2003, 02-20 Study SessionNOTE: . f T COUNCIL STUDY SESSIONS, THERE WILL BE NO PUBLIC COMMENTS, EXCEPT
COUNCIL RESERVES THE RIGHT TO REOUEST INFORMATION FROM 1 HE PUBLIC AND ST 4 FF AS
APPROPRIATE.
SUBJECT
Administration
Administration
Planning
Manning
Planning
DISCUSSION LEADER ACTIVITY
Lee Walton
Lcc Walton
.Jim Harris
.Jim Harris
.Jim Ilarri`
CITY OF SPOKANE VALLEY
CITY COUNCIL WORKSHEET — STUDY SESSION
CITY HALL AT REDWOOD PLAZA
11707 East Sprague Avenue, First Floor
Spokane Valley, Washington
Thursday, February 20, 2003, 6:00 p.m.
Presentation by Animal Control Transition
Committee (10 minutes)
Presentation by Spokane County re: Animal
Services (15 minutes)
Presentation by Planning, Zoning & Building
Transition Committer (10 minute_)
• Review Planning and Zoning program
(45 minutes)
.) Review Shorelines ordinance (10 minutes)
DISCUSSION GOAL
Information
Information
Information
Consensus
Consensus
Planning Jim Harris Review Subdivision ordinance (10 minutes) Consensus
Public Works Dick Warren f" Review public works interiors! agreements Consensus
With Spokane County (30 minutes)
Building Bob Fly - Review Building Code ordinances and Consensus
Resolutions (15 minutes)
Other -- Any additional item for review --
NOTE: STUDY SESSION AND COUNCIL WORKSHOPS arc meant to provide background information on pending issues.
Items that require Council action will be placed on a REGULAR MEETING agenda at which time public comment is
welcome and encouraged.
DATE: February 19, 2003
TO: Lee - Walton
Spokane County
FROM: Dick Warren
CC: Stanley Schwartz
Bob Noack
RE:
Status of Public Works Agreements
As has been discussed, we are proceeding with the development of agreements with
WSDOT, Spokane County and others for services for the period 2003 -2004. In most
cases we reserve the right to contract with the private sector for certain services in
addition to those provided by the various service agreements below.
1 have listed the public sector agreements we have in progress in the probable order in
which they will come to the Council for action.
DESIGN STANDARDS — The Council has acted to adopt the County standards. We
will be developing some adjustments that will be adopted later as we begin working with
the development community.
SOLID WASTE — The interim committee made its report on February 18. A Council
review is scheduled for March 18 and adoption of an ordinance authorizing joining the
regional solid waste program in tentatively scheduled for March 25. There is no change
in the monetary implications for the City or the public by this action. Stan Schwartz is to
draft a notice to the UTC starting the seven year franchise notice to Waste Management.
ROADS -STATE HIGHWAYS — We are required to maintain the state highways (27 &
290) beginning April 1. WSDOT has submitted a draft agreement and budget which we
have asked them to clarify, nothing major. We expect this to come to Council prior to
March 31.
ROADS - ENGINEERING SERVICES & CAPITAL PROJECTS — We have drafted
an agreement to have the County Engineer provide the services to construct the 2003 road
capital program and perform some support for the 2004 program. Beyond 2004 the City
will probably want to bring this work in -house and consider using private consultants
where appropriate.
ROADS - MAINTENANCE — We have a draft agreement with the County to continue
the operation and maintenance of our roads and traffic signals. About half of their
normal budget we will control as discretionary work meaning we will order the work on
work orders to control what is done and the cost. We will budget separately for some
work to be done by local contractors which should save some cost. The County
agreement is for the balance of 2003 (after May - 10) and for 2004. The Actual 2004
budget will be renegotiated late in 2003 as we get experience with how our relationship is
working. So far the County staff has been very cooperative. Mac is leading our
coordination on this agreement.
S'I'ORMWATER SERVICES — The City has moved to collect the stormwater utility
service charges for the last 9 months of 2003. We intend to have the County road
agreement cover stormwater maintenance and do our own development coordination.
We will contract with the County stormwater group for some record keeping and
inventory services as they have a good program. This is not a large effort.
STEP SEWER PROGRAM — We have presented an agreement to County Utilities that
would make them our long term sewer providers and have them complete sewering the
City by the 2010 scheduled completion. The agreement calls for full road reconstruction
in severed areas, a continued 25% subsidy of sewer costs and use of the sewer reserve
fund in place of the City providing the subsidy. The County staff is resisting this
approach so we will probably have to make our case directly to the Commissioners. The
statTassures us the 2003 sewer program is on track and will proceed on schedule.
Sometime, probably after April 1, we will have to settle the long term funding of the
STEP program. I suspect an agreement will hinge on the outcome of the wastewater
treatment issue. The agreement we have offered will save the City $3,000,000 per year in
subsidies and road restoration. The County has large reserves in the sewer fund so
following this approach is good for there as well.
WASTEWATER TREATMENT — The City of Spokane has approached us with an
alternative to the County treatment plan. To try and resolve what is in our best interest
we are starting a series of meetings with Spokane, the County and Liberty Lake Sewer
District to see if a more regional approach to treatment is possible. We expect to be able
to reach a conclusion before April 1, however, it could take longer. The Council and
Commissioners will probably have to be involved in the final agreement process. We are
doing this review in the hope that the city residents could save $10 -20 million by a more
regional approach. The City of Spokane is willing to agree that the 10 MGD treatment
allocation to the County can be raised until new capacity is on line.
END
C: Status of I'ub Works Agreement
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON,
ADOPTING THE UNIFORM BUILDING CODE AS THE BUILDING AND
CONSTRUCTION STANDARDS FOR THE CITY. .
WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; and
WHEREAS, to promote the health, safety and welfare of the occupants or users of
buildings and structures within the State of Washington, the City is required to adopt uniform
codes that establish minimum performance standards for construction that contain recognized
standards of engineering;
WHEREAS; the State of Washington through RCW 19.27.031 has declared that there
shall be in effect in all counties and cities the Uniform Building Code and Uniform Building
Code Standards published by the International Conference of Building Officials provided that the
City is authorized to amend the code, as it applies within the jurisdiction of the City, so long as
minimum performance standards relating to fie and life safety are not reduced; and
WrHEREAS, the City desires to adopt the Uniform Building Code as amended by this
Ordinance.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do
ordain as follows:
Section I. Authority to Adopt Uniform :Building Code. Pursuant to RCW
35A.11.020, 35A.12.140 and .RCW 19.27.031 the City adopts the 1997 edition of the Uniform
Building Code as published by the International Conference of Building Officials and available
from the International Conference of Building Officials at 5360 Workman Mill Road, Whittier,
California 90601 as modified and amended both by the Washington State Building Council
through WAC Chapter 51 -40 and this ordinance.
Section 2, Uniform Building Code - Section 109.1 amended - Use and Occupancy.
Section 109.1 of the Uniform Building Code is amended as follows:
109.1 Use and Occupancy. No building or structure shall be used or occupied, and no
change in the existing occupancy classification of a building or structure or portion
thereof shall be made until the Building Official has issued a certificate of occupancy as
provided herein.
Exception: Group U Occupancies
Section 3. Uniform. Building Code - Section 11.0 added - Hours of Construction and
Construction Noise. Section 1.10 of the Uniform Building Code is amended as follows:
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110 Hours of Construction and Construction noise.
110. - 1 Noise prohibited.
a. It is unlawful for any person to make, continue, cause to be made or allow
to originate from real property in the possession of said person, any sound of
construction which creates a unreasonable noise disturbance.
b. For the purpose of this section, the following sounds are declared to be
noise disturbances:
(1) Sounds created which originates frequently, repetitively, or
continuously from any building, structure, or property which annoy or
disturbs the peace, comfort or repose of a reasonable person of normal
sensitivity.
(2) This section shall not apply to special construction projects which
have been issued a permit which specifically allows an exception to noise
level and hours.
110.2 Hours of Constnlction. Except as otherwise provided in this ordinance, the
activities and construction noise regulated by this ordinance shall he limited to the
following hours:
(1) Monday through Fridays
(2) Saturdays, Sundays and FHolidays
7 a.m. to 8 p.m.
9 a.m. to 6 p.m.
Section 4. Uniform Building Code - Section 310.2.2 amended - Construction Height
and Allowable areas. Section 310.2.2 of the Uniform Building Code is amended as follows:
310.2.2 Special Provisions. Notwithstanding other provisions of this code, Group R
Division 1 occupanc.ics shall not be less than one hour fire resistance construction
throughout. Exterior balconies extending beyond the floor area as defined by Section 203
shall be constructed of non - combustible materials or as combustible one -hour fire
resistant occupancy separation between units.
Storage or laundry rooms that are within Group R Division 1 occupancies that are used
in comrnon by tenants shall be separated from the rest of the building by not less than
one -hour fire resistant occupancy separation.
For Group R Division 1 occupancies with a Group S Division 4 parking garage in
the basement or first floor, see Section 311.2.2.2.
For attic space partitions and draft stops, see Section 708.3.
Exterior and interior doors and windows opening onto a comrnon corridor, stairway, or
similar area serving 5 or more dwelling units shall be protected as specified in Section
1005.
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•
Section 5. Section 904.2.2 All occupancies except Grou R Division 3, and Group U
Occupancies. Section 904.2.2 of the Uniform Building Code is amended as follows:
904.2.2 All occupancies except Group U occupancies. Except for Group U occupancies,
an automatic sprinkler system shall be installed:
5. Throughout all buildings of three stories or more in height except Group R,
Division 3. For the purpose of this section a floor shall be any level of a building that is
occupied for any reason.
6. Throughout all buildings where the total floor area, including basements, exceeds
8,000 square feet. For the purposes of this section, portions of buildings separated by one
or more area separation walls will not be considered a separate building. Existing
buildings shall comply with this section when an addition is made to the building and the
total floor area, including the basements, or the existing building and the addition
combined exceeds 8,000 square feet. If an R Division 3 occupancy addition contributes
to the building exceeding 8,000 square feet, then only the addition will he required to
have a sprinkler system.
7. Throughout every condominium, apartment house, hotel or motel three stories in
height or containing 10 or more dwelling units or guest rooms and every congregate
residence two or more stories in height which has an occupant load of 10 or more. For the
purpose of this section any floor that is occupied for any reason is considered a story and
portions of buildings separated by one or more separation walls will not be considered a
separate building. Residential or quick response standard sprinklers shall be used in the
dwelling and guest portions of the building.
8. [Deleted]
Section 6. Uniform Building Code - Appendix Section 3312.1 — Cuts. Section 3312.1
in the Appendix of the Uniform Building Code is amended as follows:
3312.1 General. Unless otherwise recommended in the approved soils engineering or
engineering geology report, cuts shall conform to the provision of this section.
If walls or rockeries are needed for retaining cuts or fills or supporting buildings, they
will be constructed under Washington State Department of Transportation standards.
Keystone (concrete block) over four (4) feet to be engineered. Rockeries (rock and
gravity block wall) will be required to meet Washington State Department of
Transportation standards for six (6) feet and over. All rockeries and walls shall have a
drain system as required for foundations.
In the absence of an approved soils engineering report, the provisions may be waived for
minor cuts if in the opinion of the Building Official there would not be an erosion
problem.
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Section 7. Uniform Building Code. - Amend Appendix section 421.1,' Outdoor
Swimming Pool. Section 421.1, Item 1 of the Uniform Building Code, Appendix Section 421.1
is amended as follows:
1.. The top of the barrier shall be at least 60 inches above grade measures on the side of
the barrier that faces away from the swimming pool. The maximum vertical clearance
between grade and bottom of the barrier shall be 2 inches (51 mm) measured on the side
of the ban that faces away from the swimming pool. The maximum vertical clearance
at the bottom of the barrier may be increased to 4 inches (102 mm) when grade is a solid
surface such as a concrete deck, or when the barrier is mounted on the top of the
aboveground pool structure. When barriers have horizontal members spaced less that
45 inches (1143 mm) apart, the horizontal members shall be placed on the pool side of
the barrier. Any decorative design such as protrusions, indentations or cutouts, which
render the barrier easily climbable, is prohibited.
EXCEPTION: R Division 3 occupancy pools may be 48 inches.
Section 8. Uniform Building Code — Amend Appendix Chapter 34 Life Safety
Requirements. Chapter 34 is amended by the addition of Sections 3413, 3414 and 3415 on Drug
Properties and Structures as follows:
Section 3413 — Drug Properties and Structures.
1. It is hereby declared that any building, structure and/or associated property
wherein or upon which the manufacture, distribution, production or storage of illegal drugs or the
precursors to create illegal drugs has taken place in a manner which could endanger the public,
such building, structure and/or associated property is not only a dangerous property as defined by
Section 102 of the Uniform Building Code of the City of Spokane Valley but is also a
classification of property calling for the special procedures set forth in this section. The Building
Official is authorized to abate such dangerous buildings, structures, and/or associated properties
in accordance with the dangerous building procedures set forth in such code and Washington
law, with the following modifications:
a. Due to public safety hazard in drug production facilities, the utilities shall be
disconnected;
b. Building(s) and structures will be inspected to determine compliance with all city
ordinances and codes;
c. Building(s) and any entry gates to the property will be secured against entry in
the manner set forth in the Dangerous Buildings Code;
d. No reconnection of utilities or reoccupancy of the building(s), structures or
property shall be allowed until all violations have been remedied, and all dangerous conditions
abated to the satisfaction of the Building Official and a notice of release for reoccupancy has
been received from the health department and sheriffs office; and
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e. lf, in the opinion of the Building Official the dangerous conditions cannot be
remedied no occupancy or use shall be allowed during the pending of City process and appeal.
Section 3414 — Notice, order of the Buildina. Official and appeal.
1. Upon making a determination of a dangerous building as set forth in
Section 3413, the Building Official shall cause to be served and posted a complaint with respect
to the building or structure that it is unfit for human habitation. The complaint shall be in
substantial compliance with RCW 35.80.030(c) as amended. Following the service or posting of
a complaint, a hearing shall be held not less than ten (10) clays nor more than thirty (30) after the
complaint for the purpose of receiving testimony and evidence on the matters alleged. The
Building Official may determine that the building or structure is unfit for human habitation or
other use if a finding is made that conditions exist which are dangerous or injurious to the health
or safety of the occupants, the premises, the occupancy of neighbors or other residents of the
municipality. The conditions relating to a determination that the building or structure is unfit for
occupancy shall be prescribed by the uniform codes of the City, adopted ordinances, County
Health Department Standards and other rules and regulations which are applicable to the subject
property. The Building Official shall also determine whether the building -shall be repaired or
demolished based upon the above standards.
2. If the Building Official determines that the building or structure is unfit for
human habitation or other use, a finding shall he made and delivered personally to the owner or
party in interest or posted in a conspicuous place from the property. The finding shall contain an
order that requires owner or party in interest, within the time specified, to repair, alter, improve,
remove or demolish such building or structure. Following delivery of the building Official's
Order, the owner or any party in interest shall within 30 days from the date of service and
posting of the order file an appeal with the City Hearing Examiner. All matters appealed to the
Hearing Examiner shall be resolved within sixty (60) days from the date of filing of the appeal.
A transcript of the proceedings before the Hearing Examiner shall be maintained. Any person
affected by the Hearing Examiner Order, may, within thirty (30) days after posting and service of
the Order, petition to the Superior Court for an injunction restraining the Building Official from
carrying out the provisions of the Order. The Superior Court is authorized to affirm, reverse or
modify the Order including a trial de novo. For the purpose of administering this section, the
Building Official and the Hearing Examiner is authorized to exercise that power and authority as
set forth in RCW 35.80(3).
costs.
Section 3415 — City performance or work of demolition or repair, and recover oy f the
1. If the owner or party in interest following exhaustion of the rights to appeal, fails
to comply with the final order to repair, improve, vacate, close, remove, or demolish the
dwelling, building, structure, or premises, the .Building Official may direct or cause such
dwelling, stricture, building, or premises to be repaired, altered, improved, vacated and closed,
removed, or demolished.
2. The amount of the cost of such repairs, alterations, or improvement; or vacating
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and closing or removal or demolition by the Building Official, shall be assessed against the real
property upon which such cost was incurred unless such amount was previously paid. Upon
certification by the City of the assessment amount being due and owing, the County treasurer
shall enter the amount of such assessment upon the tax rolls against the Property for the current
year and the same shall become a part of the general taxes for that year to be collected at the
same time and with interest at such rates and in such manner as provided for in Revised Code of
Washington 84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to
be deposited to the credit of the general fund of the city. If the building, dwelling, structure, or
premises is removed or demolished by the Building Official, the Building Official shall, if
possible, sell the materials of such dwelling, building, structure, (or) premises, and shall credit
the proceeds of such sale against the cost of the removable or demolition and if there be any
balance remaining, it shall be paid to the parties entitled thereto, as determined by the Building
Official, after deducting the costs thereto.
3. The assessment shall constitute a lien against the property which shall be of equal
rank with State, County and Municipal taxes.
Section 9. Uniform Code - Copies on File. The City Clerk is to maintain one copy of
the Uniform Building Code, as amended.
Section 1.0. Liability. The intent of the City of Spokane Valley is that the
responsibility for compliance with the provisions of this ordinance shall rest with the permit
applicant and their agents. This ordinance is adopted to protect the health, safety and welfare of
the general public and is not intended to protect any particular class of individuals or
organizations.
Section 11. Severability. If any section, sentence, clause or phrase of this ordinance
shall be held to be invalid or unconstitutional 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 12. Effective Date. This Ordinance shall be in full force and effect on the
official date of incorporation provided publication of this Ordinance or a summary thereof occurs
in the official newspaper of the City as provided by law.
ATTEST:
PASSED by the City Council this day of February, 2003.
Interim City Clerk, Ruth Muller
Mayor, Michael DeVlemi.ng
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1
Approved As To Form:
Interim City Attorney, Stanley M. Schwartz
Date of Publication:
Effective Date:
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CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.
WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; and
AN ORDINANCE OF T1IE CITY OF SPOKANE VALLEY, WASHINGTON,
ADOPTING THE UNIFORM FIRE CODE AS THE FIRE REGULATIONS OF THE
CITY.
WHEREAS, to promote the health, safety and welfare of the occupants or users of
buildings and structures within the State of Washington, the City is required to adopt uniform
codes that establish minimum performance standards for construction that contain recognized
standards of engineering;
WHEREAS, the State of Washington through RCW 19.27.031 has declared that there
shall be in effect in all counties and cities the Uniform Fire Code and Uniform Fire Code
Standards published by the International Fire Code Institute provided that the City is authorized
to. amend the code, as it applies within the jurisdiction of the City, so long as minimum
performance standards relating to fire and life safety are not reduced; and
WHEREAS, the City desires to adopt the Uniform Fire Code as amended by this
ordinance.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do
ordain as follows:
Section 1. Authority to Adopt Uniform Fire Code. Pursuant to RCW 35A.11.020,
35A.12.140 and RCW 19.27.031, the City adopts the 1997 Edition of the Uniform Fire Code,
including Appendix 11 -F, Protected Above Ground Tanks for Motor Vehicle Fuel Dispensing
Stations Outside Buildings, and Appendix Il -J Storage of Flammable and Combustible Liquids
in Tanks Located Within Below -Grade Vaults, published by the International Fire Code Institute
and the Uniform Fire Code Standards and Appendix 1 -A, I -C, H -A, 11-B, II -C, H-E, 11-G, 11-14,
III. -A, Ill -B, TT.I -D, fV -B, V -A, VI -A, VI -13, VI -E, and ViT.-13 as published by the Western Fire
Chiefs Association as further adopted, modified. and amended through WAC Chapters 51 and
51 - 45 and this ordinance.
Section 2. Uniform Fire Code - Section 1053 amended - Application for Permit.
Section 105.3 of the Uniform Fire Code is amended as follows:
1.05.3 Application for Permit. Applications for permits shall be made to the City of
Spokane Valley in such form and detail as required by the Building Department.
Applications for permits shall be accompanied by such plans as required by the Bureau of
Fire Prevention. All applications for fire department permits received by the City shall be
forwarded to the Bureau of Fire Prevention for consideration of approval.
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105.3.1 Permit Fees. Fees for Fire Code Permits, plan check, or any other fire service
shall be established through City Council Resolution.
105.3.2 Fire Code Permit Term. Fire Code Permits are either temporary, pertaining to an
activity or process that will last a specific period of time, usually less than 30 days, or
annual. All annual permits will expire one year from the date of issuance.
105.8 Permit may be required. A permit, if required, shall be obtained from the Building
Department, with approval of the Bureau of Fire Prevention, prior to engaging in the
following activities, operations, practices, or functions:
Section 3. Uniform Fire Code - Section 901.4.2 amended - Fire Apparatus Access
Roads. Section 901.4.2 of the Uniform Fire Code is amended as follows:
901.4.2 Fire a aratus access roads. When required by the Fire Marshal, approved signs
or other notices shall be provided and maintained for fire apparatus roads to identify such
roads and prohibit the obstruction thereof as follows:
All designated fire lanes shall be clearly marked by the property owner in the
following manner: Vertical curbs shall be painted six (6 ") inches in height and
shall be painted red on the top and side, extending the length of the designated fire
lane with four inch (4 ") white block lettering stenciled on the face "NO
PARKING - FIRE LANE". The stenciling shall be spaced every fifty feet (50).
Rolled curbs or surfaces without curbs shall have a six inch (6 ") wide stripe
painted that extends the length of the designated fire lane with four inch (4 ")
white block lettering stenciled on the stripe "NO PARKING - FIRE LANE. The
stenciling shall be spaced every fifty feet (50').
Signs may be substituted for curb painting when approved in writing by the Fire
Marshal.
3. Signs shall be not less than eighteen inches (18 ") in height by twelve inches (12 ")
in width, with block lettering of not less than three inches (3 ") high brush stroke,
reading: "NO PARKING - FIRE LANE'. Such signs shall be reflective in nature,
with red lettering on a white background, and spaced at intervals of not less than
fifty feet (50) apart. The top of such signs shall not be less than four feet (4), nor
more than six feet (6) from the ground. Signs may be placed on buildings when
approved in writing by the Fire Marshal. When posts are required, they shall be
constructed of either two inch (2 ") or greater galvanized steel, or four inch by four
inch (4" x 4 ") or greater pressure treated wood.
4. The Fire Marshal may approve deviations from any of the specifications when
approved in writing by the Fire Marshal.
5. Existing signs may be allowed ID remain until the Fire Marshal determines that a
need for replacement exists based on the legibility or other deterioration of the
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existing signs. Such replacement shall occur within 30 days of receiving written
notification of the deficiency.
6. Fire lanes shall be established and maintained to clearly identify the desigmated
area as a fire lane, at the sole expense of the property owner. The property owner
shall have completed the required establishment or maintenance of fire lanes
within 30 days of receiving written notification that such is necessary.
7. At the entrance to the property where fire lanes have been designated, signs shall
be posted in a clearly conspicuous location, and shall clearly state that vehicles
parked in fire lanes may be impounded, and the name, telephone number, and
address of the towing firm where the vehicle may be redeemed.
8. The owner, manager, or person in charge of any property upon which any
designed fire lane has been established shall be responsible to prevent the parking
of vehicles in such fire lanes by informing the appropriate towing company of the
violation. If the lane is blocked by any other obstructions, the owner, managed or
person in charge of the property shall attempt to rernove the obstruction, and if
unable, shall inform the fire department that the obstruction exists.
9. All criminal violations of the - Uniform Fire Code and obstruction of a fire
apparatus road may be enforced by any regular or reserve police officer of the
Police .Department.
10. All residential, commercial, or industrial developments shall be constructed with
their access points containing locking gates in a manner which includes the
installation of an emergency vehicle pre - emption system to open all such gates
and allow for immediate entry of emergency vehicles into the development. Such
system shall be a priority control system that employs data- encoded infrared
communication to identity the emergency response vehicle. The type of system to
be installed must be compatible with the traffic signal priority control system used
in the City of Spokane Valley. The design and final installation must be approved
by the City of Spokane Valley. Further, such system must be maintained in
proper working order by the owners of the development or a homeowners or
business owners association.
11. The Fire Chief, Fire Marshal and such other commissioned personnel of the Fire
Department as designated by the Fire Chief and approved by the City Manager,
shall have the authority to issue infractions for violations of the Uniform Fire
Code on forms provided by the Chief of Police for such purposes.
Section 4. Uniform Fire Code - Section 901.4.4 amended - Premises Identification.
Section 901.4.4 of the Uniform Mire Code is amended as follows:
901.4.4 Premises Identification. Approved numbers or addresses shall be provided for all
new and existing buildings in such a position as to be plainly visible and legible from the
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street or road fronting the property. All numbers and /or letters shall be no less than four
(4) inches with a contrasting color background. The Building Official or the Fire Marshal
may require larger numbers where large complexes and/or buildings are present, or where
otherwise necessary to assure visibility.
Section 5. Uniform Fire Code - Section 902.2.1.1 added - Fire Apparatus Access
Roads. Section 902.2.1.1 of the Uniform Fire Code is amended by adding the following:
902.2.1.1 Sprinklers Required. Fire sprinklers are required in all buildings that are served
by a primary access road that is in excess of 15 per cent grade for more that 200 feet.
Section 6. Uniform Fire Code - Section 902.2.2.6 — Grade.
902.2.2.6 Grade. The gradient for the fire apparatus access road shall not exceed the
maximum approved. Any building served by a fire apparatus access road in excess of 15
per cent grade for 200 feet or more must have automatic fire sprinklers installed.
Section 7. Uniform Fire Code - Section 1001.5.3.1 - Problematic Systems and
Systems Out of Service. Section 1001.5.3.1 of the Uniform Fire Code is amended by adding the
following:
1001.5.3.1 Problematic Systems and Systems Out of Service.
Repeated system malfunction false alarms in any given six month period shall be
subject to fines as outlined in the City of Spokane Valley fee Resolution. During the
malfunction and such owner or occupant shall provide an approved means of notification
to the Fire Department for emergency purposes. If a Fire Watch person is designated,
their duty is to patrol the premises and keep watch for emergencies.
Section 8. Uniform Fire Code - Section 1003.1.1 - Installation Requirements.
Section 1003.1.1 Uniform Fire Code is amended by the adding of the following:
1003.1.1 General.
A sign shall be installed next to the fire alarm bell designating "Call the Fire
Department if the Bell is Ringing" with letters of least four inches on a red background.
All fire sprinkler systems shall be monitored by a certified company with a
system that will notify the local 911 telephone system and be approved by the Fire
Marshal
Section 9. Uniform Fire Code - Section 1003.2.2 - Automatic Sprinklers Required.
Section 1003.2.2 of the Uniform Fire Code is amended as follows:
Section 1003.2.2 All Occupancies except Group U Occupancies. Except for Group U
Occupancies, an automatic sprinkler system shall be installed:
5. Throughout all buildings three or more stories in height except Group R,
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Division 3. For the purpose of this section a floor shall be any level of a
building that is occupied for any reason.
6. Throughout all buildings, including R, Division 3, where the total floor
area, including basements, exceeds 8,000 square feet. For the purposes of
this section, portions of buildings separated by one or more area separation
walls will not be considered a separate building. Existing buildings shall
comply with this section when an addition is made to the building and the
total floor area, including the basements, or the existing building and the
addition combined exceeds 8,000 square feet. If an R, Division 3,
occupancy addition contributes to the building exceeding 8,000 square
feet, then only the addition will be required to have a sprinkler system.
Section 10. Section 1003.2.9 Group. ,, Division 1 Occupancies. Section 1003.2.9 of
the Group R, Division 1 Occupancies of the Uniform Fire Code is amended as follows:
Section 1003.2.9 Group R, Division 1 Occupancies. An automatic sprinkler system shall
be installed throughout every condominium, apartment house, hotel or motel three stories
in height or containing 10 or more dwelling units or guest rooms and every congregate
residence two or more stories in height or having an occupant Toad of 10 or more. For the
purpose of this section any floor that is occupied for any reason is considered a story and
portions of buildings separated by one or more separation walls will not be considered a
separate building. Residential or quick response standard sprinklers shall be used in the
dwelling and guest room portions of the building.
Section 11. Section 1007 Fire Alarm Systems - General. Section 1007.2.1.3 of the
Uniform Fire Code is amended by adding the following:
Section 1007.2.1.3 Monitored automatic fire alarm systems are required in:
A. Buildings of all occupancies except R3 and U shall be equipped with an
approved monitored automatic fire alarm system at the time of
construction or when remodeling is in excess of fifty percent (50 %) of the
accessed value or when the uses change to a more hazardous use, as
determined by the Fire Chief. Exception: An alarm need not be installed
in multiple residence dwellings, hotels or motels constructed all on one
floor when individual dwelling or guest units are separated by at least one
hour fire resistant separations and each unit has a direct exit to a yard or
public way, nor in retail or commercial occupancies with a floor area less
than three thousand (3,000) square feet. Provided, that any building which
has installed an approved sprinkler system wherein the sprinkler system
and control valve have been equipped to automatically transmit an alarm
by approved means to the Fire Department, will not he required to comply
with the requirement for installation of an approved and maintained fire
protection system under this section.
B. I. All occupancies to which this chapter applies exceeding 3,000 square
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feet gross floor area, except Group R, Division 3 and U occupancies, shall
be required to provide an approved monitored automatic fire detection
system, and occupancies protected through an approved monitored
sprinkler system may utilize a fire detection system without heat detectors.
2. A monitored fire detection system shall meet the following
requirements:
a. The system shall be supervised and UL approved;
b. The system shall have dual lines;
c. The system shall have a data test signal or be line supervised; and
d. Tape recorders shall not be utilized.
Section 12. Section 1102.3.1 Open Burning — General. Section 1102.3.1 of the
Uniform Fire Code is amended as follows:
Section 1102.3.1 General. Opening burning shall not be conducted at any time in
compliance with a permanent ban on open burning established by the Spokane County
Pollution Control Authority in Spokane.
Exception: Barbecue and other cooking fires in accordance with Section 1102.4
and Section 1102.5.
Section 13. Section 7701.7.2 - amended - Limits established by law. Section
7701.7.2 of the Uniform Fire Code is amended as follows:
Section 7701.7.2 Limits as Established by Law. The storage of explosive materials is
prohibited within the limits of the City, except in zoning classifications T -1., I -2, 1 -3, MZ,
EA and GA provided the written consent of the Fire Marshal is obtained identifying the
quantity of explosive material, type of magazine for storage and type of building in which
the explosives are stored.
Section 14. Section 7801.3.1.1 - amended — Manufacturing. Section 7801.3.1.1 of the
Uniform Fire Code is amended as follows:
Section 7801.3.1.1 Manufacturing. The manufacturing of fireworks is prohibited within
the Limits of the City.
Section 15. Section 7802.3 - amended — Prohibited. Section 7802.3 of the Uniform
Fire Code is amended as follows:
Section 7802.3 Prohibited. The storage, use, sales and handling of fireworks is
prohibited.
EXCEPTIONS: 1. The use of fireworks for display is allowed as set forth in
Section 7802.4.
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Section 16. Section 7902.2.2.1 and Section 7904.2.5.4.2 amended - Locations where
Above Ground Tanks are Prohibited. Section 7902.2.2.1 and Section 7904.2.5.4.2 of the
Uniform Fire Code are amended as follows:
Section 7902.2.2.1 Locations where Above Ground Tanks are Prohibited. The storage of
Class I and Class IT flammable liquids in above ground tanks in excess of 100 gallons is
prohibited within the limits of the City. In particular, installations this capacity limit may
be altered at the discretion of the Fire Chief, in writing, after consideration of special
features such as topographical conditions, nature of occupancy and proximity to
buildings, capacity of proposed tanks, degree of private fire protection to be
provided, and facilities of the Fire Department.
Section 7904.2.5.4.2 Locations where Above Ground Tanks are Prohibited. The storage
of Class 1 and Class 11 flammable liquids in above ground tanks in excess of 100 gallons
is prohibited within the limits of the City. In particular installations this capacity limit
may be altered at the discretion of the Fire Chief, in writing, after consideration of special
features such as topographical conditions, nature of occupancy and proximity to
buildings, capacity of proposed tanks, degree of private fire protection t be provided, and
facilities of the Fire Department.
