HomeMy WebLinkAbout2324 OrdinanceORDINANCE NO. 2324
AN ORDINANCE relating to animal control and amending
Sections 8.04.010, 8.04.020 and 8.04.320
and enacting Section 8.04.370 of the
Pasco Municipal Code.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section One. Section 8.04.010 of the Pasco Municipal Code is
amended by the addition of definitions for "Vicious animal" and
"Trespasser" and the clarification of the definition of "Animal",
so that said section now reads as follows
8.04.010 DEFINITION AND INTERPRETATION OF
TERMS. As used in this chapter, unless the
context indicates otherwise, the following
words shall have the meanings indicated:
(a) "Animal" means any one of the lower
animals as distinguished from man, and is
not limited to cats and dogs.
(b) 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.
(c) "At large" means 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 in length, when
said leash or chain is held by a person com-
petent to restrain and control the dog off
the owner's premises;
(2) It is properly restrained within a motor
vehicle or housed in a veterinary hospital;
(3) It is 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.
(d) "Cat" means female, neutered female,
male and neutered male cats.
(e) "City pound" and "city animal shelter"
means the humane society shelter.
(f) "Commercial kennel" means any lot,
premises, building or structure where six
or more dogs or six or more cats over six
months of age are kept.
(g) "Competent person" means any person who
by reason of age and physical ability, and/
or training, is capable of maintaining con-
trol of a dog to the extent required by this
chapter.
(h) "Dog" means female, neutered female,
male, and neutered male dogs.
(1) "Health officer" means any person
designated as such by the Benton-Franklin
district health office, or any other person
designated as such by the city council.
(3) "Identicode" means a national identifi-
cation number for dogs only.
(k) "Owner" means any person, group of
persons, firm, association, or corporation
owning, keeping or harboring a dog, cat or
other animal.
(1) "Person" means any person, partnership,
corporation, trust or association of persons.
(m) "Trespasser" means one who enters or
remains on premises in the possession of
another without a privilege to do so, created
by the possessor's consent or otherwise.
(n) "Veterinary hospital" means a public
establishment regularly maintained and oper-
ated by a licensed veterinarian for the
diagnosis and treatment of disease and injuries
of animals.
(o) "Vicious animal" means any animal which
bites any human being or other domestic ani-
mal or which demonstrates menacing behavior
toward human beings or domestic animals,
except that an animal shall not be deemed
vicious if it bites, attacks or menaces a
trespasser or menaces anyone who has tormented
or abused it.
(p) 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 per-
formed by an agent of the officer or by
any person duly authorized unless this
chapter expressly provides otherwise.
(q) All other words and phrases used in
this chapter will have their commonly
accepted meanings. (Ord. 1830 § 1 (part),
1976).
Section Two. Section 8.04.020 of the Pasco Municipal Code
which reads as follows:
8.04.020 HARBORING VICIOUS OR DANGEROUS
ANIMALS. Except for dogs used by police
or other governmental units, it is unlaw-
ful 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 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 deter-
mine whether or not said animal is a vi-
cious or dangerous animal and whether or
not said animal shall be humanely destroyed
or otherwise disposed of. The cost there-
of shall be taxed as part of and collected
in the same manner as other costs of the
case.
Nothing in this chapter shall prohibit a
person from keeping a dog for security
purposes as long as said dog is properly
controlled and/or confined on said person's
premises and the premises are clearly
posted indicating the presence of such
dog, or in said person's vehicle for the
purposes of protection of persons or prop-
erty. Anyone bitten by any dog while en-
gaging in any crime (misdemeanor, gross
misdemeanor, or felony), including but not
limited to trespass, larceny, or assault,
will have no recourse under this chapter
and no proceeding either criminal or civil
will be brought against either the owner
or his dog by the governing agency; pro-
vided, however, that nothing contained in
this section shall restrict or limit any
right of an injured party to bring a civil
suit in an individual capacity. (Ord. 1830
§ 1 (part), 1976).
