Loading...
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