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HomeMy WebLinkAbout1299 OrdinanceORDINANCE' NO. /A.1 AN ORDINANCE relating to dogs, impounding dogs, disposition of dogs, licensing of dogs , cruel treat ment of animals, poisoning of animals, to prevent the spread of disease of rabies or hydrophobia; pro- viding for the quarantine of dogs and cats suspected of being infected with said disease; providing for a strict quarantine of all dogs in the City of Pasco dur- ing any period when said disease is prevalent in the City and for the impounding and destruction of any dogs found running at,- large during such period; pro- viding for the treatment or destruction of dogs bitten by a rabid dog; providing for penalties for violations of this Ordinance, and repealing Ordinance No. 1092 and any other ordinances in conflict herewith. WHEREAS, the health and welfare of the inhabitants of the City of Pasco requires a more adequate control of dogs and other animals within the said City, and WHEREAS, improper and/or cruel treatment of animals should be prohibited, now, therefore, THE CITY COUNCIL OF THE CITY OF PASCO, DO ORDAIN AS FOLLOWS: Section 1.0.0 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) "Dog" shall mean and include female, spayed female, male and neutered male dogs. (b) "Cat" shall mean and include female, spayed female, male and neutered male cats. (c) "Animal" shall mean and include female , spayed female, male and neutered male animals., excepting any dog or cat. (d) "Owner" shall mean any person, ' firm or corporation owning, having an ownership interest in, or having control or custody or possession of any dog, cat or animal. (e) "At Large" shall mean off the premises of the owner or keeper of the dog, cat or animal, and not under restraint by leash or chain by a competent person. -1- (f) "Person" shall include any person, partnership, corporation, trust or association of persons. (g) The present tense shall include the past and future tense, and the future the present. Each gender shall include all genders. (h) The singular number shall include the plural, and the plural the singular. (i) Whenever a power is granted to or a duty is imposed upon the Humane Society; poundmaster 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. } (j) "Class One Kennel means any lot, 'premises,. building or structure where three (3) or more dogs or six (6) or more cats over six (6) months of age are kept. (k) "Class Two Kennel" means any lot, premises, building or structure where not more than two (2) dogs .over six (6) months of age are kept. (1) "Identicode" a National identification number for dogs only. (m) "Health Office`r`' shall include'; any person:. designated as such by the Benton -Franklin District Health Office, or any,other person desig- nated as such by the City Council. . .Section 2. 1. 0 HARBORING VICIOUS OR DANGEROUS DOGS: EXCEPT for dogs used by Police or other governmental units, _ It shall be unlawful for any person to keep, harbor or maintain on or off his premises in a manner which may endanger the safety of persons or property lawfully upon his premises, or upon any street, avenue, alley, public or private place within the City, or to allow to run at large within the limits of the City of Pasco any vicious, menacing or dangerous dog or a dog with vicious propensities. Any such animal is hereby declared to be a nuisance and shall be seized and im- pounded in the public pound, and may be summarily disposed of by Court order after due notice. Upon the trial of any person charged with violating this section, the Court, -2- as a part of the qye.nalty imposed, shall determine whether or not said dog is a vicious or dangerous animal .and whether or not said dog'shall be humanely destroyed or- other- wise disposed of. The court shall have the power to so order and the cost thereof shall be taxed as a part of and collected in the same manner as other, costs in the case. Section 2.2.0 DOGS INJURING PRIVATE AND PUBLIC .PROPERTY: It shall be'unlawful for any owner to suffer or permit any dog or other animal to trespass on private or public property so as to damage or destroy any 'property or thing of7 value, or to deposit fecal matter on any property not that of his owner, and the same is hereby declared to be a nuisance and any such'animal may be seized and impounded.. Section 2.3. 