1750 - Ordinance - Repealing Ordinance No. 1607 Keeping and Control of Dogs and Other AnimalsNOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their
regular Council meeting held March 8, 1999.
ORDINANCE NO. 1750
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, RELATING TO THE KEEPING AND CONTROL
OF DOGS AND OTHER ANIMALS; LICENSING OF DOGS AND
CATS; HOBBY KENNELS, PET SHOPS, ANIMAL
SHELTERSIBOARDING KENNELS; DECLARING CERTAIN
PRACTICES OF CERTAIN ANIMALS TO BE PUBLIC
NUISANCES; DEFINING OFFENSES; ESTABLISHING
PENALTIES; REQUIRING REMOVAL AND DISPOSAL OF
ANIMAL WASTE; PROHIBITING HORSES ON SIDEWALKS;
DEFINING DANGEROUS ANIMALS AND PROVIDING PROCESS
FOR RESTRAINT, REGISTRATION, APPEAL PROCESS AND
PENALTY FOR FAILURE TO CONTROL; AND REPEALING
ORDINANCE NO. 1607.
Copies of Ordinance No. 1750 are available for review at the office of the City
Clerk of the City of Port Orchard. Upon written request a statement of the full text
of the Ordinance will be mailed to any interested person without charge. Thirty
days after publication, copies of Ordinance No. 1750 will be provided at a nominal
charge.
City of Port Orchard
Michelle Merlino
Deputy Clerk
Publish: Port Orchard Independent
March 17,1999
ORDINANCE NO.1750
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
RELATING TO THE KEEPING AND CONTROL OF DOGS, CATS AND
OTHER ANIMALS; LICENSING OF DOGS AND CATS; HOBBY
KENNELS, PET SHOPS, ANIMAL SHELTERS/BOARDING KENNELS;
DECLARING CERTAIN PRACTICES OF CERTAIN ANIMALS TO BE
PUBLIC NUISANCES; DEFINING OFFENSES; ESTABLISHING
PENALTIES; REQUIRING REMOVAL AND DISPOSAL OF ANIMAL
WASTE; PROHIBITING HORSES ON SIDEWALKS; DEFINING
DANGEROUS ANIMALS AND PROVIDING PROCESS FOR RESTRAINT,
REGISTRATION, APPEAL PROCESS AND PENALTY FOR FAILURE TO
CONTROL; AND REPEALING ORDINANCE NO. 1607
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That Port Orchard Municipal Code Title 7 and Ordinance No. 1607 are hereby
repealed in their entirety.
SECTION 2. That Port Orchard Municipal Code Chapter 7.01 shall read as follows:
7.01.010 Definitions. Within the provisions of Title 7 of the Port Orchard Municipal
Code, the following definitions shall apply:
(1) "Animal" is a female, spayed female, male or neutered male animal, including any
goat, horse, mule, cattle, swine or other domestic livestock 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 specifically excluded.
(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 it's 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, and/or boarding dogs and or cats. No animals shall be offered for
sale and no breeding for commercial sale shall occur on the premises.
(7) Cat" is a female, spayed female, male, or neutered male cat.
(8) "Commercial Kennel" means an establishment for the breeding and/or sale of
dogs and/or cats.
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(9) "Court" means Port Orchard Municipal Court.
(10) "Dangerous" means an animal that according to the records of the animal control
Authority; (a) has inflicted severe injury on a human without provocation while on public or
private property, (b) has killed a domestic animal without provocation while off the owner's
property, or (c) has been previously found to be potentially dangerous. (The owner has
received notice of such potential and the animal subsequently aggressively bites, attacks
or endangers the safety of humans or domestic animals.) This definition shall not include
a police dog as defined in RCW 4.24.410.
(11) "Dog" is a female, spayed female, male or neutered male dog.
(12) "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.
(13) "Domestic Livestock" means any male or female hoofed animal.
(14) "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.
(15) "Hobby Kennel" means a non-commercial residential kennel with the purpose of
keeping dogs and or cats owned by one individual. A Hobby Kennel is limited to a maximum
of ten (10) dogs and/or cats.
(16) "Inhumane Treatment" means every act, omission, or neglect whereby unnecessary
or unjustified physical pain or suffering is caused or permitted.
(17) "Local law enforcement officer" means the Police Chief or his/her designee.
(18) "Neglect" means the failure to provide proper food, potable water, adequate
shelter, opportunity for exercise, or other care normal, usual, and proper for an animal's
health and well being.
(19) "Owner" is any person, firm, or corporation owning, having an interest in or having
control or custody or possession of any animal.
(20) "Pet Shop" is any place, establishment, store, or department of any store, that
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.
(21) "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.
(22) "Provocation" means teasing, taunting, striking or other like action, or the
unauthorized entry onto the premises where an animal is kept.
(23) "Potentially Dangerous" means an animal that when unprovoked; (1) chases or
approaches a person upon the streets, sidewalks or any other public grounds in a menacing
fashion or apparent attitude of attack, (2) causes injury to or otherwise threatens the safety
of a human or domestic animal, or (3) inflicts a bite upon a human or domestic animal either
on public or private property.
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(24) "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 (8) 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) can not exit on their own.
(25) "Severe injury" means any physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
(26) "Stray" is any animal loitering in a neighborhood or any public place without an
apparent owner or home.
(27) "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 physical or property damage when off a leash or off the premises of the owner.
(28) The present tense shall include the past and future tenses, and the future, the
present. Each gender shall 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 3. That Port Orchard Municipal Code Chapter 7.04 shall read as follows:
7.04.020 Animal Running at large. It is unlawful for the owner or person having control
of any animal, excluding cats, to suffer or permit under any circumstances the same, whether licensed or not,
to run at large. Any animal so straying or trespassing is a public nuisance and shall be immediately seized
and impounded; provided that this section shall not prohibit a person from walking or exercising such animal
when such animal is on a 4eash or under control by a competent person, and proper safeguards are taken to
protect public and private property, and the public, from injury or damage from such animal.
7.04.030 Injury to Property by an Animal. It is unlawful for any owner to suffer or
permit any animal to trespass on private or public property so as to damage or destroy any property or thing
of value, and the same is a nuisance and any such animal may be seized and impounded.
7,04.040 Animal Chasing Vehicles. It is unlawful for any owner keeping or harboring
any dog to suffer or permit such dog to chase, run after or jump at vehicles using the public streets, avenues,
alleys and ways within the city, and the same is a nuisance and any such dog may be seized and
impounded.
7.04.050 Animal Howling and Barking. It is unlawful for an owner or keeper of any
animal to harbor, maintain or keep such animal which, by frequent or habitual howling, barking, yelping or
other noises, unreasonably annoys or disturbs one or more persons in a neighborhood. Any such animal is a
nuisance and may be seized and impounded.
