HomeMy WebLinkAbout Animal Control Code Update - 2016 Port Townsend Municipal Code Page 1/18
Chapter 8.04 ANIMAL CONTROL
Chapter 8.04
ANIMAL CONTROL
Sections:
Article L General Provisions
8.04.010 Definitions.
8.04.015 State statutes adopted by reference.
8.04.020 Fees and fines deposited in expense fund.
8.04.025 Adopted by reference includes amendments and additions—Copies of materials adopted by reference.
Article IL Licenses
8.04.030 Dog license—Required.
8.04.040 Dog license—Fees—Waived when.
8.04.050 Dog license—Issuance—Tags—Tattoos.
8.04.060 Dog license—Available when.
8.04.070 Repealed.
8.04.080 Lost tags—Replacement fee.
8.04.090 License tag removal unlawful.
8.04.100 Unlicensed dogs—Impoundment.
8.04.110 Deg-Animal kennel—License required.
8.04.120 Animal Kennel license—Fees—City authorization required.
8.04.130 Kennel license—Inspection required.
8.04.140 Repealed.
Article III. Regulations
8.04.150 Leash reqHir-enieff'°.Repealed.
8.04.160 Animals at large prohibited.
8.04.170 Running in packs prohibited.
8.04.180 S4ay-aAnimals at large—Defined—Impoundment.
8.04.190 S4ay-aAnimals at large—Release to authorities.
8.04.195 Mandatory spaying or neutering of adopted animals.
8.04.200 Ba4iHg a,,4 other H 19mhib#ed-.Bep!m1ed.
8.04.210 Accessible female in heat prohibited when.
8.04.220 Chasing or obstructing vehicles prohibited.
8.04.230 Injuring property prohibited.
8.04.240 Harassing pedestrians prohibited.
8.04.250 Decodified.
8.04.255 Owner surrender fees.
8.04.260 Quarantine for biting animals.
8.04.270 Declaration of dogs as potentially dangerous—Procedure.
8.04.271 Dangerous dogs.
8.04.272 Restrictions on potentially dangerous dogs.
8.04.274 Registration of a dangerous dog.
8.04.276 Penalty for violation.
Article IV. Impoundment
8.04.280 Impoundment—Authorized officers—Location.
8.04.290 Impoundment—Delegation of authority.
8.04.300 Animal control authority and animal shelter—Interlocal agreement.
8.04.310 Animal control authority—Duties.
8.04.320 Enforcement—Police powers of animal control authority employees.
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Chapter 8.04 ANIMAL CONTROL
8.04.330 Impoundment—Notice to owner—Holding period.
8.04.340 Redemption and disposition of animals other than livestock.
8.04.350 Adoption of unredeemed animals.
8.04.360 Redemption of livestock.
8.04.370 Sale—Notice required.
8.04.372 Destruction of injured or diseased animals.
8.04.380 Interference with impounding prohibited.
Article V.Violations
8.04.390 Violation—Penalty—Subsequent violations.
8.04.400 Violation T ee abatement B3=c when Hearing Gosts Repealed
8.04.410 Notis€of infraefion Contents Repealed.
8.04.420 N v tro€of infraefion�ReSpOise €q sca Contested determination
eaii Re p ea e
8.04.430 Hearing to eontest deteFminafion of rot•^^etion Proeedure Repealed.
8.04.440 Payment of pen 'ty Repealed.
8.04.450 Severability.
Article I.General Provisions
8.04.010 Definitions.
In construing the provisions of this chapter, except where otherwise plainly declared or clearly apparent from the
context,words used herein shall be given their common and ordinary meaning. In addition,the following definitions
shall apply:
1. "Abatement'means the termination of any violation by reasonable and lawful means determined by the animal
control authority to seek and obtain compliance with this chapter.
2. "Adult dog"means one of either sex,altered or unaltered,that has reached the age of six months.
3. "Animal control authority"means the Port Townsend police department and the jefferson room,.anima'
state,(XAS),aefing alone or in eoneei4 with the Port Townsend poliee depai4ment for enfereement of the animal eontfol
laws of the eity,the eott4y and the and the shelter and welfare of anima4 any contracted service providers.
4. "Animal control officer"means any individual employed,contracted or appointed by the animal control authority
for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensing of
animals,control of animals or seizure and impoundment of animals and melt ass any state or ^'peaee
seiztffe and t,l6ng into ^,stody of any anima4.
5. "At large"means off the premises of the owner or not under restraint by leash.
6. "Cat'means a member of the species Felis catus and commonly known as the domestic cat.
6. "GatteFy"means a plaee where fetir or more adtift eats are kept,whether by owners of the eats or by persons
providing f4eilifies and eare,whether or not for eonTensation,btit not ineltiding small animal hospital,elinie or pet
shop. An adtift eat is one of either sex,altered or unaltered,that has reaehed the age of six mo4hs.
7. "City"means the city of Port Townsend.
"Companion animal"means any species of animal commonly kept by inhabitants of Washington State as a pet or for
companionship,except that snakes exceeding 8 feet in length,venomous reptiles(regardless of whether the venom
glands have been removed), and venomous amphibians(regardless of whether the venom glands have been
removed)are not domestic animals,even if such animals are commonly kept by inhabitants of Washington State
pets or for companionship.
8. "County"means Jefferson County.
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Chapter 8.04 ANIMAL CONTROL
9. "Dangerous dog"means any dog that according to the records of the animal control authority: (a)has inflicted
severe injury on a human without provocation while on public or private property as defined in Chapter 16.08 RCW;
(b)has killed a domestic animal without provocation while off the owner's property; or(c)has been previously
found to be potentially dangerous,the owner has received notice of such potential and the dog subsequently
aggressively bites, attacks,or endangers the safety of humans or domestic animals.This definition shall not include
a police dog as defined in RCW 4.24.410.
"Dog"means a member of the species Canis lupus familiaris and commonly known as the domestic dog.
10._ ,
sheep or hurt or other animal made to be domestic.
11."Harboring,keeping,or maintaining an animal"means performing any of the acts of providing care, shelter,
protection,refuge,food,or nourishment in such manner as to control the animal's actions,or,that an animal is
treated as living at one's house by the homeowner.
12."Infraction"means a non-criminal violation of any of the provisions of this chapter.
13."Juvenile"means any dog or cat,altered or unaltered,that is under the age of six months.
14."Kennel,animal"means"many site where€four or more adult dogs or eats or other smal companion
animals over the age of one are kept,whether such keeping is s for pleasure,profit,breeding,or exhibiting,including
places where said animals are boarded,kept for sale,or hire.:
15. ,
H„t not inei, ding a mail animal hospital or clinic,pet shop or shelter.
b. "Hobby kennel"means a noncommercial kemel at or a0joining a private residence where adult dogs are kept
for pwToses other than breeding as a primaFy interest, sneh as for 1pdnfing or organized field tfials,obedience or
conformation eonTefifion.
"Leash"shall mean a cord,strap,or chain of sufficient strength to prevent the dog from violating PTMC 9.02.165.
For purposes of this definition,"leash"does not include an electronic leash or other similar device where a
competent person in control of the animal is not holding a cord, strap,or chain directly attached to the animal.
165."Livestock"means domesfic-animals,such as horses,cattle pigs,goats or poultry,kept for their services or
raised for food and other products.,sheep,goats,swine,reindeer,donkeys mnles,llamas,and other domestic
mammals andlor few!that ha-ve intfinsie valne,as distinguished from pet valne.
