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HomeMy WebLinkAbout3149 Related to Animal Control, Amending Chapter 8.04 of the Port Townsend Municipal Code Ordinance 3149 Page 1 of 2 Ordinance No. 3149 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATED TO ANIMAL CONTROL, AMENDING CHAPTER 8.04 OF THE PORT TOWNSEND MUNICIPAL CODE WHEREAS, Chapter 8.04 of the Port Townsend Municipal Code regulates animals within the City; and WHEREAS, at its March 16, 2015, meeting, the City Council by motion referred the matter of animal control and leash law revisions to the General Services and Special Projects Committee ("Committee"); and, WHEREAS, the Committee discussed this issue at its meetings on April 21, 2015; May 19, 2015; July 21, 2015 and October 20, 2015. It reviewed recommendations from the Parks, Recreation and Tree Advisory Board, and forwarded its recommended changes to the full Council; and, WHEREAS, City staff solicited public input through its newsletter and its SpeakUp Port Townsend site. As a result, staff received over 50 comments and over a dozen emails; and, WHEREAS, Council discussed the Committee's recommendations at a workshop on March 14, 2016 and, having considered the Committee's and public recommendations, directed staff to finalize proposed amendments; and, WHEREAS, Council believes that the proposed amendments to Chapter 8.04 are in the best interests of the Citizens of Port Townsend, balancing rights of animal owners with public safety and stewardship of public property. NOW, THEREFORE,the City Council of the City of Port Townsend do ordain as follows: Section 1. Chapter 8.04 of the Port Townsend Municipal Code is amended as set forth in Exhibit A. Section, 2. Seyer� If any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder of the Ordinance, or the application of the provision to other persons or circumstances, is not affected. Section 3. Publication, This Ordinance shall be published by an approved summary consisting of the title. Ordinance 3149 Page 2 of 2 Section 4. Effective Date. This Ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. ADOPTED by the City Council of the City of Port Townsend at a regular meeting thereof, held this 6th day of February 2017. Deborah S. Sti Mayor Attest: Approved as to form: Joanna Sanders CMC SyevewL. ro ss City Clerk City Attorney Ordinance 3149 Exhibit A Page 3 of 23 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 aninials, and ineludes any state et!munieipal peaee effieef!, shef!iff-, the seizttt!e and taking into ettstedy of any aniaiaI 5. "At large" means off the premises of the owner stand not under restraint by leash. An animal is not "at large" if it is on the property of another person and is off-leash with that person's permission. 6. "Cat" means a member of the species Felis catus and commonly known as the domestic cat. 6. "Cattefy" means a plaee whetv fout!et!nietv adult eats at!e kept, whethet!by ewnet!s of the eats saiall aninial hospital, elinie et!pet shop. An adult eat is ene E)f eithet! sex, altet!ed et!unaltet!ed, that has dis �z oa the s 7. "City" means the eCity of Port Townsend or its designated service providers. 8. "Companion animal" means any species of animal commonly kept by inhabitants of Washington State as a pet or for companionship, except that snakes exceeding geight feet in length, venomous reptiles (regardless of whether the venom glands have been removed), and venomous amphibians (regardless of whether the venom glands have been removed) are not companion animals, even if such animals are commonly kept by inhabitants of Washington State as pets or for companionship. 99. "County" means Jefferson County or its designated service providers. 109. "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. 11. "Dog" means a member of the species Canis lupus familiaris and commonly known as the domestic dog. 10— "Deniestieated aninial" means these demestie beasts stteh as any dog, eat, tubbit, het!se, m?ale, ass, eattle, goat, sheep r hog „the „t made to be 1247. "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. 132. "Infraction" means a non-criminal violation of any of the provisions of this chapter. 14-3. "Juvenile" means any dog or cat, altered or unaltered, that is under the age of six months. Ordinance 3149 Exhibit A Page 1 of 23 EXHIBIT A Chapter 8.04 ANIMAL CONTROL Sections: Article L General Provisions 8.04.010 Definitions. 8.04.015 State statutes adopted by reference. 8.04.020 Fees and fines deposited in expense fund. 8.04.025 Adopted by reference includes amendments and additions —Copies of materials adopted by reference. Article IL Licenses 8.04.030 Dog license—Required 8.04.035 Proof of vaccination required. 8.04.040 Dog license—Fees —Waived when. 8.04.050 Dog license—Issuance—Tags TatteesMicrochips. 8.04.060 Dog license—Available when. 8.04.070 Repealed. 8.04.080 Lost tags —Replacement fee. 8.04.090 License tag removal unlawful. 8.04.100 Unlicensed dogs —Impoundment. 8.04.110 Dog Animal kennel—License required. 8.04.120 Animal Kennel license—Fees —City authorization required. 8.04.130 Kennel license—Inspection required. 8.04.140 Repealed. Article III. Regulations 8.04.150 Leash -eqff irenwnts.Repealed. 8.04.160 RxgAnimals at large prohibited. 8.04.170 Running in packs prohibited. 8.04.180 Animals at large—Defined—Impoundment. 8.04.190 Animals at large—Release to authorities. 8.04.195 Mandatory spaying or neutering of adopted animals. 8.04.200 Ba4ing and other noise prohibited 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 Declaration of dogs as potentially dangerous —Procedure. Ordinance 3149 Exhibit A Page 2 of 23 8.04.271 Dangerous dogs. 8.04.272 Restrictions on potentially dangerous dogs. 8.04.274 Registration of a dangerous dog. 8.04.276 Penalty for violation. Article IV. Impoundment 8.04.280 Impoundment—Authorized officers —Location. 8.04.290 Impoundment—Delegation of authority. 8.04.300 Animal control authority and animal shelter—Interlocal agreement. 8.04.310 Animal control authority—Duties. 8.04.320 Enforcement—Police powers of animal control authority employees. 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 Vielatien Nuisanee abatement By city when He ests.Repealed. 8.04.410 Netiee of inftuetien Contents-Repealed. 8.04.420 "odee of inftuotienRe eqttit!ed Contested detet!ftiinatien Hegg Repealed. 8.04.430 Heating to Eeatest detelninatie" Etienesetrf!eRepealed. 8.04.440 Payment of pen lt� Repealed. 8.04.450 Severability. Article L 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 eff t!se the shelf°r and wel f tv of amnia any contracted service providerss. Ordinance 3149 Exhibit A Page 3 of 23 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 aninials, and ineludes any state et!munieipal peaee effieef!, shef!iff-, the seizttt!e and taking into ettstedy of any aniaiaI 5. "At large" means off the premises of the owner stand not under restraint by leash. An animal is not "at large" if it is on the property of another person and is off-leash with that person's permission. 