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7.04.060 Stray Animal. Any stray animal running at large within the city is a nuisance,
and any such stray animal may be seized and impounded.
The city police, or the authorized agent of the city, before picking up any animal under this
section, may require the complainant requesting such impounding first to apprehend and secure such animal.
The complainant shall sign a release at the time such animal is picked up.
It shall be the duty of each and every person who takes into his possession or custody any
stray animal not placed in his custody by the person having lawful ownership, custody or control thereof at
once to notify Port Orchard Police Department and/or the animal control authority giving a detailed
description of the animal. In the event the rightful owner is unknown, and the person having possession or
custody of the stray animal desires to assume ownership of the stray animal, they may do so after notifying
the animal control authority and obtaining a license, if one is required for the type of animal found. If the
owner of the animal is known or comes forward to identify themself as the owner of the animal, it is unlawful
to refuse to release such animal to an officer of the Port Orchard Police Department, the animal control
authority or rightful owner of the animal upon demand and without charge. Every effort must be made by the
person finding the stray animal and the animal control authority to identify the rightful owner.
7.04.070 Female Dog or Female Cat in Heat. It is unlawful for any owner or keeper of
any female dog or female cat to allow or permit such animal to be or to run at large while in heat, whether or
not such animal is licensed, and any such animal so running at large during such period is a nuisance and
may be seized and impounded.
It is further unlawful to tie, chain or otherwise leave unattended and not under the control of
competent person, on the premises of the owner of keeper, whether or not such premises are fenced, such
female dog or female cat in heat.
It is further unlawful to fail to keep such female dog or female cat while in heat confined
within the residence of the owner or keeper, or confined within such other building or structure that is dog -
proof or cat -proof.
If such female dog or female cat, during said heat period attracts male dogs or male cats so
as to cause a nuisance or disturbance in the neighborhood, the owner or keeper of such animal may be
required to place the animal in a veterinary hospital or boarding kennel, or otherwise to remove the animal
from the neighborhood, and it is unlawful to fail or refuse to do so.
7.04.080 Keeping of Livestock Animals. It is unlawful for an owner or keeper of all
livestock animals such as goats, horses, mules, cattle, swine, or other hoofed livestock to keep it or them
upon property less than one acre, or house, corral or pen it or them in an area less than fifty feet from any
adjacent property line.
7.04.090 Injured or Diseased Animals. Any animal suffering from serious injury or
disease may be humanely destroyed at the discretion of an officer of Port Orchard Police Department or of
the animal control authority. The owner of the animal shall be notified of such action if the animal is wearing
a license tag or identification tag, or if the owner or keeper is otherwise known.
7.04.100 Cruelty To Animals. Any person who is in any manner or by any means guilty
of any cruelty to any animal is guilty of a Misdemeanor unless otherwise set forth. Examples of cruelty for the
purpose of this section is as follows: (this list is not intended as or to be interpreted as an inclusive limited
list),
(1) Willfully and inhumanely injure or kill any animal by any means;
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(2) Negligently or intentionally cause or fail to alleviate any pain, suffering or injury of
any animal;
(3) Willfully and maliciously lay out, leave or expose any poison intended for animals or
fowl on any premises, or aid or abet any person in so doing, unless in accordance with the
provisions of RCW 16.52.190;
(4) Abandon any animal by leaving the animal on the street, road or highway or in any
other public place or on the private property of another;
(5) Confine an animal within a motor vehicle under conditions that may endanger the
health or well being of the animal, including but not limited to extreme temperatures or lack
of food or water. Any animal control or police officer is authorized to remove an animal from
a motor vehicle, at any location, when the officer reasonably believes the animal is confined
in violation of this section. An animal so removed shall be delivered to the animal control
shelter of the animal control authority. The removing officer shall leave written notice of the
removal and delivery, including the officer's name in a conspicuous, secure location on or
within the vehicle; or
(6) Transport an animal in the open bed of a pickup truck; provided, that an owner may
transport an animal in the bed of a pickup truck where the animal is in a kennel and the
kennel is secured in such a manner so as to prevent injury to the animal pursuant to RCW
46.61.660.
(7) Any person entering a dog in a dog fight is guilty of a Class C felony, by
confinement in a state correctional institution for five years, or by a fine in an amount fixed
by the court of ten thousand dollars, or by both such confinement and fine.
7.04.110 Animal Waste.
(1) It shall be unlawful for the owner or person having charge of any animal to permit,
either willfully or by failure to exercise due care, such animal to commit a public nuisance by
defecating in any area of the city other than the premises of the owner or person having
charge or control of the animal, unless said owner or person having charge takes immediate
steps to remove and properly dispose of said feces.
(2) It shall be unlawful for the owner or person having charge of any animal, to take
said animal, off of the private property of said person without having in the possession of the
owner or person having charge of the animal, a proper means of disposal for the feces of
the animal.
(3) Disposal is defined, for the purpose of this section, as the removal of feces by
means of a bag, scoop or other device and an eventual disposal in a trash receptacle, by
burying or by other means of lawful disposal.
7.04.120 Horses On Sidewalks Prohibited. It is unlawful for any person to ride, lead
or allow any horse, mare, pony, or similar hoofed animal on any sidewalk within the City of Port
Orchard.
7.04.130 Public Nuisance - Violation. An animal involved in any violation of any portion
of this section is declared to be a public nuisance, and may be impounded and held in accordance with the
provisions of this section.
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It is a violation of this section for any owner to fail to exercise proper care and control of their animal to
prevent it from becoming a public nuisance.
7.04.140 Witnessing Violations--Impounded--Citations. Any officer of Port Orchard
Police Department or of the animal control authority, upon personally witnessing any violation of the
provisions of this chapter, may enter onto the premises of the owner or keeper of such dog, cat or other
animal and, without court order, may seize and impound such animal if the owner or keeper of the animal
cannot be contacted at the residence, or if such owner or keeper refuses or fails to abate such nuisance
immediately; provided, that nothing herein contained shall be construed to allow or permit such officer to
enter the dwelling of the owner or keeper, without such owner's or keeper's permission, to seize and impound
such animal.
Any officer of Port Orchard Police Department or of the animal control authority, upon
personally witnessing any violation of the provisions of this chapter, may issue an arrest citation to the owner
or keeper of the animal.
7.04.150 Violation - Penalty - Misdemeanor. Any person violating Section 7.04.100
(1) (2) (3) (4) (5) (6) of this chapter shall be guilty of a Misdemeanor and upon conviction thereof shall be
punished by a fine of $1,000.00 or be imprisoned in the county jail for a period not to exceed 90 days or by
both such fine and imprisonment. For each violation of this chapter of a continuing nature, each day of
violation may be considered a separate offense.
