AN ORDINANCE relating to Animal Control; adding definitions of dangerous and potentially dangerous animals; adding and expanding definitions of different classifications of animals; clarifying the Director's authority to detain and dispose of certain animals; amending the appeals process and the authority of the Hearing Examiner on appeal; separating the licensing requirement from the vaccination requirement; increasing the insurance requirement for guard dogs, granting an exemption to the requirement to display a current license and amending Chapter 9.25 and Chapter 9.26 of the Seattle Municipal Code in accordance therewith.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 9.25.020 of the Seattle Municipal Code is amended as follows:

9.25.020 Definitions-A E.

As used in this chapter, except where a different meaning is plainly apparent from the context, the following definitions apply:

A. "Abandon" means the act of leaving an animal:

1. Without food, water, or care for twenty-four (24) hours or more; or

2. In a situation where the conditions present an immediate, direct, and serious threat to the life, safety, or health of the animal.

B. "Alter" means to permanently render an animal incapable of reproduction.

C. "Animal" means any living non-human mammal, bird, reptile, or amphibian.

CD. "Animal Control Officer" means any person who is employed with the Seattle Division of Animal Control or appointed by the Director for the purpose of aiding in the enforcement of any ordinance, or relating to the licensing control, quarantine, seizure or impoundment of animals.

E. "At large" means a dog or other animal inside The City of Seattle, off the premises of the owner, and not under control by a leash of eight (8) feet in length or shorter.

DF. "City" means The City of Seattle.

EG. "Dangerous animal" means any animal ((, other than the common household cat or dog, bees or other insects specifically provided for by ordinance, that is capable of killing or seriously injuring a human being that according to the records of the appropriate authority, (a) has inflicted severe injury on a human being without provocation on public or private property, (b) has killed a domestic animal without provocation while off the owner's property, or (c) has been previously found to be potentially dangerous, whose owner has received notice of such, which animal again aggressively bites, attacks, or endangers the safety of humans or domestic animals.

FH. "Director" means the Executive Services Director of The City of Seattle or his/her authorized representative.

GI. "Department" means the Executive Services Department of The City of Seattle.

HJ. "Disposed of in a humane manner" means euthanized by a lethal dose of sodium pentobarbital or its equivalent.

IK. "Detain" means to place an animal in custody.

L. "Domestic Animal" means an animal that is livestock, a companion animal, or both.

1. "Livestock" means any species of animal commonly used by inhabitants of

Washington State for food, fiber, or draft purposes.

2. "Companion animal" means any species of animal commonly kept by inhabitants of Washington State as a pet or for companionship, except that snakes exceeding eight (8) feet in length, venomous reptiles (regardless of whether the venom glands have been removed), and venomous amphibians (regardless of whether the venom glands have been removed) are not domestic animals, even if such animals are commonly kept by inhabitants of Washington State pets or for companionship.

M. "Exotic animal" means any species of animal that is both: 1) not a domestic animal, and 2) capable of killing or seriously injuring a human being. Subject to the preceding sentence, the definition of "exotic animal" contained in this section includes but is not limited to:

1. All animals of the order Primates (as primates) except humans;

2. All animals of the family Canidae (as dogs, wolves, jackals, or foxes) and their hybrid, except for the domestic dog Canis familiaris;

3. All animals of the family Felidae (as lions, tigers, jaguars, leopards, cougars, or cheetahs) and their hybrid, except for the domestic cat Felis catus;

4. All animals of the family Ursidae (as bears);

5. All animals of the family Hyaenidae (as hyenas);

6. All animals of the order Crocodylia (as alligators, crocodiles, gavials, or caimans);

7. All animals of the family Elephantidae (as elephants);

8. All animals of the order Perissodactyla (as horses, rhinoceroses, or tapirs);

9. All animals of the order Artiodactyla (as camels, cattle, deer, giraffes, goats, hippopotamuses, llamas, pigs, or sheep);

"Exotic animal also includes all venomous reptiles and amphibians, (regardless of whether the venom glands have been removed), and all snakes that are eight (8) feet or more in length. An animal that is normally domesticated, but that is determined to be wild or feral, shall be considered an exotic animal.

Section 2. Section 9.25.021 of the Seattle Municipal Code is amended as follows:

9.25.021 Definitions-F J.

As used in this chapter, except where a different meaning is plainly apparent from the context, the following definitions apply:

A. "Guard dog" or "attack dog" means any animal in the taxonomic classification Canis Familiaris (also referred to as the common household dog) member of the dog family (Canidae), not owned by a government agency, which has been trained and is used for the purpose of protecting persons or property by exhibiting hostile and aggressive propensities, or which will attack on signal or command.

B. "Harboring" means allowing any animal to remain, be lodged, fed, or sheltered on the property one owns, occupies or controls, for more than twenty-four (24) hours.

C. "Holding period" means seventy-two (72) hours commencing at the close of regular business on the day of detainment of any unlicensed or unidentified cat or dog, and one hundred forty-four (144) hours for any licensed or identified animal, excluding days the City Animal Shelter is not open to the public.

