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HomeMy WebLinkAbout3714 Ordinance ORDINANCE NO. 3 7 I AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING TITLE 8 "ANIMAL CONTROL" OF THE PASCO MUNICIPAL CODE CONCERNING DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS. WHEREAS, the City Council was recently informed by citizens of an unprovoked attack of a citizen by a"pit bull" dog while the dog was on a leash under the control of it's owner and on a public way; and WHEREAS, the City Council has been advised of other concerns held by citizens regarding the dangers associated with pit bull dogs in neighborhoods throughout Pasco; and, WHEREAS, the city's poundmaster has advised the City Council that Pasco contains a disproportionately higher number of pit bull dogs per capita than does the neighboring city of Kennewick, as evidenced by his patrol experience and impoundment records; and WHEREAS, the city of Kennewick has in force a local regulation which defines "pit bull terriers..." as potentially dangerous dogs and requires such dogs to meet special requirements relating to confinement, insurance and notification to neighbors; and WHEREAS, it is apparent that persons previously residing in the neighboring city of Kennewick have relocated to Pasco to avoid Kennewick's pit bull regulations, thus increasing the exposure of harm to current Pasco residents; and WHEREAS, the City Council after lengthy public discussions of these concerns, finds that declaration of "pit bull terriers..." as potentially dangerous dogs is necessary to authorize impoundment of such potentially dangerous dogs by the poundmaster unless the respective owners comply with the confinement, insurance and notification requirements, thus restoring the reasonable expectation of safety of Pasco citizens; and WHEREAS, the City Council further finds that use of the "Canine Good Citizen" (CGC) test, offered by the American Kennel Club (AKC), is an appropriate means by which owners of well-behaved "pit bull terriers...", otherwise classified as potentially dangerous under the new rules, are afforded the opportunity to be exempted from the new classification; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That PMC Chapter 8.02.010 entitled "Definition of Terms," subsections (S) and (14) are hereby amended and shall read respectively as follows: (5) "At Large" means off the premises of the owner or upon the public streets, alleys, public grounds, school grounds or parks within the city. A dog shall not be deemed at large if: (a) It is attached to a leash or chain of sufficient strength to restrain the dog and not more than eight feet in length, when said leash or chain is held by a person competent to restrain and control the dog off the owner's premises; (b) It is properly restrained within a motor vehicle or housed in a veterinary hospital; (e) It is accompanied by and "at heel" beside the owner or a competent responsible person; (d) The dog or dogs are left unattended on the owner's premises, and it or they shall be so physically confined, tied or restrained as to be unable to range beyond the owner's premises. (14) "Potentially Dangerous Animal" means any animal that when unprovoked: (a) inflicts injury on a human or a domestic animal, or(b)chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or (c)has a known propensity, tendency, or disposition to attack, or to cause injury or otherwise to threaten the safety of humans or domestic animals..., or (d) is a Pit Bull Terrier which means any American Pit Bull Terrier. Staffordshire Bull Terrier or de eommeniv feeeepAzed as a Bull 4 "f1er.-American Staffordshire Terrier breed of dog or any inixed breed of dog which contains as an element of its breeding; the breed of American Pit Bull Terrier, --of—Staffordshire Bull Terrier, or American Stii:fTOrdshire Terrier so as to be identifiable as partially of the breed American Pit Bull Terrier, Staffordshire Bull Terrier.or American Staffordshire Terrier.: Section 2. That PMC Chapter 8.02.320 entitled "Wild, Potentially Dangerous and Dangerous Animals,,".: subsections (5) (6 2) and 8 are hereby amended and shall read as follows: (5) Permit Required: No person shall have, keep or maintain any wild, potentially dangerous or dangerous animal without first obtaining an annual permit from the poundmaster. The fee for such permit shall be in addition to the regular annual license fee. A permit will only be granted if the applicant has provided and maintains: (a) a proper enclosure to properly and safely confine the animal as determined by the poundmaster, (b) a conspicuously posted sign on the premises which clearly warns the public and children that there is a wild, potentially dangerous or dangerous animal on the property, (c) $250,000 surety bond issued by a surety insurer qualified under RCW 48.28 in a form acceptable to the poundmaster payable to any person injured by the wild, potentially dangerous or dangerous animal; or liability insurance, such as homeowner's insurance, issued by an insurer qualified under RCW 48 in the amount of at least $250,000, 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. C6� Exggiption. to Permit Requirement: An animal that is classified as__Vootentially dangerous" under the provisions of subsection 8.02.010 (14)(d)may be exempted from the 12en-nit requirements of the above subsection (S), provided such animal has passed the Canine Good Citizen (CGC') test of the American.Ke.nnel Club (AKC). as administered by the poundmaster or the Aniinal Control Authority. and received the appropriate certificate from fAKC. Such animal shall be retested and passed at least once every two ti c Lars iu_prde_r to maintain this exemption. (67) Control and Confinement: Dangerous and�'�+� ' potentially dangerous animals must be muzzled and securely leashed, restrained and under the control of a person physically able to control the animal when away from the property of the owner or keeper; or, while on the property of the owner, must be securely confined within a "proper enclosure'' as defined in section 8.02.010 made of materials strong enough to adequately and humanely confine the dog in a manner which prevents it from escaping the property and to prevent the entry of young children and kept in conformance with requirements in section 8.02.320(5). building, a _ ehild+.-en and design 8.02.2"ter ($3 —Violations and ReUilation: (re-number.suhsectio.n only) Section 3. This Ordinance shall take full force and effect on July 1, 2005 after its approval, passage and publication as required by law. SSED by the City Council of the City of Pasco, Washington and approved by law this 18 ay of January, 2 5. ichael L. G ison Mayor ATTEST: APPROVED AS TO FORM: Sandy L. enworthy Leland B. Kerr Deputy City Clerk City Attorney