7.04.160 Violation -- Penalty — Class C Felony. Any person violating Section
7.04.100(7) of this chapter shall be guilty of a Class C Felony and upon conviction thereof shall be confined in
a state correctional institution for five years, or by a fine in an amount fixed by the court of $10,000.00, or by
both such confinement and fine.
7.04.170 Violation - Penalty - Civil Infraction. Any person violating any provisions of
this chapter, excluding 7.04.100 or who creates, keeps or maintains a nuisance as defined in this chapter is
guilty of a Civil infraction. The fine for any infraction shall be forty dollars for the first violation, seventy-five
dollars for the second infraction committed within one year and one hundred dollars for the third and
subsequent infractions committed within one year. Each and every day or portion thereof in which an
infraction is committed shall constitute a separate and distinct infraction.
7.04.180 Violations --Abatement.
(1) In addition to fines, persons violating this chapter may be ordered by the court to
abate or remove the animal. Furthermore, upon determining the animal is vicious or
dangerous, the court may order the animal destroyed. If the violator does not carry out the
court's order within twenty-four hours, a court authorized officer shall do the same. Any
order to remove, abate, or destroy shall be entered into the record and made part of the
judgment.
(2) Violators shall be liable for all costs of carrying out the courCs order when performed
by an officer, such costs to be taxed as part of the prosecution costs. Officers who carry out
the court order shall keep an accounting of the costs. In addition to the powers herein given
to collect such costs, the city may bring suit for costs in a competent court against the
violator.
Ordinance No. 1750
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SECTION 4. That Port Orchard Municipal Code Chapter 7.06 shall read as follows:
7.06.010 Exemptions. Police dogs handled by a registered/certified handler shall be
exempt from provisions set forth in POW 7.06.
7.06.020 Declaring an Animal as Potentially Dangerous Levels of Violation.
(1) Declaration of an Animal as Potentially Dangerous. The animal control authority
has the authority to declare an animal potentially dangerous in any of the levels described as
follows:
(a) Level 1. An animal is Level 1 potentially dangerous when without
provocation it chases or approaches a person upon the streets, sidewalks,
or other public property in a menacing fashion or apparent attitude of
attack.
(b) Level 2. An animal is Level 2 potentially dangerous when it causes injury to
or otherwise threatens the safety of a human or domestic animal.
(c) Level 3. An animal is Level 3 potentially dangerous when it bites a human
or domestic animal, either on public or private property.
An animal shall not be declared level 2 or level 3 potentially dangerous if the threat,
injury or bite is sustained by a person who, at the time, was committing a willful trespass or other sort upon
the premises occupied by the owner of the animal, or was tormenting, abusing, or assaulting the animal or
has in the past been, observed or reported to have tormented, abused, or assaulted the animal or was
committing or attempting to commit a crime.
(2) Restraint of Potentially Dangerous Animal. Potentially dangerous animals shall be
restrained in the following manner:
(a) A Level 1 potentially dangerous animal, whenever outside the owner's
residence and not on a leash shall be restrained by a physical device or
structure that prevents the animal from reaching a public sidewalk,
easement, right-of-way, road, or adjoining property and must be located
where the animal does not interfere with legal access to the owner's
property and
(b) A Level 2 potentially dangerous animal must comply with the restrictions on
a Level 1 potentially dangerous animal, and in addition the animal control
authority may require the owner to obtain and maintain proof of public
liability insurance. The owner may be required to complete a responsible
pet ownership program administered by the animal control authority. All
costs associated with the program shall be paid by the owner, and
(c) A Level 3 potentially dangerous animal shall be confined within a secure
enclosure whenever the animal is not inside the owner's residence. The
secure enclosure must be located where it does not interfere with the
public's legal access to the owner's property. In addition, the animal control
authority may require the owner to obtain and maintain proof of public
liability insurance. The owner shall not permit the animal to be outside the
secure enclosure or oft the owner's property unless the animal is muzzled
and restrained by an adequate leash and under the control of a capable
Ordinance No. 1750
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person. In addition, the owner must complete a responsible pet ownership
program administered by the animal control authority. All costs associated
with the program shall be paid by the owner.
(3) Notice. When the animal control authority determines that an animal is potentially
dangerous, the animal control authority shall notify the owner and city clerk in writing that the
animal has been declared potentially dangerous. The notice shall contain a description of
the animal, the name and address of the animal's owner, if known, a brief summary of the
facts upon which the declaration is based, a statement of any restrictions placed on the
animal as a consequence of the declaration, a statement of the penalties for further
violations, and a notice of the right to appeal the declaration, including a statement of the
deadline for the appeal.
(4) Service of Notice. The animal control authority shall personally serve or mail the
written declaration of a potentially dangerous animal to the owner and the city clerk. If the
owner is unknown, the animal control authority shall make reasonable efforts to locate and
notify the owner of the declaration.
(5) Appeal of Declaration of Potentially Dangerous Animal. The owner of an animal
declared potentially dangerous shall have ten (10) calendar days from receipt of the written
declaration to appeal the declaration. The owner's appeal must be in writing and must be
filed as follows:
(a) Appeal to Level 1 must be in writing and filed with the city clerk. Upon
receiving the written notice of appeal, the city clerk shall schedule an
appeal hearing and provide written notice of the hearing to the appellant
and the animal control authority. At the hearing, the animal control authority
shall have the burden of proving that the animal is potentially dangerous by
a preponderance of the evidence. The city clerk shall issue a written
decision to the appellant that either sustains or reverses the animal control
authority's declaration. The decision shall be the final decision of the city
clerk. If the declaration is sustained, the appellant shall be notified of the
right to an appeal to the Municipal Court, and
(b) Appeal to Level 2 and 3 must be in writing and filed with the city clerk.
Upon receiving the written notice of appeal, the city clerk shall schedule an
appeal hearing before the City of Port Orchard Animal Appeal Board and
provide written notice of the hearing to the appellant and the animal control
authority. At the hearing, the animal control authority shall have the burden
of proving that the animal is potentially dangerous by a preponderance of
the evidence. The animal appeal board shall issue a written decision to the
appellant, which either sustains or reverses the animal control authority's
declaration. The decision shall be the final decision of the animal appeal
board. If the declaration is sustained, the appellant shall be notified of the
right to an appeal to the Municipal Court.
(6) Appeal of Decision of the City Clerk and/or Animal Appeal Board. The owner of an
animal declared potentially dangerous may appeal the decision of the city clerk or animal
appeal board. A written appeal shall be filed with the clerk of the municipal court within
fourteen (14) calendar days after the date of the city clerk or animal appeal board decision.
