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HomeMy WebLinkAbout3326 OrdinanceORDINANCE NO. 33o AN ORDINANCE of the City of Pasco, Washington repealing Chapter 8.04 entitled "Animal Control" and enacting Chapter 8.02 entitled "Animal Control" WHEREAS, the three cities of Pasco, Kennewick, and Richland, Washington, have pursuant to an Interlocal Cooperation Agreement established the Tri City Animal Control Authority for purpose of providing him on a shared basis, an effective and constituent method of animal control, and WHEREAS, it has been determined by the City Council that similar animal control ordinances provided for a more efficient and effective administration of animal control services, now, therefore, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1 Repeal That Chapter 8 04 entitled "Animal Control" shall be and hereby is repealed in its entirety Section 2 That a new chapter be added to the Pasco Municipal Code designated as Chapter 8 02 entitled "Animal Control" shall be and is hereby adopted and shall read as follows SECTION 8 02 010 Definition of Terms 8 02 030 Animals Injuring Property Unlawfiil 8 02 040 Stray Animal a Nuisance 8 02 050 Dog Control 8 02 060 Impounding of Animals 8 02 070 Notice of Impounding 8 02 080 Redemption of Impounded Animals 8 02 100 Disposition of Unclaimed Animals 8 02 120 Destruction of Animals 8 02 130 Interference with Officers - Failure to Redeem - Frauds 8 02 140 Warning Tickets 8 02 150 Violation Tickets 8 02 160 Confinement 8 02 170 Crimes Against Animals 8 02 180 Duties Upon Injury or Death of Animal 8 02 190 License - Dogs, Required 8 02 191 License - Cats, Optional Animal Control Ordinance - 1 8 02 200 License - Receipts and Tags 8 02 210 License Procedures - Receipts and Tags 8 02 220 License Procedures - Affixing Tags 8 02 240 License Tags Not Transferable 8 02 250 Kennels - Licensing Provision - Commercial Kennels 8 02 260 Kennels - Dog Licensing and Vaccination Requirements 8 02 270 Altering, Counterfeiting or Transfer of Tags Unlawful 8 02 280 Unlicensed Dogs - Annual Survey 8 02 290 Dog Bites - Impounding 8 02 300 Health Officer to Quarantine 8 02 310 Notice of Quarantine 8 02 320 Wild, Potentially Dangerous, or Dangerous Animal 8 02 330 Severability 8 02 340 Animals Disturbing the Peace 8 02 350 Responsibility of Owner 8 02 360 Penalty Provisions 8 02 365 License Fees 8 02 370 Voucher for Neutering 8.02.010: Definition of Terms: As used in this chapter, unless the context indicates otherwise (1) "Animal" included but is not limited to dogs and cats (2) "Animal Control Authority" or "Poundmaster" or "Chief Animal Control Officer" means the person, entity, association or corporation, appointed or authonzed by the City for enforcement of the animal control laws, shelter and welfare of animals within the City of Pasco (3) "Animal Control Officer" means any individual, employed, contracted with, or appointed by the Animal Control Authonty for the purpose of aiding in the enforcement of this chapter or any other laws or ordinances relating to the licensing of animals, control of animals, or seizure and impoundment of animals, includes any law enforcement officer or other employee of the City whose duties m whole or in part include assignments that involve the seizure and impoundment of any animal (4) "At Heel" 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 (5) "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 (a) 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 competent to restrain and control the dog off the owner's premises, (b) It is properly restrained within a motor vehicle or housed in a vetennary hospital, (c) It is accompanied by and "at heel" beside the owner or a competent responsible person, (d) 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 (6) "Cat" means and includes female, neutered female, male and neutered male cats (7 ) "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 Animal Control Ordinance -2 (8) "Competent Person" means any person who, by reason of age and physical ability, and trairung, is capable of maintaining control of an animal to the extent required by this chapter (9) "Dangerous Animal" means any animal that (a) has inflicted severe injury on a human being without provocation, (b) has killed a domestic animal without provocation, or (c) has been previously found to be potentially dangerous, the owner having received notice of such and the animal again aggressively bites, attacks, or endangers the safety of humans or domestic animals (10) "Dog" means and includes female, neutered female, male and neutered male dogs (11) "Health Officer" includes any person designated as such by the Benton-Franklin distnct health office, or any other person designated as such by the city council (12) "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal If the owner of the animal is a juvenile, a parent or other custodian of such juvenile shall for the purposes of this chapter, be treated as the owner of the animal (13) "Person" includes any person, partnership, corporation, trust or association of persons (14) "Potentially Dangerous Animal" means any animal that when unprovoked (a) inflicts injury on a human or a domestic animal, 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 (c) has a known propensity, tendency, or disposition to attack, or to cause injury or otherwise to threaten the safety of humans or domestic animals (15) "Proper Enclosure" means, while on the owner's property, a dangerous, potentially dangerous or wild 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 provide protection from the elements for the animal The requirement for a secure top on the enclosure may be waived by the poundmaster upon showing that it is unnecessary 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 (16) "Severe Injury" means any physical injury that results in death, broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery (17) "Veterinary Hospital" means a public estabhshment regularly maintained and operated by a licensed veterinarian for the diagnosis and treatment of disease and injuries of animals (18) "Wild Animal" means any (a) non-human primate, (b) wild cat including any lion, tiger, cougar, mountain lion, lynx or bobcat, (c) bear, (d) wolf, coyote, fox or its hybrid, except for the domestic dogs, (e) venomous reptile or amphibians, (f) reticulated python, Burmese python or any other snake which may reach 10 feet or more in length, (g) alligator, crocodile or caiman, or (h) any other animal which is capable of killing or seriously injuring a human being Whenever a type or breed of animal is described in this chapter, it includes any hybrid, cross breed or mixed breed of such animal to any degree that the type or breed can be identified by either the animal's appearance, behavior or pedigree Whenever a power is granted to, or a duty is imposed upon the poundmaster or Chief Animal Control Officer or other public officer, the power may be exercised or the duty performed by an agent of the officer or by any person duly authorized unless this chapter expressly provides otherwise All other words and phrases used in this chapter will have their commonly accepted meanings Animal Control Ordinance -3 8.02.030: Animals Injuring Property Unlawful: It is unlawful for any owner to suffer or permit any dog, cat or other animal to trespass on private or public property so as to damage or destroy any property or thing of value, or to deposit fecal matter on any property not that of his owner, and the same is declared to be a nuisance and any such dog, cat or other animal may be seized and impounded 8.02.040: Stray Animal a Nuisance: Any stray dog, cat or animal running at large within the City is declared to be a nuisance, and any such stray dog, cat or animal may be seized and impounded For the purpose of this section, "stray dog" or "stray animal" means and includes any dog, cat or animal appearing or remaining in a neighborhood or any public place without an apparent home 8.02.050: Dog Control: (1) No dog, licensed or not, shall be permitted to roam or stray or be off its owner's premises unless it is at all times under the control of a person It is the owner's responsibility to do all thmgs reasonably necessary to ensure compliance with this section, that a dog is found away from its owner's premises and not under the control of a responsible person shall be prima facie evidence of a violation of this section (2) Dog Leashes Required It is unlawful for any owner to cause, permit or allow any dog owned, harbored, controlled or kept by him, m this City, to roam, run at large or stray away from the premises where the same is owned, harbored, controlled or kept, except that while away from said premises, such dog shall at all times be controlled by being "at heel," or by means of a leash not exceeding eight feet m length, by the owner or some duly authorized and competent person, provided, however, that such leash or chain is not required for any dog when otherwise safely and securely confined or completely controlled while in or upon any vehicle This section shall not apply to dogs which are in special areas which may be designated by the City as dog training areas and so long as the regulations of the City with respect to the use of such areas are complied with, and said dogs are under the custody and control of a competent trainer (3) No dog shall be permitted to commit the following offenses on any premises or property, private or public bite, or attempt to bite any person, destroy private property, scatter refuse, chase vehicles, or commit any nuisance defined in this chapter or any other ordinance or law 8.02.060: Impounding of Animals: Any animal off the premises of the owner and not under the control of some person, or is otherwise in violation of this chapter and subject to impound, shall be