Section 17. Section 8204.2 - amended - Maximum Capacity within Established
:Limits. Section 8204.2 of the Uniform :Fire Code is amended as follows:
Section 8204.2 Maximum Capacity within Established Limits The aggregate capacity
of any one installation shall not exceed 2,000 gallons water capacity, except that in
particular installations this capacity limit may be altered at the discretion of the Fire Chief
after consideration of special features such as topographical conditions, nature of the
occupancy and proximity to buildings, capacity of proposed tanks, degree of private fire
protection to be provided, and facilities of the Fire Department.
Section 18. Severability. If any section, sentence, clause or phrase of this ordinance
shall be held to be invalid or unconstitutional 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 19. Effective Date. This Ordinance shall be in full force and effect on the
official date of incorporation provided publication of this Ordinance or a summary thereof occurs
in the official newspaper of the City as provided by law.
PASSED by the City Council this day of February, 2003.
Mayor, Michael De\'leming
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ATTEST:
Interim City Clerk, Ruth Muller
Approved As To Form:
Interim City Attorney, Stanley M. Schwartz
Date of Publication:
Effective Date:
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CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.
fri
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON,
ADOPTING THE UNIFORM MECHANICAL CODE, UNIFORM PLUMBING CODE,
STATE ENERGY CODE, WASHINGTON STATE VENTILATION AND INDOOR AIR
QUALITY CODE, WASHINGTON STATE HISTORIC BUILDING CODE, NATIONAL
ELECTRICAL CODE, UNIFORM CODE FOR TIME ABATEMENT OF DANGEROUS
BUILDINGS, UNIFORM HOUSING CODE, UNIFORM BUILDING SECURITY CODE
AND UNIFORM SIGN CODE AS THE CONSTRUCTION STANDARDS FOR THE
CITY.
WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; and
WHEREAS, to promote the health, safety and welfare of the occupants or users of
buildings and structures within the State of Washington, the City is required to adopt uniform
codes that establish minimum performance standards for construction that contain recognized
standards of engineering; and
WHEREAS, the City Council finds it is in the best interest of the public health, safety
and general welfare to establish comprehensive and uniform requirements for the construction of
buildings within the City of Spokane Valley.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do
ordain as follows:
Section I. Authority to Adopt Uniform Codes. Pursuant to RCW 35A.11.020,
35A.12.140, RCW 19.27.031 and RCW 19.27A.015 the following are adopted by reference as
the minimum regulations of the City, governing buildings and structures and shall be the codes
of the City, as amended, and set forth in this ordinance.
A. Uniform Mechanical Code. The 1997 Edition of the Uniform Mechanical
Code published by the International Conference of Building Officials with the exceptions noted
in WAC Chapter 51 -42.
B. Uniform Plumbing Code. Except as provided in RCW 19.27.170, the
2000 Uniform Plumbing Code and Uniform Plumbing Code Standards with appendices to both,
excluding Chapters 11, 12 and 15 and requirements of the Uniform Plumbing Code relating to
venting and combustion of air of fuel fired appliances as found in Chapter 5 and those portions
of the code addressing building as published by the International Association of Plumbing and
Mechanical Officials and implemented through WAC Chapters 51 -56 and Chapter 51 -57.
C. ? State Energy Code. The Washington State Residential Energy Code as set
forth in \v AG' Chapter 51 -11.
D. Washington State Ventilation and Indoor Air Quality Code. The
Washington State Ventilation and Indoor Air Quality Code as adopted by WAC 51 -13.
E. Washington State Historic Building Code. The Washington State Historic
Building Code as adopted by WAC Chapter 51 -19.
F. National Electrical Code. The National Electrical Code, 1999 Edition, as
published by the National Fire Protection Association including the laws, rules and regulations
for installing electrical wiring and equipment, issued by the Electrical Board pursuant to RCW
Chapter 19.28 as presently existing and subsequently amended, and the Washington
Administrative Code Chapters 296 -43 (heating installations), Chapter 296 -45 (safety standards
electrical workers), and Chapter 296 -46A (safety standards - electrical wires and equipment).
G. Uniform Code for Abatement of Dangerous Buildings. The Uniform -
Code for the Abatement of Dangerous Buildings (UCADB) 1997 Edition, as published by the
International Conference of Building Officials.
H. Uniform Housing Code. The Uniform Housing Code (U1 -IC) 1997
Edition, as published by the International Conference of Building Officials.
I. Uniform Building Security Code. The Uniform Building Security Code •
(USBC), 1997 Edition, as published by the International Conference of Building Officials.
J. Uniform Sign Code. The Uniform Sign Code (USC), 1997 Edition, as
published by the International Conference of Building Officials subject to the amendment set
forth in this ordinance.
Section 2. Uniform Sign Code - Section 210 amended — Marquee. Section 210 of
the Uniform Sign Code is amended as follows:
Section 210 Marquee. A marquee is a permanent roofed structure attached to and
supported by the building, providing protection from the weather elements, but does not
include a projecting roof. For the purposes of this Chapter, a freestanding permanent roof
- like structure providing protection from the weather elements, such as a service station
gas pump island, shall be considered a marquee.
Section 3. Uniform Codes — Copies on File. The City Clerk, or designee, is to
maintain one copy of the above codes on file in the offices of the City of Spokane Valley.
Section 4. Liability. The intent of the City of Spokane Valley is that the
responsibility for compliance with the provisions of this ordinance shall rest with the permit
applicant and their agents. This ordinance is adopted to protect the health, safety and welfare of
Paget
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the general public and is not intended to protect any particular class of individuals or
organizations.
Section 5. Severability. If any section, sentence, clause or phrase of this ordinance
shall be held to be invalid or unconstitutional 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 6. Effective Date. This Ordinance shall be in full force and effect on the
official date of incorporation provided publication of this Ordinance or a summary thereof occurs
in the official newspaper of the City as provided by law.
ATTEST:
PASSED by the City Council this day of February, 2003.
Interim City Clerk, Ruth Muller
Approved As To Form:
Interim City Attorney, Stanley M. Schwartz
Date of Publication:
Effective Date:
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Mayor, Michael DeVleming
Memo
To: Mayor and City Council Members
From: Stanley M. Schwartz, interim City Attorney
Cary Driskill, Attorney
Date: February 6, 2003
Subject: Summary of Land Use Laws
L INTRODUCTION
The following is first, a surnmary of State' Jaw regulating land use development, and second, a
bjief summary of the County plans and regulations that can serve as the initial land use laws of .
the City.
Il. SUMMARY OF STATE LAND USE LAWS
A. rowth Management -Act, Spokane County and die incorporated cities and towns located
within the County were mandated to begin planning under the Growth Management Act
(GMA). RCW Chapter 36,70A, on July 1, 1993. The GMA, encourages development in
urban area where adequate public facilities and services exist or can be provided in an
efficient rnanner- The GMA goal is to reduce the inappropriate conversion of
undeveloped land into sprawling, low- density development. Pursuant to the Act,
counties, cities and towns are required to adopt county -wide planning policies, urban
growth boundaries, comprehensive plans, critical areas ordinances, and update their
development regulations to implement the GMA.
1. County Wide P]ar nina Policies- Under direction of the GMA, the Board of
County Cominissioners (BO C) convened a meeting with representatives of each City
located ‘vithin the County for the purpose of establishing a collaborative process to adopt
a County -wide planning policy- The GMA required that the Count}' -wide planning
policy contain certain policies relating to contiguous and orderly development with
provision of.urban services, siting public facilities, transportation facilities, affordable
housing, joint County and City planning, economic development and an analysis of the
fiscal impact of the Comprehensive plan. County -wide planning policies serve as written
policy statements used solely for establishing a county -wide frarricwork from vvhich City
and County comprehensive plans are developed and adopted. The policies are intended
to guide interaction between the cities, towns and county government and ensure
consistency between the individual comprehensive plans-
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2. Urban Growth Areas GA's ), The UGAs are one of the primary tools to meet
the goals of the COMA.. Bach jurisdiction within the boundaries of Spokane County was
required to adopt a UGA within which urban growth shall be encouraged_ Urban growth
is defined as growth that makes intensive use of ]and for the location. of buildings
structures and other impermeab]e surfaces to such a degree as to be incoinpatible with the
primary use of such land for the production of food, other agricultural products or fibers,
or the extraction of mineral resources, rural uses, rural development and natural resource
lands, (RCW 36.70A_030[14])_ UGAs are required to include sufficient land and
densities to permit the urban growth that is projected to occur in the County for the next
20 years. Each city and tovvn in the County must be included within a UGA. Growth
outside the UGAs can only occur if not urban in nature_ The Board of County
Commissioners has the responsibility for designating UGAs,
3. Critical Areas Ordinance_ Under the GMA, each jurisdiction is required to adopt
a critical areas ordinance. The purpose of the critical areas ordinance is to implement the
critical area goals set forth in the G. as well as the goals, objectives and decision
guidelines contained in each jurisdiction's comprehensive plan. The critical areas
ordinance must address protection of wetlands, fish and wild life habitats, and geo- hazard
areas. Each jurisdiction also adopts maps that illustrate where critical areas are located
throughout its jurisdiction.
The scope of the critical areas ordinance is very broad and affects all development
including any construction or expansion of a building, structure or use; any change of use
in a building or structure; or changes in the use of land that requires a development
permit. .A designation of land as "critical" is significant because the local jurisdiction is
then vested with responsibility to develop policies and development regulations to protect
the functions and values of critical' areas_
4. Development R uIations. After adoption of a comprehensive plan, development
regulations must be adopted that are consistent with and implement the comprehensive
plan. A "development regulation" means the controls placed on the development or ]and
use activities which include, but are not limited ro, zoning ordinances, critical areas
ordinances, shoreline master programs, subdivision ordinances and similar matters_
a. Zoning Ordinance, Each city or county has the authority to adopt a
zoning ordinance to concrol land uses kvithin its jurisdictional boundaries_
Generally, a zoning ordinance includes regulations dictating the use of land,
building setbacks, parking standards, landscaping standards, and other
requirements, Zoning ordinances typically include a matrix that lists pen„zssib1e
uses in each individual zone. Zoning ordinances are also accompanied by a
specific zoning map that designates the zoning for each individual property
located within the jurisdictional boundary. Zoning classifications are usually
divided into four categories: residential, commercial, industrial, and agricultural.
Various uses are allowed in the different zones_ All jurisdictions within Spokane
County presently have their own zoning ordinance.
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b. Subdivision Regulations. Each jurisdiction may adopt its own local
ordinance regulating the subdivision of land. Subdivision regulations apply to
any subdivision of land that creates two or more lots. A subdivision of land is
generally an extensive administrative and hearing process. A City may, however,
provide an administrative, expedited, subdivision of land where fewer than 9 lots
are created. The State Subdivision Statute, RCW 58.17, exempts certain divisions
of land where the lot size created is five acres or larger.
Cities and counties also have the option of adopting binding site plan procedures
to govern the subdivision of land for commercial or industrial purposes. Prior to
approving any subdivision of land (i.e. short subdivision, subdivision, binding site
plan) the jurisdiction is required to make specific findings that appropriate
provisions have been made for the public health, safety, and the general welfare,
for open spaces, drainage ways, streets, portable water supplies, sanitary waste,
parks and recreation, schools, and consider all other relevant facts including
planning features to conclude the public interest will be served. After this
administrative process, a public hearing process occurs on the "long"
subdivisions.
c. Shoreline Ordinance. Washington State adopted the Shoreline
Management Act (SMA) in 1971. The intent of the SMA is to provide for the
management of State shorelines of significance by planning for and fostering all
reasonable and appropriate uses. The SMA is implemented through a cooperative
program between the Department of Ecology and each local jurisdiction. The
jurisdiction of the SMA applies to property located within 200 feet of the ordinary
high water mark.
B. State Environmental Policy Act. Each jurisdiction is required to adopt an ordinance to
implement the State Environmental Policy Act (SEPA), RCW 43.21C. SEPA mandates
environmental analysis of actions that affect the environment. This includes decisions
made in a comprehensive plan, development regulations and individual project review.
For certain matters, environmental review is exempt, for other matters a "threshold
detennina.tion" will be made that addresses the environmental impact of an action.
The environmental information gathered through the SEPA process may be used to
condition, deny or mitigate a proposal. There are SEPA rules promulgated by
Department of Ecology under Chapter 197 -11, \VAC, which are typically used in
conjunction with each jurisdiction's ordinance. •
III SPOKANE. COUNTY PLANS AND DEVELOPMENT REGULATIONS
A. Spokane County Comprehensive Plan and Development Regulations. On November 5,
2001, Spokane County through Resolutions 1059 and 1060 adopted its Comprehensive
Plan and facilities plan. This Plan related to incorporated and unincorporated land within
the County and, following adoption, was challenged by numerous parties before the
Eastern Washington Growth Management Hearings Board. The GMA provides that
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unless the Growth Management Hearings Board makes a determination of invalidity, the
Comprehensive Plan and Development Regulations are in effect during the period of
remand. The FWGMI- B issued a compliance order (remand), thus the Comprehensive
Plan and Development Regulations approved in November 2001 are in effect for land
within the City of Spokane Valley.
The City of Spokane Valley may adopt the Spokane County Comprehensive Plan and
Development Regulations by reference. I believe the City may also modify the above
document provided there is a SEPA review by the City. in certain instances, the County
may have already conducted this SEPA review and thus the City may rely upon the work
of the County.
1. Development Regulations.
Spokane County has also developed Phase I Development Regulations which implement
the Spokane County Comprehensive Plan. in summary, the Phase I Development
Regulations change the official zoning map to implement the Urban Growth Area
Boundary, adopt and modify the zoning matrix, adopt zoning code text amendments and
adopt a concurrency management system to ensure that adequate services and
infrastructure are in place at the time of development. It is important to recognize that
the Growth Management Act adopted a requirement of "concurrency" which simply
means there must be adequate public facilities to serve the development. In the Spokane
County Phase I Development Regulations, there is a provision for concurrency review
that relates to transportation, public water sewer systems, fire and police protection, parks
and recreation, libraries, solid waste disposal and schools.
Critical Areas Plan and Ordinance. The Spokane County Critical Areas Plan is found in
Chapter 10 of the Spokane County Comprehensive Plan. The Critical Areas Plan
contains goals and policy which provide for the rehabilitation, preservation, enhancement
and mitigation of critical areas. Critical areas mean: wetlands, areas that recharge
aquifers, wildlife habitat conservation areas, frequently flooded and geologically
hazardous areas. The Plan has a "wetland" goal of "no net loss ", contains policies related
to water quality and provides for fish and wildlife habitat conversation. The plan
contains maps of wetlands, aquifers, critical areas and geologically hazardous areas.
Following the Plan, Spokane County developed a Critical Areas Ordinance that regulates
development within critical areas. The ordinance controls uses allows a reasonable use
exception, requires mitigation and provides for other related matters.
C. Shoreline Master Program. Spokane County adopted a Shoreline Management Program
with regulations in 1975 that was amended in 1990. The Shoreline Program of the
County creates various shoreline designations which control the use of land within those
designations. In general, the uses are identified as urban, rural, natural, conservancy and
pastoral. The Shoreline Master Plan use regulations apply to proposed developments
within the shoreline area. The Use Regulations control the type and nature of the various
developments.
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D. SEPA Regulations. Cities must adopt SEPA procedures and policies. In recognition of
the different local conditions, SEPA procedures may be tailored to reflect local
conditions. The local rules must, however, be consistent with State law. DOE has
developed model rules which may be incorporated into local agency procedures.
Presently, there is an existing Spokane Environmental Ordinance that was jointly adopted
by the City of Spokane, Spokane County, Spokane Regional Health District, and Spokane
County Air Pollution Control Authority. The intent of adopting a joint ordinance was to
establish uniform environmental review requirements among those jurisdictions. This
Ordinance was recently amended in 2002 to reflect State law and local charges.
IV. CONCLUSION
The above is a summary of the various State laws and local regulations which are applicable to
the City of Spokane Valley and may be adopted. The City of Spokane Valley is permitted to
customize its local regulations in order to fit the desires of the community. Certain State
standards are prescribed which must be adhered to, however, considerable flexibility and
discretion is granted to the City.
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AMEMDMENT TO THE ZONING OR17TNACE
Chapter 14.404
VARIANCE AND CONDTTRTONAL USE PERMITS
Section:
14.404.000 Intent
14.404.020 Variance and Conditional Use Permit: How Initiated
14.404.040 Variance and Conditional Use Permit: Procedures
14.404.060 Variance and Conditional Use Permit: Notice
14.404.080 Variance
14.404.081 Intent
14.404.082 Conditions and Requirements
14.404.090 Administrative Variance
14.404.100 Conditional Use Permit
14.404.101 Intent
14.404.102 Conditions and Requirements
14.404.090 ADMINISTRATIVE VARIANCE
A. Scope. Irrespective of Sections 14.404.000 through 14.404.102 in this chapter, the
director of the Department of Community Development shall have the authoritvjo grant
an administrative variance for up to twenty -five (25) percent of the numerical zoning
ordinance standards for setbacks lot covera e size of lot and buildin hei - Tilt as
provided in this chapter 14.
B. Application. The owner or his/her agent may make application for an administrative
variance which shall be on a form prescribed by the director of the Department. of
Communit. Development. A fee as set b the Cit Council shall be collected at the time
of application.
C. Conditions for,urantin,g an administrative variance. The director of the Department of
Community Development may_rrant an administrative variance if it is shown that:
1. The administrative variance does not detract from the desired character and
nature of the vicinity in which it is proposed;
2. The administrative variance enhances or protects the character of the
neighborhood or vicinity by protecting natural features, historic sites, open space, or
other resources;
3. The administrative variance does not interfere with or negatively impact the
operations of existing land uses and all lcgallyperm_itted uses within the zoning district it
occupies: and
1
4. Granting the administrative variance does not constitute a threat to the public
health safety and welfare within the city.
5. In addition to the above conditions a variance may be issued when the
following specific conditions exist:
a. A parcel existin prior to the adoption of this zonin• ordinance which
does not meet the re uired s ware foota
considered a buildable .lot;
b. Where a dwelling or dwellings exist on a parcel which dwellings) have
been rendered legal non - conforming clue to their setback, height and size and thus cannot
be expanded or other wise reconstructed in a particular zoning district:
c. Where duplexes are permitted, but due to dwellings) having been built
prior to the adoption of this zoningordinance and the minimum size parcel required for a
du lex cannot be met an administrative variance ma be a. lied for which if a .roved
would allow the existing building or buildings to be reconstructed as a duplex.
for a
3arcel in a
articular zonin
district to be
D. Appeals. Appeals of the of the Community :Development director's decision shall be
submitted within fourteen (14) calendar days of the date of the director's decision and
shall be made as an open record appeal to the City Hearing Examiner.
MEMO TO: Lee Walton
FROM: Jim Harris
SUBJECT: Adoption of Spokane County's 2002 Comprehensive Plan and Phase I
Implementing Zoning Ordinance
DATE: February 11, 2003
As noted in Stan Schwartz' memo to the Mayor and City Council dated February 6` the
County adopted a State mandated Growth Management Act (GMA) plan on November 5,
2001 (this plan is known as the 2002 Plan). Since the City of Spokane Valley must adopt
a land use guideline and implementing zoning, to be in place on March 31 ", my
recommendation is that the City adopt the County's 2002 GMA plan and Phase I of the
County's zoning ordinance. My reasons for this recommendation are enumerated as
follows:
1. Except for the challenges to the County's GMA plan as mentioned in Stan's
memo, the County's GM.A plan complies with the State Growth Management. Act in all
respects and the Growth Management Hearing Board did not invalidate the plan when it
remanded the challenges back to the County. Therefore, the plan meets the State's GMA
requirement as a valid plan.
2. Although a number of individuals county wide had a grievance with the County
over the comprehensive plan's "downgrade" of their property, this fact in and of itself
does not invalidate the 2002 plan. This is an issue that can be approached through
modifications to the comprehensive plan. In fact the County initiated a program wherein
the aggrieved properties could approach the County, at no cost, for one year beginning on
January 15, 2002, to have the County address the "downgrade" problems. Sixty -two (62)
properties took advantage of this offer. Twelve (12) of these properties were in what is
now the City of Spokane Valley. Eleven of these 12 had their request for a change to the
Comprehensive Plan approved by the County. On January 15, 2003 the County extended
this program for an additional year. However, it is obvious that there are a number of
anomalies with the 2002 plan, especially related to the future zoning that would
implement. the Plan's current land use designations.
3. While we know of 62 properties that were "downgraded" we also know that 4,000
properties were "upgraded. ded. Thus is a positive factor in relationship to the validity of the
Comprehensive Plan's land use designations. if these numbers had been reversed, then
one could argue that the plan was too restrictive.
4. it appears that most of the complaints about the validity of the 2002
Comprehensive Plan are about the plan's land use element and not about the other
required elements and the plan's goals for future development.. If the Plan's
implementing zoning were to strictly adhere to the Plan's land use designations, a number
of commercial uses already established would be rendered legal non - conforming. As the
1
zoning now stancls (Phase 1 zoning), all of the lands zoned commercial permit the
commercial uses that are currently in operation. However, when the County adopted the
Phase I zoning amendments the permitted uses in the Industrial zoning districts changed
significantly. For example, prior to the Phase 1 zoning amendments, the I -2 zoning
district permitted a variety of industrial uses and all uses allowed in the commercial
zoning districts. The Phase I zoning amendments deleted many commercial uses from the
1 -2 district. in the meantime a number of commercial uses were developed in the 1 -2
zoning district; they are now legal non conforming uses. Thus, if there is a problem here,
and it appears that there clearly is, it is with the plan's implementing zoning. These
zoning problems can be modified without throwing out the 2002 Comprehensive Plan or
even modifying it to any great extent.
5. An extensive public participation program was conducted by Spokane County to
allow citizens to have a say in the formulation of the plan. The County adopted public
participation program guidelines that specifically called out the public participation
techniques that would be implemented as part of the GMA planning process. This
process closely followed the State's mandate that, "each county and city that is required
or chooses to plan under RCW 36.70A.040 shall establish and broadly disseminate to the
public a public participation program identifying procedures providing for early and
continuous public participation..." The County used a variety of communication
techniques to inform the public, by using a Web site, maintaining a mailing list of parties
and groups interested in GMA planning issues, by sending out various press releases, and
by giving presentations throughout the County to various organizations and groups.
The County even maintained a booth at the County Fair that displayed maps of future
proposed land use designations and current zoning information.
The County conducted a number of public meetings, several of which were held in
Spokane Valley. These were public participation meetings wherein a dialog between
County staff and citizens took place. his clear that the County made every effort to
engage the public in the GMA planning process.
Conclusion:
In conclusion, the County's 2002 GMA plan complies with the State Growth
Management Act. After extensive review of the plan, 1 have determined that basically
the plan is an excellent tool for the City to use as an interim plan until the City can
formulate its own plan (the City has three years to do its own plan, beginning on March
31 The County spent a great deal of money to go through the planning process that led
to the adoption of the 2002 GMA plan. By adopting the County's plan the City will not
have to duplicate all of the County's efforts as it formulates its own plan which in reality
will quite likely use most of the County's GMA plan as the basis for its own plan.
Many of the complaints directed toward the plan's land use element can he addressed by
either making modifications to the plan or the plan's implementing zoning or both. Some
of the most glaring problems with the plan and implementing zoning can be fixed at the
time of adoption in March.
2
N
Course of Action:
I. Modify, to the extent possible, both the Comprehensive Plan and the Phase I
Zoning Ordinance prior to March 31 Identify other immediate "fixes" that need to be
addressed and place at the top of the Long Range Planning Division's work program.
2. Adopt, as modified, the Spokane County Comprehensive Plan and
Phase I Zoning. Once the list of other immediate "fixes" have cleared the Planning
Commission and City Council, begin developing the City's Comprehensive Plan and
implementing zoning.
3. Provide a one year grace period, similar to the one currently in place in the
County, wherein property owners may address the City concerning changes they feel are
necessary in the Comprehensive Plan and implementing zoning to restore to their
property, the uses that were permitted prior to adoption of the County's 2002 plan.
3
MEMO TO: Lee Walton
FROM: Jim Harris
SUBJECT Adoption of the County's Subdivision and Shoreline Master
Program Ordinances
DA1'E: February 10, 2003
Subdivision Ordinance
On February 20 Community Developrnent staff will give a presentation to the City
Council concerning adoption of the County's Subdivision Ordinance. This ordinance
will meet the City's needs into the near future.
However, staff recommends one change to the ordinance which is the inclusion of a five
to nine lot short subdivision provision. Currently the County's ordi.nance allows short
plats of two to four lots but not beyond that. number. The State's subdivision law allows
jurisdictions to administratively process short subdivisions with up to nine lots. A five to
nine lot short subdivision would be required to provide the same improvements as a
regular preliminary subdivision, whereas a two to four lot plat is not required to do so.
Attached is the proposed amendment to the Subdivision Ordinance.
Shoreline Master Program Ordinance
Also on February 20 staff will review the County's Shoreline Program with the City
Council. This is a State mandated program which will affect the Spokane River as it
flows through the City. Jt will also affect Shelly Lake.
Staff recommends that. the Shoreline Program be adopted at this time without
modifications. However, staff will design a work program to review the shoreline
designations along the river and around the lake to determine their applicability to the
City's designation as an urban area under the Growth Management Act. Any proposed
modifications to the Shoreline Program will be reviewed by the Planning Commission
and then be forwarded to the Council for their consideration. Final approval of proposed
changes to the program is made by the State Department of Ecology.
SUBDIVISION ORDINANCE
12.300 SIIORT SUBDIVISIONS
12.300.102 General Provisions
The purpose of this chapter is to provide a process to divide land into feu-F-(43
nine (9) or fewer lots, tracts, parcels, sites or divisions with a level of review that is
proportional to the effect those lots may have on the surrounding area.
Any person seeking to divide or redivide land situated within the unifteefpefateel
areas of Spek tne-Geunty the City of Spokane Valley into fet -(4) nine (9) or fewer tracts
for the purpose of sale, lease or transfer of ownership, unless exempted under the
provisions of chapter 12.100 of this ordinance, shall submit an application for approval of
a short subdivision to the Director together with the appropriate application fee.
(NEXT PARAGRAPH IS OK)
There are two types of shot subdivisions permitted by this ordinance. Type I and Tv )e 1T.
divided into four 4 or less
T ,e 1 short subdivisions refer to any land bein
)arcels lots
tracts, sites or subdivisions, any one (1) of which is less than twenty (20) acres in size and
which have not been divided in a short subdivision within a period of five (5) years.
Type II short subdivisions refer to any land beine divided into more than four (4) and less
than ten 10) parcels lots. tracts, sites or subdivisions any one (1) of which is less than
twenty (20) acres in size and which have not been subdivided in a short subdivision
within a period of five (5) years.
The provisions provided in sections 12.300.102 through 12.300.120 shall apply to Type
and Type II short subdivisions, except that in addition to the above sections all Type _l;
short subdivisions shall also comply with sections 12.400.122 through 12.400.138.
12.300.104 Application (OK)
12.300.106 Contents of Preliminary Short Plat(OK)
12.300.108 Distribution of Preliminary Short Plat (OK)
12.300.110 Agency Review (OK)
12.300.112 Public Notice (OK)
12.300.114 Public Use (OK)
12.300.116 Conformity with Applicable Land Use Controls (OK)
12.300.118 Preliminary Approval (OK)
12.300.120 General Design (OK)
12.300.122 Roads
Direct. access to every residential lot shall be provided by a public or private road, or a
private driveway easement for Type 1 short subdivisions. The road standards of Chapter
12.400 shall apply to Type 11 short subdivisions.
Prior to filing a final short plat, the applicant shall improve or make appropriate
provisions for the construction of the public or private road(s) consistent with Spek-ane
County the City of Spokane Valley's Standards for Road and Sewer Construction as
amended.
12.300.124 Sewage Disposal
Provisions for adequate sewage disposal shall comply with the Spol rne- County city of
Spokane Valley's Sewer Ordinance, Comprehensive Wastewater Management Plan and
Spek- rrne- Earth, the city of Spokane Valley, Spokane Regional Health District,
Department of Health, Department of Ecology or the other appropriate agencies'
regulations.
12.300.126 Water Supply
Provisions for an adequate domestic water supply and /or fire protection shall be in
compliance with current Spokane-County-city of Spokane Valley, Spokane Regional
Health District, Department of Health or the other appropriate agencies' regulations.
12.300.128 Storni Water Runoff
Provisions for storm water runoff shall be in compliance with S iokane- Gottnty the City
of Spokane Valley's Guidelines for Storm Water Management.
12.300.130 Utilities (OK)
12.300.132 Professional Land Surveyor
The preparation of all final short plats shall be made by or under the supervision of a
professional land surveyor who shall certify on the final short plat that it is a true and
correct representation of the lands actually surveyed. A survey is required on all final
short plats. All surveys shall comply with Survey Records Act (RCW 58.09), Survey and
Land Descriptions (`VAC -32 -130), and the Spekane -Cep city of Spokane Valley's
Standards for Road and Sewer Construction, as amended.
MEMORANDUM
To: Finance Committee
From: Stan McNutt, Deputy City Manager
Date: February 2003
Subject: Budget Request for Information Technology Hardware
5
Find attached a request to authorize the purchase of information technology
hardware. This purchase would set up the basic IT network, provide hardware
for a GIS plotter, provide additional desk top units, and authorize the purchase of
additional phones.
Our immediate need is the purchase of some system critical hardware to get the
system started. These items total $70,000 and a list is attached.
2/20/2003 6:06 PM
CITY OF SPOKANE VALLEY
Information Technology Capital Requirements
Basic Network
Servers /Storage/Tape $ 9,000
Internet Border -
Firewalls, Routers, Email Firewall 19,100
Software Licensing 10,000
Miscellaneous Hardware
Switch 4,000
Tax and Contingences 8,400
50,500 *
Connectivety to Spokane County
Point to Point Laser Technology
Miscellaneous Wiring & Contingencies
17,700
1,800
19,500
Total 70,000
Information Technology Capital Requirements
City of Spokane Valley
The information technology system (11) for the City of Spokane Valley will require a basic local area
network, a connection to:the internet, and various computers to run the application processes the City will
need. These application programs are GIS, building & permitting systems, financial. systems, and other
smaller systems. Staff is currently planning to contract with Spokane County for GIS services. Software
applications for a financial .system, building and permitting, business registration, and fixed asset
management system are currently being evaluated.
This proposal outlines the hardware requirements for the basic local area network hardware, hardware to
facilitate a data connection with Spokane County, GIS hardware to produce large scale maps and charts,
additional employee workstations, and additional telephones. There is no software or hardware for
application systems in this proposal.
The timeline for acquisition of this equipment is critical. lmpleinentation of the basic network system and
connection to Spokane County is projected at four weeks. Planning and building officials are scheduling
training on County planning and permitting systems *for th.e last two weeks in March in anticipation of the
opening of the •one stop permit center on April 1. We can open the permit center using a manual system
but processing nine would be increased substantially.
Projected costs for IT capital purchascs'are. $245,700. These capital purchases were to be budgeted in the
April to December 2003 budget but the project schedule requires the purchase in the interim. period.
Savings from unfilled positions acd deferred capital purchases in the 2003 Interim. Budget will cover
$70,000 of this cost. An additional interim budget request for 5175,700 would be submitted to Council for
the balance of projected costs. These are estimated costs and in all cases best purchasing practices would
be followed to ensure the City receives the goods and services at a fair price. •
Hardware Descriptions
The Basic Local Area Network.
The basic network system was designed by Resource Computing under a consulting contract. The basic
network allows users to share files, printers, and peripherals. The system provides secure internet
connectivity, communications, Lei email and video confererici.ng, and data integrity through
security, backup, archival and system redundancy.
Hardware and software purchases would be made through the Washington State IT purchasing system.
Total project costs are estimated at $153,1.00. .
Connectivity to Spokane County.
Connectivity to Spokane County will be accomplished by use of a point to point laser technology: This
technology will provide a wide band connection with the County's IT system. Setup costs are estimated
2/20/2003 4:45 PM 1
at S19,500. Other systems considered were wireless for $5,000, .rnicrowave at a cost of. $35,000 and fiber
optic at a cost of S39,000. The wireless system is considerably cheaper but provides insufficient band
width to run the GIS system. The .point to point laser technology will connect City Hall to the police
substation, has a large band width (100 mb full duplex) and can be installed in four weeks. Total project
costs are estimated at 51.9,500.