0 STRAY DOG OR ANIMAL: Any stray dog or, animal running'at `large within the City,of Pasco is hereby de- clared to be a nuisance, and any such stray dog or animal may be seized and im- pounded. For the purpose of this section, "Stray Dog", "Stray Animal" shall mean and include any dog or animal appearing and remaining in a neighborhood or any public place without an apparent owner or home. Section 2.4.0 DOG CONTROL: No dog, licensed or not, shall be permitted to roam or stray or be off its owner's. premises unless it is at all times under the control of a person. It is the owner's re- sponsibility to do all things reasonably necessary to insure compliance with this sec- tion; that a dog is found away from its owner's premises and not under the control of a person shall be prima facie evidence of a violation of this section. Dog .Leashes Required: 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, control- led 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 may be designated by the City of Pasco as dog training areas and so long as the regulations of the City of Pasco with respect to the use of such areas are complied with, 'and said dogs are under the custody and control of a compe- 3 y a tent trainer. 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 pro- perty, scatter refuse, chase vehicles, or commit any nuisance defined in this orc,.any other ordinandes •of law. Section 3.0.0 APPOINTMENT OF POUNDMASTER AND IMPOUNDING OF DOGS, CATS AND OTHER ANIMALS: The Poundmaster appointed by the Benton -Franklin County Humane Society, a non-profit corporation shall be the City Poundmaster without further action by the City, or if the Society fails to appoint such Poiundmaster, the City Manager may 3-a appoint a Poundmaster, who shall in all cases. have such authority as prescribed by law and the -Ordinances of the City of Pasco. Any dog off the premises of the owner and not under control of some person shall be impounded. No dog shall be impounded if it is on the owner's property. If during the impounding period, the owner telephones or communicates with the Benton -Franklin County Humane Society in any way and refuses to redeem his dog, an officer•of the Society shall issue a violation ticket. Section 3.1.0 NOTICE OF IMPOUNDING: Upon seizing and impounding of any dog, the poundmaster shall give notice of such impounding in substantially 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 Poundmaster, then as soon as reasonably practicable after the dog is impounded, the Poundmaster may 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 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 dog within 24 hours of the time of impounding, then the Poundmaster may send by certified mail, a notice in substantially the following form: -4- NOTICE OF IMPOUNDING Date To Whom it May Concern: o.r. I have this day seized and impounded in.•the City dog shelter at Street, a dog described` as follows: 'Sex Color Breed Approximate Age Other Identification Name of Owner Notice is hereby given that unless said dog is claimed and redeemed on or before O'clock M., on the day of 19 the same will be sold or destroyed as provided by ordinance. Signed Poundmaster (c) If the owner is unknown to the poundmaster and cannot be readily determined by him, the poundmaster may cause to be posted at the Benton -Franklin County Humane Society Shelter by notice in substantially the form prescribed in subsection (b) of this section. (d) If the impounded dog has an "Identicode" 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 poundmaster may notify the district office of the National Dog Record Bureau of the impounding of such dog. Section 3.2.0 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 Poundmaster of any 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 impou'ndings in one calendar year, the impounding fee shall be ten dollars ($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 pound - matter shall execute a receipt in duplicate therefore the originals shall be de- livered to the owner; a copy shall be retained .by. the poundmaster upon which the owner acknowledges delivery of the animal. Section 3.3 .0 REDEMPTION OF CAT OR OTHER ANIMAL: The .:owner of any cat or animal impounded under the provisions of this chapter may redeem, it within forty-eight hours from.the, time of the impounding by paying to the impounding authority 'service charge of three dollars ($3 .00) . If such cat or animal is not redeemed by the owner within forty-eight hours, it may be humanely destroyed or otherwise disposed of within the discretion of the impounding authority; provided, however, any cat:"or animal so impounded estimated by the impounding authority to be less than two months of age, at the discretion of the impounding authority, may be humanely destroyed or otherwise disposed of at any time after impoundage . Section 3.4.0 VIOLATIONS -- ABATEMENT: Any person violating