(7) Court Hearing. Upon receiving a written appeal from the owner(s) of an animal
declared potentially dangerous the clerk of the municipal court shall promptly set a date for
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hearing the appeal. Written notice of the time, date and place of the hearing shall be
delivered or mailed at least ten working days prior to the hearing to the appellant and to the
animal control authority.
(8) Court Decision. If the court overrules the decision of the city clerk or animal appeal
board, the declaration shall be rescinded and any restrictions imposed shall be removed,
court costs shall not be assessed against either party. If the court sustains the decision of
the city clerk or animal appeal board, the court shall award the city its additional court costs,
including attomeys' fees, and may impose additional restrictions on the animal.
(9) Change of Ownership, Custody or Residence. The owner(s) of an animal that has
been declared potentially dangerous who sells or otherwise transfers the ownership,
custody or residence of the animal, shall within ten (10) working days of the change, inform
the animal control authority in writing of the name, address and telephone number of the
new owner, the new address where the animal is located and the name, description and
license number of the animal. The owner shall notify the new owner is writing of the details
of the animal's record relating to the declaration that the animal is potentially dangerous, and
the terms and conditions of the declaration. The owner shall also provide the animal control
authority with a copy of the written notification, which shall contain a notarized statement by
the new owner acknowledging receipt of the notice.
7.06.030 Failure to Control an Animal Declared Potentially Dangerous - Declaration
of an Animal as Dangerous.
(1) Violation. After an animal is declared potentially dangerous pursuant to this
chapter, the owner of the potentially dangerous animal shall be guilty of a violation of this
chapter if the animal runs at large, chases, or approaches a person upon the streets,
sidewalks, or other public grounds in a menacing fashion or apparent attitude of attack,
causes injury to or otherwise threatens the safety of a human or domestic animal, or bites a
human or domestic animal. This section shall not preclude criminal prosecution under RCW
16.05.100(3) in a first -bite situation causing severe injury or death to a human.
(2) Declaration of an Animal as Dangerous. The animal control authority has the
authority to declare an animal dangerous. If the owner of a potentially dangerous animal is
found guilty of violating this section the court shall make a further determination as to
whether the animal should be declared dangerous. Pursuant to RCW 16.08.090(3), animals
shall not be declared dangerous if the threat, injury, or damage was sustained by a person
who at the time, was committing a willful trespass or other sort upon the premises occupied
by the owner of the animal or was tormenting, abusing or assaulting the animal or has, in the
past, been observed or reported to have tormented, abused, or assaulted the animal or was
committing or attempting to commit a crime.
(3) Notice. When the animal control authority determines that an animal is dangerous,
the animal control authority shall notify the owner in writing that the animal has been
declared dangerous. The notice shall contain a description of the animal, the name and
address of the animal's owner, if known, a brief summary of the facts upon which the
declaration is based, a statement of any restrictions placed on the animal as a consequence
of the declaration, a statement of the penalties for further violations, and notice of the right to
appeal the declaration, including a statement of the deadline for the appeal.
(4) Service of Notice. The animal control authority shall personally serve or mail its
written declaration of a dangerous animal to the owner. If the owner is unknown, the animal
control authority shall make reasonable effort to locate and notify the owner of the
Ordinance No. 1750
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declaration.
(5) Court Decision. If the court overrules the decision of the city clerk or animal appeal
board, the animal control authority's declaration shall be rescinded and any restrictions
imposed shall be removed, court costs shall not be assessed against either party. If the
court sustains the decision by the city clerk or animal appeal board, the court shall award the
city its additional court costs, including attorneys' fees, and may impose additional
restrictions on the animal.
7.06.040 Registration of a Dangerous Animal.
(1) Registration Required. The owner of an animal declared to be dangerous by the
animal control authority or by a court shall register the dangerous animal with the animal
control authority pursuant to RCW 16.08.080 within 30 days of the date the animal is
declared dangerous. Thereafter, the owner of the dangerous animal shall register the
animal annually before or during the month of July.
(2) Registration Elation. Certificates of registration for dangerous animals shall
expire on June 30 of each year.
(3) Registration Fee. The annual registration fee for a dangerous animal is $100. This
registration fee is in addition to regular licensing fees. The initial registration fee shall be
prorated according to the number of months remaining in the registration year.
(4) Certificate of Registration_ Application. An application to obtain a certificate of
registration of a dangerous animal shall contain the following information.
(a) Name, address and, telephone number of the applicant owner; and
(b) Type, name, age, color, sex, and distinguishing characteristics of the
animal; and
(c) A diagram to approximate scale, showing the secure enclosure proposed to
confine the dangerous animal; and
(d) Evidence of the posting of the owner's premises with a clearly visible
warning sign that there is a dangerous dog on the property, and a
conspicuously displayed sign with a warning symbol that informs children of
the presence of a dangerous dog; and
(e) Pursuant to RCW 16.08.080, sufficient proof of a surety bond issued by a
surety qualified under chapter 48.28 RCW in the amount of at least
$1,000,000; and
(f) Sufficient proof of a liability insurance policy in the amount of at least
$500,000 insuring the applicant owner for personal injuries inflicted by the
dangerous animal.
(5) Pre -Certificate On -Site Inspection. An employee of the animal control authority
shall make an on -site inspection of the applicant's site for keeping the dangerous animal to
ensure that the site is properly enclosed and posted. The inspection shall occur within 30
days of the animal being declared dangerous.
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(6) Noncompliance. In the event the owner and/or keeper of a dangerous animal fails
to comply with the requirements of this section and/or RCW 16.08.080 for registering a
dangerous animal, the animal control authority can take immediate action pursuant to RCW
16.08.100. Rules and regulations for notifying owners and/or keepers of the confiscation of
registered dangerous animals shall be formulated by the animal control authority.
(7) Issuance of Certificate of Registration. The city shall issue the certificate of
registration, if the registration fee is paid and the application and site inspection show that
the applicant meets the requirements of this section and applicable state law. The certificate
of registration shall be prominently displayed by the owner of the dangerous animal in an
appropriate location visible to the general public.
(8) Annual Inspections. Prior to the renewal of a certificate of registration, the animal
control authority shall inspect the premises where the dangerous animal is kept at a time
mutually convenient to both the animal control authority and the owner of the dangerous
animal. The purpose of the annual inspection shall be to ascertain that the site remains in
compliance with this section. The inspection shall occur during the month of June before the
expiration of the dangerous animal registration. Failure to cooperate in the inspection may
result in further action pursuant to RCW 16.08.100 and paragraph 6 of this section.
