Chapter 5.25 DOG KENNELS

The owner, operator, or person in control of a kennel, or of property or properties on which it is located, shall apply for an operating permit to operate the kennel. The applicant must apply for a permit that will accommodate the maximum number of dogs to be kept in the kennel.

Fees. The fees for operating permits under this chapter shall be set forth in the Lewis County categorized schedule of fees, as adopted and updated from time to time by resolution by the Lewis County board of county commissioners.

§ 5.25.050 Kennel without currently valid operating permit - Penalties.

Only one operating permit need be obtained for each kennel during the permit's duration, unless the operating permit expires, is revoked, or otherwise loses force.

(4)

The owner, operator, or person in control of any of the following entities may apply for a waiver exempting it from the permitting required by this chapter, which may be granted only if the nature of the entity and its operation are such that no public health or humane-treatment issues arise from its lack of an operating permit:

(a)

A veterinary facility that is also a kennel;

(b)

A retail pet store;

(c)

A nonprofit animal welfare or protection organization with the primary purpose of providing temporary care, shelter, and placement of animals that would otherwise be at large;

(d)

A research institution;

(e)

An animal shelter run by Lewis County; or

(f)

A kennel inspected and approved by a private breeders' organization with documented standards at least as rigorous as those provided in this chapter and Chapter 6.15 LCC.

(5)

Waivers under subsection (4) of this section shall last for three years from the date the waiver is granted and shall be nontransferable.

(Ord. 1361, 2025)

§ 5.25.040 Other code applicable.

Regardless of whether an operating permit is required of a kennel, it is subject to Chapter 6.15 LCC.

(Ord. 1361, 2025)

It is a Class 1 civil infraction, to be enforced pursuant to LCC § 1.20.040, for a person to knowingly own, operate, or control a kennel, or the property or properties on which it is located, without a currently valid operating permit obtained and maintained pursuant to this chapter. This section applies in all circumstances in which the operating permit is not currently valid, whether from failure to obtain it initially, failure to renew it, its revocation, exceeding the scope of the permit, or otherwise. To violate this section, a person need not know that an operating permit is required or that the kennel's operating permit is not currently valid, nor that the property in question legally constitutes a kennel.

A second or subsequent violation of subsection (1) of this section shall be a misdemeanor, punishable as prescribed in LCC § 1.20.020. A committed finding on a prior infraction for violating subsection (1) of this section shall be sufficient to show the prior violation and notice to the accused, but shall not be necessary for proof of the misdemeanor. It shall suffice if it is proven beyond a reasonable doubt within the misdemeanor prosecution that (a) the prior violation occurred; (b) the accused was lawfully served with written notice of the prior violation before the second or subsequent violation; and (c) the second or subsequent violation occurred.

§ 5.25.060 Application for and granting or denial of operating permit.

Whether knowingly or not, owning, operating, or controlling a kennel, or the property or properties on which it is located, without a currently valid operating permit obtained and maintained pursuant to this chapter shall constitute a public nuisance that may be enjoined, abated, or otherwise remedied through a civil action.

(Ord. 1361, 2025)

Application Contents. The sheriff, or his or her designee, shall develop and maintain an application for the operating permit required by this chapter. A completed operating permit application shall include at a minimum:

(a)

The location, owner, and operator of the kennel;

(b)

Contact information for the owner, and if different, the operator of the kennel;

(c)

The maximum number of dogs that will be kept at the kennel;

(d)

The name and address of the person designated by the applicant as agent for the service of legal process or notice;

(e)

The name, address, and contact information of the licensed veterinarian who cares for the applicant's sick or injured animals;

(f)

Permission from the owner and, if different, operator of the kennel to allow inspection of the facilities at a reasonable time for the purpose of granting or denying the operating permit; and

(g)

The operating permit fee prescribed in this chapter.

Inspection. After a completed application is received, the humane officer, as defined in LCC § 6.05.010, or other designee of the sheriff shall perform an initial inspection or inspections of a kennel. The initial inspection(s) shall be of such areas and of such extent to allow the inspector to determine, under the standards of LCC § 6.15.020, whether the kennel poses a public health, nuisance, or humane-treatment risk.