impounded No licensed animal shall be impounded if it is properly confined on the owner's property 8.02.070: Notice of Impounding. Upon seizing and impounding of any dog, cat or other animal, the poundmaster shall give notice of such impounding in substantially the following manner (1) If the animal is licensed and is wearing a license tag, or if the identity of the owner is known to or can readily be determined by the poundmaster, then, as soon as reasonably practicable after the animal is impounded, the poundmaster shall notify the owner by telephone or otherwise that the animal has been impounded and may be redeemed as provided in this chapter (2) If the owner is known to the poundmaster, but cannot be notified under the provisions of subsection (1) of this section, or if the owner is so notified and does not appear to redeem his animal within twenty-four hours of the time of impounding, then the poundmaster may send, by certified and regular mail, a notice in substantially the following form Animal Control Ordinance -4 "NOTICE OF IMPOUNDING _ DATE To Whom It May Concern I have this day seized and impounded in the City animal shelter at Street, an animal described as follows Dog 0 Cat () Other () Sex Color Breed Approximate Age Other Identification Name of Owner Notice is hereby given that unless said animal is claimed and redeemed on or before o'clock M on the day of , 19 , the same will be sold, adopted or destroyed as provided by ordinance Signed Poundmaster" (3) If the owner can not be readily identified, then the poundmaster shall post notice at the animal control agency in a conspicuous location Notice shall state the descnptton of the animal and location where the animal was found 8.02.080: Redemption of Impounded Animal: (1) Unless this chapter requires impounding for a longer penod of time, any impounded animal may be redeemed by the owner, or authonzed representative of the owner, by payment to the poundmaster of an impounding fee of thirty-five dollars ($35 00) and a boarding fee of ten dollars ($10 00) for each calendar day, or part thereof, the animal has been confined, including the day on which the animal is first impounded, except for a second impoundment within a twelve month period, the impounding fee shall be fifty dollars ($50 00), for the third and subsequent impoundments during a twelve month penod, the impounding fee shall be one hundred dollars ($100 00) If the animal has no valid license tag and one is required, the owner shall also obtain a license tag for the current year or duplicate tag in accordance with the provisions of this chapter If unlicensed, proof of a current rabies vaccination must be produced or the license shall be held until such proof is presented If proof is not presented within ten days, it shall be another separate violation of this chapter for each day over ten days that proof is not presented (2) Upon receiving payment of all fees due, the poundmaster shall execute a receipt in duplicate therefor, and one shall be delivered to the owner, upon which the owner shall acknowledge delivery of the animal and one shall be retained by the poundmaster (3) If the animal has been declared wild, potentially dangerous or dangerous, the owner must also obtain a permit in accordance with 8 02 320 before such animal can be redeemed by the owner 8.02.100: Disposition of Unclaimed Animals: If (a) an unlicensed cat or cat whose owner cannot be identified by means of an identicode or other identification implant, is not claimed and redeemed Animal Control Ordinance -5 by its owner within 24 hours, or (b) a cat or other animal that is licensed or its owner is identifiable by means of an identicode or other informational implant is not claimed and redeemed by its owner within 72 hours, the poundmaster, at his discretion, may place the animal up for adoption, sell the animal or humanely destroy the animal For purposes of determining whether the 72 hours has expired, the following methods shall be used (a) if the owner is notified by telephone, time begins when telephone contact was made with the owner by the poundmaster, (b) if the owner is mailed notice by certified and regular mail, time begins when the notice was mailed, and, (c) if notice was posted because the owner of the animal could not be readily determined by the poundmaster, time begins when the poundmaster posted the notice at the animal control agency in a conspicuous location 8.02.120: Destruction of Animals: In the event of an emergency endangenng the health or safety of any person, where seizure and impoundment is deemed inadvisable or impracticable, or for humane considerations, the poundmaster or other police officer at his discretion may summarily destroy the animal involved 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 shelter, or to take or let out animals therefrom, 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 (2) It is unlawful for any person to knowingly refuse to redeem an impounded animal or to obtain an animal from the poundmaster and return it to a former owner without first paying all impound fees (3) Any person violating the provisions of this section shall be guilty of a misdemeanor 8.02.140: Warning Tickets: The animal control officer may issue a warning ticket for the first offense of letting an animal be at large If a warning ticket is issued, the warning ticket shall be in duplicate The first copy shall be given to the animal's owner, and the second copy shall be returned to the animal control office 8.02.150: Violation Tickets: (1) The animal control officer may issue a warning ticket or a violation ticket to an animal's owner for such owner's first violation of the terms of this chapter If, however, after receiving the violation or warning ticket, the animal's owner continues to violate this chapter, the officer shall on all subsequent offenses issue a violation ticket (2) The second copy of the violation ticket shall be given to the animal's owner The first and third copies shall be returned to the office of the animal control authonty The office staff will make the necessary arrangements to have one copy delivered to the City Municipal Court (3) The "warning tickets" and "violation tickets" shall either be given directly to the animal's owner or custodian, or to a person of suitable age and discretion, a resident of the household of the owner or custodian However, if; after making one attempt, the ammal control officer is unable to give the ticket to the animal's owner or custodian or person of suitable age and discretion, who is a resident of the household of the owner or custodian, the ticket may be served by mailing it regular and certified mail, return receipt requested, to the animal's owner or custodian at the address appearing on the license form Service of tickets shall be deemed completed three days after mailing by certified mail, return receipt requested Animal Control Ordinance - 6 8.02.160: Confinement: (1) Every female dog or cat in heat shall be kept confined to the owner's property or in a vetennary hospital or boarding kennel so that such female dog or cat cannot come in contact with other animals except for intentional breeding purposes (2) Dogs or cats kept outdoors for more than six hours at one time must be provided with a moisture proof and windproof shelter of a size which allows the animal to turn around freely and to easily sit, stand and lie in a normal position and to keep the animal clean, dry and comfortable 8.02.170: Crimes Against Animals: (1) Any person who, with the mtent to deprive or defraud the owner thereof, takes, leads away, confines, secretes, or who conceals the identity by obscunng, altering or removing any collar, tag, hcense, tattoo or other identifying device or mark on any dog or other domestic animal shall be guilty of a gross misdemeanor (2) Any person who willfully molests, provokes or mistreats any animal or willfully opens any door or gate or unleashes any animal for the purpose of allowing it to leave its owner's property or to be at large shall be guilty of a misdemeanor (3) Any person who shall willfully injure, torture, torment, mutilate, neglect, or deprive of the necessary food or water, or who shall overdrive, overload, overwork, or work when disabled, cruelly beat, mutilate, or cruelly kill any cat, dog or other animal, or cause or procure an animal to be overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, depnved of the necessary food and water, cruelly beaten or killed or who shall kill or wound any domestic animal by use of any gun, club, knife, bow and arrow or other weapon which may be used for the purpose of inflicting injury or death to any such animal, shall be deemed guilty of a gross misdemeanor Any owner of an injured, ill, malnourished, neglected or mistreated animal shall provide necessary vetennary care or aid of such animal as may be necessary, as determined by the poundmaster, provide for the recovery of or relief from unnecessary suffering of the animal (4) Any person who shall maliciously kill, maim or disfigure another's animal, or maliciously administer poison to any such animal, or expose any poisonous substance with intent that the same should be taken by such animal, or commit any other act or omission by which unjustifiable pain, distress, suffering or death is caused or permitted to any animal or animals, whether the acts or omission herein contemplated be committed either maliciously, willfully or negligently, or knowingly permit such act or omission, or shall cause or procure the same to be done shall be deemed guilty of a gross misdemeanor (5) It is unlawful for any person to abandon any domestic animal by dropping off or leaving such animal on the street, road or highway, or in any other public place, or on the private property of another (6) This section does not apply to the killing