any of the provisions -of the foregoing sections in the keeping or maintenance of any nuisance as hereinabove provided for, by order of the court in such action,, shall be ordered to forthwith abate and remove such nuisance; and if the same is not done by such offender within twenty-four hours, the same shall be abated and removed under the direction of the officer authorized by the 'order of said court, which said order of abatement shall be entered upon the docket of said court and made a part of the judgement in said action. abating. Any such person shall be liable for all costs. and expenses of Section 4.1.0 DISPOSITION OF UNCLAIMED DOGS: If an impounded dog shall not be claimed and redeemed within 48 hours after the giving of.the last notice stated in Section 3.1.0 (a), (b).and (c) of this ordinance, then it may be sold by the poundmaster or humanely destroyed,, except as required in Section 3.1.0 (d) of this ordinance. The poundmaster shall deduct from the proceeds of sale the impounding and boarding fees, the notice =6- expenses, and all other expenses herein provided, and the balance, if any, shall be deposited in the Benton -Franklin County Humane Society general fund. and shall be paid to the owner upon a claim submitted within three months after the sale. No money shall be paid to any claimant except on proof satisfactory to the poundmaster that the claimant is entitled to it and no payment shall be made unless said claim is filed in writing with'the Benton -Franklin County Humane Society within the three month period. 4.2.O9DISPOSITION OF IDENTICODED DOGS: If an impounded dog bearing an "Identicode" number shall not be claimed and redeemed within ten (10). days of the notice stated in Section 3 .1 .0 of this ordinance, then it may be sold by the poundmaster or humanely destroyed as he sees fit. The poundmaster shall deduct from the proceeds of sale.the impounding and boarding fees, the notice expenses, and all other expenses therein provided., and the balance, if any, shall be deposited in the Benton -Franklin County Humane Society general fund!and shall be paid to the' owner upon a claim submitted within three months after the sale..No money shall be paid to any claimant except on proof satisfactory to the poundmaster that the claimant is entitled to it, and no payment shall be made unless said claim is filed in writing with the Benton -Franklin County Humane Society within the three months period. Section 4.3. 0 DESTRUCTION OF ANIMALS: Any dog which is not redeemed by the owner and not sold by the Poundmaster may be destroyed and properly disposed of by the poundmaster. The destruction of all animals shall be done in a' humane manner. The poundmaster shall charge a fee of two dollars ($2.00Y for destroying any animal at the written request of the owner. 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 poundmaster or other police officer at his°discretion may summarily destroy the animal involved., -7- Section 4.4.0 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 officer any animal seized by him in compliance with this ordinance, or in any manner interfere with or hinder such an officer in the discharge of his duties under this ordinance. Section 4.5.0 VIOLATION -- PENALTIES: Every person, firm, or corporation convicted of a violation of sections 2.2.0, 4.4.0, 6.2.0, 8.7.0, 9.2.4 and 11.2.0 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, provided, however, that a violation of Section 2.3 .0 shall not be established except upon the testimony of not less than three witnesses separately -domiciled or steadily employed in the immediate neighborhood, a as to the facts constituting the nuisance. 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 twenty-five dollars ($25.00). All such fine, and costs, shall be paid into the treasury of the City of Pasco. For, any violations 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 5.0.0 LEASH LAW PROCEDURES: Section 5. 1.0 WARNING TICKETS: Any dog owner must receive at least one warning ticket before the Society officer issues a violation ticket. ' The warning tickets .are in triplicate. The first copy is to be given to the dog's owner. The second copy is to be filed in the truck. The third to be returned to the office. Warning tickets issued shall be good the calendar'year only. Section 5.2.0 VIOLATION TICKETS: After the warning ticket has'been issued and the owner of the dog still allows his dog to run, the officer then issues a violation ticket. All Vio14tions -8- tickets shall be cleared through the Benton -Franklin County Humane Society. The third copy of the violation ticket shall be given to the dog owner. The first and second copies shall be returned to the office. The office staff will make necessary arrangements to have one -of the copies delivered to the City of Pasco Police Court. Warning tickets and violation tickets must be given directly to the dog's owner or custodian, or to a person of suitable age and discretion, resident in the household of the owner or custodian. Section 6.0.0 ACCIDENTS: Section 6.1. 