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HomeMy WebLinkAbout3227 OrdinanceORDINANCE NO. 3227 AN ORDINANCE, of the City of Pasco, providing for the licensing of potentially dangerous dogs amending Pasco Municipal Code 8 04 010 "Definition and Interpretation of Terms", 8 04 320 "Permit Required" and providing a new Section 8 04 380 "Authority of Pound Master" WHEREAS, recent situations have arisen in which Pasco residents were either threatened by a dog or bitten by a dog and under the present ordinance, such offending animal may only be classified as a "potentially dangerous dog", and WHEREAS, it is determined to be in the best interest of the citizens of the City of Pasco that any animal designated as "potentially dangerous" should be licensed and provisions for a secure enclosure provided, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DO ORDAIN as follows: Section I. That Sub-Section (q) of Section 8 04 010 entitled "Definition and Interpretation of Terms" shall be and hereby is amended and shall read as follows (q) "Proper enclosure of a dangerous dog" means, while on the owners's property, a dangerous dog, potentially dangerous dog, wild or vicious animal shall be securely confined indoors or in a securely enclosed and locked pen or structure, resistant to tunneling, suitable to prevent the entry of young children and designed to prevent the animal from escaping Such pen or structure shall have secure sides not less than five feet high and a secure top and shall also provide adequate protection from the elements for the €leg animal The requirement for a secure top on the enclosure may be waived by the pound master upon showing that it is unnecessary This section shall not apply to guard dogs or watch dogs utilized to secure fully enclosed premises enclosed by a fence or wall not less than five feet high and resistant to tunneling, located within an industrial or commercial zone Section 2. Section 8 04 320 of the Pasco Municipal Code entitled "Permit Required for Keeping Wild or Vicious Animals" shall be and hereby is amended and shall read as follows 8 04 320 "Permit Required" (a ) No person shall have, keep or maintain any dangerous dog, potentially dangerous dog, wild 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 (1 ) A proper enclosure and controls the animal, and has taken all Page - 1 of 3 necessary precautions to ensure that it will not become a nuisance, (2 ) A surety bond issued by a surety insurer qualified under Chapter 42 28 RCW in a form acceptable to the pound master, in the sum of not less that $50,000 dollars, payable to any person injured or damaged by the dangerous dog, potentially dangerous dog, wild or viscous animal, or a policy of liability insurance, as may be available under a home owner's insurance policy, issued by an insurer qualified under Title 48 RCW in the amount of not less than $50,000 dollars insuring the owner for any personal injuries or damages inflicted by the dangerous dog, potentially dangerous dog, wild or vicious animal, (b ) Any dangerous dog, potentially dangerous dog, wild or vicious animal shall be immediately confiscated by the pound master if it is found to be in violation of this section Li Pound Master may shall require any animal he finds to be a dangerous dog, potentially dangerous dog or wild or vicious animal, to be licensed under the provisions of this section (d ) 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 the Revised Code of Washington (e ) The annual permit fee shall be $4-5. $50 dollars fLi 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 regulations Section 3. That is a new section, Chapter 8 04 "Animal Control", entitled 8 04 380 "Authority of Pound Master" shall be adopted and shall read as follows 8 04 380 Authority of Pound Master In addition to any other authority granted to the Pound Master by this chapter, the Pound Master is authorized to _ (a ) Make all necessary rules for the interpretation and implementation of this chapter subject to the prior approval of the City, (b ) Impound dangerous dogs, potentially dangerous dogs, wild or vicious animals or animals otherwise found to be in violation of any of the provisions of this chapter, and (c ) The Pound Master, upon his discretion, or the petition of any person or the City, may conduct investigations and hearings for the following purposes (1 ) To declare the status of an animal as a dangerous dog, potentially dangerous dog, wild or vicious animal, (2 ) To determine the need for a secure top on a proper enclosure for a potentially dangerous dog, (3 ) To determine issues of fact if necessary for the enforcement of the provisions of , Page - 2 of 3 Charles D Kilbury Mayor this chapter The pound master shall issue written fmdmgs of its factual determinations Section 4. This Ordinance shall be m full force and effect five days after its approval, passage and publication as required by law Passed by the City Council of the City of Pasco and approved provided by law this a 1 day of , 1997 ATTEST Cathy Seaman City Clerk Leland B Kerr City Attorney Page - 3 of 3 „telt P 0 BOX 2608 !„ PASCO, WASHINGTON 99302-2608 PHONE (509) 582 1500 LEG R. E TIN 0 INVOICE DATE u 4 /2 11:47 LEGAL N0*850 ACCOUNT N05 "550 TIMES 001 LINES 10 - SOLD TO PASCO. CITY OF LEGALS F.O. BOX 2 .:12 PASCO WA 93:01 T T 217.90 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 vuth payment FFI AVPT WMil&LICA Tllaffl COUNTY OF BENTON SS STATE OF WASHINGTON ECEITVE MAY 05 1997 FINANCE DE irkip T. 0 F. I M BE L' LH_ D , 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 01-kD I NANCE. NO . d 7 AN copy of a W6E5( ) as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, 1 time(s), commencing on ("4 i'27 "7 , and ending on 014/27/.7)7 , and that said newspaper was regulary distributed to its subscribers during all of this period '6;1AL)011V0( — SUBSCRIBED AND SWORN BEFORE ME THIS ,-„q9 apize , aqi Notary public in and for the State of ash- ington, residing at icanammX ,ICI-IL ANII, WA COMMISSION EXPIRES 1)°/16/c)° DAY OF DESCRIPTION #850 ORDINANCE NO . 