of any animal by a police officer, animal control officer, a licensed veterinarian, the owner of such an animal or a person authorized by him to destroy such animal, provided, however, that the death of such an animal is accomplished in a humane manner and for lawful purpose (7) Every person, firm or corporation convicted of violating subsections (1), (3) or (4) of this section shall be punished by a mandatory fine of not less than $500 00 per animal Conviction under this section does not bar prosecution and conviction under any other section of this code or any other law or ordinance Animal Control Ordinance - 7 8.02.180: Duties Upon Injury or Death of Animal: It shall be the duty of every person operating or dnving a vehicle mvolved m an accident resulting in an injury or death to a dog, cat or other animal to report the same immediately to the police division by telephone, and to report the same in wnting within twenty-four hours after the occurrence of such accident to the police division, giving the relevant information concerning the accident, the report to be made on forms provided by the police division 8.02.190: License - Dogs, Required: Except as provided in Section 8 02 260, no person may keep, harbor or permit to be kept any dog over seven months of age unless it is licensed (1) Licenses will be issued annually by the City The license fee must be paid after January 1st of each year but before expiration of the existing license Each license is valid until the final day of February of the following year (2) Before a license is issued for any dog, the owner must prove, by a certificate of vaccination signed by a licensed vetennanan that the dog has been vaccinated against rabies at the time of licensing (3) A veterinarian's certificate is necessary to prove that a dog has been neutered (4) Newly acquired dogs over the age of seven months must be vaccinated and licensed withm 30 days of acquisition Owners of dogs which need not be licensed until after July 1st will pay 50% of the applicable fee (5) Fees for licenses will be established by the City Council from time to time and must be paid before the license is issued (6) No license is required of non-residents staying temporanly within the City for not more than thirty days Licenses must be obtained within thirty days of the owners establishing residence within the City (7) Any dog reaching seven months of age before the last day of February must be licensed by that date 8.02.191: License - Cats, Optional: Any owner of a cat may obtain a license for their cat for the purpose of identification upon payment of a license fee plus proof that the animal has been given a rabies vaccination 8.02.200: License - Receipts and Tags: (1) License receipts shall provide space for the following information sex, color, breed, other identifying marks (if any), approximate age, date and serial number of vaccination, name and address of owner, date of issuance, and amount of license fee (2) License tags shall bear numbers corresponding with those of the license receipts and indicating the expiration date of such license The shape of the tags shall vary from year to year, and they shall be of a suitable size 8.02.210: License Procedures - Receipts and Tags: Upon the payment of the license fee and fulfillment of the licensing requirements, the onginal of the receipt, together with a license tag as provided for in this chapter, shall be delivered to the applicant A copy shall be retained by the City and a copy delivered to the poundmaster 8.02.220: License Procedures - Affixing Tags: The owner shall cause a valid license tag to be permanently affixed to the collar of the animal so that such license tag is in such a position that it may Animal Control Ordinance -8 be easily seen by the animal control officer The owner shall cause the tag to be worn by such animal at all times 8.02.240: License Tags Not Transferable: License tags shall not be transferable No refund shall be made of any dog license fee for any reason 8.02.250: Kennels - Licensing Provision - Commercial Kennels: No person, firm or corporation shall maintain a commercial kennel within the City without having a valid license therefor posted in plam view on the premises The poundmaster shall issue commercial kennel licenses for the City upon the payment of a fee as established by the City Council from time to time No license shall be issued for a commercial kennel located in violation of any zoning regulations governing the location of commercial kennels, or operated in violation of any other law 8.02.260: Kennel - Dog Licensing and Vaccination Requirements: (1) Any dog kept m a licensed kennel need not be individually licensed, provided that at all times when not securely confined in the kennel the dog is kept on a suitable leash (2) A kennel license shall cause all dogs over six months of age kept in that kennel to be vaccinated against rabies Any dog for which evidence of such vaccination cannot be produced, shall be impounded 8.02.270: Altering, Counterfeiting or Transfer of Tags Unlawful: It is unlawful to counterfeit or alter any license, license receipt or license tag provided for in this chapter, or to take from any animal a license tag legally placed upon that animal with the intent to place it upon another animal, or to place upon an animal a license tag not validly issued for such animal 8.02.280: Unlicensed Animals - Annual Survey: (1) On or after March 1st, the City may undertake a survey of all residents in the City to locate and address themselves to every owner of unlicensed dogs (2) Every legal means will be used to bnng recalcitrant owners into compliance The canvassers will be given the authority to sell licenses and collect a penalty as determined from time to time by the City Council 8.02.290: Animal Bites - Impounding: (1) Every animal bite shall be reported to the health officer who shall investigate the case and may order the offending animal to be impounded at any time dunng the ten days next following the date of the bite If the animal is impounded and after ten days next following the date of the bite no rabies is present or suspected, the animal may be released to the owner upon payment of any impounding, boarding and license fees, and compliance with the licensing and rabies vaccination provisions of this Chapter If rabies is present or suspected by the health officer, the animal shall be destroyed and the head preserved for laboratory confirmation of the diagnosis (2) If the health officer orders an animal impounded at any time dunng the ten days next following the date of a bite, the owner of the animal may request the impounding to be at a licensed vetennanan's establishment at his own expense 8.02.300: Health Officer to Quarantine: It shall be the duty of the health officer to cause to be quarantined any animal within the City, which he has grounds to suspect of being infected with the Animal Control Ordinance - 9 disease of rabies Whenever any human being has been bitten by a cat or dog and there is no reason to suspect that the animal is rabid, at the discretion of the health officer, the animal involved may be restricted for ten days for observation in such manner as to prevent contact with other animals or humans except for its caretaker 8.02.310: Notice of Quarantine: (1) Any quarantine of an animal shall be initiated by delivenng to the owner or keeper of any such animal a written notice of such quarantine which shall prescnbe the duration of the same, provided that the penod of said quarantine shall not exceed ten days unless it shall be determined that the existence of such disease is present The delivery of the notice of quarantine to an adult residing upon the premises where such animal is kept, shall be considered as delivery of the notice to the owner or keeper Any such animal so quarantined shall be impounded, provided that, in the discretion of the health officer, said animal may be quarantined upon the premises of the owner or any other person during such time as the provisions of the quarantine are strictly kept (2) During the period of any quarantine made under the provisions of this chapter, the owner or keeper of any animal so quarantined shall not allow said animal to come in contact with any other animal or person or permit such animal to run at large on any street or public place in the City or upon the premises where quarantined unless said premises be enclosed by a secure fence, nor shall such owner or keeper remove or cause such animal to be removed from said premises without the consent of the health officer Violation of this subsection shall be guilty of a civil infraction and subject to the penalties assessed therefore These restnctions shall continue until said animal shall have been released from quarantine Any animal found running at large as defined in Section 8 02 010, or which has been removed from the premises upon which quarantined, shall be impounded and unless claimed and redeemed by its owner within two days after the expiration of quarantine period may be destroyed by the proper authorities (3) Whenever any outbreak of rabies occurs, or when rabies has been diagnosed or a rabid dog or animal has been present in the City, it is unlawful for any owner, keeper or handler of an animal to keep or harbor the same within the City limits after the last publication of the notice provided for m subsection (5) of this section, and during the period in said notice prescnbed, unless such dog or animal be securely confined at all times by leash or kept in a tight enclosure from which such animal cannot escape Any animal found running at large in the City dunng said penod shall be impounded and, unless claimed and redeemed by its owner within two days after such impounding, may be destroyed by the proper authonnes Any health or pohce officer may destroy