0 DUTIES UPON INJURY OR DEATH TO A DOG OR OTHER ANIMAL: It shall be the duty of every person operating or driving a vehicle involved in an accident resulting in an injury or death to a dog,, cat or other animal to re- port the same immediately to Pasco Police Department, by telephone and to report the same in writing, within 24 hours after the occurrence of such accident to the Police Department of the City of Pasco giving the relevant'information concerning the accident; the report to be made on forms provided by the Police Department Section. 6.2.0 ACTS PROHIBITED Every person who shall willfully injure, torture, torment, mutilate, or deprive of the necessary food or water, or who shall overdrive, overload, over- work, 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 'misdemeanor. This section shall not apply to the killing of any animal by a police officer, humane society official, a duly licensed veterinarian., the, owner of such animal or a person authorized by him to destroy such animal; provided, however, that the death of such animal is accomplished in a humane manner and for lawful purpose. Section 6.3. 0 LIABILITY OF COMPANIES AND CORPORATIONS: Any corporation or company who shall violate any provisions. of either of the preceding sections, shall be subject to the provisions of this chapter, and any corporation in regard.to animals transported, owned or used by them, or in their custody, shall be responsible for the knowledge and acts of their agents, servants and employees. The agents, servants and employees shall be respon- sible in their individual capacities. il Section 6.4.0 VENUE: All prosecutions for violations of any of the provisions of this chapter shall be convicted and prosecuted before any court of competent jurisdiction within the limits of the City, authorized to issue warrants in criminal cases, and such magistrate shall have power and jurisdiction over all cases that may arise under this chapter. Section. 7.1.0 DUTIES OF POLICE: It shall be the duty of the Chief of Police and his subordinate in Office, when they shall observe any violations of Sections 6.2. 0 or when they shall be informed when, where and by whom such violations were committed or were -be- ing committed, they shalliproceed at once to arrest such violators of this chapter, and bring them before a court of competent jurisdiction, who shall try the case, and•on conviction impose such fine as in his judgement may be right and proper within the limits of this chapter, such fines to be collected as other fines under existing laws. Section 7.'2.0 WHO MAY PROSECUTE: Any member of the. organization or association known as the Benton - Franklin County Humane Society, may appear and prosecute before said magis- trate, for any violation of this ,chapter, provided that all such prosecutions shall be conducted in the name of the City of Pasco. Section 7.3 .0 COMPLAINT AND WARRANTS: Whenever complaint is made to any court of competent jurisdiction, authorized to issue warrants in criminal cases, that the complaintant believes and has reasonable cause to believe, that the provisions of this chapter have -10- been or are being violated in any particular building or place within the limits of the City of Pasco such magistrate, if satisfied that there is reasonable cause for such belief, shall issue a search warrant, authorizing any sheriff, constable or police officer to search such building or premises at all hours of the day or night, unless otherwise directed by said magistrate. Section 7.4.0 ARRESTS: Any person found violating the provisions of section 6.2.0 may be arrested by any constable or public officer of the City of Pasco and held in the manner provided bylaw for the arrest, of persons accused of crime, and the person mak- ing such arrests, with or without a warrant, shall byireasonable. diligence, bring such persons to a speedy trial. Section 7.5.0 SPECIAL POLICE: The Eresident, Secretary, and General Manager of the Benton=Franklin County ,Humane Society or other agents designated by the Society and duly sworn are. hereby clothed with full police powers to make arrests of parties violating the letter of this chapter, but without pay from the City Treasury