Loading...
HomeMy WebLinkAbout3023 Amending Animal Control Regulations and FeesOrdinance 3023 Animal Control Page 1 of 1 Ordinance No. 3023 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PORT TOWNSEND MUNICIPAL CODE, CHAPTER 8.04 -ANIMAL CONTROL, CONCERNING FEES AND UPDATING OTHER PROVISIONS TO REMOVE OUTMODED REFERENCES Recitals: A. Because Jefferson County, through Jefferson County Animal Services (JCAS), provides animal control services to the City by contract, including, all licensing and collection of fees, the Council deems it appropriate, for ease of administration, that fees for animal licensing and services in the City be the same as in Jefferson County. B. The Council further deems it appropriate to update and change certain provisions in PTMC Chapter 8.04 -Animal Control that refer to outmoded references (for example, "clerk-treasurer"), and to change sections of state statutes that have been amended since they were adopted into PTMC Chapter 8.04 -Animal Control (for example, PTMC 8.04.274 concerning surety and liability insurance requirements in RCW 16.08.080). 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 hereby amended to read as follows (text in strikeout is deleted, text in underline is added): See Exhibit A attached and incorporated by reference. SECTION 2. 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. 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, Washington, at a regular meeting thereof, held this nineteenth day of October 2009. Michelle Sandoval, Mayor Attest: Approved as to Form: '~ j ~ . ~ ;,, , Pamela Kolacy, MMC, City Clef John P. Watts, City Attorney Exhibit A to Ordinance 3023 Page 1 of 21 Chapter 8.04 ANIMAL CONTROL Sections: Article I. General Provisions 8.04.010 Definitions. 8.04.015. State Statutes Adapted by Reference. 8.04.020 Fees and fines deposited in expense fund. 8.04.025 Adopted by Reference Includes Amendments and Additians; Capies of Material Adapted by Reference. Article II. 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 Dog license -Due when -Late penalty. 8.04.080 Lost tags -Replacement fee. 8.04.090 License tag removal unlawful. 8.04.100 Unlicensed dogs -Impoundment. 8.04.110 Dog kennel -License required. 8.04.120 Kennel license -Fees -City authorization required. 8.04.130 Kennel license -Inspection required. 8.04.140 Kennel license -Dogs to be tagged. Article III. Regulations 8.04.150 Leash requirements. 8.04.160 Running at large prohibited. 8.04.170 Running in packs prohibited. 8.04.180 Stray animals -Defined -Impoundment. 8.04.190 Stray animals -Release to authorities. 8.04.195 Mandatory spaying or neutering of adopted animals. 8.04.200 Barking and other noise prohibited. 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 Repealed. Exhibit A to Ordinance 3023 Page 2 of 21 8.04.271 Dangerous dogs. 8.04.272 Repealed. 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. 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 -Nuisance abatement - By city when -Hearing -Costs. 8.04.410 Notice of infraction -Contents. 8.04.420 Notice of infraction -Response required -Contested determination - Hearing. 8.04.430 Hearing to contest determination of infraction -Procedure. 8.04.440 Payment of penalty. 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 County animal services. J( CASE, acting alone or in concert with the Port Townsend police department for enforcement of the animal control laws of the city, the county and the state, and the shelter and welfare of animals. Exhibit A to Ordinance 3023 Page 3 of 21 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 includes any state or municipal peace officer, sheriff, constable or other employee whose duties in whole or in part include assignments which involve the seizure and taking into custody of any animal. 5. "At large" means off the premises of the owner or keeper and not under restraint by leash or chain, or not otherwise controlled by a competent person. 6. "Cattery" means a place where four or more adult cats are kept, whether by owners of the cats or by persons providing facilities and care, whether or not for compensation, but not including small animal hospital, clinic or pet shop. An adult cat is one of either sex, altered or unaltered, that has reached the age of six months. 7. "City" means the city of Port Townsend. 8. "County" means Jefferson County. 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. 10. "Domesticated animal" means those domestic beasts such as any dog, cat, rabbit, horse, mule, ass, cattle, goat, sheep or hog, 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 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" means a place where five or more adult dogs are kept: a. "Commercial kennel" means a kennel where adult dogs are boarded, bred or trained for compensation, but not including a small animal hospital or clinic, pet shop or shelter. b. "Hobby kennel" means a noncommercial kennel at or adjoining a private residence 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. 