HomeMy WebLinkAbout4512 Ordinance - Amending PMC 6.05 Breed Specific and Potentially Dangerous AnimalORDINANCE NO. 4512
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING SECTIONS 6.05.010 AND 6.05.330 OF THE PASCO MUNICIPAL
CODE RELATED TO BREED SPECIFIC LANGUAGE FROM THE CHAPTER
ON ANIMAL CONTROL
WHEREAS, the Animal Control Chapter has maintained Breed Specific Language (BSL)
which identifies a pit bull under section 6.05.010 as a per se "potentially dangerous animal" as
defined in section 6.05.330; and
WHEREAS, after comprehensive discussion with staff, stakeholders, and members of the
public the City Council has determined that it is in the best interest of the City and its residents
that the BSL, which imposes a per se definition of "potentially dangerous animal" on one breed of
dog, be removed in all respects from Chapter 6.05 of the Pasco Municipal Code; and
WHEREAS, in an effort to refocus attention on individual responsibility for criminally
negligent or reckless dog owners the City Council finds that it is necessary to include provisions
to ensure adequate enforcement of the current permitting requirements as those relate to
"potentially dangerous animals" under Chapter 6.05.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Section 6.05.010, entitled "Definition of terms" of the Pasco
Municipal Code, shall be and hereby is amended to read as follows:
6.05.010 Definition of terms.
"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 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.
Ordinance — Amending PMC Chapter 6.05 - 1
"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 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, 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, spayed female, male and neutered male dogs. For the purpose
hereof, "dog" means a domesticated member of the family canidae, specifically species Canus
lupus familiaris, 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
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.
Ordinance — Amending PMC Chapter 6.05 - 2
"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, , Staffer-dshir-e Bull
"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
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. 4475 § 1, 2019; Ord. 3870, 2008; Ord. 3756 § 1, 2006; Ord. 3723 § 1, 2005; Ord.
3714 § 1, 2005; Ord. 3326 § 1, 1998; Code 1970 § 8.02.010.]
Ordinance — Amending PMC Chapter 6.05 - 3
Section 2. 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 the 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.
(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 they 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
Ordinance — Amending PMC Chapter 6.05 - 4
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 ,.�the three
days after 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 the 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 permit
breedsed regulations for a period of at least two years. Such animal shall be retested and passed
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.
(a) No animal shall be exempt from the permit by way of transfer of ownership. Any owner of a
potentially dangerous or dangerous animal shall file a certification with the Poundmaster certifying
that the animal has been transferred and that prior to transfer the owner disclosed the permit
requirement to the new owner who shall countersign and date the certification. Such certification
shall include the address of both the transferor and transferee.
(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
Ordinance — Amending PMC Chapter 6.05 - 5
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. unless otherwise exempt
under subsection (6) 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 their premises in a manner endangering
or likely to endanger the safety of persons, property or other animals nor shall they 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 Poundmaster may petition the Pasco Code Enforcement Board to
determine whether an animal should be destroyed. [Ord. 4475 § 5, 2019; 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 3. This ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, this 7th day of December,
2020.
Saul Martinez
Mayor
ATTEST:
APPROVED AS TO FORM:
)q�,, W-- �
Debra Barham, CMC Kerr
City Clerk CW
Published: —c Qmvw' io 20-0
Ordinance — Amending PMC Chapter 6.05 - 6
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