for... such service; provided the said officers of the Humane Society are first furnished with suitable Id badge of authority `fornished by the Benton -Franklin Country Humane Society and such powers to be withdrawn from said officer at any time by a vote of the majority of the City Council present at any meeting of the Council. This section does not supercede the provisions of R.C.W. 16.5 2 , State .of Washington. Section 8.1..0 LICENSE REQUIRED: Except as provided in Section 8.6.0 of this ordinance, no owner shall keep or permit any dog of over seven- (7) months of age within the City after January 1, 1968, unless such dog is licensed and a license tag attached as pro- vided in this ordinance. Section 8.2 .0 LICENSE PROCEDURE -- DURATION OF LICENSE -- NOTICE: Licenses shall be issued annually by the Benton -Franklin County Humane Society for the City of Pasco upon payment of the required City license fee after January first of each year and shall be valid until January 31st, inclusive, of the next following year. The City Clerk shall cause to be published in the official -11- newspaper once between January lst and January 15th of each year a notice of the licensing provisions of this ordinance. Section 8.2 .1 LICENSE PROCEDURE -- VACCINATION REQUIRED: No license shall be issued for a dog unless the applicant presents a valid rabies vaccination certificate 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 8.2.2 LICENSE PROCEDURE -- PROOF OF SPAYED FEMALE: As proof that a female has been spayed, the license applicant shall ex- hibit to the licenser a certificate from a licensed veterinarian to that effect. Section 8.2 .3 LICENSE PROCEDURE -- FEES: The following license fees shall be paid to the Benton -Franklin County Humane Society or the City of Pasco upon. application for a dog license: A) Two Dollars ($2.00) for each male dog. B) One Dollar ($1.00) for each, spayed female dog. C) Five Dollars ($5.00) for each'unspayed female dog: except that dogs specially trained to assist blind persons shall be licensed without fee . In addition to the license fee• prescribed by this section, each applicant who applies after January 31st the time when he is required to have the license shall pay a penalty of one dollar_ (($-I, OG)., Section 8.2.4 LICENSE RECEIPTS AND TAGS: The Benton -Franklin County Humane Society shall provide license receipts, in triplicate, numbered consecutively for the City of Pasco and providing, space for the following information: sex, color, breed, identicode number (if any), other identifying .marks (if any), approximate age, date and serial number of vaccination, date of spaying (if female), name and address of owner, date of issuance, and amount of license fee. The Benton -Franklin Humane Society shall provide license tags bearing numbers corresponding with those, on the license receipts and indicating the expira- tion date of such license. The. shape of the tag shall vary from year to year, and they shall be of a suitable size. -12- Section 8.2.5 LICENSE PROCEDURE -- RECEIPTS AND TAGS: Upon the payment ofthelic ense fee and fulfillment of the licensing require- ments, the Benton -Franklin County Humane Society shall execute a receipt in trip- licate for the City of Pasco. The original of the receipt together with a license tag as provided for in Section 8.2 .4 shall be delivered to the applicant. A copy shall be retained by the City and. a copy delivered to the Humane Society. Section 8.2 .6 LICENSE PROCEDURE -- AFFIXING TAGS: The owner shall cause a valid license tag to be permanently affixed to the collar of the dog so licensed in such a position,that it may be easily seen by Humane. Society officers. The owner shall cause the tag to .be worn by such dog at all times. Section 8? 3 .0 DUPLICATE LICENSE TAGS: In the event any license tag is lost, a duplicate shall be issued by the Benton -Franklin County, Humane Society upon presentation of the corresponding receipt and upon payment of a The of fifty -cents ($ .50). Section 8.4.0 LICENSE TAGS NOT TRANSFERABLE: License tags shall not be transferable. No refund shall be made of any dog license fee for any reason. Section 8.5.0 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 Benton -Franklin County Humane Society shall issue Class One Kennel licenses for the City of Pasco upon the payment of ten dollars ($10.00). : 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 Benton -Franklin County Humane So- ciety shall issue Class Two Kennel licenses for the City of Pasco upon payment of six dollars ($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 -13 the Benton -Franklin County Humane Society and a copy delivered to the City of Pasco. Section 8.6.0 KENNELS -- DOG LICENSING AND VACCINATION REQUIREMENTS: Any dog kept in a licensed kennel need not be individually licensed pro- vided 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 (6) months of age kept in that kennel to be vaccinated against rabies in accordance with the provisions of Section 8.2. 