15. "Livestock" means horses, cattle, sheep, goats, swine, reindeer, donkeys, mules llamas, and other domestic mammals and/or fowl that have intrinsic value, as distinguished from pet value. 16. "Owner" means any person, firm, corporation, organization, or department, possessing, harboring, keeping, 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. Exhibit A to Ordinance 3023 Page 4 of 21 17. "Packs 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 state in which either its control or ownership is in doubt or cannot readily be ascertained, and when such dogs are not restrained or controlled. 18. "Person" includes an individual, partnership, firm, joint stock company, corporation, trust or association or other legal entity. 19. "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. 20. "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 structure does not have a bottom seamed to the sides, then the sides shall be embedded in the ground no less than one foot. 21. "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. 22. "Unconfined" means not securely confined indoors or in a securely enclosed and locked pen or structure upon the premises of the person owning, harboring, or having the care of the animal. 23. "Under control" means the animal, while off a leash and/or off the owner's premises, is under voice and/or signal control so as to be thereby restrained from approaching any bystander or other animal and from causing or being the cause of physical property damage. RC~tI-~"-ice.-.1.6~Ih 1..6..:08 '~~~~~~~r~u~T~1~ '~^ ~n~ 1~.~- (NOTE: REFORMATTED TO NEXT. SECTION, RC 16.101/VHICH APPLIES ONLY TO COUNTIES IS DELETED. (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 -Stack Restricted Areas, and 16.52 -Prevention of Cruelty to Animals. Provisions of this code supplement and add to state statutes. In the evenfi of any conflict between these statutes and any provision of this code, the state statute ................... _.e..._ _.__ shall apply. 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. 1969 § 43, 1983). Exhibit A to Ordinance 3023 Page 5 of 21 8.04.025 Adopted by Reference Includes Amendments and Additions; Copies of Material Adopted by Reference. Other statutes, ordinance, schedules, codes 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 adapted 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. Article II. Licenses 8.04.030 Dog license -Required. It is unlawful for any person to own, keep or have control of any dog over the age of six months in the city unless the person, firm, corporation, organization or department has procured a license tti therefore as provided in this chapter. (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-~~:-98- eic~er'+ f.,,r of int-e rl^re~ ",vve.~~d ~'-v`y'-a-sen°~vr~. ti~v- -ti~r~f°° ch-~fl ha Q'2 ({fl~ 2. For each dog not spayed or neutered, the fee in the fee schedule adapted by ,~efferson County for this license or service$14.88_. B. Notwithstanding subsection A of this section, 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. C . << ~, elder (Ord. 2188 § 1, 1990; Ord. 1969 § 26, 1983). 8.04.050 Dog license -Issuance -Tags -Tattoos. A. licenses shall be issued by Jefferson County animal services (JCAS}, its employee and a ants f 9 ^,~^n+ +^ ~ e ~~ r,~.®„C°~ to persons applying therefor upon payment of the license fee as provided in PTMC 8.04.040, and JGAS shall to issue a tag for each dog licensed. Exhibit A to Ordinance 3023 Page 6 of 21 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 +"° ^^rY,o of +ho ri+., a serial number corresponding with the number on the license, ~^~+ +ho ,+.,+o of nvnirn+inn 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. JCAS. T#~e-i d--agea~t-and its employees and agents are authorized agents of the Cit~r ^'°v°~~k-t;~asarer for purposes of selling dog and kennel licenses. (Ord. 1969 § 28, 1983). 8.04.060 Dog license -Available when. Dog licenses shall be made available to applicants ^n ~o.•orr,hor , ~+ of o~~h .,oar for a two-year period from date of purchase Dogs wearing expired licenses may be seized and impounded. (Ord. 1969 § 27, 1983). 8.04.080 Lost tags -Replacement fee. Lost tags may be replaced by a substitute identification tag upon payment of fee in the fee schedule adopted by Jefferson County for this fee or serviceQ~ .~~ +~, ++,a .~;+,° ^'°n +r°-,~,bi~- appe" . (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. 1969 § 31, 1983). 8.04.100 Unlicensed dogs -Impoundment. Exhibit A to Ordinance 3023 Page 7 of 21 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. 1969 § 32, 1983). 8.04.110 Dog 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 the Jefferson County Animal Services (JCAS), its employee and agentscler-k- tr~eas~tr-e~;-h-i~a~ps~tee,-ar-#+s-at~#hartzed--ag-e~a-t. (Ord. 1969 £ 33, 1983). 8.04.120 Kennel license -Fees -City authorization required. A. Commercial Kennel. The following fee shall be paid for a commercial kennel license under this chapter: 1. The fee in the fee schedule or ordinance ado ted b Jefferson Count 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 adapted bLr,Jefferson County for ~enaltye~$49:99 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 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 shall not be required in subsequent years unless the location of the kennel has changed. B. Hobby Kennels. 