Section 3. Section 9.25.023 of the Seattle Municipal Code is amended as follows:

9.25.023 Definitions-P T.

As used in this chapter, except where a different meaning is plainly apparent from the context, the following definitions apply:

A. "Permit" means human conduct in relation to an owned animal which is intentional, deliberate, careless, inadvertent or negligent.

B. "Potbelly pig" means that type of swine commonly known as the Vietnamese, Chinese, or Asian Potbelly Pig (Sus scrofa vittatus).

C. "Potentially dangerous animal" means any animal 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 on public property or on private property (other than that of the animal's owner) in a menacing fashion or apparent attitude of attack, or any animal with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or otherwise to threaten the safety of humans or domestic animals.

D. "Secure animal shelter" means an animal shelter that agrees to accept an animal and that agrees to the following conditions:

1. Not to release the animal from the shelter for the rest of the animal's natural life;

2. Not to allow the animal to come into contact with the general public for the rest of the animal's natural life;

3. Not to allow the former owner to have contact with the animal;

4. To indemnify and hold the City harmless from any and all future liability including any and all claims, demands, damages, liabilities, causes, suits or action of any kind or nature whatsoever relative to past or future care and custody of the animal and to the animal's future behavior.

5. To notify the City if the shelter goes out of business or can no longer keep the animal and to abide by the City's disposition instructions.

E. "Service dog" means a dog that is trained for the purposes of assisting or accommodating a disabled person's sensory, mental, or physical disability.

F. "Severe Injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. It also means transmittal of an infectious or contagious disease by an animal.

CG. "Trespassing" means any animal which enters upon the property of another person without the authorization of the lawful occupant.

Section 4. Section 9.25.024 of the Seattle Municipal Code is repealed.

Section 5. Section 9.25.030 of the Seattle Municipal Code is amended as follows:

9.25.030 Authority of the Director.

A. The Director is authorized to:

1. Make rules for the interpretation and implementation of this chapter, pursuant to the Administrative Code;

2. Accept the surrender of animals to the City Animal Shelter;

3. Permit or deny adoption from the City Animal Shelter of animals that have been surrendered to the City, or which are stray or under detainment and unclaimed after the expiration of a holding period;

4. Direct immediate humane disposal of:

(a) any exotic animal;

(b) any animal surrendered to the City for humane disposal;, or (b)

(c) any animal determined by the Seattle Municipal Court or any other court of law to be a nuisance;, vicious, or dangerous, or (c)

(d) any animal involved in a court proceeding in which the owner pled guilty or was found to be guilty of owning a nuisance , vicious or dangerous animal or in which the owner pled guilty or was found to be guilty of negligent control of an animal;, (d)

(e) any animal unclaimed after the expiration of a holding period;, or (e)

(f) any animal determined by the Director to be vicious or dangerous pursuant to SMC Section 9.25.035;

5. Detain animals found to be unlicensed, or abandoned, or at large, or in inhumane conditions, or to be a nuisance, or to be vicious exotic or dangerous, or otherwise found to be in a circumstance violative of this chapter or any other provision of law;

6. Collect cats, dogs and other animals found dead on the public areas of the City, or from private property on request of the occupant of the property, and to bury, cremate, or arrange for the disposal of such animal;

7. Appoint agents for the collection of pig, dog and cat license fees and other fees established by Chapter 9.26 of the Seattle Municipal Code, including past due fees and penalties;

8. Grant, renew, suspend, revoke, or deny licenses according to the terms of this chapter;

9. Administer the City Animal Shelter;

10. Administer the City Spay and Neuter Clinic and Program;

11. Charge and collect fees for the services authorized by this chapter, as established by Seattle Municipal Code Chapter 9.26 , known as the "Animal Fee Ordinance," as now existing or hereafter amended, revised or re-enacted;

12. Reduce fees for the adoption or redemption of any animal, when, in the discretion of the Director, such a reduction is in the best interests of the animal;

13. Appoint persons experienced in the humane trapping of animals to set and bait a trap or use other devices that do not physically harm an animal trapped, when, in the judgment of the Director, such action will protect the public peace, health, safety and welfare and issue live animal trapping permits as authorized by the Director of Finance by rule;

14. Implant into animals leaving the shelter through adoption or redemption a microchip for identification purposes.

15. Direct disposition of exotic animals, including but not limited to transfer to a zoological garden or herpetarium.

16. Refund fees for overpayment or services not provided.

17. Detain an animal that is the subject of any violation of law, or whose owner is accused of violating any law relating to that animal, and collect from the owner all costs of detainment, care, feeding, and disposition.

18. Direct disposition of dangerous animals to a secured animal shelter as provided for in this Chapter.

B. The Director shall keep records of the handling and licensure of animals in the City.

C. Nothing prohibits the Police Department from enforcing provisions of this chapter.

D. The Director is authorized to enforce Seattle Municipal Code Sections 18.12.080, 18.12.100 and 18.12.110 as authorized by the Superintendent of Parks and Recreation by rule.

E. The Director is authorized to enforce Seattle Municipal Code Chapter 9.12 and Seattle Municipal Code Section 10.72.020 , subject to such restriction or qualification as the Director of the SeattleKing County Department of Public Health may establish by rule.

