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HomeMy WebLinkAbout1092 OrdinanceORDINANCE NO.1_ q9 AN ORDINANCE RELATING TO DOGS, PROVIDING FOR LICENSING, IMPOUND- ING, CONFINE AND VACCINATION OF DOGS, REGULATING THE CONDUCT OF DOGS AND OTHER ANIMALS AND PROVIDING PENALTIES FOR THE VIO_ LATION THEREOF, and REPEALING ORDINANCE NO.' 978 AND PASCO CITY' CODE 7-12.04 to 712.104 INCLUSIVE AS IT NOW EXISTS, THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. Definitions*., The following words when used in this ordinance shall have the meanings respectively ascribed to them in this section, unless where used the context thereof shall clearly indicate to the contrary: (a) "Class One Kennel"I means any lot, premises, building or structure where four or more dogs over six months of age are kept,fo co:. -.1. aiercial pus:,pos:e;,. (b) "Class Two Kennel" shall mean any lot, premises, building or structure where not more than three dogs over six months of age are kept either for family purposes or commercially. (c) "Owner" means any person, firm, or corporation owning, harboring, keeping or possessing a dog or other animal. (d) "Dog Warden" means, the duly appointed City Dog Warden. (e) "At large" means to be off the premises of the owner, and not under the control of the owner or of an authorized person by leash. (f) "Dog" shall include both male and female. ('g) "Leash" shall include a cord, thong or chain not more than 8 feet in length by which a dog is controlled by the person accompanying it. Section 11. License required. Except as provided in Section 21 of this ordinance, no owner shall keep or permit any dog of over six months of age within the City after May 1, 1963, unless such dog is licensed and a license tag attached as provided in this ordinance. Section 12. License procedure -duration of license- -notice. Licenses shall be issued annually by the City Treasurer between May 1 and June 1 of each year, and shall be valid until May 31, inclusive, of the following year. The City Clerk shall cause to be published in the official newspaper once between May 1 and May 15 of each year a notice of the licensing provisions of this ordinance. Section 13. License procedure -:-vaccination required. No license shall be issued for a dog unless the applicant presents a valid rabies vaccination cer- tificate issued by a licensed veterinarian indicating that the dog has been vaccinated against rabies by the administration of a vaccine that meets the standards of the U. S. Public Health Service, and that will provide immunity from rabies for the duration of the licensing period. Section 14. License Fee. The annual license fee for each dog shall be $2. 00. In addition to the license fees prescribed by this section, each applicant who applies after the time when he is required to have the license shall pay a penalty of $1. 00. Section 15. License receipts and tags. The City Treasurer shall provide lic6nse receipts, in triplicate, numbered consecutively, and providing space for the following information; The name, address and phone number of the owner, and the name, breed, color, age and sex of the dog, the identacode number (if any) and the date and serial number of vaccination: T<he City Treasurer shall provide license tags bearing numbers corres- ponding with those on the license receipts and indicating the expiration date of such license and bearing the words "City of Pascoe. The shape of the tags shall vary from year to year, and they shall be of a suitable size. Section 16. License procedure --receipts and tags. Upon the payment of the license fee and fulfillment of the licensing requirements, the City Treasurer shall execute a receipt in triplicate. The original of the receipt together with a license tag as provided for in Section 15 shall be delivered to the applicant. A copy shall be retained by the City Treasurer, and a copy delivered to the Dog Warden. Section 17. License procedure -affixing tags. Each licensed dog shall be provided , by the owner, with a suitable collar or harness which shall be worn by the dog at all times. To such collar or harness shall be affixed a license tag I provided by the City for each year. It shall be unlawful for any person other than the owner, his agent or a City Official to remove the license tag from the ..: Section 18. Duplicate license tags'. In the event any license tag is lost, a duplicate shall be issued by the City Treasurer upon presentation of the corresponding receipt and upon payment of a fee. of $. 50. Section 19. License—Change in ownership. Whenever the ownership of a dog shall change, the new owner shall notify the City Treasurer and pay the sum of 50 cents whereupon the City Treasurer shall change the record accordingly for such dog, and the previously issued license for such dog shall remain valid for the remainder of the license year. Section 20. Kennel licensing provisions. (a) Class One Kennel. No person, firm, or corporation shall maintain a Class One Kennel within the City without having a valid license therefor posted in plain view on the premises. The City Treasurer shall issue Class One Kennel licenses upon the payment of $10. 