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.