GIS Plotter Hardware.
A component of using the County's GIS system is the production of planning maps and charts. The
County recommends the'puurchase of a large scale plotter and related equipment so these maps could be
created on -site. The alternative is to have the County produce the maps at their location and transport the
maps to us. Total cost of the hardware is estimated at $20,239.
Workstation Desktops.
This expenditure details the additional workstation desktops that will be required for the building and
planning staff Costs of the basic workstation is estimated at $1,200 and workstations for planning
personnel who need' increased computing speed and storage is estimated at $2,200. Also included is a
request for computer and desktop support from Resource Computing On a per hour basis, contract amount
not to exceed 510 Estimated costs for additional Workstations ar $22,400.
Phones.
These are the additional phones need for staff and the new council offices..` here conditions warrant we
. would use cheaper model phones. Estimated phone costs are 59,041.
Software.
The City needs to. purchase user licenses for the Microsoft Office products that sire currently on the
desktops. The price includes software'assurance that provides for any software upgrade Microsoft may
make over the next.three years: _Licensing costs for 35 users is estimated at 521,420.
2/20/2003 4:45 Plot 2.
2/20/2003 6:24 PM
CITY OF SPOKANE VALLEY
Information Technology Capital Requirements
Basic Network
Servers /Storage/Tape $ 49,500
Internet Border -
Firewalls, Routers, Email Firewall 19,100
Software Licensing 29,300
Miscellaneous Hardware
Switches, Racks, UPS 12,200
Deployment Labor 30,000
Contingencies & Sales Tax 13,000
153,100
Connectivety to Spokane County
Point to Point Laser Technology
Miscellaneous Wiring & Contingencies
GIS Plotter Hardware
HP 1050c Designjet Printer
Seal Laminator (est.)
Onyx Poster Shop (est.)
Large screen workstation
Software
Microsoft Office Licenses (35 @ S612)
17,700
1,800
19,500 * •
8,439
5,000
4,000
2,800
20,239 *
Workstation Desktops
IT Specialist 2,200
Building Inspectors 1,200
Permit Specialist 1,200
Plan Examiner 1,200
GIS Technician - 2,200
Asst Engineer 2,200
Engineering Tech 2,200
Desktop /System Support 10,000
22,400
Phones
Mitel 4025 Phone (26 @ $194) • 5,044
Two additional 12- circuit digtal cards 1,672
Installation labor (31 hrs @ S75 /hr) 2,325
9,041 •
21,420 '
Total IT Capital Expenditures $ 245,700 '"
City of Spokane Valley
2003 Interim Budget Savings
The following items represent unfilled budgeted positions and
unused capital budgets.
Dept
Finance
Finance
City Clerk
City Clerk
Human Resources
Planning
Parks /Recreation
Building
Building -
Street Fund
Building -
General Government
General Government
General Government
General Government
.Osition /Item
Accounting Clerk
Payroll Charges
Office Asst II
Office Asst I
Office Asst
Planner
Recreation Spec
Building Inspector
Permit Tech
Engineering Tech
Laminating Machine
Sound system
Copier Contract
Special Software
Postage Machine
Period
January
Jan - Mar
Jan - Mar
January
January
Jan - Feb
January
February
February
February
Amount
3,920
900
12,300
3,360
1,680
6,720
2,800
4,480
2,240
5,600
1,600
5,000
5,000
10,000
4,400
70,000
To: City of Spokane Valley.
Ladies and Gentlemen:
Data Path
Comrnunications Network Design and Installation
As you have requested, we are subniittingquotes for attaching .your.data ,
communications network with that •of .Spokane County: 'Three of methods- will •
involve direct line of sight. - The fourth is'optical fiber connected directly to the -
Sheriff's Substation:
It is notlnown at the time 'of this submittal the costs involved for the costs -of :'
• installation of
installation the All other solutions include installation costs. .
Solution 411: 802.11 b wireless point to point,' 11 rnhps:
, lvtatcrials and installation $4745.34 plus tax
Solution 42: Point-to-Point Laser, 100 mbps frill duplex•
taterials•andinstallation $16,298:00 plus ta.x
ution #3i%1Viicrowave dual T1 speeds
`Appr-o'imation of costs only $37,590.00 plus tax
• I
Solution #4: Direct fiber optic cor eeetion
Material'and installation $39;015.00 plus tax.
We look forward . to "working.with you to solve your comrri uucation needs - .
Sincerely,
509 West Regina Spokane,WA 99218 Barry Saddler Owner 509 -468 -2195
MEMO
CITY OF SPOKAiNE VALLEY
11707 Sprague Ave, Spokane valley WA 99206
TeL (509) 921 -1000, Fax (509) 921 -1008
e -mail lwalton@spokanevalley.org
TO: Council
FR: Lee VI
Sub: Some notes for the Feb 20 Study Session
Animal Control —I presume that Nancy Hi11 will lead off with a description and
justification of the service followed by Kate describing the critical nature of the program.
I wouldn't be surprised if there were also a number of Animal Center supporters in the
audience. 1 don't plan on making any substantive continents because I have not received
a contract yet for review and because it's probably a good time for me to just listen.
I'm sure they will talk. about the Calgary program as their model and that is certainly
appropriate because that is a very successful operation.. However, as T recall the Calgary
(and other Canadian cities) prograrn involves a very aggressive licensing program
reaching 95+ % and strict enforcement with high fines. The beauty of such a program is
that once a high standard of compliance is met, costs decline substantially because less
enforcement is necessary. However, the public's - `mind set" in Canada toward municipal
programs is frequently quite different than ours so the question in my mind is whether
such. strict enforcement is politically acceptable in SV?
I have visited the Center and indeed it is a first class operation. Indeed, it is one of the
best I have seen so can understand why Kate is very proud of the program.
I have reviewed and discussed the tentative budget with Nancy at some length. T would
quibble with .some aspects but overall it is probably appropriate to serve the size
population that it does. Its big problem is that license revenue is not appropriate to the
population. They seem to think they can build these revenues with an aggressive program
but I am a bit skeptical that this is realistic in the current environment. Perhaps a
compromise would be to include incentives in the contract. This might involve increasing
the percentage of licensed dogs from the current 50/0 ?? (1 have forgotten the number) to
65% in 2003, 75% in 2004 etc. Each year they fail to reach meet this goal our subsidy
might be reduced by 10 %.
In comparison to King County it appears that the Spokane County program is overpriced
because that County accepts license fees and fines in full exchange for service. However
it should be noted that King County provides a lower level of service while licensing a
higher percentage of dogs.
I had thought that a new Animal Service program (including a very modern new facility)
I set up in 1982 while managing a City in Northern California would prove my point that
the our program is overpriced. At that point the City has a population of about 85,000 and
the subsidy was about $50,000. I called down last week to find that the population is now
110,000 and $400,000 was coming from the General Fund so that information didn't help
my case.
Also, although it would be somewhat controversial, some thought could be given to
reducing the level of service. One possible way would be to eliminate the cat licensing
program and concentrate on getting a high level of compliance for dogs. Cat licensing is
generally much more difficult to accomplish and a fiscal loser. The Center could still
"loan" traps upon request and receive feral cats for adoption or humane disposal.
Incidental, unlike most of the other contracts we are working, it is not absolutely
necessary that we have an Animal Control contract in place on April 1. 1 can't see that it
would hurt a lot if we went "bare" for a couple of weeks. Granted, there might be a
couple of instances that could come up (dog bite) that would be awkward but I think we
could work through it.
Planning Review: This is t:he big enchilada topic for tonight. Jim Harris and team have a
dog and pony show covering all aspects of the coining planning program for SV. Taken
together with Stan's earlier introduction and Jim overview memo of last week the
Council should be about ready to take on these issues with some confidence. One fellow
from the Transition Committee is still unconvinced that we are on the right track but I
think he represents a small minority of property owners.
As you may have heard, the County apparently intends to dump all pending planning
cases in our lap on April 1. This seems unnecessary and awkward but feel confident Jim's
team can handle it well. Of course the County does want to keep the Building Permits
now in the pipeline because they will produce a small surplus. More on that later.
Public Works Contracts- Dick will review the some minor contract services not covered
by the master Road Contract that he described last Tuesday night.
Building Codes. Bob has met with a couple of the Building Associations which has
resulted in some changes that were mutually acceptable. Thus, unless there is some
surprise waiting, this part should go pretty well. Inc incidentally, you will note that fees
are omitted from the codes because we are incorporating these into a Master Fee
resolution which you will get in the next week or two.
Ps I had a call from Jan Durkee asking if Stan S was making a presentation regarding the
SPFD. I said was not aware of any such presentation and it's not on the agenda but that
he might respond to any questions raised by council.
3. Veterinary fees
4. Destruction of dog
1. Impoundment fees
1.1 Vicious dog impoundment fee
2. Care and sustenance (per day or
portion thereof. To commence at
midnight on the day of impoundment)
SCHEDULE "C"
Page 16 of Bylaw Number 23M89
AMOUNT TO BE PAID TO ANIMAL SERVICES SUPERVISOR BY OWNER OF ANIMAL
IN ORDER TO RECLAIM OR DESTROY A DOG AT THE ANIMAL SERVICES CENcIfff
..._.,, _ .
-----„,. -.,
i:.:.".":
,„V
C "4-/
! -, ;$25.00
it'j• /11"j
$250.00
$ 7.00
amount expended
$40.00
(B/L 34M91, 1991 September 4)
SECTION OFFENCE PENALTYA
Section 3 Running at Large $1,0Q.00
Section 4(a) (1) Biting a person(s)
(ii) Injure a person(s)
(iii) Chasing a person(s)
(iv) Biting, barking at, chasing
stock, bicycles, automobiles
or other vehicles
(v) Barking, howling or disturbing
(vi) Damage to property or other
animal
Upsetting waste receptacles
(viii) Dog unattended in motor
vehicle
(b),(c), (d) (iv) Dog in prohibited area
(d)(ii) Not under controMin d.es ;gnat d
area
�`' °,�
(e)
(f)
Section 5.0
Section 8
Sectio 4,3(a�
;a; = : �r
Secaoo t4
Sect 1(6
Section 17
SCHEDULE "D"
Defecation
Dog in watepark
Failure e, an. dog or vicious
dogx � ; mined y a licensed
f. A
vetennar►a e for rabies on the demand
gf4Bylaw En orcement Officer
Page 17 of Bylaw Number 23M89
35 0t , 0 0
X2 00 . .00
IROTCCO
$200.00
$100.00
$250.00
$100.00
$100.00
$100.00
$ 75.00
$100.00
$100.00
$500.00 per demand
Section 6(a) Un1Lcensed dog or vicious dog $250.00
(c) Giving false information when applying
for a dog license or vicious license $500.00
Dog not wearing license $25.00
Horse in prohibited area $100.00
Fowl disturbing the peace $100.00
Obstruction $500.00
Interference $500.00
SECTION
Minimum penalties with respect to vicious dogs.
Section 4.3 (a)
Section 4.3 (a)
Section 4.3 (b)
(d)
(f)
Section 7.1 (d)
Section 8.1
OFFENCE PENALTY
Vicious dog chasing, injuring,
or biting a person or animal
Vicious dog damaging or destroying
public or private property
Failure to keep a vicious dog
under the control of an adult perso
Failurelte.tattoo or implant
deg with electronic
identification microchip
Page 18 of Bylaw Number 23M89
;„p 500.00
Vl'000.00
$1,000.00
(c) (ii) Failure to keep a vicious dog $1,000.00
(c)(iii),(e) Failure to keep a viciousog
muzzled, harnessed aeasiied*r
properly = $1,000.00
Improper pen or o� tt,ier struct' re $1,000.00
e
•k \ `�"
Vicious dog running at large $1,000.00
Failure to not fy Ar Imal Services
Supet r if th 'dog is sold,
gifted, transferred or dies $250.00
$1,000.00
(B /L 34M90, 1990 July 24)
(B /L 34M91, 1991 September 4)
(B /L 16M92, 1992 May 25)
Respectfully,
Gitorga P
F
3POK•M( COUnT coy KOUfl
February 18, 2003
Mayor and City Council
City of Spokane Valley
11707 E Sprague Ave, #106
Spokane, WA 99206
Dear Mayor DeVleming and City Council,
Nancy Hill
Animal Control Director
ANIMAL CONTROL
Nancy Hill
Director
(509) 477 -2532
2521 NORTH FLORA ROAD
SPOKANE, WASHINGTON 99216
Spokane County Animal Control congratulates you on your work for the new city of
Spokane Valley. It is a pleasure to have the opportunity to work with you and to share
our ideas regarding animal control services for the new city.
I have prepared a packet of information about our department. 1 hope that the power
point presentation along with the packet will familiarize you with our operation and
services.
My staff and I look forward to providing you with prompt professional animal control
services both now and in the future. Please feel free to contact me if you need any
additional information.
Field Services:
Animal Control Services
All field services are provided during normal hours of operation:
Normal hours of operation- animal control officer on duty:
Monday — Friday 7:00 AM— 6:00 PM & Saturday 9:00 AM— 5:00 AM— except holidays
• Dog at large complaints
• Cat at large on private property
• Dog barking
• Dog or cat no license
• Dog or cat no rabies vaccination
• Dog threatens person
• Dog threatens domestic animal
• Dog or cat bite
• Injured dog or cat
• Sick dog or cat
• Agency assist
• Abandoned animal
• Animal cruelty
• Dead on arrival dog or cat
• Confined dog or cat
• Trapping dog or cat
• Vicious dog
• Kennel inspections
• Dangerous dog inspections
• Inherently dangerous mammal or reptile inspections
• Other as deemed necessary by the department
Emergency services only after normal hours of operation:
• Injured or sick dog /cat.
• Dog /cat bite — dog /cat is still at large.
• Dog bite — severe dog bite (victim is in hospital and dog will need to be
quarantined immediately in the county shelter).
• Vicious or threatening dog — dog threatens persons or domestic animals and
is still at large.
• Animal in our humane trap that is making a disturbance or injuring itself.
• Other law enforcement agency requests our assistance when animals are
involved.
• Other emergency such as extreme cruelty, pet dying in a hot vehicle, etc.
• Exotic DANGEROUS PET at large (i.e.; cougar, tiger, wolf, bear, etc.).
• Multiple calls on same problem — animal control officer on cal! will evaluate
and stake a determination on whether to respond.
Shelter Services:
Shelter hours:
Monday, Tuesday, Thursday and Friday 10:00 AM — 5:30 PM & Saturday 1:00 PM —
4:30 PM — closed Wednesday, Sunday and holidays
Full service animal shelter —
• Housing dog/cat — occasional other animal
• Pet license program
• After hours animal receiving room
• Animal redemptions
• Adoption program
• Volunteer program
• Dog training program
• Trapping program
• Crematorium on site
Educational Services:
• Dog bite prevention program - elementary schools and service workers
• School career fair participation
• Specialty presentations available upon request
• Public service announcements — newspaper, radio, television
• Community outreach — fair booth, license clinics, special events, etc.
• Website
•
•
13U
Director
Staff Assistant
Secretary
Animal Control Officers -- 6
Animal Control Assistants -- 3.5
Kennel Maintenance Officer
Kennel Maintenance Assistants -- 2
Animal License Agents -- 1.6
Budgeted Overtime Costs
$86,110
$47,841
$46,240
$321,579
$121,245
$43,711
$64,047
$63,252
$16,448
Based on 2003 Budget
$810,473
Maintenance & Operations
Actual Costs 2002
Supplies
$56,510
Uniforms
$5,203
Professional Services
$8,214
TelephonelAnswering Service & Cell
$11,426
Postage
$20,817
Advertising
$5,869
Training
$2,143
Repair & Maintenance of Equipment
$8,182
Dues & Membership Fees
$319
Printing
$5,704
Vehicle Expense
$46,068
Insurance Expense
$1,114
Utility Services
$2,454
Parking Permit
$144
Based on 2002 adopted budget Total
$174,167
Equipment & Technology Updates
Stainless Steel Pet Bowls
$917
Digital Pagers 11 @ 98.00 each
$1,078
Floor Machine
$6,737
Projected needs for 2003 Total
$8,732
Cost Allocations*
$211,652
Iudes benefits
Spokane Couni ; Control
Departn ,,_ p penses
Revised February 18, 2003
Adop for 2003
Totals $1,205,024
'Based on OMB -A -87 Cost Plan -- 2003 Includes credit for building and equipment depreciation.
Pet Licenses
$312,262
Pet Adoptions
$17,000
Animal Shelter Fees
$47,000
Animal Control Services
$23,574
Investment Interest
$3,422
Animal Sale
$9,353
Violations
$9,000
Total
$421,611
ifications
Spokane Courfty Animal Control
Revenue Projections for 2003
Revised February 18, 2003
Estimate
Cost for providing the current level of service to the City of Spokane Valley.
Department Expenses
Department Revenues
Cost of Animal Control
Spokane Couriy'Animal Control
Revised February 18, 2003
$1,205,024
$421,611
$783,413 X 48.69% = $381,444
Spokane County Animal Control currently provides 48.69% of it's services within the city limits of Spokane Valley.
The cost to the city of Spokane Valley is based on estimated expenses offset by projected revenues.
Service
Spokane Valley
Our Weight
Total
Request for service — ACO
49.34%
40%
19.74%
Animal Impounds
47.64%
35%
16.67%
Investigations
48.25%
15%
7.24%
Emergency calls
48.51%
7%
3.40%
Trapping Program
54.17%
3%
1.63%
Total
48.69%
Spokane County Animal Control
Time Study — Percentages for the City of Spokane Valley
2002 Actual
$31,613
S10,247
2003 Projected
$80,000
$80,000
Sterilization Fund
Spokane County Animal Shelter
5.04.170 Spaying and Neutering Services
(1) Three dollars ($3.00) of every dog and cat license shall be set aside each year
to be used solely for the purpose of implementing a spaying and neutering
program of licensed dogs and cats residing within Spokane County. The
Spokane County Animal Control Director shall develop a spaying and
neutering program which shall determine the requirements for eligibility to
participate in the program.
(2) Spaying and neutering of licensed dogs and cats under this section shall be
voluntary with the animal's owner or keeper.
Year
Revenue
Expense
Adoption Fees: Cats $ 55.65
Dogs $ 74.97
(Includes sterilization, pet license, microchip, rabies vaccination,
collar & leash)
Kennel Fees:
Spokane County Animal Control
Fee Schedule
Private $ 75.00
Commercial $100.00
Late Penalty $ 25.00
Dangerous Dog: Annual Registration $100.00
Microchip Fee (Required) $ 25.00
Pet License Fees: Cats
Spayed/Neutered $ 8.00
Non Spayed/Neutered $ 18.00
Penalty $ 10.00
Replacement Tag $ 2.00
Redemption Fees:
Board Fees:
Dogs
Spayed/Neutered $ 13.00
Non Spayed/Neutered $ 28.00
Penalty $ 20.00
Replacement Tag $ 2.00
Cats & Dogs
1 Redemption
2" Redemption
3 Redemption
$ 25.00
$ 35.00
$ 55.00
Cats & Dogs $ 6.00 (per 24 hour period)
Release Fees: Cats $ 20.00
Cat with litter $ 40.00
Dogs $ 40.00
Dog with litter $ 80.00
Litter's of Puppies/Kittens $ 40.00
Trip Fees: Emergency Trip $50.00
Regular Trip $25.00
Voucher Program: Cats
Spay $ 45.00
Neuter $ 27.50
Dogs
Spay $ 50.00
Neuter $ 45.00
Adoption Rates
Dog Adoption: Adoption $ 12.97
Microchip $ 9.00
Rabies $ 5.00
Sterilization Fee $ 35.00
License Fee $ 13.00
Total $ 74.97
Cat Adoption: Adoption $ 8.65
Microchip $ 9.00
Rabies $ 5.00
Sterilization Fee $ 25.00
License Fee $ 8.00
Total $ 55.65
Key:
SPOKANE COUNTY ANIMAL CONTROL
TIME STUDY
U- Unincorporated Spokane County M- Millwood
SV- Spokane Valley C- Cheney
LL- Liberty Lake F- Fairchild Air Force Base
O -Other
VEST FOR VICE -- ANIMAL CONTROL OFFICER
JA'
•1
January
February
March
April
May
June
July
August
31
274
329
324
320
272
246
292
BER 31, 2002
1/16/2003
LL
C
F
TOTAL
SV
21
5
10
5
.: ,652.
291
7
N
• a , ; •,.„.,,,,,,,4 4 .
.. . .- ••.
313
1
8
.
328
1
11
2
.4 '66 ,
320
6
1
7
3 657y =
• ' i . il ['� w b ! 911 - 1
� 7'+ .3
341
14
8
7
5
:,,.. r ,.
...
338
91= 3.
4
15
1
ss�k �;..
29 2
11
5
9
3
... C •,.{:
VEST FOR VICE -- ANIMAL CONTROL OFFICER
JA'
•1
January
February
March
April
May
June
July
August
31
274
329
324
320
272
246
292
BER 31, 2002
1/16/2003
REQUEST FOR SERVICE -- ANIMAL CONTROL OFFICER
CONTINUED
LL
M
M
1
0
8
C
c
4
10
15
11
F
F
9
14
3
3
TOTAL
TOTAL
7550
6
6
5
5
1/16/2003
U
SV
September
352
341
October
295
328
November
282
263
December
248
249
TOTAL
, X354 k �_
�
TOTAL °
`,toY' ,( F �"�� ' ■
i ;"
9..s
it;; .r",.i * :k 4
0
a i
REQUEST FOR SERVICE -- ANIMAL CONTROL OFFICER
CONTINUED
LL
M
M
1
0
8
C
c
4
10
15
11
F
F
9
14
3
3
TOTAL
TOTAL
7550
6
6
5
5
1/16/2003
ANIMAL IMPOUNDS
JUNE 1 TO DECEMBER 31, 2002
TOTAL DOGS
TOTAL CATS
TOTAL
FERAL CATS
TOTAL
OTHER
ANIMALS
TOTAL
TOTAL %
U
752
843
333
105
SV
826
1090
201
31
pp,1.1
LL
31
40
1
0
M
25
37
1
1
; r
411.; • ' ■ i 4ss^
"=.•
,• f.
T
69
66
6
6
147
F
19
18
8
0
45
TOTAL
Q9
INVESTIGATIONS GENERATED
JANUARY 1 TO DECEMBER 31, 2002
U
SV
441 6
LL
h 06.3 ✓o`�
M
C
F
TOTAL
TRAPS LOANED OUT
JUNE 1 TO DECEMBER 31, 2002
U
SV
icitr
cta, 07
LL
•
M
C
•
F
TOTAL
240...
EMERGENC'k CALLS
JUNE 1 TO DECEMBER 31, 2002
JUNE
JULY
AUGUST
SEPT.
OCTOBER
NOVEMBER
DECEMBER
TOTAL
TOTAL %
U
3
7
7
6
6
10
6
SV
9
9
4
8
4
10
6
LL
0
0
0
0
1
0
1
M
0
0
1
0
0
0
0
C
0
0
0
0
0
0
1
F
0
0
1
0
2
0
0
TOTAL
x';100;:00%
OTHER ANIMALS
EXAMPLE
Bat Duck Pot Bellied Pig
Bird Fawn Pygmy Goat
Canadian Geese Ferret Rabbit
Chicken Goat Raccoon
Coyote Guinea Pig Rat
Deer Sheep
Today's Presentation
• Mission & Purpose
Operations
Our Shelter
c Enforcement
What Happens When?
City of Spokane Valley & Our Department
Questions
irmit -=
It is our mission to
Mission Statement
Protect public safety and ensure animal
welfare through compassionate, responsive,
professional enforcement of laws and public
policy.
Spokane County Animal Control
Our purpose-
• To protect public safety.
• To promote responsible pet ownership.
ry To enforce applicable animal ordinances in Spokane.
County and the does that we serve.
A To care for all anima', h. -use a c -.:r > hl =. ler,
doing everything poss:ule to return t,' t:� t eu
owners or io adopt the into new homes.
• To provide the best'servic es possible to the
residents of the communities that we serve.
• To end euthanasia as a form of pet overpopuiabon
control in our community.
Animal Control Today
• Provide service to 205,200 people in our
contract cities and unincorporated areas
Currently cover 1,725 square miles
Professional staff dedicated to the animals
and the citizens that we serve
• Emphasis on quality and customer
satisfaction
Operating Budget
• Total operating budget of S1,205,024.
3 Expected revenue for 2003 is over $400,000.
We will give back to our community $3.00 of
every pet license soki for the purpose of the
sterilization of our communities pets
• We provide animal control services and pet
licensing to the unincorporated areas of
Spokane County. The Town of Millwood, the
City of Cheney, and Fairchild Air Force Base
Spokane County Animal Control
Education
MOM
• Dog bite prevention programs offered to area .
elementary schools. ' .#� ' 11`±*
to Animal safety lasses also providedfo
service workers such as postal, meter
readers, etc.
• Public service announcements on cable
television promoting responsible pet
ownership.
Location & Hours of Operation
• Our facility is located in east valley at 2521
N. Flora Road.
• Our shelter is open 10:00 a.m. to 5:30 p.m.
weekdays,1:00 p.m. to 4:30 p.m. Saturdays
and dosed on Wednesday and Sunday.
• We provide emergency service 24 hags per
day, 7 days a week to the communities that
we serve.
Spokane County Animal Control
Our Facility
T • Full service animal shelter
• Recently completed a 4 phase remodel project
• New administrative offices L
• After hours animaliaceperng room
• Crematorium • f .
• New cat room
• Volunteer center •
• Pet gel acquainted areas ,
• Animal isolation room
• Pet play yards
Spokane County Animal Control
Staff
• Animal comp'. erector
• Staff assistant
• Six animal control officers
• 3.5 office assistants and a secretary to serve visitors
to our shelter and to handle the bulk of phone calls
• Three kennel maintenance personnel to care for the
animals, our building, and the grounds •
• t.tiarwnal license agents
Pet Licensing Program
• A pet license is your pets phone call home!
• 8,688 cats currently licensed.
• 23,060 dogs currently licensed
• Pet licenses are available through the mail, at
many vet offices, at the shelter, and can also
be purchased at your home through our
canvas program.
Z. ,.
•
Spokane County Animal Control
Adoption Program
Active Adoption Program:
• Assure that alt pets adopted from am shelter
are slerilwed
• rimer aelmal beha for training with a Certified
dog tracer
• Provide per owners With information DnhOW
to handle behavior prodems — barring,
diapng etc.
• Work rilli many rescue Taupe to gave shelter animals
an increased opportunity frx placement r ' _ .y
Volunteer Program
Offer a variety of volunt
• Office duties
• Kennel maintenance and grounds care
• Animal socializing
■ Dog walking and training
We currently have a staff of 50 volunteers
Spokane County Animal Control
Animal Control Officers
• Hold a special deputy one commission from
the Spokane County Sheriffs Department.
• Are trained in animal behavior, animal
husbandry and law enforcement
• Handle routine calls during regular operating
hours.
• Provide emergency services after hours —
evenings, weekends, and holidays.
Spokane County Animal Control
Animal Control Services
We respond to complaints regarding:
• Deg atilt*
• Gaut tampon prtisrte property
• Dog Im 10
• Dog Ihrgateritig people andlor
• Dog or t brim
• Wasted or aid dogtat
Animal Welty corrptai
• Conk* doporcal
• Abanddngd animals
• aver agency acstsls
• Dead on erne.* (ez1 or cat
Our Officers also:
• Provide inspections for both private
and oonvnercial kennels.
• Inspect homes end enclosures that h use
dangerous dogs
• Inspect . tisidenoes.vi sere inherently
dangerous mammals or reptiles,reside.
Spokane County Animal Control
Emergency Calls
• Injured/sick dogs or cats
• 'Vicious animals at large
• Severe dog bites and bites when dog is still at large
a Animal Cruelty complaints
• Other agency assists
'Vicious animals are those that are a threa'
to the public — people or other animals
r
Routine Calls
b Dog /Cat confined tn a trap
• Confined dogs
Routine animal at large complaints or other
nuisance complaints
▪ Investigation for issuance of infractionimodemeanor
charges
Patrol school grounds and bus stops
• Dead on amval dogs/cats
• Area patrols and trap deliveries
?u.br. Gr. co Want enowass -rIn an .1 C Gv n aiTam
mired Op H oaftrokip i Mr tow t ■ OQA swro a vi sob* Due*
� • ice. �ry "04,2 :.
Spokane County Animal Control
What happens when you call?
Mime wirdSerwias n Ooadldon a canpigid s
• Al complaints se entered in a Mfg and arisgned to an anima
control otfker
• Complaints are prioritized and higher priory complaints are
handled first.
• Al. complaints are responded is n a :only warmer.
• On routine nuisance corplrsnts animal control officers cn a
fist visit usually try and educate the pet owner and provide
them rah information an the law and sdubons to the
protean,.
• Second nuisance pmpairas may result 1n the anrnal control
officer taking a statement kom the complainant and possttly
issuing a citation to the oe1 owner.
• Turd nuisance =plants generally result in a ataton being
issued.
• It art officer Is resptodng to a eomplaa of a loose dog they may
impound the arena' it Its mmning loose when they arrive
Officers hy and return loose animals to their owners kom the he'd
when possitie.
• le A first call on a barging prob!erm generates a taper to the dog
caner regarding the complaint and tie law —Mooed is a helpful
hints brochure Second barking complaints result in a persona:
visit to the dcg owner by an officer andlbr a citation may be
Issued. Third complaints usually result in a dation.c•••••i
wanbrpwaam an MWdblew a47 doh Orttr; atlas. lives mddu•alvn
An officer invesbgaes all cruelty complaints ()fibers 16Ong
aa;reme animal cruelly may get a warrant and remore the
animal for veeter,nary treatment and sa
• Dogs causng severe njuy to a human, tiling a domestic
animal or dogs previously deeded potentially dangerous
may be deemed dangerous and Impounded — pending
registration requirements —10 insure pubic safety
• Dogs+cats hvohed in a one are querantned for t0-day
rabes observation period. Horne quarantine is abowed and
Ithe Spokane County Health District verifies the animals
health at the end of the observation period.
Spokane County Animal Control
■ Neighborhoods that have chronic problarns with dogs
running at large wit be patrolled whenever possible.
. Feral cats ere usualy trapped. Traps ere available to the
public al no change (a $20 refundable deposit ill co ected) -
traps are checked cut for a we at atime. Trapped cats
can be brought nto the shelter and will be removed from the
trap by staff_
These re warm pnpeiva ray tea deprheent Anwpw'=Pcu a ed en
esad sciense - Me my 1114 does not hacpso envy Imo -na
sib Mons are e1ect i a Mmat Mild agars 44* common s■dte t l
dnesepee r ads seams up ro a Pe toed setalno ' eta praetor bM
camunotysrd1M e+imds.
City of Spokane Valley
Sews Vetter Weiaht
Rev .& w ■we.
1t34% 40p3% 14174%
Anhui rM woo 47 54 %' - se* if 87%
rtniti oc44 482511 tso %, 724%
£ rra+eeq 4 7 a 48 St% O% 3arr%
T 4 441 - Gay d Sp oka T1100,9 9 p00011" N 0•41 3 OM t b3%
• Wiry a SIN
n
Spokane County Animal Control
Cost — Current Level of Service
Department Expenses 51,205,024
Department Revenues - $ 421,811
Cost of Animal Control $ 783,413
The cost to the City of Spokane Valley Is:
$783,413 X 48.69% ■ $ 381,444
Cost 6 based on projected expenses offsal Cy myected
revenues.
w
Finance /Services
Features & Benefits
• No capital start-up cosh
— Saves up front casts of vehicles &
equipment
— Saves construction costs
— Saves up front costs of communications
infrastructure— dispatch, pagers, cell
phones
maw he cey d spaa weep. a 5eaa,e Camk Awe by ode to
Oat old wneromar
]J
What do you get with Spokane
County Animal Control?
ir—
• A culture you already know and who knows
you!
a An agency filled with highly trained and
experienced law enforcement professionals!
■ Access to depth of Spokane County Animal
Control's resources!
• An agency that has historically done a great
job and is highly respected by its citizens!