1. The following fee shall be paid for a hobby kennel license under this chapter: a. Ten adult dogs or fewer, the fee in the fee schedule or ordinance adopted by Jeffersan County far this license or service;$35-9~;- b. Each additional 10 adult dogs or fraction thereof, the fee in the fee schedule or ordinance adopted by Jefferson County for this_ license or service ~34:99. 2. This shall be payable the first day of January of 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-ef-$49:99 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 Tess. (Ord. 1969 § 35, 1983). Exhibit A to Ordinance 3023 Page 8 of 2l 8.04.130 Kennel license -Inspection required. 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 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 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 the 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. (Ord. 1969 § 36, 1983). ~tYtt-Fte~~..laT-~rrvc°•n~e~ - 1'lr~rr~ 4~ h~ ~~nner) r , Article III. Regulations 8.04.150 Leash requirements. No dog shall be permitted to be at large off the premises of the owner of the dog except when kept upon a leash not more than eight feet in length held by a person of reasonable age and discretion. Violation of this section constitutes an infraction. (Ord. 1969 § 13, 1983). 8.04.160 Running at large prohibited. 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. 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; provided further, any person walking or exercising an animal in Chetzemoka Park shall have the animal on a leash (except for any area or areas in Chetzemoka Park specifically designated and signed to allow animals to be off leash). (Ord. 2963 § 1, 2008; Ord. 1969 § 4, 1983). 8.04.170 Running in packs prohibited. Exhibit A to Ordinance 3023 Page 9 of 21 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 seized and impounded. (Ord. 1969 § 11, 1983). 8.04.180 Stray animals -Defined -Impoundment. Any stray animal running at large in the city is a nuisance, and may be seized 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 animal control authority 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. (Ord. 1969 § 12, 1983). 8.04.190 Stray animals -Release to authorities. 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 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. (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 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. 2188 § 4, 1990). 8.04.200 Barking and other noise prohibited. A. No person may allow an animal to unreasonably disturb or interfere with the peace, comfort and repose of any person by frequent, repetitive, continuous or habitual noise, including barking, howling, yelping, whining or other oral noise. B. Animal noise shall be exempt from this section which originates from lawfully operated animal shelters, kennels, pet shops or veterinary clinics. C. Animal noise defined in this section is hereby declared to be a public disturbance noise and a public nuisance. The nuisance shall be subject to abatement procedures defined by this chapter, including seizure and impoundment of the animal. Exhibit A to Ordinance 3023 Page ] 0 of 21 D. In addition to any abatement action by the city, violation of this section shall constitute a civil infraction subject to penalties stated in PTMC 8.04.390. (Ord. 2447 § 1, 1995; Ord. 1969 § 7, 1983). 8.04.210 Accessible female in heat prohibited when. It is unlawful for any owner to keep a female 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. (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. 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. 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. 1969 § 10, 1983). 8.04.250 Destruction of injured or diseased animals. Decodified. (See PTMC 8.04.372.) (Ord. 2188 § 2, 1990; Ord. 1969 § 15, 1983). 8.04.255 Owner surrender fees. An owner of any dog, cat or other pet may surrender and relinquish to the animal control authority, and the animal control authority in its discretion may accept any such dog, cat or other pet 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. 2188 § 5, 1990). 8.04.260 Quarantine for biting animals. Exhibit A to Ordinance 3023 Pagel 1 of 21 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(K) and/or (M) 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 owner or keeper, the service fee shall be waived. (Ord. 2114 § 3, 1988; Ord. 2056 § 3, 1986; Ord. 1969 § 16, 1983). 8.04.270 Potentially dangerous dogs. Repealed by Ord. 2943. (Ord. 2590 § 1, 1997; Ord. 2547 § 3, 1996). Exhibit A to Ordinance 3023 Page 12 of 21 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. dangereu~~-dac,~,--s~~~+la~le- . (Ord. 2943 § 1, 2007). 8.04.272 Failure to control a dog declared potentially dangerous -Declaration of a dog as dangerous. Repealed by Ord. 2943. (Ord. 2590 § 2, 1997; Ord. 2547 § 4, 1996). 