HomeMy WebLinkAbout1830 Ordinancei
ORDINI-24CE NO. 1830
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; providing for the quar-
antine of dogs and cats suspected of being infected with
said disease; providing for a strict quarantine of all
animals in the City during any period when said disease
is prevalent in the area and for destruction =,' 'of any
animals found running at large during such period;
providing for the treatment or destruction of animals
bitten by a rabid animal; providing for penalties for
violations of this Ordinance; by adding a new Chapter to
Title Eight of the Pasco k4unicipal Code, Chapter 8.04
entitled "Animal Control," and repealing Chapters 8.04-
8.32 Municipal Code and any other ordinance in conflict
herewith.
WHEREAS, it is declared the public policy of the City to
secure and maintain such levels of animal control as will protect
human health and safety, and to the greatest degree practicable.to
prevent injury to property and cruelty to animal life; and
WHEREAS, to this end, it is the purpose of this ordinance
to prevent cruelty to animals, to provide a means of licensing dogs
and commercial kennels, and to control errant animal behavior so
that it shall not become a public nuisance;
follows:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PASCO, as
Section 1: There is hereby added a new Chapter to Title
Eight of the Pasco Municipal Code, Chapter 8.04 entitled "Animal
Control", to -read as follows:
CHAPTER
ANIMAL CONTROL
8.04.010 Definition of Terms. As used in this ordinance, unless the
context indicates otherwise.
(a) "Animal" shall include, but is not limited to dogs and cats.
(b) "Dog" shall mean and include female, neutered female, male, and
neutered male dogs.
(c) "Cat" shall mean and include female, neutered female, male and
neutered male cats.
(d) "Person" shall include any person, partnership, corporation,
trust or association of persons.
(e) "Owner" shall be intended to mean any person, group of persons, firm,
association, or corporation, owning, keeping or harboring a dog, cat
or other animal.
(f) "At Large" shall mean 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:
(1) It is attached to a leash or chain of sufficient strength to
restrain the dog and not more than eight feet (8) in length,
when said leash or chain is held by a person competent to
restrain and control the dog off the owner's premises.
(2) Properly restrained within a motor vehicle or housed in a
veterinary hospital.
(3) Accompanied by and at "heel" beside the owner or a competent
responsible person.
(4) 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.
(g) "Veterinary Hospital" shall be intended to mean a public establishment
regularly maintained and operated by a'licensed veterinarian for the
diagnosis and treatment of disease and injuries of animals. -
(h) "Commercial Kennel" means any lot, premises, building or structure
where six (6) or more dogs or six (6) or more cats over six (6)
months of age are kept.
(i) "City Pound" and "City Animal Shelter" shall mean the Humane Society
Shelter.
2.
CHAPTER
ANIMAL CONTROL
8.04.010 Definition of Terms. As used in this ordinance, unless the
context indicates otherwise.
(a) "Animal" shall include, but is not limited to dogs and cats.
(b) "Dog" shall mean and include female, neutered female, male, and
neutered male dogs.
(c) "Cat" shall mean and include female, neutered female, male and
neutered male cats.
(d) "Person" shall include any person, partnership, corporation,
trust or association of persons.
(e) "Owner" shall be intended to mean any person, group of persons, firm,
association, or corporation, owning, keeping or harboring a dog, cat
or other animal.
(f) "At Large" shall mean 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:
(1) It is attached to a leash or chain of sufficient strength to
restrain the dog and not more than eight feet (8) in length,
when said leash or chain is held by a person competent to
restrain and control the dog off the owner's premises.
(2) Properly restrained within a motor vehicle or housed in a
veterinary hospital.
(3) Accompanied by and at "heel" beside the owner or a competent
responsible person.
(4) 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.
(g) "Veterinary Hospital" shall be intended to mean a public establishment
regularly maintained and operated by a'licensed veterinarian for the
diagnosis and treatment of disease and injuries of animals. -
(h) "Commercial Kennel" means any lot, premises, building or structure
where six (6) or more dogs or six (6) or more cats over six (6)
months of age are kept.