Section 6. Section 9.25.035 of the Seattle Municipal Code is amended as follows:

9.25.035 Declaration that an animal is vicious or dangerous-Order of humane disposal Disposition; Right to meeting.

A. The Director, upon the petition of any person, or at his or her own discretion, may conduct an investigation, and if the findings of the investigation so indicate, he or she may declare an animal to be vicious or dangerous , and. If a domestic animal is found to be dangerous, the Director shall enter an order so stating and shall direct either: may order 1) humane disposal of the animal; or 2) that the animal be sent at the owner's expense to a secure animal shelter. The owner is responsible for paying all fees owed to the City for the care of the animal.

B. Before declaring an animal to be vicious or dangerous or directing the disposition of the animal, the Director shall notify the owner in writing of the reasons why the animal is believed to be vicious or dangerousand subject to humane disposal, the proposed disposition of the animal, the authority for the proposed action, and that the Director will make a final determination after the expiration of twenty (20) days following service of the notice, or, if sent by certified mail, within twenty (20) days after the date of delivery as shown on the returned receipt. In addition, the notice shall inform the owner that he or she will be provided an opportunity to meet with the Director or the Manager of the Animal Control Division as the Director's designee)), at which meeting the owner may give, orally and/ or in writing, any reasons or information as to why the animal should not be destroyed declared to be dangerous, or why the Director should direct that the animal be sent to a secure animal shelter instead of directing humane disposal. The notice shall state the date, time and location of the meeting, which will occur prior to the expiration of twenty (20) days following delivery of the notice. The notice 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 Director.

C. The Director will consider directing that an animal be sent to a secure animal shelter only upon request of the owner. The owner shall bear the burden to establish that an animal shelter is available that meets the criteria for a secure animal shelter, that the shelter will accept the animal, and that the owner is willing and able to pay all expenses for transporting the animal.

C D. In the event the Director finds an animal to be vicious or dangerous and orders humane disposal,)) and directs disposition of the animal, the declaration and order directive shall be in writing in the form of an order, and shall include a recital of the authority for the action, a brief and concise statement of the facts which constitute the grounds for ordering humane disposal that supports the disposition, and contain the Director's signature. A copy of the order, including notice of the right to appeal, shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner.

Section 7. Section 9.25.036 of the Seattle Municipal Code is amended as follows:

9.25.036 Appeal of Director's order determination.

Appeal.

A. Availability of Appeal. An owner may appeal a determination of the Director declaring an animal to be dangerous or ordering directing the humane disposal disposition of an vicious or dangerous animal to the office of the Hearing Examiner by filing a notice of appeal and written request for a hearing, with the Hearing Examiner by five o'clock (5:00 p.m.) on the tenth (10) calendar day within ten (10) days after the date of delivery of the Director's order., A notice that an animal is to be humanely disposed of that is based either on a conviction of the animal's owner of possessing a dangerous animal or on a conviction of the animal's owner of negligent control of an animal may not be appealed under this Section. The date of delivery of the Director's order shall be the date evidenced by a as noted by the signed returned receipt, an affidavit of service, or three days after the date of mailing as shown in a declaration of mailing. When the last day of the appeal period falls on a Saturday, Sunday, or City holiday, the period shall run until five o'clock p.m. (5:00 p.m.) on the next business day. and mailing a copy of the notice to the Director. The Hearing Examiner may allow an appeal filed after the tenth day but within thirty (30) days of the date of delivery of the order, as noted by the signed return receipt, if the Hearing Examiner is satisfied that the delay in filing the appeal occurred as a result of circumstances beyond the control of the owner/appellant, and that the owner/appellant filed the notice as soon as he or she could reasonably do so.

B. An order for humane disposal that is not appealed shall be final and authorize the animal's humane disposal.Process.

1. An appeal shall conform to the requirements of Hearing Examiner Rule 3.01(d) in that it must be in writing, and contain the following:

(a) A brief statement as to how the owner is significantly affected by or interested in the decision of the Director;

(b) A brief statement of the owner's issues on appeal, noting owner's specific exceptions and objections to the Director's Determination and Order;

(c) The relief requested, such as reversal of the Director's Order;

(d) Signature, address, and phone number of the owner, and name and address of owner's designated representative, if any.

2. The Hearing Examiner shall summarily dismiss an appeal without hearing which the Hearing Examiner determines to be without merit on its face, frivolous, or brought merely to secure a delay.

3. Any person beneficially interested or the Director shall only obtain judicial review of the Hearing Examiner's decision by applying for a Writ of Review in the Superior Court of Washington in and for King County in accordance with the procedure set forth in Chapter 7.16 RCW and other applicable law and local court rules within ten (10) days of the date of the decision.

C. Standard of Review. Appeals shall be considered de novo. The owner shall have the burden of proving by a preponderance of the evidence that the Director's decision was incorrect. In the case of an order ordering the humane disposal of exotic animals or livestock under SMC 9.25.030(A)(4), the owner shall have the burden of proving that a reasonable alternative disposition is available. In the case of a directive of humane disposal for dangerous animals, the owner shall have the burden of proving that the Director's decision not to allow the animal to be sent to a secure animal shelter was arbitrary and capricious.

