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HomeMy WebLinkAbout2658 Ordinancet s. ORDINANCE NO. 2658 AN ORDINANCE concerning dangerous and potentially dangerous dogs. WHEREAS, The Washington State Legislature has passed Chapter 94, Laws 1987, an Act relating to dangerous dogs, which Act mandates certain local regulation and practices, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The following new and amended definitions are added to Section 8.04.010 of the Pasco Municipal Code (additions in text are indicated by underlining; deletions by strike-outs): (1) "Potentially Dangerous Dog" means any dog that when unprovoked, (a) inflicts bites on a human or a domestic animal either on public or private property, or (b) chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of humans or domestic animals. (2) "Dangerous Dog" means any dog that according to the records of the appropriate authority, (a) has inflicted severe injury on a human being without provocation on public or private property, (b) has killed a domestic animal without provocation while off the owner's property, or (c) has been previously found to be potentially dangerous and the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals. (3) "Severe Injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. (4) "Proper Enclosure of a Dangerous Dog" means, while on the owner's property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top and shall also provide protection from the elements for the dog. of One Hundred Dollars ($100.00) to register the dangerous dog. The annual renewal of the Certificate of Registration shall be conditioned upon the payment of the annual license fee and annual evidence of a proper enclosure, warning signs, and a surety bond or liability insurance meeting the above requirements. Section 3. A new Section 8.04.027 is added to Chapter 8.04 of the Pasco Municipal Code to read as follows: (1) It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with his vision or respiration but shall prevent it from biting any person or animal. (2) Dogs shall not be declared dangerous if the threat, injury, or damage was substantiated by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has in the past, been observed or reported to have tormented, abused, or assaulting the dog, or was committing or attempting to commit a crime. Section 4. Section 8.04.020 of the Pasco Municipal Code 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, excepting dangerous dogs, but including potentially dangerous dogs, 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 the violation of this Section, the court may determine whether or not the said animal should be destroyed, licensed or otherwise disposed of in accord with the provisions of this Chapter. The court may make such determination concerning the animal notwithstanding its finding of guilt or innocence of the person charged. (c) It shall be defense to any charge under this Section involving an alleged vicious or dangerous (5) "Animal Control Authority" means the Benton-Franklin County Humane Society, a non-profit corporation, which acts under contract with the City of Pasco for enforcement of the animal control laws of this City and the shelter and welfare of animals. (6) "Animal Control Officer" means any individual employed, contracted with, or appointed by the Animal Control Authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals. (7) "Owner" means any person, group of persons, firm, association, corporation, organization,or department possessing, harboring, keeping, having an interest in, or having control or custody, or owning a dog, cat or other animal. Section 2. A new Section 8.04.025 is added to Chapter 8.04 of the Pasco Municipal Code to read as follows: (1) It is unlawful for an owner to have a dangerous dog in the City without a Certificate of Registration issued under this Section. This Section shall not apply to dogs used by law enforcement officials for police work. (2) The Animal Control Authority of the City shall issue a Certificate of Registration to the owner of such animal if the owner presents to the Animal Control Unit sufficient evidence of: (a) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog; (b) A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the Animal Control Authority in the sum of at least Fifty Thousand Dollars ($50,000.00), payable to any person injured by the vicious dog; or (c) A policy of liability insurance, such as home owners insurance, issued by an insurer qualified under Title 48 RCW in the amount of at least Fifty Thousand Dollars ($50,000.00), insuring the owner for any personal injuries inflicted by the dangerous dog; and (3) The owner of the dangerous dog makes payment to the Animal Control Authority an annual license fee, in addition to regular dog licensing fees, in the amount animal or potentially dangerous dog, 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 5. Section 8.040.060 of the Pasco Municipal Code is hereby amended to read as follows: 8.04.060 APPOINTMENT OF POUNDMASTER AND IMPOUNDING OF DOGS, DANGEROUS DOGS, CATS AND OTHER ANIMALS. (1) The poundmaster appointed by the Benton-Franklin County Humane Society, a non-profit corporation, shall be the City poundmaster without any further action by the City. (2) Any animal off the premises of the owner and not under the control of some person, or who is otherwise in violation of this Chapter and subject to impound, shall be impounded. 