1.. Any dog for which evidence of such vaccination cannot be pro- duced shall be impounded. Section 8:7.0 .LICENSES -- UNLAWFUL CONDUCT: It shall be unlawful to counterfeit or alterany 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 8.8.0 IMPOUNDING --UNLICENSED DOGS: After the date prescribed in Section 8.1.0 of this ordinance, the pound - master shall seize and impound promptly any dog found within the City without a Valid license tag as provided for in this ordinance. Section 9.1.0 DOGBITES -- 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 date of the bite. If the dog is impounded and after the 14 days next following the date of the bite no rabies is present or sust)ected, the dog may be released to the owner upon payment of the impounding fees and boarding fees, any license due, and compliance with the rabies vaccina- tion provisions of Section 8.2.1 of this ordinance. If rabies is present or sus- pected by the. Health Officer, the dog shall be destroyed and his head preserved for laboratory confirmation of the diagnosis by the Public Health Officer. If the Health Officer orders a dog impounded at any time during the 14 days next following the date of the bite, the owner of the dog may request said im- pounding to be at a licensed veterinarian's establishment at his own expense. -14- Section 9.2.0 CONTROL OF RABIES AND HYDROPHOBIA: It is declared to be a necessary health measure to prevent the spread of rabies. Section 9:`2.1 HEALTH OFFICER TO QUARANTINE: It shall be the duty of the Health Officer to cause to be quarantined any dog or cat within the City of Pasco which he has grounds to suspect of be- ing infected with, the disease of rabies or hydrophobia. The biting,of a human being by a dog or cat is specifically declared to be a ground for suspecting an animal to be so infected. Section 9.2.2 NOTICE OF QUARANTINE: Any such quarantine shall be initiated by delivering to the owner or keeper of any such animal a written notice of such quarantine which shall pre- scribe the duration of the same provided that the, period of said quarantine shall not exceed 14 days unless it shall be determined that the existence of such disease is present. The delivery of the notice of quarantine to an adult. residing upon the premises where such animal is kept, shall be considered as delivery of the notice to the owner or keeper. Any such animal so quarantined shall be impounded provided that, in the discretion of the Health Officer, said animal may be quarantined upon the premises of the owner or any other person during such time. as the provisions of the quarantine are strictly kept. Section 9.2.3 DUTIES OF OWNER: During the period of any quarantine made under the provisions of this ordinance the owner or keeper of any animals so quarantined shall not allow said animal to come in contact with any other animal or person or permit such animal to run'at large on any street or public place in the City or upon the premises where quarantined unless :said premises be enclosed by a secure. fence, nor shall such owner or keeper remove or cause such animal to be removed from said premises without the consent of the Health Officer. These restrictions shall continue until said animal shall have been released from quarantine. Any animal found running at large as defined herein or which has been removed from the premises upon which quarantined, shall be impounded and unless claimed and redeemed by its -15- owner within two (2) days after the expiration of quarantine period, may be de- stroyed by the. proper authorities. Section 9.2.4 OUTBREAK OF RABIES OR HYDROPHOBIA: Whenever any outbreak of rabies or hydrophobia occurs or, when rabies has been diagnosed or a rabid dog or animal has been present in the City, it shall be unlawful for any owner, keeper, or Handler of any dog to keep or harbor same within the City limits of the City of Pasco after the last publication of the notice provided for in Section 9.2.6. of this ordinance and during the period in said notice prescribed, unless such dog be securely confined at all times by leash or kept -in a tight enclosure from which such dog be securely confined at all times by leash or kept in a tight enclosure from which such dog or dogs cannot escape. Any dog found .running at