176."Owner"means any person,firm eoFporali,n organization, or department,possessing,h,,.-b,Frog keep;n-rt
having an interest in or right of possession,or having control or custody of any animal.By reason of the animal
being seen residing consistently at a location,a person may be reasonably presumed to be the owner.
18-7."Packs of dogs"means a group of two or more dogs running at large npo either ptib ie or ate property not
that of its their oo—ne—, a state in which either its their control or ownership is in donbt or cannot readily be
ascertained,and when sneh dogs are not restfained or eontfolled..
199."Person"includes an individual,partnership,firm,joint stock company,corporation,trust or association or
other legal entity.
2043."Potentially dangerous dog"means any dog that when unprovoked: (a)bites a human or a domestic animal
either on public or private property; 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)any dog with a known propensity,tendency or
disposition to attack unprovoked,to cause injury or otherwise to threaten the safety of humans or domestic animals.
218."Securely enclosed"and"securely confined"shall have the same meaning:kept within a pen or structure which
has secure sides and a secure top which prevents the entry of young children and is designed to prevent the animal
from escaping. Such pen or structure shall provide protection from the elements for the animal.If the pen or
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Chapter 8.04 ANIMAL CONTROL
structure does not have a bottom seamed to the sides,then the sides shall be embedded in the ground no less than
one foot.
2247."Shelter"means a facility which is used to house or contain stray,homeless,abandoned or unwanted animals
and which is owned,operated or maintained by a public body, an established humane society, animal welfare
society, society for the prevention of cruelty to animals or other nonprofit organization or person devoted to the
welfare,protection and humane treatment of animals.
232."Small animal husbandry(commercial)'means the raising of mink,fox,nutria,rabbits,pigs, sheep,goats,
chickens,turkeys, guinea hens and similar small animals and fowl not for the primary consumption of or used by the
occupants of the premises.
24-3."Small animal husbandry(noncommercial)'means the raising of small animals for the primary consumption of
or used by the occupants of the premises.22."Uneo fine "moans not° rely eonfined indoors or in a seettrely
enelosed and loeked pen or stmetwe"on the premises of the person owning,harboring,or ha-ving the eare of the
awl.
254."Stables,private"means an accessory structure providing shelter for horses,ponies,etc.
the i3remises of the i3erson owninf4,harborin��,oF ha-vinf4 the eare of the animal."Under eontfol"means the animal,
while off a leash andlor off the owner's premises,is under voiee andlor signal eopArol so as to be thereby restrained
ffom approaehing any bystander or other animal and ffom eatising or being the eatise of pl+ysieal propeFty damage.
"Voiee eontfol"means immediate and reliable obedienee to any voiee or sotind eomm-and f4iven by the owner or
26."Wild or exotic animal"means any or all of the f llo i animals,whether bred in the wild or in
also any or all of their lwbi4ds with domestie speeies. it is,not the intent Aeft f-h-js see-flon-to ineltide domestieated
horses,eows, shoo 3 or llamas of the animals liste below. The words in e theses are intended to
only and-ffe of to be eonstmed as being-an o..l,.,,,st;„o list or to otl,eF ; e limit the f4eneralit-,of
eaeh f4row of animals:
A 1.To 1,,,m.,n 3 m.,tes and 3 s/s,,..1, as..1,i 3anzees nkel,�l•
G. (''.,ni ice ineludinf4 wolf 1 ,1.rids and o oat.i.mest;...,to.i .i.,.t�•
D TT,sids(be
o.,.-mil•
E.Elei3hanls,
F. ot,,..eans(marine mammals, ,..1, as whales.dolphins. otters seals.an � ., 1;.,.��1•
T Snakes.,.-,.i o,�t;low•
j. ales/s,,..1, as 1,; 3ot,,wms ,-1,;n.,..eros f4iraffe, eamel,.col..-., .ioo.-l•
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Chapter 8.04 ANIMAL CONTROL
L. 1\M„steli ds(s,,..b, as skii ks weasels, otters and 1.adf4ers)-.
N. ont.,tes/s,,..b, as anteaters, sloths and armadillos -
0.ViveFFi ds/s,,..b, as monf400ses, eivets, .�.d .t .�ot�l•
l
0. Rai3tors or birds of i3rey.
The i3ossession of wild animals: .-ohib e Shall have the same definition as in PTMC 9.44.020.(Ord. 3023 §
1(Exh. A),2009; Ord.2547 § 1, 1996; Ord.2114 §§ 1,4, 8, 1988; Ord.2056 § 1, 1986; Ord. 1969 § 1, 1983).
8.04.015 State statutes adopted by reference.
The city adopts by reference, as now or hereafter amended,the following chapters of RCW Title 16: Chapters 16.08,
Dogs; 16.24, Stock Restricted Areas; and 16.52,Prevention of Cruelty to Animals.Provisions of this code
supplement and add to state statutes. In the event of any conflict between these statutes and any provision of this
code,the state statute shall apply. (Ord. 3023 § 1(Exh.A),2009).
8.04.020 Fees and fines deposited in expense fund.
All fees and fines collected under this chapter shall be deposited in the city current expense fund. (Ord.3023 §
1(Exh. A),2009; Ord. 1969 §43, 1983).
8.04.025 Adopted by reference includes amendments and additions—Copies of materials adopted by
reference.
Other statutes,ordinances, schedules,eedescodes or regulations that are referenced in this chapter or adopted by
reference are hereby incorporated herein,and include all amendments and additions thereto. Copies of materials
adopted by reference shall be maintained in the city clerk's office and shall be available for use and examination by
the public,and shall be made available for purchase at the city clerk's office. (Ord.3023 § 1(Exh.A),2009).
Article 11.Licenses
8.04.030 Dog license—Required.
It is unlawful for any person to own,k€€pkeep,or have control of any dog over the age of six months in the city
unless the person,f4 eoFporalion,organization or depaAmen has procured a license was provided in this
chapter. (Ord. 3023 § 1(Exh. A),2009; Ord. 1969 §25, 1983).
8.04.040 Dog license—Fees—Waived when.
A.The following fees shall be paid for licenses under this chapter:
1. For each dog spayed or neutered(upon proof of spaying or neutering),the fee in the fee schedule adopted by
Jefferson County for this license or service;
2. For each dog not spayed or neutered,the fee in the fee schedule adopted by Jefferson County for this license
or service.
B.Notwithstanding stibseetion " of this seefion—, Licenses and tags shall be provided free of charge by the city to
hearing aid dogs properly trained to assist the hearing-impaired and to guide dogs properly trained to assist blind
persons when such dogs are actually being used to assist the hearing-impaired or blind person in the home or in
going from place to place;to dogs being currently trained for such purpose in a school or program approved or
accredited by a professional organization or association,either for profit or not for profit; and to young dogs being
raised,to be trained on reaching maturity as guide dogs,under the 4-H program known as"Guide Dogs for the
Blind."Licensing agents,in writing such licenses, shall insert the words"Hearing Aid"or"Guide Dog"in the space
allotted for,and in place of, a stated fee. (Ord.3023 § 1(Exh.A),2009; Ord.2188 § 1, 1990; Ord. 1969 § 26, 1983).