(i) "City Pound" and "City Animal Shelter" shall mean the Humane Society
Shelter.
(j) "Identicode" a National Identification Number for dogs only.
'Health Officer" shall include any person designated as such by the
Benton -Franklin District Health Office, or any other person designated
as such by the City Council.
(1) "Competent person" shall mean any person who, by reason of age and
physical ability, and/or training, is capable of maintaining control
of a dog to the extent required by this ordinance.
(in) "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.
(n) 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.
(o) All other words and phrases used herein will have their commonly accepted
meanings.
8.04..020 Harboring Vicious or Dangerous Animals. 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, or other animals, or to allow
to run at large within the City, any vicious, menacing or dangerous
animal with vicious propensities. Any such animal shall be deemed a
nuisance and shall be seized and impounded by the impounding authority
or enforcement officer upon the written.complaint of three (3) or
more persons all separately domiciled, 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 as a part of the penalty imposed, shall determine whether or
not said animal is a vicious or dangerous animal and whether or not said
animal shall be humanely destroyed or otherwise disposed of. The Court
shall have the power to so order such disposal and the cost thereof
shall be taxed as part of and collected in the same manner as other costs
of the case.
(a) Nothing in this ordinance shall prohibit a person from keeping a dog
for security purposes as long as said dog is properly controlled and
or confined on said persons' premises and the premises are clearly
posted indicating the presence of such dog, or in said persons' vehicle
for the purposes of protection of persons or property. Anyone bitten
3.
(j) "Identicode" a National Identification Number for dogs only.
'Health Officer" shall include any person designated as such by the
Benton -Franklin District Health Office, or any other person designated
as such by the City Council.
(1) "Competent person" shall mean any person who, by reason of age and
physical ability, and/or training, is capable of maintaining control
of a dog to the extent required by this ordinance.
(in) "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.
(n) 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.
(o) All other words and phrases used herein will have their commonly accepted
meanings.
8.04..020 Harboring Vicious or Dangerous Animals. 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, or other animals, or to allow
to run at large within the City, any vicious, menacing or dangerous
animal with vicious propensities. Any such animal shall be deemed a
nuisance and shall be seized and impounded by the impounding authority
or enforcement officer upon the written.complaint of three (3) or
more persons all separately domiciled, 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 as a part of the penalty imposed, shall determine whether or
not said animal is a vicious or dangerous animal and whether or not said
animal shall be humanely destroyed or otherwise disposed of. The Court
shall have the power to so order such disposal and the cost thereof
shall be taxed as part of and collected in the same manner as other costs
of the case.
(a) Nothing in this ordinance shall prohibit a person from keeping a dog
for security purposes as long as said dog is properly controlled and
or confined on said persons' premises and the premises are clearly
posted indicating the presence of such dog, or in said persons' vehicle
for the purposes of protection of persons or property. Anyone bitten
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by any dog while en aging in any crime, (misdemeanor, gross mis-
demeanor, or felony), including but not limited to trespass larceny,
or assault, will have no recourse under this ordinance and no pro-
ceeding either criminal or civil will be brought against either the
owner or his dog by the governing agency; provided, however, that
nothing contained herein shall restrict or limit any right of an
injured party to bring a civil suit in an individual capacity.
8.04-030 Dogs, Cats and Other Animals Injuring Private and Public Property.
It shall be 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, 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 dog, cat or other animal may be seized and impounded.
8.04.040 Stray Dog or Animal. Any stray dog, cat or animal running at large
within the City is hereby declared to be a nuisance, and any such stray dog,
cat, or animal may be seized and impounded. For the purpose of this section,
"Stray Dog," "Stray Animal" shall m -an and include any dog, cat, or animal
appearing or remaining in a neighborhood or any public place without an
apparent home.
8.0 4.050 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 rea-
sonably 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 res-
ponsible person shall be prima facie evidence of a violation of this section.