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 schedule adapted by Jefferson County for this fee or service-~~. This registration fee is in addition to regular licens ing fees. tr+oa th s-~r~ in i~r-~--+ D. Certificate of Registration Application. An application to obtain a certificate of registration of a dangerous dog shall contain the following information: Name, address, and telephone number of the applicant owner; Type, name, age, color, sex, and distinguishing characteristics of the dog; Exhibit A to Ordinance 3023 Page 13 of 21 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 c~~at-1~.~ 99 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 includingany amendments or additions thereta 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. 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. I. 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 court order 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 court shall consider the following criteria: The information set forth in subsection D of this section; Any previous violations of this title by the proposed new owner; The facilities (secure enclosure) proposed to contain the dog at its new site; and Exhibit A to Ordinance 3023 Page 14 of 21 4. The characteristics of the neighborhood surrounding the proposed new owner's premises, i.e., number of children, schools, day care facilities, etc. (Ord. 2547 § 5, 1996). 8.04.276 Penalty for violation. A. A person who is convicted of violating requirements imposed in accordance with PTMC 8.04.2719 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 months, or both such fine and imprisonment. B. A person who is convicted of violating requirements imposed in accordance with PTMC Q n,~ ~~~ ^r 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 8.04.2791, ~.n-~~, 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 n, R~ n~;~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. 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 ei~y-cet~cil. (Ord. 2547 § 7, 1996; Ord. 1969 § 2, 1983). 8.04.290 Impoundment -Delegation of authority. Exhibit A to Ordinance 3023 Page 15 ofi 21 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. 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. 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, food 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, a reasonable fee may be collected therefrom for such services. (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. 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. 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. Talus meet other conditions for release of animal. Exhibit A to Ordinance 3023 Page 16 of 2l I Innn tho first imn rlmant_nf±hrs_•±n~_. '~~-.--v'~T~~""'rr'rte.-rrr.~-c-n-r-rfs$i'~'~}aa~r r ~c'r't a v ~ z~ ~ ~., t.. ~-. ~ r~.._...~~-1~1 _~~~ fnr-rcrr ~~'a'~y~°r! nr nn~ ~4ciror! r°~a~S-r~~}~_~9~~. s-- crvr-r~rca-cc. rtity-Tr ~i`.?.:.~'~'T~p(}~~"'ttt.e."'~~~~r#-tYi't~~f~rp to-v~-i ~''rv Qi-ii~ = r n~ ~+®ra tx'.'-A...i _ ...-fee--- fe.r....c'ats--aid- --fl~r~:T~... y 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; 2. For all impounded animals, the owner shall pay prior to redeeming the animal the fee in the fee schedule adopted by Jefferson County far this fee or service, t~-fir t ~~-hoia;v for board, care and feeding of the animal during the impound period- s- . 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 to 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: Exhibit A to Ordinance 3023 Page 17 of 21 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. 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. 2547 § 7, 1996; Ord. 1969 § 23A, 1983). 8.04.360 Redemption of livestock. The owner of any horse, cow, goat or other livestock may redeem it within 72 hours from the time of its impoundment subject to the following conditions: A. Payment of a ~i2O.~Q0-_impound fee in the fee schedule adopted by Jefferson County far 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 Count foy__r_this fee or service; C. In the case of a horse, cow or other similar domestic animal for which special transportation has been utilized, payment of a X58:80-transportation fee in the fee schedule adopted by Jefferson County for this fee or service. (Ord. 2547 § 7, 1996; Ord. 1969 § 22, 1983). 8.04.370 Sale -Notice required. Exhibit A to Ordinance 3023 Page 18 of 21 Any horse, cow, sheep, goat or other 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. 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 CC1Unty for thlS fee Or SerVIC~'.'crrcn:-na'l, c'=~ -r-~~-~--=nc~n4 fn~~_,r,T,~,nr~imolc~_~~_ony.Y,r.~~inrncsrl F-irani~nai ~if~~nr~+~~S_ fe-fie--sl~a~it-~e~-~-9:~. (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 8.04.4Q0 and/or under other applicable criminal laws. (Ord. 2547 § 7, 1996; Ord. 1969 § 24, 1983). Article V. Violations 8.04.390 Violation -Penalty -Subsequent violations. Exhibit A to Ordinance 3023 Page 19 of 21 Except as provided in PTMC 8.04.260, A.n~ ~~n Q.n~ ~~~ 8,04.274 and 8.04.276, any person who violates any provisions of this chapter shall incur a civil penalty. The penalty for the first violation shall be $1146.00. This penalty shall not be suspended or deferred. The penalty for a second violation of the same section of this chapter shall be $2061-4.00. The penalty for third violation of the same section of this chapter shall be $309.00. 