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Chapter 8.04 ANIMAL CONTROL
8.04.050 Dog license—Issuance—Tags—Tattoos.
A. Licenses shall be issued by jefferson r,,,,nty animal s s(J n ethe City or its` its-��agents to
persons applying therefor upon payment of the license fee as provided in PTMC 8.04.040_,^�a—a r A tag shall
be issa€issued-a4-a_—_for each dog licensed.
B. The license shall be dated and numbered,and shall bear the name of the city,the name and address of the owner
or keeper of the dog licensed,the name of the dog,and a description of the dog,including its age and sex.The tag
shall bear a serial number corresponding with the number on the license.
C.It shall be the duty of every owner or keeper of a dog to keep a substantial collar on the dog and attached firmly
thereto the license tag for the current year;provided,that this provision shall not be maintained to apply to a hunting
dog in a controlled hunt by a competent person or to show dogs on the show grounds or to dogs engaged in formal
obedience training.
D. As an alternative to a license tag,an animal may be identified as licensed by being tattooed on its inside ear or on
its inside thigh or groin with a permanent license number approved and on file with the animal licensing agent.
E.jGAS,and its employees and agents,are atAhorized agents of the efty for pwToses of selling dog and keme!
(Ord.3023 § 1(Exh. A),2009; Ord. 1969 §28, 1983).
8.04.060 Dog license—Available when.
Dog licenses shall be made available to applicants for a two-year period from the date of purchase.Dogs wearing
expired licenses may be seized and impounded. (Ord.3023 § 1(Exh.A),2009; Ord. 1969 § 27, 1983).
8.04.070 Dog license—Due when—Late penalty.
Repealed by Ord. 3023. (Ord. 1969 § 27, 1983).
8.04.080 Lost tags—Replacement fee.
Lost tags may be replaced by a substitute identification tag upon payment of the fee in the fee schedule adopted by
Jefferson County for this fee or service. (Ord.3023 § 1(Exh.A),2009; Ord. 1969 § 30, 1983).
8.04.090 License tag removal unlawful.
It is unlawful for any person other than the owner or keeper to remove a license tag from any dog licensed under the
provisions of this chapter. (Ord.3023 § 1(Exh.A),2009; Ord. 1969 §31, 1983).
8.04.100 Unlicensed dogs—Impoundment.
All dogs not licensed under this chapter,or which do not exhibit the license identification tag as provided in PTMC
8.04.050,are in violation of this chapter and may be seized or impounded. (Ord.3023 § 1(Exh. A),2009; Ord. 1969
§ 32, 1983).
8.04.110 Deg-Animal kennel—License required.
It is unlawful for any person to own, maintain,or operate a kennel in the incorporated area of the city unless
the person has procured a kennel license.Kennel licenses shall be issued by Toff rso r,,,,nty animal se.-
(T The City or
,its employees and agents. (Ord.3023 § 1(Exh. A),2009; Ord. 1969 §33, 1983).
8.04.120 Animal Kennel license—Fees—City authorization required.
A Kennel.The following fee shall be paid for a kennel license under this chapter:
1.The fee in the fee schedule or ordinance adopted by Jefferson County for this license or service regardless of
the size of the kennel operation shall be paid. All kennel licenses granted under this chapter shall be due and
payable the first day of January each year. If the kennel license fee is not paid on or before February 28th of
each year,the applicant shall pay a penalty fee in the fee schedule or ordinance adopted by Jefferson County
for penalty in addition to the regular fee as stated above;provided,the applicant shall not pay the penalty fee if
the applicant has owned,maintained or operated a kennel for one month or less.
2.No kennel license shall be issued without the applicant first obtaining written authorization for such kennel
from the city board of adjust en and presenting such authorization to the licensing agent at the time of
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Chapter 8.04 ANIMAL CONTROL
applying for the kennel license. Such written authorization to the licensing agent at the time of applying for the
kennel license shall not be required in subsequent years unless the location of the kennel has changed.the fee in the fee sehedtile or ordinanee adopted by
B. Hobby Kennels.
1.The following fee shall be paid for a hobby kennel lieense tinder this ehapter:
a.Ten adtiftFive or more eaeh of dogs, eats or other small animals over the age of one or fewer,the fe
the fee sehedtile or ordinanee adopted by jefferson Gotinty for this lieense Or
b. Eaeh additional 10 adtilt dogs or ffaefion f this jefferson(''.,,,.mot., is l;eense., �
2.This shall be payable the first day of ja"aFy of eaeh year.if the keme!heense fee is not paid on or before
FebpdaFy 29th of eaeh year,the appheant shall pay a penalty fee in the fee sehedtile or ordinanee adopted-b�
jefferson Gotinty for penalty for eaeh keme!lieense in addition to the regWar fees as stated above;provided,
the applieai4 shall not pay the penalty fee if the applieai4 has owned,mak4ained or operated a keme!for one
month or loses (Ord. 3023 § ) 2009. Ord. 1969 §zc 1993)
8.04.130 Kennel license—Inspection required.
Prior to the issuance of a kennel license,or the yearly renewal of same,the ehief of poliee City or omits authorized
agent may,between the hours of 9:00 a.m. and 5:00 p.m.,upon notice, enter the premises of the applicant and make
a personal inspection to ascertain the number of dogs,cats or other small animals maintained by the applicant,to
determine if the applicant has proper facilities to maintain and care for such dogs,cats or other small animals,and to
determine if the applicant is providing the dogs,cats or other small animals with the necessary sustenance and drink.
Entry for such inspection shall not constitute a trespass.Upon issuance of the kennel license,the premises of the
licensee may be subject to inspection upon the same conditions as above,for the reasons stated in this section. (Ord.
3023 § 1(Exh. A),2009; Ord. 1969 §36, 1983).
8.04.140 Kennel license—Dogs to be tagged.
Repealed by Ord. 3023. (Ord. 1969 § 34, 1983).
Article 111.Regulations
8-04150 Leash requirements:--22n.
No A:dog shall be peFmitted to be at large off the premises of the owner of the dog exeept when kept"on a leash
not more than eigI4 feet in leng�h held by a person of reasonable age and diserefioi+where speeifleall
Violation of this seetion eonsfittAes an Class eivil inffaefion. (Ord. 3023 § A),2009; Ord. 1969 § 13,
l9
8.04.160 Running-Animals at large prohibited.
A.Unless otherwise allowed by this Section,it is unlawful for any person to allow an animal to be at large.
B. A dog may be at large in the following parks:
1. Dog Park at Chetzemoka;
2. Sather Park;
Additionally, a dog may be at large on City beaches unless specifically prohibited.
C. Any animal in violation of this section is declared to be a nuisance and may be immediately seized and
impounded;
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Chapter 8.04 ANIMAL CONTROL
it is tinlawfit!for the owner or person ha-ving eontfol of any domestieated animal to stiffer or peFmit it,Whether
lieensed or not,to Ftin at large to any park,or to enter any ptiblie beaeh,pond,fetintain or stfeam therein,oF epop,
any ptiblie playgrotind or sehool grotind,or in any ptiblie Wilding.Aqy animal so straying, entering or tf espassin-g-
tipon stieh property is deelared to be a"isanee and shall be immediately seized and impotinded;provided,that this
seetion shall not prohibit a person ff om walking or exereising an animal in a ptiblie paFk or on a ptiblie beaeh when
stieh an animal is on leash,or tinder eontf ol by a eompetent person,and proper safegtiards are taken to proteet the
ptiblie and p- --,uFy or damage ff om the animal;provided ftirther,any person wall6ng or P-1111——
animal in aFk shall ha-ve the animal on a leash(exeept for any area or areas in Chetzemoka Park
speeifieally designated and signed to allow animals to be off leash). (Ord. 3023 § 1(Exh.A),2009; Ord.2963 § 1,
2008; Ord. 1969 § 4, 1983).