6. "Cat" means a member of the species Felis catus and commonly known as the domestic cat. 6. "Cattefy" means a plaee whetv fout!et!nietv adult eats at!e kept, whethet!by ewnet!s of the eats saiall aninial hospital, elinie et!pet shop. An adult eat is ene E)f eithet! sex, altet!ed et!unaltet!ed, that has dis �z oa the s 7. "City" means the eCity of Port Townsend or its designated service providers. 8. "Companion animal" means any species of animal commonly kept by inhabitants of Washington State as a pet or for companionship, except that snakes exceeding geight feet in length, venomous reptiles (regardless of whether the venom glands have been removed), and venomous amphibians (regardless of whether the venom glands have been removed) are not companion animals, even if such animals are commonly kept by inhabitants of Washington State as pets or for companionship. 99. "County" means Jefferson County or its designated service providers. 109. "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. 11. "Dog" means a member of the species Canis lupus familiaris and commonly known as the domestic dog. 10— "Deniestieated aninial" means these demestie beasts stteh as any dog, eat, tubbit, het!se, m?ale, ass, eattle, goat, sheep r hog „the „t made to be 1247. "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. 132. "Infraction" means a non-criminal violation of any of the provisions of this chapter. 14-3. "Juvenile" means any dog or cat, altered or unaltered, that is under the age of six months. Ordinance 3149 Exhibit A Page 4 of 23 154. "Kennel, animal" means "many site where four or more adult dogs er eats er other scompanion animals of the same species over the age of one year are kept, whether such keeping is s for pleasure, profit, breeding, or exhibiting, including places where said animals are boarded, kept for sale, or hire. For purposes of this Chapter, the keeping of fish shall not count towards the limit on companion animals. 165. "Leash" shall mean a cord, strap, or chain of sufficient strength to prevent the dog from violating PTMC 9.02.165. For purposes of this definition, "leash" does not include an electronic leash or other similar device where a competent person in control of the animal is not holding a cord, strap, or chain directly attached to the animal. 175. "Livestock" means demestie animals, such as horses, cattle pigs, goats, or poultry, kept for their services or raised for food and other productsege � zeedonkeys,ine as- distinguished f.,,,,, rot value. 186. "Owner" means any person , firm e izatio,, ^r a°pat!ta ent r hat!bet!i g 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. 197. "Packs of dogs" means a group of two or more dogs running at largettpE either publie E)r d . 204-9. "Person" includes an individual, partnership, firm,joint stock company, corporation, trust or association or other legal entity. 214-9. "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. 228. "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. 2347. "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. Ordinance 3149 Exhibit A Page S of 23 242. "Small animal husbandry (commercial)" means the raising of mink, fox, nutria, rabbits pigs, sheep, goats, chickens, turkeys, guinea hens, and similar small animals and fowl not for the primary consumption of or used by the occupants of the premises. 25-3. "Small animal husbandry (noncommercial)" means the raising of small animals for the primary consumption of or used by the occupants of the premises. 22sEenfin ems not o f the rye„ n 1,,,.bet!;„n ot!having the eatv of the r 264. "Stables, private" means an accessory structure providing shelter for horses, ponies, etc. 23.25. Tr,,,.,,nfinea» means not s r-el , »fired rode t!s seettfel— efielosed an t,ek-ea by the o o r handler, 27. "Wild or exotic animal" means all of the follows aninials, _Ai ether-bt!e a in the, „k and also . all of theft!h ,1.. ds with .aeniest;.ff eles. it is of the ;„tent „a' aninials listed below. The z eras ; „theses . intended to aet as examples only ,,.a . of to be eenstfued as bee an xh usfi e list ot!to otherwise lini t the Renetulity of e animals z- . Non rrrcrmzrcc and rre3ii�iairs-- s-acn as ehin„pzcirzees, nienkcysr B. Felids 0 0,mot .aenie�t; to a tom• C. (', ids ineludiiiR elf ,bt!i s and o t .aeniestie to d tom• D. Ut!sids E. >:l opl,.,t G. Ct!eeea «mss alnRatet!s nd er-eeedilesk- H. >\ at!s„ all (stte1, as kanRat!ees and evessu„,mil- 1. Snakes and tvvtiles- j. Ordinance 3149 Exhibit A Page 6 of 23 K. Hyenas; . rviu3ccn�tcnz as rskunks, weasels, QCCkc�r M. Pt!e teh as faeeeens an rsr N. monde t.,tes (stte1, as „te tet!s sloths and atin a;tt ,mil• O. Vr. o ..;as Ts, >, t� a 'Enzrs�iroir�vv�cscr`�ccraiicrRcnccsr 0. D. tet!s et!bit! s of Thopossession ofwild animals is „>„>„t°a Sshall have the same definition as in PTMC 9.44.020.(Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 1, 1996; Ord. 2114 §§ 1, 4, 8, 1988; Ord. 2056 § 1, 1986; Ord. 1969 § 1, 1983). 8.04.015 State statutes adopted by reference. The sCity adopts by reference, as now or hereafter amended, the following chapters of RCW Title 16: Chapters 16.08, Dogs; 16.24, Stock Restricted Areas; and 16.52, Prevention of Cruelty to Animals. Provisions of this code supplement and add to state statutes. In the event of any conflict between these statutes and any provision of this code, the state statute shall apply. (Ord. 3023 § 1(Exh. A), 2009). 8.04.020 Fees and fines deposited in expense fund. All fees and fines collected under this chapter shall be deposited in the sCity current expense fund. (Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 43, 1983). 8.04.025 Adopted by reference includes amendments and additions —Copies of materials adopted by reference. Other statutes, ordinances, schedules, 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 adopted by reference shall be maintained in the city clerk's office and shall be available for use and examination by the public, and shall be made available for purchase at the city clerk's office. (Ord. 3023 § 1(Exh. A), 2009). Article IL 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 c-City for more than 30 days unless the person, firm ;z„tio er has procured a license fetas provided in this chapter. (Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 25, 1983) 8.04.035 Proof of vaccination required. All dog, cats, or ferrets six months of age or older shall be vaccinated against rabies. If the animal is being licensed, the owner of such dog/cat shall provide the licensing agent with proof of vaccination of such dog/cat. This section shall not apply to any animal when a licensed veterinarian provides a statement that the animal is not able to be vaccinated because the animal Ordinance 3149 Exhibit A Page 7 of 23 has health issues that prevent vaccination without further risk to the animal. An owner who refuses to provide proof of such vaccination or veterinarian's statement upon request by the licensing agent or his/her designee shall be deemed to have failed to provide such proof. 