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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 3 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 7 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