(9) Change of Ownership Prohibited. An owner of an animal declared dangerous shall
not sell or otherwise transfer the ownership, custody or residence of the animal without first
obtaining a written court order authorizing the transfer. An owner or keeper seeking court
approval shall notify the animal control authority of his intent. In determining whether to
grant or deny approval, the court shall consider the following criteria:
(a) The information set forth in paragraph 4 of Section 7.04.150; and
(b) any previous violations of this title by the proposed new owner; and
(c) the facilities proposed to contain the animal at its new site; and
(d) the characteristics of the neighborhood surrounding the proposed new
owner's premises, i.e. number of children, schools, day care facilities, etc.
7.06.050 Public Nuisance - Violation. An animal involved in any violation of any portion
of this section is declared to be a public nuisance, and may be impounded and held in accordance with the
provisions of this section.
It is a violation of this section for any owner to fail to exercise proper care and control of their animal to
prevent it from becoming a public nuisance.
7.06.060 Witnessing Violations--Impounded--Citations. Any officer of Port Orchard
Police Department or of the animal control authority, upon personally witnessing any violation of the
provisions of this chapter, may enter onto the premises of the owner or keeper of such dog, cat, or other
animal and, without court order, may seize and impound such animal if the owner or keeper of the animal
cannot be contacted at the residence, or if such owner or keeper refuses or fails to abate such nuisance
immediately; provided, that nothing herein contained shall be construed to allow or permit such officer to
enter the dwelling of the owner or keeper, without such owner's or keeper's permission, to seize and impound
such animal.
Any officer of Port Orchard Police Department or of the animal control authority, upon
personally witnessing any violation of the provisions of this chapter, may issue an arrest citation to the owner
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or keeper of the animal.
7.06.070 Violation - Penalty - Misdemeanor. Any person violating Sections 7.06.020,
7.06.030, and 7.06.040 of this chapter shall be guilty of a Misdemeanor and upon conviction thereof shall be
punished by a fine of one thousand dollars ($1,000.00) or be imprisoned in the county jail for a period not to
exceed 90 days or by both such fine and imprisonment. For each violation of this chapter of a continuing
nature, each day of violation may be considered a separate offense.
7.06.080 Violation - Penalty - Civil Infraction. Any person violating any provisions of
this chapter, excluding 7.06.020, 7,06.030, and 7.06.040 or who creates, keeps or maintains a nuisance as
defined in this chapter is guilty of a Civil Infraction. The fine for any infraction shall be forty dollars ($40.0) for
the first violation, seventy-five dollars ($75.00) for the second infraction committed within one year and one
hundred dollars ($100.00) for the third and subsequent infractions committed within one year. Each and
every day or portion thereof in which an infraction is committed shall constitute a separate and distinct
infraction.
7.06.090 Violations --Abatement.
(1) In addition to fines, persons violating this chapter may be ordered by the court to
abate or remove the animal. Furthermore, upon determining the animal is vicious or
dangerous, the court may order the animal destroyed. If the violator does not carry out the
court's order within twenty-four hours, a court authorized officer shall do the same. Any
order to remove, abate, or destroy shall be entered into the record and made part of the
judgment.
(2) Violators shall be liable for all costs of carrying out the court's order when performed
by an officer, such costs to be taxed as part of the prosecution costs. Officers who carry out
the court order shall keep an accounting of the costs. in addition to the powers herein given
to collect such costs, the city may bring suit for costs in a competent court against the
violator.
SECTION 5. That Port Orchard Municipal Code Chapter 7.08 shall read as follows:
7.08.010 Kitsap County Humane Society --Appointed Animal Control Authority.
The Kitsap County Humane Society, a corporation existing under RCW 16.52.020, is appointed as agent of
the Port Orchard Police Department, and shall henceforth be, and is, designated the official animal control
authority for the city.
7.08.020 Animal Control Authority --Duties. The animal control authority, as an agent
of the Port Orchard Police Department, shall enforce Port Orchard ordinances and statutes of the state
relating to the care, treatment, control, impounding, licensing and quarantining of animals. The animal control
authority shall provide impounded animals with proper care, feed and water while so confined, shall collect
and dispose of all dead dogs and dead cats found on the city streets, alleys, sidewalks, and other public
areas, and if the owner is known, a reasonable fee may be collected therefrom for such services. Sick or
injured animals may be impounded when not in the custody, possession, or control of the owner or keeper
and may be humanely destroyed at the discretion of the animal control authority. The owner of such animal
shall be notified of such action if such animal is wearing a license tag, identification tag, micro -chip implant or
tattoo or if the owner is otherwise known, and the owner may be assessed the customary service charge for
such disposal.
7,08.030 Animal Control Authority Employees to be Special Police. Each employee
of the animal control authority over the age of twenty-one years may be made a special police officer and
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charged with the duty of enforcing animal control ordinances of the city and statutes of the state as
prescribed in Section 7.08.020, but without pay from the city treasury. A special police commission shall be
issued to such employees by, and at the discretion of the chief of police of the city, and may be revoked at
will by the chief of police, and when so revoked such appointment shall cease and be null and void.
7.08.040 Interference With Animal Impoundment. It is unlawful for any person to
interfere with, hinder, delay or impede any officer in the enforcement of this chapter, and such violation is
punishable by a fine not exceeding three hundred dollars or by imprisonment in the city jail for a term not
exceeding ninety days, or by both such fine and imprisonment.
7.08.050 Notice of Animal Impounding. Upon any dog or other animal being
impounded under the provisions of this chapter, the animal control authority shall, as soon as feasible, notify
the owner, if the owner is known, of the impounding of such animal, and the terms upon which the animal
may be redeemed. If such animal is not wearing a license tag or other identification, it shall be the
responsibility of the owner or keeper to determine if the animal has been impounded. The Animal Control
Authority shall make every effort to identify and contact the owner.
7.08.060 Redemption of Dog, Cat, or Other Domestic Animal, Excluding Livestock.
The owner of any dog, cat or other domestic animal impounded pursuant to the provisions of this chapter
may redeem such animal within ninety-six hours from the time of impounding by payment of any unpaid
licensing fee, plus an impound fee of twenty dollars, plus a kennel fee of ten dollars ($10.00) per day. If such
dog, cat, or other domestic animal is not redeemed within ninety-six hours from the time of impounding such
animal may at the discretion of the animal control authority be adopted by another person or euthanized.
7.08.070 Redemption of Horses, Cows, Goats or Other Domestic Livestock. The
owner of any horse, cow, goat or other domestic livestock may redeem it within ninety-six hours from the time
of impounding by paying to the animal control authority an impound fee of fifty dollars for the first offense and
fifteen dollars boarding fee for each day or part thereof that an animal is detained, including the day
impounded. The impoundment fee will double with each offense, example 15` offense $50.00, 2nd offense
$100.00, 3rd offense $200.0 etc. An additional fee of seventy-five dollars shall be paid to the animal control
authority for transportation of larger animals requiring the use of special equipment for impounding.
