Loading...
HomeMy WebLinkAbout3870 Ordinance ORDINANCE NO. 3 8 7d AN ORDINANCE amending Chapter 8.02 "Animal Control" of the Pasco Municipal Code. WHEREAS, the City Council of the City of Pasco has determined that certain amendments to the Pasco Municipal Code regarding Animal Control are warranted; NOW, THEREFORE, the City Council of the City of Pasco, Washington, Does Ordain as follows: Section 1. That certain Sections of Chapter 8.02 ANIMAL CONTROL of the Pasco Municipal Code is amended to read as follows: Section 2. That Section 8.02.010 entitled "Definition of Terms" shall be and hereby is amended and shall read as follows: 8.02.010 DEFINITION OF TERMS LD "Abandon" means the knowing or reckless desertion of an animal by its owner or the causing of the animal to be deserted by its owner, in anyplace, without making provisions for the animal's adequate care An animal left without adequate care for three or more da sshall be prima facie evidence that the animal has been abandoned. (12) "Animal" ineluded includes but is not limited to dogs and cats. (L33) "Animal Control Authority" vrPeundfaastea"or- "'chief Animal Ceat el Offl means the per-son, efAity, asseeiation or- eer-per-atien, appointed of authorized by the C=4y feF enfervement ef the animal reentfel laws, shelter- aEd welfare of animals within the Q1' 'P means the joint power authori y formed by interlocal agreement of the cities of Richland, Pasco and Kennewick to implement and provide animal control and sheltering services within the respective cities. (344) "Animal Control Officer" , appointed by the Animal Cea4r-el Audher-ity for-4he pufpese ef aiding in the enfereemepA of this the City whose duties in whele &r in pat4 inelude assignments that inve!Ne the seizure an A impeundment ef aft), animal. refers to that person employed by or under contract to the City to enforce the provisions of this title. (4D "At Heel." A dog shall be deemed to be "at heel" during such times as the dog is positioned and controlled in such a manner so as to remain within a distance of two feet from its owner or other competent person having charge of such dog. (1566) "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; (c) 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 confined, tied or restrained as to be unable to range beyond the owner's premises. (62) "Cat" means and includes female, neutered female, male and neutered male cats. (-7�) "Commercial Kennel" means any lot, premises, building or structure where four or more dogs or four or more cats over six months of age are kept. (99) "Competent Person" means any person who, by reason of age and physical ability, and training, is capable of maintaining control of an animal to the extent required by this chapter. (.910) "Dangerous Animal" means any animal that (a) has inflicted severe injury on a human being without provocation, (b) has killed a domestic or livestock animal without provocation, or (c) has been previously found to be potentially dangerous, the owner having received notice of such and the animal again aggressively bites, attacks, or endangers the safety of humans or domestic animals. (4}011) "Dog" means and includes female, neutered female,male and neutered male dogs. 12 "Domestic Animal" means a tame animal in the house or home or on the property, living with or used by people for companionship work and/or a food source. (44L3) "Health Officer" includes any person designated as such by the Benton-Franklin district health office, or any other person designated as such by the city council. (L4) "Livestock" includes but is not limited to horses mules, cattle, sheep, swine, goats and fowl kept or raised on a farm ranch or other spread of land which are raised for home use, profit, or hobby. (12]5) "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal for three consecutive das or more An animal is deemed to be harbored if it is fed or sheltered for three consecutive days or more and knowingly permitted to remain on the premises occupied b that hat person. If the owner of the animal is a juvenile, a parent or other custodian of such juvenile shall for the purposes of this chapter, be treated as the owner of the animal. (4-3 16) "Person" includes any person, firm, organization, partnership, corporation, trust or association of persons. (14D "Potentially Dangerous Animal" means any animal that when unprovoked: (a) inflicts injury on a human or a domestic animal, or livestock, or (b) chases or approaches a person upon the streets, sidewalks, any public grounds, or upon private property other than that of the animal's owner, 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 American Staffordshire Terrier breed of dog or any mixed breed of dog which contains as an element of its breeding the breed of American Pit Bull Terrier, Staffordshire Bull Terrier, or American Staffordshire Terrier so as to be identifiable as partially of the breed American Pit Bull Terrier, Staffordshire Bull Terrier, or American Staffordshire Terrier. (Ord. 3756 Sec. 1, 2006; Ord 3714 Sec. 1, 2005). (1$) "Poundmaster" means the Chief Officer gpl2ointed by the Animal Control Authority for the