large in the City of Pasco during said period shall be impounded and unless claimed and redeemed by its owner with two (2) days after such impounding, may be destroyed by the proper authorities. Any health or police officer may destroy any dog found running at large within the limits of the City of Pasco during said period when,. after reasonable effort, he shall be unable to impound said dog or after reasonable investigation shall be unable to locate the owner or,keeper thereof. Section 9::2.5 PASTEUR TREATMENT: Any.dog or cat that has been bitten by a rabid"dog must be given the Pasteur treatment or destroyed, at the option of the owner or keeper, regardless of whether or not the animal has been immunized by the single treatment of anti -rabies vac. - cine, and,. in the event of the Pasteur Treatment be given, said animal must be confined as provided in Section 3 of this ordinance for a period of ninety (90) days after treatment. 4 Section 9.2 .6 OFFICIAL NOTICE: Upon any outbreak of rabies,when rabies has been diagnosed within the City limits or a rabid dog or animal, has been .found present and when., in the judge- ment of the Health Officer, there is imminent danger of the spread of the disease, such officer shall publisha notice to that effect in the official newspaper of the City for three. successive days and for six weeks after the date of the last publica- tion of said notice the provisions of Section 4 shall be applicable, provided that -16- the I-fealth Officer shall have authority, when in his, judgement an extension of said six weeks time is necessary to carry into effect the purpose of this ordinance, to extend said six weeks period for an additional six weeks or' such lesser time as he shall deem necessary by notice given in the manner provided for in thfs section and to further thereafter and in the same manner continue said six weeks or lesser period until in his judgement the said strict quarantine herein provided for shall be unnecessary. Section 10.1.•0 PLACING OF POISON: No person shall intentionally place or expose, or cause to be placed or exposed', in any yard, or lot of vacant or enclosed land, or on aly gallery, fence, doorstep or porch, or in any outhouse., or in any exposed, place or public place, or on any street, alley, or highway, or other place, where the same may be taken internally by any child, person, dog, or cat, or by any domestic animal or fowl, any poisonous substance which if taken. internally may cause death or serious sickness. Section 10 1.1 EXCLUSIONS: 'Users of poisonous substances, sold commercially for home or garden use for destroying rodents and household or garden pests and used for such purposes, shall not be subject to this ordinance. Users of poisonous substances, sold com- mercially as insecticides, fungicides, or barbicides, and used for such purpose in sprays or dust, shall not be subject to this ordinance. Merchants keeping, - displaying, or selling commercial poisonous products approved by the Department of Agrigulture, shall not be subject to this -ordinance. Exterminators, and their materials, duly licensed by the City of Pasco and exterminators, and their materials under the direction and supervision of the United States Public Health 4 Service, or any other Federal, State or Municipal authority or. agency, shall not be subject to the provisions of this ordinance,. when in the performance of such authorized work. Section 11. 1. 0 PERMIT .REQUIRED FOR KEEPING WILD OR VICIOUS ANIMALS OR REPTILES: No person shall have, keep, or maintain, or have in his possession or under his control, within any area of the City of Pasco which is zoned residen- tial any lion, tiger, bear, chimpanzee, gorilla, cougar, mountain lion, badger, -17- wolf, coyote, fox, lynx or any poisonous'reptile or serpent, or any other dan- gerous or carniverous wild animal or reptile; provided, however, that in those areas zoned'other than residential such animals may be permitted on the condi- tion that a permit is obtained from the City Manager or his duly authorized repre- sentative. Such permit shall only'be granted upon showing by the applicant that adequate safeguards have been instituted and will be maintained which will ef- fectively control the dangerous or vicious' propensities of such animal or reptile, eliminating any danger to individuals or property, and provided that the keep- ing or maintaining of any such animal will in no may constitute a nuisance to the occuparits of any surrounding -property.. Section 11 .2.0 ALLOWING WILD OR VICIOUS ANIMALS TO RUN AT LARGE: No person owning or having charge, custody, control, or possession of any animal specified in Section ll .1 .0 shall permit or allow the same to run at large upon any highway, street, lane, alley, court, or any other place, public or private, or within the premises of such person, in such manner as to endanger any person lawfully entering such premises. 