8.04.040 Dog license—Fees —Waived when. A. The following fees shall be paid for licenses under this chapter: 1. For each dog spayed or neutered(upon proof of spaying or neutering), the fee in the fee schedule adopted by Jefferson County for this license or service; 2. For each dog not spayed or neutered, the fee in the fee schedule adopted by Jefferson County for this license or service. B Notwithstanding subseetio,, ^ of th s seeliefl, 'Licenses and tags shall be provided free of charge by the c-City to hearing aid dogs properly trained to assist the hearing-impaired and to guide dogs properly trained to assist blind persons when such dogs are actually being used to assist the hearing-impaired or blind person in the home or in going from place to place; to dogs being currently trained for such purpose in a school or program approved or accredited by a professional organization or association, either for profit or not for profit; and to young dogs being raised, to be trained on reaching maturity as guide dogs, under the 4-H program known as "Guide Dogs for the Blind." Licensing agents, in writing such licenses, shall insert the words "Hearing Aid" or "Guide Dog"in the space allotted for, and in place of, a stated fee. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2188 § 1, 1990; Ord. 1969 § 26, 1983). 8.04.050 Dog license—Issuance—Tags —TnttoosMicrochips. A. Licenses shall be issued by eff t!se C,, se es ETC ^Sthe City or its }its p'oyees and agents to persons applying therefor upon payment of the license fee as provided in PTMC 8.04.040_, and A tag shall be issued-&4ap—_for each dog licensed. B. The license shall be dated and numbered, and shall bear the name of the city, the name and address of the owner or keeper of the dog licensed, the name of the dog, and a description of the dog, including its age and sex. The tag shall bear a serial number corresponding with the number on the license. C. It shall be the duty of every owner or keeper of a dog to keep a substantial collar on the dog and attached firmly thereto the license tag for the current year;provided, that this provision shall not be maintained to apply to a hunting dog in a controlled hunt by a competent person or to show dogs on the show grounds or to dogs engaged in formal obedience training. D. As an alternative to a license tag, an animal may be identified as licensed by being tattooed on its inside eat! et!on its inside thigh er- gt!ein with a pet!aianent heense ffambet! appt!ev d having a microchip implanted, with the microchip number on file with the animal licensing agent. dog and kennel peens (Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 28, 1983). Ordinance 3149 Exhibit A Page 8 of 23 8.04.060 Dog license-Available when. Dog licenses shall be made available to applicants for a two-year period from the date of purchase. Dogs wearing expired licenses may be seized and impounded. (Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 27, 1983). 8.04.070 Dog license-Due when-Late penalty. Repealed by Ord. 3023. (Ord. 1969 § 27, 1983). 8.04.080 Lost tags -Replacement fee. Lost tags may be replaced by a substitute identification tag upon payment of the fee in the fee schedule adopted by Jefferson County for this fee or service. (Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 30, 1983). 8.04.090 License tag removal unlawful. It is unlawful for any person other than the owner or keeper to remove a license tag from any dog licensed under the provisions of this chapter. (Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 31, 1983). 8.04.100 Unlicensed dogs -Impoundment. All dogs not licensed under this chapter, or which do not exhibit the license identification tag as provided in PTMC 8.04.050, are in violation of this chapter and may be seized or impounded. (Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 32, 1983). 8.04.110 Dog Animal kennel-License required. It is unlawful for any person to own, maintain, or operate a kennel in the ;,,,.,,..r.,,tutea area of the eCity unless the person has procured a kennel license. Kennel licenses shall be issued b_y_b3- rof t!se, County aninial se es (jC n S the City), its employees and en A person may have more than four chickens on residential property, without having a kennel license, as long as the chickens are kept as companion animals. (Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 33, 1983). 8.04.120 Animal Kennel license-Fees -City authorization required. A. Ceninietvial Kennel. The following fee shall be paid for a eefliftletvial kennel license under this chapter: 47A. The fee in the fee schedule or ordinance adopted by Jefferson County for this license or service regardless of the size of the kennel operation shall be paid. All kennel licenses granted under this chapter shall be due and payable the first day of January each year. If the kennel license fee is not paid on or before February 28th of each year, the applicant shall pay a penalty fee in the fee schedule or ordinance adopted by Jefferson County for penalty in addition to the regular fee as stated above;provided, the applicant shall not pay the penalty fee if the applicant has owned, maintained, or operated a kennel for one month or less. 213. No kennel license shall be issued without the applicant first obtaining written authorization for such kennel from the c-City beat!d of adjustaie 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. Ordinance 3149 Exhibit A Page 9 of 23 B. Hobby Kennels. 1 The f llew ing fee shall be paid f,- ., hobby lc€nixel he€nse ttfide this ehaptc� a. Ten adttiffive et!metv eaeh of dogs, eats et!ethet! saiall aniftials eyet!the age of one et! , the fee in the fee sehedttle et!et!dinanee adopted by ieffet!sen County fet!this heense of! b. Eaeh additional 10 adult dogs or-ftaetion thet!eef-, the fee in the fee sehedttle of!efedinanee adopted by ieffet!sen County f r this heen e 6f! �€i�tE� 2. This shall be payable the fit!st day of ianuat!y of eae yeat!. if the kennel heense fee is not pai& on et!befetv Febfuat!y 28th of eaeh year-, the appheant shall pay a penalty fee in the fee sehedttle et!et!dinanee adopted by ieffet!sen County fet!penalty fet! eaeh kennel heense in addition to the tvgttlat! fees as stated above; pt!evided, the appheant shall not pay the penalty fee if the appheant, has owned, maintained et!epetuted a kennel fet! one menth et!less. (Ot!d. 3023 § i(Exh. A), 2009 OTd.19r6Ts-35, 19983). 8.04.130 Kennel license–Inspection required. Prior to the issuance of a kennel license, or the yearly renewal of same, the ehie f of^^li°° City or hits authorized agent may, between the hours of 9:00 a.m. and 5:00 p.m., upon notice, enter the premises of the applicant and make a personal inspection to ascertain the number of dogs– cats, or other small animals maintained by the applicant, to determine if the applicant has proper facilities to maintain and care for such dogs, cats, or other small animals, and to determine if the applicant is providing the dogs, cats, or other small animals with the necessary sustenance and drink. Entry for such inspection shall not constitute a trespass. Upon issuance of the kennel license, the premises of the licensee may be subject to inspection upon the same conditions as above, for the reasons stated in this section. (Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 36, 1983). 8.04.140 Kennel license–Dogs to be tagged. Repealed by Ord. 3023. (Ord. 1969 § 34, 1983). Article III. Regulations 8.04.150 Leash requirements --Do2s. Repealed by Ord. 3149. No A-dog shall be petinitted to be at off the pt!emises of the ow—fief! of the dog exeept when kept upen a leash not nietv than eight feet in length held by a pef!sen of an Class — ivil in ae (Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 13, 1983). 