Spokane County Animal Control
Spokane County Animal Control
•
•
•
,___ ■ ce,c s--
C -- 0 --NY c) \
License Campaign
Spokane County
Animal Control
Based on Caepary Animal Services and Bylaws
"ZERO^ Tokronor Program
Calgary's Philosophy
Our Pbllosofrhyr
We enamel rapamptk pet
ownership through Incrncmt, public
education ad en revetment Animal
Sen•im is supported Uua¢ license
ard penalty r►vranre -not nrx Collars
Calgary Animal Control
Operations -Bylaw
tnlorcament
4_ rr••rte *wmphlob MOW wq. M - u
bar
Ampnl Compel Wow
s+moa 4
M lophamp ri aridli
A/mpM e.flmps
Imam. at fug*
/rC.ARS'
1
Calgary's Operating Budget
Operating dudpat
fJ ♦..1u marl worms. A.yi..
1.1 nob. r. f.1.d ',p.r.n�
yam. _J .411 1..{ro.l
•12 ....b.. I...s w11...11
Calgary's Statistics
Who lives la Calgary?
c.w,*. %ow..
Cal phpsbolec
Mir
11.(p1.1.1 .
Calgary Animal Services
2
Calgary Animal Services
Dogs Impounded Under the Animal Control
Bylaw 2001
•5071 dogs impounded
•4426 returned to owniff 86 °/.
• 1492 driven directly Filmic 33% .,
•436 adopted A%
•188 cuthaniwed 3'7
The DM.. Her Program h....e
11+9
Calgary Animal Services
trhp»itinn of Impounded I1ng% 1984 -28K)1
.._
Calgary Animal Services
Dl%pnitkm of Impounded Cats 1991 -2001
Calgary Admin. Services
• 1 fi Customer Service Sutff
Take customer c nrplands
Take kM asid fand re nrs
Conduct searches fur evn■ena of rmpoM n fl1 annuls
Crearc, upstate li.ssrin a acuums and process kee
Disposition dogs and cos bent teleatal Of adop cd
Itovidte Qentral in tornunon rd *situ:we to ctalanen
•1 lisratch
Dispatches calla to Officers in Lite field
Calgary Admin. Services
.1 iceminh (3 run little rta11)
J000 renewals routed cut r. cry month
PrOetl[ onlvrc lac nso. applwalloro, and apylncauom
zoned via mad
Take (on wane) 100 -500 cal It per day
•Annnal ftealth Technok.gr.ls (5 full tome, 4 part time)
Proszde drily care Re wrpounde l woman
C1eanittp'etiaare cants
Adoption ammelint
Maim viii aa in hedtAtanperament
checking of all iovaunded animals
Calgary Educational Program
toll Me Puhhc 1-ducwnn AJ ors. 1 Public t-ducation ('Mrdinalor
• School and aatmarmity pro$rare an safety and eaporeible pa
•Anima Socialization Waimea Program
•Educatiaul mYaial mad displays
*Web site ww% goy caliper). ab coananatscro c
-sww pawsfiafat. can
• Publ.e Awuom Campaigns
4
Calgary Licensing Program
• Why is dog licensing so Important?
• Why is our program a success?
• Legislation
• Education /Public Awareness
Calgary Licensing Program
Why is licensing so important?
• Pladng responsibility back on the
owner
• Changing attitudes -long term
• Getting the animals back home
• health of the animals at risk the
longer they stay In the shelter
• euthanasia rates decrease
Calgary Licensing Program
Why is our program a
success?
• Combination of effective legislation
and education programs
5
Calgary Legislation
• Calgary's Animal Control Bylaw
• $37.50 for an unaltered dog
• $23.50 for a spayed or neutered dog
• all dogs 3 months of age must be
licensed (annually)
• Fine for owning an unlicensed dog is
$250.00
• Zero Tolerance Policy
Calgary Legislation
1999 Public Education Campaign -Zero
Tolerance
• The PR and advertising : ampalgn ran from July 1 to
September 15
• A This campaign otttaelly launched our 'No Tolerance' pokey
• `rnoralonurn' on prosecutor and bantdown of abets Wes held
during this time warring dog owners d they cad not get a license
by September 15^, Day wcnld be attornatica Iy awed a
I2So CO Pre
• The cerncelgn succeeaed'n tnngirg up the numbers of
Season dogs This hea y penalty based mes -sap+ was
appropnale kw this frs1 trio Wiz
Calgary Campaign
2001 Public Education Campaign -Does
your dog have a license?
• The campaign ran from Oclotgr 1 to November 15 Z(Y)1
• Essentially the draw Was • '48 hoer grace pencil' for owners
ol uniCetsed dogs to seaire a license The tows was on
palling up on afttprpmere n leer of w rx) tolerance policy
the program generated quite a cumber of new licensed or
res1lM ed lapse license,
6
Calgary Campaign
2002 public Education Campaign-My License
is my Ticket Horne
• A local rnarketng campei9n with a lxue cr1 rewarding
responsible owners and pvorrgang voiuntary corrpltance
• Officers will be free tc issue files at their discretion, ano the
No-Tolerance Pticy w10 remain in effect. This carrpapn takes
rie toad savoy from 11 heavy Fund of enfaooment by
errpnstcng the need for licensing fa dogs, dog owners and
n tact, as CaSgarans
• The type of carrpagn w,n lay me rotndauon for the up+ootrr g
al idenUaatxin rssu
Spokane County
Animal Control
Missor Statement
11 ou m•. ,I
awed pubic rated' and ensue s rna
setae Amur ssitpassonors responsive.
perdesocnn erdorterned dwr end preset
r>�
Spokane County
Animal Control Today
• Rake strike la 206.200 wee In ow
carted des and vecvyvfd arms
• Camay cow 1 725 paws raps
• RdemW stall *Waled lo M wish
adM Arens Msewoo
• breha is on quaky mid miaow
aaesfcsa+
7
Spokane County
Operating Budget
• 'oral owing Wirt of $1,205,024
• Erp.Md MONO la 2007 . a over $400,000
YM rt qa• bad b our cam.-Ay $3 a
every ool icon., sold b the woos* of h
sMlIzaSom of air o m unO., pats
• Ws mania animal mr•4 SWAM and pr
kersi'q b the W•nCapaasd ryas of
Spears Corm. Toe Tor of NMaod the
Cds •o< Cr•n•f and Far:hk Ae Faa Bahr
Spokane County
Animal Control Services
we respond er oovants rega ng
• 0h••Me•
• ▪ peaswsa
• 0See s•• ow*
• 6es•r.,•
• woes M MAO
• Oralask
• Cereal M•M
• af•sMOewhr
• tillw moo ors
• Noes rar sr.•s
Pet License Fees
• Dogs:
• Non
• Neutered /Spayed
• Cats:
• Non - Neutered
• Neutered /Spayed
$28.00
$ 13.00
$ 18.00
$ 8.00
• /e.slr if 0 $ ) JO M• ao9 0+0 110 0o p.r C. mN be cfl �1
fM VAC N r 140 .1Cen5 of per S.70.0 * CJVnri Ar Jre!'run.
nor 1•'r en.
aw .tens un re A•rmarse At may Nnnremahr tlfaro•S r Q Spat.^..'"
eG1.p•9 •w me np• Ctv Y Scow* vary.
8
Pet Population
uMnc..yer.e.d !,.elan. Comes - rKlud.. ay.koh.. Valley
Human Population = 199,135
Number of Households = 78,092
*Estimate of Cats - 55,758
'Estimate of Dogs • 51,775
• Based on data from the U.S Census Bureau and
The National Pet Population Study and Po %Icy.
Pet Population Formula
• Cm . a a hou.M.Ids ti nylon X 34,9b X Ls . 0I a +►ullal+on
Thus reU/Y b M. Ma Nat n, 7OOO 34% of hooMol s owner cos
and there was an average N 2.1 cats pet 11a1diatsaid
• Dom • 1 of hoaooh.nda M nyloe x 311% X 1.7 = dos p.yulallen
77Us K bawd an Mt Ma NH M 200O 3946 of households owraa Cats •r.a
Nero wn an overage N 1.7 per household.
Based on data from the U.S. Census &meI, and The National pet
population Study and PONCy. TlWS wW Ore a general estimate o/
animals. The formula !s based on averages In the entre country.
There may bt tome re'oru Nat ars not tylacal and would vary
from th6 ratBo* hvmula.
Spokane County Vs Calgary
1100,000
.00.000
700,000
600,000
500,000
.00.000
300,000
200,000
100,000
0
Population Calgary
Spokane
9
Pet Population Study
133.113344 OM * 11.00/ M 11. 11..444400
0041.4• 4.341 • 100114 I•1.. 444.3.44 • T* O11
413 O.I. • 11.741 I4141 CA. • 91_1,
w.wr O.'1. • ZIA• (4$4S)
....y C.• • IAII 11414%)
10.1 Gall
144.4414. M.4. • 1,1144 ..........n • H: i V'
T.a1 Deo • IMAM 4433 1443 • 1110 4.11
Law/ */I1 (M 4343
uaar CMS • 11,00 171 1.0
0✓4 Ow.•.
M.M.. brti•M,M 1..14 a 1.4 - 44.44. - 141,
014M134!•431111 41.1C.a. 114
1.4413341 Ow •]4111100u4I
11041341 CA. • 11.70 (14 (7•I
Tommie 11.3•••••<4.1. - Plane °wn11.3•••••<4.1. 13444.0 lanai • SWIM 1..... M 43..413414..114, P11
TM• b'. 164101 lo W4.3334 11]100*
Wood 6 00. 11.0» ip 4,1
13.•..141•• 11,141 111 1411
Spokane County
Benefits of Pet Licensing
• The license is the pet's phone call home If K is
ever lost.
• Licensing is the primary source of revenue that
funds animal control programs.
• Licensed animals are more readily retumed to
their owner and spend less time in the shelter.
• Reduces euthanasia of unclaimed animals.
10
Spokane County
The Goal:
To end the euthanasia of
adoptable animals while
providing prompt professional
cost effective animal control and
care services to the community.
Spokane County
Implementing The Plan!
• Adopt a zero tolerance policy on unlicensed pets
- owners of these pets will be cited.
• Raise the fine for having an unlicensed pet from
$76.00 to $200.00
• Make this a community wide campaign and
Invite all jurisdictions in Spokane County to
participate.
60 Day Amnesty Period
Implement a major pet license
advertising campaign to Include:
4 Newspaper, radio and television
advertising
4 Bulk mailings
No citations for unlicensed pet owners
during amnesty period!
11
12
ANIMAL ORDINANCE
SPOKANE COUNTY ANIMAL CONTROL
TITLE 5
ANIMALS
Chapters:
5.04
5.08
5.1Z
Sections
5.04.010
5.04.020
5.04.030
5.04.031
5.04.0301
5.04.032
5.04.033
5.04.035
5.04.036
5.04.040
5.04.042
5.04.043
5.04.050
5.04.060
5.04.065
5.04.066
5.04.067
5.04.070
5.04.071
5.04.072
5.04.073
5.04.074
5.04.075
5.04.076
5.04.077
5.04.078
Dogs and Cats
Range Areas
Inherently Dangerous Mammals and Reptiles
Purpose.
Definitions.
Dog license -- Required.
Cat license -- Required.
Dog/Cat Rabies Vaccination Required
Dangerous Dog -- Hearing and Appeal.
Potentially Dangerous Dog -- Hearing and Appeal.
Registrations of dangerous dogs-Requirements
and annual fee.
Dangerous Does – Identification.
Unlawful use of tags.
Commercial kennels.
Private kennels.
Enforcement power.
Impounding of dogs.
Animal Adoption -- Agreement to spay /neuter.
Impounding of cats.
Control of cats.
Control of dogs.
Violations as infractions -- Exceptions.
Notice of infraction – Issuance.
Notice of infarctions -- Determination final
unless contested- -Form.
Response to notice of infraction -- Contesting
determination -- hearing -- failure to respond
or appear.
Hearings- -Rubs of prohxdare- •Counsel.
Hearings -- Contesting determination that in.
fraction committed -- Appeal.
Hearings -- Explanation of mitigating circumstances.
Order o1'eourt- -Civil nature -- Waiver, reduction, suspension of
penalty— Community service in lieu of penalty.
5.04.079 Notice of infraction – Person's failure to respond-
Misdemeanor.
5.04.0791 Person receiving notice -- Identification and detention.
5.04.0792 Failure to Obey Instructions of an Officer
5.04.090 Animal Control Director or hislher designee -- Issuance of criminal
citation.
5.04.110 Redemption procedures.
5.04.120 Removal of vicious dogs.
5.04.130 Pcnaltics.
5.04.131 Violation as constituting a public nuisance.
5.04.140 Fcc Setting Authority
5.04.150 Duty Whcn Striking Domestic Animal With Motor Vehicle
5.04.160 Animal Bites To 13c Reported
5.04.170 Spaying and Neutering Services
5.04.900 Severability
5.04.910 Effective date -- Preservation of existing cases.
5.04.010 Purpose.
It is the public policy of Spokane County to secure and maintain such levels of
animal control within the uninoorpotated areas of Spokane County as will protect human
health and safety. and to the greatest degree practicable to prevent injury to property. To
this end, it is the purpose of this chapter to provide a means of licensing dogs /cats and
controlling errant Jog/cat behavior so that it shall not become a public nuisance.
It is also the policy of Spokane County to prevent the inhumane treatment of
animals. Therefore, it is also the purpose of this chapter to provide for the humane use,
care, and treatment of animals to the end that cruelty to such animals will be reduced or
eliminated.
5.04.020 Definitions.
In construing provisions of this chapter, except where otherwise plainly declared or
clearly apparent from the context, words used in this chapter shall be given their common
and ordinary m eaning and in addition, the following definitions shall apply:
(I) "Abatement" means the termination of any violation by reasonable and Lawful
means determined by the animal control officer in order that a person or persons
presumed to he the owner or keeper shall comply with this chapter.
(2) "Animal" means any nonhuman mammal, bird, reptile, or amphibian.
(3) "Animal Control" or "Spokane County Animal Control' means that
deparune nt established by the hoard of county commissioners by resolution to administer
and enforce the provisions of this chapter. Its director shall be referred to hereinafter as the
"animal control director" or "director." An "animal control officer" is any person
designated by thc animal control director and employed or appointed by the Board of
County Commissioners of Spokane County for the purpose of administering or aiding in the
enforcement of this chapter.
(4) "Animal Shelter" means a facility which is used to house or contain stray,
homeless. abandoned or unwanted animals, and which is owned, operated or maintained by
a public body, an established humane society, animal welfare society, society for the
prevention of cruelty to animals or other nonprofit organization devoted to the welfare,
protection, and humane treatment of animals.
(5) At large" means a dog which is physically olT the premises of the owner or
keeper of the dog , and which is not secured by u leash which is under the control of the
owner or the keeper nut exceeding eight feet in length; provided, "at large" dues not include
dogs exhibited in dog shows, field trials, obedience training or trials, or the training of
dogs therefore; or the use of a dog under the supervision of a person to hunt, to chase or
tree predatory animals or game birds; or the use of a dog to control or protect livestock or
property or in other agricultural activities; or a dog or cat when otherwise safely and
securely confined or completely controlled within or upon any vehicle; or dogs used by law
enforcement agencies.
(6) "Cat" means a domesticated Fclis catus, and includes both male and female
arts.
(7) "Commercial kennel" means a place where five (5) or more dogs or cats are
boarded, bred, bought, sold, exhibited or trained for compensation, but not including a pct
shop, animal shelter or veterinary clinic/hospital where boarding is incidental to treatment.
(8) "Danecrous dog" means any dog that (a) inflicts severe injury an a human
being without provocation on public or private property, (b) inflicts severe injury on or kills
an anitnal without provocation while the dog is aff due owner's or keeper's property, or (c)
has previously been found to be potentially dangerous, the owner or keeper having received
notice of such and the dog again aggressively bites, attacks, or endangers thc safety of
humans or animals. If two or more dogs jointly engage in any conduct described in this
subsection. thereby rendering proof of the individual dog that inflicted any particular injury
difficult to ascertain, then regardless attic deuce of participation by the individual dog(s),
all such does shall be deemed dangerous does. A dog shall not be declared dangerous if the
threat. injury, or damage was sustained by a person who, at the time, was committing a
willful trespass or other tort upon the premises occupied by thc owner or keeper of the doe,
or was tormenting. abusing or assaulting the dog, or has, in the past, been observed or
reported to have tormented, abused or assaulted the dog, or was committing or attempting
to commit a crime.
(9) "Dog" means a domesticated Canis familiar is, bred in a great many varieties,
including wolf hybrids.
(10) "Euthanasia" means the humane destruction of an animal ar oinplishcd by a
method that involves instantaneous unconsciousness and immediate death, or by a method
that causes painless loss of consciousness, and death during such loss of consciousness.
(1 1) "Exhibits vicious propensities" means:
(a) The infliction of a bite, or bites, on a human being or animal, either on public or
private property; or
(b) Killing an animal while off the dog owner's or keeper's property; Provided, the
above definition of propensities shall not include those situations described in RCW
I 6.08. l 00 (2) and (3).
(12) "License year" means license expires iwclvc(12) months from month of
purchase.
(13) "Microchip implant" means a passive electronic transponder that is injected
into an animal, subcutaneously, by means of a hypodermic -type syringe device. Each
microchip shall contain a unique and original number that is read by an electronic scanning
device for purposcs of animal identification and recovery by thc animal's owners. The
microchip implant shall be supplied with an exterior collar -type tag for purposes of an
external means of notifying others that the animal has been implanted with a microchip.
(14) "Owner or Keeper" means any person, firm, corporation, organization, or
department possessing, harboring keeping, having an interest in, or having control or
custody of an animal, regardless of whether the animal is licensed pursuant to this
ordinance.
(15) "Pct Shop" means an establishment where animals bred offthe premises arc
offered for sale to the public.
(16) "Potentially dangerous dog ", means any dog that when unprovoked: (a)
Inflicts bites on a human or animal either on public or private property, or (b) chases or
approaches a person upon the streets. sidewalks, or any public grounds in u menacing
fashion or apparent attitude of attack, or (c) any dog with a known propensity, tendency, or
disposition to attack unprovoked, to cause injury or otherwise to threaten the safety of
humans or animals.
(17) "Premises" means the arca of land surrounding a house, or dwelling unit or
units, and actually or by legal construction forming an enclosure with it and to which the
owner or keeper of a dog has u legal and equitable right therein. "Premises" does not
extend into areas of common ownership or use in the cast of easements, trailers parks,
apartment complexes, private communities, etc.
(18) "Private kennel' means a place, other than an animal shelter, where five (5) to
eight (8) dogs or cats (over six months old) are kept for personal or non - commercial
purposes. If more than eight (8) dogs or cats (over six months old) are kept at a private
kennel, then such establishment shall be deemed a "commercial kennel," regardless of
whether the owner or keep receives compensation.
(19) "Proof of vaccination' means a health or rabies certificate issued by a licensed
veterinarian,
(20) "Proper enclosure of a dangerous dog" means, while on the owner's or
keepers property, a dangerous dog shall be securely confined indoors or in a securely
enclosed and locked pen or structure, suitable to prevent the entry of young children and
designed to prevent the animal from escaping. Such pen or structure shall have secure sides
and a secure top and bottom enclosure., and shall also provide protection from the elements
for a dog.
(21) "Severe injury" means any physical injury that results in broken bones or
lacerations requiring multiple sutures or surgery.
(22) "Spokane County" means the unincorporated area Of Spokane County
Washington_
5.04.030 Dog License -- Required.
(a) All dogs six months of age or older harbored, kept or maintained in Spokane
County shall be licensed. The annual license fee for each dog shall be ten dollars ($10.00)
for neutered /spayed dogs and twenty -five dollars (S25.00) for nanspaycd /nonneutered dogs.
A fee of three dollars ($3.00) shall be added to the above license fees for the purposes
identified in Section 5.04.170. A penalty of twenty dollars ($20.00) will be added to the
above license fees fur failure to timely obtain or renew a license as required by subsection
(d) of this section.. License fees may bc paid either to "county" or "private" licensing
outlets as designated by the Spokane County Animal Control Ditector. A service charge of
two dollars ($2.90) in addition to the regularly set ices may he collected and retained by all
"private" licensing outlets appointed by the Spokane County Animal Control Director for
each dog license issued. Upon payment of the license fee provided above, the licensing
outlet shall deliver to the owner or keeper of such dog, a license and metallic tag for each
dog licensed or kept.
(b) All licenses issued pursuant to this section shall be dated and numbered, and
shall hear the name of Spokane County, the name and address of the owner and keeper of
the dog license, and a description of the dog, including its color and sex. The metallic tag
shall bear a serial number corresponding with the number of the liccnsc, and the county or
part thereof for which it is issued. It shall be the duty of every owner or keeper of a dog to
keep a substantial collar on the dog and to keep firmly attached thereto the metallic tag f
the current licensing year. There shall he a fee of two dollars ($2.00) for replacement of
any lost license.
(c) Any person wtto shall for the reason of securing a dog liccnsc falsely represent
whether thc dog is spayed /neutered or non - spayed /non- neuteretl shall be guilty of a
misdemeanor.
(d) Licenses must be renewed within twelve (12) months of the date the previous
liccnsc was issued_ A new liccnsc must he purchased within thirty (30) days after a dog was
first acquired by a person residing in Spokane County or brought into the county.
(e) All fees and fines collected under the provisions of this chapter other than
criminal fines shall be deposited in the county current expense fund.
(11 The county shall honor thc request by a blind person or hearing impaired person
not to be charged a fee to license his or her guide dog, or a request by a physically disabled
person not to be charged a fee to license his or her service dog.
(g) The owner or keeper of such dog shall provide Spokane County Animal Control
upon request with proof that the dog is currently licensed as provided by this chapter.
(h) Any increase in current dog licensing fees or penalties in this section shall
become effective on August 1, 2002.
5.04.0301 Dog/Cat to have current vaccination against rabies.
All dogs and cats six (6) months of age or older shall bc vaccinated against rabies.
The owner or kccper of such clogfcat shall provide Spokane County Animal Control with
proof that such dog/cat has been vaccinated against rabies as well as the expiration date of
such vaccination. An owner or kccper who refuses to provide proof of such vaccination
upon request by the Animal Control Director or his /her designee. shall be deemed to have
failexl to provide such proof.
5.04.031 Cut License -- Required.
(a) All cats six months of age or older harbored, kept or maintained in Spokane
County shall be licensed. The annual license fee for each cat shall be five dollars (55.00)
for spayedlneutered cats and fifteen dollars (515.00) for non - spayed /non- neutered cats. A
fee of three dollars (53.00) shall bc added to the above license fees for the purposes
identified in Section 5.04.170. A penalty often dollars (510.00) will be added to the above
license fees for failure to timely obtain or renew a license as required by subsection (d) of
this section. License fees may be paid to either "county" or "private" licensing outlets as
designated by the Spokane County Animal Control Director. A service charge of two
dollars (S2.00) in addition to the regularly sct fees may be collected and retained by all
"private" licensing outlets appointed by Spokane County Animal Control Director for each
cat license issued. Upon payment of the license fee provided above, the licensing outlet
shall deliver to the owner or keeper of such cat, a license and metallic tag for each cat
licensed or kept.
(b) All licenses issued pursuant to this section shall be dated and numbered. and
shall bear the name of Spokane County, the name and address of the owns and keeper of
the eat liccnsc. and a description of the cat including its color and scx. The metallic tag
shall bear a serial number corresponding with the number of the license, and the county or
part thereof for which it is issued. It shall be the duty of every owner or keeper of a cat to
keep a substantial collar on the cat and to keep firmly attached thereto the metallic tag for
the current licensing year. There shall bc a fee of two dollars (52.00) for replacement of
any lost license.
(c) Any person who shall for the reason of securing a cat liccnsc falsely represent
whether the cat is spayed /neutered or non - spayed /non- neutered shall be guilty of a
misdemeanor.
(d) Licenses must he renewed within twelve (12) months of the date the previous
license was issued. A new license must be purchased within thirty (30) days after a cat was
first acquired by a person residing in Spokane County or brought into the county.
(e) All fees and fines collected under thc provisions of this chapter other than
criminal fines shall be deposited in the county current expense fund.
(f) The owner or keeper of such cat shall provide Spokane County Animal Control
upon request with proof that the cat is currently licensed as provided by this chapter.
(g) Any increase in current cat licensing fees or pcnalti in this section shall
become effective on August 1, 2002.
5.04.032 Declaration of Dangerous Dog - -I tearing and Appeal— Impounding
of Dog.
(1) When the Animal Control Director. or his/her designee, has probable cause to
believe that a dog is a dangerous dog as defined by Section 5.04.020(8), the Animal Control
Director, or hisiber designee. shall declare the dog a dangerous dog and shall notify the
owner or keeper of the dog in writing, either in person or by certified mail. The notice shall
contain the following information:
(a) That the person receiving the notice is the owner or keeper of a dangerous dog as
defined in section 5.04.020(8);
(b) The breed. color, sex, and license number (if known) of the said dog;
(c) A copy of the records of the Animal Control Director, or his4ter designee, which
form the basis for declaring said dug to be a dangerous dog these records may be
supplemented with additional material as it becomes available;
(d) That to contest the declaration of dangerous dog thc owner or keeper of the dog
must request a hearing in writing on a form provided with the notice within fourteen (14)
days of the receipt of the notice. For purposes of this section, the notice to the owner or
keeper will be deemed received and the request for hearing will be deemed received the
third day after the notice or request is placed in the mail:
(e) That if a hearing is requested, a hearing will be convened pursuant to subsection
(2) of this section; that at the hearing, the records of the Animal Control Director, or his/her
designee, and any supplementary material shall be admissible to prove the dog is a
dangerous dog; that the owner or keeper of the dog may require the officer compiling the
record to be present at the hearing; that the owner or keeper of the dog may present
evidence and examine witnesses present; and that the burden shall be on Spokane County
Animal Control to establish by a preponderance of the evidence that the dog is a dangerous
dog:
(1) Any dog declared dangerous by Spokane County Animal Control may be
immediately impounded until the owner registers the dog as dangerous in accordance with
Section 5.04.035. The owner or keeper will have fourteen (14) days from the date the dog
was declared dangerous to register it or the dog will bc cuthanized at the direction of
Spokane County Animal Control. If the owner appeals the dangerous dog declaration the
dog must either be registered or it will be held at the shelter at the owner's expense pending
the results of the appeal.
(2) if the owner or kccper of the dog requests a hearing as provided in Section
5.04.032(I)(d) of this section the hearing shall be held before the Board of Spokane County
Commissioners or its designec(s). The hearing shall be held within twenty (20) days atter
the receipt of the requests for a hearing, unless it is continued for good cause shown. The
Animal Control Dircctor, or his/her designee, shall notify the owner or keeper of the date,
time, and place for the hearing. Thc hearing shall be informal and open to the public. In
those instances where the Board's designee acts as a hearing officer in conjunction with
dangerous dug appeals, the following procedures shall apply:
(a) All hearings before the hcrcinabovc designee shall be recorded; and
(b) The hcaring officer shall render an oral recommendation at thc conclusion of
the hearing or within five business days of the hearing. This time may be extended at the
discretion of the hearing officer in order to receive additional information at the request of
the hearing officer. The oral recommendation shall be reduced to writing and made in
accordance with subsection (4) of this section, to include findings of fact, and forwarded to
the Board of County Commissioners of Spokane County and the owner or keeper of the
dog. Upon receipt by the Clerk of the Board of County Commissioners of the written
recommendation of the hearing officer, the Clerk shall place thc matter on its next regular
meeting agenda for action. Thc owner or keeper of the dog shall be advised by the Clerk of
the Board That the Board will take formal action on the recommendation of the hearing
officer at the time, date and place of the Board of County Commissioners' next regular
meeting.
(c) At the tine, date and place that the Board of County Commissioners
considers the recommendation of the hearing officer, no additional testimony or evidence
will be considered. The record before the Board of County Commissioners will include the
tape recording of the hearing before thc hearing officer. any written documentation
submitted to the hearing officer for histhcr consideration at the time of the hearing or after
the hearing if requested by the hearing officer in subsection (2)(b) of this section, and the
findings of fact/recommendation of the hearing officer
(d) The Board of County Commissioners may accept, reject, or modify the
recommendation of the hearing officer. The Board shall render its decision in writing.
(3) At the conclusion of the hearing as provided in subsection (IXd) of this
section, the hearing officer shall have the authority to make a recommendation to either
affirm, reverse or modify the declaration by Spokane County Animal Control that the dog is
dangerous. If the recommendation is to modify the declaration, the hearing otTicer may
make a finding that the dog is potentially dangerous. If the hearing officer finds that the
dog is potentially dangerous, then the hearing officer may recommend that reasonable
requirements bc imposed upon the owner or keeper as a condition of continued ownership
or keeping of the animal. Such requirements may include, but are not limited to:
(a) erection of new or additional fencing to keep the dog within the confines of the
owner's or keeper's property;
(h) construction of a nun consistent with the size of the dog within which the dog
must be kept:
(c) keeping the dog on a leash adequate to control the dog or securely fastened to a
secure object when left unattended;
(d) keeping the dog indoors at all times, except whcn on a leash adequate to control
the dog and under thc actual physical control of the owner or keeper or a competent person
at least 15 years of age.
The hearing officer(s) rnay, in his or her recommendation, delegate to the Spokane
Animal Control Director or his/her designee the authority to establish further requirements
or to refine and clarity the aforementioned requirements to effectuate the purposes of this
ordinance. An owner or keeper of a potentially dangerous dog who violates any of these
cundit ions shall be guilty of a misdemeanor.
(4) The owner or keeper of the dog shall be notified in writing by the hearing
officer(s) within fourteen (14) days of the hearing of his/her recommendation unless this
time period has been extended pursuant to subsection (2)(b) of this section. in no event
shall this time period bc extended beyond thirty (30) days from the date of the conclusion of
the hearing unless good cause is shown. If the hearing officer(s) issues a finding of
dangerous dog That is upheld by the hoard of County Commissioners, the owner or keeper
of the doe may appeal the Board's decision as provided below. if the owner or keeper does
not timely appeal the Board's decision, he or she muse either register the dog as a dangerous
dog in accordance with Section 5.04.035 or the dog shall be confiscated as provided in
RCW 16.08.100( I).
(5) An appeal of an order affirming the hearing officer(s) recommendation may be
made in the manner provided under the general laws of the state. In the event thc hearing
officer(s) recommendation is affirmed on appall and no further appeal is made. the owncr
or kecper of the dog must register the dog as a dangerous dog in accordance with Section
5.04.035 within fourteen (14) days of the decision or the dog will be cuthanired at the
direction of Spokane County Animal Control.
(6) A finding that a dog is not a dangerous dog shall not prevent the Animal
Control Director. or his/her designee, from seeking to have the dog declared a dangerous
dog as thc result of any subsequent action by the dog.
(7) In the event the Animal Control Director, or his/her designee, has probable
cause to believe a dog is dangerous and may pose a threat of serious harm to human beings
or animals, the Animal Control Director, or his/her designee, may seize and impound the
dog pending determination of owner or keeper, notice, hearings, appeals and other
determinations hereunder. Such dog, if declared a dangerous dog, may be held until
registered as provided in Section 5.04.035. The owner or keeper coffin dog shall be liable
to Spokane County Animal Control for the costs and expenses of keeping such dog, unless
a fording is made that the dog is neither a dangerous dog nor a potentially dangerous dog.
5.04.033 Determination of Potentially Dangerous Dog -- Notice, Rearing.
and Appeal.
(1) When the Animal Control Director, or his/her designee, has sufficient
information to determine that a dog is a potentially dangerous dog as defined in Section
5.04.020(16), a notice shall be provide/ to the owner or keeper of the dog. The notice shall
contain the following information:
(a) That the person receiving the notice is the owncr or keeper of a potentially
dangerous dog as defined in Section 5.04.020(16);
(b) The breed, color, sex, and license number (if known) of said dog;
(c) The facts upon which the determination of potentially dangerous dog is based;
(d) That if there are future similar incidents with the dog, the dog could bc
declared a dangerous dug pursuant to Section 5.04.032, and required to be registered as
provided in Section 5.04.035;
(c) That the owner or keeper must comply with any of the same reasonable
restrictions as may be imposed on the owner of keeper of a potentially dangerous dog
pursuant to section 5.04,032(3); and
(1) That the notice constitutes a final determination that the dog is a potentially
dangerous dog, unless the owner or keeper of the dog requests a hearing in writing on a
form provided with the notice within fourteen (14) days of the receipt of the notice. For
purposes of this section, the notice will bc deemed received on the third day after thc notice
is placed in the mail.
