Chapter 7.04
GENERALLY
Sections:
7.04.030 Authority to animal control authority.
7.04.040 Dog control zone established.
7.04.010 Declaration.
The ordinance codified in this title is enacted to enhance the public health, safety, welfare and convenience through the regulation of animal behavior to the end that offensive animal behavior will be reduced or eliminated. Furthermore, this title contains standards for the use, care and treatment of animals to the end that cruelty to animals will be reduced or eliminated.
(Ord. 127 (1989) § 1, 1989)
7.04.020 Definitions.
The terms defined below have the meanings that follow unless the context in which they are used clearly indicates a different meaning:
(1) “Adequate food and water” means food or feed appropriate to the species for which it is intended. Both food and water must be in sufficient quantity and quality to sustain the animal, and should be in containers designed and situated to allow the animal easy access.
(2) “Adequate shelter” means a structure that is moisture- and wind-proof, allows the animal to turn around freely, sit, stand and lie without restriction, keeps the animal clean and dry, and by application does not cause the animal injury, disfigurement, or physical impairment.
(3) “Adult cat” means a cat more than six months of age.
(4) “Adult dog” means a dog more than six months of age.
(5) “Animal control authority” means Kitsap Humane Society, the Kitsap County sheriff’s office, or other organization contracted by the board of county commissioners to enforce the county’s animal control provisions.
(6) “Animal welfare facility” means any indoor or outdoor facility where pets are routinely housed or maintained by or for an animal welfare organization.
(7) “Animal welfare organization” means any public or private organization registered with the Washington Secretary of State’s Office as a not-for-profit organization, whether called a kennel, cattery, shelter, society, or rescue, and includes the organization’s officers, agents, and representatives when acting in the name or on behalf of the organization that controls, rescues, shelters, cares for, or disposes of pets as all or part of the purpose of the organization.
(8) “At large” means an animal that is off the premises of the owner and not under physical restraint adequate for its size and nature or is sufficiently near its owner to be under its owner’s direct control and is obedient to its owner’s commands.
(9) “Commercial pet facility” means any place or entity where pets are boarded or bred for the primary purpose of compensation, or where pets are housed for resale, such as pet shops, but not including a veterinary hospital where boarding is incidental to treatment.
(10) “Dangerous animal” means any pet or livestock that, according to the records of the animal control authority:
(A) Has inflicted severe injury on a human being without provocation while on public or private property;
(B) Has killed a pet or livestock without provocation while off the owner’s property; or
(C) Has been previously found to be potentially dangerous, the owner having received notice of such, and the animal again aggressively bites, attacks, or endangers the safety of humans, pets, or livestock.
(11) “Enthusiast” means any person or entity that is not an animal welfare organization and that desires to own five or more spayed or neutered adult cats and/or five or more spayed or neutered adult dogs at the same location or residence, for primarily non-commercial purposes.
(12) “Enthusiast facility” means any indoor or outdoor facility where cats and/or dogs are routinely housed or maintained by or for an enthusiast.
(13) “Feral cat” means any cat that has no apparent owner or identification and is apparently wild, untamed, unsocialized, unmanageable, and unable to be approached or handled. A feral cat is not considered a pet per this title.
(14) “Grooming parlor” means any place or entity, public or private, stationary or mobile, where pets are bathed, clipped, or combed for the purpose of enhancing their aesthetic value and for which a fee is charged.
(15) “Hearing examiner” means a person(s) employed by the Board of County Commissioners to officiate over potentially dangerous animal appeals, pursuant to Section 7.12.010.
(16) “Hobbyist” means any person or entity that is not an animal welfare organization and that desires to own or maintain five or more adult cats and/or five or more adult dogs at the same location or residence, for primarily non-commercial purposes, where one or more of such animals is not spayed or neutered.
(17) “Hobbyist facility” means any indoor or outdoor facility where cats and/or dogs are routinely housed or maintained by or for a hobbyist.
(18) “Hybrid(s)” means the offspring of two animals of different species, such as the offspring resulting from breeding a domesticated dog (Canis familiaris) with a wolf (Canis lupus).
(19) “Impoundment” means when an animal is placed under the control or custody of the animal control authority.
(20) “Juvenile cat” means a cat under six months of age.
(21) “Juvenile dog” means a dog under six months of age.
(22) “Livestock” means animals including, but not limited to, all equine (horse, mule), bovine (cattle), porcine (swine), caprine (goats), ovine (sheep), camelid (camel, llama, alpaca), ratitae (ostrich, emu, rhea), domesticated poultry, game birds and waterfowl (as authorized by the state of Washington), or federally permitted fowl and other pen raised fowl, or other animals raised primarily for use as food or fiber for human utilization or consumption.
(23) “Owner” means any person or entity which controls, maintains, possesses, has custody of, or otherwise provides care, shelter, protection, restraint, refuge, food, or nourishment in such a manner as to control an animal’s activities.
(24) “Pet” means any animal maintained by a person or entity for the primary purpose of personal enjoyment, exhibition, companionship or service including, but not limited to, domesticated animals, such as cats and dogs, and non-domesticated animals suitable to living in companionship with humans, such as some birds and mammals.
(25) “Pet shop” means a commercial establishment that acquires pets for the purpose of resale.
(26) “Potentially dangerous animal” means any animal that when unprovoked:
(A) Inflicts a bite(s) on a human, pet, or livestock either on public or private property;
(B) Chases or approaches a person upon the streets, sidewalks, or any other public grounds or private property in a menacing fashion or apparent attitude of attack; or
(C) Any animal with a known propensity, tendency, or disposition to attack unprovoked, or to cause injury or otherwise threaten the safety of humans, pets, or livestock on any public or private property.
(27) “Provoke” means to intentionally agitate, harass, or excite an animal.
(28) “Service dogs” means any guide or signal dog individually trained to provide assistance to an individual with a disability or that serves public or tribal law enforcement, as well as any dog enrolled in a recognized formal training program for those types of services.
(29) “Wheeled vehicle” means any wheeled conveyance intended for use as a means of transport of persons or goods.
(Ord. 510 (2013) § 1, 2013: Ord. 266 (2002) § 1, 2002: Ord. 127-A (1999) § 1, 1999: Ord. 127 (1989) § 2, 1989)
7.04.030 Authority to animal control authority.
(a) The county may grant to the animal control authority the authority within Chapters 16.08, 16.10 and 16.52 RCW, and may further vest in the animal control authority the primary responsibility for animal control and for securing compliance with this title. The county may grant these authorities and responsibility through written contract approved by the board of commissioners.
(b) Employees of the animal control authority over the age of twenty-one, who are commissioned as Washington Humane Officers by the superior court, may be commissioned as special deputies by the county sheriff. When so commissioned, the officer shall thereby be charged with the enforcement of all ordinances, statutes and regulations relating to the care, treatment, control, impoundment, and licensing of animals. Such commissions may be issued and revoked in the discretion of the sheriff.
(Ord. 510 (2013) § 2, 2013: Ord. 266 (2002) § 2, 2002: Ord. 127-A (1999) § 2, 1999: Ord. 127 (1989) § 3, 1989)
7.04.040 Animal control zone established.
All of the unincorporated area of Kitsap County is declared to be a single animal control zone.
(Ord. 127-A (1999) § 3, 1999: Ord. 127 (1989) § 4, 1989)
7.04.050 Construction.
This title shall be liberally interpreted and construed to secure the public health, safety, morals and welfare and the rules of strict construction shall have no application.
(Ord. 127 (1989) § 22, 1989)