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HomeMy WebLinkAbout1969 Animal Control and Enforcement ORDINANCE NO. /q .~ AN ORDINANCE PROVIDING FOR ANIMAL CONTROL, AND ENFORCEMENT, PENALTIES AND FEES RELATING THERETO, AND REPEALING ORDINANCES1692 and 1937. THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, IN REGULAR SESSION ASSEMBLED, DO ORDAIN AS FOLLOWS: Section l. Definitions. In construing the provisions of this or~'ina~ce, 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) "Adult dog" is one of either sex, altered or unaltered, that has reached the age of six months; (2) "At large" means off the premises of the owner or keeper and no5 under restraint by leash or chain or not otherwise controlled Dy a com~2etent person; (3) "City" means the City of Port Townsend. (4) "Domesticated animal" means those domestic beasts as any dog, cat, rabbit, horse, mule, ass, cattle, goat, sheep or hog, or other animal made to be domestic; (5) "Infraction" means a violation of any of the provisions of this ordinance, (6) "Kennel" means a place where five or more adult dogs are kept: (a) "Hobby Kennel" means a noncommercial kennel at or adjoining a private ~esiden~e where adult dogs are kept for purposes other than breeding as a'primary interest, such as for hunting or organized field trials, obedience or confirmation competition. ' ~ .~(b) "COmmercial Kennel" means a kennel where adult do~s are boarded, bred or trained for compensation, but not including a small animal hospital or clinic, pet shop or shelter. (7) "LivestOck" means horses, cattle, sheep, goats, swine, reindeer, donkeys, mules and llamas. -1- (8) "Owner" means any person, firm, corporation, organization.~ or department having an interest in, or having control or custody or possession of any animal; (9) "Person" includes any person, partnership, corporation, trust or association of persons; (10) "Racks of dogs" means a group of two or more dogs running upon either public or private property not that of its owner or in a stat. e in which either its control or ownership is in doubt or cannot, readily be ascertained, and when such dogs are not restrained or' cont~°li~d. (11)..."un~e:r control" means the animal, while off of a leash and~or off'the owner's premises, is under voice and/or signal control so a~ to be-thereby restrained from approaching any bystander or other animal and from causing or being the cause of physical property damage. (12) "Vicious" means the propensity to do any act that might endanger the safety of any person, animal or property of another, including, but not limited to, a disposition to mischief or fierceness as might occasionally lead to attack onhuman beings without provocation. Section 2. Impouqdin$. All impounding of animals as provided for in this ordinance shallbedonebytheChief of Police or his duly authorized officers and his~..~.agen~$.~ Animals shall be impounded in thatpou~dauthorizedbythe City. Council. Section 3. Enforcement. Whenever a power is granted to or a duty imposed upon the Chief of Police, that power may be exercised or the duty performed by an authorized officer under his direction or by a specially Commissioned agent. Section 4. Runnin~ at large on public property. It is unlawful for the owner or person having control of any domesticated animal to suffer or permit it, whether licensed or not, to run at large to any park, or to enter any public beach, pond, fountain or stream therein, or upon any public playground or school ground or in any public building. -2- Any animal so straying, entering or trespassing upon such property is declared to be a nuisance and shall be immediately seized and impounded; provided, that this section shall not prohibit a person from walking or exercising an animal in a public park or on a public beach when such an animal is on leash, or under control by a competent person, and proper safeguards are taken to protect the public and property from injury or damage from the animal. Section 5. Female in heat. It is unlawful for any owner to keep a f~male domesticated animal, whether licensed or not, while in heat, under circumstances where the animal is accessible to other animals except for PUrposes of controlled and planned breeding. Any such animal, while in heat, accessible to other animals is a nuisance and may be immediately seized and impounded. SectiOn ~6. Harboring vicious or dangerous animal. It is un- lawfUl for' any~owner to keep, harbor or maintain on or off the owner's premises in a manner liable to endanger the safety of persons or property lawfully upon the premises, or upon any street, avenue, alley, public or private place, or to allow to run at large within the ~o~porat~.~ timi~ts~of. ~the_ City,.an¥ ty~e.~o~ vicious, menacing or dangerous animal or an animal with vicious propensities. Any such animal is a nuisance and may be immediately seized and impounded. At a hearing contesting determination of infraction of this section or a mitigation hearing, the court, as a part of the penalty imposed, may determine In its judgment whether or not the animal is vicious or dangerous and whether or not it shall be destroyed or other- wise disposed of. The cost thereof shall be taxed as a part of and collected in the same manner as other costs in the case. ..... ~4~on 7. Howling and Bar.king.