HomeMy WebLinkAbout3118 Potentially Dangerous Dogs Ordinance No 3118
Page I of 5
Ordinance No. 3118
.AN ORDINANCE OF THE CITY OF PORT TOWNSEND, AMENDING PORT
TOWNSEND MUNICIPAL CODE CHAPTER 8.04 ANIMAL CONTROL TO
ESTABLISH POLICIES AND PROCEDURES RELATED TO POTENTIALLY
DANGEROUS DOGS AND ESTABLISH AN APPEAL PROCESS FOR DANGEROUS
DOG DETERMINATIONS,AND CHAPTER 9.02 CRIMINAL CODE TO ADOPT OR
REVISE PENALTIES FOR FAILURE TO CONTROL AN ANIMAL
WHEREAS, Chapter 8.04 of the Port Townsend Municipal Code regulates animals
within the City; and
WHEREAS, after reviewing this Chapter, staff recommends updates to provide for due
process to owners whose dogs meet the adopted definition of"potentially dangerous"; and,
WHEREAS, staff further recommends that the City Council adopt a new provision in
Chapter 9.02 of the Criminal Code creating an offense related to failure to control an animal.
NOW, THEREFORE,the City Council of the City of Port Townsend ordains as
follows:
Section 1. Chapter 8.04 of the Port Townsend Municipal Code is amended by adding a
new section, 8.04.270, to read as follows:
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 Section 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 b fig 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 8.04.272, or that the dog be
Ordinance No 3118
Page 2 of S
confined or impounded pending the meeting and final decision.
D. The meeting shall be informal, but shall eg nerally 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 ma yin
addition to the requirements of this chapter, impose any additional conditions
of confinement set forth in RCW 16.08, 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.
Section 2. Chapter 8.04.271 of the Port Townsend Municipal Code is amended by adding
a new subsection, 8.04.271(E)to read as follows:
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
Ordinance No 3118
Page 3 of 5
control service, and/or another public entity providing such service in the city
pursuant to city contract. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2943 § 1, 2007).
E. If an owner wishes to appeal a declaration that a do is s 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 Hearing
Examiner's decision is the final administrative decision of the City.
Section 3. Chapter 8.04 of the Port Townsend Municipal is amended by adding a new
section, 8.04.272 to read as follows:
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
8.04.272.
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 responsible person with a leash not
more than eight feet in length, suitable for the size and strength of the dog_
Section 4. Chapter 8.04.276 of the Port Townsend Municipal Code is amended to read as
follows:
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 or incarceration in
jail for a period not exceeding six moi#hs 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 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
Ordinance No 3118
Page 4 of 5
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.
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. 3023 § 1(Exh. A), 2009; Ord. 2547 § 6, 1996).
Section 5. Chapter 9.02 of the Port Townsend Municipal is amended by adding a new
section, 9.02.165 to read as follows:
9.02.165—Failure to Control Animal
It is unlawful for an owner or person in control of an animal to permit or fail to prevent
any animal when unprovoked on public or private property
1. Bite a human being causing less than severe injury as defined in RCW
16.08.070(3) or bite a domestic animal; or
2. Chase or approach a human, on property other than that of the animal's owner,
in a menacing fashion or apparent attitude of attack, which may include but is
not limited to any one or more of the following behaviors: snarling baring
teeth, growling, snapping, pouncing lunging, attacking or attempting to bite.
The breed of a dog shall not be considered to be evidence of violation of this
section.
3. Violation of this section is a misdemeanor.
Section 6. Subsection 9.02.160(B) of the Port Townsend Municipal Code is repealed in
its entirety.
9.02.160 Dangerous animals—Animals at large—State law adopted.
Ordinance No 3118
Page S of S
A. Dangerous dogs: RCW 16.08.070- 16.08.100, as now or hereafter amended,
is hereby adopted by reference as if set forth in full.
B. D — .mals! Every per-son ha-ving the care or-eustedy of any animal
known to P , icietis or dangerous tendeneies, who allows the same
to escape o at l� pl r liable t� the of tom.
vv vvvury yr run u� iurg�. in uii" endanger
e per-so ,, is guilty of a misdemeanor. (Ora_ 2441§ 16,v,1995—vmd-163-5L*
11, 1972. Fofinefly 9.02.120.).
Section 7. Severability. If any provision of this ordinance or its application to any person
or circumstance is held invalid, the remainder of the ordinance, or the application of the
provision to other persons or circumstances, is not affected.
Section 8. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
Section 9. Effective Date. This ordinance shall take effect and be in force five days
after the date of its publication in the manner provided by law.
ADOPTED by the City Council of the City of Port Townsend at a regular meeting
thereof, held this 3rd day of November, 2014. �y
I Y
David King
Mayor
Attest: Approved as to form:
Joanna Sanders, CMC Steven L. Gross
City Clerk City Attorney