HomeMy WebLinkAbout4475 OrdinanceORDINANCE NO. 4475
AN ORDINANCE of the City of Pasco, Washington,
Amending Pasco Municipal Code Section 6.05.010 "Definition
of terms", Section 6.05.080 "Disposition of unclaimed animals",
Section 6.05.110 "Refusal to redeem", Section 6.05.320 "Notice
of quarantine", and Section 6.05.330 "Potentially dangerous
and dangerous animals"
WHEREAS, with a review of the provisions of the Animal Control Sections of the Pasco
Municipal Code, including consideration of the provisions of the newly enacted RCW 16.08.110,
it is appropriate to amend and update certain sections of Chapter 6.05 PMC. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 6.05.010, entitled "Definition terms" of the Pasco Municipal
Code, shall be and hereby is amended to read as follows:
6.05.010 Definition of terms.
As used in this chapter, unless the context indicates otherwise:
"Abandon" means the knowing or reckless desertion of an animal by its owner or the causing of
the animal to be deserted by its owner, in any place, without making provisions for the animal's
adequate care. An animal left without adequate care for three or more days shall be prima facie
evidence that the animal has been abandoned.
"Animal" includes, but is not limited to dogs and cats.
"Animal Control Authority" means the joint power authority formed by interlocal agreement of
the cities of Richland, Pasco and Kennewick, to implement and provide animal control and
sheltering services within the respective cities.
"Animal Control Officer" refers to that person employed by or under contract to the Qty Animal
Control Authority to enforce the provisions of this title.
"At Heel" means that 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.
"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:
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(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 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.
"Cat" means and includes female, „oma spayed female, male and neutered male cats.
"Commercial kennel" means any lot, premises, building or structure where four or more dogs or
four or more cats over six months of age are kept.
"Competent person" means any person who, by reason of age, physical ability, and training, is
capable of maintaining control of an animal to the extent required by this chapter.
"Dangerous animal" means any animal that (a) has inflicted severe injury on a human being
without provocation, (b) has killed a domestic or livestock 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.
"Dog" means and includes female, wed sspayed female, male and neutered male dogs. For the
purpose hereof, "dog" means a domesticated member of the family canidae, specifically
species Canus lupus}amiliaris, and excludes nondomesticated members of the family canidae and
any hybrids thereof, including but not limited to wolves, coyotes, wolf -dog hybrids, and coyote -
dog hybrids.
"Domestic animal" means a tame animal in the house or home, or on the property, living with or
used by people for companionship, work, and/or a food source.
"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.
"Livestock" includes, but is not limited to, horses, mules, cattle, sheep, swine, goats and fowl kept
or raised on a farm, ranch, or other spread of land, which are raised for home use, profit, or hobby.
"Owner" means any person, firm, corporation, organization, or department possessing, harboring,
keeping, having an interest in, or having control or custody of an animal for three consecutive days
or more. An animal is deemed to be harbored if it is fed or sheltered for three consecutive days or
more and knowingly permitted to remain on the premises occupied by that person. If the owner of
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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.
"Person" includes any person, firm, organization, partnership, corporation, trust or association of
persons.
"Potentially dangerous animal" means any animal that when unprovoked: (a) inflicts injury on a
human or a domestic animal or livestock, or (b) chases or approaches a person upon the streets,
sidewalks, any public grounds, or upon private property other than that of the animal's owner, 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, or (d) is a Pit Bull Terrier, which means any American Pit Bull Terrier, Staffordshire Bull
Terrier or American Staffordshire Terrier breed of dog or any mixed breed of dog that contains as
an element of its breeding the breed of American Pit Bull Terrier, Staffordshire Bull Terrier, or
American Staffordshire Terrier so as to be identifiable as partially of the breed American Pit Bull
Terrier, Staffordshire Bull Terrier, or American Staffordshire Terrier.
"Poundmaster" means the chief officer appointed by the Animal Control Authority for the
enforcement of animal control laws and regulations. The Poundmaster may include or employ
Animal Control Officer(s) and/or a Chief Animal Control Officer.
"Proper enclosure" means, while on the owner's property, a dangerous or potentially dangerous
animal shall be securely confined indoors or in an outside 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 watchdogs 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, and engaged in a commercial business.
"Severe injury" means any physical injury that results in death, broken bones or disfiguring
lacerations requiring one or more sutures or cosmetic surgery.
"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.
"Welfare check" means tending to the well-being of an animal.
Whenever a type or breed of animal is described in this chapter, it includes any hybrid, crossbreed
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
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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.
