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HomeMy WebLinkAbout2023.02.06 Council Meeting Public Comments from A Zilar a(c�1�23 .- ��.�I.-G C���,�.fiS �M � . z � � �r- From: Codee McDaniel To: Anpela Zilar Cr. Lisa eeaton:)essica Foltz;Craia Littrell Su6ject: Mario Paz Ramirez,Case Number SZ569794 Date: Tuesday,June 23,2015 5:10:14 PM June 23, 2015 Angela Zilar Director Tri Cities Animal Shelter and Control Services 1312 South 18th Avenue Pasco, WA 99301 Re: City of Kennewick v. Mario Paz Ramirez, Case Number SZ569794 Dear Ms. Zilar: The above listed case has brought to light some issues in the way that Tri Cities Animal Shelter and Control Services (Animal Control) currently enforce the Kennewick Municipal Code (KMC). In this case, a pit bull named "Shorty" attacked a boxer named "JoJo" as well as Robert Ogle on May 20, 2015 in Kennewick. The pit bull was neither restrained nor muzzled. In addition to not being restrained or muzzled, the pit bull's owner(Mario Ramirez) had not obtained a permit for the dog nor did he have proof of insurance for the dog as required by KMC 8.02.030. Because of the pit bull owner's noncompliance and the actions of the pit bull, impoundment was required under KMC 8.02.060. Officer Suhr did not impound the pit bull, and did not consult our office about how to handle the situation. The way that this case was handled grossly deviates from what is explicitly required by Chapter 8.02 of the KMC. We expect Animal Control to enforce the KMC to the fullest extent, and that clearly did not happen here. The rationale provided to me when you were asked why Officer Suhr handled the case the way he did is also inadequate and further illustrates a lack of understanding of what the KMC requires of Animal Control. In speaking with Commander Littrell, it is our understanding that you acknowledge that the KMC was not properly enforced in this case. It is imperative that this type of situation does . _ __ _ __ _ ._ __. not happen again and that Animal Control fulfill its duties and obligations under the KMC. In an effort to prevent this type of situation from occurring again, it would be beneficial to discuss what Animal Control should have done in this case. • The obligations of Animal Control are quite clear under the KMC. Because the dog in question is a pit bull, it is classified as a "potentially dangerous animal" under KMC 8.02.010(18). A "potentially dangerous animal" is distinguishable from a "dangerous animal" in that a `Potentially Dangerous Animal' means any animal or dog that when unprovoked: (a) inflicts injury on a human or a domestic animal or livestock on public or private property; (b) chases or approaches a person upon the streets, sidewalks, or any public grounds, or upon (c) A surety bond issued by a surety qualified under Chapter 48.28 RCW in a form acceptable to the Poundmaster in the sum of at least $250,000.00, payable to any person injured by the dangerous or potentially dangerous animal, or 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 $250,000.00, insuring the owner for any personal injuries inflicted by the animal; and (d) Proof that all surrounding property owners and occupants have been notified and given an opportunity to comment on the confinement plans. (4) Any animal licensed or required to be licensed under this Section shall be immediately impounded by the Poundmaster i£ (a) the animal is not validly registered under this Section; (b) the owner does not secure and maintain the liability insurance coverage required; (c) the animal is not maintained in the proper enclosure; or (d) the animal is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of a competent person. (5) The provisions of this Section do not apply to temporary activities such as circuses nor to any governmental agency. These provisions are cumulative with any federal, state or local regulation. (6) Any person violating or failing to comply with this Section shall be guilty of a gross misdemeanor. Upon conviction for a violation of this Section, the City may seek an order from Benton County District Court mandating destruction of the animal. KMC 8.02.320 (emphasis added). In cases where there is a dog bite such as here, the KMC requires that the health officer must be notified. (1) Every animal bite shall be reported to the health officer who shall investigate the case and may order the offending animal to be