Section 8. Section 9.25.037 of the Seattle Municipal Code is amended as follows:

9.25.037 Authority of Hearing Examiner.

A. The Hearing Examiner shall conduct the review of an appeal from an order for the humane disposition of an animal in an expedited manner and shall make a decision thereon. The procedures of Sections 3.02.090 and 3.02.100 shall apply, except that the intervals for action shall be compressed so that, unless both the owner and the Director consent, the time elapsed between the date of the notice of appeal and the Hearing Examiner's determination shall not exceed thirty (30) days.

B. The Hearing Examiner shall have the power to:

1. With the owner's consent, authorize an alternate disposition, such as placement of a dangerous animal in a zoological garden, or, if a snake, in a herpetarium;

2. Assess the costs of care and feeding of the animal while in City detention; and/or

3. Stay on order affirming the Director's order for humane disposal to allow an owner an opportunity to seek judicial review.

C. The decision of the Hearing Examiner shall be final subject to judicial review in the Superior Court.

B. Hearing Examiner's Authority.

1. The Hearing Examiner may affirm or reverse the Director's decision in whole or in part, or remand the decision to the Director for further consideration.

2. The decision of the Hearing Examiner shall be final subject to judicial review in the Superior Court.

Section 9. Section 9.25.045 of the Seattle Municipal Code is amended as follows:

9.25.045 Municipal Spay and Neuter Clinic.

A. There shall be a Municipal Spay and Neuter Clinic, as provided by Ordinance 107631, at which members of the public may have cats and dogs spayed or neutered in a humane manner upon payment of fees as provided by the Animal Fee Ordinance (Seattle Municipal Code Chapter 9.26 ).

B. Such fees shall include immunization of dogs and cats as deemed necessary by the spay/neuter veterinarian at the time of surgery.

C. The clinic shall operate at a level according to public demand and shall be financed by surgery fees, pet license fees for unaltered animals and other means necessary , provided license fees for altered animals shall not be increased.

D. Every dog and cat sterilized at the clinic shall be properly licensed with a current City of Seattle pet license if the animal resides in the City of Seattle.

Section 10. Section 9.25.046 of the Seattle Municipal Code is amended as follows:

9.25.046 Waiver of City liability.

A. Persons submitting dogs and cats for any service identified in Section 9.25.045 of this chapter shall sign a consent form certifying thereon under penalty of perjury that they are the owner of said animal(s) or are otherwise authorized to present the animal for the above operation, and such persons may be required to furnish proof of such ownership or authority.

B. Such consent shall contain a waiver, to the extent permitted by law, of any and all liability of the City, its agents, and any City employee for the injury or death to an animal arising out of the aforementioned operation or any service provided incidental thereto.

Section 11. Section 9.25.047 of the Seattle Municipal Code is amended as follows:

9.25.047 Return date establishment.

The Director shall establish a return date by which persons submitting animals for any of the services identified in Section 9.25.045 of this chapter shall pick up said animals or be subject to a reasonable board and care fee to commence on the day after such a return date. Failure to pick up an animal within five (5) days of said return date shall be deemed abandonment of such animal. The Director shall serve notice upon the owner or mail notice by regular and certified mail, return receipt requested, and if fees are not paid, the Director may dispose of it by adoption or euthanasia.

Section 12. Section 9.25.048 of the Seattle Municipal Code is recodified in Section 9.25.045 and Section 9.25.048 is repealed:

Section 13. There is added to the Seattle Municipal Code Chapter 9.25 a new Section 9.25.049 as follows:

9.25.049 Rabies vaccination required.

All dogs and cats four (4) months of age or older shall be vaccinated against rabies.

Section 14. Section 9.25.050 of the Seattle Municipal Code is amended as follows:

9.25.050 Animal licenses and permits generally.

A. The following animal licenses shall be required: potbelly pig, cat, and dog licenses, guard and attack dog licenses, and dangerous exotic animal licenses permits.

B. Persons owning or harboring a dog or cat four (4) months of age or older shall be required to provide proof of current rabies vaccination in order to obtain a license for that animal.

C. Possession of a pig, cat or dog license, or any type of animal license, shall not excuse a person from the requirement to obtain other types of animal licenses, or from the requirements of Health, Zoning, or other applicable laws.))

DB. Licenses and permits are not transferable.

EC. Applications for licenses and permits shall be made on forms approved by the Director and shall be accompanied by the fee set by the Animal Fee Ordinance (Seattle Municipal Code Chapter 9.26) and, in the case of cat or dog licenses, proof of alteration if the animal is altered. Licenses shall be issued in the name of the owner, and shall be numbered. Licenses shall be issued for a twelve (12) month period or a two-year period. A provisional license may be issued for dogs or cats as provided in Section 9.26.020 C. ))and may include a twelve (12) month renewal. A provisional cat or dog license shall be for a six-month period. Guard or Attack Dog licenses shall be issued for a twelve (12) month period only upon the applicant's compliance with Section 9.25.054. Each permit or subsequent license renewal for the same animal shall commence from the expiration date of the last valid license or permit.