(a) 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 this City, to roam, run at large 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 being "at heel" or by means of a leash not
exceeding eight (8) feet in length, by the owner or some duly auth-
orized 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
vr5 which are in special areas which may be designated by the City
as dog training areas and so long as tike regulations of the City with
respect to the use of such areas are complied with, and said dogs are
under the custody and control of a competent 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 property, scatter refuse, chase
vehicles, or commit any nuisance defined in this or any other
ordinance of law.
5.
8..-04,060 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.
(a) Any animal off the premises of the owner and not under the control of some
person, or is otherwise in violation of this chapter and subject to impound,
shall be impounded. No licensed 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 animal, an officer of the Society may issue a
violation ticket.
8. 04.070 Notice of Impounding. Upon seizing and impounding of any dog, cat or other
animal, the Poundmaster shall give notice of such impounding in substantially the
following manner:
(a) If the animal is licensed and is wearing a license tag, or if the identity
of the owner is known to, or can readily be determined by the Poundmaster,
then as soon as reasonably practicable after the animal is impounded, the
Poundmaster shall notify the owner by telephone or otherwise that the animal
has been impounded and may be redeemed as 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 animal within 24 hours of the time of
impounding, then the Poundmaster may 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 animal shelter
at Street, an animal described as
follows: Dug Cat Other
Sex Color Breed Approximate
Age Other Identification
Name of Owner
Notice is hereby given that unless said animal is claimed and
redeemed on or before O'Clock M. on the day of
19 the same will be sold or destroyed as
provided by ordinance.
Signed
Poundmaster
01
6.
(c) If the impounded animal has an "Identicode" number and such
animal has not been claimed and redeemed within 48 hours of the
giving, mailing or posting of the first notice as prescribed in
subsection (a) and (b) of this section, then the Poundmaster may
notify the district office of the National Dog Bureau of the
impounding of such animal.
8:04 080 Redemption of Impounded Dogs. Unless this chapter required im-
pounding for a longer period of time, any impounded dog may be redeemed by
the owner or authorized representative of the owner, by payment to the
Poundmaster, an impounding fee of ten ($10.00) dollars and a boarding fee
of three dollars ($3.00) 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 second impoundment in a 12 -month period the impounding
fee shall be fifteen dollars ($15.00) and for the third and subsequent
impoundments in a 12 -month period, the impounding fee shall be twenty-five
dollars ($25.00). If the dog has no valid license tag and one is required,
then the owner shall also obtain a license tag for the current year or a
duplicate tag it accordance with the provisions of this ordinance. If
unlicensed, proof of a current rabies vaccination must be produced or a
five dollar ($5.00) deposit toward such vaccination shall be required.
Upon receiving payment of all fees due, the poundmaster shall
execute a receipt in duplicate therefore; the original shall be delivered to
the owner; upon which the owner shall acknowledge delivery of the animal. A
copy shall be retained by the poundmaster.
8.04.090 Redeption of Cats or Other Animals. The owner or authorized
representative of any cat or aniiiial impounded under the provisions of
this chapter, may redeem it within forty-eight (48) hours from the time of
the impounding by paying to.the impounding authority a service charge of
five dollars ($5.00). 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 (2) months of.age, at the discretion of the
impounding authority, may be humanely destroyed or otherw.ise disposed of at
any time after impounding.
8. 04.100' Dispositipn of Unclaimed Dogs. If an impounded dog shall not be
claimed --nd redeemed within seventy-two (72J hours, then it may be sold by
the Poundmaster or humanely destroyed, at the discretion of the Poundmaster.
8. 04.1 Disposition of Identicod_ed 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 . .070 of this ordinance, then it
may be sold by the Poundmaster or humanely destroyed as he sees fit.
8.04.120 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.
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.
8- 04.130 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 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.
8.04.140 Warning Tickets. The Animal Control Officers may issue a warning
ticket for the first offense of letting an animal be at large. If'a warning
ticket is issued, the warning ticket shall be in duplicate.
The
bfirst
tucopy to
shall be given to the animal's owner, and the second copy
the Animal Control Office.