8.04.170 Running in packs prohibited.
It is unlawful for any owner-person to permit or fail to prevent any animal under that person's control to
run in a pack.The same is a nuisance and any such animal may be seized and impounded. (Ord.3023 § 1(Exh.A),
2009; Ord. 1969 § 11, 1983).
8.04.180 Animals at large "-mod--Impoundment.
Any s animal mat large in the city is a nuisance,and may be seized and impounded.For the pwTos°^�
diseased.this seetion, 'stray animal"means any animal loitering in a neigl+bor400d or ptiblie plaee withotit an apparent owner
or homp. The animal eontfol ffuthority may recttiest that a person recttiesting impotindment tmder this sec4iioen fin-A.
apprehend and seettre stieh animal;provided,that the animal does not gr (Ord.3023 §
1(Exh. A),2009; Ord. 1969 § 12, 1983).
8.04.190 Animal at large s-Release to authorities.
It shall be the duty of each person who shall take into his possession any stra3-at large animal not placed in his
possession by the person having lawful ownership,custody or control thereof, at once to notify the sheriff of
jefferson room,y or the impotinding^tAhor4yCity. It is unlawful to refuse to release such animal to the sheriff-,his
a°.,,,ty or the impo„nding attthori: y Coupon demand and without charge. (Ord.3023 § 1(Exh. A),2009; Ord. 1969
§ 14, 1983).
8.04.195 Mandatory spaying or neutering of adopted animals.
Any person adopting an unspayed or unneutered dog or cat from any animal shelter,pound,humane society or
similar shelter or association in or under contract with the city shall have the animal spayed or neutered on or before
the date to be specified in a written adoption agreement.However,if a licensed veterinarian states in writing that the
date specified in the adoption agreement is inappropriate for the animal in question,the adoption agreement may be
modified accordingly upon submission of a written statement from a licensed veterinarian to the officer at the shelter
or pound who is responsible for ensuring compliance with this section. (Ord.3023 § 1(Exh.A),2009; Ord. 2188 § 4,
1990).
8.04.200 .
A.No person may allow an animal to th9feasonably distt" or interfere with the peaee, eomfort and repose of an�-
person by frequent,repetitive, eonfiFmotts or habittial noise, ineltiding b"ing,howling,yelping,whining or otheF
B. Animal noise shall be exempt from ahis seetion shall not apply to ai+imal noise that Whieh originates from
lawfiffly operated animal shelters,kemels,pet shops or veterinaFy elini
G. Animal noise defined in this seetion is hereby deelared to be a ptiblie dis4wbanee noise and a ptiblie
The"isanee shall be sttbjeet to abatement proeedtires defined by this ek-apter, ineltid4ng seizu e and impotmdment
of the may
D. in addition to any abatement aefion by the eity,violation of this seetion shall eonsfittite a eivil infraefion sttbjeet
8.04.210 Accessible female in heat prohibited when.
It is unlawful for any owner to keep a female a^m�animal,whether liee se ^" iet while in heat,under
circumstances where the animal is accessible to other animals except for purposes of controlled and planned
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Chapter 8.04 ANIMAL CONTROL
breeding. Any such animal,while in heat,accessible to other animals is a nuisance and may be immediately seized
and impounded. (Ord.3023 § 1(Exh.A),2009; Ord. 1969 § 5, 1983).
8.04.220 Chasing or obstructing vehicles prohibited.
It is unlawful for any owner or keeper to suffer or permit any animal to in any manner obstruct,chase,run after or
jump at vehicles lawfully using the public streets,avenues,alleys and ways. The same is a nuisance,and any such
dog may be seized and impounded. (Ord.3023 § 1(Exh.A),2009; Ord. 1969 § 9, 1983).
8.04.230 Injuring property prohibited.
It is unlawful for any owner to suffer or permit any animal to trespass on private or public property so as to damage
or destroy any property or thing of value. The same is a nuisance and any such animal may be seized and
impounded. (Ord. 3023 § 1(Exh.A),2009; Ord. 1969 § 8, 1983).
8.04.240 Harassing pedestrians prohibited.
It is unlawful for any owner to keep or harbor without restraint or confinement any animal that frequently or
habitually snarls and growls at or snaps or jumps upon or threatens persons lawfully upon the public sidewalks,
streets,^'alleys,or public places.The same is a nuisance and any such dog may be seized and impounded. (Ord.
3023 § 1(Exh. A),2009; Ord. 1969 § 10, 1983).
8.04.250 Destruction of injured or diseased animals.
Decodifzed. (See PTMC 8.04.372.)(Ord. 3023 § 1(Exh. A),2009; Ord.2188 § 2, 1990; Ord. 1969 § 15, 1983).
8.04.255 Owner surrender fees.
An owner of any dog eat or othe ^°*companion animal may surrender and relinquish to the animal control
authority, and the animal control authority in its discretion may accept any such dog eat or othe ^°*companion
animal to be placed for adoption or other disposition.In the event that such a pet is surrendered to the animal control
authority,the animal control authority shall request of the owner a donation in the amount of$20.00 per animal,or
$25.00 for a litter,to help in covering the costs of advertisement and processing of an adoption. (Ord.3023 § 1(Exh.
A),2009; Ord. 2188 § 5, 1990).
8.04.260 Quarantine for biting animals.
A. Any animal that bites or otherwise breaks the skin of any person,regardless of whether that person is on public or
private property,may be impounded and quarantined for at least 10 days to determine whether the animal is infected
with any disease that may have been transmitted to the victim.If approved by the impounding authority,the owner
or keeper may quarantine the animal on his/her premises. It is a violation of this chapter to refuse required
quarantine of an animal which has broken the skin of any person.
B. Kennel fees for the quarantine period are to be paid by the owner of the animal,and release of the animal is
conditioned upon payment of these fees. Ownerless animals shall be humanely destroyed and referred to the local
health department for analysis.
C. During the period of any quarantine,the owner or keeper of a quarantined animal shall not allow the animal to
come into contact with any other animal or person or permit such animal to run at large outside of the premises
where quarantined or upon the premises itself unless said premises be enclosed by a secure fence from which the
animal cannot escape. When the fence encloses the access to the premises,the animal must be restricted to leave free
access to those persons lawfully entering the premises. The owner or keeper shall not remove or cause the animal to
be removed from the premises without the prior consent of the health officer.These restrictions shall continue until
the animal is released from quarantine.Any animal found running at large or which is removed from the premises
where quarantined shall be impounded,and unless claimed and redeemed by its owner or keeper within two days
after the expiration of the quarantine period may be destroyed by the proper authorities.Further,a dog under
quarantine which attacks or bites any person or domestic animal while running at large shall be deemed and
automatically declared to be a potentially dangerous dog or dangerous dog under PTMC 8.04.010(9)and/or(19)and
shall be destroyed at the end of the quarantine period,and in addition to any other penalties prescribed herein,the
owner or keeper or person having care of such dog shall be in violation of PTMC 8.04.274 and subject to the
penalties set forth therein.Upon redemption of a dog,cat or other animal released from quarantine from the city
pound,the owner or keeper shall pay the same service fee and board fee for any dog,cat or other animal quarantined
in the city pound as provided for in this chapter;provided,however,that if the animal is brought to the pound by the
Draft Date 01.21.16
Port Townsend Municipal Code Page 10/18
Chapter 8.04 ANIMAL CONTROL
owner or keeper,the service fee shall be waived. (Ord. 3023 § 1(Exh. A),2009; Ord.2114 §3, 1988; Ord.2056 §3,
1986; Ord. 1969 § 16, 1983).