(2) In the event the owner or keeper of a dog requests a hearing as provided in
subscction(1)(f) of this subsection, a hearing shall be held within thirty (30) days of the
receipt oldie request for hearing. The hearing date may bc continued for good cause. The
Animal Control Director or his/her designee shall notify the owner or keeper of the date,
time and place of thc hearing. as well as the right to present evidence as to why the dog
should not be found potentially dangerous. The hearing shall be held before the Animal
Control Director or his/her designee. The hearing shall he informal and open to the public.
The hearing may be held telephonically.(3) The Animal Control Director or his/her
designee may affirm or reverse the initial determination that a dog is potentially dangerous.
If a determination that a dog is potentially dangerous is upheld the Animal Control Director
or his/her dcsigncc may impose the same reasonable restrictions as may be imposed on the
owner or keepe -r of a potentially dangerous dog pursuant to section 5.04.032(3).
(4) The Animal Control Director or his/her designee shall notify, in writing, the
owner or keeper of the dog of hisA►cr decision within ten (10) days of the hearing. The
decision of the Animal Control Director or his/her designee may bc appalled in the same
manner as provided in Section 5.04.032.
( 5) The decision of the Animal Control Director or his/her designee is final unless
appealed.
(6) An owner or keeper of a potentially dangerous dog who violates any of the
conditions imposed under this section shall be guilty of a misdemeanor.
5.04.035 Registration of Dangerous Dogs -- Requirements- Annual Fee.
(I) 'Thc owner or keeper of a dangerous dog must obtain a certificate of
registration for such animal from Spokane County Animal Control within fourteen (14)
days of declaration of dangerous dug or within fourteen (14) days of the appeal decision if
10
appealed as provided in Section 5.04.032. No dog shall be returned by Spokane County
Animal Control to anyone prior to the issuance of the certificate of registration. The
certificate of registration shall be issued only if the owner or keeper of thc dangerous dog
presents sufficient proof of the following:
(a) A proper enclosure to confine a dangerous dog and posting of the premises
with a clearly visible sign that there is a dangerous dog on thc property. In addition, the
owner shall conspicuously display a sign with a warning symbol that informs children of
the presence of a dangerous dog:
(b) A surety bond issued by a surety insurer qualified under chapter 48.28 RCW
in a form acceptable to the Spokane County Animal Control in the sure of at least two
hundred fitly thousand dollars (S250,000.00), payable to any person injured by the
dangerous dog regardless of whether thc injury occurs on or off the owner or keeper's
premises: or
(c) A policy of liability insurance, such as homeowner's insurance, issued by an
insurer qualified under RCW Title 48 in the amount of at least two hundred fifty thousand
dollars ($250.000), insuring the owner or kccper for any personal injuries inflicted by the
dangerous dog regardless of whether the injury occurs on or off the owner or keeper's
premises: and
(d) A muzzle and leash for the dangerous dog.
In addition, the owner or keeper of a dangerous dog shall furnish to Spokane County
Animal Control a complete copy of the surety bond or liability insurance policy specified in
subsection (1)(b) and (I)(c), and shall allow the County a reasonable time to review the
bond or policy to determine whether the liability coverage is sufficient, prior to issuing the
certificate of registration.
(2) Dangerous dogs must be spayed /neutered within thirty (30) days of
registration. The. owner or keeper of the dangerous dog shall provide sufficient proof of
such spaying/neutering promptly to Spokane County Animal Control.
(3) In addition to the regular dog licensing fees set forth in Section 5.04.030, the
owner or keeper of a dangerous dog shall pay an annual registration fee in thc amount of
one hundred dollars (5100.00). The registration will he valid for twelve (12) months,
(4) This section shall not apply to police dogs as defined in RCW 4.24.410.
(5) The owner or keeper ofa dangerous dog must notify Spokane County Animal
Control in writing if the dug is deceased or if the dangerous dog is to be relocated or if there
is a change in ownership. In the event of a change of ownership and/or relocation of the
dangerous dog, the owner or kccper must provide Spokane County Animal Control with the
complete address and phone number of the new owner or keeper prior to the change of
ownership and/or relocation of the dangerous dog. The owner or keeper of the dangerous
dog must also notify any subsequent owner or kccper of the dog's designation as a
dangerous clog.
(6) logs deemed dangerous by other jurisdictions in the State of Washington will
be subject to thc same regulations as if they have been deemed dangerous in Spokane
County. Dogs deemed dangerous by j urisdictions outside of the State of Washington will
bc evaluated and declared dangerous by the Animal Control Director or his/her designee on
11
an individual basis to determine whether They meet the requirements of a dangerous dog,
taking into account thc criteria established by section 5.04.020(8). Dogs meeting the
requirements of a dangerous dog under this subsection must be registered as such, and are
subject to all othcr restrictions imposed undcr this Section.
(7) Dangerous dog registration must bc renewed every twelve (12) months. A re-
inspection of thc facility is required prior to renewal. The owner or keeper shall also
provide Spokane County Animal Control proof of proper insurance as specified in
subsection (I) of this section prior to re- registration.
5.04.036 Dangerous does -- Identification.
The owner or keeper of a dog determined to be dangerous, pursuant w Section
5.04.032 or Section 5.04.035(6), shall have the dog identified by a microchip implant. The
microchip implant shall bc injected in accordance with policy established by Spokane
County Animal Control. A fee of twenty -five dollars (525.00) for the cost of
microchipping shall be charged to the owner or keeper of a dangerous dog.
5.04.040 Unlawful Use of License Tags
It is unlawful for any owner to use any license tag on any dog other than the one for
which it was issued. If there is a change of ownership of a licensed dog, the new owns
must apply for and obtain a new license as required in this chapter.
It is unlawful for any person to use thc license tag for an unlawful purpose or to
conceal the ownership of the animal or remove thc license tag provided for in this chapter
from any dog, with the intent to deprive the owner or keeper thereof.
5.04.042 Commercial Kennels
(I) Commercial kennels lucatcd in Spokane County shall be licensed as required
by this section. Commercial kennel licenses shall be for a twelve -month (12) period and
shall be renewed on or before the expiration of thc twelve -month (12) period. The fee for a
commercial kennel license is one hundred dollars (5100.00), payable to Spokane County
Animal Control. An additional fcc of twenty -five dollars (525.00) shall bc paid if the
license is not renewal within thirty (30) days of thc expiration of the license. Spokane
County Animal Control shall mail a notice of renewal of license not less than thirty (30)
days prior to the expiration of said license. Individual licenses are not required for any
animals legally maintained within a commercial kennel.
(2) Applications for commercial kennel licenses shall be made to Spokane
County Animal Control. Each application shall bc in writing, and signed and sworn to by
the applicant. The application shall contain thc following information:
(a) The name, home address, and telephone number of the applicant;
(b) The business name, business address, and telephone number of the proposed
commercial kennel.
12
(c) A diagram to scale or approximately to scale showing the property and
sintetltres for which the liccnsc is soughs;
(d) A diagram ofthc kennel facility;
(c) A description of the premises where the kennel will be operated, as well as a
description of the magnitude and nature oldie proposed business; and
(f) A written statement from the Spokane County Planning Division that the
contemplated business complies with applicable zoning laws.
(3) Spokane County Animal Control may refuse issuance or renewal ofa license,
or revoke or suspend said license, upon finding after such investigation or hearing as it
deems necessary that:
(a) The license fee has not been paid;
(b) The application does not satisfy the requirements of subsection (2);
(c) Upon the inspection by the Animal Control Director or his/her designee, the
business does not meet the standards for commercial kennel set forth in subsection (5);
(d) Such license was issued illegally, or by mistake or inadvertence, or was
procured by fraud, misrepresentation, false or misleading statements, evasions or
suppression of material facts, or that any of the material facts contained in thc application
are false;
(e) The licensee, or any agent of the licensee, in connection with the operation of
the commercial kennel, has, within a two -year period:
(i) Been found guilty of or committed two (2) or more violations of this
chapter;
(ii) Been found guilty ofa violation of any provisions of chapter 16.08 or
chapter 16.52 RCW; or
(iii) Been found guilty of any other misconduct, or improper, fraudulent, or
wrongful behavior relating to the operation ofa commercial kennel;
(iv) Violated any of the standards imposed for operation of a commercial
kennel by subsection (5) of this section.
(f) Any servant, agent, employee or representative of the commercial kennel has
been guilty of any act or omission while on the premises of the commercial kennel, where
said act constitutes a criminal violation of this chapter, or chapter 16.08 or chapter 16.52
RCW; or has been guilty of any misconduct or improper- fraudulent or wrongful behavior
relating to the operation of the commercial kennel if:
(i) the circumstances surrounding any of the foregoing acts or omissions
are such as to establish that such act was knowingly allowed by any person sharing
in profits of said business. or, if a corporation, any officer or director (hereof, or of
any person acting as a proprietor, manager, or person in charge of'such business: or
(ii) in any event, if Iwo (2) or more such acts or omissions have occurret
on thc premises within a two -year period.
(g) Failure to observe any of the standards set forth in subsection (5) of this
sec! i0 n.
(4) Any applicant who has duly made application for u commercial kennel license
under the provisions of this section and has beat denied such license, or any person holding
13
a license which is revoked or suspended under the provisions of this section, may file a
petition with the Clerk of the Board of County Commissioners demanding a hearing before
the board of county commissioners for the purpose of contesting such denial, revocation or
suspension, provided that such petition must be filed within ten (10) days following
notification of such denial, revocation or suspension. Such denial, revocation or suspension
shall be stayed upon the tiling of such petition pending final determination of the Board of
County Commissioners shall set a date, no Iess than tcn (10) days following the mailing of
notice thereof for a hearing, of which all interested parties shall be notified. All evidence
hearing on the questions of such denial, revocation or suspension is proper under
thc provisions of this section may be received at that hearing. If the Board of County
Commissioners shall determine upon such hearing that such denial, suspension or
revocation is not proper under thc provisions of this chapter, they shall notify Spokane
County Animal Control, which shall cause the license to be issued or reinstated forthwith.
If the Board of County Commissioners determines upon such hearing that such license
should be denied, suspended or revoked under the provisions of this section, they shall issue
such order in writing. An appeal of such an order may be mode in the superior court of
Spokane County in the manner provided under the general laws of the state of Washington.
(5) The following operation standards shall be observed in connection with a
commercial kennel:
(a) All animals must have an adequate supply of drinking water, sanitary sleeping
gunners, adequate shelter, medical attention and exercise areas appropriate to their size,
breed characteristics and climate;
(b) All animals shall be supplied with sufficient good and wholesome food as
often as the feeding habits oldie respective animals require, but not less than, in the case of
puppies or kittens under four months ofagc, three times every twenty -four hours; and in the
cast of adults, once every twenty -four hours,
(c) Food shall be stored in a fashion which prevents contamination or infestation;
(d) The Facilities shall be maintained and operated in a healthful, sanitary
manner, free from disease, infestation and foul odors:
(e) All animals and animal buildings or enclosures shall be maintained in a clean
and sanitary condition. Housing facilities shall be structurally sound and shall be
maintained in good repair, to protect the animals from injury, to contain the animals, and lo
restrict the entry of other animals. All reasonable precautions shall be taken to protect the
public from thc animals and the animals from the public.
(f) Sick animals shall be isolated from healthy ones in quarters adequately
ventilated to prevent contam ination of healthy animals;
(g) Animals shall receive adequate food, water and care on days when the facility
is not open fnr business;
(h) Animals shall be immunized from disease as is usual and customary for the
animals' age and species.
(i) All animal rooms, cages, shipping containers, and runs shall be of sufficient
size to provide adequate and proper accommodations and protection from the weather for
the animals kept therein. If individual runs arc utilized, the surface shall be cement, gravel,
10
or shavings. At a minimum, sufficient space must be provided for every animal in an
enclosure to separately and together, stand up, lie down. and hum around in a natural
position.
U)
(6)
All animals shall be maintained so as to comply with Section 5.04,070(7).
No commercial kennel license, or any renewal thereof, may be issucd until the
owner or operator thereof allows the Animal Control Director or his/her designee to inspect
the premises of the license applicant. Such inspections shall be made during reeular
business hours. The purpose of such inspection shall be to determine if' the commercial
kennel does or can meet the standards set forth in subsection (5). The Animal Control
Director. or his/her designee, may inspect the premises at any time to insure compliance
with the provisions of this ordinance.
(7) Any person owning or exercising control of an unlicensed commercial kennel
is guilty ofa misdemeanor.
5.04.043 Private Kennels
(1) Private kennels located in Spokane County shall be licensed as required by
this section. Private kennel licenses shall be for a twelve (12) month period and shall he
renewed on or before the expiration of the twelve (12) month period. The fee for a private
kennel license is seventy -five dollars ($75.00), payable to Spokane County Animal Control.
An additional fcc of twenty -five dollars ($25.00) shall be paid if the license is not renewed
within thirty (30) clays of the expiration oldie license, Spokane County Animal Control
shall mail a notice of renewal of license not less than thirty (30) days prior to the expiration
of said license. Individual licenses are not required for any animals legally maintained
within a private kennel.
(2) Applications for private kennel licenses shall bc made to Spokane County
Animal Control. Each application shall bc in writing, and signed and sworn to by thc
applicant. The application shall contain the following information:
(a) The name, home address, and telephone number of the applicant;
(b) A diagram to scale or approximately to scale showing the property and
structures for which the license is sought;
(c) A diagram of the kennel facility;
(d) A description of the premises where the kennel will be operated, as well as a
description of thc magnitude and nature of the proposed private kennel, including the
number and breed of dogs or cats tote housed there;
(e) A description of the uses to which the properties surrounding thc proposed
private kennel are devoted;
(1) A written statement from the Spokane County Division of Planning that the
proposed private kennel complies with applicable zoning laws.
(3) Spokane County Animal Control may refuse issuance or renewal ofa license.
or revoke or suspcnd said license, upon finding after such investigation or hearing as it
deems necessary that:
(a) The license fee has not been paid;
15
(b) The application does not satisfy the requirements of subsection (2);
(c) Such license was issued illegally, or by mistake or inadvertence, or was
procured by fraud, misrepresentation, false or misleading statements, evasions or
suppression of material facts, or that any of the material facts contained in the application
are false;
(d) Operation of the kennel constitutes a public nuisance;
(e) The licensee, or any agent of the licensee, in connection with thc operation of
the private kennel, has, within a two -year period:
(i) Been found guilty of a violation of any of the provisions of Chapters
16.08 or 16.52, Revised Code of Washington;
(ii) Been found guilty of two (2) or more violations of this chapter;
(iii) Violated any of the standards imposed for operation of private kennels
by subsection(4) hereof; or
(iv) Kept more than the number of dogs or cats allowed by subsection (5)
hereof.
(4) The following standards shall be observed in connection with a private
kennel:
(a) The animals must have an adequate supply of drinking water, sanitary
sleeping quarters. and adequate shelter, medical attention and exercise areas appropriate to
their sine, breed characteristics and climate;
(b) All animals shall be supplied with sufficient good and wholesome food as
often as thc feeding habits of the respective animals require, but not ICss than, in the case of
puppies or kittens under four months of age, three times every twenty -four (24) hours; and
in the ease of adults, once every Twenty -four (24) hours.
(c) All animals and animal buildings or enclosures shall be maintained m a clean
and sanitary condition. Housing facilities shall bc structurally sound and shall be
maintained in good repair, to protect the animals from injury, to contain the animals, and to
restrict the entry of outer animals. All reasonable precautions shall be taken to protect the
public from the animals and thc animals from the public;
(d) All animal rooms, gages, shipping containers, and runs shall be of sufficient
size to provide adequate and proper accommodations and protection from the weather for
the animals kept therein. If individual runs are utilized, thc surface shall bc cement, gravel,
or shavings. At a minimum, sufficient space must be provided for every animal in an
enclosure to separately and together, stand up, lie down, and hum around in a natural
position; and
(c) All animals shall be maintained so as to comply with Section 5.04.070(7).
(5) No private kennel shall have moree than eight (8) dogs or cats without thc
consent of Spokane County Animal Control.
(6) No private kennel license, or any renewal thereof may be issued until the
owner or operator allows, the Animal Control Director, or his/her designee, to inspect the
premises of the license applicant at a mutually convenient time. The purpose of such
inspection shall be to determine if the private kennel does or can meet the standards set
forth in subsection (4). Any license or renewal thereof shall be conditioned on the
16
owner /operator allowing the Animal Control Director or his/her designee to inspect the
premises at any time to insure compliance with the provisions of this ordinance.
(7) Any person owning or exercising control of an unlicensed private kennel is
guilty of a misdemeanor.
5.04.050 Enforcement Power
(a) Thc Animal Control Director or his/her designee are authorized to take such
lawful action as may bc required to enforce the provisions of this chapter and chapter 5.12
of the Spokane County Code and Chapters 16.08, 16.52 and 16.54 of the Revised Code of
Washington.
(b) The Animal Control Director or his/ber designee, unless authorized by the
owner or person entitled to possession thereof, shall not enter private dwellings which are
not licensed as either commercial or private kennels unless a proper warrant has been issued
upon showing that the Animal Control Director or his/her designee has reasonable cause to
believe that there is a violation of this chapter or chapter 5.12 of thc Spokane County Code
or Chapters 16.08, 16,52 or 16.54. Revised Code of Washington. Thc Animal Control
Director or his/her designee. while pursuing any clog observed by the officer to he in
violation of this chapter, or during investigation for unlicensed dogs, may enter upon any
public or private property, except any private dwellings which are not licensed as either
commercial or private kernels , for the purposc of abating the dog violation being
investigated.
(c) No person shall deny, prevent, obstruct or attempt to deny, prevent or obstruct
any officer from pursuing any animal observed to be in violation of this chapter or chapter
5,12 of the Spokane County Code and chapters 16.08. 16.52 or 1654 of the Revised Code
of Washington. No person shall fail or neglect, after a proper warrant has been presented,
to property permit the Animal Control Director or his/her designee to enter private property
or private dwelling homes to perform any duty imposed by this chapter or chapter 5.12 of
thc Spokane County Code or chapters 16.08, 16.52 or 16.54 of the Revised Code of
Washington.
5.04.060 Impounding of dogs — Notice of owner or keeper— Redemption —Fees
(I) Thc Anirnal Control Director or his/her designee may impound any dog(s)
doing any of the acts prohibited by Spokane County Code, being subjected to cruel
treatment as defined by this chapter and /or chapter 16.52 RCW or when the dog is found to
be sick, injured or dead.
(2) The Animal Control Director or his/her designee upon impounding of a dog,
shall record the breed, color, and sex of the dog, and whether or not the dog is wearing a
current license tag. I currently licensed, the Animal Control Director or his/her designee
shall enter the name and address of the owner or keeper and the number of the license tag.
If reasonably possible, thc Animal Control Director or his/ her designee does not have
probable cause to believe a dog is dangerous as defined in Section 5.04.020(8), the Animal
17
Control Director or his/her designee may immediately return the dog to the licensed owner
or keeper. If it is not reasonably possible to immediately return the dog to its owner or
keeper, Anirnal Control Director or his/her designee shall notify the dog's owner or keeper
either by mail or telephone or personal notice that the dog has been impounded and where
it may bc redeemed. Any currently licensed clog impounded pursuant to this chapter shall
be held for the owner or kccper for al least one hundred twenty (120) hours from the time
of impoundment. Unlicensed dugs shall bc held for the owner or keeper at least seventy -
two (72) hours from the time of impoundment.
(3) Any doe(s) not redeemed after the expiration or the holding period as
provided in subsection (2) of this section may be humanely euthanized or sold. All sates
of dogs shall be pursuant to rules and regulations as established by Spokane County Animal
Control.
(4) Any dog as may be determined by the Animal Control Director or his/ her
designee to be suffering from serious injury or disease may be humanely euthanized
without waiting the required holding period.
(5) Any dog(s) impounded pursuant to this section may be redeemed upon
payment of all redemption fees as provided in section 5.04.110. in addition, any unlicensed
dogs must he licensed at the time of redemption.
(6) Any dog(s) running at large during rabies quarantine shall be immediately
impounded by Spokane County Animal Control and kept at the animal shelter for the
remainder of the quarantine at the owner's or keeper's expense.
5.04.065 Adoption of Animal -- Agreement to Spay or Neuter -- Sterility Deposit—
Forfeiture of Animal -- Animal Neutering Program Revolving Account.
(1) Any person adopting an animal (dog or cat) from Spokane County Animal
Control shall, at the direction of Animal Control and under policies adopted by Spokane
County Animal Control, have said animal spayed or neutered within ninety (90) days of
adoption. Sterilization of all animals will be completed nt the time of adoption, unless the
Animal Control Director or his/her designee determines that thc sterilization procedure
should bc postponed due to the animal's age, health or other appropriate factors as
determined by the Animal Control Director or his/her designee in the exercise of his/her
discretion.
(2) At the time of adoption of any animal (dog or cut) from Spokane County
Animal Control, a thirty -five dollar ($35.00) sterility deposit for dogs and a twenty -five
dollar ($25.00) sterility deposit for cats will bc charged in addition to other fees.
(3) Thc sterility deposit collected by Spokane County Anirnal Control from the
sale of any dog or cat will he deposited in the "Animal Neutering Program Reserve,*
within the Pct license Outreach Fund controlled by Spokane County Animal Control.
(4) All purchasers of animals from Spokane County Animal Control will be
provided with u sterility deposit receipt which will contain space for the signature of a
licensed veterinarian who performs the spaying or neutering of the animal. in addition, thc
purchaser will be provided a list of licensed veterinarians participating in the Spokane
18
County Animal Neutering Program. to order For the purchaser to have his or her new pet
spayed or ,neutered For nu charge_ the purchaser must have their pet slerilii..ed within ninety
(90) days or purchase by a participating veterinarian. The sterility receipt shall he presented
10 the participating veterinarian, who shall sign and date it. lithe purchaser decides to are a
veterinarian who does not participate in the Spokane County Anima! Neutering Program,
then the purchaser will he responsible for all fuc_s charged by the nonparticipating
veterinarian_ Whether a participating or nonparticipating veterinarian is used, the pct must
be sterilized within ninety (90) days or purchase_
(5) Upon return of the signed and dated sterility deposit receipt by a licensed
participating veterinarian to Spokane County Animal Conirol. the Director or his/her
designee will issue a check lo the Veterinarian ire accordance will, the scheduled
reimbursement rate
(6) Proof that the animnI ]i35 bccn spayed or neutered shall be provided to
Spok County Anima I Co intro/ w ithin ninn {90) days of adopliun. Pro° consis' of
the sterility deposit from a veterinarian participating in the Spokane County Animal
Neutering Program; or where the animal has bccn spayed or neutered by a nonparticipating
vc1frinari311, the proof shall consist 019 written statement from the veterinarian or clinic
which spayed or neutered the animal, indicating Me date the animal was spayed or neutered
(7) Any person failing to provide proof that the animal adopted by them has been
spayed or neutered shall surrender the animal to Spokane County Animal Contra].
(19 Any person Failing t0 surrender an att1m31 as required by subsection ( ?) shall
he guilty ora civil infraction.
(9) The nuidmiog program revolving account will constitute: a chocking account
set up under Ilse control of the Spokane County Animal Control Director to facilitate
payment to participating veterinarians after required proof of Spaying /neutering has been
submitted. Veterinarians may 050 her reimbursed through the county voucher payment
system.
(I0} The neutering program rcvulviog account shall be balanced and reimbursed
by enmity warrant at bast monthly; reimbursement vouchers shall have sicriliiy deposit
receipts attached. The receipts will be charged to the Spokane County Animal Nciuczing
Program ilmerve.
5,04.066 linponnding of Cats—Notice 10 Owner or Keeper — Redemption.
(I) The Animal Cement Director or hLLAier designee may impound any cat {s)
doing any oftheseas prohibited by Spokane County Cole, orifthc cat is in danger of being
subjected to cruel 1reraa1ment as defined by this chapter an {o r chapter 16.52 RCW or when
the cat is found to be sick, injured, or dead.
(2) The Animal Cortina! Director or his/her designee upon the impounding of a
cat shall record the. breed, color and sex of the cal, and whether or not the cat is wearing R
current license tag. I F c licensed, the Animal Control Director or his/her designee
shall enter the name and address of thc owner or keeper and number of the license tog_ if
19
reasonably possible, the Animal Control Dircelor or his/her designee may immediatclw
return the cat to its licensed owner or keeper. ]fit is not reuSonasbly possible to im mcdiately
return the cat to its licensed owner or Imeper, the Animal Control Director or hisibcT
designee shall notify the cat's owner or keeper either by mail, or telephone, or personal
notice that the cat has been impounded and where it may be redeemed. Any currently
licensed cat impounded pursuinl to this chapter shall be held for the owner or kecpur fur at
least one hundred twenty ( I20) hours. Frain the lime or inlpuundmcnt. The length of lime
an unlicensed cat is to be held depends cm the temperament ofthc animal, if the animal is
s ick or injured, and I]te space available in the animal shelter.
(a) Any cal (s) not reddened after the expiration of the holding period, may be
humauicly ctithani. or suit]. All sales of cuts shall he pursuant to rules and regulatioas as
established by Spokane County Animal Control.
(d) Ally eat(s) as may he determined by Ilte Animal Control Director or hislhrr
designee to be suffering from serious injury ur disease may be humanely euihanited
without waitin the rev irrd hulling period.
(5) Any ca(s) impounded pursuant to this section may be redeemed by the owner
Dr keeper upon payment of 311 restemptiou Tees as provided in scetion 5.07.110. In
addition, any unlicensed cats must be liccnsral at the time of rcdemptioii. (6) Any
eat {s} limning at large during rabies quarantine shall be immediately impounded by
Spokane County Animal Control and kepi at the animal shelter for the remainder of the
quarantine at the owner s pr keeper's expense.
5 Control ofeats,
The following cat control regulations arc police regulations designed ter protect
public health and safely. The owner or keeper of cal is strictly liable to control hisAlercat
or eats as required herein_ This means that the penalty for violation of these regulations is
Unposed wilhuul regard to Any wrongful intention of the violator. It is unlawful fnr the
owntx or keeper ofa cat ur cats to violate any of ehc following regulations_ The owner or
keeper ofa cat Or 'DAIS Shull prevent said calls front:
(l) tieing accessible to other cats, while ill heat, for purposes other than
controlled or planned breeding;
(2) Running at large when the at has not been neutered or spayed, and the cat iS
six (6) months of age or older;
(3) Nat having a current license or Failing to provide proof of such license us
provided for in this ordinan
(4) Not being currently inoculated Far rubies or failing to provide proof of Such
inoculation, and t he eel is six (6) months of agc or older, os provided in this ordinance;
(5) Being kept, harbored or maintained and known to have a cuntagiouS disease
unless under Ilse treatment of licensed veterinarian, and appropriately isolated to protect
the public and other animals;
(6) Being on private property without the perruission rifihe property Ovrilei or the
person entitled to possession of thc properly.
xn
5.04.070 Control of Dogs.
The following dog control regulations are police regulations designed to protect
public health and safety. The owner or keeper of a dog is strictly liable to control his/her
dog or dogs as required herein. This means that the penalty for violation or these
regulations is imposed without regard to any wrongful intention of the violator. It is
unlawful for the owner or keeper of a doe or dogs to violate any of the following
regulations. The owner or keeper of a dog or dogs shall prevent said dogs from:
(1) Running al large in Spokane County, whether licensed or not; provided. that
this section shall not prohibit a person from walking or exercising a dog in public whcn
such dog is on a leash. tether or chain not to exceed eight (8) feet in length; provided,
further that this section shall not apply to any dog serving the blind or deaf;
(2) Entering any place where food is stored, prepared, served or sold to the public
or any public building or hall; provided, that this section shall not apply to any dog serving
the blind or deaf; to veterinarian offices or hospitals; or to dog exhibitions or organized dog
training classes or to dogs used by armored car services or haw enforcement agencies;
(3) Being accessible to other animals, while in heat. for purposes other than
controlled or planned breeding;
(4) Chasing, running after or jumping at vehicles using public streets and alleys:
(5) Snapping, growling, snarling, barking in a threatening manner, jumping upon,
chasing ar otherwise threatening persons or animals;
(6) Exhibiting vicious propensities;
(7) Howling, yelling, whining of barking or making other oral noises in such a
manner as to disturb any person or groups of persons to an unreasonable degree;
(8) Running at large on any public property while not in its owner's or keeper's
control:
(9) Being kept, harbored or maintained and known to have contagious disease
unless under the treatment of n licensed veterinarian, and appropriately isolated to protect
the public and other animals;
(10) Running in packs; provided, for the purpose of this section "packs" means
dogs in groups of three (3)or more;
(I1) Not having a current license or failing to provide proof of such license as
provided for in this ordinance;
(12) Not being currently inoculated for rabies or failing to provide proof of such
inoculation, and the dog is six (6) months of age or older as provided for in this ordinance;
(13) Running at large when the dog has not been neutered or spayed, and thc dog
is six (6) months of age or older.
5.04.071 Violations as Infractions -- Exceptions.
Failure to perform any act required other than those requirements set forth in Section
5.04.035 or the performance of any act prohibited by this dormer is designated as an
21
infraction and may not be classified as a criminal offense, except the following violations
shall be classified as misdemeanors:
(1) Sections 5.04.030(c) and 5.04.031(c), relating to falsely representing dog or
cal as spayed /neutered or nonspayedlnonneutered;
(2) Section 5.04.040, relating to theft or misuse of license tags.
(3) Section 5.04.070(6), relating to dogs exhibiting vicious propensities which
constitute a danger to persons, domestic animals, poultry or livestock;
(4) Section 5.04.079(1), relating to failure to sign a promise to appear;
(5) Section 5.04.079(2). relating to wilful failure to respond to and /or appear on a
nolicc of infraction:
(6) The third or subsequent violation of any provision ot'this chapter within a
twelve - month period. For purposes of this subsection, a third or subsequent violation
within a twelve -month period is determined according to the date of the offense for which
an infraction, citation or complaint has been issued, regardless of whether the court has
doomed the violation to have been committed, provided, that a finding by the court that the
prior infraction was not committed shall render thc prior violation not countable toward the
third or subsequent violation;
(7) Section 5.04.042(7), operating an unlicensed commercial kennel;
(8) Section 5.04.043(7), operating an unlicensed private kennel;
(9) Section 5.04.0791, failure to identify — person receiving notice;
(10) Sections 5.04.032 and 5.04.033, relating to failure to abide by conditions
imposed on potentially dangerous dogs;
(11) Section 5.04.0792, relating to failure to obey an officer;
(12) Section 5.04.120, relating to failure to abide by conditions imposed on vicious
dogs;
(13) Section 5.04.150, relating to duty whcn striking domestic animal with motor
vehicle; and
(14) Section 5.04.160, relating to animal bites to be reported.
5.04.072 Notice of Infraction -- Issuance.
(1) The Animal Control Director or his/her designee shall be specially
commissioned by the County Sheriff to issue a notice of infraction if committed in
Director's or his/her designee's presence or if Director or his/her designee has reasonable
cause to believe that the owncr or keeper of an animal has committed an infraction.
(2) The court may issue a notice of infraction upon receipt of a written statement
of the Animal Control Director or his/her designee that there is reasonable cause to believe
that an infraction was committed.
5.04.073 Notice of Infraction -- Determination Final Unless Contested- -Form.
(1) A notice of infraction represents a determination that an infraction has been
committed. The determination will he final unless contested as provided in this chapter.
22
(2) The notice elf infraction shall include the follow lug!