8.04.150 Violation Tickets. The Animal Control Officer may issue a warning
ticket or a violation ticket to an animal's owner for his first offense in
letting.an animal be at large. If, however, after receiving the violation or
warning ticket, the animal's owner continues to let the animal'be at large,
then the officer shall on all subsequent offenses issue a violation ticket.
All violations tickets shall be cleared through the Animal Control.Authority.
The second copy of the violation ticket shall be given to the
animal's owner. The first and third copies shall be returned to the
office of the Animal Control Authority. The office staff will make the
necessary arrangements to have one copy delivered to the City Police Court.
The "Warning Tickets and Violation Tickets" shall either be given
directly to the animal's owner or custodian, or to a person of suitable age
and discretion, a resident of the household of the owner or custodian.
However, if after making one attempt the Animal Control Officer is unable to
give the ticket to the animal's owner or custodian or person of suitable age
and discretion who is a resident of the household of the owner or custodian,
then the ticket may be served by mailing a certified mail, return receipt
requested, to the animal's owner or custodian at the address appearing on the
of tickets
three (3)
license form. Service 1edabletter, returnreceiptrequested.
days after mailing of said cert
8. 04.160 Confinement
(a) Every female dog or cat in heat shall be kept confined to the
owner's property or in a veterinary hospital or boarding kennel so
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8.04.120 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.
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.
8- 04.130 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 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.
8.04.140 Warning Tickets. The Animal Control Officers may issue a warning
ticket for the first offense of letting an animal be at large. If'a warning
ticket is issued, the warning ticket shall be in duplicate.
The
bfirst
tucopy to
shall be given to the animal's owner, and the second copy
the Animal Control Office.
8.04.150 Violation Tickets. The Animal Control Officer may issue a warning
ticket or a violation ticket to an animal's owner for his first offense in
letting.an animal be at large. If, however, after receiving the violation or
warning ticket, the animal's owner continues to let the animal'be at large,
then the officer shall on all subsequent offenses issue a violation ticket.
All violations tickets shall be cleared through the Animal Control.Authority.
The second copy of the violation ticket shall be given to the
animal's owner. The first and third copies shall be returned to the
office of the Animal Control Authority. The office staff will make the
necessary arrangements to have one copy delivered to the City Police Court.
The "Warning Tickets and Violation Tickets" shall either be given
directly to the animal's owner or custodian, or to a person of suitable age
and discretion, a resident of the household of the owner or custodian.
However, if after making one attempt the Animal Control Officer is unable to
give the ticket to the animal's owner or custodian or person of suitable age
and discretion who is a resident of the household of the owner or custodian,
then the ticket may be served by mailing a certified mail, return receipt
requested, to the animal's owner or custodian at the address appearing on the
of tickets
three (3)
license form. Service 1edabletter, returnreceiptrequested.
days after mailing of said cert
8. 04.160 Confinement
(a) Every female dog or cat in heat shall be kept confined to the
owner's property or in a veterinary hospital or boarding kennel so
that such female dog or cat cannot come in contact with other
animals except for intentional breeding purposes.
(b) Dogs or cats kept outdoors for more than six (6) hours at one
time must be provided with a moisture -proof and wind -proof shelter of a
size which allows the animal to turn around freely and to easily sit,
stand and lie in a normal position and to keep the animal clean,
dry and comfortable.
8.04.170 Acts Prohibited.
(a) Any person except the owner of a dog or his authorized agent who
willfully opens any door or gate on any private premises or unleashes any
dog for the purpose of enticing or enabling any dog to leave such
private premises and be at large in this ordinance, shall be guilty of a
misdemeanor and punishable as provided in -this ordinance.
(b) Any person who willfully molests, provokes or mistreats any animal
while confined on its owner's premises shall be guilty of a misdemeanor
and punishable as provided in this ordinance.
(c) Every person who shall willfully innure, torture, torment, mutilate,
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, over-
worked, 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.