any animal found running at large within the limits of the City dunng said period when, after reasonable effort, he shall be unable to impound said animal or after reasonable investigation shall be unable to locate the owner or keeper thereof (4) Any animal that has been bitten by a rabid animal must be destroyed If the owner is unwilling to have this done, the animal (dog or cat only) should be vaccinated and placed in strict isolation for six months or longer If the animal has been previously vaccinated with an approved vaccine within the time limit approved for such vaccine, re-vaccination and restraint for ninety days shall be carried out (5) Upon any outbreak of rabies, or when rabies has been diagnosed within the City limits, or a rabid dog or animal has been found present, and when, in the judgment of the health officer, there is imminent danger of the spread of the disease, such officer shall publish a notice to that effect in the official newspaper of the City for three successive days, and for six weeks after the last publication of said notice the provisions of Section 8 02 120 shall be applicable, provided that the health officer Animal Control Ordinance - 10 shall have authonty, when in his judgment an extension of said six weeks time is necessary to carry into effect the purpose of this chapter, to extend the said six-week period for an additional six weeks or such lesser time as he shall deem necessary by notice given in the manner provided for in this section and to further thereafter and in the same manner continue said six-week or lesser penod until, in his judgment, the said strict quarantine herein provided for shall be unnecessary 8.02.320: Wild, Potentially Dangerous and Dangerous Animal: (1) Declaration The poundmaster has the authonty to declare an animal wild, potentially dangerous or dangerous and require such animal to have a permit in accordance with this section The poundmaster may declare an animal wild, potentially dangerous or dangerous if he has probable cause to believe that the animal falls within the definitions set forth in section 8 02 010 If the owner of such animal can be readily determined, the poundmaster shall notify the owner personally or by certified mail of the declaration If; however, the owner of such animal cannot be readily determined, notification shall be waived (2) Impoundment No person shall have, keep or maintain a wild, potentially dangerous or dangerous animal without first obtaining a permit from the poundmaster Animal without a permit m accordance with this section shall be immediately impounded by the poundmaster at the expense of the owner If the owner of such animal can be readily determined, the poundmaster shall notify the owner personally or by certified or regular mail of the impoundment If, however, the owner of such animal cannot be readily determined, notification shall be by posting at the Animal Control Agency as provided in Section 8 02 100 (3) Appeal Any owner of an animal subject to this section, may appeal the determination of the poundmaster to the appellate body designated by the Tri City Animal Control Authonty for determination provided the appeal is made in wnting and filed with the poundmaster within two (2) days of the poundmaster's determination The hearing shall be scheduled within fourteen (14) days of the date of service of such notice and the decision of the poundmaster shall be stayed and any impoundment shall continue, at the cost of the owner, pending the appeal (4) Redemption or Destruction of Animal An animal impounded under this section shall be returned to its owner if he complies with section 8 02 320(5) and 8 02 080 within 72 hours of after notification of impoundment If, however, the owner of the impounded animal under this section does not comply with section 8 02 320(5) and 8 02 080 within 72 hours after notification of impounding, such animal shall be destroyed in an expeditious and humane manner For purposes of determining whether the 72 hours have expired, the following methods shall be used (a) if the owner is personally served by the poundmaster, time begins when the owner was personally served, (b) if the owner is mailed notice by certified and regular mail, time begins when the notice was mailed, and, (c) if the owner of such animal could not be readily determined by the poundmaster, notice shall be by posting as provided by section 8 02 100 and the time begins at posting as provided by section 8 02 100 (5) Permit Required No person shall have, keep or maintain any wild, potentially dangerous or dangerous animal without first obtaining a permit from the poundmaster A permit will only be granted if the applicant has provided and maintains (a) a proper enclosure to properly and safely confine the animal as determined by the poundmaster, (b) a conspicuously posted sign on the premises which clearly warns the public and children that there is a wild, potentially dangerous or dangerous animal on the property, (c) $50,000 surety bond issued by a surety insurer qualified under RCW 48 28 in a form acceptable to the poundmaster payable to any person injured by the wild, potentially dangerous or dangerous animal, or liability insurance, such as homeowner's insurance, Animal Control Ordinance - 11 issued by an insurer qualified under RCW 48 in the amount of at least $50,000, insunng the owner for any personal injuries inflicted by the animal (6) Control and Confinement Potentially dangerous animal must be securely leashed and under the control of a person physically able to control the animal when away from the property of the owner or keeper, or, while on the property of the owner, must be securely restrained by physical device or proper enclosure as defined in section 8 02 010 made of materials strong enough to adequately and humanely confine the dog in a manner which prevents it from escaping the property and kept in conformance with requirements in section 8 02 320(5) Dangerous animals and potentially dangerous animals must be muzzled and restrained by substantial chain or leash and under physical restraint of a responsible person when away from the property of the owner or keeper, or while on the property of the owner, the dog must be securely confined inside a locked building, kennel, pen, or other structure having secure sides, bottom, and top, suitable to prevent the entry of young children and designed to prevent the animal from escaping and kept in conformance with requirements in section 8 02 320(5) (7) Violations and Regulation Any person violating the provisions of this section shall be guilty of a gross misdemeanor No person who, being the owner of any wild, potentially dangerous or dangerous 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 It shall be a defense to any charge under this section involving an alleged wild 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 The Animal Control Agency may petition the Pasco Code Enforcement Board to determine whether an animal should be destroyed 8.02.340: Animals Disturbing the Peace: It is unlawful for any person owning or harboring an animal to allow or permit such animal to cause serious or habitual disturbance or annoyance by frequent or habitual howling, yelping, barking or otherwise noisy conduct, which shall annoy, injure or endanger safety, health, comfort or repose of others An animal is harbored in violation of this section if, without provocation, it makes noise which can be heard continuously within an enclosed structure off its owner's property for more than five minutes 8.02.350: Responsibility of Owner: Nothing contained in this chapter shall relieve the owner or owners of any animal from responsibility for any damage committed by such animal, as provided by the law and sections of this chapter 8.02.360: Penalty Provisions: (1) Any person violating any provision of this chapter, except sections 8 02 130, 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 in the amount listed plus all costs and assessments (a) First violation within five years $30 00 (b) Second violation within five years $50 00 (c) Third violation within five years $75 00 (d) Four or more violations within five years $100 00 Animal Control Ordinance - 12 Charles D Kilbury Mayor (2) Each person is guilty of a separate offense for each and every day dunng 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 of $10 00 shall be assessed in addition to any other fine, penalty, cost or statutory assessment imposed 8.02.365: License Fees. The following fees are applicable as provided in this chapter (1) Dog license (a) Unaltered $ 45 00 (b) Altered, spayed or neutered $ 10 00 (2) Cat license (a) Unaltered $ 45 00 (b) Altered, spayed or neutered $ 10 00 (3) Low income senior citizens meeting the cntena for eligibility for utility discount services provided by PMC 13 20 040 - lifetime license for cat or dog $ 20 00 (4) Replacement tags $ 5 00 (5) Kennel and Cattery $ 50 00 (6) Dangerous or Wild Animal Permit $ 250 00 8.02.370: Voucher for Neutering Any owner licensing an unaltered animal shall, upon request, be issued a voucher redeemable m the sum of $25 00 within 60 days of the date of licence issuance by a vetennary who shall certify that the animal, for which the license was issued, has been neutered within the redemption period, and that such amount has been credited for the benefit of the owner m payment of the neutermg procedure Section 3 This Ordinance shall take full force and effect five (5) days after its approval, passage and publications required by law PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this c---9 4st- day of Dpppm , 1998 ATTEST APPROVED AS TO FORM 1111_,..41111 4.414 frCathe ne D Seaman Leland B Kerr U Deputy City Clerk City Attorney Animal Control Ordinance - 13 s§§g52:: ‘,11 100 17° P 0 BOX 2608 PASCO, WASHINGTON 99302 2608 PHONE (509) 