8.04.270 Declaration of dogs as potentially dangerous—Procedure.
A.The city animal control authority shall classify potentially dangerous dogs.The city animal control authority may
find and declare a dog potentially dangerous if an animal control officer has probable cause to believe that the dog
falls within the definitions set forth in PTMC 8.04.010(19).The finding must be based upon:
1.The written complaint of a citizen;or
2. Any dog bite report filed with the shelter or city; or
3. Actions of the dog witnessed by any animal control officer or law enforcement officer; or
4. Other substantial evidence.
B. The declaration shall be served in the same manner as a notice of declaration that a dog is dangerous as set forth
in RCW 16.08.080.
C.If the owner of the dog wishes to object to the declaration,he or she may request a meeting with the police chief
by filing a request for such a meeting not later than 10 calendar days from the date of the notice.No person other
than the dog's owner may object to the declaration.The police chief may order restrictions placed on the dog as set
forth in PTMC 8.04.272,or that the dog be confined or impounded pending the meeting and final decision.
D.The meeting shall be informal,but shall generally be conducted in accordance with the hearing examiner's rules
of procedure.The city shall bear the burden of proving that the dog is potentially dangerous by a preponderance of
the evidence.
E.If the police chief finds the dog is potentially dangerous,he or she may,in addition to the requirements of this
chapter,impose any additional conditions of confinement set forth in Chapter 16.08 RCW,as now exists or as may
be amended hereafter,including,but not limited to,posting of warning signs and maintenance of liability insurance
coverage.The police chief s decision is the final administrative decision of the city. (Ord.3118 § 1,2014).
8.04.271 Dangerous dogs.
There are hereby adopted for the city RCW 16.08.070 through 16.08.100 concerning dangerous dogs,as now or
later amended,which are hereby incorporated by reference and constitute a part of the city's animal control
regulations codified in this chapter,except and in addition as follows:
A. RCW 16.08.080(1)is amended to read as follows:
The City department providing animal control service, and/or another public entity providing
such service in the City pursuant to City contract,is authorized to declare a dog a potentially
dangerous dog or dangerous dog as defined in RCW 16.08.070,and must serve notice upon
the dog owner in person or by regular and certified mail,return receipt requested.
B. "Authority"means the city department providing animal control service,and/or another public entity providing
such service in the city pursuant to city contract.
C. "Local jurisdiction"means the city department providing animal control service,and/or another public entity
providing such service in the city pursuant to city contract.
D. For purposes of RCW 16.08.070 through 16.08.100 concerning dangerous dogs,all functions and authority for
actions authorized by said sections are under the control and authority of the city department providing animal
control service, and/or another public entity providing such service in the city pursuant to city contract.
E.If an owner wishes to appeal a declaration that a dog is dangerous,the appeal must be filed with the city not later
than 10 calendar days after the date of the declaration.The appeal will be heard by the hearing examiner.The
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Chapter 8.04 ANIMAL CONTROL
hearing examiner's decision is the final administrative decision of the city. (Ord.3118 §2,2014; Ord. 3023 § 1(Exh.
A),2009; Ord. 2943 § 1,2007).
8.04.272 Restrictions on potentially dangerous dogs.
A.The owner of a dog that has been declared to be potentially dangerous must register the dog in the same manner
as a dangerous dog as set forth in PTMC 8.04.274.The fee for registering a potentially dangerous dog shall be 75%
of the amount to register a dangerous dog as set forth in fee schedule adopted by Jefferson County for this fee or
service. This registration fee is in addition to regular licensing fees.
ees.
B. While on the owner's property, a potentially dangerous dog shall be restrained by a physical fence,kennel or
sufficiently strong chain,leash or other confinement suitable to prevent the dog from leaving the owner's property
(radio,electronic,or invisible fencing is not considered suitable).
C. While off the owner's property, a potentially dangerous dog shall be under physical restraint of the owner or
other res„„n flA „ P with a leash and a muzzle not more than o gI4 feet i length, tita le for the size and-
strong' and-
streng'h of the dog (Ord. 3118 § 3,2014).
8.04.274 Registration of a dangerous dog.
A. Registration Required.The owner of a dog declared to be dangerous by the animal control authority or by a court
shall register the dangerous dog with the animal control authority pursuant to RCW 16.08.080 within 30 days of the
date the dog is declared dangerous.Thereafter,the owner of the dangerous dog shall register the dog annually before
or during the month of July.
B. Registration Expiration. Certificates of registration for dangerous dogs shall expire on June 30th of each year.
C. Registration Fee.The annual registration fee for a dangerous dog is the fee in the fee schedule adopted by
Jefferson County for this fee or service.This registration fee is in addition to regular licensing fees.
D. Certificate of Registration Application. An application to obtain a certificate of registration of a dangerous dog
shall contain the following information:
1.Name,address,and telephone number of the applicant owner;
2.Type,name,age,color,sex,and distinguishing characteristics of the dog;
3. A diagram to approximate scale, showing the secure enclosure proposed to confine the dangerous dog;
4.Evidence of the posting of the owner's premises with a clearly visible warning sign that there is a dangerous
dog on the property, and a conspicuously displayed sign with a warning symbol that informs children of the
presence of a dangerous dog;
5.Pursuant to RCW 16.08.080,sufficient proof of:
a.A surety bond issued by a surety qualified under Chapter 48.28 RCW in the amount prescribed in RCW
16.08.080,including any amendments or additions thereto payable to any person injured by the dangerous
dog; or
b. Sufficient proof of a liability insurance policy in the amount prescribed in RCW 16.08.080,including
any amendments or additions thereto insuring the applicant owner for personal injuries inflicted by the
dangerous dog.
E.Precertificate On-Site Inspection.An employee of the animal control authority shall make an on-site inspection of
the applicant's site for keeping the dangerous dog to ensure that the site is securely enclosed and posted.The
inspection shall occur within 30 days of the dog being declared dangerous.
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Port Townsend Municipal Code Page 12/18
Chapter 8.04 ANIMAL CONTROL
F.Noncompliance.In the event the owner of a dangerous dog fails to comply with the requirements of this section
or RCW 16.08.080,the animal control authority may take immediate action to confiscate the dog pursuant to RCW
16.08.100.Rules and regulations for notifying owners of the confiscation of a registered dangerous dog shall be
formulated by the animal control authority. In addition,and in accordance with RCW 9A.20.021 and 16.08.100,the
noncompliant owner shall be guilty of a gross misdemeanor.
G. Issuance of Certificate of Registration.The animal control authority shall issue the certificate of registration,if
the registration fee is paid and the application and site inspection show the applicant meets the requirements of this
section and applicable state law. The certificate of registration shall contain its expiration date,and a statement of
the applicable criminal penalties.The certificate of registration shall be prominently displayed by the owner of the
dangerous dog in an appropriate location,as determined by the animal control authority.