[Ord. 3870, 2008; Ord. 3756 § 1, 2006; Ord. 3723 § 1, 2005; Ord. 3714 § 1, 2005; Ord. 3326 § 1,
1998; Code 1970 § 8.02.010.]
Section 2. That Section 6.05.080, entitled "Disposition of unclaimed animals" of the
Pasco Municipal Code, shall be and hereby is amended to read as follows:
6.05.080 Disposition of unclaimed animals.
If,
(1) An unlicensed cat or cat whose owner cannot be identified by means of an identicode or
other identification implant, is not claimed and redeemed by its owner within 48 hours; or
(2) 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 lis their 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.
[Ord. 3824, 2007; Ord. 3326 § 1, 1998; Code 1970 § 8.02.100.]
Section 3. That Section 6.05.110, entitled "Refusal to redeem" of the Pasco Municipal
Code, shall be and hereby is amended to read as follows:
6.05.110 Refusal to redeem.
(1) It is unlawful for any person to knowingly refuse to redeem an impounded animal or to
obtain an animal from the Poundmaster or return it to an owner without first paying all impound
fees. Any ~eviolation of this seetien shall be guilty of an ^ violation of this
section shall constitute a class 1 civil infraction per PMC 1.05.080, and the violator shall be subject
to the penalties assessed therefor.
(2) Repeated Failure to Dede Redeem. Any person who knowingly refuses to redeem an
impounded animal or to obtain an animal from the Poundmaster or return it to an owner without
first paying all impound fees, more than two times within a 24 -month period, shall be guilty of a
misdemeanor. [Ord. 4261, 2016; Code 1970 § 8.02.135.]
Section 4. That Section 6.05.320, entitled "Notice of quarantine" of the Pasco
Municipal Code, shall be and hereby is amended to read as follows:
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6.05.320 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 10 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. "ffi perela- „ftp,: ,bse ti sha4l be gui4y
o€ a -A violation of this section shall constitute a class 1 civil infraction per PMC 1.05.080, and the
violator shall be subject to the penalties assessed therefor. These restrictions shall continue until
said animal shall have been released from quarantine. Any animal found running at large as defined
in PMC 6.05.010, 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 section, 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 said period shall
be impounded 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 any health or police officer 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 miistshould be destroyed. If the owner
is unwilling to have this done, the animal (dog or cat only) shouldshall 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, revaccination and restraint for
90 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,
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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 PMC 6.05.090 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 liisthe Health Officer's judgment, the said strict quarantine
herein provided for shall be unnecessary. [Ord. 3326 § 1, 1998; Code. 1970 § 8.02.310.]
Section 5. That Section 6.05.330, entitled "Potentially dangerous and dangerous
animals" of the Pasco Municipal Code, shall be and hereby is amended to read as follows:
6.05.330 Potentially dangerous and dangerous animals.
(1) Declaration. The Poundmaster has the authority to declare an animal potentially dangerous
or dangerous and require such animal to have a permit in accordance with this section. The
Poundmaster may declare an animal potentially dangerous or dangerous if teethe Poundmaster has
probable cause to believe that the animal falls within the definitions set forth in PMC 6.05.010. 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 potentially dangerous or
dangerous animal without first obtaining a permit from the Poundmaster. Any animal meeting this
definition and found at large without a permit will be impounded immediately 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 PMC 6.05.080.
(3) Appeal. Any owner of an animal subject to this section may appeal the determination of
the Poundmaster to the Hearing Examiner for determination provided the appeal is made in writing
and filed with the City Clerk within 10 days of the Poundmaster's determination. The hearing shall
be scheduled within seven 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.
(a) If the Hearing Examiner finds insufficient evidence to support the declaration, the
declaration shall be rescinded and the restrictions imposed thereby annulled. All impound
fees are the responsibility of the owner of the animal; no animal impound expense and
fee(s) shall be assessed against the City of Pasco or the Animal Control Authority or officer.
(b) If the Hearing Examiner finds sufficient evidence to support the declaration, he/she
shall impose restitution if applicable, and may impose reasonable additional restrictions on
the animal.
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(c) Decisions of the Hearing Examiner shall be final and conclusive unless a timely
appeal is filed with the Superior Court of Franklin County by an aggrieved party within 21
calendar days from the date of issuance of the decision 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 eempliesthey comply with PMC 6.05.330(5) and 6.05.070 within 72
hours of after notification of impoundment. If, however, the owner of the impounded animal under
this section does not comply with PMC 6.05.330(5) and 6.05.070 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 PMC 6.05.080 and the time begins at
posting as provided by PMC 6.05.080. EXCEPTION: Upon execution of declaration of removal
by the owner or authorized representative of the owner of the animal and payment of applicable
fees including impound fees, the animal may be released by the Poundmaster into the custody of
the owner or authorized representative of the owner for the immediate and permanent removal of
the animal from Paseethe City.