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 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, Q.n~ 77n Q n~ ~~~ 8,04.274, and 8.04.276, the 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. 2547 § 8, 1996; Ord. 2056 § 4, 1986; Ord. 2036, 1986; Ord. 1969 § 37, 1983). 8.04.400 Violation -Nuisance abatement - By city when -Hearing -Costs. A. Any person violating any of the provisions of this chapter in the keeping or maintenance of any nuisance as defined in this chapter may, in addition to the penalty provided for in PTMC 8.04.390, 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. B. If a person who has been issued a notice of infraction or criminal citation elects not to request a hearing, the city may request a hearing for the purpose of determining whether an order of abatement should issue. C. 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/she 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. (Ord. 2547 § 8, 1996; Ord. 1969 § 38, 1983). 8.04.410 Notice of infraction -Contents. A. A notice of infraction represents a determination that violation has been committed. The determination will be final unless contested as provided in this chapter. B. A Washington Uniform Court Docket Citation may be used as the form for the notice of infraction, and shall include the following: 1. 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 this chapter; Exhibit A to Ordinance 3023 Page 20 of 2l 2. A statement that an infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction; A statement of the specific infraction for which the notice was issued; A statement of the monetary penalty established for the infraction; 1. A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options; 2. 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; 3. 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 subpoena witnesses; 4. 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 chapter; 5. A statement that failure to respond to a notice of infraction as promised is a misdemeanor and may be punished by a fine or imprisonment in jail. (Ord. 2547 § 8, 1996; Ord. 1969 § 39, 1983). 8.04.420 Notice of infraction -Response required -Contested determination - Hearing. A. Any person who receives a notice of infraction under this chapter shall respond to such notice as provided in this section within °°°~e,Tfifteen calendar days of the date of the notice. B. 1f the person determined to have committed the infraction does not contest the determination, the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. Payment in the amount of the penalty prescribed for the infraction 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. C. If the person determined to have committed the infraction wishes to contest the determination, the person shall respond by completing 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 days from the date of the notice, except by agreement. D. 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. Exhibit A to Ordinance 3023 Page 21 of 21 E. If any person issued a notice of infraction fails to respond to the notice of infraction as provided in subsection B of this section, or fails to appear at a hearing requested pursuant to subsection C or D 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 chapter. (Ord. 2547 § 8, 1996; Ord. 1969 § 40, 1983). 8.04.430 Hearing to contest determination of infraction -Procedure. A. A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without jury. B. Any person subject to proceedings under this chapter may be represented by counsel. C. 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. D. The officer who issued the notice must appear at such hearing if subpoenaed, 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. E. The burden of proof is upon the city to establish a commission of the infraction by a preponderance of the evidence. F. 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 dismissing 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. G. An appeal from the court's determination or order shall be to the superior court. Such appeal shall be taken in accordance with the Rules for Appeal of Decisions of Courts of Limited Jurisdiction. The decision of the superior court is subject only to discretionary review pursuant to the Rules of Appellate Procedure. (Ord. 2547 § 8, 1996; Ord. 1969 § 41, 1983). 8.04.440 Payment of penalty. Whenever a monetary penalty is imposed by a court under this chapter 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 period in which the penalty may be paid. All penalties collected by the court shall be remitted to the city finance director c~°r-~tr~eju-,r-~. (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. 2547 § 8, 1996; Ord. 1969 § 44, 1983).