7.08.080 Sale of Unclaimed Horse, Cow, Goat or Other Domestic Livestock. Any
horse, cow, goat or other domestic livestock not claimed and released upon required payment shall at the
expiration of ninety-six hours be sold at public auction upon notice published in the city official newspaper
setting forth a date, not less than ten days from date impounded, time and place and describing the animal
with reasonable certainty and stating the name of owner, if known, and if unknown, so stating. A copy of
such notice shall be served upon the owner, if known to the animal control authority, and can be found in the
city, at least one day before the sale. The animal control authority shall deduct from the proceeds of sale all
expenses of feeding and caring for the animal and all expense of advertising and selling the same, and shall
retain the balance in reserve for six months from date of sale, and if unclaimed at the expiration of such
period it shall revert to the animal control authority for operation of the shelter. No such money shall be paid
any claimant except upon proof satisfactory to the animal control authority that they are entitled to the same.
7.08.090 Disposal of Wild Domestic Dogs or Cats Caught in Traps. if it can be
established to the satisfaction of the Animal Control Authority through information received that the domestic
dog or cat has been living in the wild with no evidence of an owner, then it may be deemed wild or feral and
euthanized immediately by the Animal Control Authority.
7.08.100 Disposition Sick or Injured Animals. Sick or injured animals may be
euthanized prior to the expiration of any redemption period if such is in furtherance of the public health or
necessary to prevent unnecessary suffering. When reasonably possible the owner or keeper shall be notified
prior to any such disposition.
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SECTION 6. That Port Orchard Municipal Code Chapter 7.12 shall read as follows:
7.12.010 Dog Licenses Required. It is unlawful for any person, firm or corporation to
own, keep or have custody or control of any dog over the age of six months in the city unless said person,
firm or corporation procures a license therefore as hereinafter provided. Dogs becoming six months of age
during the year shall be licensed as herein provided. Where a dog may be kept, or how it may be kept, shall
not affect the licensing requirements.
7.12.015 Cat Licenses Required It is unlawful for any person, firm or corporation to
own, keep or have custody or control of any cat over the age of six months in the city unless said person, firm
or corporation procures a license therefore as hereinafter provided. Cats becoming six months of age during
the year shall be licensed as herein provided. Where a cat may be kept, or how it may be kept, shall not
affect the licensing requirements.
7.12.020 Animal License Fee.
(1) There shall be no fee for licensing of neutered male or spayed female dogs or cats.
A certificate or other signed statement of a licensed veterinarian shall be required to
establish that a female dog or cat has been spayed or a male dog or cat has been neutered.
(2) The license fee for each non -neutered male dog or cat and for each non -spayed
female dog or cat shall be a one-time seventy-five dollar charge.
(3) Canines that are trained and serving as a seeing eye, guide, or service dogs, or
actively working police dogs, shall be licensed at no fee.
7.12.030 Animal License Due Date.
(1) Al dog and cat licenses issued under this chapter shall be due and payable upon
the dog or cat becoming six months of age and shall be valid for the lifetime of the dog or
cat.
(2) If the owner or keeper, firm, or corporation fails to obtain a dog or cat license as
required in section 7.12.010 or 7.12.015, in addition to the regular fee as stated above, shall
pay a penalty fee of twenty-five dollars for each dog license; provided, the owner or keeper,
firm or corporation shall not pay the penalty fee if:
(a) The ownerikeeper has been a resident of the city thirty days or less; and
(b) The owner/keeper has owned, kept, been in control of, or had custody of
the dog or cat for thirty days or less; and
(c) The dog or cat at the time of application for license, is seven months of age
or less; this allows 30 days after due date.
7.12.040 Issuance of Animal Licenses. It shall be the duty of the city clerk, his or her
appointee or his or her authorized agent to issue licenses to persons applying therefore; upon payment of the
license fee, if required, as herein provided, and a tag for each dog or cat licensed. The license shall be dated
and numbered and shall bear the name of Port Orchard, Washington, the name and address of the owner or
keeper of the dog or cat licensed, the name of the dog or cat and a description of the dog or cat, including its
age and sex. The tag shall bear the name of Port Orchard, Washington, a serial number corresponding with
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Ordinance No. 1750
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the name on the license. It shall be a violation of this ordinance for any owner or keeper of a dog to not have
a substantial collar on the dog and attached firmly thereto the license tag.
7.12.050 Animal Licenses Nontransferable. Dog or cat licenses as provided herein
shall not be transferable from one dog or cat to another.
7.12.060 Lost Animal Tags. Lost tags may be replaced by a substitute identification tag
upon payment of two dollars to the city clerk, or authorized agent.
7.12.070 Unlicensed Dogs or Cats Impounded. All dogs and cats not licensed
hereunder, are nuisances and may be seized and impounded; provided, that the provisions of this section
shall not apply to dogs brought into the city for the purpose of participating in a dog show, nor to "seeing -eye"
dogs properly trained to assist blind persons, when such dogs are actually being used by blind persons for
the purpose of aiding them in going from place to place.
7.12.080 Proof of Licensed Dag. Proof of licensing and compliance of Section
7.12.010 shall be the responsibility of the owner of the dog or cat. Any dog or cat that does not have a
proper current license will be presumed to be unlicensed.
7,12.090 Animal Ownership Restrictions. The number of dogs or cats at a single-
family dwelling unit shall be restricted to a total of three dogs and/or cats, except this restriction shall not
apply to owners or operators of a duly licensed hobby kennel. A request for variance from ownership
restrictions, as stated in this section, may be submitted to the city council. A variance request must be based
upon the existence of a situation by which the restriction would create an undue hardship.
SECTION 7. Port Orchard Municipal Code Chapter 7.16 shall read as follows:
7.16.010 Pet Shop and/or Animal Shelter/Boarding Kennel. License Required. A
pet shop, animal shelter, and/or boarding kennel shall be licensed annually before or during the month of
July or within 30 days prior to commencement of operation.
7.16.020 License Expiration. Licenses issued pursuant to this section shall expire on
June 30th of each year.
7.16.030 License Fees. License fees shall be as follows,
(1) Pet Shop $100.00 plus a $25.00 inspection fee for new applications,
(2) Animal Shelter $100.00 plus a $25.00 inspection fee for new applications,
(3) Boarding Kennel $100.00 plus a $25.00 inspection fee for new applications.
7.16.040 Additional License Fee. If a license is not obtained by July 31 st, there shall
be an additional license fee of $25.00.