enforcement of animal control laws and regulations. The Poundmaster may include or employ Animal Control Officers and/or a Chief Animal Control Officer. (1519)"Proper Enclosure" means, while on the owner's property, a dangerous, or potentially dangerous email animal shall be securely confined indoors or in a an outside securely enclosed and locked pen or structure, resistant to tunneling, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides not less than five feet high and a secure top, and shall provide protection from the elements for the animal. The requirement for a secure top on the enclosure may be waived by the poundmaster upon showing that it is unnecessary. This section shall not apply to guard dogs or watch dogs utilized to secure premises enclosed by a fence or wall not less than five feet high and resistant to tunneling, located within an industrial or commercial zone. (4-620) "Severe Injury" means any physical injury that results in death, broken bones or disfiguring lacerations requiring one or more multiple sutures or cosmetic surgery. (+721) "Veterinary Hospital" means a public establishment regularly maintained and operated by a licensed veterinarian for the diagnosis and treatment of disease and injuries of animals. Animal" lion, tiger-, eetigar, meuntain lion, lynx or- bebeat; (e) bear; (d) wolf-, eeyete, fe* ef its hybrid, er-eeodile r- (h) any other- animal whieh is eapable ef killing er- seriously iniufif," hu „ be (22) "Welfare check" means tending to the well being of an animal. Whenever a type or breed of animal is described in this chapter, it includes any hybrid, cross breed or mixed breed of such animal to any degree that the type or breed can be identified by either the animal's appearance, behavior or pedigree. Whenever a power is granted to, or a duty is imposed upon the poundmaster or Chief Animal Control Officer or other public officer, the power may be exercised or the duty performed by an agent of the officer or by any person duly authorized unless this chapter expressly provides otherwise. All other words and phrases used in this chapter will have their commonly accepted meanings. (Ord. 3723 Sec. 1, 2005; Ord. 3326 Sec. 1, 1998.) Section 3. That Section 8.02.030 entitled "Animals Injuring Property Unlawful" shall be and hereby is amended and shall read as follows: 8.02.030 ANIMALS INJURING PROPERTY UNLAWFUL. It is unlawful for any owner to suffer or permit any dog, cat or other animal to trespass on private or public property so as to damage or destroy any property or thing of value, kill, maim or disfigure another's animal or livestock, or to deposit fecal matter on any property not that of his owner, and the same is declared to be a nuisance and any such dog, cat or other animal may be seized and impounded. (Ord. 3326 Sec. 1, 1998.) Section 4. That Section 8.02.060 entitled "Impounding of Animals" shall be and hereby is amended and shall read as follows: 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. '` e lieensed animal shall be impounded if it is preper-ly eenfined on the evixaer's . All animals imjounded will be subject to receiving DHLP Parvo and Bordetella vaccinations Reimbursement of vaccination cost will be at the expense of the owner. (Ord. 3326 Sec. 1, 1998.) Section 5. That Section 8.02.080 entitled "Redemption of Impounded Animal" shall be and hereby is amended and shall read as follows: 8.02.080 REDEMPTION OF IMPOUNDED ANIMAL. (t) Unless this chapter requires impounding for a longer period of time, any impounded animal may be redeemed by the owner, or authorized representative of the owner, by payment to the poundmaster of an impounding fee and a boarding fee for each calendar day, or part thereof, the animal has been confined, including the day on which the animal is first impounded. Each fee shall be as set forth in Chapter 3.07 of this code provided that the impounding fee shall be increased for the second impoundment and for the third and subsequent impoundments during a twelve month period. If the animal has no valid license tag the owner shall also obtain a license tag for the current year or duplicate tag in accordance with the provisions of this chapter. (2) Upon receiving payment of all fees due, the poundmaster shall execute a receipt in duplicate therefor, and one shall be delivered to the owner, upon which the owner shall acknowledge delivery of the animal and one shall be retained by the poundmaster. (3) If the animal has been declared wild; potentially dangerous or dangerous, the owner must also obtain a permit in accordance with 8.02.320 before such animal can be redeemed by the owner. (Ord. 3609 Sec. 1, 2003; Ord. 3385 Sec. 3, 1999; Ord. 3326 Sec. 1, 1998.) Section 6. That Section 8.02.170 entitled "Crimes Against Animals" shall be and hereby is amended and shall read as follows: 8.02.170 CRIMES AGAINST ANIMALS. (1) Any person who, with the intent to deprive or defraud the owner thereof, takes, leads away, confines, secretes, or who conceals the identity by obscuring, altering or removing any collar, tag, license, tattoo or other identifying device or mark on any dog or other domestic animal shall be guilty