~ It is unlawful for an owner ~o keep or harbor any animal which, by frequent or habitual howling, yelping, barking or the making of other noices, annoys or disturbs any person. Any such animal is deemed a nuisance and may be seized and impounded. -3- Section 8. Injury to property. 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. Section 9. Chasing vehicles. It is unlawful for any owner or keeper to suffer or permit any animal to in any manner obstruct, chase, run after or lump at vehicles lawfully using the public streets, avenues, alleys and ways the same is a nuisance and any such dog may be~s~i~ed.and~i~pounded.~ Section 10. Jumping and barking at pedestrians. 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. dog may be seized and impounded. Section 11. Running in Packs. The same is a nuisance and any such It is unlawful for an owner to suffer or permit any animal to run in a pack. The same is a nuisance and any such animal may be siezed and impounded. Section 12. Stray animal. Any stray animal running at large in the City is a nuisance, and may be siezed and impounded. For the purpose of this section, "stray animal" means any animal loitering in a neighborhood or public place without an apparent owner or home. The poundmaster may request that a person requesting impoundment under this section first apprehend and secure such animal, provided that the animal does not appear vicious or diseased. Section 13. Leash Law. No dog shall be permitted to be at large off the premises of the owner of said dog except when kept upon a leash not more than 8 feet in length held by a person of reasonable age and discretion. Violation of this section constitutes an infraction. Section 14. Giving notice of releasing stra.y. It shall be the duty of each person who shall take into his possession any stray animal not placed in his possession by the person having lawful ownership, custody or control thereof, at once to notify the Sheriff of Jefferson -4- County or the impounding authority. It is unlawful to refuse to release such animal to the Sheriff, his Deputy or the impounding authority upon demand and without charge. Section 15. Injured or diseased animals. Any animal suffering from serious injury or disease may be destroyed by the impounding authority; provided, that the impounding authority shall notify the owner prior to destruction, if the owner is known, and if the owner is unknown, make all reasonable efforts to locate and notify the owner, prior to destruction. ~ReasonabLe Veterinary consultation and treatment may be acquired at discretion of impounding officer. Section 16. Quarantine. Any animal that bites or otherwise breaks the skin of any person, regardless of whether that person be on public or private property, may be impounded and quarantined for a least ten (10) days to determine whether the animal is infected with any disease that may have been transmitted to the victim. If approved by the impound- ing authority, the owner or keeper may quarantine the animal on his/her premises. It is a violation of this ordinance to refuse required quarantine of an animal which has broken the skin of any person. Kennel fees for the quarantine period are to be paid by the owner of the animal and release of the animal is condidtioned upon payment of these fees. Ownerless animals shall be humanely destroyed and referred to the local Health Department for analysis. Section 17. Impound Agency. Interlocal agreement between Jefferson County and the City of Port Townsend ~-may~ appoint and declare the official poundmaster of the City. Section 18. Poundmaster -- duties. The poundmas~er shall impound all animals subject to impounding as prescribed by City Ordinance, and such animals shall be provided with proper care, feed and water while so confined. -The poundmaster shall collect and dispose of all dead animals found on public lands in the City, and if the owner is known a reasonable fee may be collected therefrom for such services. -5- Section 19. Poundmaster employees. Designated employees of the poundmaster over the age of twenty-one years may be made special City police officers and charged with the duty of enforcing all ordi- nances of the City and the statutes of the State of Washington relating to the care, treatment, control, impounding and licensing of animals. A special police officers 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. Section 20. Notice of impounding. When any animal is impounded under the provisions of this ordinance, the impounding authority shall as soon as feasible notify the owner, if the owner is known, of such impoundment and the terms upon which the animal can be redeemed. If the owner of the animal so impounded is unknown, then the impounding authority shall make all reasonable efforts to locate and notify the owner of the impounding of the animal. Any animal so impounded shall be held for the owner at least five (5) days. Section 21. Redemption of animal other than livestock. (1) The owner of any animal, except livestock, which is impounded, may redeem it subject to the following conditions: (a) Payment of a $10.00 impound fee together with any unpaid license fee if the animal is a dog; (b) Payment of $ 3.00 per day or part thereof for board of the animal during the impound period. (2) If said animal is not redeemed by the owner within five (5) days, the impounding authority, after complying with Section 20 of this ordinance, may take the following action: Hold the animal for an additional length of time for the (a) owner. (b) (c) (3) Sell the animal as a pet to another person; or Destroy or otherwise dispose of the animal. 