8.04.160 Running-Animals at large prohibited. A. Unless otherwise allowed by this section ^..by r° of the r r°..f.. ^ ° , it is unlawful for any person to allow an animal to be at lard; B. Except as provided for in subsection A, a dog may be at large within the City limits only in areas designated by the city council by resolution...; C. Any animal in violation of this section is declared to be a nuisance and may be immediately seized and impounded., Ordinance 3149 Exhibit A Page 10 of 23 nd shall be immediately seized and impounded; pt!ovided, that this seetion shall not ffit!thet!, any pet!sen walking ot!exet! i i .mal in Chetzemoka Pat!k shall have the animal on flow amnia s to be off es' ) (Ord. 3023 § 1(Exh. A), 2009; Ord. 2963 § 1, 2008; Ord. 1969 § 4, 1983). 8.04.170 Running in packs prohibited. It is unlawful for any ow-net!-person to permit or fail to prevent any animal under that person's control to run in a pack. The same is a nuisance and any such animal may be seized and impounded. (Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 11, 1983). 8.04.180 Str*"Animals at large--D*fined—Impoundment. Any s animal mat large in the c-City is a nuisance, and may be seized and impounded. provided, that th° ^' a^°s tap}3€ar-vieiotts ot! aseas (Ord. 3023 § I(Exh. A), 2009; Ord. 1969 § 12, 1983). 8.04.190 Str*"Animals at lame s—Release to authorities. it shall be the ditty of°Each person who shall take into his/her possession any seat lame animal not placed in his/her possession by the person having lawful ownership, custody or control thereof, at once cv should notify the shet!;ff of T°f t!so County or the impounding ""City. It is unlawful to refuse to release such animal to the shet!i ff his deputy or the impounding ^utho ity City upon demand and without charge. (Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 14, 1983). 8.04.195 Mandatory spaying or neutering of adopted animals. Any person adopting an unspayed or unneutered dog or cat from any animal shelter, pound, humane society or similar shelter or association in or under contract with the c-City shall have the animal spayed or neutered on or before the date to be specified in a written adoption agreement. However, if a licensed veterinarian states in writing that the date specified in the adoption agreement is inappropriate for the animal in question, the adoption agreement may be modified accordingly upon submission of a written statement from a licensed veterinarian to the officer at the shelter or pound who is responsible for ensuring compliance with this section. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2188 § 4, 1990). Ordinance 3149 Exhibit A Page 11 of 23 8.04.200 Barking and other noise prohibited. Animal noise shall be regulated as set forth in PTMC 9.099.030C(8). A. No pet!sen may allow an animal to untvasenably distttt!b et!intet!fetv with the peaee, eemfet!t howling, yelping, whining et!ethe a!noise inehtding ftecittent habitual et!ewing of an)4MA4-. B. Animal noise shall be exempt ftem tThis seetion shall not agply to fhat"ieh C. Animal noise defined in this seetion is het!eby deelat!ed to be a publie distur-banee noise and a , ineluding seizttr° and impoundaient of 4—. D. in addition to any abatement aefien by the eity, violation of this seetion shall eenstiatte a eivil inftaetien subjeet to penalties stated in PTN4C 8.04.390. (Ot!d. 3023 § !(Exh. A), ; 2447 1995. Ot!d. 1969 P 7 1983)—. 8.04.210 Accessible female in heat prohibited when. It is unlawful for any owner to keep a female detnestie to animal, ,,,> ethe.. heens°a er roe 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. 3023 § 1(Exh. A), 2009; Ord. 1969 § 5, 1983). 8.04.220 Chasing or obstructing vehicles prohibited. It is unlawful for any owner or keeper to suffer or permit any animal to in any manner obstruct, chase, run after or jump at vehicles lawfully using the public streets, avenues, alleys, and ways. The same is a nuisance, and any such dog may be seized and impounded. (Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 9, 1983). 8.04.230 Injuring property prohibited. It is unlawful for any owner to suffer or permit any animal to trespass on private or public property so as to damage or destroy any property or thing of value. The same is a nuisance and any such animal may be seized and impounded. (Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 8, 1983). 8.04.240 Harassing pedestrians prohibited. It is unlawful for any owner to keep or harbor without restraint or confinement any animal that frequently or habitually snarls and growls at or snaps or jumps upon or threatens persons lawfully upon the public sidewalks, streets, alleys, or public places. The same is a nuisance and any such doganimal may be seized and impounded. (Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 10, 1983). 8.04.250 Destruction of injured or diseased animals. Decodified. (See PTMC 8.04.372.) (Ord. 3023 § 1(Exh. A), 2009; Ord. 2188 § 2, 1990; Ord. 1969 § 15, 1983). 8.04.255 Owner surrender fees. An owner of any deg, eat ^r ether!pet- animal may surrender and relinquish to the animal control authority, and the animal control authority in its discretion may accept any such Ordinance 3149 Exhibit A Page 12 of 23 dog, eat er ether!pet companion animal to be placed for adoption or other disposition. In the event that such a pet is surrendered to the animal control authority, the animal control authority shall t!eqtte efcollect from the owner a donation surrender fee in the amount ^f$20.00 per adep established in the Jefferson County Fee schedule. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2188 § 5, 1990). 8.04.260 Quarantine for biting animals. A. Any animal that bites or otherwise breaks the skin of any person, regardless of whether that person is on public or private property, may be impounded and quarantined for at least 10 days to determine whether the animal is infected with any disease that may have been transmitted to the victim. If approved by the impounding authority, the owner or keeper may quarantine the animal on his/her premises. It is a violation of this chapter to refuse required quarantine of an animal which has broken the skin of any person. B. Kennel fees for the quarantine period are to be paid by the owner of the animal, and release of the animal is conditioned upon payment of these fees. Ownerless animals shall be humanely destroyed and referred to the local health department for analysis. C. During the period of any quarantine, the owner or keeper of a quarantined animal shall not allow the animal to come into contact with any other animal or person or permit such animal to run at large outside of the premises where quarantined or upon the premises itself unless said premises be enclosed by a secure fence from which the animal cannot escape. When the fence encloses the access to the premises, the animal must be restricted to leave free access to those persons lawfully entering the premises. The owner or keeper shall not remove or cause the animal to be removed from the premises without the prior consent of the health officer. These restrictions shall continue until the animal is released from quarantine. Any animal found running at large or which is removed from the premises where quarantined shall be impounded, and unless claimed and redeemed by its owner or keeper within two days after the expiration of the quarantine period may be destroyed by the proper authorities. Further, a dog under quarantine which attacks or bites any person or domestic animal while running at large shall be deemed and automatically declared to be a potentially dangerous dog or dangerous dog under PTMC 8.04.010(910) and/or (47921) 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 i City's animal shelter the owner or keeper shall pay the same service fee and board fee for any dog, cat,or other animal quarantined in the eity peUnA shelter 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. 