HomeMy WebLinkAbout2547 Animal Control - Dangerous DogsOrdinance No. 2547
AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING AND
REPLACING PORT TOWNSEND MUNICIPAL CODE CHAPTER 8.04, ANIMAL
CONTROL, SECTIONS 8.04.270 THROUGH 279, AND REPLACING SECTIONS
REPEALED WITH NEW SECTIONS 8.04.270, .272, .274 AND .276, TO REGULATE
AND CONTROL POTENTIALLY DANGEROUS DOGS AND DANGEROUS DOGS,
AND AMENDING ARTICLES IV AND V OF CHAPTER 8.04, TO CLARIFY THE
ENFORCEMENT AUTHORITY AND RESPONSIBILITY FOR THE CITY'S
ANIMAL CONTROL AUTHORITY
WHEREAS, pursuant to state law, RCW 16.08.090, and in the interest of public safety,
the City regulates and controls potentially dangerous dogs and dangerous dogs; and
WHEREAS, Jefferson County District Court recently found the City's existing dangerous
dog regulation to be unconstitutional in failing to adequately protect the due process rights of
persons charged with violating the ordinance; and
WHEREAS, the City Council hereby repeals the City's existing dangerous dog regulation
and replaces it with new code sections, which are tailored to cure the constitutional defects found
in the existing ordinance and to enhance the City's ability to protect the public from potentially
dangerous and dangerous dogs; and
WHEREAS, the City Council hereby clarifies the enforcement authority and responsibility
for the City's Animal Control Authority, and adjusts fees for impounding animals to reflect the
actual cost to the taxpayers for this service,
NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as
follows:
Chapter 8.04
ANIMAL CONTROL
Sections:
Article I. General Provisions
8.04.010 Definitions.
8.04.020 Fees and fines deposited in expense fund.
Article
II. Licenses
8.04.030
8.04.040
8.04.050
8.04.060
Dog license - Required.
Dog license - Fees - Waived when.
Dog license - Issuance - Tags - Tattoos.
Dog license - Available when.
Article
Article
8.04.070
8.04.080
8.04.090
8.04.100
8.04.110
8.04.120
8.04.130
8.04.140
Dog license - Due when - Late penalty.
Lost tags - Replacement fee.
License tag removal unlawful.
Unlicensed dogs - Impoundment.
Dog kennel - License required.
Kennel license - Fees - City authorization required.
Kennel license - Inspection required.
Kennel license - Dogs to be tagged.
III. Regulations
8.04.150
8.04.160
8.04.170
8.04.180
8.04.190
8.04.195
8.04.200
8.04.210
8.04.220
8.04.230
8.04.240
8.04.250
8.04.255
8.04.260
O. ~/"l'./.,
8.04.270
8.04.272
8.04.274
8.04.27r6
Leash requirements.
Running at large prohibited.
Running in packs prohibited.
Stray animals - Defined - Impoundment.
Stray animals - Release to authorities.
Mandatory spaying or neutering of adopted animals.
Barking and other noise prohibited.
AcCessible female in heat prohibited when.
Chasing or obstructing vehicles prohibited.
Injuring property prohibited.
Harassing pedestrians prohibited.
Destruction of injured Or diseased animals.
Owner surrender fees.
Quarantine for biting animals.
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Potentially d~gerous dogs.
Failure to control a dog decl~ pOtentially dangerous - D~larafion of a
dog as dangerous.
Registration of a dangerous dog.
Penalty for viOlation.
IV. Impoundment
8,04.280 Impoundment - Authorized officers - Location.
8.04.290 Impoundment - Delegation of authority.
2 Ord. 2547
8.04.300
agreement.
8.04.310
8.04.320
employees.
8.04.330
8.04.340
8.04.350
8.04.360
8.04.370
8.04.380
Animal control authority and animal shelter - Interlocal
Pmmdmaster Animal control authority - Duties.
Enforcement - Police powers of pomathn'ax~ animal control authority
Impoundment - Notice to owner - Holding period.
Redemption and disposition of animals other than livestock.
Adoption of unredeemed animals.
Redemption of livestock.
Sale - Notice required ~
Destruction of injured or diseased animals.
Interference with impounding prohibited.
Article V. Violations
8.04.390
8.04.400
8.04.410
8.04.420
8.04.430
8.04.440
8.04.450
Violation - Penalty - Subsequent violations.
Violation - Nuisance abatement - By city when - Hearing - Costs.
Notice of infraction - Contents.
Notice of infraction - Response required - Contested determination -
Heating.
Hearing to contest determination of infraction - Procedure.
Payment of penalty.
Severability.
Section 1. Section 8.04.010, Definitions, is revised as follows:
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.
Pr 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, 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.