(d) If any person maliciously kill, maim or disfugure any horse, cattle, or
domestic animal or dog of another, 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 shall 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 of
omission herein contemplated be committed either maliciously, willfully,
or negligently, and if any person shall knowingly permit such act or
omission or shall cause or procure the same to be done, he 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 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.
8.
that such female dog or cat cannot come in contact with other
animals except for intentional breeding purposes.
(b) Dogs or cats kept outdoors for more than six (6) hours at one
time must be provided with a moisture -proof and wind -proof shelter of a
size which allows the animal to turn around freely and to easily sit,
stand and lie in a normal position and to keep the animal clean,
dry and comfortable.
8.04.170 Acts Prohibited.
(a) Any person except the owner of a dog or his authorized agent who
willfully opens any door or gate on any private premises or unleashes any
dog for the purpose of enticing or enabling any dog to leave such
private premises and be at large in this ordinance, shall be guilty of a
misdemeanor and punishable as provided in -this ordinance.
(b) Any person who willfully molests, provokes or mistreats any animal
while confined on its owner's premises shall be guilty of a misdemeanor
and punishable as provided in this ordinance.
(c) Every person who shall willfully innure, torture, torment, mutilate,
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, over-
worked, 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.
(d) If any person maliciously kill, maim or disfugure any horse, cattle, or
domestic animal or dog of another, 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 shall 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 of
omission herein contemplated be committed either maliciously, willfully,
or negligently, and if any person shall knowingly permit such act or
omission or shall cause or procure the same to be done, he 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 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.
9 ..
(e) 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 another.
(f) Every person, firm, or corporation convicted of a violation.of
this section shall be punished by a fine not to exceed three
hundred dollars ($300.00) or by imprisonment for not more than thirty
(30) days, or by both such fine and imprisonment.
8. 04.180 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 report the same immediately to the Police Division, by telephone
and to report the same in writing, within 24 hours after the occurence
of such accident to the Police Division giving the relevant information
concerning the accident, the report to be made on forms provided by the
Police Division.
8.04.190 License Required. Except as provided in Section 8.04.260 of
this ordinance, no owner shall keep or permit any dog over seven (7) months
of age within the City, unless such dog is licensed and a license tag
attached as provided in this chapter.
(a) Licenses shall be issued annually by the Benton -Franklin County
Humane Society for the.City, upon payment of the required City license
fee after January first of each .year and shall be valid until the last
day of February of the next following year. The Benton -Franklin
County Humane Society shall cause to be published in the official news-
paper and announced by all local radio stations, once each year, a
notice of the licensing provisions of this chapter.
(b) Before a license is issued for any dog, the owner must present
evidence that the.dog has been vaccinated against rabies. Such
evidence shall be a certificate of vaccination signed by a licensed
veterinarian, and the certificate shall show that the vaccination
does not expire within six (6) months from the effective date of the
dog license.
(c) As proof that a dog has been neutered (spayed or castrated) the
license applicant shall exhibit to the -licenser, a certificate from
a licensed veterinarian to that effect.
(d) The following license fees shall be paid to the Benton -Franklin
County Humane Society or the City upon application for a dog license:
(1) $7.50 for each neutered male or neutered female dog.
(2) $9.00 for each female or male dog not neutered or castrated.
10.
except that dogs trained,to assist blind persons shall be licensed
without fee; provided, that there shall be allowed an exclusion for
the poor and infirm as follows:
Poor and Infirm: A license fee of 50� shall be charged to a
head of a household, over 65 years of age, provided only
one (1) dog is owned in the household or dwelling unit,
and an affidavit.of indigency has been filed with the
director of finance department.
(e) In addition to the license fee prescribed by this section, each
applicant who applies after the last day of February, the time when
he is required to have the license, shall pay a penalty of four dollars.
(f) The license fees shall not apply to dogs owned by non-residents
temporarily within the City for a period of not more than
thirty (30) days, but shall apply to the dogs of owners
becoming a resident of the City within thirty (30) days after
establishing such residence.