00. The license fee shall not be assessed against any person who has paid the yearly Business License Fee as required by ordinance. No license shall be issued for a Class One Kennel located in violation of any zoning regulations governing the location of commercial kennels or operated in violation of any other law. (b) Class Two Kennel. An owner having not more than three dogs may apply for a Class Two Kennel license. The City Treasurer shall issue Class Two Kennel licenses upon the payment of $6. 00. Such license shall be posted in plain view on the premises. (c) Kennel licenses. All kennel licenses shall be issued in triplicate. The original of the receipt shall be delivered to the applicant, a copy retained by the City Treasurer and a copy delivered to the dog warden. Section 21. Kennel's --dog licensing and vaccination requirements. Any dog kept in a licensed kennel need not be individually licensed provided that at all times when not securely confined in the kennel the dog is kept on a suitable leash. A kennel licensee shall cause all dogs over six months of age kept in that kennel to be vaccinated against rabies in accordance with the provisions of Section 13. Any dog for which evidence of such vaccination cannot be produced shall be impounded.. Section 22. Licenses --unlawful conduct. It shall be unlawful to counterfeit or alter any license, license receipt, or license tag provided for in this ordinance, or to take from any dog a license tag legally placed upon that dog with the intent to place it upon another dog, or to place upon a dog a license tag not validly issued for such dog. Section 23. Impounding --unlicensed dogs. After the date prescribed in Section 11 of this ordinance, the dog warden shall'seize and impound promptly any dog found within the City without a valid license tag as provided for in this ordinance. Section 24. Dogs at large. It shall be unlawful for any owner to cause, permit, or allow any dog owned, harbored, controlled or kept by him, in the City of Pasco, to roam, run or stray away from the premises where the same is owned, harbored, controlled or kept, except that while away from said premises, such dog, shall at all times, 'be controlled by means of a leash not exceeding 8 feet in length, by the owner or some duly authorized and competent person provided, however, that such leash or chain is' not required for any dog when otherwise safely and securely confined or completely controlled while in or upon any vehicle. This section shall not apply -to dogs which are in special , areas which maybe designated by the Superintendent of Parks as dog training areas . . and so long as the regulations of the Superintendent of Parks with respect to the use of such areas are compiled with, and said dogs*are under the custody and control of a competent trainer. Section 25. Dogs - offenses. 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 and no dog shall be permitted to deposit fecal matter on any property not that of his owner, or commit any nuisance defined in this or any other ordinance or law. The provisions of this section and the penalties attached to this section in this ordinance so far as applicable shall be applied to cats. Section 26. Dog nuisances. No dog shall, by frequent or habitual barking, yelping, or howling, or by habitual threat of attacking or biting, cause annoyance to the neighborhood or to passers-by. The provisions of this section and the penalties attached to this section in this ordinance so far as applicable shall be applied to cats. Section 27. Impounding of dogs. Any dog which is in violation of sections 24, 25, or 26 may be seized and impounded by the dog warden. Section 28. Citations ---contents. If a dog is found in violation of sections 24, 25, or 26, and if the owner is known or may be determined, the dog warden may issue a citation and notice to appear before the Police Court to the owner. The citation and notice to appear shall include spaces for the owner's name and address, the offense charged, and the time and place where such owner shall appear in court and a place where the owner may sign. Such spaces shall be filled with the appropriate information by the dog warden and the owner requested to sign. Such citation shall not be issued for any offense or violation, unless the offense or violation is committed in the presence of the dog warden or police officer. However, the dog warden may issue warning citations to owners of dogs whose dog has violated any of the offenses defined in this section although not in his presence. Section 29. Reporting violations. Any person reporting a violation of this ordinance to the _.do-g,.war.den, shall identify himself by giving his name and address. Section 30. Discretion of Dog Warden --court order. The dog warden or police officer shall use his sound discretion in determining whether a dog shall be impounded or his owner issued a citation under the provisions of this ordinance. Nothing herein shall be deemed to prevent a court of competent jurisdiction to order the impounding, sale, destruction or release of any dog under the provisions I of this or any other ordinance or law. Section 31. Dog bites- -impounding. Every dog bite shall be reported to the Public Health Officer who shall investigate the case and may order the offending dog to be impounded at any time during the 14 days next following the day of the bite. If the dog is impounded and after the 14 days and next following the day of the bite no rabies is present or suspected, the dog may be released to the owner 1 upon payment of the impounding fees and boarding fees, any license due, and compliance with the rabies vaccination provisions of Section 33 of this ordinance. If rabies is present or suspected by the Public Health Officer, the dog shall be destroyed and his head preserved for laboratory confirmation of the diagnosis by the Public Health Officer. If the Public Health Officer orders a dog impounded at any time during the 14 days next following the day of the bite, the owner of the dog may request said impouJment to be at a licensed veterinarianIs establishment at his own expense. Section 32. Harboring vicious dogs. It shall be unlawful for any person to harbor a dog which he knows or has reason to believe is vicious. Section 33. Rabies -.