3 Ord. 2547
4. "Animal control officer" means any individual employed, contracted or appointed
by the animal control authority, for the pu .rpose of aiding in the enforcement of this chapter or any
other law or ordinance relatine to the licensine of animals, control of animals or seizure and
im~r~undment 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
an0 taking into custody of any animal.
B 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.
e 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 pro~rty 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.
t9 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.
E 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.
F 14. "Kennel" means a place where five or more adult dogs are kept:
1. "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.
2. "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 aiid
llamas, and other domestic mammals and/or fowl that have intrinsic value, as distinguished from
pet value.
t-~ 16. "Owner" means any person, firm, corporation, organization, or department,
possessing, harboring, keeping, having an interest in or fight 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.
4 Ord. 2547
t 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.
t: 18. "Person" includes any-person individual, partnership, firm, joint stock company,
corporation, trust or association Or other legal entity vf-persvrrs.
t~ 19. "Potentially dangerohs dog" means any dog that when unprovoked: (a) iihqiCtS bites
on 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 attackT; or [gA 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, o~rated 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.
t:: 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.
iq 24. The city adopts by reference, as now or hereafter amended, the following chapters
of Title 16 RCW: Chapter 16.08, Chapter 16.10, Chapter 16.24 and Chapter 16.52. sections-of
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(Ord. 2547 § 1, 1996; Ord. 2114 §§ 1, 4, 8, 1988; Ord. 2056 § 1, 1986; Ord. 1969 § 1, 1983).
~. Section 8.04.270, Harboring potentially dangerous dogs prohibited - contested
determinations; Section 8.04.272, Potentially dangerous dog - Certificate of registration; Section
8.04.274, Potentially dangerous dog - Restraint - Dog not to be declared dangerous when; Section
8.04.276, Potentially dangerous dog - Confiscation; Section 8.04.278, Potentially dangerous dog -
Impoundment procedures and fees; Section 8.04.279, Potentially dangerous dog - Prosecution and
penalty for violation - Registration authority, in Chapter 8.04, Animal Control, of the Port
Townsend Municipal. Code are hereby repealed and replaced by this Ordinance Sections 3, 4, 5
and 6 herein. (Ord. 2547 § 2, 1996.)
5 Ord. 2547
Section 3. A new Section 8.04.270, Potentially dangerous dogs, is added to replace
sections repealed in this Ordinance Section 2 as follows:
8.04.270 Potentially dangerous dogs.
A. Declaration of a Dog as Potentially Dangerous. The animal control authority has the
authority to declare a dog potentially dangerous in any of the levels described as follows, if the
animal control authority has probable cause to believe the dog falls within the following
definitions:
1. Level 1. A dog is level 1 potentially dangerous when without provocation it
chases or approaches a person upon the streets, sidewalks or other public property in a menacing
fashion or apparent attitude of attack.
2. Level 2. A dog is level 2 potentially dangerous when it causes injury to or
otherwise threatens the safety of a human or domestic animal.
3. Level 3. A dog is level 3 potentially dangerous when it bites a human or
domestic animal, either on public or private property.
A dog shall not be declared level 2 or level 3 potentially dangerous if the threat, injury, or bite
is sustained by a person who, at the time, was committing a willful trespass or other tort upon the
premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or
has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was
committing or attempting to commit a crime.
B. Restraint of Potentially Dangerous Dog. Potentially dangerous dogs shall be restrained
in the following manner:
1. ^ level 1 potentially dangerous dog, whenever outside the owner's residence
and not on a leash, shall be restrained by a physical device or structure that prevents the dog from
reaching a public sidewalk, easement, right-of-way, road or adjoining property and must be
located where the dog does not interfere with legal access to the owner's property.
2. A level 2 potentially dangerous dog must comply with the restrictions on a level
1 potentially dangerous dog, and in addition the animal control authority may require the owner
to obtain and maintain proof of public liability insurance. The owner may be required to complete
a responsible pet ownership program administered by the animal control authority. All costs
associated with the program shall be paid by the owner.
3. A level 3 potentially dangerous dog shall be confined within a secure enclosure
whenever the dog is not within the owner's residence. The secure enclosure must be located
where it does not interfere with the public's legal access to the owner's property. In addition, the
animal control authority may require the owner to acquire and maintain proof of public liability
insurance. The owner shall not permit the dog to be outside the secure enclosure or off the
owner's property unless the dog is muzzled and restrained by an adequate leash, and under the
control of a capable person. In addition, the owner must complete a responsible pet ownership
program administered by the animal control authority. All costs associated with the program shall
be paid by the owner.
6 Ord. 2547
t
C. Notice. When the animal control authority determines that a dog is potentially
dangerous, the animal control authority shall notify the owner in writing that the dog has been
declared potentially dangerous. The notice shall contain a description of the dog, the name and
address of the dog's owner, if known, a brief summary of the facts upon which the declaration
is based, a statement of any restrictions placed on the dog as a consequence of the declaration, a
statement of the penalties for further violations, and notice of the right to appeal the declaration,
including a statement of the deadline for the appeal.