582-1500 LEO 1 VLEMTM1100 INVOICE SOLD TO dce..4,3 ,D 3 DATE 01/19/1999 LEGAL NO #0074 ACCOUNT NO 1922 DESCRIPTION #0074 ORDINANCE 3326 TIMES 1 LINES 142 TOTZ3&, S 1797 72 "Lut_4,_ qq3 0 L'd ©MICE: 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 AIFFilDAKY OF PUSIMBOLIY1100 COUNTY OF BENTON S S STATE OF WASHINGTON ANN HENDERSON , being duly sworn, deposes and says, I am the Legal Clerk of the Tri-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 #0074 ORDINANCE 3326 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 01/17/1999 , and ending on 01/17/1999 , and that said newspaper was regulary distributed to its subscribers during all of this period RECUIVE FEB 0 t 1999 P1NANCE DEPT SUBSCRIBED AND SWORN BEFORE ME THIS / 7 DAY OF 4k.a/5_, /7 9 Notary public in and for the State of Wash- ington, residing at RICHLAND 08/15/2000 COMMISSION EXPIRES OADINANCE NO 3326 AN OFDINANCE of the City of Pasco Washington repealing Chapter 8 04 entitled Animal Control and enacting Chapter 8 02 entitled Animal Control WHEREAS the three cities of Pasco Kennewick and Richland Washington have pursuant to an Interlocal Cooperation Agreement established the Tr City Animal Control Authority for purpose of providing him on a shared basis an effective and constituent method of animal control and WHEREAS it has been determined by the City Council that similar animal control ordinances provided for a more efficient and effective administration of animal control services now therefore THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO ORDAIN AS FOLLOWS Section 1 Repeal That Chapter 8 04 entitled Animal Control shall be and hereby is repealed in its entirety Section 2 That a new chapter be added to the Pasco Municipal Code designated as Chapter 8 02 entitled Animal Control shall be and is hereby adopted and shall read as follows ECTION 02 010 Definition of Terms 02 030 Animals Injuring Property Unlawful 02 040 Stray Animal a Nuisance ' 02 050 Dog Control 02 060 Impounding of Animals 02 070 Notice of Impounding 02 080 Redemption of Impounded Animals 02 100 Disposition of Unclaimed Animals 02 120 Destruction of Animals 02 130 Interference with Officers Failure to Redeem rauds 02 140 Warning Tickets 02 150 Violation Tickets 02 160 Confinement 02 170 Crimes Against Animals 02 180 Duties Upon Injury or Death of Animal 02 190 License Dogs Required 02 191 License Cats Optional 02 200 License Receipts and Tags 02 210 License Procedures Receipts and Tags 02 220 License Procedures Affixing Tags 02 240 License Tags Not Transferable 02 250 Kennels Licensing Provision Commercial ennels , 02 260 Kennels Dog Licensing and Vaccination equirements 02 270 Altering Counterfeiting or Transfer of Tags nlawful - 02 280 Unlicensed Dogs Annual Survey 02 290 Dog Bites Impounding 02 300 Health Officer to Quarantine 02 310 Notice of Quarantine 02 320 Wild Potentially Dangerous or Dangerous Animal 02 330 Severability 02 340 Animals Disturbing the Peace 02 350 Responsibility of Owner 02 360 Penalty Provisions 02 365 License Fees 02 370 Voucher for Neutering 02 010 Definition of Terms As used in this chapter unless - the context indicates otherwise '(1) Animal included but is not limited to dogs and cats 4, (2) Animal Control Authority or Poundmaster or Chief Animal Control Officer means the person entity association • or corporation appointed or authorized by the City for enforcement of the animal control laws shelter and welfare of animals within the City of Pasco : (3) 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 laws or ordinances relating to the licensing of animals control of animals or seizure and impoundment of animals includes any law enforcement officer or other ▪ employee of the City whose duties in whole or in part include • assignments that involve the seizure and impoundment of any animal 4 (4) At Heel 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 (5) 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 • (a) 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 competent to restrain , and control the dog off the owner s premises t (b) It is properly restrained within a motor vehicle or housed in a veterinary hospital (c) It is accompanied by and at heel beside the owner or a ▪ competent responsible person (d) 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 (6) Cat' means and includes female neutered female male and neutered male cats (7) Commercial Kennel means any lot premises building (2) Dog Leashes Required It is unlawful for any owner to cause permit or allow any dog owned harbored controlled or kept by him in this City to roam run at large or stray away from the premises where the same is owned harbored controlled or kept except that while away from said premises such dog shall at all times be controlled by being at heel or by means of a leash not exceeding eight feet in length by the owner or some duly authorized and competent person provided however that such leash or chain is not required for any dog when otherwise safely and securely confined or completely controlled while in or upon any vehicle This section shall not apply to dogs which are in special areas which may be designated by the City as dog training areas and so long as the regulations of the City with respect to the use of such areas are complied with and said dogs are under the custody and control of a competent trainer (3) No dog shall be permitted to commit the following offenses on any premises or property private or public bite or attempt to bite any person destroy private property scatter refuse chase vehicles or commit any nuisance defined in this chapter or any other ordinance or law 8 02 060 Impounding of A 'ma's Any animal off the premises of the owner and not under the control of some person or is otherwise in violation of this chapter and subject to impound shall be impounded No licensed animal shall be impounded if it is properly confined on the owner s property 8 02 070 Notice of Impounding Upon seizing and impounding of any dog cat or other animal the poundmaster shall give notice of such impounding in substantially the following manner (1) If the animal is licensed and is wearing a license tag or if the identity of the owner is known to or can readily be determined by the poundmaster then as soon as reasonably practicable after the animal is impounded the poundmaster shall notify the owner by telephone or otherwise that the animal has been impounded and may be redeemed as provided in this chapter (2) If the owner is known to the poundmaster but cannot be notified under the provisions of subsection (1) of this section or if the owner is so notified and does not appear to redeem his animal within twenty four hours of the time of impounding then the poundmaster may send by certified and regular • mail a notice in substantially the following form NOTICE OF IMPOUNDING DATE To Whom It May Concern I have this day seized and impounded in the City animal shelter at Street an animal described as follows Dog ( ) Cat ( ) Other ( ) Sex Color Breed Approximate Age Other Identification Name of Owner Notice is hereby given that unless said animal is claimed and redeemed on or before o clock M on the day of 19 _ the same will be sold adopted or destroyed as provided by ordinance Signed Poundmaster' o (3) If the owner can not be readily identified then the poundmaster shall post notice at the animal control agency in a conspicuous location Notice shall state the description of the animal and location where the animal was found 8 02 080 Redemption of Impounded Animal (1) Unless this chapter requires impounding for a longer period of time any impounded animal may be redeemed by the owner or authorized representative of the owner by payment to the poundmaster of an impounding fee of thirty five dollars ($35 00) and a boarding fee of ten dollars ($10 00) for each calendar day or part thereof the animal has been confined including the day on which the animal is first impounded except for a second impoundment within a twelve month period the impounding fee shall be fifty dollars ($50 00) for the third and subsequent impoundments during a twelve month period the impounding fee shall be one hundred dollars ($100 00) If the animal has no valid license tag and one is required the owner shall also obtain a license tag for the current year or duplicate tag in accordance with the provisions of this chapter If unlicensed proof of a current rabies vaccination must be produced or the license shall be held until such proof is presented If proof is not presented within ten days it shall be another separate violation of this chapter for each day over ten days that proof is not presented (2) Upon receiving payment of all fees due the poundmaster shall execute a receipt in duplicate therefor and one shall be delivered to the owner upon which the owner shall acknowledge delivery of the animal and one shall be retained by the poundmaster (3) If the animal has been declared wild potentially dangerous or dangerous the owner must also obtain a permit in accordance with 8 02 320 before such animal can be redeemed by the owner 8 02 100 Disposition of Unclaimed Animals If (a) an unlicensed cat or cat whose owner cannot be identified by means of an tdenticode or other identification implant is not claimed and redeemed by its owner within 24 hours or (b) a cat or other animal that is licensed oy its owner is identifiable necessary as determined by the poundmaster provide for the recovery of or relief from unnecessary suffering of the animal (4) Any person who shall maliciously kill maim or disfigure another s animal or maliciously administer poison to any such animal or expose any poisonous substance with intent that the same should bp taken by such animal or commit any other act or omission by which unjustifiable pain distress suffering or death is caused or permitted to any