Is hereby amended to read as follows:
8.04.020 HARBORING WILD, VICIOUS OR DANGEROUS
ANIMALS. (a) No person who, being the owner
or having the care, custody, or control of
any wild, dangerous or vicious animal, shall
keep, harbor or maintain the same on or off
his premises in a manner endangering or
likely to endanger the safety of persons,
property or other animals nor shall he allow
the same to run at large within the city.
(b) Upon the trial of any person charged
with a violation of this section, the court
may determine whether or not the said aminal
should be destroyed, licensed or otherwise
disposed of in accord with the provisions of
this chapter. The court may make such deter-
mination concerning the animal notwithstanding
its finding of guilt or innocense of the per-
son charged.
(c) It shall be a defense to any charge under
this section involving an alleged vicious or
dangerous animal that the person endangered
was committing, was about to commit or had
just committed a trespass or crime and that
the animal's reaction was a natural result
thereof.
Section Three. Section 8.04.320 of the Pasco Municipal Code
which reads as follows:
8.04.320 PERMIT REQUIRED FOR KEEPING WILD
OR VICIOUS ANIMALS OR REPTILES. (a) No
person shall have, keep, or maintain, or
have in his possession or under his control,
within any area of the city which is zoned
residential any lion, tiger, bear, chimpan-
zee, gorilla, cougar, mountain lion, badger,
wolf, coyote, fox, lynx, or poisonous reptile
or serpent, or any other dangerous wild ani-
mal or reptile; provided, however, that in
those areas zoned other than residential such
animals may be permitted on the condition that
a permit is obtained from the city manager or
his duly authorized representative. Such per-
mit 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, elimi-
nating 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 owing or having charge, custody,
control, or possession of any animal specified
in subsection (a) of this section shall permit
or allow the same to run at large upon any
highway, lane, alley, court, or any other place,
public or private, or within the premises of
such person, in such a manner as to endanger
any person lawfully entering such premises.
(c) This section shall not apply to any person
keeping or maintaining or having in his posses-
sion or under his control any animal defined
in subsection (a) of this section when such
person is transporting such animal or reptile
through the city, provided he has taken ade-
quate 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 this
section apply to any person who has custody
of such animals or reptiles in connection with
the operation of any zoo or circus or in con-
nection with any program of medical or scien-
tific research, or humane education, provided
such person has taken adequate measures to
safeguard persons and property. (Ord. 1830
§ 1 (part) 1976).
is hereby amended to read as follows:
8.02.320 PERMIT REQUIRED FOR KEEPING WILD OR
VICIOUS ANIMALS.
(a) No person shall have, keep or maintain any
wild, dangerous or vicious animal without first
obtaining a permit from the pound master. A
permit will only be granted if the applicant
has provided and maintains adequate and effec-
tive safeguards and controls for the animal,
and taken all necessary precautions to insure
ATTE
is, City Clerk
,
that it will not become a nuisance. No permit
shall be issued to any person to keep an animal
in contravention of the rules and regulations
of the Department of Game nor Title 77 of the
Revised Code of Washington. The permit fee
shall be $15.00.
(b) The pound master may require any animal
he finds to be wild, dangerous or vicious to
be licensed under the provisions of this section.
(c) The provisions of this section do not apply
to temporary activities such as circuses nor to
any governmental agency. These provisions are
cumulative with any federal, state or local
regulation.
Section Four. That Section 8.04.370 of the Pasco Municipal
Code be and the same is hereby enacted to read as follows:
8.04.370 CHAPTER NOT INTENDED TO PROTECT ANY
PARTICULAR CLASS OF PERSONS Chapter 8.04
of the Pasco Municipal Code is intended as a
means of animal control in the City of Pasco,
by the City of Pasco, under its police power
authority. This chapter is not Intended to
protect any particular class of person from
any particular injury nor to impose or serve
as a standard of care in any civil action
brought by a private litigant to recover
civil damages.
Section Five. This ordinance shall be in full force and effect
five days from and after its approval, passage and publication as
required by law.
PASSED BY TH ITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,
this /7 day of , 1981, d approved by its
Mayor.
er, Mayor
APPROVED AS TO FORM:
IL I APA.