(a) A statement 17iat the notice represents a determination that an infraction has
been committed by the person named in the notice and that the determination shall be final
unless COntesLed as provided in this chapter;
(b) A statement that an infraction is a noncriminsk offense for which
int prisoninent may not be imposed as sanctio
(e) A statement or the specific infraction for which the notice was issued;
(d) A staLeinenl of the muuetary penaiLtyestablished for the infraction;
(e1 A statement of the options provided in this chapter rnr responding
notice and the procedures necessary to exercise these options',
{f) A statement that at any hearing to contest the determination, the county has
the burden or paving, by a preponderance of the evidence, that the infraciinn was
comma sled; and thug [Ile person may subpoena witnesses including the officer who issued
the nolicc of infraction:
(g) A statement that at any hearing requested For the purpose of explaining
mitigating circumstances surrounding the commission of the infraction, the person will he
dimmed to have committed the infraction and may not subpoena witnesses;
(h) A statement that the person must respond to the not a►s provided in this
chapter with in filieen (]5)days;
(i) A statement which the person shall sign that the person promises to respond
to the not iec nf infraction in ono of the ways provided in this ehapi
{3) A statement that failure to respond to a notice of infraction as pro3iiiscd Lc a
misdemeanor and may be punished bye KM of iniprisonrnent iM jail;
(k) A staiumcnt that failure to respond to the nuticc of infar,iun or a failure to
Appear al a hearing requested far the purpose of wnleslirg the deicrminatiuu or for the
purpose oFexplaining mil igating circumstances will result in a default judgment against the
person in the amount of the penally and this failure may be referred to the prosecuting
attarnev for criniinal prosecution for failure Lo respond or appear.
5,114,1)74 Response lea Notice of Infruel ion—Contest ing Datum Mat ion --li caring.
-Failure to Respond or Appear.
(1) Any person who receives a notice or infraction shall respond to such notice as
provided in this section within fifteen (I5) days of the daite;nrthe nOtiec,
(2) I f the person determined 10 ]have C inimi[teJ the infraction does not conlcst t]he
determ inalion, the person shall respond by completing the appropT late portion of the notice
of infraction and submitting it, either by snail or in person, to the court specified on the.
notice. fL cheek or money order in the amount of the penally prescribe] for [he infraction
must be submitted with the response- When a response which does nut contest the
determination is reccivcd, an appropr ord all be entered in the court '. NCO rdt -
(3) If the person determined 1i have committed the infraction wishes to contest
the determination. the person shall respond by completing the portion of iho notice or
infraction Te<questing a hearing and submitting it, either by mail or in peon, to the pourL
21
tq 111C
specified on the notice. The egnrl shall notify the person in writing of the time, place and
date or the hearing, and that date shall nut be sonnet' than seven (7) days from the dale or
the notice, eaccpt by agreement.
(4) lithe person determined to have og mat i[led the in /Tat Lion does not L:onLe<et the
dctcrminalimh but wishes to explain mitigative eircums1nnees surrounding the infraction,
lie person shall respond by completing the portion of the notice of infracion requesting a
Ikea ring Fur that purpose and subm fitting il, either by mLLik or in persan, 1v the court specified
on the notice- The Court shalt n U[Iry the person in writing ear the lithe, place and dale oflhc
hearing.
(5) - rho court shall enter a default judgment assessing the monetary pcnaity
prescribed for the infraction and may notify the prosecuting attorney of the failure to
respond to the notice of civil infraction or to appear at a requested hearing it air person
issued a notice of infraction;
Fails to respond 10 mike 43 infraction as provided in subsection (2) of this
FaiIs to appear aL a hearing requegled pursuant to subsection (3) or (4) of this
(
$et ion; or
section.
5,041175 Flea ring,S- -Rules o ft'ro edu re— Counsel
(1) Procedures for the conduct of all infraction hearines provided For in this
chapter shall be in uccordance with the ln fraction Rules for Courts fLimited Jur isdicLiorL-
{2} Any person subject to proceedings under this chapter may be rcpresiilod by
co unsel, •
5,041176 Herings- -Contesting Determination that fnfraciioir Committed- -
Appeal.
(1) A hearing held for the purpose of ounL the determination that au
infraction has hem committed shall be without a jury.
(2) The Cohn may consider the notice of infraction and any other written report
made under oath submitted by the officer who issued the nonce or whose written statement
was the basis For the issuance of the notion in lieu of the officer's personal appearance at the
hearing. The person named in the notice may snhpooiha witnesses, including the offteer_
and has the right to present s ukiicc and cx•1Lmine witnesses present in Court.
(3) In the " l iIu defendant contests any in fraction, the bu rdeo of proo is upwi
the county to establish the commission of the infraction by a preponderance off]ie evidence,
(4) After eonsidcraiiun or thc evidence and argument the marl shall determine
whether the infraction was com mitted - Where it has not blxn established trial the infraction
WAS com mitted - an order dismissing the notice shall be entered in the cent rt's records, where
it has been established ihnl tILe infraction was eommittcd, an appropriate order shall be
entered in the C011e5 ro urds-
24
(5) An appeal horn the Court', determination or order shall be to the Saint ior
court- The decision of the superior court is suhjecl only 10 discre1iranary review pursuant to
Rulc 2.3 ur lbw Rulac orAppcllaic Procedure.
504.077 ] leari ngs - -L'-. x p lariat ion o r M ii i Lir4 C ireuanstances.
{t) A hearing hc14 fin the purpose of allowing a person to explain miiigatiug
CIrcL!m54 squaw linlog tlgc comet fiss or an infrae1iou Sim II be as iag farinaI proecediny-
The person may not subpoena wii0esses. The dctcrminagiuu thai an infraclioIr has been
committkd may not he conicsied a1 . hewing held for the purpose of explaining initigalHlg
e ironmSLanceS.
(2) ,A fter the mini has hca rd the oxpla nag inn u f the erred msi an cut Sufrol n d in g the
commission of the infraction, an upproprialc 0rdeT shall be entered in the comes records-
(3) Then may be no appeal from the Court's dmterrn ivaliOn or order at a Bearing
o n iniligation,
5.04.078 Order of Caurl- -Civil ilnturc -- Waiver, Reduction Su pelisiou of
Penahy- Cominuaity Service in Lica orPcniIt -
(1) An order entered after the receipt or response which does not coadest the
determination or after it has been established ai a hearing that the infractioir was comet rLted,
or after a hearing for the purpose of explaining milignting cireurastance5 is vivil in ri figure.
C2) The court may include in the order the imposition or any penalty aulhori7cd
by the provisions of this elmplcr for the to Millission of an infracliois. The C0UTL may, in its
discretion, % 'altiC. roducc, or sus pend the munetary penalty prescribed for the infraction- At
the person's request, the court may order per rorrnance of a number of hours of community
service in lieu ofa monetary penally at due rate ofihethen state minimum wage per hour.
5.04,079 Noi oo of Failure to sign, nonap pea rauee-- Faflare 11) sa Lis fy penalty.
(1) 11 is a misdemeanor for any person who hoe been personally served %Vitt) n
notice of civil infraction, as provided by Spokane Colinly District Court ndc, as it presently
exists ur as may he hereivailer amended, Lu refuse to sign a wriLieir promise to respond to
the nniice-
(2) Any poison wilfully violalllig his or her 3reitten and Signed promise to appear
in court or respond to a asorioe of infrnctiLru it guilty of a m i5,tcmcaaror r garrlieSS of the
lllt imatc disposition of the nrftiee of infraction; provided, that a written prom isc10 8ppmix in
court or a Written promise to respond to a notice of infraction may he complied ++ilh by err
appearance hy Ciruriscl,
(3) A person who willfully i:riLe lo pay a monetary penalty or to per rutin
co]nmunily service as requited hy a court under this chapter may be found in civil coatcmpi
of court a provided for in chapter 7,21 RIMY_
5-04-0791 Person receiving notice-- ldcMificatiort and dcicnlion,
(1 ) A person who is to r,x .IVC a notice of iurracli0n under Section 5,04.072{ 1) is
rtxluired 10 identify himself or herself ua ihe officer by giving his or her name, address, and
i1 1c of birth- Upon the rcquen of the officer_ the persrrn shall produce reasonable
idcnlilioation, including it d river's license or ialent lea rd.
(2) A person who is unable or ilo illing to reasanah identify himself or herself
to an enforcement officer may he detained for a period of time nol longer than is reasonably
necessary to ideality the person fro purposes or issuin a notice of infraction. Failure 10
identify is u misdemeanor.
(3) Spokane County Animal Control shall adopt rules on iden1i1Iriitiasn and
detention orpursons col nmil1ing civil inkeotione.
5- 04.0792 Fa Darr to Obey Insgrucliuns of an O tllccr
A person must comply with the instruci ion s o r RD Animal Control Director or Iiisfher
designee, or of a sheriff i deputy in the cnfurceogent of this chapter or chapter 5. L2 of the
Spokane County Code or chapters 16 -48, 16,52 or 16-54 RCW. 00 person may willfully
Foster, delay or obstruct an Animal Control Dircolar or Isis dcsignen, or era sherry's
dopely in the enforcement of this chapter ur chapter 5,12 of the Spokane County Code or
chapters 16208, 16.52 or 16,54 RCW- Any person who violates lhiA section is guilty of a
mis deineao Of.
5.04.094 Animal Control Director or his/her Designee—issuance of Criminal
Chat km-
The Animal Conirlri Director or hiJflser designee shall be specially commissioned by
the county sheriff as a specially coin missioncd deputy for the purpose of issuingcilatiens to
owner(s) or t<ccper(s) or animals which are round in violation of any provision of this
clgoptcr or chapter 5.12 ofthe ipokane County Cod desig as a misdemeanor, in !Ii I
instances where a violation occurs in the Animal Coniraal Director or his/her designee's
presence; provided, however in those instances where the Animal Conirul Director at
his/her des ignee has information to support a reasonable bc1ieflhat the owner nr keeper or
OK animal is 111 Violation of any sections gk9ignated a misdemeanor under this chapter or
chapter 5.12 o Spokane Con y Cod c, the Animal Control Director or his/her designee
may issue a citation for said violation even though said violation does not Occur in the
Animal Control Director's or h4fi/iger designee's presence- The Animal Control Director or
his/Iscr designee shall aLso be specially Commissioned by the County Sherrilto enforce the
provisions ofehnplcr 5.12 of the Spokane Cannily Cale or chapters 16,08 and 16.52 1LCW;
and shall have the authority to issue citations and lake arrests for violations or chap ter 5.12
of the Spokane County Codc or chirpier 1 6.l 1 6.01, and 16.52 RCW, constituting a misdemeanor
O r gross misdemeanor,
26
5.04.110 Redemption Procedures.
(1) Any dog impounded pursuant to the provisions of Section 5.04.050 through
5.04.130 may be redeemed upon payment of the redemption fee as provided in this section
and proof of current rabies vaccination. 'fhe redemption fee for a dog shall be twenty-five
dollars ($25.00) for each dog plus an additional fee of six dollars ($6.00) for each twenty-
four -hour period or portion thereof during which such dog is retained by the impounding
agency. The redemption fee shall bc made payable to Spokane County Animal Control.
Any owner or keeper redeeming an unlicensed dog shall in addition to the above
enumerated redemption fee. pay the license fee and /or penalty fee as set forth in Section
5.04,030. Provided, that the redemption fee; for a dog redeemed a second or a third time in
any twelve -month period shall be thirty -five dollars (S35.00) and fifty -five dollars ($55.00)
respectively, plus six dollars ($6.00) for each twenty- four -hour period or portion thereof
during which such dog is retained by the impounding agency. Provided further, the Animal
Control Director or his/her designee for goad cause at his/her discretion may waive and /or
reduce the redemption fee.
(2) Any cat impounded pursuant to the provisions of Section 5.04.066 may be
redeemed upon payment of the redemption fee as provided in this section and proof of
current rabies vaccination. The redemption fee for a cat shall be twenty -five dollars
(525.00) for each cat, plus an additional fee of six dollars (56.00) for each twenty -four (24)
hour period or portion thereof during which such cat is retained by the impounding agency.
The redemption fee shall he made payable to Spokane County Animal Control. Any owner
or keeper redeeming an unlicensed cat shall in addition to thc above enumerated redemption
fee, pay the license fee and/or penalty fee as set forth in Section 5.04.031. Provided, that
the redemption fee for a cat redeemed a second or third time in any twelve (12) month
period shall be thirty -five dollars ($35.00) and fifty -five dollars (S55.00) respectively; plus
six dollars ($6.00) for each twenty -four (24) hour period or portion thereof during which
such cat is retained by the impounding agency. Provided further, the Animal Control
Director or his/her designee for good cause at his/her discretion may waive and /or reduce
the redemption fee,
5.01.120 Destruction of Vicious Dogs.
(I) Any dog having vicious propensities as defined in this chapter may be ordered
turned over to the animal control shelter for disposal by means of euthanasia by thc district
court upon the owner's or keeper's conviction of any violation of Section 5.04.070(6).
(2) Dangerous dog shall be cuthanized as provided for in section 5.04.032(0. (3) If
disposal by means of euthanasia is not ordered, any dog found to have vicious propensities
shall thereafter be kept on a leash, tether. or chain at all times or in the alternative, fenced in
on the owner's or keepers property.
(4) An order to turn a dog over to the animal shelter for disposal by means of
euthanasia means that the owncr or keeper of the dog has twenty -four (24) hours from the
27
issuance of the court order to turn the dog over to the animal control shelter for disposal by
means of euthanasia.
(5) Any person who violates any of the provisions of this section shall be guilty
ofa misdemeanor.
5.04.130 Penalties
(1) The maximum penalty for the violation of any provision of th chapter
constituting an infraction shall bc thirty dollars ($30.00) for the first infraction and fifty
dollars (S50.00) for the second infraction committed within a twelve -month period. In
addition, the court may impose any applicable statutory assessment.
(2) Any person, in addition to any other penalties provided by this chapter, found
in violation of any provisions or any amendments thereto which are designated as
misdemeanors shall be punished by a fine of not more than one thousand dollars ($1,000) or
by imprisonment in the county jail for not more than ninety (90) days, or by both such fine
and imprisonment.
5,04.131 Violation as constituting a public nuisance.
In addition to the foregoing remedies, the violation of any provisions of this chapter
shall constitute a public nuisance and may be abated in any manner authorizxd by RCW
Chapters 7.48 and 9.66.
5,0040 Fee Setting Authority.
Spokane County Animal Control has the authority to set a schedule of fees not
otherwise established reasonably related to fulfilling its responsibilities under this chapter.
5.04.150 Duty When Striking Domestic Animal with Motor Vehicle.
Any person who, while operating a motor vehicle, strikes a domestic animal in
Spokane County shall stop at once, render reasonable assistance. and shall immediately
report such injury or death to the animal's owner. In the event the owncr of said animal
cannot he ascertained and located, such person shall at once report the accident to the
animal control authority. This section shall in no way be construed as requiring the person
striking the animal with a motor vehicle to be financially responsible for any injury or death
of the animal. A person who violates this section shall be guilty ofa misdemeanor.
5.04.160 Animal Bites to be Reported.
Every animal which bites a person shall be prornptly reported to Spokane County
Animal Control and shall thereupon he securely quarantined at the direction of Spokane
County Animal Control for a period of ten days. At the discretion of Spokane County
28
Animal. Control. such quarantine may bc on the premises of the owner or keeper, at the
Spokane County Animal Shelter, or at the owner's or keeper's option and expense, in a
veterinary hospital of thc owner's or keeper's choice. In the cases of anirnals whose .
ownership is not known, such quarantine shall be at the Spokane County Animal Shelter or
veterinary' hospital. Any owner or keeper of en animal who violates this section shall be
guilty of a misdemeanor_
5.04170 Spaying and neutering Services.
(I) Three dollars ($3.00) of every dog and cat license shall be set aside c ieh year
to be used solely for thc purpose of implementing a spaying and neutering program of
licensed dogs and cats residing within Spokane County. The Spokane County Animal
Control Director shall develop a spaying and neutering progam which shall determine the
requirements for eligibility to participate in the program.
(2) Spaying and neutering of licensed dogs and cats under this section shall be
voluntary with the animal's owner or keeper.
5.04.900 Severability.
If any portion of this chapter is held invalid, it is the intent of the board of county
commissioners that such part shall be dccmed severable and the invalidity thereof shall not
affect the remaining parts alibis chapter.
5.04.910 Effective Datc-- Preservation of Existing Cases.
Resolution No. _2 -0SNt shall take effect on June 4, 2002 at 2:30
PM All cases filed and offenses committed prior to the effective date of this
resolution are deemed preserved in accordance with Section 10.01.040 RCW, and shall bc
governed by Chapter 5.04 as it existed prior to June 4, 2002
29
INHERENTLY DANGEROUS MAMMALS /REPTILES
Sections:
5.12.010 Purpose.
5.12.020 Definitions.
5.12.030 Running at large.
5.12.040 Harboring/owning inherently dangerous mammals and /or inherently
dangerous reptiles.
5.12.050 Exemptions.
5.12.060 Licensing and inspection.
5.12.070 Renewal of licenses.
5.12.080 Standards for housing and care.
5.12.090 Impounding/housing fees, violations, penalties.
5.12.100 Enforcement provisions.
5.12.110 Sale and transfer of inherently dangerous mammals and /or inherently
dangerous reptiles.
5.12.120 Running at large/duty to notify animal control department.
5.12.130 Rabies virus testing/duty to reimburse for costs.
5.12.140 Agreements.
5.12.150 Severability.
5.12.160 Compliance with other laws.
5.12.010 Purpose.
It is the public policy of Spokane County to secure and maintain such levels of control over
inherently dangerous mammals and inherently dangerous reptiles harbored and/or owned within the
unincorporated area of Spokane County as will protect the general human health, safety and
welfare as well as provide for the humane housing, care and treatment of such animals. To this end,
it is the purpose of this chapter to provide a means of licensing, housing and caring of inherently
dangerous mammals and inherently dangerous reptiles so that such animals do not become public
nuisances. (Res. 96 -1007 § I, 1996)
5.12.020 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
"Animal control department" means that department established by the board of county
commissioners by resolution to administer and enforce the provisions of this chapter. Its director
shall be referred to hereinafter as the "animal control director" or "director." An "animal control
officer" is any person employed or appointed by the board of county commissioners of Spokane
County for the purpose of adini.nistering or aiding in the enforcement of this chapter.
"Exhibit" means to show or display either publicly or privately.
"Household member" means a person related by blood, marriage, adoption, or any other
person residing on the premises with a person harboring and/or owning an inherently dangerous
mammal and/or inherently dangerous reptile.
"Inherently dangerous mammal" means any live member of the canidae, felidae, or ursidae
families, including hybrids thereof, which, due to their inherent nature, may be considered
dangerous to humans, and which includes:
(1) Canidae means and includes any member of the dog (canid) family not customarily
domesticated by man, or any hybrids thereof, but not including domestic dogs (Canis lupus
familiaris) or wolf hybrids which are a cross between a wolf and a domestic dog.
(2) Felidae means and includes any member of the cat family not customarily
domesticated by man, or any hybrids thereof, but not including domestic cats (Felis catus).
(3) Ursidae means and includes any member of the bear family, or any hybrids thereof.
"Inherently dangerous reptile" means any live member of the class reptilia which:
(1) Is venomous, including, but not necessarily limited to, all members of the following
families: Helodermidae; Viperidae; Crotalidae; Altractaspidae; Hydrophilidae; and Elapidae; or
(2) Is a "rear fanged" snake of the family Colubridae that are known to be dangerous to
humans, including, but not necessarily limited to, all members of the following families:
Dispholidus typus; Thebtornis kirtlandii; and Rhabdophis spp.; or
(3) Is a member of the order Crocodilia (crocodiles, alligators and caiman).
"Harboring of an inherently dangerous mammal and/or inherently dangerous reptile" means
to allow an inherently dangerous mammal or inherently dangerous reptile to remain, lodge, be fed,
or to be given shelter or refuge within the person's home, store, yard, enclosure, outbuilding,
abandoned vehicle or building, place of business, or any other premises in which the person resides
or over which the person has control. (Res. 99 -0691 (part), 1999; Res. 99 -0359 (part), 1999; Res.
96 -1007 § II, 1996)
5.12.030 Running at large.
No person owning or harboring, having custody, control, or possession of an inherently
dangerous mammal and/or any inherently dangerous reptile shall permit or allow the same to run at
large upon any highway, street, lane, alley, court, or any other place, public or private, or within the
premises of such person, in such manner as to endanger any person lawfully entering such
premises.
Allowing an inherently dangerous mammal and/or any inherently dangerous reptile to run at
large is a misdemeanor. (Res. 96 -1007 § III, 1996)
5.12.040 Harboring/owning inherently dangerous mammals and/or inherently dangerous
reptiles.
It shall be a violation of this chapter for any person to harbor and/or own an inherently
dangerous mammal and/or any inherently dangerous reptile unless such person has achieved the
age of eighteen years and obtained and maintained an annual license allowing that person to harbor
and own such inherently dangerous mammal and/or inherently dangerous reptile as provided for in
this chapter. Provided, however, any person who has achieved the age of eighteen years of age or
over, and who is harboring and/or owning an inherently dangerous mammal and/or an inherently
dangerous reptile on the effective date of the ordinance codified in this chapter shall have a sixty -
day time frame in which to obtain a license from the county.
Harboring and/or owning an inherently dangerous mammal and/or an inherently dangerous
reptile by a person under the age of eighteen years of age or without an annual license is a
misdemeanor. (Res. 96 -1007 § IV, 1996)
5.12.050 Exemptions.
The following are exempt from all provisions of this chapter except Sections 5.12.030,
5.12.090, 5.12.100(b), 5.12.120 and 5.12.130:
(1) Any facility accredited by the Association of Zoos and Aquariums (AZA);
(2) Any licensed or accredited research or medical institutions;
(3) Licensed or accredited educational institutions;
(4) Veterinary clinics in possession of inherently dangerous mammals or inherently
dangerous reptiles for treatment or rehabilitation purposes;
(5) Traveling circuses or carnivals;
(6) Persons temporarily transporting inherently dangerous mammals or inherently
dangerous reptiles through the county provided that the transit time shall not be more than three
days;
Any activity which was exempt from the provisions of this chapter under subsection 7 or 8
of this section prior to the effective date of Res. 99 -0359 shall have sixty (60) days to comply with
applicable provisions of the chapter. Additionally the provisions of Section 5.12.080(e) shall apply
to such preexisting activities.
Although the above are exempt from the provisions of this chapter, they must comply with
all other applicable federal, state and local regulations, including but not necessarily limited to
Chapter 16.52 RCW, concerning the prevention of cruelty to animals. (Res. 96 -1007 § V, 1996)
5.12.060 Licensing and inspection.
(a) License Application Form. To obtain a license to harbor and/or own an inherently
dangerous mammal and/or an inherently dangerous reptile within the unincorporated area of
Spokane County, a person shall annually make a written and completed application which shall
include the following:
(1) All information requested on the application form required by the Spokane County
animal control director as deemed necessary thereby to assist in determining whether the license
should be issued, including but not necessarily limited to, front and profile photographs as well as
any existing identification, such as tattooing and microchipping of the inherently dangerous
mammal and/or inherently dangerous reptile;
(2) Attach to the completed application form proof of liability insurance in the amount
of fifty thousand dollars per inherently dangerous mammal and /or inherently dangerous reptile up
to a maximum of three hundred thousand dollars, which shall be written to cover any acts of the
inherently dangerous mammal and /or inherently dangerous reptile, certificate of insurance shall be
immediately submitted to the Spokane County animal control director for approval or disapproval,
and which proof of liability insurance shall provide that the Spokane County animal control
director as the person to be notified ten days in advance of the cancellation of the liability insurance
for any reason;
(3) Attach and/or enclose a non - refundable license application fee of one hundred
dollars per inherently dangerous mammal per address, with a maximum of three hundred dollars
per address, or fifty dollars per inherently dangerous reptile per address with a maximum of one
hundred fifty dollars per address; and
(4) Submit to an initial inspection of the premises where the inherently dangerous
mammal and /or inherently dangerous reptile proposed to be harbored, prior to the license being
issued, and to additional inspections, announced or unannounced at the director's discretion, at any
other time deemed necessary by the director between the hours of seven a.m. and nine p.m. daily
during the life of the mammal and /or reptile; said inspection to be performed by the director, any
animal control officer, or any person designated by the director to assist in the performance of the
inspection which is performed in accordance with of this chapter.
No license shall be issued by the director unless and until the applicant is in compliance
with all of the provisions of this chapter, including, but not necessarily limited to the standards for
housing and care as set forth in Section 5.12.080 of this chapter and the premises and /or property
upon which the application for a license to harbor and/or own an inherently dangerous mammal
and /or inherently dangerous reptile is properly zoned for such use /activity. The licensee shall
submit a written statement from the Spokane County building and planning division that the
use /activity complies with applicable zoning laws. All licenses shall be effective from a one -year
time frame from the date of issuance.
(b) License Not Transferable. Any license to harbor and/own any inherently dangerous
mammal and/or inherently dangerous reptile is not transferable to any other subsequent
owner/harborer or to any other location within the unincorporated area of Spokane County.
(c) License Not to be Issued. The Spokane County animal control director shall not
process or issue any license to (1) any person charged or found guilty of Section 5.12.030 either
before or after the adoption of this subsection; (2) any person who is a household member of a
person charged or found guilty of violating Section 5.12.030 either before or after the adoption of
the resolution codified in this subsection; or (3) any person for the harboring and/or owning an
inherently dangerous manmial and/or inherently dangerous reptile which mammal or reptile has
been the subject of a charge or violation under Section 5.12.030 either before or after the adoption
of said resolution. In the event that a license is being processed or has been issued prior to the
effective date of the adoption of this amendment such processing shall be terminated and/or license
issued shall automatically be revoked by the Spokane County animal control director and the
appeal rights of the licensee set forth in Section 5.12.100(a) shall not be applicable to such
termination and/or revocation. (Res. 99 -0691 (part), 1999; Res. 99 -9359 (part), 1999; Res. 96 -1007
§ VI, 1996)
5.12.070 Renewal of licenses.
(a) The license to keep an inherently dangerous mammal and/or inherently dangerous
reptile shall be renewed annually, on or before the date of issuance, upon the submission of an
annual renewal fee of one hundred dollars per inherently dangerous mammal per address, with a
maximum of three hundred dollars per address; or fifty dollars per inherently dangerous reptile, per
address, with a maximum of one hundred fifty dollars per address.
All renewals shall require a current inspection and submission of current information as
provided for in Section 5.12.060(a)(1) and (2).
(b) The animal control department shall notify the licensee by mail not less than one
month before the expiration of the license of its renewal fee and annual inspection are due.
(c) Any condition imposed on the approval or renewal of the license shall be strictly
adhered to by the applicant/licensee and failure to do so constitutes cause for non - issuance, non -
renewal, or immediate revocation of the license.
(d) The animal control department shall maintain a record of the date of issuance of, the
conditions imposed on, and the name and address of the person to whom a license has been issued
pursuant to this section.
(e) It shall be a violation of this chapter for any person to fail to renew an annual license
for an inherently dangerous mammal and/or inherently dangerous reptile. Failure to renew an
annual license for an inherently dangerous mammal and/or an inherently dangerous reptile is a
misdemeanor.
(f) License Not to Be Renewed. The Spokane County animal control director may at
his/her sole discretion, not process or issue the renewal of any license under this section to any
licensee failing to comply with any license conditions or any other provisions of this chapter. (Res.
99 -0359 (part), 1999; Res. 96 -1007 § VII, 1996)
5.12.080 Standards for housing and care.
(a) Housing and Care of Canidae and Hybrids Thereof. A harborer and/or owner of any
inherently dangerous canidae and hybrids thereof comply with the following standards for
their housing and care as a condition precedent to obtaining or maintaining the required license
pursuant to this section.
(1) Enclosure Dimensions. A single small canid, or hybrid thereof, weighing less than
thirty -five pounds shall have an enclosure measuring at least eight feet by twelve feet or ninety -six
square feet. For each additional small canid (or hybrid thereof), the enclosure shall be increased by
fifty percent. A single large canid, or hybrid thereof, weighing thirty -five pounds or more shall
have an enclosure measuring at least ten feet by fifteen feet or one hundred fifty square feet. For
each additional large canid, or hybrid thereof, the enclosure shall be increased by fifty percent.
Enclosures shall have a secondary barrier of at least eight feet in height to prevent access to the area
by the general public. The secondary barrier shall be a minimum of five feet from the primary
enclosure.
(2) Enclosure Materials. Enclosures for canids and hybrids thereof shall be constructed
of not less than 11-gauge chain link or its equivalent for mammals of an adult weight less than
thirty -five pounds and 9 -gauge chain link or its equivalent for animals of an adult weight of thirty -
five pounds or more. Perimeter barriers shall be at least eight feet high and include an inward -
facing overhand of no less than eighteen inches at an angle of forty -five degrees. In addition to
vertical barriers, all perimeters shall also have either a concrete footing or horizontal protective
matting around the entire enclosure to prevent escape through digging. All enclosures shall have
double doors between the animal and possible escape, one being a primary access door and the
second being a safety door. All enclosure doors shall be securely locked and include safety chains.
(3) Indoor Housing. Whenever any canidae or hybrid thereof is not within an enclosure
as described herein, but is within the residence of a person having a license as provided for in
Section 5.12.070, the residence shall comply with the following criteria:
(A) All windows, except those leading to an outside cage, shall be screened in material
suitable for the canidae or hybrid thereof to contain the animal(s) from potential escape;
(13) All doors entering the room will be of construction, suitable for the canidae or
hybrid thereof and be securely locked. if the door is solid in construction, a device shall be installed
to visually locate the canidae or hybrid thereof before entering the room; and
(C) All construction must be of proper strength materials for the weight of the canidae or
hybrid thereof they are to contain. Walls must be appropriately reinforced where necessary.
(4) Temperatures and Shelter. All canidae and hybrids thereof shall have access at all
times to shelter from adverse climate conditions and those animals kept outside shall have access to
shade.
(5) Water. Fresh clean water for drinking shall be available at all times. Watering shall
consist of either built -in devices or sturdy portable containers; such devices or containers shall be
cleaned and disinfected daily.
(6) Food. All canids and hybrids thereof shall have access to food which shall maintain
the animal's proper weight, nutrition, and health.
(7) Sanitation. All enclosures shall be cleaned daily and kept free of debris and fecal
material. Drainage shall be established to provide dry housing conditions. Detergents and
disinfectants shall be used on hard surfaces, pallets, and food and water containers. Drainage and
means of disposing of debris and fecal material shall be in compliance with all applicable state,
county, and local laws and regulation.
(8) Medical Attention. Proper medical attention must be provided when and as
necessary to maintain the canid(s) or hybrid(s) in a healthy condition.
(9) Transportation. At no time shall a canid or hybrid thereof be transported away from
the owner's premises by use only of a leash. Such animals must be transported in a manner that
would not constitute a public threat or nuisance. When in or on a vehicle, said canid or hybrid
thereof shall be appropriately and effectively contained in a secure, locked portable enclosure.
When moving a canid or hybrid thereof away from the owner's premises to a vehicle, a cable
system shall be employed.
(10) Animal Restricted to Owner's Property. At no time shall a canid or hybrid thereof be
located other than on the licensed owner's premises in an approved enclosure or indoor housing as
provided for above, except during transportation as described in subsection (9) above.
(11) Signage. A sign or signs, including a symbol recognizable to children, shall be
permanently affixed to the secondary barrier indicating that there is an inherently dangerous canid
or hybrid thereof within such enclosure.
(12) Exhibiting. No inherently dangerous canidae or hybrid thereof shall be exhibited off
the Licensed owner's premises.
(b) Housing and Care of Felidae and hybrids Thereof. A harborer and /or owner of any
inherently dangerous felidae and hybrids thereof shall comply with the following standards for their
housing and care as a condition precedent to obtaining or maintaining the required license pursuant
to this chapter.
(1) Enclosure Dimensions and Materials for Very Large Pantherids. Very large
pantherids, including lions (P. leo), tigers (P. tigris), and any hybrids thereof shall be maintained in
barred or heavily wired cages. A cage for a single animal shall measure at least twenty -four feet
wide by twenty feet deep or four hundred eighty square feet. It should be either a minimum of eight
feet high with a secure covered top or a minimum of twelve feet high with an inward- facing
overhang of no less than eighteen inches and at an angle of forty -five degrees to prevent the
animals from escaping. Cages shall be fifty percent larger for each additional animal. Enclosures
shall have a secondary barrier of at least eight feet in height to prevent access to the area by the
general public. The secondary barrier shall be a minimum of five feet from the primary enclosure.