7.16.050 Proration of License Fee. Upon commencement of operation, the initial
license fee for a pet shop, animal shelter, and or boarding kennel shall be prorated according to the
number of months remaining in the license year.
7.16.060 License Application. A license application for a pet shop, animal shelter,
and/or boarding kennel shall be made to the animal control authority and shall contain the following:
(1) Name, address, and telephone number of the owner or operator of the facility,
and the name and address of the facility;
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(2) The type of license sought and a brief description of the magnitude and nature of
the contemplated operation;
(3) A written statement from (a) the city's planning department that the proposed
operation conforms to the city's uniform building code and all other land use regulations;
(b) the city financial department confirming the proposed operation conforms to the city's
business license code; and (c) the Kitsap County Health District.
7.16.070 License Issuance. The animal control authority shall issue the license or
renewal thereof if the license fee is paid, if the application meets the requirements of subsection 7,16.060
of this chapter, and if, upon inspection, the operation or contemplated operation meets or will meet the
requirements of subsections 7.16.010, 7.16.080 and 7.16.090 of this chapter. The license shall contain its
expiration date and shall be prominently displayed at the place of operation.
7.16.080 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.
(3) The facilities shall be maintained and operated in a healthful, sanitary manner
free from disease, infestation and foul odors.
(4) Sick animals shall be isolated from healthy animals in quarters adequately
ventilated to prevent contamination of healthy animals.
(5) Animals shall receive adequate food, water, and care on days when the facility is
not open for business.
(6) 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: the owner/manager of the pet shop, 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 kennel 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.
7.16.090 Facility Requirements.
(1) Animal housing facilities shall be structurally sound, in good repair, designed to
protect the animals from injury and shall provide sufficient security to contain the animals
while preventing entry of unwanted animals.
(2) The facilities shall include a washroom with sinks for hot and cold running water.
(3) Indoor facilities shall:
(a) Be heated or cooled to protect the animals from temperatures to which
they are not acclimated; and
(b) Be adequately ventilated; and
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Ordinance No. 1750
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(c) Have interior walls, ceilings and floors, which are sealed and are resistant
to absorption of moisture or odors; and
(d) Have flooring with an impervious surface that can be sanitized and which
slopes no less than one-fourth (1/4) inch to the foot; and
(e) Have a drainage system, which is connected to a septic system or
sanitary sewer to facilitate cleaning; and
(f) Provide housing properly designed for each species to allow for adequate
movement and ability to and stretch.
(4) Outdoor facilities shall:
(a) Provide shelter and protection from adverse weather; and
(b) Provide sufficient room for adequate exercise and movement; and
(c) Have flooring with an impervious surface that can be sanitized; and
(d) Have a drainage system, which is connected to a septic system or
sanitary sewer to facilitate cleaning.
(5) Provide housing properly designed for each species.
7.16.100 inspections. The animal control authority shall inspect existing or proposed
pet shops and/or animal shelters in connection with its licensing investigation and when inspections are
necessary to insure compliance with this chapter. Inspections shall be made during regular business
hours. Copies of United States Department of Agriculture documents relating to "Exotic Animals" shall be
made available to animal control authorities on request.
7.16.110 Revocation. The animal control authority may revoke a license issued
pursuant to this chapter if the licensed pet shop, boarding kennel, and/or animal shelter is operating in
violation of subsections 7.16.010, 7.16.080, or 7.16.090 of this chapter.
SECTION 8. Port Orchard Municipal Code Chapter 7.20 shall read as follows:
7.20.010 Hobby Kennel License Required. Hobby kennels shall be licensed
annually before or on the first day of July or 30 days prior to commencement of operation. Licenses shall
expire on June 30 of each year thereafter.
7.20.020 Limitations Upon Number of Dogs/Cats. No hobby kennel shall have
more than ten dogs or cats.
7.20.030 Hobby Kennel Application Process/Procedure. Approval of a Hobby
Kennel shall be a two-phase process.
(1) Application for approval of hobby kennel site shall be submitted to the City of Port
Orchard, in accordance with 7.20.060. The city council shall hold a public hearing prior
to commencement of construction, operation of a hobby kennel on any parcel of property
within the incorporated city limits.
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(2) Upon approval of the hobby kennel site location the applicant may submit an
application to the animal control authority. The animal control authority shall issue the
license or renewal thereof if the license fee is paid, if the application meets the
requirements of subsection 7.20.070 of this chapter, and if, upon inspection, the existing
or proposed hobby kennel is compatible with the uses of property in the surrounding area,
would not create a burdensome annoyance to those in the vicinity, and would not cause a
significant risk to health. In applying the foregoing standards, the animal control authority
shall consider the layout and construction of the hobby kennel, setbacks, fencing,
screening, soundproofing and appropriate sanitation procedures to prevent disease,
infestation and foul odors. A license may be issued subject to conditions in the nature of
physical alterations and improvements if the conditions would bring the hobby kennel
within the foregoing standards. As a part of a hobby kennel license, the licensee shall
receive a license tag for each dog or cat owned by the licensee. Such license tags shall
be issued in accordance with 7.12, including payment of applicable licensing fees.
7.20.040 Hobby Kennel Fees.
(1) Application for approval of Hobby Kennel site location shall be $250.00.
(2) The annual license fee for a hobby kennel shall be $200.00 plus a $25.00 inspection
fee for new applications.
(3) Late Fee: There shall be an additional fee of $25.00 if the license is not obtained by
July 1 of each year or prior to commencement of operation.
7.20.050 Prorate of License Fee. Upon commencement of operation, the initial
license fee for a hobby kennel shall be prorated according to the number of months 'remaining in the
license year.
7.20.060 Public Hearing Required.
(1) Prior to application for a hobby kennel license, the property owner must submit an
application for approval of hobby kennel site location. This application shall be submitted
to the city clerk and shall include the following information:
(a) Applicant's name and mailing address; and
(b) Property owner's name and mailing address (if different than applicant); and
(c) Location address and tax parcel number; and
(d) Property owner list. This shall be a list containing the name, address, and tax
parcel number of property owners within 300' radius of subject property.
Two sets of mailing labels with name, address, and tax parcel number of
each property owner shown on the property owner list; and
(e) Nature of hobby activity; and
(f) Number of dogs and/or cats and their breed; and
(g) Site plan depicting the placement, set backs, and layout of the hobby kennel
facility; and
Ordinance No. 1750
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(h) Information an fencing, screening, soundproofing proposed hobby kennel
facility, and appropriate sanitation procedures to prevent disease, infestation,
and foul odors.
(2) Upon receipt of a completed application the city clerk shall set a date for public
hearing before the city council. Notice of such public hearing shall be given to all property
owners with 300' radius of the subject property not less than 10 days or more than 30
days prior to the date of hearing.