impounded at any time during the ten days next following the date of the bile. If the animal is irnpoun�ed and after ten days next following the date of the bite no rabies is present or suspected, the animal may be released to the owner upon payment of any impounding, boarding, and permit fees, and compliance with the permitting and rabies vaccination provisions of this Chapter. If rabies is present or suspected by the health officer, the animal shall be destroyed and the head preserved for laboratory confirmation of the diagnosis. (2) If the health officer orders an animal impounded at any time during the ten days next following the date of a bite, the owner of the animal may request the impounding to be at a licensed veterinarian's establishment at his own expense. 6.05.050 Impounding of animals � Pasco Municipal Code _ Page 1 of 1 6.05.050 Impounding of animals. Any animal off the premises of the owner and not under the control of some person,or which is otherwise in violation of this chapter and subject to impound,shall be impounded.All animals impounded will be subject to receiving DHLP, parvovirus and Bordetella vaccinations. Reimbursement of vaccination cost will be at the expense of the owner. [Ord.3870,2008; Ord.3326§ 1, 1998; Code 1970�8.02.060.] The Pasco Municipal Code is current through Ordinance 4632, passed December 5,2022. Disclaimer:The City Clerk's office has the official version of the Pasco Municipal Code.Users should contact the City Clerk's office for ordinances passed subsequent to the ordinance cited above. City Website:www.pasco-wa.�ov CiryTelephone:(509)544-3080 Code Publishing Compan� The Pasco Municipal Code is current through Ordinance 4632, passed December 5,2022. , ��r�-,�;� n,��,rV 8.02:060: - Impounding of Animals. Any animal off the premises of the owner and not under the control of some person, or which is otherwise in violation of this Chapter and subject to impound, shall be impounded. All animals impounded by the animal control authority will be subject to receiving DHLP, Parvo, and Bordetella vaccinations. Reimbursement of the vaccination costs will be at the expense of the animal's owner. (Ord. 5207 Sec. 4, 2008; Ord. 5165 Sec. 2, 2006; Ord. 3778 Sec. 1(part), 1998; Ord. 3296 Sec. 1(part), 1991; Ord. 2882 Sec. 1, 1984; Ord. 2022 Sec. 1.01(part), 1976) j�,e Ct��1��(1 C. No dog shall be permitted to commit the following offenses on any premises or property, private or public: bite or attempt to bite any person, destroy private property, scatter refuse, chase vehicles, or commit any nuisance defined in this chapter or any other ordinance or law. [Ord. 32-98; Ord. 19-08; Ord. 24-19 § 1]. 7.03.060 Impounding of animals. Any animal off the premises of the owner and not under the control of some person, or which is otherwise in violation of this chapter and subject to impound, shall be impounded. All animals impounded will be subject to receiving DHLP, Parvo, and Bordetella vaccinations. Reimbursement of vaccination cost will be at the expense of the owner. [Ord. 32-98; Ord. 02-09; Ord. 24-19 § 1]. 7.03.070 Notice of impounding. Upon seizing and impounding of any dog, cat or other animal, the poundmaster shall give notice of such impounding in substantially the following manner: A. If the animal is wearing a tag with contact information, or if the identity of the owner is known to or can readily be determined by the poundmaster, then, as soon as reasonably practicable after the animal is impounded, the poundmaster shall notify the owner by telephone or otherwise that the animal has been impounded and may be redeemed as provided in this chapter. B. If the owner is known to the poundmaster, but cannot be notified under the provisions of subsection (A) of this section, or if the owner is so notified and does not appear to redeem his animal within 24 hours of the time of impounding, then the poundmaster may send, by certified and regular mail, a notice in substantially the following form: NOTICE OF IMPOUNDING: DATE: To Whorn It May Concern: I have this day seized and impounded in the City animal shelter at Street, an animal described as follows: Dog () Cat()Other Q Sex Color Breed Approximate Birth Date Other ldentification Name of Owner Notice is hereby given that unless said animal is claimed and redeemed on or before o'clock_M. on the day of , 20_, the same will be sold, adopted or destroyed as provided by ordinance.