H. Annual Inspections.Prior to the renewal of a certificate of registration,the animal control authority shall inspect
the premises where the dangerous dog is kept at a time mutually convenient to both the animal control authority and
the owner of the dangerous dog.The purpose of the annual inspection shall be to ascertain that the site remains in
compliance with this section.The inspection shall occur during the month of June before the expiration of the
certificate of registration. Failure of the owner of the dangerous dog to cooperate in the inspection may result in
confiscation of the dog and further action pursuant to RCW 16.08.100 and subsection F of this section.
L Change of Ownership Prohibited.An owner of a dog declared dangerous shall not sell or otherwise transfer the
ownership,"custody,or residence of the dog without first obtaining a written eottA ordeFpermission from the
City authorizing the transfer. An owner or keeper seeking court approval shall notify the animal control authority of
its intent.In determining whether to grant or deny approval,the eex4--City shall consider the following criteria:
1.The information set forth in subsection D of this section;
2. Any previous violations of this title by the proposed new owner;
3.The facilities(secure enclosure)proposed to contain the dog at its new site; and
4.The characteristics of the neighborhood surrounding the proposed new owner's premises,i.e.,number of
children,schools,day care facilities, etc. (Ord.3023 § 1(Exh. A),2009; Ord.2547 § 5, 1996).
5. If the transfer is outside the City limits,the City shall notify the receiving jurisdiction of the status of the dog
as a dangerous dog,
8.04.276 Penalty for violation.
A. A person who is convicted of violating requirements imposed in accordance with PTMC 8.04.270 or 8.04.271
shall be guilty of a misdemeanor.The maximum penalty shall be a fine in the amount of$1,000,including statutory
fees or incarceration in jail for a period not exceeding 90 days,or both such fine and imprisonment.
B. A person who is convicted of violating requirements imposed in accordance with PTMC 8.04.274 shall be guilty
of a gross misdemeanor.The maximum penalty shall be a fine in the amount of$5,000 including statutory fees or
incarceration in jail for a period not exceeding one year,or both such fine and imprisonment.Further,and in
addition to such penalty,the dog shall be immediately confiscated and impounded by the animal control authority.
C. Any person found guilty of violating PTMC 8.04.271 or 8.04.274 shall pay all expenses,including shelter,food,
veterinary expenses for identification or certification of the breed of the dog,and boarding and veterinary expenses
necessitated by the seizure of any dog for the protection of the public,and such other expenses as may be required
for the destruction of any such dog.In addition,any potentially dangerous dog or dangerous dog,as defined in this
chapter,which attacks a human being or domestic animal may be ordered destroyed at any time pursuant to court
order.
D. In addition to all other penalties and remedies available to the city herein,any dog not controlled in accordance
with PTMC 8.04.271 or 8.04.274 is declared to be a nuisance, subject to the abatement authority of the city of Port
Townsend.The animal control authority shall be authorized to seize and impound any at large potentially dangerous
dog or any dangerous dog found outside a secure enclosure.
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Port Townsend Municipal Code Page 13/18
Chapter 8.04 ANIMAL CONTROL
E.The penalties stated in this section shall not be construed to limit or restrict prosecution of owners of potentially
dangerous dogs and dangerous dogs under circumstances as stated in RCW 16.08.100(2), (3)and(4),as amended.
(Ord.3118 §4,2014; Ord.3023 § 1(Exh. A),2009; Ord.2547 § 6, 1996).
Article IV.Impoundment
8.04.280 Impoundment—Authorized officers—Location.
All confiscation and impounding of animals as provided for in this chapter shall be done by the animal control
authority. Animals shall be impounded in the Jefferson County animal shelter or such other location as approved by
the city manager. (Ord.3023 § 1(Exh. A),2009; Ord.2547 § 7, 1996; Ord. 1969 §2, 1983).
8.04.290 Impoundment—Delegation of authority.
Whenever a power is granted to or a duty imposed upon the Port Townsend police department and/or the chief of
police,that power may be exercised or the duty performed by an authorized officer under his/her direction,or by a
specially commissioned agent,including but not limited to the animal control authority, as defined in PTMC
8.04.010. (Ord.3023 § 1(Exh. A),2009; Ord.2547 § 7, 1996; Ord. 1969 §3, 1983).
8.04.300 Animal control authority and animal shelter—Interlocal agreement.
The city council may,by interlocal agreement,authorize Jefferson County and Jefferson County animal control
services to act as the city's animal control authority, and to provide animal shelter services on behalf of the city.
(Ord.3023 § 1(Exh.A),2009; Ord. 2547 § 7, 1996; Ord. 1969 § 17, 1983).
8.04.310 Animal control authority—Duties.
The animal control authority shall have all duties as defined by interlocal agreement and city ordinance,and shall be
authorized to confiscate and impound all animals subject to confiscation or impoundment as prescribed by city
ordinance, and such animals shall be provided with proper care,feedfood and water while so confined.The animal
control authority shall collect and dispose of all dead animals found on public lands in the city, and,if the owner is
known,areasonable fee may be collected therefrom for such services. (Ord. 3023 § 1(Exh. A),2009; Ord.2547 § 7,
1996; Ord. 1969 § 18, 1983).
8.04.320 Enforcement—Police powers of animal control authority employees.
Designated employees of the animal control authority over the age of 21 years may be made special city police
officers and charged with the duty of enforcing all ordinances of the city and the statutes of the state relating to the
care,treatment,control,confiscation,impounding and licensing of animals. A special police officer's commission
shall be issued to such employees by, and at the discretion of,the chief of police and may be revoked at the will of
the chief of police, and when so revoked, such appointment shall cease and be null and void. (Ord.3023 § 1(Exh.
A),2009; Ord. 2547 § 7, 1996; Ord. 1969 § 19, 1983).
8.04.330 Impoundment—Notice to owner—Holding period.
A. When any animal is confiscated and impounded under the provisions of this chapter,the animal control authority
shall as soon as feasible notify the owner,if the owner is known,of such confiscation and impoundment and the
terms upon which the animal can be redeemed. If the owner of the animal so confiscated and impounded is
unknown,then the animal control authority shall make all reasonable efforts to locate and notify the owner of the
impounding of the animal.
B. Any animal so impounded shall be held for the owner at least five days. (Ord.3023 § 1(Exh. A),2009; Ord.2547
§ 7, 1996; Ord. 1969 § 20, 1983).
8.04.340 Redemption and disposition of animals other than livestock.
A.The owner of any animal, except livestock,which is impounded may redeem it subject to the following
conditions:Payment of the fee in the fee schedule adopted by Jefferson County for this fee or service,plus meet
other conditions for release of animal.
1. In addition to the impound fees,the owner shall also pay any and all unpaid license fee or fees in the case of
a dog;
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Port Townsend Municipal Code Page 14/18
Chapter 8.04 ANIMAL CONTROL
2. For all impounded animals,the owner shall pay prior to redeeming the animal the fee in the fee schedule
adopted by Jefferson County for this fee or service,for board,care and feeding of the animal during the
impound period.
B. If the animal is not redeemed by the owner within five days,the animal control authority, after complying with
PTMC 8.04.330,may take the following action:
1. Hold the animal for an additional length of time for the owner;
2. Sell the animal as a pet to another person; or
3. Destroy or otherwise dispose of the animal.
C.If the animal is diseased such as to be an imminent threat to the public health or other animals,the animal may be
immediately destroyed;provided the animal control authority has made a reasonable attempt to locate and notify the
owner.Veterinary consultation at the discretion of the animal control authority may be provided.