-confinement and vaccination. Whenever a case of rabies is reported in Benton or Franklin Counties, the Public Health Officer may post and publish notice thereof and all dogs shall be immediately confined by their owners for a period of not less than 14 days. No dog shall be released from such confinement until it has been vaccinated against rabies by a licensed veterinarian, or the owner shall produce valid evidence of such vaccination as provided for in Section 13 of this ordinance. Any dog found not confined in accordance with this section shall be seized promptly and confined by the dog.,. -Warden. Section 34. Notice of impounding. Upon the seizing and impounding of any dog, the dog warden shall give notice of such impounding in the following manner: (a) If the dog is licensed and is wearing a license tag, or if the identity of the owner is known to or can be readily determined by the dog warden, then as soon as reasonably practicable after the dog is impounded the dog warden shall notify the owner by telephone or otherwise that his dog has been impounded and may be redeemed as herein provided. (b) If the owner is known to the dog warden, 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 dog within 24 hours of the time of impounding, 1 then the dog warden shall send by certified mail a notice in substantially the following form: NOTICE OF IMPOUNDING Date To Whom It May Concern: I have this day seized and impounded in the City dog pound at _ Street, a dog described as follows: Sex _Color r� Breed - - Approximate Age Other Identification Name of Owner Notice is hereby given that unless said dog is claimed and redeemed on or before otclock m. , on the day of 19 , the same will -be sold or destroyed as provided by ordinance, . Signed Dog warden (c) If the owner is unknown to the dog warden and cannot be readily z determined by him, the dog warden shall cause to be posted at City Hall a notice in substantially the form prescribed in subsection (b) of this section. (d) If the impounded dog has an "Identacode" number and such dog has not been claimed and redeemed within 48 hours of the giving, mailing, or posting of the first notice as prescribed in subsections (a), (b), and (c) of this section then the dog warden_ shall notify the district office of the National Dog Record Bureau of the impounding of such dog. Section 35, Redemption of impounded dogs. Unless this ordinance requires impounding for a longer period of time, any impounded dog may be redeemed by the owner by the payment to the City Treasurer of an impounding fee of three dollars ($3. 00), and a boarding fee of one dollar ($1. 00) for each calendar day, whole or part, the` dog has been confined, including the day on which the dog is first impounded, except that for the third and subsequent impoundings in one cal.enda:r year, the impounding fee shall be $10. 00. If the dog has no valid license tag, then the owner shall also obtain a license tag for the current year or a duplicate license tag in accordance with the provisions of this ordinance. Upon receiving payment of the impounding and boarding fees, the City Treasurer shall execute a receipt in triplicate therefor; the original shall be delivered to the owner; a copy shall be retained by the City Treasurer upon which the owner acknowledges delivery of the animal; the third copy of the receipt shall be delivered to the Dog Warden, Section 36. Redemption of impounded dogs -vaccination. If, at the time of redemption of any dog over six months of age, that dog has no valid rabies I vaccination tag, it shall be the duty of the owner to give sufficient evidence within the 72 hours next following the redemption time that the dog has been vaccinated against rabies as provided for in Section 13. This may be accomplished by presenting the owner's copy of the license certificate to the dog warden with the space for recording the vaccination serial number left blank. The dog warden shall then deliver the dog to the owner, who shall have the dog vaccinated, and upon presenting the vaccination certificate to the City Treasurer, the vaccination serial number will be inserted on all copies of the license certificate.. Section 37: Disposition of Unlicensed Dogs. After the redemption period has expired as to unlicensed dogs, the Dog Warden may; (a) Sell any dog to defray all or part of the expense of keeping it, or (b) Release any dog to any person or organization as he may see fit, or (c) Destroy any dog, Section 38. Disposition of Licensed Dogs. After the redemption period has expired as to licensed dogs, the Dog Warden may: (a) Sell any dog to defray all or part of the expense of keeping it, or (b) Release any dog to any person or organization as he may see fit, or (c) Require the owner of any dog who refuses to reclaim, remove, or consent to the de stroyxing of said dog to pay for the boarding of said dog in the pound at the rate of $1. 