3023 § 1(Exh. A), 2009; Ord. 2114 § 3, 1988; Ord. 2056 § 3, 1986; Ord. 1969 § 16, 1983). 8.04.270 Declaration of dogs as potentially dangerous -Procedure. A. The eit�-animal control authority shall classify potentially dangerous dogs. The e4t�-animal control authority may find and declare a dog potentially dangerous if an animal control officer has probable cause to believe that the dog falls within the definitions set forth in PTMC 8.04.010(4-921). The finding must be based upon: Ordinance 3149 Exhibit A Page 13 of 23 1. The written complaint of a citizen; or 2. Any dog bite report filed with the shelter or eCity; or 3. Actions of the dog witnessed by any animal control officer or law enforcement officer; or 4. Other substantial evidence. B. The declaration shall be served in the same manner as a notice of declaration that a dog is dangerous as set forth in RCW 16.08.080. C. If the owner of the dog wishes to object to the declaration, he or she may request a meeting with the police chief by filing a request for such a meeting not later than 10 calendar days from the date of the notice. No person other than the dog's owner may object to the declaration. The police chief may order restrictions placed on the dog as set forth in PTMC 8.04.272, or that the dog be confined or impounded pending the meeting and final decision. D. The meeting shall be informal, but shall generally be conducted in accordance with the hearing examiner's rules of procedure. The eCity shall bear the burden of proving that the dog is potentially dangerous by a preponderance of the evidence. E. If the police chief finds the dog is potentially dangerous, he or she may, in addition to the requirements of this chapter, impose any additional conditions of confinement set forth in Chapter 16.08 RCW, as now exists or as may be amended hereafter, including, but not limited to, posting of warning signs and maintenance of liability insurance coverage. The police chief s decision is the final administrative decision of the eCity. (Ord. 3118 § 1, 2014). 8.04.271 Dangerous dogs. There are hereby adopted for the eCity 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 eCity's animal control regulations codified in this chapter, except and in addition as follows: A. RCW 16.08.080(l)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 eCity department providing animal control service, and/or another public entity providing such service in the eCity pursuant to eCity contract. C. "Local jurisdiction" means the eCity department providing animal control service, and/or another public entity providing such service in the eCity pursuant to eCity 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 Ordinance 3149 Exhibit A Page 14 of 23 eCity department providing animal control service, and/or another public entity providing such service in the sCity pursuant to ecity contract. E. If an owner wishes to appeal a declaration that a dog is dangerous, the appeal must be filed with the ecity not later than 10 calendar days after the date of the declaration. The appeal will be heard by the hearing examiner. The hearing examiner's decision is the final administrative decision of the c-City. (Ord. 3118 § 2, 2014; Ord. 3023 § 1(Exh. A), 2009; Ord. 2943 § 1, 2007). 8.04.272 Restrictions on potentially dangerous dogs. A. The owner of a dog that has been declared to be potentially dangerous must register the dog in the same manner as a dangerous dog as set forth in PTMC 8.04.274. The fee for registering a potentially dangerous dog shall be 75% of the amount to register a dangerous dog as set forth in fee schedule adopted by Jefferson County for this fee or service. This registration fee is in addition to regular licensing fees. B. While on the owner's property, a potentially dangerous dog shall be restrained by a physical fence, kennel, or sufficiently strong chain, leash, or other confinement suitable to prevent the dog from leaving the owner's property (radio, electronic, or invisible fencing is not considered suitable). C. While off the owner's property, a potentially dangerous dog shall be under physical restraint of the e ether!tvspensible person-with a leash and a muzzle not n °than eight feet length, suitable fet!the size and strength of the do-g-.. (Ord. 3118 § 3, 2014). 8.04.274 Registration of a dangerous dog. A. Registration Required. The owner of a dog declared to be dangerous by the animal control authority or by a court shall register the dangerous dog with the animal control authority pursuant to RCW 16.08.080 within 30 days of the date the dog is declared dangerous. Thereafter, the owner of the dangerous dog shall register the dog annually before or during the month of July. B. Registration Expiration. Certificates of registration for dangerous dogs shall expire on June 30th of each year. C. Registration Fee. The annual registration fee for a dangerous dog is the fee in the fee schedule adopted by Jefferson County for this fee or service. This registration fee is in addition to regular licensing fees. D. Certificate of Registration Application. An application to obtain a certificate of registration of a dangerous dog shall contain the following information: 1. Name, address, and telephone number of the applicant owner; 2. Type, name, age, color, sex, and distinguishing characteristics of the dog; 3. A diagram to approximate scale, showing the secure enclosure proposed to confine the dangerous dog; Ordinance 3149 Exhibit A Page 15 of 23 4. Evidence of the posting of the owner's premises with a clearly visible warning sign that there is a dangerous dog on the property, and a conspicuously displayed sign with a warning symbol that informs children of the presence of a dangerous dog; 5. Pursuant to RCW 16.08.080, sufficient proof of- a. A surety bond issued by a surety qualified under Chapter 48.28 RCW in the amount prescribed in RCW 16.08.080, including any amendments or additions thereto payable to any person injured by the dangerous dog; or b. Sufficient proof of a liability insurance policy in the amount prescribed in RCW 16.08.080, including any amendments or additions thereto insuring the applicant owner for personal injuries inflicted by the dangerous dog. E. Precertificate On-Site Inspection. An employee of