D. For dogs and cats impounded the first time,the animal control authority may waive the impound fee for any such
animal which is not spayed or neutered if,prior to the release of the animal,the owner volunteers the animal for
spaying or neutering,deposits the fees for the spaying or neutering with the animal control authority, and the animal
is spayed or neutered on or before a date specified in writing by the animal control authority or its agent.
E.For dogs and cats not spayed or neutered which are impounded a third time,the animal control authority shall
require that the animal be spayed or neutered as a condition of its release to the owner on or before a date specified
in writing by the animal control authority or its agent,and the owner shall deposit with the animal control authority,
in addition to any other applicable fees,the fee for spaying or neutering of the animal.
F. In connection with the impoundment and redemption of dogs and cats not spayed or neutered,the animal control
authority shall also do the following:
1. After the first impound and upon redemption,provide the owner with a notice,in a form established by the
animal control authority,which shall include an acknowledgment by the owner that it does not want the animal
spayed or neutered and have impound fees waived,if such is the case; that the animal will be required to be
spayed or neutered upon the third impound of the animal within 12 months; and that the owner will have to pay
all applicable fees and spay or neuter fees as a condition to redemption of the animal.Receipt of this notice
shall be acknowledged by the owner in writing prior to redemption of the animal;
2. After the second impound within 12 months of the first,and upon redemption,a copy of the notice set forth
in subsection(F)(1)of this section shall again be provided to the owner, specifying that this is the second
impound within 12 months.The receipt of this notice shall be acknowledged by the owner in writing prior to
redemption;
3. After the third impound within 12 months of the first,and upon redemption,a copy of the notice described in
subsection(F)(1)of this section and specifying that this is the third impound within 12 months shall again be
provided to the owner,and shall include a date by which the owner shall have the animal spayed or neutered.
The receipt of this notice shall be acknowledged by the owner in writing prior to redemption.
G. Failure of an owner to have its animal spayed or neutered on or before the date specified by the animal control
authority pursuant to this section,or failure by the owner to do so as may otherwise be required by this chapter,shall
be a violation and punishable as set forth in PTMC 8.04.390. (Ord. 3023 § 1(Exh. A),2009; Ord.2547 § 7, 1996;
Ord.2188 §3, 1990; Ord. 1969 §21, 1983).
8.04.350 Adoption of unredeemed animals.
Any dog,cat or other household pet which has not been redeemed, and which is subject to being destroyed under the
terms of this chapter,may, at the option of the animal control authority,be retained and placed for adoption upon
such terms and conditions as the animal control authority may deem appropriate. (Ord. 3023 § 1(Exh. A),2009; Ord.
2547 § 7, 1996; Ord. 1969 §23A, 1983).
Draft Date 01.21.16
Port Townsend Municipal Code Page 15/18
Chapter 8.04 ANIMAL CONTROL
8.04.360 Redemption of livestock.
The owner of any harse eo ^oat� livestock may redeem it within 72 hours from the time of its
impoundment subject to the following conditions:
A.Payment of an impound fee in the fee schedule adopted by Jefferson County for this fee or service;
B.Payment of fee for board of the animal during the impound period beyond the first day of impoundment in the fee
schedule adopted by Jefferson County for this fee or service;
C.In the case of a horse eow or other similar domestie animallivestock for which special transportation has been
utilized,payment of a transportation fee in the fee schedule adopted by Jefferson County for this fee or service.
(Ord.3023 § 1(Exh.A),2009; Ord. 2547 § 7, 1996; Ord. 1969 §22, 1983).
8.04.370 Sale—Notice required.
Any horse eow, sheep goat or^th livestock not claimed and released upon required payment shall,at the
expiration of 72 hours,be sold at public auction upon 10 days' notice published in the city official newspaper,
setting forth the time and place and describing the animal with reasonable certainty, and stating the name of the
owner,if known,and if unknown,so stating. A copy of such notice shall be served upon the owner,if known to the
animal control authority, at least one day before the sale.The animal control authority shall deduct from the
proceeds of sale all expenses of feeding and caring for the animal and all expenses of advertising and selling the
same,and shall retain the balance in reserve for six months from date of sale, and if unclaimed at the expiration of
such period it shall revert to the animal control authority for operation of the animal shelter.No such money shall be
paid any claimant except upon proof satisfactory to the animal control authority that he/she is entitled to the same.
(Ord.3023 § 1(Exh.A),2009; Ord. 2547 § 7, 1996; Ord. 1969 §23, 1983).
8.04.372 Destruction of injured or diseased animals.
A. Any animal suffering from serious injury or disease may be destroyed by the animal control authority;provided,
that the animal control authority shall notify the owner prior to destruction,if the owner is known,and,if the owner
is unknown,make a reasonable attempt to locate and notify the owner.Veterinary consultation at the discretion of
animal control authority may be provided.
B. At the request of the owner,and upon satisfactory proof of ownership,the animal control authority may destroy
any dog,cat or other pet suffering from serious injury, advanced age,or disease.
C.The following fees shall be paid by the owner for services described in subsections A and B of this section: for
each animal destroyed,the fee in the fee schedule adopted by Jefferson County for this fee or service. (Ord. 3023 §
1(Exh. A),2009; Ord.2547 § 7, 1996).
8.04.380 Interference with impounding prohibited.
Any person who opens the Jefferson County animal shelter or attempts to remove any animal impounded without
permission,or in any way tampers with or damages the Jefferson County animal shelter,or who hinders,delays or
impedes any officer in enforcement of the impounding provisions of this chapter commits a violation punishable as
provided in PTMC 8.04.400 and/or under other applicable criminal laws. (Ord.3023 § 1(Exh.A),2009; Ord. 2547 §
7, 1996; Ord. 1969 §24, 1983).
Article V.Violations
8.04.390 Violation—Penalty—Subsequent violations.
Except as provided in PTMC 8.04.260, 8.04.274 and 8.04.276,any person who violates any provisions of this
chapter shall shave committed a civil penal infraction.The penalty first violation shall be$114.0 a
Class Civil infraction.This^ na+-,shall not be stispended or deferred.The penalty for a second violation of the
same section of this chapter shall be$206.00a Class Civil infraction.The penalty violation of the same
section of this chapter shall be$309.00a Class Civil infraction.The penalties for seeon and third violations or
any portion of those penalties may be redneed, stispended or defeFFed in the diseretion of the shall be inclusive
of any mandatory statutory assessments. For each violation of a continuing nature, each day shall constitute a
separate offense. A notice of civil infraction may be issued by the chief of police or his appointed officers or by a
specially commissioned police officer.In the case of violations of PTMC 8.04.260, 8.04.274,and 8.04.276,the
Draft Date 01.21.16
Port Townsend Municipal Code Page 16/18
Chapter 8.04 ANIMAL CONTROL
violations shall be prosecuted in accordance with applicable criminal court rules,and the city may also proceed
under PTMC 8.04.400 to abate any such violation or violation constituting a nuisance. (Ord.3023 § 1(Exh.A),
2009; Ord.2547 § 8, 1996; Ord.2056 §4, 1986; Ord.2036, 1986; Ord. 1969 § 37, 1983).