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. ( 3 ) Any dangerous dog shall be immediately confiscated by the Animal Control Authority if the: (a) dog is not validly registered under Section .025 of this Chapter; (b) the owner does not secure the liability insurance coverage under Section .027 of this Chapter; (c) the dog is not maintained in the proper enclosure; (d) the dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of the responsible person. In addition, the owner shall be guilty of a gross misdemeanor punishable by imprisonment for a maximum term fixed by the court of not more than one (1) year or by a fine in an amount fixed by the court of not more than Five Thousand Dollars (%5,000.00), or by both such imprisonment and fine. Section 6. This ordinance shall take effect five (5) days after passage and publication. PASSED by the City Council and APPROVED by the Mayor this 3 day of August, 1987. W LLS, ity Clerk ATT APPIRDVED AS TO FO )19)011ii dkEG /CUBSTE LO, City Attorney Ql,ri-V1,t1g net -Lila P0 BOX 2608 PASCO, WASHINGTON 99302-2608 (509) 582-1500 LEGAL ADVERTISING INVOICE 1---- nreadable Original 1 1 - .7,0 1"..0j AUG 12 1987 FINANCE DEPT. 2EZ-ME-Fil TOTALS 52. .`:0 DATE — LL ACCOUNT NO DESCRIPTION Cu N _ r=i TIMES 001 LINES _ SOLD TO P. O. E WA NOTICE. This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment AFFIDAVIT OF PUBLICATION COUNTY OF BENTON $S STATE OF WASHINGTON PHYLL IE.'. GETCHELL , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-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 countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a fir dinance No. 1165? as it was printed in the regular and entire issue of the Tn-City Herald itself and not in a supplement thereof, 00J time(s), commencing on , and ending on , and that said newspaper was regulary distributed to its subscribers during all of this period SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF /t-i7 • Notary public in and for the State of Wash- ington, residing at Kennewick COMMISSION EXPIRES NOTICE OF SUMMARY PUBLICATION CITY OF PASCO ORDINANCE NO 2658 AN ORDINANCE con- cerning dangerous and po- tentially dangerous dogs The above Ordinance was passed by the Pasco City Council and approved by tts Mayor on Monday August 3, 1987 at the City Council s regular meeting The Ordinance is in six (6) sections which provides as follows Section 1 This Section contains new or amended definitions for the, terra "potentially dangerous dog" "dangerous dog", I "severe injury" ---"f*OrcSper enclosure of a dangerous dog", "animal control au- thority", "animal control of- ficer" and "owner" Section 2 This Section makes it unlawful for an owner to have a dangerous dog in the City without a certificate of registration and sets forth the require- ments for obtaining a certif- icate, inoluding a $100 license fee Section 3 This Section makes it unlawful for sn owner of a dangerous dog to permit the dog to be out- I side of a proper enclosure unless muzzled and prop- erly restrained The Section further provides an excep- tion to the definition of a dangerous dog under cer- tain specified circum- stances Section 4 This Section amends current Pasco Mu- nicipal Code Section 8 04 020 concerning the harboring of wild, vicious or dangerous enamels, by ex- cepting dangerous dogs from the coverage of the Section but including po- tentially dangerous dogs Section 5 This Section ;sets forth the circum- stances when the City's An- imal Control Authority must immediately confiscate a !dangerous dog and further sets forth the penalties to which an owner of a dan- gerous dog is subject if a dangerous dog is confis- cated under the conditions of this Section to wit one year imprisonment and/or $5,000 00 fine maximum penalties Section 3 This Section provides that the Ordi- nance will take effect five (5) days after its passage and publication The full text of the Ordi- nance will be mailed upon request to the Pasco City Clerk, 412 W Clark, PC Box 293. Pasco Washing- ton 99301 i LEGAL NO 004245 August 7, 1987 August 4, 1987 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Attn: Rochelle Dear Rochelle: Please publish the attached Ordinance(s) on the following date: August 7, 1987 Please send two (2) Affidavits of Publication for each. Sincerely yours, Evelyn Wells City Clerk ew