the animal control authority shall make an on-site inspection of the applicant's site for keeping the dangerous dog to ensure that the site is securely enclosed and posted. The inspection shall occur within 30 days of the dog being declared dangerous. F. Noncompliance. In the event the owner of a dangerous dog fails to comply with the requirements of this section or RCW 16.08.080, the animal control authority may take immediate action to confiscate the dog pursuant to RCW 16.08.100. Rules and regulations for notifying owners of the confiscation of a registered dangerous dog shall be formulated by the animal control authority. In addition, and in accordance with RCW 9A.20.021 and 16.08.100, the noncompliant owner shall be guilty of a gross misdemeanor. G. Issuance of Certificate of Registration. The animal control authority shall issue the certificate of registration, if the registration fee is paid and the application and site inspection show the applicant meets the requirements of this section and applicable state law. The certificate of registration shall contain its expiration date, and a statement of the applicable criminal penalties. The certificate of registration shall be prominently displayed by the owner of the dangerous dog in an appropriate location, as determined by the animal control authority. H. Annual Inspections. Prior to the renewal of a certificate of registration, the animal control authority shall inspect the premises where the dangerous dog is kept at a time mutually convenient to both the animal control authority and the owner of the dangerous dog. The purpose of the annual inspection shall be to ascertain that the site remains in compliance with this section. The inspection shall occur during the month of June before the expiration of the certificate of registration. Failure of the owner of the dangerous dog to cooperate in the inspection may result in confiscation of the dog and further action pursuant to RCW 16.08.100 and subsection F of this section. L Change of Ownership Prohibited. An owner of a dog declared dangerous shall not sell or otherwise transfer the ownership, custody, or residence of the dog without first obtaining a written eettrt ardefpermission from the City authorizing the transfer. An owner or keeper seeking court approval shall notify the animal control authority of its intent. In determining whether to grant or deny approval, the City shall consider the following criteria: 1. The information set forth in subsection D of this section; Ordinance 3149 Exhibit A Page 16 of 23 2. Any previous violations of this title by the proposed new owner; 3. The facilities (secure enclosure)proposed to contain the dog at its new site; 4. The characteristics of the neighborhood surrounding the proposed new owner's premises, i.e., number of children, schools, day care facilities, etc. (n..a 3023 § ,(Ex n 200 2547 § c !W6)-.;-and 5. If the transfer is outside the City limits, the City shall notify the receiving jurisdiction of the status of the dog as a dangerous dog. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 5, 1996). 8.04.276 Penalty for violation. A. A person who is convicted of violating requirements imposed in accordance with PTMC 8.04.270 or 8.04.271 shall be guilty of a misdemeanor. The maximum penalty shall be a fine in the amount of$1,000, including statutory fees or incarceration in jail for a period not exceeding 90 days, or both such fine and imprisonment. B. A person who is convicted of violating requirements imposed in accordance with PTMC 8.04.274 shall be guilty of a gross misdemeanor. The maximum penalty shall be a fine in the amount of$5,000, including statutory fees or incarceration in jail for a period not exceeding one year, or both such fine and imprisonment. Further, and in addition to such penalty, the dog shall be immediately confiscated and impounded by the animal control authority. C. Any person found guilty of violating PTMC 8.04.271 or 8.04.274 shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the dog, and boarding and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expenses as may be required for the destruction of any such dog. In addition, any potentially dangerous dog or dangerous dog, as defined in this chapter, which attacks a human being or domestic animal may be ordered destroyed at any time pursuant to court order. D. In addition to all other penalties and remedies available to the sCity herein, any dog not controlled in accordance with PTMC 8.04.271 or 8.04.274 is declared to be a nuisance, subject to the abatement authority of the c-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. 3118 § 4, 2014; Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 6, 1996). Article IV. Impoundment 8.04.280 Impoundment—Authorized officers —Location. All confiscation and impounding of animals as provided for in this chapter shall be done by the animal control authority. Animals shall be impounded in the Jefferson County animal shelter or Ordinance 3149 Exhibit A Page 17 of 23 such other location as approved by the city manager. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 7, 1996; Ord. 1969 § 2, 1983). 8.04.290 Impoundment—Delegation of authority. Whenever a power is granted to or a duty imposed upon the Port Townsend police department and/or the chief of police, that power may be exercised or the duty performed by an authorized officer under his/her direction, or by a specially commissioned agent, including but not limited to the animal control authority, as defined in PTMC 8.04.010. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 7, 1996; Ord. 1969 § 3, 1983). 8.04.300 Animal control authority and animal shelter—Interlocal agreement. The city council may, by interlocal agreement, authorize Jefferson County and Jefferson County animal control services to act as the c-City's animal control authority, and to provide animal shelter services on behalf of the c-City. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 7, 1996; Ord. 1969 § 17, 1983). 8.04.310 Animal control authority—Duties. The animal control authority shall have all duties as defined by interlocal agreement and c-City ordinance, and shall be authorized to confiscate and impound all animals subject to confiscation or impoundment as prescribed by eCity 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 ecity, and, if the owner is known, a reasonable fee may be collected therefrom for such services. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 7, 1996; Ord. 1969 § 18, 1983). 8.04.320 Enforcement—Police powers of animal control authority employees. Designated employees of the animal control authority over the age of 21 years may be made special city police officers and charged with the duty of enforcing all ordinances of the c-City and the statutes of the state relating to the care, treatment, control, confiscation, impounding and licensing of animals. A special police officer's commission shall be issued to such employees by, and at the discretion of, the chief of police and may be revoked at the will of the chief of police, and when so revoked, such appointment shall cease and be null and void. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 7, 1996; Ord. 1969 § 19, 1983). 