(2) Enclosure Dimensions for Other Large Felids. Other large felids, including jaguars
(P. Onca), leopards or panthers (P. pardus), pumas, cougars or mountain lions (P. concolor), snow
leopards (P. unica), clouded leopards (Neofelis nuebulosa), and any subspecies or hybrids thereof
shall be maintained in a cage with minimum cage dimensions for a single large fetid equal to at
least twenty feet wide by twelve feet deep or two hundred and forty square feet by eight feet high
and have secure covered tops. Cages shall be fifty percent larger for each additional animal.
Enclosures shall have a secondary barrier of at least eight feet in height to prevent access to the area
by the general public. The secondary barrier shall be a minimum of five feet from the primary
enclosure.
(3) Enclosure Dimensions for Smaller Felids. Small felids, those having an adult body
weight of less than forty -four pounds, including any hybrids but excluding the domestic cat (felis
catus) shall be maintained in a cage with minimum cage dimensions for a single small fetid equal to
twelve feet wide by ten feet deep or one hundred and twenty square feet by eight feet high and have
secure covered tops. Floor space shall be increased by fifty percent for each additional animal.
Enclosures shall have a secondary barrier of at least eight feet in height to prevent access to the area
by the general public. The secondary barrier shall be a minimum of five feet from the primary
enclosure.
(4) Barrier and Enclosure Materials -- General. Enclosures for very large and large felids
shall be constructed of bars or not less than 9 -gauge chain link fencing or its equivalent. Enclosures
for smaller felids shall be constructed of bars of not less than 11 -gauge chain Zink fencing or its
equivalent. In addition, all perimeters must have soil piping or other fencing material or tension
wires along the ground, except those for digging felids which shall be either a concrete footing or
horizontal protective matting around the entire enclosure. All enclosures shall have double doors
between the animals and possible escape, one being the primary access door and the second being a
safety door. All enclosures shall contain at least one above- ground platform large enough to allow
the felid comfort and be located at least thirty inches above ground. All enclosure doors shall be
securely locked and include safety chains.
(5) Indoor Housing. Whenever any felidae or hybrid thereof is not within an enclosure
as described herein, but is within the residence of a person having a license as provided for in
Section 5.12.070, the residence shall comply with the following criteria:
(A) All windows, except those leading to an outside cage, shall be screened in material
suitable for the felidae or hybrid thereof to contain the animal(s) from potential escape;
(13) All doors entering the room will be of construction, suitable for the felidae or hybrid
thereof and be securely locked. if the door is solid in construction, a device shall be installed to
visually locate the felidae or hybrid thereof before entering the room; and
(C) All construction must be of proper strength materials for the weight of the felidae or
hybrid .thereof they are to contain. Walls must be appropriately reinforced where necessary.
(6) Temperatures and Shelter. All felidae and hybrids thereof shall have access at all
times to shelter from adverse climate conditions and those animals kept outside shall have access to
shade.
(7) Water. Fresh clean water for drinking shall be available at all times. Watering shall
consist of either built -in devices or sturdy portable containers; such devices or containers shall be
cleaned and disinfected daily.
(8) Food. All felids and hybrids thereof shall have access to food which shall maintain
the animal's proper weight, nutrition, and health.
(9) Sanitation. All enclosures shall be cleaned daily and kept free of debris and fecal
material. Drainage shall be established to provide dry housing conditions. Detergents and
disinfectants shall be used on hard surfaces, pallets, and food and water containers. Drainage and
means of disposing of debris and fecal material shall be in compliance with all applicable state,
county, and local laws and regulations.
(10) Medical Attention. Proper medical attention must be provided when and as necessary
to maintain the felid(s) or hybrid(s) in a healthy condition.
(11) Transportation. At no time shall a felid or hybrid thereof be transported away from the
owner's premises by use only ofa leash. Such animals must be transported in a manner that would
not constitute a public threat or nuisance. When in or on a vehicle, said felid or hybrid thereof shall
be appropriately and effectively contained in a secure, locked portable enclosure. When moving a
felid or hybrid thereof away from the owner's premises to a vehicle, a cable system shall be
employed.
(12) Animal Restricted to Owner's Property. At no time shall a felid or hybrid thereof be
located other than on the licensed owner's premises in an approved enclosure or indoor housing as
provided for above, except during transportation as described in subsection (11) above.
(13) Signage. A sign or signs, including a symbol recognizable to children, shall be
permanently affixed to the secondary barrier indicating that there is an inherently dangerous felid or
hybrid thereof within such enclosure.
(14) Exhibiting. No inherently dangerous felid or hybrid thereof shall be exhibited off the
licensed owner's premises.
(c) Housing and Care of Ursidae and Hybrids Thereof A harborer and/or owner of any
inherently dangerous ursidae and hybrids thereof shall comply with the following standards for
their housing and care as a condition precedent to obtaining or maintaining the required license
pursuant to this chapter.
(1) Enclosure Dimensions. All enclosures for a solitary adult bear or hybrid thereof
shall measure at least twenty -four feet by twenty feet or four hundred and eighty square feet with a
ten foot high secure covered top. Cages shall be increased fifty percent per each additional bear.
Enclosures shall have a secondary barrier of at least eight feet in height to prevent access to the area
by the general public. The secondary barrier shall be a minimum of five feet from the primary
enclosure.
(2) Enclosure Materials. Enclosure material shall be constructed of welded bars or not
less than 6 -gauge chain link appropriately secured, or its equivalent. In addition, all perimeters shall
have either concrete footing or horizontal protective matting around the entire perimeter to prevent
escape by digging. All enclosures shall have two doors between the animal and possible escape,
one being the primary access door and the second being safety door. All enclosure doors shall be
securely locked and include safety chains.
(3) Water. Fresh clean water for drinking shall be available at all times. Built -in
watering devices may be used for larger bears or hybrids thereof; sturdy containers may be suitable
for smaller animals. All watering devices and containers shall be cleaned and disinfected daily.
(4) Temperatures and Shelter. All bear or hybrids thereof shall have access at all times
to shelter from adverse climate conditions and those animals kept outside shall have access to
shade.
(5) Food. Bears and hybrids thereof shall have access to food which shall maintain the
animal's proper weight, nutrition, and health.
(6) Sanitation. All enclosures shall be cleaned daily and kept free of debris and fecal
material. Drainage shall be established to provide dry housing conditions. Detergents and
disinfectants shall be used on hard surfaces, pallets, and food and water containers. Drainage and
means of disposing of debris and fecal material shall be in compliance with all applicable state,
county, and local laws and regulations.
(7) Medical Attention. Proper medical attention must be provided when and as
necessary to maintain the bear(s) or hybrid(s) in healthy condition.
(8) Transportation. At no time shall a bear or hybrid thereof be transported away from
the owner's premises by use only of a leash. Such animals must be transported in a manner that
would not constitute a public threat or nuisance. When in or on a vehicle for said purpose said bear
or hybrid thereof shall be appropriately and effectively contained in a secure, locked portable
enclosure. When moving a bear or hybrid thereof away from the owner's premises to a vehicle, a
cable system shall be employed.
(9) Animal Restricted to Owner's Property. At no time shall a bear or hybrid thereof be
located other than on the licensed owner's premises in an approved enclosure or indoor housing as
provided for above, except during transportation as described in subsection (8), above.
(10) Signage. A sign or signs, including a symbol recognizable to children, shall be
permanently affixed to the secondary barrier indicating that there is an inherently dangerous ursidae
or hybrid thereof within such enclosure.
(11) Exhibiting. No inherently dangerous ursidae or hybrid thereof shall be exhibited off the
licensed owner's premises.
(d) blousing and Care of Inherently Dangerous Reptiles. A harborer and/or owner of any
inherently dangerous reptile shall comply with the following standards for their housing and care as
a condition precedent to obtaining or maintaining the required license pursuant to this section.
(1) Enclosure Dimensions and Other Requirements for Venomous Snakes. For up to
two specimens, a cage having a perimeter one and one -half times the length of the longest confined
snake. For each additional snake over two, the cage floor area shall be increased by twenty -five
percent.
(2) Enclosure Materials for Venomous Snakes. Cages shall be fronted with three -
sixteenths inch thick Plexiglas or tempered glass. Ventilation openings shall be covered with one -
eighth inch mesh. For venomous snakes, double walls of mesh sufficient to prevent penetration of
fangs to outside of enclosure shall be installed. Cages must be structurally sound and may be
constructed of waterproofed plywood at least one - quarter inch thick, concrete plastered over wire,
sheet metal, fiberglass, or a minimum of one- quarter inch thick molded plastic. Construction shall
be sturdy and escape proof. All doors must close securely and be key - locked.
(3) Enclosure Dimensions and Other Requirements for Gila Monsters and Beaded
Lizards. For each lizard, minimum cage length shall be one and one -half times the length of the
longest confined lizard and minimum cage width shall be four times the width of the largest
confined lizard. Cages must have adequate ventilation, fresh water, and access to sunlight or full
spectrum fluorescent lighting with appropriate shade also available. For each additional lizard, the
cage floor area shall be increased one hundred percent. Doors are to close securely and be key -
locked.
(4) Enclosure Dimensions and Other Requirements for Crocodilians. For one
crocodilian, minimum cage size must permit moving and turning both on land and in a pool. For
additional crocodilians, the combined area covered by their bodies shall not exceed fifty percent of
cage area. Pool must be of sufficient depth to permit entire body submersion and must be readily
accessible to caretakers either by securing ramps into and out of the water or by building a sunken
pool with a sloped interior. Enclosures for crocodilians greater than five feet in length must have
shift facilities to permit safe cleaning, cage repair, or other separations. Shift cages shall measure at
least eight feet by five feet.
(A) In addition, indoor facilities shall be equipped with full spectrum fluorescent
lighting and heat lamps for basking. Cages must be secure and escape proof. Doors to cages must
be key- locked.
(B) In addition, the floors of outdoor cages shall be of concrete or masonry construction.
Walls shall be a minimum height of four feet and constructed of wire mesh no smaller than 11.5 -
gauge. The cage is to be completely roofed by mesh wire. Crocodilians shall have access to shade
and heated indoor facilities during cold weather. Entrance doors accessible to the public shall be
kept key - locked.
(5) Temperatures and Shelter. Species appropriate temperature, lighting, and shelter
shall be provided at all times.
(6) Food and Water. Reptiles are to be fed and watered at a rate at which proper weight,
nutrition, and health are maintained.
(7) Sanitation. All cages and enclosures are to be kept sanitary and in good repair. Feces
and uneaten food shall be removed daily. Crocodilian pools are to be full at all times and the water
replaced weekly or continuously filtered.
(8) Medical Attention. Proper medical attention must be provided when and as
necessary to maintain the reptile(s) in a healthy condition.
(9) Transportation.
(A) Venomous Reptiles. At no time shall a venomous reptile be transported away from
the owner's premises, except for transportation to and from said veterinarian's office or for transfer
of ownership of said animal. Reptile shall be appropriately and effectively contained in a secure,
locked, portable container. The container shall be appropriately marked to advise of its contents.
(B) Reptiles Other than Venomous Reptiles. At no time shall an inherently dangerous
reptile be transported away from the owner's premises, except for transportation to and from said
veterinarian's office, approved educational program or exhibit, or for transfer of ownership of said
animal. When in or on the owner's vehicle, said reptile shall be appropriately and effectively
contained in a secure, locked portable container.
(10) Animal Restricted to Owner's Property. At no time shall a reptile be located other than
on the licensed owner's premises in an approved enclosure, except during transportation as
described hereinabove.
(11) Signage. A sign or signs, including a symbol recognizable to children, shall be
permanently affixed to the secondary barrier indicating that there is an inherently dangerous reptile
within such enclosure.
(e) The animal control director in conjunction with the issuance of any license as
required under Section 5.12.060 of this chapter, may grant a variance from the enclosure
dimensions, and/or enclosure materials provisions within this section for any enclosures used to
house inherently dangerous mammals and /or inherently dangerous reptiles which were in existence
on the effective date of the ordinance codified in this chapter, so long as such variance does not, in
the sole discretion of the director, jeopardize the animal's welfare or public safety.
(t) Harboring and /or owning an inherently dangerous mammal and /or reptile in
violation of the provisions of this section is a misdemeanor. (Res. 99 -0359 (part), 1999; Res. 96-
1007 § Vlll, 1996)
5.12.090 Impounding/housing fees, violations, penalties.
(a) Impound fees for services provided by the animal control department shall include
all costs actually incurred in conjunction with an impound, not less than one hundred dollars
minimum per animal for the impound of each inherently dangerous mammal or inherently
dangerous reptile, to be paid by the animal's owner to Spokane County animal control department.
The animal control department shall maintain a detailed account of all expenses incurred in
conjunction with impounding any animal. This fee shall be paid regardless of whether the animal is
returned to the owner and shall be paid prior to the animal's release to the owner subject to the
Spokane County animal control department director's decision to release the animal.
The director shall have the authority to determine the size of animals which the county will
impound based upon the capabilities, equipment and facilities available for use.
(b) Housing fees for services provided by the animal control department shall be
established by the animal control director for each inherently dangerous mammal and /or inherently
dangerous reptile. Such fees shall include all costs of housing such animals regardless of whether
such costs are incurred at a county owned or operated facility or a contract facility.
(c) Failure to pay impound fees or housing fees as required in this section is a
misdemeanor. (Res. 96 -1007 § IX, 1996)
5.12.100 Enforcement provisions.
(a) Revocation of License. A license issued pursuant to this chapter may be revoked by
the director for failure of the licensee to comply with any license conditions or any other provisions
of this chapter. The director shall in writing, advise the licensee of the specific license condition(s)
and/or provisions of the chapter violated, the date that his/her license is to be revoked, and his/her
right to appeal the license revocation by filing a written appeal within ten calendar days of receipt
of notification from the director. The written appeal shall be submitted in writing to the Spokane
County hearing examiner. The written appeal shall specify the reason(s) why his/her license should
not be revoked. in the event any person appeals his/her license revocation, all inherently dangerous
mammal(s) and/or inherently dangerous reptile(s) shall be impounded under subsection (b)
hereinafter until the appeal is concluded with finality. Upon receipt of a written appeal, the
Spokane County hearing examiner shall schedule a hearing to consider the appeal. The licensee
shall be given at least ten calendar days notice of the hearing date before the hearing examiner. The
decision of the hearing examiner shall be final and binding, unless within fourteen calendar days of
the hearing examiner's written decision, the licensee appeals the hearing examiner said decision to
the board of county commissioners. if the hearing examiner's decision is appealed, the board of
county commissioners shall consider the appeal on the record of the hearing examiner. The
decision of the board of county commissioners shall be in writing and may be appealed to the
Spokane County Superior Court within thirty days in the manner provided under the general laws
of the state.
If a license is revoked, the owner of the animal(s) which is /are the subject of the license
shall transfer ownership of the animal(s) by sale or gift to another person who already is in
compliance with this chapter, with the written approval of the director, and provided the other
person has or can obtain the license required by this chapter. In the alternative and with the written
approval of the director, the animals) can be permanently removed from the unincorporated area of
Spokane County, or upon approval of the owner and payment of fees, the animal will be
euthanized.
(b) Impoundment -- Disposition of Impounded Animals. Any inherently dangerous
mammal and /or inherently dangerous reptile which is kept by any person in violation of this
chapter may be taken up and impounded by a code enforcement officer, an animal control officer,
or a law enforcement officer for the protection and health of the animal and/or for the protection of
the health, safety and welfare of the public. Cost of take -up, impoundment, care and boarding of the
animal will be charged to its owner or harborer regardless of whether the animal is claimed by or
returned to said owner or harborer.
The owner or harborer of the animal can reclaim the animal only if the person is in
compliance with this chapter and only after all fines and costs have been paid by the owner or
harborer. Any other intended disposition of the animal requires the approval o f the director.
If no owner or harborer can be located or will claim the animal within five calendar days
after impoundment, the director may cause the sale, adoption, donation, or euthanization of the
animal. Prior to any sale, adoption, donation or euthanasia of any animal, the director shall mail
written notice to the last known address, if any, of the owner or harborer. if the director is unaware
of any last known owner or harborer, the director shall cause to be published once in the county
legal newspaper his/her intention to cause the sale, adoption, donation, or euthanasia of such animal
unless the same is reclaimed within five days of the first day of publication.
In addition to any other provisions of this chapter regulating the euthanasia of inherently
dangerous mammals and /or inherently dangerous reptiles, inherently dangerous mammals and /or
inherently dangerous reptiles harbored or owned in violation of this chapter may be subject to
euthanasia if any one of the following exigent circumstances is deemed to exist by the director:
(1) The animal presents an imminent likelihood of serious physical harm to the public
and there is no other reasonably available means of abatement; or
(2) There is no reasonable basis to believe that a violation can be or in good faith will be
corrected and after reasonable search or inquiry by the director no facility as authorized by local,
state or federal law is available to house the animal; or
(3) The animal suffers from a communicable disease injurious to other animals or
human beings, as determined by the Spokane County health officer; provided, that this section shall
not apply if the animal is under treatment by a licensed veterinarian and may reasonably be
expected to recover without infecting other animals or human beings. (Res. 99 -0359 (part), 1999;
Res. 96 -1007 § X, 1996)
5.12.1 10 Sale and transfer of inherently dangerous mammals and/or inherently dangerous
reptiles.
Any person who sells, gives, or in any way transfers possession or ownership of an
inherently dangerous mammal and/or inherently dangerous reptile to another person within the
unincorporated area of Spokane County shall maintain records reflecting the name, address, and
telephone number of the receiver of the animal; a complete and accurate description of the animal
transferred. This information shall be communicated to the Animal Control Department prior to or
at the same time as the transfer occurs. (Res. 96 -1007 § XI, 1996)
5.12.120 Running at large /duty to notify animal control department.
Any person owning or harboring, having custody, control, or possession of an inherently
dangerous mammal and /or any inherently dangerous reptile shall have the duty when they know or
should reasonably know said inherently dangerous mammal and/or inherently dangerous reptile
shall be running at large as defined in Section 5.12.030 of this chapter to notify the animal control
department of such fact.
Failure to notify the animal control department that an inherently dangerous mammal and/or
inherently dangerous reptile is running at large as defined in Section 5.12.030 of this chapter is a
misdemeanor. (Res. 96 -1007 § XII, 1996)
5.12.130 Rabies virus testing/duty to reimburse for costs.
It shall be the responsibility of any person owning or harboring, having custody, control, or
possession of an inherently dangerous mammal to reimburse the Spokane County health district, or
its successor, for all costs, including but not limited to, the capture, holding, testing, transporting,
reporting, and notification connected with the destruction of an inherently dangerous mammal for
submission to the Spokane County health district, or its successor, for routing to the Washington
State Department of Health for rabies virus testing, which testing is a direct result of an order
issued by the health officer. Such costs shall be paid within thirty days of date of mailing.
Failure to pay the Spokane County health district, or its successor, all costs as provided for
herein within thirty days of date of mailing is a misdemeanor. (Res. 96 -1007 § XIII, 1996)
5.12.140 Agreements.
The board of county commissioners of Spokane County, Washington may enter into
agreements with any veterinarian, governmental agency, city, corporation or individual it deems
necessary to carry out the provisions of this chapter. (Res. 96 -1007 § XIV, 1996)
5.12.150 Severability.
I f any section, sentence, subdivision or clause of this chapter shall for any reason be held
invalid or unconstitutional sueh decision shall not affect the validity of the remaining portions of
this chapter. (Res. 96 -1007 §- XV, 1996)
5.12.160 Compliance with other laws.
In addition to complying with all provisions of this chapter, no person shall harbor and/or
own an inherently dangerous mammal and/or inherently dangerous reptile within the
unincorporated area of Spokane County without complying with all other applicable federal, state
and local laws, ordinances and regulations. (Res. 96 -1007 § XVI, 1996)
RCW 16 . 54 CHAPTER Page 1 of 1
SECTIONS
16.54 -010 When deemed aba cloncd-
16.54.020 Disposition of abandoned animal by pc[son having custody.
16.54.030 Duty of sheriff -- Sale -- Disposition of proceedc.
RCW 16,54,010
When deemed abandoned.
An animal is deemed to be abandoned under the provisions of this chapter when it is placed in the
custody of aNetennarian, boarding kennel owner, or any person for treatment, board, or care and:
(1) Having been placed in such custody for an unspecified period of time the animal is not removed
within fifteen days after notice to remove the animal has been given to the person who placed the animal
in such custody or having been so notified the person depositing the animal refuses or fails to pay agreed
upon or reasonable charges for the treatment, board, or care of such animal, or;
(2) Having been placed in such custody for a specified period of time the animal is not removed at
the end of such specified period or the person depositing the animal refuses to pay agreed upon or
reasonable charges for the treatment, board, or care of such animal.
[1977 ex.s. c 67 § 1; 1955 c 190 § 1 .]
0955 c 190 § 2.]
[1955 c 190 3 -
Chapter 16.54 RCW
ABANDONED ANIMALS
RCW 16.54.020
Disposition oFabandoned animal by person having custody.
Any person having in his care, custody, or control any abandoned anima! as defined in RCW 16.54.010,
may deliver such animal to any humane society having facilities for the care of such animals or to any
pouted maintained by or under contract or agreement with any city or county within which such animal
was abandoned. If no such humane society or pound exists within the county the person with whom the
animal was abandoned may notify the sheriff of the county wherein the abandonment occurred,
RCW 16.54.030
Duty of sheriff -- Sale -- Disposition of proceeds.
It shall be the duty of the sheriff of such county upon being so notified, to dispose of such animal as
provided by law in reference to estrays if such law is applicable to the animal abandoned, or if not so
applicable then such animal shall be sold by the sheriff at public auction. Notice of any such sale shall
be given by posting a notice in three public places in the county at least ten days prior to such public
sale. Proceeds of such sale shall be paid to the county treasurer for deposit in the county general fund.
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RCW 16. 08 CHAPTER Page 1 of 6
Chapter 16.08 RCW
DOGS
(Formerly Dangerous dogs)
SECTIONS
1 Liability for injury to stock by dogs.
16.08.020 Dogs injuring stock may be killed.
16.08.030 Marauding dog -- Duty of owner to kill.
1 6.08.040 Dog bites -- Liability.
16 05.050 Entrance on private property, when lawful.
16.08.060 Provocation as a defense.
16.08.070 Dangerous dogs and related definitions.
16.0S, Dangerous dogs -- Notice to owners -- Right of appeal -- Certificate of registration required -- Surety bond —
Liability insurance -- Restrictions.
16.08 090 Dangerous dogs — Requirements for restraint -- Potentially dangerous dcigs -- Dogs not declared dangerous.
16.08.100 Dangerous dogs -- Confiscation -- Conditions -- Duties of animal control authority -- Penalties and affirmative
defenses for owners of dogs that attack -- Dog fights, penalty.
RCW 16.08.010
Liability for injury to stock by dogs.
The owner or keeper of any dog shall be liable to the owner of any animal killed or injured by such dog
for the amount of damages sustained and costs of collection, to be recovered in a civil action.
[1985 c 415 § 14; 1929c 198 § 5; RRS § 3106. Prior: 1919 c 6 § 5; RCS § 3106.1
•
RCW 16.08.020
Dogs injuring stock may be killed.
It shall be lawful for any person who shall see any dog or dogs chasing, biting, injuring or killing any
sheep, swine or other domestic animal, including poultry, belonging to such person, on any real property
owned or leased by, or under the control of, such person, or on any public highway, to kill such dog or
dogs, and it shall be the duty of the owner or keeper of any dog or dogs so found chasing, biting or
injuring any domestic animal, including poultry, upon being notified of that fact by the owner of such
domestic animals or poultry, to thereafter keep such dog or dogs in leash or confined upon the premises
of the owner or keeper thereof, and in case any such owner or keeper of a dog or dogs shall fail or
neglect to comply with the provisions of this section, it shall be lawful for the owner of such domestic
animals or poultry to kill such dog or dogs found running at large.
[1929 c 198 § 6; RRS § 3107. Prior: 1919c 6 § 6; 1917 c 161 § 6; RCS § 3107.]
RCW 16.08.030
Marauding dog — Duty of owner to kill.
It shall be the duty of any person owning or keeping any dog or dogs which shall be found killing any
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domestic animal to kill such dog or dogs within forty -eight hours after being notified of that fact, and
any person failing or neglecting to comply with the provisions of this section shall be deemed guilty of a
misdemeanor, and it shall be the duty of the sheriff or any deputy sheriff to kill any dog found running at
large (after the first day of August of any year and before the first day of March in the following year)
without a metal identification tag.
[1929c 198§ 7;RRS §3108. Prior: 1919c6 §7; 1917 e 161 §7; RCS§ 3108.]
RCW 16.08.040
Dog bites — Liability.
The owner of any dog which shall bite any person while such person is in or on a public place or
lawfully in or on a private place including the property of the owner of such dog, shall be liable for such
damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the
owner's knowledge of such viciousness.
[1941 c 77 § I; Rem. Supp. 1941 § 3109 -1.]
RCW 16.08.050
Entrance on private property, when lawful.
A person is lawfully upon the private property of such owner within the meaning of RCW 16.08.040
when such person is upon the property of the owner with the express or implied consent of the owner:
PROVIDED, That said consent shall not be presumed when the property of the owner is fenced or
reasonably posted.
[1979 c 148 § 1; 1941 c 77 § 2; }hem. Supp. 1941 § 3109 -2.1
RCW 16.08.060
Provocation as a defense.
Proof of provocation of the attack by the injured person shall be a complete defense to an action for
damages.
[194 1 c 77 § 3; Rem. Supp. 1941 § 3109 -3.]
RCW 16.08.070
Dangerous dogs and related definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW
16.08.070 through . 16.08.100.
(1) "Potentially dangerous dog" means any dog that when unprovoked: (a) Inflicts bites on a human
or a domestic animal either on public or private property, or (b) chases or approaches a person upon the
streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog
with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause
injury or otherwise to threaten the safety of humans or domestic animals.
(2) "Dangerous dog" means any dog that (a) inflicts severe injury on a human being without
provocation on public or private property, (b) kills a domestic animal without provocation while the dog
is off the owner's property, or (c) has been previously found to be potentially dangerous because of
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injury inflicted on a human, the owner having received notice of such and the dog again aggressively
bites, attacks, or endangers the safety of humans.
(3) "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations
requiring multiple sutures or cosmetic surgery.
(4) "Proper enclosure of a dangerous dog" means, while on the owner's property, a dangerous dog
shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to
prevent the entry of young children and designed to prevent the animal from escaping. Such pen or
structure shall have secure sides and a secure top, and shall also provide protection from the elements for
the dog.
(5) "Animal control authority" means an entity acting alone or in concert with other local
governmental units for enforcement of the animal control laws of the city, county, and state and the
shelter and welfare of animals.
(6) "Animal control officer" means any individual employed, contracted with, or appointed by the
animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or
ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of
animals, and includes any state or local law enforcement officer or other employee whose duties in
whole or in part include assignments that involve the seizure and impoundment of any animal.
(7) "Owner" means any person, firm, corporation, organization, or department possessing, harboring,
keeping, having an interest in, or having control or custody of an animal.
[2002 c 244 § 1;1987c94 § 11
]
NOTES:
Severability — 1987 c 94: "If any provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the application of the provision to other persons
or circumstances is not affected." [ 1987 c 94 § 6.]
RCW 16.08.080
Dangerous dogs — Notice to owners — Right of appeal — Certificate of registration required —
Surety bond — Liability insurance — Restrictions.
(1) Any city or county that has a notification and appeal procedure with regard to determining a dog
within its jurisdiction to be dangerous may continue to utilize or amend its procedure. A city or county
animal control authority that does not have a notification and appeal procedure in place as of June 13,
2002, and seeks to declare a dog within its jurisdiction, as defined in subsection (7) of this section, to be
dangerous must serve notice upon the dog owner in person or by regular and certified mail, return
receipt requested.
(2) The notice must state: The statutory basis for the proposed action; the reasons the authority
considers the animal dangerous; a statement that the dog is subject to registration and controls required
by this chapter, including a recitation of the controls in subsection (6) of this section; and an explanation
of the owner's rights and of the proper procedure for appealing a decision finding the dog dangerous.
(3) Prior to the authority issuing its final determination, the authority shall notify the owner in writing
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that he or she is entitled to an opportunity to meet with the authority, at which meeting the owner may
give, orally or in writing, any reasons or information as to why the dog should not be declared
dangerous_ The notice shall state the date, time, and location of the meeting, which must occur prior to
expiration of Fifteen calendar days following delivery of the notice. The owner may propose an
alternative meeting date and time, but such meeting must occur within the fifteen -day time period set
forth in this section, After such meeting, the authority must issue its final determination, in the form ofa
written order, within fifteen calendar days. In the event the authority declares a dog to be dangerous, the
order shall include a recital of the authority for the action, a brief concise statement of the facts that
support the determination, and the signature of the person who made the determination_ The order shall
be sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the
owner's last address known to the authority.
(4) If the local jurisdiction has provided for an administrative appeal of the final determination, the
owner must follow the appeal procedure set forth by that jurisdiction, if the local jurisdiction has not
provided for an administrative appeal, the owner may appeal a municipal authority's final determination
that the dog'is dangerous to the municipal court, and may appeal a county animal control authority's or
county sheriffs final determination that the dog is dangerous to the district court, The owner must make
such appeal within twenty days of receiving the final determination_ While the appeal is pending, the
authority may order that the dog be confined or controlled in compliance with RCW 16.08,090, If the
dog is determined to be dangerous, the owner must pay all costs of confinement and control.
(5) It is unlawful for an owner to have a dangerous dog in the state without a certificate of
registration issued under this section, This section and RCW 16.05.090 and 16,138.100 shall not apply to
police dogs as defined in RCW 4.24.10.
(6) Unless a city or county has a more restrictive code requirement, the animal control authority of
the city or county in which an owner has a dangerous dog shall issue a certificate of registration to the
owner of such animal if the owner presents to the animal control unit sufficient evidence of:
(a) A proper enclosure to confine a dangerous dog and the posting of the prernises with a clearly
visible warning sign that there k a dangerous dog on the property, In addition, the owner shall
conspicuously display a sign with a warning symbol that informs children of the presence of a
dangerous dog;
(b) A surety bond issued by a surety insurer qualified under chapter 48,28 RCW in a form acceptable
to the animal control authority in the sum of at least two hundred fifty thousand dollars, payable to any -
person injured by the dangerous dog; or
(c) A policy of'liability insurance, such as homeowner's insurance, issued by an insurer qualified
under Title 48 RCW in the amount of at least two hundred fifty thousand dollars, insuring the owner for
any personal injuries inflicted by the dangerous dog.
(7)(a)(i) If an owner has the dangerous dog in an incorporated area that is serviced by both a city and
a county animal control authority, the owner shall obtain a certificate of registration from the city
authority;
(ii) If an owner has the dangerous dog in an incorporated or unincorporated area served only by a
county animal control authority, the owner shall obtain a certificate of registration from the county
authority;
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RCW 16.08 CHAPTER Page 5 of 6
(iii) Ilan owner has the dangerous dog in an incorporated or unincorporated area that is not served by
an animal control authority, the owner shall obtain a certificate of registration from the office of the
local sheriff.
(b) This subsection does not apply if a city or county does not allow dangerous dogs within its
jurisdiction.
(8) Cities and counties may charge an annual fee, in addition to regular dog licensing fees, to register
dangerous dogs.
(9) Nothing in this section limits a local authority in placing additional restrictions upon owners of
dangerous dogs. This section does not require a local authority to allow a dangerous dog within its
jurisdiction.
[2002 c 244 § 2; 1989 c 26 § 3; 1987 c 94 § 2.]
NOTES:
Severability — 1987 c 94: See note following RCW 16.08.070.
RCW 16.08.090
Dangerous dogs — Requirements for restraint — Potentially dangerous dogs — Dogs not declared
dangerous.
(1) It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper enclosure
unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a
responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or
interfere with its vision or respiration but shall prevent it from biting any person or animal.
(2) Potentially dangerous dogs shall be regulated only by local, municipal, and county ordinances.
Nothing in this section limits restrictions local jurisdictions may place on owners of potentially
dangerous dogs.
(3) Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person
who, at the time, was committing a wilful trespass or other tort upon the premises occupied by the
owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or
reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a
crime.