8.04.400 Violation—Nuisance abatement By eity when Hearing–costs
A. Any person violating any of the provisions of this ehapter in the keeping or mainlenanee of a
defined in this ehapter may, in addition to the penalty provided for in PTN4G 9.04.390,be ordered by the eotti4 in
stieh aefion to fort4with abate and remove stieh"isanee. if the same is not done by the owner or keeper within a
reasonable amotint of time as deteFmined by the eotti4,the same shall be abated and removed tinder the direetion Of
any offieer ffuthorized by the order of the eotirt.
may recttiest a hearing for the peTose of determining whether an order of abatement shotild isstie.
G. A4ien stieh"isanee has been abated by any offieer or atithorized agent of the eity,the eosts and e"enses shall
be taxed as pai4 of the eosts of the aefion against the paFty. in all eases where an offieer is authorized by the eowt to-
abate any stieh Fmisanee,he/she shall keep an aeeottnt of ail e"enses attending stieh abatement.in addition to other
powers herein given to eolleet stieh eosts and e"enses,the eity may bring sttit for the same in any eotirt of
eompetent jtffisdietion against the person keeping or maintaining the Fmisanee so abated. (Ord. 3023 § A),
2009; !l.-.1 2547 § 4 1996; (l.-.1 1060 § 24 1993)
8�4 410 ofinf.., ion !'on
r.rr��t�E @vrrmrzcE�ivn---cvirten-ts.
A. A notiee of inffaefion represents a deteFminalion that violation has been eommitted.The determination will be
final,.gloss ntestea as „provided in this ,.I,apte.-
B. A Washington Uniform Gowt Doeket Citation may be tised as the form for the notiee of infraefion,and shall
ineltide the following:
1. A statement that the notiee represents a deteFminafion that an infraefion has been eommitted by the person
named in the notiee and that the deteFminafion shall be final tinless eontested as provided in this ehapter;
2. A statement that an infraefion is a noneriminal offense feF whieh inTFisonfflent may not be imposed as a
sanetion;
4 n statement of the m .motaFy penalty established for the i f:-.,e fion;
5. A statement of the options provided in this ehapter for responding to the notiee and the proeedtires neeessaFy
to v e these options;
6. A statement that,at any hearing to eontest the deteFminafion,the eity has the btffden of proving by a
preponderanee of the evidenee that an infraefion was eommitted,and that the person may stibpoena witnesses,
7. A statement that a+any hearing recttiested for the pwpose of examining mitigating eiretimstanees stffotinding
the eommission of the infraefion the person will be deemed to ha-ve eommitted the infraefion and may no�-
stibpoena it
9. A statement,whieh the person shall sign,that the person promises to respond to the notiee of inffaefio
one of the ways provided in this ehapter;
9. A statement that failwe to respond to a notiee of inffaefion as promised is a misdemeanor and may be
1993).
Draft Date 01.21.16
Port Townsend Municipal Code Page 17/18
Chapter 8.04 ANIMAL CONTROL
8.04.420 Notiee of infraetion Response required Contested determination Hearing;
A. Any person who reeeives a notiee of inffaefion tmder this ehapter shall respond to stieh notiee as provided in this
seetion within 15 ealendar days of the date of the notiee.
B. if the person deteFmined to ha-ve eommitted the infraefion does not eontest the determination,the person shall
respond by eomplefing the appropriate portion of the notiee of infraefion and stibmiffing it, either by mail or in
person,to the eotirt speeified on the notiee. Payment in the amotti4 of the penalty preseribed for the inffaefion ffltfst
be stibmitted with the response. A4ien a response whieh does not eontest the deteFminafion is reeeived,-flw
appropriate order shall be ei4ered in the eotirt's reeords.
G.if the person deteFmined to ha-ve eommitted the infraefion wishes to eontest the deteFminafion,the person shall
respond by eomplefing the portion of the notiee of infraefion re"esting the hearing and stibmiffing it either by mail
to the eotti4 speeified on the notiee.The eotti4 shall notify the person in writing of the time,plaee and
and that date shall not be sooner than seven days from the date of the notiee, exeept-�
D. if the person determined to ha-ve eommitted the inffaefion does not eontest the deteFminafion btit wishes to
e"lain mitigating eirethmstanees stff otmding the infraefion,the person shall respond by eomplefing the portion of
the notiee of infraefion re"esting a hearing for that pwTose and stibmiffing it,either by mail or in person,to the
eotirt speeified on the notiee.The eotirt shall notify the person in writing of the time,plaee and date of the hearing.
E.if any person isstied a notiee of infraefion fails to respond to the notiee of inffaefion as provided in stibseetion B
of this seetion, or fails to appear a+a hearing re"ested ptwsttant to stibseetion G or D of this seetion,the eotirt sha14-
enter an appropriate order assessing the monetaFy penalty preseribed for the infraefion and any other penalty
ff th.,rize.l by this ehapter. /(l.-.1 2072 § A\ 7009• (l.-.1 7547 § 4 1996• (l.-.1 1969 § 40 19421
8.0 30 Hearing to eottest determination of iafraetion—groeedur-e:
A. A hearing held for the pwpose of eontesting the deteFminafion that an infraefion has been eommitted shall be
B. Any person sttbjeet to proeeedings tmder this ehapter may be represented by eotinseh
appear,
notwithstanding any ,rt to t emot-ffy
D.The offieer who isstied the notiee mttst appear at stieh hearing if stibpoenaed,and may stibpoena witnesses. The
person named in the notiee may stibpoena witnesses, ineltiding the offieer,and also has the rigI4 to present evidenee
and examine witnesses present in ttA
E.The btirden of proof is"on the eity to establish a eommission of the infraefion by a preponderanee of the
evidenee.
F. After eonsideration of the evidenee and argthment,the eotti4 shall determine whether the infraefion was
eommitted.A4iere it has not been established that the infraefion was eommitted,an order dismissing the notiee shall
be entered in the eottWs reeords.Where it has been established that the infraefion was eommitted,an appropriate
order shall be entered in the eotirt's reeords-,
G. An appeal ff om the eotirt's determination or order shall be to the s"erior eotirt. Stieh appeal shall be taken in
eotirt is sttbjeet only to diseretionaFy review ptirstiant to the R�ules of Appellate Proeedtire. (Ord. 3023 § A)T
7009• Ord. 7547 § 4 1996• (l.-.1 1969 § 41 1942\
Draft Date 01.21.16
Port Townsend Municipal Code Page 18/18
Chapter 8.04 ANIMAL CONTROL
8.04.440 Payment of p,,nalty.
Whenever a monetaFy penalty is imposed by a eotirt tmder this ehapter it is dtie immediately and to be made payabl-e
to the elerk of eotirt.if a person is tmable to pay at that time,the eotirt may, in its diseretion,grant an extension of
the period in whieh the penalty may be paid.All penalties eolleeted by the eotti4 shall be remitted to the eity finane-e
dir€cte-.E, Baled.(Ord.3023 § 1(Exh.A),2009; Ord. 2547 § 8, 1996; Ord. 1969 § 42, 1983).
8.04.450 Severability.
If any clause, sentence,paragraph,section or part of this chapter or its application to any person or circumstance is
held to be invalid or unconstitutional by a court of competent jurisdiction,such order or judgment shall not affect the
validity or constitutionality of the remainder of any part of this chapter.To this end,the provisions of each clause,
sentence,paragraph, section or part of this law are declared severable. (Ord.3023 § 1(Exh.A),2009; Ord. 2547 § 8,
1996; Ord. 1969 § 44, 1983).
Draft Date 01.21.16