8.04.330 Impoundment—Notice to owner—Holding period. A. When any animal is confiscated and impounded under the provisions of this chapter, the animal control authority shall as soon as feasible notify the owner, if the owner is known, of such confiscation and impoundment and the terms upon which the animal can be redeemed. If the owner of the animal so confiscated and impounded is unknown, then the animal control authority shall make all reasonable efforts to locate and notify the owner of the impounding of the animal. B. Any animal so impounded shall be held for the owner at least five days. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 7, 1996; Ord. 1969 § 20, 1983). 8.04.340 Redemption and disposition of animals other than livestock. A. The owner of any animal, except livestock, which is impounded may redeem it subject to the following conditions: Payment of the fee in the fee schedule adopted by Jefferson County for this fee or service, plus meet other conditions for release of animal. Ordinance 3149 Exhibit A Page 18 of 23 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 for this fee or service, for board, care and feeding of the animal during the impound period. B. If the animal is not redeemed by the owner within five days, the animal control authority, after complying with PTMC 8.04.330, may take the following action: 1. Hold the animal for an additional length of time for the owner; 2. Sell the animal as a pet to another person; or 3. Destroy or otherwise dispose of the animal. C. If the animal is diseased such as to be an imminent threat to the public health or other animals, the animal may be immediately destroyed;provided the animal control authority has made a reasonable attempt to locate and notify the owner. Veterinary consultation at the discretion of the animal control authority may be provided. D. For dogs and cats impounded the first time, the animal control authority may waive the impound fee for any such animal which is not spayed or neutered if, prior to the release of the animal, the owner volunteers the animal for spaying or neutering, deposits the fees for the spaying or neutering with the animal control authority, and the animal is spayed or neutered on or before a date specified in writing by the animal control authority or its agent. E. For dogs and cats not spayed or neutered which are impounded a third time, the animal control authority shall require that the animal be spayed or neutered as a condition of its release to the owner on or before a date specified in writing by the animal control authority or its agent, and the owner shall deposit with the animal control authority, in addition to any other applicable fees, the fee for spaying or neutering of the animal. F. In connection with the impoundment and redemption of dogs and cats not spayed or neutered, the animal control authority shall also do the following: 1. After the first impound and upon redemption, provide the owner with a notice, in a form established by the animal control authority, which shall include an acknowledgment by the owner that it does not want the animal spayed or neutered and have impound fees waived, if such is the case; that the animal will be required to be spayed or neutered upon the third impound of the animal within 12 months; and that the owner will have to pay all applicable fees and spay or neuter fees as a condition to redemption of the animal. Receipt of this notice shall be acknowledged by the owner in writing prior to redemption of the animal; 2. After the second impound within 12 months of the first, and upon redemption, a copy of the notice set forth in subsection (F)(1) of this section shall again be provided to the owner, specifying that this is the second impound within 12 months. The receipt of this notice shall be acknowledged by the owner in writing prior to redemption; Ordinance 3149 Exhibit A Page 19 of 23 3. After the third impound within 12 months of the first, and upon redemption, a copy of the notice described in subsection (17)(1) of this section and specifying that this is the third impound within 12 months shall again be provided to the owner, and shall include a date by which the owner shall have the animal spayed or neutered. The receipt of this notice shall be acknowledged by the owner in writing prior to redemption. G. Failure of an owner to have its animal spayed or neutered on or before the date specified by the animal control authority pursuant to this section, or failure by the owner to do so as may otherwise be required by this chapter, shall be a violation and punishable as set forth in PTMC 8.04.390. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 7, 1996; Ord. 2188 § 3, 1990; Ord. 1969 § 21, 1983). 8.04.350 Adoption of unredeemed animals. Any dog, cat,or other household pet which has not been redeemed, and which is subject to being destroyed under the terms of this chapter, may, at the option of the animal control authority, be retained and placed for adoption upon such terms and conditions as the animal control authority may deem appropriate. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 7, 1996; Ord. 1969 § 23A, 1983). 8.04.360 Redemption of livestock. The owner of anyhet!seEew,geat e of livestock may redeem it within 72 hours from the time of its impoundment subject to the following conditions: A. Payment of an impound fee in the fee schedule adopted by Jefferson County for this fee or service; B. Payment of fee for board of the animal during the impound period beyond the first day of impoundment in the fee schedule adopted by Jefferson County for this fee or service; C. In the case of a het!se ee ilat! demestie animallivestock for which special transportation has been utilized, payment of a transportation fee in the fee schedule adopted by Jefferson County for this fee or service. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 7, 1996; Ord. 1969 § 22, 1983). 8.04.370 Sale—Notice required. Any het!se eew, sheep, gent e et!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 eCity official newspaper, setting forth the time and place and describing the animal with reasonable certainty, and stating the name of the owner, if known, and if unknown, so stating. A copy of such notice shall be served upon the owner, if known to the animal control authority, at least one day before the sale. The animal control authority shall deduct from the proceeds of sale all expenses of feeding and caring for the animal and all expenses of advertising and selling the same, and shall retain the balance in reserve for six months from date of sale, and if unclaimed at the expiration of such period it shall revert to the animal control authority for operation of the animal shelter. No such money shall be paid any claimant except upon proof satisfactory to the animal control authority that he/she is entitled to the same. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 7, 1996; Ord. 1969 § 23, 1983). Ordinance 3149 Exhibit A Page 20 of 23 8.04.372 Destruction of injured or diseased animals. A. Any animal suffering from serious injury or disease may be destroyed by the animal control authority;provided, that the animal control authority shall notify the owner prior to destruction, if the owner is known, and, if the owner is unknown, make a reasonable attempt to locate and notify the owner. Veterinary consultation at the discretion of animal control authority may be provided. B. At the request of the owner, and upon satisfactory proof of ownership, the animal control authority may destroy any dog, cat or other pet suffering from serious injury, advanced age, or disease. C. The following fees shall be paid by the owner for services described in subsections A and B of this section: for each animal destroyed, the fee in the fee schedule adopted by Jefferson County for this fee or service. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 7, 1996). 8.04.380 Interference with impounding prohibited. Any person who opens the Jefferson County animal shelter or attempts to remove any animal impounded without permission, or in any way tampers with or damages the Jefferson County animal shelter, or who hinders, delays or impedes any officer in enforcement of the impounding provisions of this chapter commits a violation punishable as provided in PTMC 8.04.400-390 and/or under other applicable criminal laws. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 7, 1996; Ord. 1969 § 24, 1983). Article V. Violations 8.04.390 Violation—Penalty— Subsequent violations. Except as provided in PTMC 8.04.260, 8.04.274 and 8.04.276, any person who violates any provisions of this chapter shall shave committed a civil penaltyinfraction. The penalty fet the-first violation shall be $114.-00a Class 2 civil infraction. H'''is penalty shall not be suspended ^r ao The penalty f r a seeen subsequent violations of the same section of this chapter shall be $206.00a Class 1 Civil infraction. The penalty -A th;..a T olati,,, of the same seetion e this ehaptet! shall 389.00. The pi s-penalty for each violation f r s��� violations n of these penalties may be t!edtteed, suspended et! defet!t!ed in the set!etie „ffh° en-1i�shall be the default rate as provided for in RCW 7.80.120, and is inclusive of any mandatory statutory assessments. For each violation of a continuing nature, each day shall constitute a separate offense. A notice of civil infraction may be issued by the chief of police or his/her appointed officers or by a specially commissioned police officer. In the case of violations of PTMC 8.04.260, 8.04.274, and 8.04.276, the violations shall be prosecuted in accordance with applicable criminal court rules, and the eCity may also proceed under Chapter 1.20 PTMC 8.04.400 to abate any such violation or violation constituting a nuisance. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 8, 1996; Ord. 2056 § 4, 1986; Ord. 2036, 1986; Ord. 1969 § 37, 1983). 8.04.400 Violation—Nuisance abatement—By eCity when—Hearing—Costs. A. Any pet!sen violating any of the pt!evisiens of this ehaptet!in the keep' manee of I ee as defined in this ehaptet!may, in addition to the penalty pt!evided fet! in PTN4C the same is not done by the ow-net! et!keepet!within a tvasenable amount of time as detet!aiined Ordinance 3149 Exhibit A Page 21 of 23 by the eettt!t, the same shall be abated and tvmeved undet!the dkeetion of any effieet! a-uthetized by the et!det!of the eettft, abatement should isstte* C. When stteh nuisanee has been abated by any effieet! et! authetized agent of the eity, the eests and expenses shall be taxed as pat!t of the eests of the aefien against the pat!ty. in all eases whetv an effieet! is a-uthetized by the eettt!t to abate any stteh nuisanee, he/she shall keep an aeeount of all expenses attending stteh abatement. in addition to ethet!pewet!s hetvin given to eelleet stteh eests and expenses, the eity may b6ng suit fet!the same in any eettt!t of fisdietion against the r° r keex iN- ^ Ntaini g the r , atea. Repealed by Ord. 3149. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 8, 1996; Ord. 1969 § 38, 1983). 8.04.410 Notice of infraction—Contents. dete ininatio will be 1';„^1 unless »test°a as ffevided in this chart er „ftaetie and shall inelude the following: 1. A statement that the netiee t!ept!esents a detetinination that an inftaetien has been eemmitted by the pet!sen named in the n fiee wid that the detetinination shall be final unless eentested as ;.1°a in this ehapt°... imposed as a sanetion; 4. A statement of the menetat!y penalty established fet!the inftaetien; 5. A statement of the ided in this ehaptet!fet!tvspending to the netiee and-the ° ° ° 6. A statement that, at any heat!ing to eentest the detetinination, the eity has the bur-den of inftaetien in ° of the ways ;.1°a in this ..hapt°,-• be punished by ^ fine ^ j^4. Repealed by Ord. 3149. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 8, 1996; Ord. 1969 § 39, 1983). 8.04.420 Notice of infraction-Response required-Contested determination-Hearing. as ;.1°a in this seet o within 15 ..^lend^» days of the date of the net ° amount of the penalty pt!eser-ibed fet!the inftaetien must be submitted with the tvspense. When a Ordinance 3149 Exhibit A Page 22 of 23 entet!ed in the ttt!t's tveot!ds. C. if the pet!son detet!niined to have eenimitted the inftaetion wishes to eentest the , eettt!t shall notify the pet!son in w6ting of the finie, plaee and date of the heat!ing, and that date shall not be seenet!than seven days fteni the date of the notiee, exeept by agt!eeflien eettt!t shall notify the pet!son in w6ting of the finie, plaee and date of the hea6fig. Repealed by Ord. 3149. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 8, 1996; Ord. 1969 § 40, 1983). 8.04.430 Hearing to contest determination of infraction—Procedure. eommitted shall be without jttt!y. not notwithstanding any fule of eettft to the eontt!aI-j-. D. The offieet!who issued the notiee must appeat! at stteh heat!ing if subpeenaed, and may pt!epondetu-nee of the evidenee. inftaetion was eommitted. Whetv it has not been established that the inftaetion was • , an ot!det! dismissing the notiee shall be entet!ed in the eottft's tveot!ds. Whetv it has been established that the inftaetion was eommitted, ot!det! shall be entet!ed in the eottft's tveot!ds. shall be taken in aeeot!da-nee with the Rales fet!Appeal of Deeisions of Cottf!ts of Limited the v„1°s of ppellate Dfooe�t!e. Repealed by Ord. 3149. (Ord. 3023 § 1(Exh. A) 2009; Ord. 2547 § 8, 1996; Ord. 1969 § 41, 1983). 8.04.440 Payment of penalty. Whenevet! a nionetafy penalty is imposed by a eettt!t undet!this ehaptet! it is dtte immediately an to be made payable to the elet!k of eettft. if a pefson is unable to pay at that fiftle, the eetwt alay, in its diset! extension ef the pe6od in w-hieh the penalty may be paid. All penalties Ordinance 3149 Exhibit A Page 23 of 23 lleetea by the eettt!t shall be ..omittoa to the eity f;,,,nee a;..o,teT-. ReRealed by Ord. 3149. (Ord. 3023 § I(Exh. A), 2009; Ord. 2547 § 8, 1996; Ord. 1969 § 42, 1983). 8.04.450 Severability. If any clause, sentence, paragraph, section, or part of this chapter or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this chapter. To this end, the provisions of each clause, sentence, paragraph, section, or part of this law are declared severable. (Ord. 3023 § I(Exh. A), 2009; Ord. 2547 § 8, 1996; Ord. 1969 § 44, 1983).