D. A City of Seattle animal license does not relieve the owner of the obligation to obtain any other permit or license otherwise required by local, state or federal law.

Section 15. Section 9.25.051 of the Seattle Municipal Code is amended as follows:

9.25.051 Cat and dog licenses.

Any owner of a weaned cat or dog over the age of eight (8) weeks must obtain a valid license for each such animal. Within thirty (30) days of entry of any cat or dog into The City of Seattle, the owner of the cat or dog must obtain a valid license for each such animal.

Section 16. Section 9.25.052 of the Seattle Municipal Code is amended as follows:

9.25.052 Miniature p Potbelly pig licenses.

No potbelly pig may be kept as a domestic pet in the city if it is greater than twenty-two inches (22") in height at the shoulder or more than one hundred fifty (150) pounds in weight. Within thirty (30) days of entry of any miniature potbelly pig into The City of Seattle, the owner of the pig must obtain a valid license for each such animal. Along with the fee for such license or renewal, the owner must present the following: proof that the pig is spayed or neutered; certification by a licensed veterinarian that the pig has current vaccinations; certification within the prior thirty (30) days by a licensed veterinarian of the weight of the pig; certification within the prior thirty (30) days by a licensed veterinarian that no tusk appears outside of the mouth of the pig when the mouth is closed; and the address of the property and description of the physical location(s) on the property where the pig will be kept.

Section 17. Section 9.25.053 of the Seattle Municipal Code is amended as follows:

9.25.053 Dangerous Exotic animals.

A. It is unlawful for any person to procure or keep an exotic dangerous animal; provided, this prohibition shall not apply to any facilities possessing or maintaining dangerous animals which are owned, operated or maintained by any city, county, state or federal agency, school, college, university or similar educational facility, or to a properly licensed veterinary hospital where an exotic dangerous animal may be confined temporarily for treatment, or to the procurement of an exotic dangerous animal by a properly licensed commercial animal dealer where the animal is confined temporarily for sale to a zoo or other facility identified in Section 9.25.085 of this chapter. The Director may authorize by special license permit, not to exceed thirty (30) days, the keeping of exotic dangerous animals for circuses or special exhibits.

B. If a permit for an exotic animal is granted pursuant to Subsection A, the owner of such exotic animal must at all times keep the animal under control.

Section 18. Section 9.25.054 of the Seattle Municipal Code is amended as follows:

9.25.054 Guard or attack dog license-Proof of insurance-

Posting notice and license.

A. No person shall use or harbor a guard or attack dog without first obtaining a guard or attack dog license therefor.

B. The applicant for a guard or attack dog license shall provide the following information:

1. The name and address of the owner of the guard or attack dog, a description of the dog, and the address and business name (if any) of the premises the dog will guard;

2. The name and address of the trainer of the guard or attack dog, and the name and address of the purveyor of the dog;

3. Proof of a policy of public liability insurance, such as homeowner's insurance, issued by an insurer authorized to do business in the State of Washington in an amount of at least One Hundred Thousand Dollars ($100,000.00) Fifty Thousand Dollars ($50,000.00), insuring the owner on account of any liability for claims for death or personal injury inflicted by the guard or attack dog to any person; and

4. Proof of microchip identification, microchip number and identification of the date and location of microchip implant.

45. Such other information as the Director may reasonably require.

C. The applicant shall certify that:

1. The premises the dog will guard are adequately secured for the safety of the public;

2. Signs are displayed on the premises at all entrances and at thirty (30) foot intervals clearly warning that a guard or attack dog is on duty; and

3. The user ) owner of the guard or attack dog is aware of and understands the aggressive nature of the dog, certifies under penalty of perjury that the dog has been trained as a guard or attack dog, and can demonstrate total voice control of the dog.

D. A copy of the guard or attack dog license must be posted and presented upon demand of a police officer or the Director.

E. The premises where a guard or attack dog is to be located shall be subject to inspection by the Director prior to approval of the license. Upon inspection by an Animal Control Officer, the applicant may be requested to provide proof of compliance with the requirements of this Section.

F. It shall be the responsibility of the owner of a guard or attack dog to make application with the Seattle Animal Control for a guard or attack dog license annually before the date of expiration of the previous license.

Section 19. Section 9.25.080 of the Seattle Municipal Code is amended as follows:

9.25.080 Offenses relating to licensing.

It is unlawful for the owner of any animal to:

A. Fail to obtain the licenses required by the Animal Control Fee Ordinance (Seattle Municipal Code Chapter 9.26 );

B. Fail to display conspicuously the current and valid license identification on the licensed animal provided that cats need not display a license identification tag if the cat is licensed and has been implanted with microchip identification and the microchip number is registered with Seattle Animal Control;

C. Fail to show the license upon request of any Animal Control Officer or any Police Officer;

D. Use or permit another person to use a license or license identification not issued to such person;

E. Remove a license identification from any pig, cat or dog without the owner's consent;

F. Alter a license in any manner;

G. Make a false or misleading statement or representation regarding the ownership or right to custody or control of an animal, or regarding the ownership of an animal redeemed from, surrendered to, detained by the Director;