of a gross misdemeanor. (2) Any person who willfully molests, provokes or mistreats any animal or willfully opens any door or gate or unleashes any animal for the purpose of allowing it to leave its owner's property or to be at large shall be guilty of a misdemeanor. (3) Any person who shall willfully injure, torture, torment, mutilate, neglect, or deprive of the necessary food or water, or who shall overdrive, overload, overwork, or work when disabled, cruelly beat, mutilate, or cruelly kill any cat, dog or other animal, or cause or procure an animal to be overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of the necessary food and water, cruelly beaten or killed or who shall kill or wound any domestic animal by use of any gun, club, knife, bow and arrow or other weapon which may be used for the purpose of inflicting injury or death to any such animal, shall be deemed guilty of a gross misdemeanor. Any owner of an injured, ill, malnourished, neglected or mistreated animal shall provide necessary veterinary care or aid of such animal as may be necessary, as determined by the poundmaster, provide for the recovery of or relief from unnecessary suffering of the animal. (4) Any person who shall maliciously kill, maim or disfigure another's animal, or maliciously administer poison to any such animal, or expose any poisonous substance with intent that the same should be taken by such animal, or commit any other act or omission by which unjustifiable pain, distress, suffering or death is caused or permitted to any animal or animals, whether the acts or omission herein contemplated be committed either maliciously, willfully or negligently, or knowingly permit such act or omission, or shall cause or procure the same to be done shall be deemed guilty of a gross misdemeanor. (5) It is unlawful for any person to abandon any domestic animal by dropping off or leaving such animal on the street, road or highway, or in any other public place, or on the private property of the owner or another, including unauthorized abandonment at an animal shelter. (6) This section does not apply to the killing of any animal by a police officer, animal control officer, a licensed veterinarian, the owner of such an animal or a person authorized by him to destroy such animal; provided, however, that the death of such an animal is accomplished in a humane manner and for lawful purpose. (7) Every person, firm or corporation convicted of violating subsections (1), (3) or (4) of this section shall be punished by a mandatory fine of not less than $500.00 per animal. Conviction under this section does not bar prosecution and conviction under any other section of this code or any other law or ordinance. (Ord. 3326 Sec. 1, 1998.) Section 7. That Section 8.02.175 entitled "Removal of Animal - Notice" shall be and hereby is amended and shall read as follows: 8.02.175 REMOVAL OF ANIMAL —NOTICE. If a law enforcement officer or animal control officer has probable cause to believe that an owner of a domestic animal has violated PMC 8 02 170 and no responsible person can be found to assume the animal's care, the officer may authorize with a warrant the removal of the animal to a suitable place for feeding and care, or may place the animal under the custody of the poundmaster(RCW 16.52.085). An officer may remove an animal under this subsection without a warrant only if the animal is in an immediate life-threatening condition In all cases the officer shall make a og od faith effort to notify the owner prior to the animal's removal. If contact cannot be made, notice shall be Piven by posting the place of the seizure by delivering to a person residing at the place of seizure, or by registered mail if the owner is known. Section 8. That Section 8.02.250 entitled "Kennels — Licensing Provision — Commercial Kennels" shall be and hereby is amended and shall read as follows: 8.02.250 KENNELS - LICENSING PROVISION - COMMERICAL KENNELS. No person, firm or corporation shall maintain a commercial kennel within the City without having a current business license and valid commercial kennel license therefore posted in plain view on the premises. The City Clerk shall issue an annual business license and commercial kennel licenses upon the payment of an annual fee as established by the City Council in Chapter 3.07 of this Code and upon receipt of an annual Certificate of Inspection from the Inspection Services Manager. No license shall be issued for a commercial kennel located in violation of any zoning regulations governing the location of commercial kennels, or operated in violation of any other law. (Ord. 3829, 2007; Ord. 3326 Sec. 1, 1998.) Section 9. That Section 8.02.280 entitled "Unlicensed Animals -- Annual Survey" shall be and hereby is amended and shall read as follows: 8.02.280 UNLICENSED ANIMALS - ANNUAL SURVEY. (1) Oft OF a fter- Ma"^li't Each year the City may undertake a survey of all residents in the City to locate and address themselves to every owner of unlicensed dogs. (2) Every legal means will be used to bring recalcitrant owners into compliance. The canvassers will be given the authority to sell licenses and collect a