3227 AN ORDINANCE NO 3227 AN ORDINANCE of the City of Pasco providing for the licensing of potentially dangerous dogs amending Pasco Municipal Code 8 04 010 Definition and In- terpretation of Terms 8 04 320 Permit Required and providing a new Sec- tion 8 04 380 Authority of Pound Master WHEREAS recent sit uations have arisen in which Pasco residents were either threatened by a dog or bitten by a dog and under the present or- dinance such offending animal may only be classi- fied as a potentially dan- gerous dog and WHEREAS it is deter mined to be in the best interest of the citizens of the City of Pasco that any animal designated as po- tentially dangerous should be licensed and provisions for a secure enclosure pro- v id e d N 0 W THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN as follows Section 1 That Sub- Section (q) of Section 8 04 010 entitled Definition and Interpretation of Terms shall be and hereby is amended and shall read as follows (q) Proper enclosure means while on the ow- ners s property a danger- ous dog potentially dan gerous dog wild or vicious animal shall be securely confined indoors or in a securely enclosed and locked pen or structure re- sistant to tunneling suit- able to prevent the entry of young children and de- signed to prevent the ani- mal from escaping Such pen or structure shall have secure sides not less than five feet high and a secure top and shall also provide adequate protection from the elements for the dog animal The requirement for a secure top on the enclosure may be waived by the pound master upon showing that it is unneces- sary This section shall not apply to guard dogs or watch dogs utilized to secure premises enclosed by a fence or wall not less than five feet high and resistant to tunneling located within an industrial or commercial zone Section 2 Section 8 04 320 of the Pasco Mu nicipal Code entitled Per- mit Required for Keeping Wild or Vicious Animals' shall be and hereby is amended and shall read as follows 8 04 320 Permit Required (a ) No person shall have keep or maintain any dan- geroas dog potentially dangerous dog wild or vi- cious animal whhout first obtaining a permit from tho Pound Master A permit will only be granted if tho op plicant has provided and maintains (1) A proper enclosure and controls the animal and has taken all necessary precautions to ensure that it will not become a nui sance (2 ) A surety bond issued by a surety insurer qualified under Chapter 42 28 RCW in a form ac- ceptable to the pound mas- ter in the sum of not less that $50 000 dollars pay- able to any person injured or damaged by the danger- ous dog potentially dan- gerous dog wild or viscous animal or a policy of liabil- ity insurance as may be available under a home owner s insurance policy issued by an insurer qual ified under Title 48 RCW in the amount of not less than $50 000 dollars insuring the owner for any personal injuries or damages in flicted by the dangerous dog potentially dangerous dog wild or vicious animal (b) Any dangerous dog po- tentially dangerous dog wild or vicious animal shall be immediately confiscated by the pound master if it is found to be in violation of this section (c) Pound Master shall re- quire any animal he finds to be a dangerous dog potentially dangerous dog or wild or vicious animal to be licensed under the pro- visions of this section (d) No permit shall be is- sued to any person to keep an animal in contravention of the rules and regulations of the Department of Game nor Title 77 the Revised Code of Washington (e) The annual permit fee shall be $15 $50 dollars (f) The provisions of this section do not apply to temporary activities such as circuses nor to any gov- ernmental agency These provisions are cumulative with any federal state or local regulations Section 3 That is a new section Chapter 8 04 Ani- mal Control entitled 8 04 380 Authority of Pound Master' shall be adopted and shall read as follows 8 04 380 Authority of Pound Master In addition to any other authority granted to the Pound Mas- ter by this chapter the Pound Master is authorized to (a) Make all necessary rules for the interpretation and implementation of this chapter subject to the prior approval of the City (b) Impound dangerous dogs potentially danger- ous dogs wild or vicious animals or animals other wise found to be in viola- tion of any of the provisions of this chapter and (c) The Pound Master upon his discretion or the petition of any person or the City may conduct in- vestigations and hearings for the following purposes (1) To declare the status of an animal as a dangerous dog potentially dangerous dog wild or vicious animal (2) To determine the need for a secure top on a proper enclosure for a po- tentially dangerous dog (3) To determine issues of fact if necessary for the enforcement of the provi sions of this chapter The Pound Master shall issue written findings of its fac- tual determinations Section 4 This Ordinance shall be in full force and ,effect five days after its ap provel passage and pub- lication as required by law Passed by the City Council of the City of Pasco and approved provided by law this 21 day of April 1997 s Charles D Kilbury il \IIPYIE r \ S T s Cathy Seaman City Clerk s- Leland B Kerr City Attorney #850 - 4/27197 1 z1