H. Remove any detained animal from the City Animal Shelter or a Department vehicle without the written consent of the Director;

I. Remove a microchip implanted in an animal by the City for identification purposes.

Section 20. Section 9.25.081 of the Seattle Municipal Code is amended as follows:

9.25.081 Offenses relating to cruelty.

It is unlawful for any person to:

A. Injure, kill, or physically mistreat any animal under circumstances not amounting to first degree animal cruelty as defined in Section 8, Chapter 261, Laws of 1994 RCW 16.52.205, except as is expressly permitted by law;

B. Lay out to expose or leave exposed any kind of poison or poisoned food or drink where it is accessible to an animal, or place such poisoned materials in a stream or other body of water, endangering fish or shellfish; provided, that nothing shall prevent the reasonable use of rodent poison, insecticides, fungicides or slug bait for their intended purposes; and provided, further, that nothing in this subsection shall prohibit any governmental agency acting in the course of its governmental duties;

C. Set or bait any trap, except for rats or mice, unless appointed by the Director )) a permit to do so has been issued as provided for in subsection 9.25.030.A. 13;

D. Confine, without adequate ventilation, any animal in any box, container or vehicle;

E. Tease, tantalize or provoke any animal with the intent to cause destructive behavior, fear or hostility;

F. Tether or confine any animal in such a manner or in such a place as to cause injury or pain not amounting to first degree animal cruelty defined in Section 8, Chapter 261, Laws of 1994,)) RCW 16.52.205, or to endanger an animal; or to keep an animal in quarters that are injurious to the animal due to inadequate protection from heat or cold, or that are of insufficient size to permit the animal to move about freely;

G. Keep an animal in an unsanitary condition or fail to provide sufficient food, water, shelter, or ventilation necessary for the good health of that animal;

H. Fail to provide his/her animal the medical care that is necessary for its health or to alleviate its pain;

I. Permit any animal to fight or injure any other animal, or permit any animal to be fought or injured by any other animal; or to train or keep for the purpose of training any animal for the exhibition of such animal in combat with any other animal, whether for amusement of him/herself or others, or for financial gain; or permit such conduct on premises under his/her control, or to be present as a spectator at such exhibition;

J. Possess cock spurs, slashers, gaffs, or other tools, equipment, devices or training facilities for the purpose of training and/or engaging an animal in combat with another animal;

K. Abandon any animal.

Section 21. Section 9.25.082 of the Seattle Municipal Code is amended as follows:

9.25.082 Offenses relating to safety and sanitation.

It is unlawful for an owner to:

A. Allow the accumulation of pig, cat or dog animal feces in any open area, run, cage or yard wherein pigs and/or dogs and/or cats)) animals are kept and to fail to remove or dispose of feces at least once every twenty-four (24) hours;

B. Fail to remove the fecal matter deposited by his/her animal on public property or private property of another before the owner leaves the immediate area where the fecal matter was deposited;

C. Fail to have in his/her possession the equipment necessary to remove his/her animal's fecal matter when accompanied by said animal on public property or public easement;

D. Have possession or control of any animal sick or afflicted with any infectious or contagious disease and fail to provide treatment for such infection or disease, or suffer or permit such diseased or infected animal to run at large, or come in contact with other animals, or drink at any public or common watering trough or stream accessible to other animals.

Owners of duly licensed guide service dogs shall be exempted from subsections B and C of this section.

Section 22. Section 9.25.083 of the Seattle Municipal Code is amended as follows:

9.25.083 Owning vicious dangerous animals prohibited -Exception.

A. It is unlawful to own a dangerous vicious animal (other than a licensed guard or attack dog) with knowledge that the animal is dangerous vicious, or with reckless disregard of the fact that the animal is dangerous vicious .

B. An animal whose owner is convicted of or pleads guilty to violating this section shall be humanely destroyed.

Section 23. Section 9.25.084 of the Seattle Municipal Code is amended as follows:

9.25.084 Offenses relating to control.

It is unlawful for the owner to:

A. Permit any potbelly pig, domestic animal, except cats and pigeons, to be at large or trespass upon the property of another; provided, that pets may be removed from the premises of the owner if restrained by a leash that is eight feet (8') or shorter, and if in the physical control of a person; It is not a violation of this subsection to have a dog off-leash in an area designated pursuant to Section 18.12.080 as an off-lease area provided that the requirements of Section 18.12.080 B are met.