00 for each and every or part thereof until the license expires at which time said dog may be legally and properly destroyed. The City may enforce this subsection by civil action. Section 39. Destruction of animals. Upon the written request of the owner the dog warden shall destroy any animal. The fee shall be two dollars ($2. 00), pay- able to the City Treasurer. Any dog or other animal which is suffering from serious injury or disease or which endangers the health and safety of any person, may be seized by the dog warden or police officer and humanely destroyed. In the event of an emergency endangering the health or safety of any person, where seizure and impoundment is deemed inadvisable or impracticable, or for humane considerations, the dog warden or other police officer in his discretion may summarily destroy the animal involved. Section 40. Unlawful behavior: It shall be unlawful for any owner to keep or harbor or own any dog or other animal which by frequent or habitual barking, yelping, howling or the making of any other noises, threatens the public health or welfare; or by constant threat of attacking or biting, shall cause annoyance to the neighborhood or to people passing to and fro upon the street. It shall be unlawful for any owner to permit his dog or other animal to damage the lawn garden, or other property of another. Section 41. Cruel treatment of animals. It shall be unlawful for any person to keep or harbor a dog or other animal in a cruel and inhumane manner, including failing to provide sufficient food, drink and a clean, sanitary shelter. It shall also be unlawful to mutilate or kill in a cruel manner, or to abandon any animal. It shall be unlawful for any person or persons to tease, torment, injure or kill any dog that is being kept in accordance with this ordinance, except as otherwise provided in this ordinance. Section 42. Interference with officers or City pound. It shall be unlawful for any unauthorized person to break open, or attempt to break open, the City animal pound, or to take or let out any animals therefrom, or .to take or attempt to take from any dog.c-warden or any officer any animal seized by him in compliance with this ordinance, or in any manner interfere with or hinder such an officer or dog warden in the discharge of his duties under this ordinance. Section 43. Violation.. -penalties. Every person, firm, or corporation convicted of a violation of sections 22, 32, 33, 41, and 42 shall be punished by a fine not to exceed three hundred dollars ($300. 00) or by imprisonment for not more than 90 days, or by both such fine and imprisonment. Every person convicted of a violation of any other section or sections of this ordinance shall be punished by a fine of not more than one hundred dollars ($100. 00). For any violation of a continuing nature, each day's violation shall be considered a separate offense and shall subject the offender to the above penalties for each offense. Section 44. Dog warden --office and duties. There is hereby established the office of Dog Warden of the City of Pasco, who shall have the power and responsibility to restrain and impound said dogs and \Yho shall have general supervision over and management of a place where said dogs are impounded. The place of impoundment may be maintained at a place descretionary with such Dog Warden and he may make public and declare reasonable regulations and rules for the maintenance, conduct and operation of such place of impoundment and shall charge a fee of $2. 00 for destroying in a humane manner any animal at the written request of the owner. Section 45, Dog warden �records. The dog warden shall keep a record of all animals handled by him and shall make an annual report to the City Treasurer. Section 46. Records property of City. All records kept or retained by the Dog Warden in the enforcement and administration of this ordinance shall be the property of the City. Section 47. Aid of other officers. Any police officer of the City is authorized to aid the dog;:wardenin the enforcement of this ordinance. Nothing in this ordinance shall be deemed to prevent any police officer from seizing any animal violating this ordinance and delivering it to the City animal pound, or from enforcing any criminal provision of this ordinance. Section 48. Request to go onto private property. The dog warden shall have the authority to go onto private property and impound any dog located thereon when requested to do so by the property owner. Section 49. Severability. The invalidity of any article, section, sub- section, provision, clause, or portion thereof, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this ordinance or the validity of its application to other persons or circumstance s. Section 50. Repeal. Ordinance No. 978 and Pasco City Code 7.-12. 04 to 712. 104 inclusive as it now exists are hereby repealed. Section 51: Effective date. This ordinance to be in full force and effect on May 1, 1963. PASSED by the City Council and APPROVED by the Mayor this -211rZ day of April, 1963. Attest City Clerk Approved as to form; City Attorne. 6.3