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 poundmaster has made a reasonable attempt to --6-- locate and notify the owner. Veterinary consultation at the discretion of the poundmaster may be provided. Section 22. Redemption of livestock. The owner of any horse, cow, goat or other livestock may redeem it within seventy-two (72) hours from the time of its impoundment subject to the following conditions. (1) Payment of a $ 20.00 impound fee; (2) Payment of $ 6.00 per day or part thereof for board of the animal during the impound period beyond the first day of impoundment; (3) In the case of a horse, cow o~ other similar domestic animal for which special transportation has been utilized, payment of a $ 20.00 transportation fee. Section 23. Sale of unclaimed livestock. Any horse, cow, sheep, goat or other livestock not claimed and released upon required payment shall at the expiration of seventy-two (72) hours be sold at public auction upon ten (10) days notice published in the City official newspaper setting forth the time and place and describing the animal with reasonable c~rtainty, 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 poundmaster at least one (1) day before the sale. The poundmaster shall deduct from the proceeds of sale all expenses of feeding and caring for the animal and all expenses of advertizing and selling the same, and shall retain the balance in reserve for six (6) months from date of sale, and if unclaimed at the expiration of such period it shall revert to the poundmaster for operation of the pound. No such money shall be paid any claimant except upon proof satisfactory to the poundmaster that he is entitled to the same. If the animal is injured or diseased such that it could not reasonably be expected to be sold at auction, it may be destroyed or otherwise disposed of; provided the poundmaster has made a reasonable attempt to locate and notify the owner. Veterinary consultation at the discretion of poundmaster may be provided. Section 23A. 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 ordinance, may, at the option of the poundmaster, be retained and placed for adoption upon such terms and conditions as the poundmaster may deem appropriate. Section 24. interference with impounding. Any person who operates o~ens the pound or attempts to remove any animal impounded without permission, or in any way tampers with or damages the pound, or who hinders, delays or impedes any officer in ~nforcement of -7- the impounding provisions of this ordinance commits a violation punishable as provided in Section 38 of this ordinance. Section 25. Dog licenses required. It is unlawful for any person to own, keep or have control of any dog over the age of six months (6) in the City unless said person, firm, corporation, organization or department has procured a license therefor as provided in this ordinance. Section 26. Dog license fee. The following fees shall be paid for licenses upon~t~s ordinance: For each dog spayed or neutered $ 5.00 (upon proof of spaying or neutering) For each dog not spayed or neutered $ 10.00 Provided, that 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. Section 27. Date due. All dog licenses shall be due and payable the first day of JanuaI-/ of each year. If the license fee above provided for is not paid on or before Februa/7 28%h , of each year, the applicant shall pay a penalty fee of %en dollars for each license in addition to the regular fee as stated above; provided, the applicant shall not pay the penalty fee if: (1) The owner has been a resident of the City for thirty (30) days or less or the dog, at the time of application for license, is less than six (6) months of age. (2) The owner has owned, kept or been in control of the dog for thirty (30) days or less or the dog, at the time of application for 8 license, is less than six (6) months of age. Section 28. Issuance of licenses. It shall be the duty of the City Clerk-Treasurer, his appointee, or his authorized agent to issue licenses to persons applying therefor upon payment of the license fee as provided in Section 27 and to issue a tag for each dog licensed. 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 the name of the City, a serial number corres- ponding with the number on the license, and the date of expiration. 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. 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. The Impounding Agent and its employees are authorized agents of the Clerk-Treasurer for purposes of selling dog and kennel licenses. Section 29. Date of Issuance. Dog licenses shall be made available to applicants on December ls% yearly period as defined in Section 27. may be seized and impounded. of each year for the following Dogs wearing expired licenses Section 30. Lost tags. Lost tags may be replaced by a substitute identification tag upon payment of one dollar to the City Clerk- Treasurer, his appointee or his authorized agent. Section 31. Unlawful to remove license tag. It is 6nlawful for any person other than the owner or keeper to remove a license tag from any dog licensed under the provisions of this ordinance. Section 32. Unlicensed dogs -- impoundment. All dogs not licensed under this ordinance, or which do not exhibit the license identification tag as hereinabove provided, are in violation of this ordinance and may --9-- be seized or impounded. Section 