B. Permit any cat, dog, potbelly pig or other animal to enter any public fountain, or any school ground while school is in session or during after-school activities It is not a violation of this subsection for an owner to permit an animal to enter on to any school ground when school is not in session and no after-school activities are taking place if the animal is on leash and the owner has in his or her immediate possession a device to remove properly any feces the animal may deposit on school grounds;

C. Fail to confine any female cat or dog that is in estrus ("heat") in a secure enclosure so that the female cat or dog cannot come in contact with the a male unless the male is admitted by the owner of the female;

D. Permit any animal:

1. To damage public property or the private property of another, or

2. To bark, whine, howl, or otherwise vocalize in violation of Chapter 25.08 of the Seattle Municipal Code (Noise Ordinance 106360) or its successor ordinance, or

3. To spread or spill garbage;

E. Have in his/her possession any animal not owned by him/her without the knowledge of the owner, unless he/she notifies the Director of such possession within twenty-four (24) hours; or to fail to surrender such animal to the Director upon demand;

F. Tether an animal in such a manner as to permit the animal to enter any sidewalk, street, alley or place open to the public, or to enter any adjacent lot or premises unless authorized by the occupant of the adjacent premises.

Section 24. Section 9.25.085 of the Seattle Municipal Code is amended as follows:

9.25.085 Offenses relating to sale of animals.

For the purpose of consumer protection it is unlawful to:

A. Sell any animal known to be sick or injured unless the buyer is given, at the time of sale, written notice of the condition of the animal;

B. Sell any animal known to be vicious dangerous;

C. Sell any dangerous exotic animal except to zoos or other facilities possessing or maintaining dangerous animals which are owned by any city, county, state, or federal agency or school, college, university or similar educational facility.

Section 25. Section 9.25.090 of the Seattle Municipal Code is amended as follows:

9.25.090 Detainment and disposal.

A. No detained animal shall be released to the owner until all applicable fees are paid and licenses obtained except as otherwise provided in this Chapter.

B. The Director shall ascertain whether any detained animal is currently licensed, and, if so, shall notify the licensee by letter or by telephone that such animal has been detained and may be redeemed upon payment of any applicable fees.

C. Anyone claiming a detained animal must prove ownership or provide written authorization from the owner to claim the animal, to the satisfaction of the Director before redeeming the animal.

D. Notwithstanding any other provision of this Chapter, injured or diseased animals need not be detained for the holding period, but may be disposed of in a humane manner at any time at the discretion of the Director.

E. Any animal which is detained by the Director may be held at the City Animal Shelter or other place appropriate for the animal. The Director shall post a notice of detainment at the City Animal Shelter, and shall attempt to determine ownership of an animal. If, after the expiration of a holding period, no owner has claimed the animal, the Director shall authorize adoption or dispose of the animal in a humane manner.

F. A kennel fee for every twenty-four (24) hour period or part thereof, commencing at the close of business on the day the animal is detained, shall be charged to the owner or other authorized person claiming the animal for the care and feeding of the animal.

G. The Director of Public Health may direct the detention of animals suspected of having rabies. These animals shall be held until their release is approved by the Director of Public Health, and all applicable fees are paid.

Section 26. Section 9.25.092 of the Seattle Municipal Code is amended as follows:

9.25.092 Nuisance animals.

A. Any animal which, by its actions or condition, presents a clear and present threat to the public peace, health, or safety is a nuisance and may be summarily detained pending correction of the condition, or pending the owner's trial, hearing, appeal or other judicial proceedings for violation of this chapter or any other provision of law.

B. If an animal is a threat to public peace, health or safety, but the public is not in imminent danger, in lieu of summarily detaining the animal, the Director may post a notice to abate a nuisance upon any property wherein an animal is kept in violation of the provisions of this chapter. If no response is made to the notice within twentyfour (24) hours, the animal shall be detained at the City Animal Shelter.

C. In addition, nothing shall prevent prosecution of owners of noisy animals under Chapter 25.08 of the Seattle Municipal Code (Noise Ordinance 106360) or its successor ordinance.

Section 27. Section 9.25.100 of the Seattle Municipal Code is amended as follows:

9.25.100 Penalty clause.

A. Conduct made unlawful by Sections 9.25.053, 9.25.083 , and 9.25.085 of this chapter constitutes a crime subject to the provisions of Sections 12A.02.010 and 12A.02.020 of the Seattle Municipal Code (Ordinance 102843 as amended) and any person convicted thereof may be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for no more than one hundred eighty (180) days, or by both such fine and imprisonment.

B. Conduct made unlawful by Sections 9.25.081 B and 9.25.081 I of this chapter constitutes a gross misdemeanor subject to the provisions of Section 12A.02.010 and 12A.02.020 of the Seattle Municipal Code (Ordinance 102843 as amended) and any person convicted thereof may be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for no more than three hundred sixty-five (365) days, or by both such fine and imprisonment.

C. Conduct made unlawful by Sections 9.25.081 A, 9.25.081 C, 9.25.081 D, 9.25.081 E, 9.25.081 F, 9.25.081 G, 9.25.081 H, 9.25.081 J and 9.25.081 K of this chapter constitutes a misdemeanor subject to the provisions of Sections 12A.02.010 and 12A.02.20 of the Seattle Municipal Code (Ordinance 102843 as amended) and any person convicted thereof may be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for no more than ninety (90) days, or by both such fine and imprisonment.