penalty as determined from time to time by the City Council. (Ord. 3326 Sec. 1, 1998.) Section 10. That Section 8.02.320 entitled "Wild, Potentially Dangerous and Dangerous Animals" shall be and hereby is amended and shall read as follows: 8.02.320 WILD, POTENTIALLY DANGEROUS AND DANGEROUS ANIMALS. (1) Declaration: The poundmaster has the authority to declare an animal wild, potentially dangerous or dangerous and require such animal to have a permit in accordance with this section. The poundmaster may declare an animal i potentially dangerous or dangerous if he has probable cause to believe that the animal falls within the definitions set forth in section 8.02.010. If the owner of such animal can be readily determined, the poundmaster shall notify the owner personally or by certified mail of the declaration. If, however, the owner of such animal cannot be readily determined, notification shall be waived. (2) Impoundment: No person shall have, keep or maintain a wi-ki,, potentially dangerous or dangerous animal without first obtaining a permit from the poundmaster. Aninial vA�heut a peanit in aeeef-danee with this seetion shall be iffHflediately impounded by poundmaster-at the ex ense of the evmen Any animal meeting this definition and found at-large without a permit will be impounded immediately at the ex ense of the owner. If the owner of such animal can be readily determined, the poundmaster shall notify the owner personally or by certified or regular mail of the impoundment. If, however, the owner of such animal cannot be readily determined, notification shall be by posting at the Animal Control Agency as provided in Section 8.02.100. (3) Appeal: Any owner of an animal subject to this section, may appeal the determination of the poundmaster to the Hearing 8ffiee Examiner for determination provided the appeal is made in writing including_payment of an appeal filing fee payable to the City (as written in Section 3.07) and filed with the City Clerk within ten 10 days of the poundmaster's determination. The hearing shall be scheduled within seven (7) days of the date of service of such notice and the decision of the poundmaster shall be stayed and any impoundment shall continue, at the cost of the owner,pending the appeal. a If the Hearing Examiner finds insufficient evidence to sLipport the Declaration,the Declaration shall be rescinded and the restrictions imposed thereby annulled, and the appeal filing fee refunded All impound fees are the responsibility of the owner of the animal, no animal impound expense and fee(s) shall be assessed against the City of Pasco or the animal control authority or officer. b) If the Hearing Examiner finds sufficient evidence to support the declaration, he / she shall impose hearing costs on the appellant (as written in Chapter 3.07), restitution if applicable and may impose additional restrictions on the animal. c_) Decisions of the Hearing Examiner shall be final and conclusive unless a timely gp eal is filed with the Superior Court of Franklin County_by an aggrieved party within twenty- one 21) calendar days from the date of issuance of the decision and any impoundment shall continue at the cost of the owner, pending heggoeal. (4) Redemption or Destruction of Animal: An animal impounded under this section shall be returned to its owner if he complies with section 8.02.320(5) and 8.02.080 within 72 hours of after notification of impoundment. If, however, the owner of the impounded animal under this section does not comply with section 8.02.320(5) and 8.02.080 within 72 hours after notification of impounding, such animal shall be destroyed in an expeditious and humane manner. For purposes of determining whether the 72 hours have expired, the following methods shall be used: (a) if the owner is personally served by the poundmaster, time begins when the owner was personally served; (b) if the owner is mailed notice by certified and regular mail, time begins when the notice was mailed; and, (c) if the owner of such animal could not be readily determined by the poundmaster, notice shall be by posting as provided by section 8.02.100 and the time begins at posting as provided by section 8.02.100. EXCEPTION: Upon execution of Declaration of Removal by the owner, or authorized representative of the owner of the animal and payment of applicable fees including impound fees, the animal may be released by the poundmaster into the custody of the owner, or authorized representative of the owner for the immediate and permanent removal of the animal from Pasco. (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 a 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 Y414, potentially dangerous or dangerous animal; or liability insurance, such as homeowner s insurance, issued by an insurer qualified under Title 48 RCW in the amount of not less than $250,000 with maximum deductible coverage not to exceed $2,500 in a form requiring notice to the City of cancellation or nonrenewal of such policy not less than 30 days prior to its date of cancellation or expiration, insuring the owner for any personal injuries or property damage 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. (Ord 