6.04.060 Facilities—Denial and revocation of license—Appeals.
A. A license required by EMC 6.04.040 and 6.04.050 may be denied or revoked for any of the following reasons:
1. Conviction for violation of any provision of this chapter or other applicable city, state or federal law, rule, order or regulation pertaining to any activity for which licensing approval is sought;
2. Furnishing false information on an application for licensing;
3. Conviction of the applicant or any person in the applicant’s employ, or any person to whom the applicant entrusts supervision of the facility, of any offense involving cruelty to animals, whether in this or any other state;
4. Refusal to allow the animal control agency to inspect all animals, the premises where animals are kept, any records regarding acquisition or disposal of the animals, and any veterinary records of the animals, at any reasonable time;
5. When records at animal control show a history of repeated violations of any of the provisions of this chapter;
6. When conditions do not meet the standards of cleanliness and sanitation necessary to protect the health of the animals and community; and
7. If the applicant has not established, and does not intend to establish, a permanent facility (one that is located for three hundred sixty-five days a year within the city) for the purposes of the applicant’s animal related business.
B. The manager shall refund fifty percent of any fee paid upon denial of a license; however, no refund shall be made upon revocation.
C. If an application for licensing is denied, or approved subject to conditions, the applicant may appeal such denial or conditional approval upon filing a written request with the manager of animal control within ten days of the date such denial or conditional approval was served upon the applicant by certified mail or personal service.
D. Hearing upon such duly requested appeal shall be conducted before the hearing examiner within thirty days of such request, with notice to the applicant by certified mail or personal service, no later than ten days prior to the hearing.
E. The manager shall investigate any complaint concerning licensed facilities and, upon determining that a license should be revoked, the manager shall provide written notice to the licensee of such determination by certified mail or personal service. The licensee may appeal the revocation by filing a written appeal within ten days of notification to the following address: Manager, Everett Animal Shelter, 333 Smith Island Road, Everett, WA 98201. Hearing upon such duly requested appeal shall be conducted before the hearing examiner within thirty days of such request, with notice to the appellant by certified mail or personal service, no later than ten days prior to the hearing; failure to file a timely request shall terminate any appeal right, and the manager’s decision revoking the license shall not be reviewable otherwise.
F. Any person whose license is revoked shall, within ten days thereafter or within the time set by the hearing examiner, humanely dispose of all animals in excess of prefacility licensing numbers owned, kept, or harbored by such person, and no part of the license fee shall be refunded.
G. If a license application is denied or revoked, an applicant may reapply after one year has elapsed from the date of the appeal hearing, or from the date of compliance with the order to remove animals from denied/revoked facility, whichever is latest.
H. The operation of a kennel or cattery without a permit, or when a permit has been denied or revoked, shall constitute a misdemeanor, and may be punished by a fine not to exceed one thousand dollars, or imprisonment not to exceed ninety days, or both such fine and imprisonment. (Ord. 3903-22 § 3, 2022; Ord. 2394-99 § 5, 1999; Ord. 1810-91 § 6, 1991.)