(g) Any dog becoming seven (7) months of age after the last day of February,
shall be licensed and registered and the license fee paid thereon.
8.04.200 License Receipts and Tags. The Benton -Franklin County Humane
Society shall provide license receipts, in triplicate, numbered consecutively
for the City and providing"space for the following information: Sex, color,
breed, identicode number (if any), other identifying marks (if any) approxi-
mate age, date and serial number of vaccination, name and address of owner,
date of issuance, and amount of license fee.
The Benton -Franklin County Humane Society shall provide license
tags bearing numbers corresponding with those of the license receipts and
indicating the expiration date of such license. The shape of the tag
shall vary from year to year, and they shall be of a suitable size.
8- 04-210 License Procedures, Receipts and Tags. Upon the payment of the
license fee and fulfillment of the licensing requirements, the Benton -
Franklin County Humane Society shall execute a receipt in triplicate for
the.City. The original of the receipt together with a license tag as
provided for in this ordinance, shall be delivered to the applicant. A
copy shall be retained by the City and a copy delivered to the Humane
So.ci ety.
8.04.220 License Procedure - Affixing Tags. The owner shall cause a valid
license tag to be permanently affixed to the collar of the dog so that
license is 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.
8.04.230 Duplicate L
a duplicate shall be
upon presentation of
of fifty cents (50¢).
icense Tags.. In the event any license tag is lost,
issued by the Benton -Franklin County Humane Society
the corresponding receipt and upon payment of 'a fee
8.04.24.0 License Tags not Transferable. License tags shall not be transferable.
No refund shall be made of any dog license fee for any reason.
8.04.250 Kennel Licensinq Provisions - Commercial Kennels.
(a) "Commercial Kennel" - No person, firm, or corporation shall maintain
a Commercial 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 Commercial Kennel licenses for the
City, upon the payment of fifty dollars ($50.00). 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.
(b) "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 Benton -Franklin County Humane Society and a copy
delivered to the City.
8.04.260 Kennels - 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 (6) months of age
kept in that kennel to be vaccinated against rabies. Any dog for which evidence
of such vaccination cannot be produced, shall be impounded.
8.04.270 Unlawful Conduct. It shall be unlawful to counterfeit or alter any
licenses, 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.
8.04.280 Unlicensed Dogs. On or after March 1, the Benton-Franklin.County
Humane Society shall undertake a survey of all residents in the City to
locate and address themselves to every owner of unlicensed dogs.
Every legal means will be used to bring recalcitrant owners into
compliance. The canvassers will be given the authority to sell licenses
and collect the four dollar ($4.00) penalty.
12.
8.04.290..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 date of the bite. If the dog is impounded and after 14
days next following the date of the bite no rabies is present or suspe.cted,.
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
vaccination provisions of this ordinance. If rabies is presented or suspected
by the Health Officer, the dog shall be destroyed and the 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 impounding to be at a licensed veterinarian's establishment
at his own expense.
8.04.300 Health Officer to Quarantine. It is declared to be a necessary
health measure to prevent the spread of rabies.
It shall be the duty of the Health Officer to cause to be quarantined
any dog or cat within the City, which he has grounds to suspect of being
infected with the disease of rabies. The biting of a human being by
a dog or cat is specifically declared to be grounds for suspecting air animal
to be so infected.
8. 04.310 Notice of Quarantine.
(a) 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
prescribe 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.
(b) During the p.eriod of any quarantine made under the provisions of this
ordinance the owner or keeper of any animals to 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 owner within two (2) days after the expiration of quarantine
period, may be destroyed .by the proper authorities.
(c) Whenever any outbreak of rabies occurs or when rabies has been
13.
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 the same within the City limits of the City of
Pasco_-af after the last publication of the notice provided for in
Section 8.04.310(e) of this ordinance and during the period in said
notice prescribed, unless such dog or animal be securely confined at
all times by leash or kept in a tight enclosure from which such animal
be securely confined at all times by leash or tight enclosure from
which such dog or animal cannot escape. Any dog found running at
large in the City during said period shall be impounded and
unless claimed and redeemed by its owner within 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 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.