Greg RA, tello, ity tto ney
APP
AFFIDAVIT OF PUBLICATION
COUNTY OF
Franklin
) ss
STATE OF WASHINGTON
Phyllis Graves ,being first duly sworn on oath deposes
rinip
and says she is the P c alClerk o f the Tn-City Herald,
a daily newspaper That said newspaper is a legal newspaper and has been approved as a
legal newspaper by order of the superior court in the county in which it is published and
it is now and has been for more than six months prior to the date of the publication
hereinafter referred to, published in the English language continually as a daily news-
paper in
County, Franklin
Washington, and is now and during all of said time was printed in an office maintained
at the aforesaid place of publication of said newspaper That the annexed is a true
copy of a legal advertisement
Ord. # 2324
as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a
counatimodoc commencing
,19 al ,and
on the
ending on the day of , 19 , and that said
newspaper was regularly distributed to its subscribers during all of this period
That the full amount of $ 267 . 30 has been paid in full, also at the rate of
40 -t- in0G 6.60 = 267.30
g
Subscribed and sworn to before me this
1 6th day of Dec , 19 81
Notary Public in and for the State of Washington, residing at Pasco
supplement thereof, for a period of
13th
day of
one time
Dec
Ordinance No 2324
An Ordinance relating
I
animal control and amend-
ing Sections 8 04 010, 8 04 020
and 8 04 320 and enacting
Section 804 370 of the Pas-
co Municipal Code
The City Council of the
City of Pasco, Washington,
do ordain as follows
, Section One , Section
804 010 of the Pasco Munic
!POI C ede , Is amended by
the addition of definitions
for Vicious animal and
"Trespasser ' and the cidri-
lication of the definition of
"Animal," so that said sec-
tion now reads as follows
804 010 Definition and In
terpretation of Terms As
used in the chapter, unless
the context indicates other
wise, the following words
shall have the meanings
Indicated
(a) 'Ani mal" means any
One of the lower animals as
glistinguiehed fro m man, and
is not limited to cats ahd
dogs
(b) A dog shall OC
deemed to be "at heel '
during such times as the
I dog is IAN'egnvmaannlie02.;
sto 44mg: gr7roarn dis-
tance
owner or other competent
person having charge of
such dog
, lc) 'At large means off
andnot more than eight
feet In length, when said
leash g r chain is held by a
person comp etent to re-
strain and control the dog
off the owner's premises,
2) It Is properly restrain
ed within a motor vehicle
or housed in a veterinary
hospital,
(3) It is accompanied by
and at heel beside the own-
er or a competent res p on-
s ib le person,
(4) The dog or dogs ore
left unattended on the own-
er's premises, and it or
they shall be so confined,
tied or restrained as to be
unable to range beyond the
owner's premises
(d) "Cat" means female,
neutered female, male and
neutered male cats
(e) City pound' and i
"city animal shelter ' means
the humane society shelter
(f) ' Commercial kennel"
means any lot„ premises,
building or structure where
six or more dogs or six or,
more cats over six months
of age are kept
(g) 'Competent person"
means any person who, by
reason of age and phydical
ability, and/or training, Is
capable of maintaining con-
trol of a dog to the extent
required by this chapter
(n) 'Dog" means female,
neutered female, male, and
neuter ed male daps
(I) 'Dog" means female,
neutered female, male, and
neute r ed male dogs
(1) 'Health officer" means
any person designated as
alaPictlyh tellithB eolgrcne-,F
other person designated as
such by the city souncil
ldenticode" means a
national identification num-
ber for dogs only
(k) "Owner" means any
person, group of persons,
firm, association, or corpo-
ration owning, keeping or
harboring a dog, cat or
Othe r animal
(I) "Person" means any
person, partnership, corpo-
ration, trust or association
of persons
(m) "Trespasser' means
one who enters or remai n s
on premises in the posset
sion of another without a
Privilege to do so, created
by the possessor's consent,
or otherwise
(n) "Veterinary hospital"
a means public estab-
lishment regularly main-
tained and operated by , a
