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HomeMy WebLinkAbout4261 Ordinance ORDINANCE NO. Liz62 AN ORDINANCE of the City of Pasco, Washington Amending PMC 8.02.130 "Interference with Officers - Failure to Redeem - Frauds"; Creating a new Section PMC 8.02.135 "Refusal to Redeem"; and Amending PMC 8.02.360 "Penalty Provisions" WHEREAS, it has been determined that appropriate penalties applicable to an owner who failed to redeem an animal as opposed to an individual who interferes with an animal control officer should result in different penalties; and WHEREAS, to implement that more appropriate application of the penalty to the offense, it is necessary to amend those portions of the City's animal code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1. That Section 8.02.130 of the Pasco Municipal Code entitled "Interference with Officers - Failure to Redeem - Frauds" shall be and hereby is amended and shall read as follows: 8.02.130 INTERFERENCE WITH OFFICERS FAILURE TO REDEEM FRAUDS. 1) It is unlawful for any unauthorized person to break open, or attempt to break open, the City animal control shelter, or to take or let out animals there from, or to take or attempt to take from any officer any animal seized by him in compliance with this chapter, or in any manner interfere with or hinder such an officer in the discharge of his duties under this chapter. 32) Any person violating the provisions of this section shall be guilty of a misdemeanor. (Ord. 3326 Sec. 1, 1998.) Section 2. That a new Section 8.02.135 of the Pasco Municipal Code entitled "Refusal to Redeem" shall be and hereby is adopted and shall read as follows: 8.02.135 REFUSAL TO REDEEM. 1) It is unlawful for any person to knowingly refuse to redeem an impounded animal or to obtain an animal from the poundmaster or return it to an owner without first paying all impound fees. Violation of this section shall be guilty of an infraction. 2) Repeated failure to redeem. Any person who knowingly refuses to redeem an impounded animal or to obtain an animal from the poundmaster or return it to an owner without first paying all impound fees, more than two (2) times within a 24-month period, shall be guilty of a misdemeanor. Section 3. That Section 8.02.360 entitled "Penalty Provisions" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 8.02.360 PENALITY PROVISIONS. 1) Any person violating any provision of this chapter, except Sections 8.02.130, 8.02.135 (2), 8.02.170 and 8.02.320, is guilty of an infraction. Unless matters in aggravation warrant a greater civil penalty, each violation shall be subject to a minimum penalty as set forth in Chapter 3.07 of this Code, plus all costs and assessments for the following respective violations: a) First violation within five years. b) Second violation within five years. c) Third violation within five years. d) Four or more violations within five years. 2) Each person is guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this chapter is committed, continued or permitted by any such person and shall be punished accordingly. 3) Court costs shall be assessed in addition to any other fine, penalty, cost or statutory assessment imposed. - -- •- - . -• - .. ._ •- •- - ' -- • =- - (Ord. 3870, 2008; Ord. 3544 Sec. 1, 2002; Ord. 3534 Sec. 1, 2002; Ord. 3326 Sec. 1, 1998.) Section 4. This Ordinance shall take full force and effect five (5) days after its approval, passage, and publication as required by law. PASSED by the City Co cil of the City of Pasco, Washington, and approved as provided by law this day of h Uar7 ,2016. 774760",1,- Matt Watkins, Mayor A TES : APPR VE AS TO FORM: Q 1 e ra L. C ar , City Clerk Leland B. Kerr, City Attorney