33. Dog Kennel license. It is unlawful for any person to own, maintain or operate a kennel in the-~incorporated area of the City unless said person has procured a kennel license. Kennel licenses shall be issued by the C~erk-T~ea~re~, 'his appointee, or his authorized agent. Section 34. Individual kennelL license tag... At the time the kennel license is issued, the person shall also be issued an individual kennel license tag for each dog kept in the kennel. Individual kennel license tags shall not be issued for individual dogs boarded on a limited time basis at a recognized boarding kennel. Section 35. Kennel license fee and date due. (1) Commercial Kennel. The following fee shall be paid for a commercial kennel license under this ordinance: (a) A flat fee of $ 30.00 regardless of the size of the kennel operation. All kennel licenses granted under this ordinance shall be due and payable the first day of Janua~ each year. If the kennel license fee is not paid on or before Feb~ua~ 28%h of each year, the applicant shall pay a penalty fee of fo~%y dollars ($ h0.00 ) 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. (b) No kennel license shall be issued without the applicant first obtaining written authorization for such kennel from the City Board of Adjustment, and presenting such authorization to the licensing agent at the time of applying for the kennel license. Such written authorization to the licensing agent at the time of applying for the kennel license. Such written authorization~shall not be required in subsequent years unless the location of the kennel has changed. (2) Hobby kennels. The following fee shall be paid for a hobby kennel license under this ordinance: Ten (10) adult dogs or fewer ........................ $ 30.00 Each additional ten (10) adult dogs or fraction ..... $ 30.00 thereof -10- This shall be payable the first day of January of each year. If the kennel license fee is not paid on or before Fsbruary ~8~ of each year, the applicant shall pay a penalty fee of Forty dollars ($40.00 ) for each kennel license in addition to the regular fees as stated above; provided, the applicant shall not pay the penalty fee if the applicant has owned, maintained or operated a kennel for one month or less. Section 36. Kennel inspection. Prior to the issuance of a kennel license, or the yearly renewal of same, the Chief of Police or his authorized agent may, between the hours of ~:00 a.m. and ~:OOP-m-, upon notice, enter the premises of the applicant and make a personal inspection to ascertain the number of dogs maintained by the applicant, to determine if the applicant has proper facilities to maintain and care for such dogs and to determine if the applicant is providing said dogs with the necessary sustenance and drink. Entry for such inspection shall not constitute a trespass. Upon issuance of the kennel license, the premises of the licensee may be subject to inspection upon the same conditions as above, for the reasons stated in this section. Section 37. Violations -- penalty. Any person, who violates any provisions of this ordinance shall incur a civil penalty. The penalty for the first violation shall be tendollars ($ 10.00) this penalty shall not be suspended or deferred. The penalty for a second violation of the same section of this ordinance shall be Twenty dollars ($20.00 )- The penalty for a third violation of the same section of this ordinance shall be Thirty dollars ($30.00 )- The penalties for second and third violations or any portion of those penalties may be reduced, suspended or deferred in the discretion of the Court. For each violation of a continuing nature, each day shall constitute a separate offense. A notice of in- frac~i~ay be issued by the Chief of Police or his appointed officers or by a specially commissioned Police Officer. -11- Section 38. Violations -- abatement. Any person violating any of the provisions of this ordinance in the keeping or maintenance of any nuisance as defined in this ordinance may, in addition to the penalty provided for in Section 37, be ordered, by the Court in such action, to forthwith abate and remove such nuisance. If the same is not done by the owner or keeper within a reasonable amount of time as determined by the Court, the same shall be abated and removed under the direction of any officer authorized by the order of the Court. If a person who has been issued a notice of infraction elects not to request a hearing, the City may request a hearing for the purpose of determining whether an order of abatement should issue. When such nuisance has been abated by any officer or authorized agent of the City the costs and expenses shall be taxed as part of the costs of the action against the party. In all cases where an officer is authorized by the Court to abate any such nuisance, he shall keep an account of all expenses attending such abatement. In addition to other powers herein given to collect such costs and expenses, the City may bring suit for the same in any court of competent jurisdiction against the person keeping or maintaining the nuisance so abated. Section 39. Notice of Infraction. (1) A notice of infraction represents a determination that violation has been committed. The determination will be final unless contested as provided in this ordinance. (2) A Washington Uniform Court Docket Citation may be used as the form for the notice of infraction and shall include the following: (a) A statement