3756 Sec. 2, 2006). (6) Exemption to Permit Requirement: An animal that is classified as "potentially dangerous" under the provisions of subsection 8.02.010 (14)(d) may be exempted from the permit requirements of the above subsection (5), provided such animal has passed the Canine Good Citizen (CGC) test of the American Kennel Club (AKC), as administered by the poundmaster or the Animal Control Authority, and received the appropriate certificate from AKC. Such animal shall be retested and passed at least once every two years in order to maintain this exemption. (7) Control and Confinement: Dangerous and potentially dangerous animal 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). (8) Violations and Regulation: Any person violating the provisions of this section shall be guilty of a gross misdemeanor. No person who, being the owner of any v4W, potentially dangerous or dangerous animal, shall keep, harbor or maintain the same on or off his premises in a manner endangering or likely to endanger the safety of persons, property or other animals nor shall he allow the same to run at large within the City. It shall be a defense to any charge under this section involving an alleged v4M potentially dangerous or dangerous animal that the person endangered was committing, was about to commit or had just committed a trespass or crime and that the animal s reaction was a natural result thereof. The Animal Control Agency may petition the Pasco Code Enforcement Board to determine whether an animal should be destroyed. (Ord. 3714 Sec. 2, 2005; Ord. 3439 Sec. 1, 2000; Ord. 3385 Sec. 1, 1999; Ord. 3326 Sec. 1, 1998.) Section 11. That Section 8.02.330 entitled "RCW Sections Adopted — Possession of Potentially Dangerous Wild Animals Prohibited" shall be and hereby is amended and shall read as follows: 8 02 330 RCW Sections Adopted — Possession of Potentially Dangerous Wild Animals Prohibited The following sections of the Revised Code of Washington (RCW) pertaining to 12rohibiting possession of potentially dan Brous wild animals including bobcats (lynx rufus member of the Class mammalia Order carnivora Family felide, or M hybrid or cross-mix thereof) as now or hereafter amended are hereby adopted by reference as part of this Chapter in all respects through such chapter were set forth in full: RCW 16.30.005; RCW 16.30.010, RCW 16.30.020; RCW 16.30.030• RCW 16.30.040• RCW16.30.050• RCW 16.30.060 RCW 16.30.070; RCW 16.30.900. Section 12. That Section 8.02.360 entitled "Penalty Provisions" shall be and hereby is amended and shall read as follows: 8.02.360 PENALTY PROVISIONS. (1) Any person violating any provision of this chapter, except sections 8.02.130, 8.02.170 and 8.02.320, is guilty of an infraction. Unless matters in aggravation warrant a greater civil penalty, each violation shall be subject to a minimum penalty as set forth in Chapter 3.07 of this code, plus all costs and assessments for the following respective violations: (a) First violation within five years. (b) Second violation within five years. (c) Third violation within five years. (d) Four or more violations within five years. (2) Each person is guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this chapter is committed, continued or permitted by any such person and shall be punished accordingly. (3) Court costs shall be assessed in addition to any other fine, penalty, cost or statutory assessment imposed. (4) The City, at its election, may divert any infraction, identified in subsection (1), above, to be heard before the Pasco Code Enforcement Board pursuant to Chapter 11.024 of the Pasco Municipal Code. Assessments of monetary penalties for violations of this chapter shall be assessed by the Code Enforcement Board, in accordance with subsection (1), (a) through (d) above. (Ord. 3544 Sec. 1, 2002; Ord. 3534 Sec. 1, 2002; Ord. 3326 Sec. 1, 1998.) Section 13. That Section 8.02.365 entitled "License Fees" shall be and hereby is amended and shall read as follows: 8.02.365 LICENSE FEES. The following animal license categories are established with respective fees as set forth in Chapter 3.07 of this code. (1) Dog license (a) Unaltered (b) Altered, spayed or neutered (2) Cat license (a) Unaltered (b) Altered, spayed or neutered (3) Low income senior citizens meeting the criteria for eligibility for utility discount services provided by PMC 13.20.040 altered, spayed or neutered, dog or cat. (4) Replacement tags (a) Replacement tags for low income senior citizens meeting the criteria for eligibility for utility discount services provided by PMC 13.20.040 (5) Kennel and Cattery (6) Potentially Dangerous or old Dangerous Animal Permit A late fee for each license issued, shall be assessed against any person failing to secure the required license within the dates required by PMC 8.02.190. (Ord. 3544 Sec. 2, 2002; Ord. 3385 Sec. 2, 1999; Ord. 3326 Sec. 1, 1998.) Section 14. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. PASSED by the City Council of the City of Pasco at its regular meeting this,:�L day of 2008. Joyce n, ayor ATTEST: APPROVED AS TO FORM: � l Debra L. Clark, City Cle / Leland B. Kerr, City Attorney