D. Conduct made unlawful by any other section of this chapter is a violation and any person found to have committed a violation may be punished by a civil fine or forfeiture of not more than Five Hundred Dollars ($500.00), but a finding that a violation was committed shall not give rise to any disability or legal disadvantage based on the conviction of a criminal offense. Failure to have obtained, prior to December 1, 1997, a dog, cat, or potbelly pig license as required by Section 9.25.048, 9.25.051, or 9.25.052 shall not subject the owner to the civil fine or forfeiture established in this subsection if, not later than December 31, 1997: (1) a current license is obtained for the animal; or (2) if the owner has disposed of the animal, the owner notifies the Director of the disposition. Disposition of violations under this chapter shall be governed by the procedures for disposition of traffic infractions under Seattle Municipal Code Chapter 11.31 .

E. In addition, the court may order the revocation or denial of any guard or attack dog license and any cat or dog license of or to any person convicted of a crime under this chapter for a period not to exceed one (1) year.

F. Any person whose guard or attack dog license is revoked, suspended, or denied shall surrender all of his or her guard or attack dogs to the Director to be disposed of in a humane manner.

G. Any person whose cat or dog license is revoked, suspended, or denied shall surrender all of his or her cats and dogs to the Director to be disposed of in a humane manner.

Section 28. Section 9.25.110 of the Seattle Municipal Code is amended as follows:

9.25.110 Denial, suspension, or revocation of license-

Order.

The Director may shall deny, suspend, or revoke a license for an animal found to be a "vicious dangerous animal," in any jurisdiction, and may deny, suspend, or revoke and a license for a guard or attack animal under Section 9.25.054 upon determining that the applicant or licensee has violated or failed to comply with any provision of this chapter. The denial, suspension, or revocation of a license shall be in writing in the form of an order, and shall include a recital of the authority for the action, a brief and concise statement of facts which constitute the grounds for the denial, and the Director' s signature. A copy of the order, including notice of the right to a hearing, shall be mailed to the applicant.

Section 29. Section 9.26.020 of the Seattle Municipal Code is amended as follows:

9.26.020 Cat or dog license fee-Renewal.

A. The fee for each cat or dog license and for each annual period of renewal shall be:

1. Cats Altered $10.00 Unaltered 20.00

2. Dogs

Altered 15.00 Unaltered 33.00

B. The fee for each cat or dog license for an annual license with a twelve (12) month a two-year period of renewal shall be:

1. Cats Altered 17.00 Unaltered 35.00

2. Dogs Altered 25.00 Unaltered 55.00

C. A provisional license may be issued for dogs or cats up to age six (6) months to allow time for such animals to be spayed or neuteredand vaccinated for rabies. A provisional license may also be issued for cats and dogs of any age that were not previously licensed within The City of Seattle if proof of spay or neuter status is not available at the time the license is requested. The fee for each provisional cat or dog license for a six-month period shall be:

1. Cats $5.00 2. Dogs 8.00

Each cat or dog shall be limited to a single provisional license which shall be valid for six months.

D. Late fee for renewal of a cat or dog license more than thirty (30) days after its expiration. . . . . $10.00

E. Guide or service dog for the handicapped No fee

F. Dog or cat owned by a member of the diplomatic or consular corps of a country having a treaty with the United States granting immunity from local law, upon submission of proof of such status

No fee

G. Dog or cat owned by a person possessing a valid "senior citizen's identification card" or "handicapped person's identification card" issued by The City of Seattle Human Resources)) Services Department. Fifty (50) percent of license fee otherwise payable

H. Lost cat, or dog or potbelly pig license tag, upon submission of affidavit attesting to loss

2.00

Section 30. Section 9.26.025 of the Seattle Municipal Code is amended as follows:

9.26.025 Miniature pPotbelly pig license fee.

A. The fee for the initial annual potbelly pig license shall be One Hundred Fifteen Dollars ($115.00).

B. The fee for each annual period of license renewal for miniature potbelly pigs shall be Twenty-five Dollars ($25.00).

C. Late fee for renewal of a potbelly pig license more than thirty (30) days after its expiration

$10.00

Section 31. Section 9.26.040 of the Seattle Municipal Code is amended as follows:

9.26.040 Guard or attack dog license.

The annual fee for each guard dog or attack dog license shall be Fifty-five Dollars ($55).

Section 32. Section 9.26.050 of the Seattle Municipal Code is amended as follows:

9.26.050 Other animal control fees and charges.

Other animal control fees shall be:

A. Administrative fee for each detained animal:

First detainment $ 40.00 Second detainment 80.00 Third and subsequent detainments 120.00

B. For each twenty-four (24) hour period or part thereof for kenneling

10.00

C. For each animal adopted 5.00

D. For each dangerous exotic animal permit 30.00

E. For collecting and disposing of an owner's animal, whether the animal is dead or alive

15.00

F. For euthanizing an owner's animal 15.00

G. For the handling of animals, other than dogs and cats, charges may be assessed to recover the cost of special equipment.

Section 33. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the _____ day of ____________, 2000, and signed by me in open session in authentication of its passage this _____ day of _________________, 2000. _____________________________________ President _______ of the City Council

Approved by me this _____ day of _________________, 2000. ___________________________________________ Mayor

Filed by me this _____ day of ____________________, 2000. ___________________________________________ City Clerk June 21, 2000 ancontr.doc (Ver. 18)