animal or animals whether the acts or omission herein contemplated be committed either maliciously willfully or negligently or knowingly permit such act or omission or shall cause or procure the same to be done shall be deemed guilty of a gross misdemeanor (5) It is unlawful for any person to abandon any domestic animal by dropping off or leaving such animal on the street road or highway or in any other public place or on the private property of another (6) This section does not apply to the killing of any animal by a police officer animal control officer a licensed veterinarian the owner of such an animal or a person authorized by him to destroy such animal provided however that the death of such an animal is accomplished in a humane manner and for lawful purpose • (7) Every person firm or corporation convicted of violating subsections (1) (3) or (4) of this section shall be punished by a mandatory fine of not less than $500 00 per animal Conviction under this section does not bar prosecution and conviction under any other section of this code or any other law or ordinance 8 02 180 Duties Upon Injury or Death of Animal It shall be the duty of every person operating or driving a vehicle involved in an accident resulting in an injury or death to a dog cat or other animal to report the same immediately to the police division by telephone and to report the same in writing within twenty four hours after the occurrence of such accident to the police division giving the relevant information concerning the accident the report to be made on forms provided by the police division 8 02 190 License Dogs Required Except as provided in Section 8 02 260 no person may keep harbor or permit to be kept any dog over seven months of age unless it is licensed (1) Licenses will be issued annually by the City The license fee must be paid after January 1st of each year but before expiration of the existing license Each license is valid until the final day of February of the following year (2) Before a license is issued for any dog the owner mustk prove by a certificate of vaccination signed by a licensed veterinarian that the dog has been vaccinated against rabies at the time of licensing (3) A veterinarian s certificate is necessary to prove that a dog has been neutered (4) Newly acquired dogs over the age of seven months must be vaccinated and licensed within 30 days of acquisitiont, Owners of dogs which need not be licensed until after July 1st will pay 50% of the applicable fee (5) Fees for licenses will be established by the City Council from time to time and must be paid before the license is issued (6) No license is required of non residents staying temporarily within the City for not more than thirty days Licenses must be obtained within thirty days of the owners establishing residence within the City (7) Any dog reaching seven months of age before the last day of February must be licensed by that date 8 02 191 License Cats Optional Any owner of a cat may obtain a license for their cat for the purpose of identification upon payment of a license fee plus proof that the animal has been given a rabies vaccination 8 02 200 License Receipts and Tags (1) License receipts shall provide space for the following information sex color breed other identifying marks (if any) approximate age date and serial number of vaccination name and address of owner date of issuance and amount of license fee (2) License tags shall bear numbers corresponding with those of the license receipts and indicating the expiration date of such license The shape of the tags shall vary from year to year and they shall be of a suitable size 8 02 210 License Procedures Receipts and Tags Upon the payment of the license fee and fulfillment of the licensing requirements the original of the receipt together with a license tag as provided for in this chapter shall be delivered to the applicant A copy shall be retained by the City and a copy delivered to the poundmaster 8 02 220 License Procedures Affixing Tags The owner shall cause a valid license tag to be permanently affixed to the collar of the animal so that such license tag is in such a position that it may be easily seen by the animal control officer The owner shall cause the tag to be worn by such animal at all times 8 02 240 License Tags Not Transferable License tags shall not be transferable No refund shall be made of any dog license fee for arq reason 8 02 250 Kennels Licensing Provision Commercial Kennels No person firm or corporation shall maintain a commercial kennel within the City without having a valid license therefor posted in plain view on the premises The and unless claimed and redeemed by its owner within two days after such impounding may be destroyed by the proper authorities Any health or police officer may destroy any animal found running at large within the limits of the City during said period when after reasonable effort he shall be unable to impound said animal or after reasonable investigation shall be unable to locate the owner or keeper thereof (4) Any animal that has been bitten by a rabid animal must be destroyed If the owner is unwilling to have this done the animal (dog or cat only) should be vaccinated and placed in strict isolation for six months or longer If the animal has been previously vaccinated with an approved vaccine within the time limit approved for such vaccine re vaccination and restraint for ninety days shall be carried out (5) Upon any outbreak of rabies or when rabies has been diagnosed within the City limits or a rabid dog or animal has been found present and when in the judgment of the health officer there is imminent danger of the spread of the disease such officer shall publish a notice to that effect in the official newspaper of the City for three successive days and for six weeks after the last publication of said notice the provisions of Section 8 02 120 shall be applicable provided that the health officer shall have authority when in his judgment an extension of said six weeks time is necessary to carry into effect the purpose of this chapter to extend the said six week period for an additional six weeks or such lesser time as he shall deem necessary by notice given in the manner provided for in this section and to further thereafter and in the same manner continue said six week or lesser period until in his judgment the said strict quarantine herein provided for shall be unnecessary 8 02 320 Wild Potentially Dangerous and Dangerous Animal (1) Declaration The poundmaster has the authority to declare an animal wild potentially dangerous or dangerous and require such animal to have a permit in accordance with this section The poundmaster may declare an animal wild potentially dangerous or dangerous if he has probable cause to believe that the animal falls within the definitions set forth in section 8 02 010 If the owner of such animal can be readily determined the poundmaster shall notify the owner 0 personally or by certified mail of the declaration If however the owner of such animal cannot be readily determined notification shall be waived (2) Impoundment No person shall have keep or maintain a wild potentially dangerous or dangerous animal without first obtaining a permit from the poundmaster Animal without a permit in accordance with this section shall be immediately impounded by the poundmaster at the expense of the owner If the owner of such animal can be readily determined the poundmaster shall notify the owner personally or by certified or regular mail of the impoundment If however the owner of such animal cannot be readily determined notification shall be by posting at the Animal Control Agency as provided in Section 8 02 100 (3) Appeal Any owner of an animal subject to this section may appeal the determination of the poundmaster to the appellate body designated by the Tri City Animal Control Authority for determination provided the appeal is made in writing and filed with the poundmaster within two (2) days of the poundmaster s determination The hearing shall be scheduled within fourteen (14) days of the date of service of such notice and the decision of the poundmaster shall be stayed and any impoundment shall continue at the cost of the owner pending the appeal (4) Redemption or Destruction of Animal An animal impounded under this section shall be returned to its owner if he complies with section 8 02 320(5) and 8 02 080 within 72 hours of after notification of impoundment If however the owner of the impounded animal under this section does not comply with section 8 02 320(5) and 8 02 080 within 72 hours after notification of impounding such animal shall be destroyed in an expeditious and humane manner For purposes of determining whether the 72 hours have expired the following methods shall be used (a) if the owner is personally served by the poundmaster time begins when the owner was personally served (b) if the owner is mailed notice by certified and regular mail time begins when the notice was mailed and (c) if the owner of such animal could not be readily determined by the poundmaster notice shall be by posting as provided by section 8 02 100 and the time begins at posting as provided by section 8 02 100 (5) Permit Required No person shall have keep or maintain any wild potentially dangerous or dangerous animal without first obtaining a permit from the poundmaster A permit will only be granted if the applicant has provided and maintains (a) a proper enclosure to properly and safely confine the animal as determined by the poundmaster (b) a conspicuously posted sign on the premises which clearly warns the public and children that there is a wild potentially dangerous or dangerous animal on the property (c) $50 000 surety bond issued by a surety insurer qualified under RCW 48 28 in a form acceptable to the poundmaster payable to any person injured