that the notice represents a determination that an infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in thi~,0~inance; (b) A statement that an infraction is a non-criminal offense for which imprisonment may not be imposed as a sanction; (c) A statement of the specific infraction for which the notice was issued; A statement of the monetary penalty established for the (d) infraction; (e) A statement of the options provided in this ordinance for responding to the notice and the procedures necessary to exercise these options; (f) A statement that at any hearing to contest the determination the City has the burden of proving, by a preponderance of the evidence, that an infraction was committed; and that the person may subpoena witnesses including the officer who issued the notice of infractions; (g) A statement that at any hearing requested for the purpose of examining mitigating circumstances surrounding the commission of the infraction the person will be deemed to have committed the infraction and may not subpoina witnesses; (h) A statement, which the person shall sign, that the person promises to respond to the notice of infraction in'one of the ways provided in this ordinance; (i) A statement that failure to respond to a notice of in- fraction as promised is a misdemeanor and may be punished by a fine or imprisonment in jail. Section 40. Contesting determination of infraction. (1) Any person who receives a notice of infraction under this ordinance shall respond to such notice as provided in this section within seven (7) days of the date of the notice. (2) If the person determined to have committed the infraction does not contest the determination, the person shall respond by com- pleting the appropriate portion of the notice of infraction and sub- mitting it, either by mail or in person, to the Court specified on the notice. Payment in the amount of the penalty prescribed for the in- fraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the Court's records. -13- (3) If the person determined to have committed the infraction wishes to contest the determination, the person shall respond by com- pleting the portion of the notice of infraction requesting the hearing and submitting it either by mail or in person to the Court specified on the notice. The Court shall notify the person in writing of the time, place and date of the hearing, and that date shall not be sooner than seven (7) days from the date of the notice, except by agreement. (4) If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the Court specified on the notice. The Court shall notify the person in writing of the time, place and date of the hearing. (5) If any person issued a notice of infraction fails to respond to the notice of infraction as provided in subsection (2) of this section, or fails to appear at a hearing requested pursuant to sub- section (3) or (4) of this section, the Court shall enter an appropriate order assessing the monetary penalty prescribed for the infraction and any other penalty authorized by this ordinance. Section 41. Hearing. (1) A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without jury. (2) Any person subject to proceedings under this ordinance may be represented by counsel. (3) The attorney representing the City may appear in any proceeding under this chapter but need not appear, notwithstanding any rule of Court to the contrary. (4) The officer who issued the notice must appear at such hearing, and may subpoena witnesses. The person named in the notice may subpoena witnesses, including the officer, and also has the right to present evidence and examine witnesses present in court. (5) The burden of proof is upon the City to establish a commission of the infraction by a preponderance of the evidence. -14- (6) After consideration of the evidence and argument, the Court shall determine whether the infraction was committed. Where it has not been established that the infraction was committed an order dis- missing the notice shall be entered in the Court's records. Where it has been established that the infraction was committed an appropriate order shall be entered in the Court's records. (7) An appeal from the Court's determination or order shall be to the Superior Court. Such appeal shall be taken in accordance with the Justice Court Civil Rules. The decision of the Superior Court is subject only to discretionary review pursuant to Rule 2.3 of the rules of appellate procedure. Section 42. Payment of penalty. Whenever a monetary penalty is imposed by a Court under this ordinance it is due immediately and to be made payable to the Clerk of Court. If a person is unable to pay at that time, the Court may, in its discretion, grant an extension of the perio~ in which the penalty may be paid. All penalties collected by the Court shall be remitted to the City Clerk-Treasurer. Section 43. Fees collected. All fees and fines collected under this ordinance shall be deposited in the City current expense fund. Section 44. 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, and to this end the provisions of this title are declared to be severable. Section 45. Repeal of Ordinances. On ~ the effective date hereof, Ordinancesl692 and 1937, and any other ordinance or portion of ordinance in conflict ~here~ith~ iS~he~e '~nd~r~by repealed. Section 46. Effective date. This ordinance shall be in full force and effect upo9 ~assage, approval and publication as required by law. -15-