HomeMy WebLinkAbout3023 Amending Animal Control Regulations and FeesOrdinance 3023
Animal Control
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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:
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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)
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,
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
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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).