(d) 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 anit-rabies vaccine, and in the event of the
Pasteur Treatment being given, said animal must be confined as
provided in Section 8.04.300 of this ordinance=fora period ofriine'ty
(90)? days-•afte`r`Erea`tnent.
(e) 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 judgment of the Health Officer, there is imminent
danger of the spread of.the disease, such officer shall publish a
notice to that effect in the official newspaper of the City for
three successive days and for six weeks after the last publication
of said notice the provisions of Section 8.04.120 shall be applicable,
provided that the Health Officer shall have authority, when in his
judgment 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 this
section and to further thereafter and in the same manner continue said
six weeks or lesser period until in his judgment, the said strict quaran-
tine herein provided for shall be unnecessary.
f
8.04,320 Permit Required For Keeping gild or Vicious Animals or Reptiles.
a No person shall have, keep, or maintain, or have in his possession or
1 under his control, within any areas of the City which is zoned
residential any lion, tiger, bear, chimpanzee, gorilla, cougar, mountain
lion, badger, wolf, coyote, fox, lynx, or poisonous reptile or serpent,
or any other dangerous wild animal or reptile; provided, however, that
in those areas zoned other than residential such animals
14.
may be permitted on the condition that a permit is obtained
from the City Manager or his duly authorized representative. Such
permit shall only be granted upon showing by the applicant that
adequate safeguards have been instituted and will be maintained
which will effectively control the dangerous or vicious propensities
of such animal or reptile, eliminating any danger to individuals or
property, and provided that the keeping or maintaining of any such animal
will in no way constitute a nuisance to the occupants of any surrounding
property.
(b) .No person owning or having charge, custody, control, or possession of the
animal specified in Section 8.04.320 shall permit or allow the same
to run at large upon any highway, lane, alley, -court, -or any other place,
� in such
manprivate, within
ner as toendanger endanger -any lawfully entering remises of such psuch npremises.
a
(c) Section8.04.320 shall not amply 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, provided he has taken adequate safeguards to protect
the public, and has notified the Humane Society of his proposed route
of transportation and of the time that such trip is to take place;
nor shall Section 8.04.320 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 researci-
or humane education, provided such person has taken adequate measures
to safeguard persons and property.
8.04.330_ 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.
8.04,340 Animals _Distu_r_bing_the Peace. It shall be unlawful for any person
oTing or harboring an animal to allow or permit such animal to cause serious
or habitual disturbance or annoyance by frequent or habitual imwling, yelping,
barking.or otnerwise noisesome conduct) which shall annoy, injure or endanger
safety, health, comfort or repose of a considerable number of persons.
8-.04.350 Resironsibility of_04ner. Nothing contained in this ordinance shall
relieve the owner or owners of any animal from responsibility for any damage
committed by such animal, .as provided by the law and sections of this ordinanc
8.04.360 Prnalty Provision. "Violation of any provision of this chapter
except Section 8.04.170 snail constitute a misdemeanor punishable by a
maximum fine of three hundred dollars ($300.00).
15.
Section 2: Prior Chapters 8.04-8.32 of the Pasco Municipal
Code are hereby repealed, and all ordinances or parts of
ordinances in conflict with, or inconsistent with, the provisions
of this ordinance are hereby repealed, except that this repeal
shall not affect or prevent the prosecution or punishment of any
persons for any act done or committed in violation of any
ordinance hereby repealed prior to taking effect of this ordinance,
and such repeal shall not have the effect or reviving any ordinance
heretofore repealed.
Section 3: This ordinance shall become effective after
its passage and publication in the official newspaper of the City.
PASSED by the City Council of Pasco at a regular meeting
on the 21 day of
December
197 6
J
r"
Jan T' ck
six>�wcX'Qi ' tXx)c-kXx -kx
Evelyn Wells, peputy City Clerk
APPROVED:
Patrick T. Roach, Ci y Attorney