'Section 11.3.0 EXCEPTIONS FOR CIRCUSES, ZOOS, AND TRANSPORTA- TION OF WILD ANIMALS: Section 11."1 .0 shall not apply to any person keeping or maintaining or having in his possession or under his control any animal defined in that section when such person is transporting such animal or reptile through the. City of Pasco provided he has taken adequate safeguards to protect the public, and. has noti- fied the Chief of Police of his proposed route of transportation and of the time that such trip is to take place; nor shall' Section 11.1 .0 apply to any person who has custody of such animals or reptiles in connection with the operation of any zoo. or circus or in connection with any program of medical or scientific research, pro- vided such person has taken adequate measures to safeguard persons and property. Section 12.1.0 VALIDITY: It is the intention of the City Council that each separate provision of this ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the City Council that if any provision of this Ordinance is declared invalid,* all other provisions thereof shall remain valid and enforceable. -18- Section 13 . 1. 0 .. REPEALING OF ORDINADC ES: Ordinance No. -1092 hereby repealed, and all ordinances or parts of ordinances in conflict with, or inconsistent with the provisions of this ordin- ance `are hereby repealed, except that this repeal shall not affect or prevent the ,prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordin- ance, and such repeal shall not have the effect of reviving any ordinance hereto- fore repealed. Section 14.1.0 EFFECTIVE DATE: This ordinance shall be in full force and effect five (5) days after its approval, passage and publication in the official newspaper of the City of Pasco, ','Vashing Washington. 19th PASSED BY THE CITY COUNCIL of the City of Pasco on the day December of �il� , , 1967, and signed in authentication of its passage this % cJ day of OfC er,'7 heL 1967. G . E . Carter, Mayor A est: George VEastman, City Clerk Approved as to form: D. Wayne Campbell, City Attorney Date of publication:, c} iii"C-G YL' G <�l�Gf�!'7 �� t?'L.� ^�� r -'i t�• _ -19- ORDINANCE NO. 1299 The title of ORDINANCE NO. 1299 and SECTION 2.4.0 m DOG CONTROL are published herewith to correct a typog�-ca error which occurred in the preparation of Ordinance No. 1299 for publication as required by law. ORDINANCE NO. 1299 AN ORDINANCE RELATING TO DOGS, IMPOUNDING DOGS, DISPOSITION OF DOGS, LICENSING OF DOGS, CRUEL TREATMENT OF ANIMALS, POISONING OF ANIMALS, TO PREVENT THE SPREAD OF DISEASE OF RABIES OR HYDROPHOBIA; PROVIDING.FOR TIME QUARANTINE OF DOGS AND CATS SUSPECTED OF BEING INFECTED WITH SAID DISEASE; PROVIDING FOR A STRICT QUARANTINE OF ALL DOGS IN THE CITY.OF PASCO DURING ANY PERIOD WHEN SAID DISEASE IS PREVALENT IN THE - CITY AND FOR THE IMPOUNDING AND DESTRUCTION OF ANY DOGS FOUND RUNNING AT LARGE DURING SUCH PERIOD; PROVIDING FOR THE TREATMENT OR DESTRUCTION.OF DOGS BITTEN BY A RABID DOG; PROVIDING FOR PENALTIES FOR VIOLATIONS OF THIS ORDINANCE, AND REPEALING ORDINANCE NO. 1092 AND ANY OTHER ORDINANCES -IN CONFLICT HEREWITH. SECTION 2.4.0 DOG CONTROL: No dog, licensed or not, shall be permitted to roam or stray or be off its owner's premises unless it is at all times under the control of a person. It is the owner's responsibility to do.all things reasonably necessary to insure compliance with this section;. that a dog is found away from its owner's premises and not under the control of a person shall be prima facie evidence of a violation of this section. Dog Leashes Required: 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 may be designated by the City of Pasco as dog training areas and so long as the regulations of the City of Pasco with <respect to the.us.e of such areas are complied with, and said dogs are under the custody and control of a competent trainer. No dog shall be permitted tocommit the follow-ing offenses on any premises or property, private or public: bite, or attempt to bite any person, destroy pr&vate property, scatter refuse, chase vehicles, or commit any nuisance defi ne-d in this or a,',y other Ordinances of Taw. I certify. that Section 2,4,0 DOG CONTROL, as published above is Section 284,0 of ORDINANCE*NO> 1299, City of Pasco, as passed by the City Council of the City of*Pasco on the 19th day of December, 19670 GEORGE D. EASTMAN CITY•CLERK