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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 ttorney Law, PLLC