[I987c94 §3.]
NOTES:
Severability — 1987 c 94: See note following RCW 16.08.070
RCW 16.08.100
Dangerous dogs — Confiscation — Conditions — Duties of animal control authority — Penalties and
affirmative defenses for owners of dogs that attack — Dog fights, penalty.
(1) Any dangerous dog shall be immediately confiscated by an animal control authority if the: (a) Dog is
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not validly registered under F(CW 16.08.080; (b) owner does not secure the liability insurance coverage
required under RCW 16.08,080; (c) dog is not maintained in the proper enclosure; or (d) dog is outside
of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of the
responsible person. The owner must pay the costs of confinement and control, The animal control
authority trust serve notice upon the dog owner in person or by regular and certified mail, return receipt
requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible
for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious
and humane manner if the deficiencies for which the dog was confiscated are not corrected within
twenty days. The animal control authority shall destroy the confiscated dangerous dog in an expeditious
and humane manner if any deficiencies required by this subsection are not corrected within twenty days
of notification_ In addition, the owner shah be guilty of a gross misdemeanor punishable in accordance
with RCW 9A. 0,021 _
(2) If a dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person
or another domestic animal, the dog's owner is guilty of a class C felony, punishable in accordance with
RUN 9A.20.021. It is an affirmative defense that the defendant must prove by a preponderance of the
evidence that he or she was in compliance with the requirements for ownership of a dangerous dog
pursuant to this chapter and the person or domestic animal attacked or bitten by the defendant's dog
trespassed on the defendant's real or personal property or provoked the defendant's dog without
justification or excuse. In addition, the dangerous dog shall be immediately confiscated by an animal
control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an
expeditious and humane manner,
(3) The owner of any dog that aggressively attacks and causes severe injury or death of any human,
whether or not the dog has previously been declared potentially dangerous or dangerous, shall, upon
conviction, be guilty of a class C felony punishable in accordance with RCW 9A.20.021. It is an
affirmative defense that the defendant must prove by a preponderance of the evidence that the human
severely injured or killed by the defendant's dog; (a) Trespassed on the defendant's real or persona]
property which was enclosed by fencing suitable to prevent the entry of young children and designed to
prevent the dog from escaping and marked with clearly visible signs warning people, including children,
not to trespass and to beware of dog; Of (b) provoked the defendant's dog without justification or excuse
on the defendant's real or personal property which was enclosed by fencing suitable to prevent the entry
of young children and designed to prevent the dog from escaping and marked with clearly visible signs
warning people, including children, not to trespass and to beware of dog. to such a prosecution, the state
has the burden of showing that the owner of the dog either knew or should have known that the dog was
potentially dangerous as defined in this chapter_ The state may riot meet its burden of proof that the
owner should have known the dog was potentially dangerous solely by showing the dog to be a
particular breed or breeds. In addition, the dog shall be immediately confiscated by an animal control
authority, quarantined, and upon conviction of the owner destroyed in an expeditious and humane
manner.
(4) Any person entering a dog in a dog fight is guilty ofa class C felony punishable in accordance
with RCW 9A.20.02
[2002 c 244 § 3: 1987 c § 4]
NOTES:
everability -- 1987 . c 4: See note following RCW 16.08 070
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RCW 16 . 52 CHAPTER Page 1 of 13
Chapter 16.52 RCW
PREVENTION OF CRUELTY TO ANIMALS
SECTIONS
16.52,011 Definitions -- Principles of liability.
16 52.015 Enforcement -- Law enforcement agencies and animal care and control agencies.
16,52.020 Humane societies -- Enforcement authority.
6.52.025 Humane societies -- Animal control officers.
16.52.080 Transporting or confining in unsafe manner -- Penalty.
16.52.085 Removal of animals for feeding — Examination — Notice -- Euthanasia.
16.52.090 Docking horses -- Misdemeanor.
16.52.095 Cutting ears — Misdemeanor.
16.52,100 Confinement without food and water -- Intervention by others.
16.52, 1 10 Old or diseased animals at large.
16.52`1 17 Animal fighting -- Owners, trainers, spectators -- Exceptions.
16.52.165 Punishment -- Conviction of misdemeanor.
16,52.180 Limitations on application of chapter.
16.52.185 Exclusions from chapter.
16 52.190 Poisoning animals.
16.52. 193 Poisoning animals — Strychnine sales — Records — Report on suspected purchases.
16.52.1 95 Poisoning animals -- Penalty.
16.52.200 Sentences -- Forfeiture of animals — Liability for costs -- Civil penalty -- Education, counseling.
16.52.205 Animal cruelty in the first degree.
16.52,207 Animal cruelty in the second degree.
16.52.210 Destruction of animal by law enforcement officer -- Immunity from liability.
16.52.220 Transfers of mammals for research -- Certification requirements — Pet animals.
16.52,230 Remedies not impaired.
16.52.300 Dogs or cats used as bait -- Seizure — (..imitation.
NOTES:
Cruelty to stock in transit: RCW 81.56.120.
Pet animals -- Taking, concealing, injuring, killing, etc. -- Penalty: RCW 9.08.070.
RCW 16.52.011
Definitions -- Principles of liability.
(1) Principles of liability as defined in chapter 9A.08 RCW apply to this chapter.
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(2) Unless the context clearly requires otherwise, the definitions in this section apply throughout this
chapter.
(a) "Animal" means any nonhuman mammal, bird, reptile, or amphibian.
(b) "Animal care and control agency" means any city or county animal control agency or authority
authorized to enforce city or county municipal ordinances regulating the care, control, licensing, or
treatment of animals within the city or county, and any corporation organized under RCW 16.52 020
that contracts with a city or county to enforce the city or county ordinances governing animal care and
control.
(c) "Animal control officer" means any individual employed, contracted, or appointed pursuant to
RCA 16.52.025 by an animal care and control agency or humane society to aid in the enforcement of
ordinances or laws regulating the care and control of animals. For purposes of this chapter, the term
"animal control officer" shall be interpreted to include "humane officer" as defined in (e) of this
subsection and RCW 1652.025.
(d) "Euthanasia" means the humane destruction of an animal accomplished by a method that involves
instantaneous unconsciousness and immediate death, or by a method that causes painless loss of
consciousness, and death during the loss of consciousness.
(e) "Humane officer" means any individual employed, contracted, or appointed by an animal care and
control agency or humane society as authorized under RCW 16,52.025.
(f) "Law enforcement agency" means a general authority Washington law enforcement agency as
defined in RCW 10.93.020.
(g) "Necessary food" means the provision at suitable intervals of wholesome foodstuff suitable for
the animal's age and species and sufficient to provide a reasonable level of nutrition for the animal.
(h) "Owner" means a person who has a right, claim, title, legal share, or right of possession to an
animal or a person having lawful control, custody, or possession of an animal.
(i) "Person" means individuals, corporations, partnerships, associations, or other legal entities, and
agents of those entities.
(j) "Substantial bodily harm" means substantial bodily harm as defined in RCW 9A.04.110.
[1994c261 §2.J
NOTES:
Finding — Intent — 1994 c 261: "The legislature finds there is a need to modernize the law on
animal cruelty to more appropriately address the nature of the offense. It is not the intent of this act to
remove or decrease any of the exemptions from the statutes on animal cruelty that now apply to
customary animal husbandry practices, state game or fish laws, rodeos, fairs under chapter 15.76 RCW,
or medical research otherwise authorized under federal or state law. It is the intent of this act to require
the enforcement of chapter 16.52 RCW by persons who are accountable to elected officials at the local
and state level." [ 1994 c 261 § 11
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RCW 16.52.015
Enforcement — Law enforcement agencies and animal care and control agencies.
(1) Law enforcement agencies and animal care and control agencies may enforce the provisions of this
chapter. Animal care and control agencies may enforce the provisions of this chapter in a county or city
only if the county or city legislative authority has entered into a contract with the agency to enforce the
provisions of this chapter.
(2) Animal control officers enforcing this chapter shall comply with the same constitutional and
statutory restrictions concerning the execution of police powers imposed on law enforcement officers
who enforce this chapter and other criminal laws of the state of Washington.
(3) Animal control officers have the following enforcement powers when enforcing this chapter:
(a) The power to issue citations based on probable cause to offenders for misdemeanor and gross
misdemeanor violations of this chapter or RCW 9.08.070 or 81.56.120;
(b) The power to cause a law enforcement officer to arrest and take into custody any person the
animal control officer has probable cause to believe has committed or is committing a violation of this
chapter or RCW 9.08.070 or 81.56.120. Animal control officers may make an oral complaint to a
prosecuting attorney or a law enforcement officer to initiate arrest. The animal control officer causing
the arrest shall file with the arresting agency a written complaint within twenty-four hours of the arrest,
excluding Sundays and legal holidays, stating the alleged act or acts constituting a violation;
(c) The power to carry nonfirearm protective devices for personal protection;
(d) The power to prepare affidavits in support of search warrants and to execute search warrants
when accompanied by law enforcement officers to investigate violations of this chapter or RCW
9.08.070 or 81.56.120, and to seize evidence of those violations.
(4) Upon request of an animal control officer who has probable cause to believe that a person has
violated this chapter or RCW 9.08.070 or 81.56.120, a law enforcement agency officer may arrest the
alleged offender.
[1994 c 261 § 3.J
NOTES:
Finding -- Intent -- 1994 c 261: See note following RCW 16.52 011.
RCW 16.52.020
Humane societies -- Enforcement authority.
Any citizens of the state of Washington incorporated under the laws of this state as a humane society or
as a society for the prevention of cruelty to animals may enforce the provisions of this chapter through
its animal control officers subject to the limitations in RCW 16.52.015 and 16,52.025. The legislative
authority in each county may grant exclusive authority to exercise the privileges and authority granted
by this section to one or more qualified corporations for a period of up to three years based upon ability
to fulfill the purposes of this chapter.
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[1994 c 261 § 4; 1973 1st ex.s.c 125 § 1; 1901 c 146 § 1; RRS § 3184.)
NOTES:
Finding — Intent — 1994 c 261: See note following RCW 16.52.011.
RCW 16.52.025
Humane societies -- Animal control officers.
Trustees of humane societies incorporated pursuant to RCW 16.52_020 may appoint society members to
act as animal control officers. The trustee appointments shall be in writing. The appointment shall be
effective in a particular county only if an appointee obtains written authorization from the superior court
of the county in which the appointee seeks to enforce this chapter. To obtain judicial authorization, an
appointee seeking judicial authorization on or after June 9, 1994, shall provide evidence satisfactory to
the judge that the appointee has successfully completed training which has prepared the appointee to
assume the powers granted to animal control officers pursuant to RCA 16.52.015. The trustees shall
review appointments every three years and may revoke an appointment at any time by filing a certified
revocation with the superior court that approved the appointment. Authorizations shall not exceed three
years or trustee termination, whichever occurs first. To qualify for reappointment when a term expires
on or after June 9, 1994, the officer shall obtain training or satisfy the court that the officer has sufficient
experience to exercise the powers granted to animal control officers pursuant to RCW 16.52.01i.
[1994 c 261 § 5.]
NOTES:
Finding — Intent — 1994 c 261: See note following RCW 16.52.011.
RCW 16.52.080
Transporting or confining in unsafe manner -- Penalty.
Any person who wilfully transports or confines or causes to be transported or confined any domestic
animal or animals in a manner, posture or confinement that will jeopardize the safety of the animal or
the public shall be guilty of a misdemeanor. And whenever any such person shall be taken into custody
or be subject to arrest pursuant to a valid warrant therefor by any officer or authorized person, such
officer or person may take charge of the animal or animals; and any necessary expense thereof shall be a
lien thereon to be paid before the animal or animals may be recovered; and if the expense is not paid, it
may be recovered from the owner of the animal or the person guilty.
[1982 c 114 § 5; 1974 ex.s. c 12 § 1; 1901 c 146 § 5; RRS § 3188. Prior: 1893 c 27 § 2, part; Code 1881 § 930, part.]
NOTES:
Cruelty to stock in transit: RCW 81.56,120.
RCW 16.52.085
Removal of animals for feeding — Examination — Notice — Euthanasia.
(1) If a law enforcement officer or animal control officer has probable cause to believe that an owner of
a domestic animal has violated this chapter and no responsible person can be found to assume the
animal's care, the officer may authorize, with a warrant, the removal of the animal to a suitable place for
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feeding and care, or may place the animal under the custody of an animal care and control agency. In
determining what is a suitable place, the officer shall consider the animal's needs, including its size and
behavioral characteristics. An officer may remove an animal under this subsection without a warrant
only if the animal is in an immediate life- threatening condition.
(2) If a law enforcement officer or an animal control officer has probable cause to believe a violation
of this chapter has occurred, the officer may authorize an examination of a domestic animal allegedly
neglected or abused in violation of this chapter by a veterinarian to determine whether the level of
neglect or abuse in violation of this chapter is sufficient to require removal of the animal. This section
does not condone illegal entry onto private property.
(3) Any owner whose domestic animal is removed pursuant to this chapter shall be given written
notice of the circumstances of the removal and notice of legal remedies available to the owner. The
notice shall be given by posting at the place of seizure, by delivery to a person residing at the place of
seizure, or by registered mail if the owner is known. In making the decision to remove an animal
pursuant to this chapter, the officer shall make a good faith effort to contact the animal's owner before
removal.
(4) The agency having custody of the animal may euthanize the animal or may find a responsible
person to adopt the animal not less than fifteen business days after the animal is taken into custody. A
custodial agency may euthanize severely injured, diseased, or suffering animals at any time. An owner
may prevent the animal's destruction or adoption by: (a) Petitioning the district court of the county
where the animal was seized for the animal's immediate return subject to court- imposed conditions, or
(b) posting a bond or security in an amount sufficient to provide for the animal's care for a minimum of
thirty days from the seizure date. If the custodial agency still has custody of the animal when the bond or
security expires, the animal shall become the agency's property unless the court orders an alternative
disposition. If a court order prevents the agency from assuming ownership and the agency continues to
care for the animal, the court shall order the owner to renew a bond or security for the agency's
continuing costs for the animal's care.
(5) If no criminal case is filed within fourteen business days of the animal's removal, the owner may
petition the district court of the county where the animal was removed for the animal's return. The
petition shall be filed with the court, with copies served to the law enforcement or animal care and
control agency responsible for removing the animal and to the prosecuting attorney. If the court grants
the petition, the agency which seized the animal must deliver the animal to the owner at no cost to the
owner. If a criminal action is filed after the petition is filed but before the animal is returned, the petition
shall be joined with the criminal matter.
(6) In a motion or petition for the animal's return before a trial, the burden is on the owner to prove
by a preponderance of the evidence that the animal will not suffer future neglect or abuse and is not in
need of being restored to health.
(7) Any authorized person treating or attempting to restore an animal to health under this chapter
shall not be civilly or criminally liable for such action.
[1994c261 §6; 1987c335§ 1; 1974cx.s.c 12 §2.J
NOTES:
Finding -- Intent -- 1994 c 261: See note following RCW 16.52.011.
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Construction -- 1987 c 335: "Nothing in this act shall be construed as expanding or diminishing, in
any manner whatsoever, any authority granted officers under RCW 16.52,020 or 16.52.030." [1987 c
335 § 6.]
Severability — 1987 c 335: "[Tally provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the application of the provision to other persons
or circumstances is not affected." [1987 c 335 § 7.]
RCW 16.52.090
Docking horses — Misdemeanor.
Every person who shall cut or cause to be cut, or assist in cutting the solid part of the tail of any horse in
the operation known as "docking," or in any other operation for the purpose of shortening the tail or
changing the carriage thereof, shall be guilty of a misdemeanor.
[1901 c 146 § 6; RRS § 3189. FORMER PART OF SECTION: Code 1881 § 840; 1871 p 103 § 1; RRS § 3206, now codified
as RCW 16.52.095.]
RCW 16.52.095
Cutting ears — Misdemeanor.
1t shall not be lawful for any person to cut off more than one -half of the ear or ears of any domestic
animal such as an ox, cow, bull, calf, sheep, goat or hog, or dog, and any person cutting off more than
one -half of the ear or ears of any such animals, shall be deemed guilty of a misdemeanor, and upon
conviction, shall be fined in any sum Tess than twenty dollars. This section does not apply if cutting off
more than one -half of the ear of the animal is a customary husbandry practice.
[1994 c 261 § 7; Code 1881 § 840; 1871 p 103 § 1; RRS § 3206. Formerly RCW 16.52.090, pan.]
NOTES:
Finding — intent -- 1994 c 261: See note following RCW 16.52.011.
RCW 16.52.100
Confinement without food and water — Intervention by others.
If any domestic animal is impounded or confined without necessary food and water for more than thirty-
six consecutive hours, any person may, from time to time, as is necessary, enter into and open any
pound or place of confinement in which any domestic animal is confined, and supply it with necessary
food and water so long as it is confined. The person shall not be liable to action for the entry, and may
collect from the animal's owner the reasonable cost of the food and water. The animal shall be subject to
attachment for the costs and shall not be exempt from levy and sale upon execution issued upon a
judgment. 1f an investigating officer finds it extremely difficult to supply confined animals with food
and water, the officer may remove the animals to protective custody for that purpose.
[1994c261 § 10; 1982 c 1 l 4 § 6; 1901 c 146 § 12; RRS § 3195.]
NOTES:
Finding — Intent — 1994 c 261: See note following RCW 16.52.011.
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RCW 1 6.52.110
Old or diseased animals at urge.
Every owner, driver, or possessor of any old, maimed or diseased horse, cow, mule, or other domestic
animal, who shall permit the same to go loose in any lane, street; square, or lot or place of any city or
township, without proper care and attention, for more than three hours after knowledge thereof, shall be
guilty of a misdemeanor. PROVIDED, That this shall not apply to any such owner keeping any old or
diseased animal belonging to him on his own premises with proper care. Every sick, disabled, infirm or
crippled horse, ox, mule, cow or other domestic animal, which shall be abandoned on the public
highway, or in any open or enclosed space in any city or township, may, if, after search by a peace
officer or officer of such society no owner can be found therefor, be killed by such officer; and it shall
be the duty of all peace and public officers to cause the same to be killed on information of such
abandonment.
11901 c 146§ 13;RES 3196•]
RCW 16.52.117
Animal lighting — Owners, trainers, spectators — Exceptions.
(1) Any person who does any of the following is guilty of gross misdemeanor punishable by
imprisonment not to exceed one year, or by a fine not to exceed five thousand dollars, or by both fine
and imprisonment:
(a) Owns, possesses, keeps, or trains any animal with the intent that the animal shall be engaged in an
exhibition of fighting with another animal;
(b) For amusement or gain causes any animal to fight with another animal, or causes any animals to
injure each other; or
(c) Permits any act in violation of (a) or (b) of this subsection to be done on any premises under his
or her charge or control, or promotes or aids or abets any such act.
(2) Any person who is knowingly present, as a spectator, at any place or building where preparations
are being made for an exhibition of the fighting of animals, with the intent to be present at such
preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described
in subsection (1)(b) of this section, with the intent to be present at such exhibition fighting, or injuring,
is guilty ofa misdemeanor_
(3) 'Nothing in this section may prohibit the following:
(a) The use of dogs in the management of livestock, as defined by chapter 16.57 RCW, by the owner
of the livestock or the owner's employees or agents or other persons in lawful custody of the livestock;
(b) The use of dogs in hunting as permitted by law; or
(c) The training of animals or the use of equipment in the training ofanimals for any purpose not
prohibited by law_
[1994c261 § 11; 1982 1]4 §9.]
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NOTES:
Finding — Intent — 1994 c 261: See note following RCW 16.52.011,
RCW 16.52.165
Punishment -- Conviction of misdemeanor.
Every person convicted of any misdemeanor under RCW 16.52.080 or 16.52,090 shall be punished by a
fine of not exceeding one hundred and fifty dollars, or by imprisonment in the county jail not exceeding
sixty days, or both such fine and imprisonment, and shall pay the costs of the prosecution.
[ 1982 c 114 § 7; 1901 c l46 § 16; RRS § 3199. Formerly RCW 16.52.160, pan.]
RCW 16.52.180
Limitations on application of chapter.
No part of this chapter shall be deemed to interfere with any of the laws of this state known as the "game
laws," nor be deemed to interfere with the right to destroy any venomous reptile or any known as
dangerous to life, limb or property, or to interfere with the right to kill animals to be used for food or
with any properly conducted scientific experiments or investigations, which experiments or
investigations shall be performed only under the authority of the faculty of some regularly incorporated
college or university of the state of Washington or a research facility registered with the United States
department of agriculture and regulated by 7 U.S.C. Sec. 2131 et seq.
[1994 c 261 § 12; 1901 c 146 § 18; RRS § 3201.]
NOTES:
Finding -- Intent — 1994 c 261: See note following RCW 16.52.011.
RCW 16.52.185
Exclusions from chapter.
Nothing in this chapter applies to accepted husbandry practices used in the commercial raising or
slaughtering of livestock or poultry, or products thereof or to the use of animals in the normal and usual
course of rodeo events or to the customary use or exhibiting of animals in normal and usual events at
fairs as defined in RCW 15.76.120.
[1994 c 261 § 22; 1982 c 114 § 10.]
NOTES:
Finding — Intent — 1994 c 261: See note following RCW 16.52.011.
RCW 16.52.190
Poisoning animals.
(1) Except as provided in subsections (2) and (3) of this section, a person is guilty of the crime of
poisoning animals if the person intentionally or knowingly poisons an animal under circumstances
which do not constitute animal cruelty in the first degree.
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(2) Subsection (1) of this section shall not apply to euthanizing by poison an animal in a lawful and
humane manner by the animal's owner, or by a duly authorized servant or agent of the owner, or by a
person acting pursuant to instructions from a duly constituted public authority.
(3) Subsection (1) of this section shall not apply to the reasonable use of rodent or pest poison,
insecticides, fungicides, or slug bait for their intended purposes. As used in this section, the term
"rodent" includes but is not limited to Columbia ground squirrels, other ground squirrels, rats, mice,
gophers, rabbits, and any other rodent designated as injurious to the agricultural interests of the state as
provided in *chapter 17.16 RCW. The term "pest" as used in this section includes any pest as defined in
RCW 17.21.020.
[1994 c 261 § 13; 1941 c 105 § 1; RRS § 3207 -1. Formerly RCW 16.52.150, part.]
NOTES:
*Reviser's note: Chapter 17.16 RCW was repealed by 1994 c 11 § 1.
Finding — Intent — 1994 c 261: See note following RCW 16.52.01 1.
RCW 16.52.193
Poisoning animals — Strychnine sales — Records — Report on suspected purchases.
It shall be unlawful for any person other than a registered pharmacist to sell at retail or furnish to any
person any strychnine: PROVIDED, That nothing herein shall prohibit county, state or federal agents, in
the course of their duties, from furnishing strychnine to any person. Every such registered pharmacist
selling or furnishing such strychnine shall, before delivering the same, record the transaction as provided
in RCW 69.38.030. If any such registered pharmacist shall suspect that any person desiring to purchase
strychnine intends to use the same for the purpose of poisoning unlawfully any domestic animal or
domestic bird, he may refuse to sell to such person, but whether or not he makes such sale, he shall if he
so suspects an intention to use the strychnine unlawfully, immediately notify the nearest peace officer,
giving such officer a complete description of the person purchasing, or attempting to purchase, such
strychnine.
[1987 c 34 § 7; 1941 c 105 § 2; Rem. Supp. 1941 § 3207 -2. Formerly RCW 18.67.110.1
RCW 16.52.195
Poisoning animals — Penalty.
Any person violating any of the provisions of RCW 16.52.190 or 16,52.193 shall be guilty of a gross
misdemeanor.
[1941 c 105 § 3; RRS § 3207 -3. Formerly RCW 16.52.150, part.]
RCW 16.52.200
Sentences — Forfeiture of animals — Liability for costs — Civil penalty — Education, counseling.
(1) The sentence imposed for a misdemeanor or gross misdemeanor violation of this chapter may be
deferred or suspended in accordance with RCW 3.66.067 and 3.66.068, however the probationary period
shall be two years.
(2) In case of multiple misdemeanor or gross misdemeanor convictions, the sentences shall be
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consecutive, however the probationary period shall remain two years.
(3) In addition to the penalties imposed by the court, the court shall order the forfeiture of all animals
held by law enforcement or animal care and control authorities under the provisions of this chapter if
any one of the animals involved dies as a result of a violation of this chapter or if the defendant has a
prior conviction under this chapter. In other cases the court may enter an order requiring the owner to
forfeit the animal if the court deems the animal's treatment to have been severe and likely to reoccur. If
forfeiture is ordered, the owner shall be prohibited from owning or caring for any similar animals for a
period of two years. The court may delay its decision on forfeiture under this subsection until the end of
the probationary period.
(4) In addition to fines and court costs, the defendant, only if convicted or in agreement, shall be
liable for reasonable costs incurred pursuant to this chapter by law enforcement agencies, animal care
and control agencies, or authorized private or public entities involved with the care of the animals.
Reasonable costs include expenses of the investigation, and the animal's care, euthanization, or adoption.
(5) If convicted, the defendant shall also pay a civil penalty of one thousand dollars to the county to
prevent cruelty to animals. These funds shall be used to prosecute offenses under this chapter and to care
for forfeited animals pending trial.
(6) As a condition of the sentence imposed under this chapter or RCW 9.08.070, the court may also
order the defendant to participate in an available animal cruelty prevention or education program or
obtain available psychological counseling to treat mental health problems contributing to the violation's
commission. The defendant shall bear the costs of the program or treatment.
[1994 c 261 § 14; 1987 c 335 § 2.]
NOTES:
Finding — Intent — 1994 c 261: See note following RCW 16 52.011.
Construction — Severability — 1987 c 335: See notes following RCW 16.52.085.
RCW 16.52.205
Animal cruelty in the first degree.
(1) A person is guilty of animal cruelty in the first degree when, except as authorized in law, he or she
intentionally (a) inflicts substantial pain on, (b) causes physical injury to, or (c) kills an animal by a
means causing undue suffering, or forces a minor to inflict unnecessary pain, injury, or death on an
animal.
(2) Animal cruelty in the first degree is a class C felony.
[1994c261 §8.I
NOTES:
Finding — Intent — 1994 c 261: See note following RCW 16.52.01
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RCW 16.52.207
Animal cruelty in the second degree.
(1) A person is guilty of animal cruelty in the second degree if, under circumstances not amounting to
first degree animal cruelty, the person knowingly, recklessly, or with criminal negligence inflicts
unnecessary suffering or pain upon an animal.
(2) An owner of an animal is guilty of animal cruelty in the second degree if, under circumstances not
amounting to first degree animal cruelty, the owner knowingly, recklessly, or with criminal negligence:
(a) Fails to provide the animal with necessary food, water, shelter, rest, sanitation, ventilation, space,
or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the
failure; or
(b) Abandons the animal.
(3) Animal cruelty in the second degree is a misdemeanor.
(4) In any prosecution of animal cruelty in the second degree, it shall be an affirmative defense, if
established by the defendant by a preponderance of the evidence, that the defendant's failure was due to
economic distress beyond the defendant's control.
[1994 c 261 § 9.]
NOTES:
Finding — Intent — 1994 c 261: See note following RCW 16.52.011.
RCW 16.52.210
Destruction of animal by law enforcement officer — Immunity from liability.
This chapter shall not limit the right of a law enforcement officer to destroy an animal that has been
seriously injured and would otherwise continue to suffer. Such action shall be undertaken with
reasonable prudence and, whenever possible, in consultation with a licensed veterinarian and the owner
of the animal.
Law enforcement officers and licensed veterinarians shall be immune from civil and criminal liability
for actions taken under this chapter if reasonable prudence is exercised in carrying out the provisions of
this chapter.
[1987 c 335 § 3.]
NOTES:
Construction — Severability — 1987 c 335: See notes following RCW 16.52.085.
RCW 16.52.220
Transfers of mammals for research — Certification requirements — Pet animals.
(1) All transfers of mammals, other than rats and mice bred for use in research and livestock, to research
institutions in this state, whether by sale or otherwise, shall conform with federal laws and, except as to
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those animals obtained from a source outside the United States, shall be accompanied by one of the
following written certifications, dated and signed under penalty of perjury:
(a) Breeder certification: A written statement certifying that the person signing the certification is a
United States department of agriculture - licensed class A dealer whose business license in the state of
Washington includes only those animals that the dealer breeds and raises as a closed or stable colony
and those animals that the dealer acquires for the sole purpose of maintaining or enhancing the dealer's
breeding colony, that the animal being sold is one of those animals, and that the person signing the
certification is authorized to do so. The certification shall also include an identifying number for the
dealer, such as a business license number.
(b) True owner certification: A written statement certifying that the animal being transferred is
owned by the person signing the certification, and that the person signing the certification either (i) has
no personal knowledge or reason to believe that the animal is a pet animal, or (ii) consents to having the
animal used for research at a research institution. The certification shall also state the date that the owner
obtained the.animal, and the person or other source from whom it was obtained. The certification shall
also include an identifying number for the person signing the certification, such as a drivers' license
number or business license number. The certifications signed by or on behalf of a humane society,
animal control agency, or animal shelter need not contain a statement that the society, agency, or shelter
owns the animal, but shall state that the animal has been in the possession of the society, agency, or
shelter for the minimum period required by law that entitles it to legally dispose of the animal.
(2) In addition to the foregoing certification, all research institutions in this state shall open at the
time a dog or cat is transferred to it a file that contains the following information for each dog or cat
transferred to the institution:
(a) All information required by federal law;
(b) The certification required by this section; and
(c) A brief description of the dog or cat (e.g. breed, color, sex, any identifying characteristics), and a
photograph of the dog or cat.
The brief description may be contained in the written certification.
These files shall be maintained and open for public inspection for a period of at least two years from
the date of acquisition of the animal.
(3) All research institutions in this state shall, within one hundred eighty days of May 12, 1989, adopt
and operate under written policies governing the acquisition of animals to be used in biomedical or
product research at that institution. The written policies shall be binding on all employees, agents, or
contractors of the institution. These policies must contain, at a minimum, the following provisions:
(a) Animals shall be acquired in accordance with the federal animal welfare act, public health service
policy, and other applicable statutes and regulations;
(b) No research may be conducted on a pet animal without the written permission of the pet animal's
owner;
(c) Any animal acquired by the institution that is determined to be a pet animal shall be returned to its
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legal owner, unless the institution has the owner's written permission to retain the animal; and
(d) A person at the institution shall be designated to have the responsibility for investigating any facts
supporting the possibility that an animal in the institution's possession may be a pet animal, including
any inquiries from citizens regarding their pets. This person shall devise and insure implementation of
procedures to inform inquiring citizens of their right to prompt review of the relevant files required to be
kept by the institution for animals obtained under subsection (2) of this section, and shall be responsible
for facilitating the rapid return of any animal determined to be a pet animal to the legal owner who has
not given the institution permission to have the animal or transferred ownership of it to the institution.
(4) For the purposes of this section, "research institution" means any facility licensed by the United
States department of agriculture to use animals in biomedical or product research.
[1989c 359 § 3.1
NOTES:
Application of consumer protection act: RCW 19.86.145.
RCW 16.52.230
Remedies not impaired.
No provision of RCW 9.08.070 or 16.52.220 shall in any way interfere with or impair the operation of
any other provision of this chapter or Title 28B RCW, relating to higher education or biomedical
research. The provisions of RCW 9.08.070 and 16,52.220 are cumulative and nonexclusive and shall not
affect any other remedy.
[1989e359 §5.]
RCW 16.52.300
Dogs or cats used as bait — Seizure — Limitation.
(1) If any person commits the crime of animal cruelty in the first or second degree by using or trapping
to use domestic dogs or cats as bait, prey, or targets for the purpose of training dogs or other animals to
track, fight, or hunt, law enforcement officers or animal control officers shall seize and hold the animals
being trained. The seized animals shall be disposed of by the court pursuant to the provisions of RCW
16.52.200(3).
(2) This section shall not in any way interfere with or impair the operation of any provision of Title
28B RCW, relating to higher education or biomedical research.
[1994 c 261 § 15; 1990 c 226 § 1.]
NOTES:
Finding — Intent — 1994 c 261: See note following RCW 16.52.011.
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