately
ventilated to prevent contamination of healthy animals.
(5) Animals shal! receive adequate food, water, and care on days when the facility
is not open for business.
(5) Animals shall be immunized from disease as is usual and customary for the
animal's age and species.
(7) Ownership of animal offered for sale or adoption: the owner/manager of the
pet shop or animal care and control agencies as defined in RCW L6.52.0L1, shall
maintain written documentation of the source of all animals offered on
consignment or otherwise being sold for compensation at a pet shop. Such
documentation shall include a copy of the valid commercial kenne! license for the
source at time of breeding and disbursement. Records of all animals, reptiles, fish,
or other animals offered for sale shall be readily available to enforcement and
licensing agencies.
(8) Pet shops are prohibited from offering for sale dogs or cats of any age which
have been obtained from a puppy mill or kitten mill, commercial kennel, or
through a broker, as defined in POMC 7.01.010.
IECIIQN 3. Severabilitv. If an y section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 4. Publication.This Ordinance shall be published by an approved summary
consisting of the title
SECTION 5. Effective Date. This Ordinance shalltake effect and be in fullforce and effect
five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 8th day of October 2OL9.
Robert Putaansuu, Mayor
ATTEST:SOR:
B earson,MMC, City Clerk
S
k Ashby, Councilmember
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APPROVED AS TO FORM:
Cates, City Attorney
PU BLISH ED:
EFFECTIVE DATE:
October L8,2OL9
October 23,2OL9