(5) Permit Required. No person shall have, keep or maintain any potentially dangerous or
dangerous animal without first obtaining an annual permit from the Poundmaster. The fee for such
a permit shall be in addition to the regular annual license fee. 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 potentially dangerous or dangerous animal on
the property, (c) $250,000 surety bond issued by a surety insurer qualified under Chapter 48.28
RCW in a form acceptable to the Poundmaster payable to any person injured by the potentially
dangerous or dangerous animal; or liability insurance, such as homeowner's insurance, issued by
an insurer qualified under RCW Title 48 in the amount of not less than $250,000 with maximum
deductible coverage not to exceed $2,500, in a form requiring notice to the City of cancellation or
nonrenewal of such policy not less than 30 days prior to its date of cancellation or expiration,
insuring the owner for any personal injuries or property damage inflicted by the animal and (d)
proof that all surrounding property owners and occupants have been notified and given an
opportunity to comment on the confinement plans.
(6) Exemption from Permit Requirement. An animal that is classified as "potentially
dangerous" under the provisions of PMC 6.05.010 may be exempted from the permit requirements
of subsection (5) of this section, provided such animal has passed the Canine Good Citizen (CGC)
test of the American Kennel Club (AKC), as administered by the Poundmaster or the Animal
Control Authority or a reasonably equivalent canine behavioral test as determined by the City,_ and
received the appropriate certificate from AKC or equivalent approved testing agency. Animals that
pass the AKC CGC test or approved equivalent canine behavioral test are exempt from breed -
based regulations for a period of at least two years. Such animal shall be retested and passed at
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least once every two years in order to maintain this exemption. Animals that fail the AKC CGC
test or approved equivalent canine behavioral test shall be given the opportunity to retest within a
reasonable period of time, as determined by the City.
(7) Control and Confinement. A dangerous and potentially dangerous animal must be muzzled
and securely leashed, restrained 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 confined within a "proper enclosure" as defined in PMC 6.05.010 made
of materials strong enough to adequately and humanely confine the dog in a manner which
prevents it from escaping the property and to prevent the entry of young children and kept in
conformance with the requirements of subsection (5) of this section.
(8) Violations and Regulation. Any person violating the provisions of this section shall be
guilty of a gross misdemeanor. No person, being the owner of any potentially dangerous or
dangerous animal, shall keep, harbor or maintain the same on or off histheir premises in a manner
endangering or likely to endanger the safety of persons, property or other animals nor shall hethey
allow the same to run at large within the City. It shall be a defense to any charge under this section
involving an alleged potentially dangerous 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 "rima' Control gene l!oundmaster may petition the
Pasco Code Enforcement Board to determine whether an animal should be destroyed. [Ord. 3870,
2008; Ord. 3756 § 2, 2006; Ord. 3714 § 2, 2005; Ord. 3439 § 1, 2000; Ord. 3385 § 1, 1999; Ord.
3326 § 1, 1998; Code 1970 § 8.02.320.]
Section 6. That Section 6.05.370, entitled "Penalty provisions" of the Pasco Municipal
Code, shall be and hereby is amended to read as follows:
6.05.370 Penalty provisions.
(1) Any person violating any provision of this chapter, except PMC 6.05.100, 6.05.110(2-},
6.05.150 and 6.05.330, is guilty of an infraction. Unless matters in aggravation warrant a greater
civil penalty, each violation shall be subject to a minimum penalty as set forth in Chapter 3.35
PMC, plus all costs and assessments for the following respective violations:
(a) First violation within five years.
(b) Second violation within five years.
(c) Third violation within five years.
(d) Four or more violations within five years.
(2) Each 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.
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(3) Court costs shall be assessed in addition to any other fine, penalty, cost or statutory
assessment imposed. [Ord. 4261, 2016; Ord. 3870, 2008; Ord. 3544 § 1, 2002; Ord. 3534 § 1,
2002; Ord. 3326 § 1, 1998; Code 1970 § 8.02.360.]
Section 7. This Ordinance shall take effect and be in force five days from and after its
passage, approval and publication as provided by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law this 2nd day of December, 2019.
Matt Watkins, Mayor
ATTEST:
16L Kno�
Debra Barham, CMC
City Clerk
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APPROVED AS TO FORM:
Eric W erguson
Attorney