(3) At the public hearing the council shall consider the facts of the proposal and facts
pertaining to the subject property or to properties adjacent to or in the vicinity thereof.
The council shall evaluate the proposal for the purpose of determining if it is in
furtherance to the health, safety, peace, and general welfare of the community.
(4) The council, within thirty (30) days after the conclusion of the public hearing shall take
action on the application. The action shall be one of the following.
(a) Approve hobby kennel site location. Upon approval of the hobby kennel site
location the applicant may submit an application for hobby kennel license to
the animal control authority. The council may include conditions of approval,
which shall be met prior to issuance of a hobby kennel license by the animal
control authority.
(b) Disapprove hobby kennel site location.
(5) Appeal process. The decision of the city council shall be final and conclusive unless
within thirty (30) days from the date of said action the original applicant or an aggrieved
party files an appeal to the Superior Court for a Writ of Certioriari, a Writ of Prohibition or a
Writ of Mandamus. The filing of such appeal within such time shall stay the effective date
of the order of the city council until such time as the appeal shall have been adjudicated
or withdrawn.
7.20.070 License Application. An application for a hobby kennel license shall be
made to the animal control authority and shall contain at a minimum the following. Such information shall
be of a specific nature to allow determination of the following:
(1) The name, address, and telephone number of the applicant; and
(2) A diagram in approximate scale showing the property and structures for which the
license is sought; and
(3) A diagram of the kennel facility; and
(4) A description of the uses to which the properties surrounding the proposed hobby
kennel are devoted; and
(5) The number and breeds of dogs and/or cats for which the license is sought; and
(6) Letter from City of Port Orchard confirming approval of site location; and
(7) Any other pertinent information as prescribed by the animal control authority.
Ordinance No. 1750
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(7) Any other pertinent information as prescribed by the animal control authority.
7.20.080 Inspections. Prior to the issuance of a hobby kennel license or any renewal
thereof, the animal control authority shall inspect the applicant's premises at a mutually convenient time.
The purpose of the inspection shall be to determine if the hobby kennel does or can maintain the
standards set forth in subsection 7.20.030 (2) of this chapter and/or specific requirements set by the city
council or animal control authority during the public hearing or license application process.
7.20.090 Revocation.
(1) The animal control authority may revoke a hobby kennel license if the hobby kennel is
operating in violation of Chapter 7.20, 7.12.010, or 7.04.050.
(2) The city may revoke approval of the site location if the applicant/property owner is out
of compliance or fails to meet or maintain conditions as set by the city council.
SECTION 9. Port Orchard Municipal Code Chapter 7.22 shall read as follows:
7.22.010 Commercial Kennel. No commercial kennels are allowed within the
corporate limits of the City of Port Orchard
SECTION 10. Port Orchard Municipal Code Chapter 7.26 shall read as follows:
7.26.010 Grooming Parlors License Required. Grooming parlors shall be licensed
annually before or during the month of July or within 30 days prior to commencement of operation.
7.26.020 License Expiration. Grooming parlor licenses shall expire on June 30th of
each year.
7.26.030 License Fee. The annual license fee for a grooming parlor shall $100.00
plus a $25.00 inspection fee for new applications. There shall be an additional fee of $25.00 if the license
is not obtained by July 31 st; provided, that if the grooming parlor is operated in conjunction with a pet shop
by the owner or operator thereof, the license fee shall not be collected.
7.26.040 Proration of License Fee. Upon commencement of operation the initial
license fee for a grooming parlor shall be prorated according to the number of months remaining in the
license year.
7.26.050 License Application. An application for a grooming parlor license shall be
made to the animal control authority and shall contain the following:
(1) The name, address and telephone number of the owner or operator of the facility, and
the name and address of the facility; and
(2) A brief description of the size and nature of the contemplated operation; and
(3) A written statement from (a) the city's planning department that the proposed
operation conforms to the city's uniform building code and all other land use regulations;
(b) the city financial department confirming the proposed operation conforms to the city's
business license code; and (c) the Kitsap County Health District. (Clerk's Note: Statement
from the Health District is only required if the property is served by septic tank, not on a
)sewer system
Ordinance No. 1750
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requirements of subsection 7.26.070 of this chapter. The license shall contain its date of expiration. The
license shall be prominently displayed at the place of operation.
7.26.070 Operation and Facility Requirements. Grooming parlors shall:
(1) Not board animals; and
(2) Provide restraining straps for animals to prevent injury to animals while being
groomed; and
(3) Sterilize grooming equipment after each use; and
(4) Not leave animals unmonitored while drying before a dryer; and
(5) Not prescribe or administer treatment or medicine or otherwise engage in veterinary
practice as defined by RCVV 18.92.010; and
(6) Not cage animals in the same cage unless so requested by the owner of the animals;
and
(7) Be structurally sound and in good repair; and
(8) Have grooming areas with walls, ceilings, and floors, which are sealed and are
resistant to absorption of moisture and odors; and
(9) Be cleaned and sanitized on a regular basis.
7.26.080 Inspections. The animal control authority shall inspect existing or proposed
grooming parlors in connection with its licensing investigation and when inspections are necessary to
insure compliance with this chapter. Inspections shall be made during regular business hours.
7.26.090 Revocation. The animal control authority may revoke grooming parlor licenses
if the grooming parlor is operating in violation of subsection 7.26.070 of this chapter.
SECTION 11. That Port Orchard Municipal Code Chapter 7.30 shall read as follows:
7.30.010 Date of Violation. The date of violation of any chapter or subsection thereof of
this title shall be the date on which it became known to the Port Orchard Police Department or to the animal
control authority that such person, keeper, firm or corporation has an unlicensed dog, hobby kennel, pet
shop, animal grooming parlor, boarding kennel, and/or animal shelter.
7.30.020 Violation - Penalty. Any person who refuses or fails to comply with, or violates
any chapter of this title, unless otherwise identified, is guilty of a Civil Infraction, with a penalty of three
hundred dollars. Each and every day or portion thereof, in which an infraction is committed, shall constitute a
separate and distinct infraction.
SECTION 12. Severability. Should any part of this ordinance be adjudged invalid for any
reason, such adjudication shall not affect the validity of this ordinance as a whole or any part thereof.
Ordinance No. 1 750
Page 22 of 22
PASSED by the City Council of the City of Port Orchard, APPROVED and SIGNED by the
Mayor and attested by the Clerk in authentication of such passa is 8th day of March 1999.
LESLIE J. WEATHERILL, MAYOR
ATTEST:
Patricia Parks, City Clerk
APPROVED AS TO FORM: SPONSORED BY.
X1111orney(-,-/Councilman Stansbery