by the wild potentially dangerous or dangerous animal or liability insurance such as homeowner s insurance issued by an insurer qualified under RCW 48 in the amount of at least $50 000 insuring the owner for any personal injuries inflicted by the animal by means o fa an identicode or other informational i mpl a ntisp or dmaser tI issue co commercial licenses .ft he 6) Control and Confinement Poe!" t I dangerous rgero ma bbtcbedandedeemqdbyitsbwbersmitbb2bbursjbe_caubbb ttbe_tamebtbf , bh.f r‘i_, , , _ rw La -wx or more cats over —poundmasterThrhia-diadretion may place the animal up for six months of age are kept (8) Competent Person means any person who by reason of age and physical ability and training is capable of maintaining control of an animal to the extent required by this chapter (9) Dangerous Animal means any animal that (a) has inflicted severe injury on a human being without provocation (b) has killed a domestic animal without provocation or (c) has been previously found to be potentially dangerous the owner having received notice of such and the animal again aggressively bites attacks or endangers the safety of humans or domestic animals (10) Dog means and includes female neutered female male and neutered male dogs (11) Health Officer includes any person designated as such by the Benton Franklin district health office or any other person designated as such by the city council (12) Owner means any person firm corporation organization or department possessing harboring keeping having an interest in or having control or custody of an animal If the owner of the animal is a juvenile a parent or other custodian of such juvenile shall for the purposes of this chapter be treated as the owner of the animal (13) Person includes any person partnership corporation trust or association of persons (14) Potentially Dangerous Animal means any animal that when unprovoked (a) inflicts injury on a human or a domestic animal 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 (c) has a known propensity tendency or disposition to attack or to cause injury or otherwise to threaten the safety of humans or domestic animals (15) Proper Enclosure means while on the owner s property a dangerous potentially dangerous or wild 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 provide protection from the elements for the animal The requirement for a secure top on the enclosure may be waived by the poundmaster upon showing that it is unnecessary 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 (16) Severe Injury means any physical injury that results in death broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery (17) Veterinary Hospital means a public establishment regularly maintained and operated by a licensed veterinarian for the diagnosis and treatment of disease and injuries of animals (18) Wild Animal means any (a) non human primate (b) wild cat including any lion tiger cougar mountain Iron lynx or bobcat (c) bear (d) wolf coyote fox or its hybrid except for the domestic dogs (e) venomous reptile or amphibians (f) reticulated python Burmese python or any other snake which may reach 10 feet or more in length (g) alligator crocodile or caiman or (h) any other animal which is,capable of killing or seriously injuring a human being Whenever a type or breed of animal is described in this chapter it includes any hybrid cross breed or mixed breed of such animal to any degree that the type or breed can be identified by either the animal s appearance behavior or pedigree Whenever a power is granted to or a duty is imposed upon the poundmaster or Chief Animal Control Officer or other public officer the power may be exercised or the duty performed by an agent of the officer or by any person duly authorized unless this chapter expressly provides otherwise NI other words and phrases used in this chapter will have their commonly accepted meanings Q02 030 Animals Injuring Property Unlawful It is unlawful for any owner to suffer or permit any dog cat or other animal to trespass on private or public property so as to damage or destroy any property or thing of value or to deposit fecal matter on any property not that of his owner and the same is declared to be a nuisance and any such dog cat or other animal may be seized and impounded 8 02 040 Stray Animal a Nuisance Any stray dog cat or animal running at large within the City is declared to be a nuisance and any such stray dog cat or animal may be seized and impounded For the purpose of this section stray dog or stray animal means and includes any dog cat or animal appearing or remaining in a neighborhood or any public place without an apparent home 8 02 050 Dog Control (1) No dog licensed or not shall be permitted to roam or stray or be off its owner s premises unless it is at all times under the control of a person It is the owner s responsibility to do all things reasonably necessary to ensure compliance with this section that a dog is found away from its owner s premises and not under the control of a responsible person shall be prima facie evidence of a violation of this section U01119011auxe on mOid u000 ueld WeLLIEIJIISJ -MIUttU.IU.103 — SUlUOLLI__9_.1811E U0100 armcAuurtc adoption sell the animal or humanely destroy the animal For purposes of determining whether the 72 hours has expired the following methods shall be used (a) if the owner is notified by telephone time begins when telephone contact was made with the owner by the poundmaster (b) if the owner is mailed notice by certified and regular mall time begins when the notice was mailed and (c) if notice was posted because the owner of the animal could not be readily determined by the poundmaster time begins when the poundmaster posted the notice at the animal control agency in a conspicuous location 8 02 120 Destruction of Animals In the event of an emergency endangering the health or safety of any person where seizure and impoundment is deemed inadvisable or impracticable or for humane considerations the poundmaster or other police officer at his discretion may summarily destroy the animal involved 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 shelter or to take or let out animals therefrom 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 (2) It is unlawful for any person to knowingly refuse to redeem an impounded animal or to obtain an animal from the poundmaster and return it to a former owner without first paying all impound fees (3) Any person violating the provisions of this section shall be guilty of a misdemeanor 8 02 140 Warning Tickets The animal control officer may issue a warning ticket for the first offense of letting an animal be at large If a warning ticket is issued the warning ticket shall be in duplicate The first copy shall be given to the animal s owner and the second copy shall be returned to the animal control office 8 02 150 Violation Tickets (1) The animal control officer may issue a warning ticket or a violation ticket to an animal s owner for such owner s first °Z/iolation of the terms of this chapter If however after receiving the violation or warning ticket the animal s owner continues to violate this chapter the officer shall on all subsequent offenses issue a violation ticket (2) The second copy of the violation ticket shall be given to the animal s owner The first and third copids shall be returned to the office of the animal control authority The office staff will make the necessary arrangements to have one copy delivered to the City Municipal Court (3) The warning tickets and violation tickets shall either be given directly to the animal s owner or custodian or to a person of suitable age and discretion a resident of the household of the owner or custodian However if after making one attempt the animal control officer is unable to give the ticket to the animal s owner or custodian or person of suitable age and discretion who is a resident of the hbusehold of the owner or custodian the ticket may be served by mailing it regular and certified mail return receipt requested to the animal s owner or custodian at the address appearing on the license form Service of tickets shall be deemed completed three days after mailing by certified mail return receipt requested 8 02 160 Confinement (1) Every female dog or cat in heat shall be kept confined to the owner s property or in a veterinary hospital or boarding kennel so that such female dog or cat cannot come in contact with other animals except for intentional breeding purposes (2) Dogs or cats kept outdoors for more than six hours at one time must be provided with a moisture proof and windproof shelter of a size which allows the animal to turn around freely and to easily sit stand and lie in a normal position and to keep the animal clean dry and comfortable 8 02 170 Crimes Against Animals (1) Any person who with the intent to deprive or defraud the owner thereof takes leads away confines secretes or who conceals the identity by obscuring altering or removing any collar tag license tattoo or other identifying device or mark on any dog or other domestic animal shall be guilty of a gross misdemeanor (2) Any person who willfully molests provokes or mistreats any animal or willfully opens any door or gate or unleashes any animal for the purpose of allowing it to leave its owner s property or to be at large shall be guilty of a misdemeanor (3) Any person who shall willfully injure torture torment mutilate neglect or deprive of the necessary food or water or who shall overdrive overload overwork or work when disabled cruelly beat mutilate or cruelly kill any cat dog or other animal or cause or procure an animal to be overdriven overloaded driven when overloaded overworked tortured tormented deprived of the necessary food and water cruelly beaten or killed or who shall kill or wound any domestic animal by use of any gun club knife