licensed veterinarian for the ,
diagnosis and treatment of ,
disease and iniuries of
animals - Viciou9 anilTtal
means any animal which —
bites- any human being or
other domestic animal Or
which demonstrates menac-
ing behavior totiard hum e ri
beings or domestic animals,
except that an animal shall
n ot be deemed vicious if It
bites, attacks or meancet
trespasser or menaces anti-
one who has tormented or
abused it
(p) Whenever a power Is
granted to, or d duty, is im-
posed upon the humane so-
ciet y , poundmaster or other
public officer, the power
may be exercised or the
duty performed by on agent
o f the officer or by any
person duity authorized un-
less this chapter expressly 1
provides otherwise
, (a) All oth e r words and
Phrases used ' in this chap-
ter will have their com-
(U
mo
ra
nly accepted megnings
11330 (Part),
Section Two Section ,
8 04 020 of the 'Pasco Munic-
ipal Code Which reads as
follows
8 04 020 Harboring Vicious
or Dangerous Animals Ex-
cept for dogs used by po-
lice or other governmental
units, it is unlmeful for any
Person to keep, hdrbor or
maintain on or off his
premises in a manner
which may endanger the
safety of persons, or prop-
erty, or other animals, or ,
to allow to run at large
within the city, any vicious,
menancing or dangerous an-
imal with vicious prop-
ensities Any such animal
shah ,deemed a nuisance
and shall be ,seized and im
Pounded by the impoundin g
authority or enforcement
upon the written cbm-
plaint of three or more
persons oil separately domi-
ciled, and may be summa-
rily disposed of by court
order after due notice
Upon the trial of any per-
son charged with violating
this section, the court, as a
part of the penalty imposed,
shall determine whether or
not said animal is a vicious
dangerous animal and
whether or not said animal
shall be humanely de-
stroyed or otherwise dis-
posed of The cost Thereof
shall be 'lanes es part of
end collected in the sortie
meither as other costs of
'C2 COSO
Nothing in this chapter
shall prohibit a person from
keeping a dog for security
purposes as long as said
dog is properly controlled
and/or confined on said
person's premises and the
premises are clearly posted
ihdicating the presence of
such dog, or in said per-
son's vehicle for the pur-
poses of protection , of
persons or property Any-
one bitten by any dog while
eng a,ging in any crime
(misdemeanor, gross mis-
demeanor, or felony), in-
cluding but n gt limited to
trespbss, larceny, or as
sault, will have no recoUrse
under this cheeter aria no
Proceeding either criminal
or civil will be brought
dgainst either the owner or
his dog by the Goverptrio
agency, provided, however,
that nothing Contained In
°his Election shall restrict or
'Tilt any right of an in-
lured party bring a civil
suit In on Individual COPOC1-
ty (Ord 1830 1 (port),
1976)
Is hereby amended to read
as follows
804 020 Harboring
Vicious or Dangerods Ani-
mals (a) No person who,
being the owner or having
—
animals nor onail ne allow
the same to run at large
within the city
(h) UPort ihe trial of nee
person charged with a vio-
lotion of this section, the
court may determine wheth
er or not the said animal
should be destroyed, II
censed or otherwise cgs i posed of in accord with the
provisions of this chapter
The court may make such '
determination concerning
the animal notwithstanding I
its Wnding of guilt or In n
nocence of the person
charged
(c) It shall be a defense
to any char ge under this
section involving an alleged
vicious or dangerous animal
that the person endangered
was committing, was about
to commit or had lust com-
mitted a trespass or crime
and that the animal's reoc
, tion was a natural result
' thereof
Section Three Section
8 04 320 of the Pasco Munic
ipul Code which reads as
follows
8 04 320 Permit required
tor keeping Wild or Vicious
' maintain, or have in his
1 Animals or Reptiles (a) No
Person shall have, keel), or
possession or under his
control, within any area of
the city which Is zoned
residential any lion, tiger,
bear, chimpanzee, le=
cougar, mountain lion,
er, wolf, coyote, fog, twin,
or poisonous reptile or ser-
pent, or any other dan-