(a)

The initial inspection(s) shall be scheduled in advance at reasonable hours of county operation, and with input from the applicant. The applicant has the right to be present at the inspection, but need not be present. A reasonable request to reschedule the initial inspection, made in advance of the inspection, shall not count as a refusal of the inspection. Other reschedule requests shall count as deficient inspections, triggering reinspection or denial of the operating permit as set forth in this section.

(b)

The inspector shall employ a checklist or rubric, to be developed and maintained by the sheriff or his or her designee, setting forth the subjects of the inspection. Such subjects may be weighted in terms of their importance to public health, nuisance, and humane treatment. The inspector shall note any areas of deficiency and shall inform the applicant of such deficiency and the manner or manners in which it could be corrected.

(c)

If after the initial inspection(s), the deficiency is such that the inspector recommends denying the application, the inspector may with the applicant's consent and after payment of a reinspection fee perform an unscheduled reinspection within the following 30 days. If, after the results of such reinspection, the deficiency is remedied, the operating permit application may proceed. If the deficiency is not remedied, or if the applicant refuses to allow an initial inspection or reinspection or to pay a reinspection fee, the operating permit application shall be denied.

§ 5.25.070 Annual renewal of operating permit.

Upon receipt of a completed application, and following initial inspection(s) or reinspection, the operating permit application shall be granted if the kennel poses minimal public health, nuisance, or humane-treatment risks under the standards of LCC § 6.15.020 for the maximum number of dogs specified in the permit application. The operating permit application shall be denied if the kennel poses public health, nuisance, or humane-treatment risks under the standards of LCC § 6.15.020 that are not minimal; if it violates other applicable laws, such as zoning or animal cruelty laws; or if it is not completed with 120 days of its initial submission.

(4)

If an operating permit application is denied, the applicant shall be provided written notice of the denial. The applicant shall have 10 days to appeal the decision using the procedures set forth in LCC § 2.25.130 and § 2.25.140. Upon a showing of a change in circumstances suggesting that the application may be granted, the applicant may reapply for an operating permit at any time.

(5)

Any operating permit granted under this chapter lasts for one year from the date of its issuance and is nontransferable. Such operating permit shall be conditioned on the kennel's continued compliance with LCC § 6.15.020 and other applicable laws.

(Ord. 1361, 2025)

A person may apply for a renewed operating permit under this chapter up to 60 days before the expiration of the prior operating permit, using the procedure set forth in LCC § 5.25.060. A renewed operating permit may be postdated to take effect when the prior operating permit expires.

(Ord. 1361, 2025)

§ 5.25.080 Amendments to operating permit.

A person may apply to amend an existing operating permit during the period in which it is effective. Such amendment may occur upon a change of circumstances including, but not limited to, a change in the maximum number of dogs permitted to be kept in the kennel.

Amendments that do not bear on public health, nuisance, or humane treatment may be approved without additional inspection but shall not result in a refund of a portion of the fee for the permit.

§ 5.25.090 Revocation of operating permit.

Any other amendments may be approved only after: (a) an inspection of the kennel in the manner of LCC § 5.25.060(2) indicates that, under the amended permit, the kennel would pose minimal public health, nuisance, or humane-treatment risks under the standards of LCC § 6.15.020; and (b) the applicant pays any increased permit fee attributable to the amendment.

(Ord. 1361, 2025)

Upon probable cause that a permitted kennel is in violation of LCC § 6.15.020 or of this chapter, the humane officer as defined in LCC § 6.05.010, or other designee of the sheriff, shall cause written notice to be sent to the permittee of the alleged violation, specifying that the operating permit will be revoked within 30 days of the delivery of the notice unless the permittee requests a hearing on the violation within 14 days of the delivery of the notice.

The hearing shall occur before the sheriff or his or her designee not more than 45 days from the date of the hearing request unless a continuance is warranted for good cause. Any operating permit suspension shall be tolled pending the outcome of the hearing or subsequent appeals, but this shall not prevent an operating permit that would otherwise expire from expiring at the end of its term.