bow and arrow or other weapon which may be used for the purpose of inflicting injury or death to any such animal shall be deemed guilty of a gross misdemeanor Any owner of an injured ill malnourished neglected or mistreated animal shall provide necessary veterinary care or aid of such animal as may be nsueLuutoo Aietes ienet swdom onend S JelSBUJ Jej9Jd _..1(968USW imnevn_mrt I N3£1 Council from time to time No license shall be issued for a commercial kennel located in violation of any zoning regulations governing the location of commercial kennels or operated in violation of any other law 8 02 260 Kennel Dog Licensing and Vaccination Requirements (1) Any dog kept in a licensed kennel need not be individually licensed provided that at all times when not securely confined in the kennel the dog is kept on a suitable leash (2) A kennel license shall cause all dogs over six months of age kept in that kennel to be vaccinated against rabies Any dog for which evidence of such vaccination cannot be produced shall be impounded 8 02 270 Altering Counterfeiting or Transfer of Tags Unlawful It is unlawful to counterfeit or alter any license license receipt or license tag provided for in this chapter or to take from any animal a license tag legally placed upon that animal with the intent to place it upon another animal or to place upon an animal a license tag not validly issued for such animal 8 02 280 Unlicensed Animals Annual Survey (1) On or after March 1st the City may undertake a survey of all residents in the City to locate and address themselves to every owner of unlicensed dogs (2) Every legal means will be used to bring recalcitrant owners into compliance The canvassers will be given the authority to sell licenses and collect a penalty as determined from time to time by the City Council 8 02 290 Animal Bites Impounding (1) Every animal bite shall be reported to the health officer who shall investigate the case and may order the offending animal to be impounded at any time during the ten days next following the date of the bite If the animal is impounded and after ten days next following the date of the bite no rabies is present or suspected the animal may be released to the owner upon payment of any impounding boarding and license fees and compliance with the licensing and rabies vaccination provisions of this Chapter If rabies is present or suspected by the health officer the animal shall be destroyed and the head preserved for laboratory confirmation of the diagnosis (2) If the health officer orders an animal impounded at any time during the ten days next following the date of a bite the owner of the animal may request the impounding to be at a licensed veterinarian s establishment at his own expense 8 02 300 Health Officer to Quarantine It shall be the duty of the health officer to cause to be quarantined any animal within the City which he has grounds to suspect of being infected with the disease of rabies Whenever any human being has been bitten by a cat or dog and there is no reason to suspect that the animal is rabid at the discretion of the health officer the animal involved may be restricted for ten days for observation in such manner as to prevent contact with other animals or humans except for its caretaker 8 02 310 Notice of Quarantine (1) Any quarantine of an animal shall be initiated by delivering to the owner or keeper of any such animal a written notice of such quarantine which shall prescribe the duration of the same provided that the period of said quarantine shall not exceed ten days unless it shall be determined that the existence of such disease is present The delivery of the notice of quarantine to an adult residing upon the premises where such animal is kept shall be considered as delivery of the notice to the owner or keeper Any such animal so quarantined shall be impounded provided that in the discretion of the health officer said animal may be quarantined upon the premises of the owner or any other person during such time as the provisions of the quarantine are strictly kept (2) During the period of any quarantine made under the provisions of this chapter the owner or keeper of any animal so quarantined shall not allow said animal to come in contact with any other animal or person or permit such animal to run at large on any street•or public place in the City or upon the premises where quarantined unless said premises be enclosed by a secure fence nor shall such owner or keeper remove or cause such animal to be removed from said premises without the consent of the health officer Violation of this subsection shall be guilty of a civil infraction and subject to the penalties assessed therefore These restrictions shall continue until said animal shall have been released from quarantine Any animal found running at large as defined in Section 8 02 010 or which has been removed from the premises upon which quarantined shall be impounded and unless claimed and redeemed by its owner within two days after the expiration of quarantine period may be destroyed by the proper authorities (3) Whenever any outbreak of rabies occurs or when rabies has been diagnosed or a rabid dog or animal has been present in the City it is unlawful for any owner keeper or handler of an animal to keep or harbor the same within the City limits after the last publication of the notice provided for in subsection (5) of this sebtion and during the period in said notice prescribed unless such dog or animal be securely confined at all times by leash or kept in a tight enclosure from which such animal cannot escape Any animal found running at large in the City during saidveriod shall be impounded physically able to control the animal when away from the property of the owner or keeper or while on the property of the owner must be securely restrained by physical device or proper enclosure as defined in section 8 02 010 made of materials strong enough to adequately and humanely confine the dog in a manner which prevents it from escaping the property and kept in conformance with requirements in sectidn 8 02 320(5) Dangerous animals and potentially dangerous animals must be muzzled and restrained by substantial chain or leash and under physical restraint of a responsible person when away from the property of the owner or keeper or while on the property of the owner the dog must be securely confined inside a locked building kennel pen or other structure having secure sides bottom and top suitable to prevent the entry of young children and designed to prevent the animal from escaping and kept in conformance with requirements in section 8 02 320(5) (7) Violations and Regulation Any person violating the provisions of this section shall be guilty of a gross misdemeanor No person who being the owner of any wild potentially dangerous or dangerous 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 It shall be a defense to any charge under this section involving an alleged wild 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 The Animal Control Agency may petition the Pasco Code Enforcement Board to determine whether an animal should be destroyed 8 02 340 Animals Disturbing the Peace It is unlawful for any person owning or harboring an animal to allow or permit such animal to cause serious or habitual disturbance or annoyance by frequent or habitual howling yelping barking or otherwise noisy conduct which shall annoy injure or endanger safety health comfort or repose of others An animal is harbored in violation of this section if without ° provocation it makes noise which can be heard continuously within an enclosed structure off its owner s property for more than five minutes 8 02 350 Responsibility of Owner Nothing contained in this chapter shall relieve the owner or owners of any animal from responsibility for any damage committed by such animal as provided by the law and sections of this chapter 8 02 360 Penalty Provisions (1) Any person violating any provision of this chapter except sections 8 02 130 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 in the amount listed plus all costs and assessments (a) First violation within five years $30 00 (b) Second violation within five years $50 00 (c) Third violation within five years $75 00 (d) Four or more violations within five years $100 00 r2) ach 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 of $10 00 shall be assessed in addition to any other fine penalty cost or statutory assessment imposed 8 02 365 License Fees The following fees are applicsab4l5e 0a0s provided in this chapter (1) Dog license (a) Unaltered 4 (2) Cat license (b) Altered spayed or neutered $ 1 0 00 (a) Unaltered $ 50 1 0 0 (b) Altered spayed or neutered $ 1000 (3) Low income senior citizens meeting the criteria for eligibility for utility discount services provided by PMC 13 20 040 lifetime license for cat or dog $ 2 8 02 370 Voucher for Neutering Any owner licen sing 5 s2in55g00 00a 000: (6) Dangerous or Wild Animal Permit (4) Replacement tags (5) Kennel and Cattery unaltered animal shall upon request be issued a voucher redeemable in the sum of $25 00 within 60 days of the date of license issuance by a veterinary who shall certify that the animal for which the license was issued has been neutered within the redemption period and that such amount has been credited for the benefit of the owner in payment of the neutering procedure Section 3 This Ordinance shall take full force and effect five (5) days after its approval passage and publications required by law PASSED by the City Council of the City of Pasco Washington and approved as provided by law this 21st day of December 1998 Charles D Kilbury Mayor ATTEST Catherine D Seaman Deputy City Clerk APPROVED AS TO FORM Leland B Kerr City Attorney #0074 1/17/99 09E9 LE9(609 .1 Is $ II LVH d @AMA-CI 6thmeas Si lisueu ill_____-.•nos.“.toilna On 11 I JOAIJa