gerous Wild animal or I
reptile, provided, however, J
that in those areas zoned
other than residential such
animals may be permitted
on the condition that a per
mit is obtained from the
city manager or his duly I
authorized representative
Such permit shall only be
granted upon showing by
the applicant that adequate
, safeguards have been in
stituted and will be main
tamed which will effectively
control the dangerous or
vicious propensities of such
animal or reptile, elimi
noting any danger to inch
viduals or property, and
provided tht the keeping or
any maintaining of a such an
imal will in no w ay con
stitute a nuisance to the
occupants of any surround
Ina, property
, (b) No person owing or
having charge, custody,
control, or possession of i
any animal specified in sub- ,1
section (a) of this section ;
shalt permit or allow The i
same to run at large upon 1 any hieeway, lane, alley, 4
court, or any other place, 1
Public or private, or within
the premises of sUch person 1
In such a manner as to en
danger any persoh laWfdlly
entering such premises
(c) This section shall , g ot i
apply to any person keep-
ing or maintaining oe hay
Ince In his possession or
under his control any ani
mai defined In subsection
(a) of this section when
such person is transporting
such animal or reptile
through the city, Provided,
he has token adequate safe-
guards to protect the p ub-lic, and has notified the
humane society of his, pro-
posed route of transporta-
tion and of the time that
such trip is to take place,
nor shall this section apply
tb any person who has cus-
tbdy of such animals or
reptiles In connection with
the operatioh of an y zbo or
circus or In crinnection with
any program of thediedi or scientifi c resea r th, or , hu
mane education, proVided
such person has taken ade-
quate measures to safe
guard , persons and
property (Ord 1030 I
(part) 1976)
Is hereby amended to read
ds follows
8 02 320 Permit Re q uired
for Keeping Wild or Vicious
Animals
(a) No person shall have
keep or maintain any wild,
dangerous or vicious animal
without first obtalhing a
permit from the pound Mas-
ter A permit will only be
granted the applicant has
provided and maintains ade-
quate and effective safe
guards and controls for the
animal, and tak e n oll neces
sant precautions to insure
that , it will not ,become a
nuisance No permit shall be issued to any person to
keep an animal In con
traventibn of the rules and
regulations of the Depart
ment of Game nor, Title 77
of the Revised Code e f
Washington The permit fee
shall, be $iS 00
(b) The pound master
may require any animal he
finds to be wild, dangerous
or vicious to be licensed
under the provisions of this
section
cii
o n
The prov isions ps ,i this
section do not apply to tent,
Porary activities such as
circuses nor to any goverh
mental agency These provi-
sions are cumul a tive with
any federal, state or local
reaulation
Section Four That Seetion
8 04 370 of the Pasco Munic
Icial Code be and, the same
is hereby enacted to read
as folloWs
8 04 370 Chapter not in
tended to protect any pat
ticular class of persons
Chapter 8 04 of the Pasco
Municipal Code Is intended
as a means of animdl con
trol In the City of Pasco,
by the City of Pasco, under
Its police power authorit y ,
This chapter is not Intended
to protect any perticUltir
class of pe r son from any
particular ini e ry ,nor to im-
pose or serve as a stand
Ord of care In any civil
action brought by o private
litigant to recover civil
damages
Section Five This ordi
nonce shall be i n fuil force
a nd effect, five days, from
and after Its ,CiPeroval, pas-
sage arid publication as re-
quired by law
Passed by the City Co u n-ci l , of, the City of Pasco,
Washineton, this 7 day of
December; 1981, and ag-
proved by Its Mayor
-,s- E A Snider,
Mayor
FINANCE DEPARTMENT
(509) 515 3401
Sean 726-3101
P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301
December 8, 1981
Tri City Herald
P 0 Box 2608
Pasco, Washington 99302
Gentlemen
Please publish the attached Ordinances on the following
date
December 13, 1981
Please send two (2) Affidavits of Publication for each
Sincerely yours,
Evelyn Wells
City Clerk
ew