D. Service of Notice. The animal control authority shall personally serve or mail by
certified mail the written declaration of a potentially dangerous dog to the owner. If the owner
is unknown, the animal control authority shall make reasonable efforts to locate and notify the
owner. The animal control authority shall send a copy of such notice to any party on record with
the animal control authority who has reported or complained about the dog. The failure to notify
such third party shall not affect or limit the validity of the notice.
E. Appeal of Declaration to the Chief of Police. The owner of a dog declared potentially
dangerous shall have ten (10) calendar days from date of the written declaration to appeal the
declaration to the Port Townsend chief of police. The owner's appeal must be in writing and must
be filed with the animal control authority within the appeal period. The appeal shall be
accompanied by a $25 administrative fee.
F. Hearing Before the Chief of Police or Designee. Upon receiving the written notice of
appeal, the animal control authority shall promptly forward the appeal to the chief of police. The
chief of police shall promptly schedule an appeal hearing and provide written notice of the hearing
to the appellant. The appeal may be heard by a designee of the chief of police. At the heating,
the animal control authority shall have the burden of proving that the dog is potentially dangerous
by a preponderance of the evidence. The chief of police or his/her designee shall issue a written
decision to the appellant which either sustains or reverses the animal control authority's
declaration. The decision shall be the final decision of the animal control authority. If the
declaration is sustained, the appellant shall be notified of the right of an appeal. If the chief of
police or his/her designee finds that there is insufficient evidence to support the declaration, it
shall be rescinded, and the restrictions imposed thereby annulled.
G. Appeal of Decision of the Chief of Police. The owner of a dog declared potentially
dangerous may appeal the decision of the chief of police to the Port Townsend city council. A
written appeal shall be filed with the city clerk within ten (10) calendar days after the date of the
chief of police's written decision. The appeal shall be accompanied by the appeal fee of $200.
In the hearing before the city council, the appellant shall have the burden to prove that the chief
of police's decision was clearly erroneous. The appeal hearing before the city council shall be an
open record hearing, with notice sent to the appellant and any party of record who has filed a
complaint or report about the dog with the animal control authority. Failure to properly notify
the complainant shall not be grounds for a court to reverse the city council's decision.
H. Judicial Appeal. Appeals of the city council's decision must be taken in the superior
court of Jefferson County within twenty-one (21) days from the date of the city council's written
decision. It shall be the appellant's burden to prove that the decision by the city council that the
7 Ord. 2547
dog is potentially dangerous is arbitrary and capricious. The court shall review the matter based
upon the record established before the city council.
I. Court Decision. Upon review of the city council's written decision, if the court finds
that the decision of the city is arbitrary and capricious, the declaration shall be rescinded and any
restrictions imposed shall be removed. If the court finds that .the decision by the city was not
arbitrary and capricious, the court may impose additional restrictions on the dog. The court shall
be authorized to consider whether the dog should be declared dangerous in accordance with
RCW 16.08.070(2).
J. Control of the Dog During Appeal Process. During the entire appeal process, it shall
be unlawful for the owner or other party appealing the declaration of potentially dangerous dog
to allow or permit the dog to: (1) be unconfined on the premises of such person; or (2) go beyond
the premises unless such dog is securely leashed or humanely muzzled or otherwise securely
restrained. In the event the appellant fails to control the dog as provided in this subsection, the
animal control authority shall be authorized to seize and impound the dog during the pendency of
the appeal.
K. Change of Ownership, Custody or Residence. The owner of a dog that has been
declared potentially dangerous who sells or otherwise transfers the ownership, custody, or
residence of the dog, shall within ten (10) working days prior to the change of ownership, inform
the animal control authority in writing of the name, address and telephone number of the new
owner, the new address where the dog will be located and the name, description and license
number of the dog. Prior to consummating the change of ownership, the owner shall notify the
new owner in writing of the details of the dog's record relating to the declaration that the dog is
potentially dangerous, and the terms and conditions of the declaration. The owner shall also
provide the animal control authority with a copy of the written notification which shall contain a
notarized statement by the new owner acknowledging receipt of the notice. (Ord. 2547 § 3,
1996.)
Section 4. A new Section 8.04.272, Failure to control a dog declared potentially
dangerous - Declaration of a dog as dangerous, is added to replace sections repealed in this
Ordinance Section 2 as follows:
8.04.272 Failure to control a dog declared potentially dangerous - Declaration of a dog as
dangerous.
A. Violation. After a dog is declared potentially dangerous pursuant to this chapter, the
owner of the potentially dangerous dog shall be guilty of a violation of this chapter if the dog runs
at large, chases or approaches a person upon the streets, sidewalks, or other public grounds in a
menacing fashion or apparent attitude of attack, causes injury to or otherwise threatens the safety
of a human or domestic animal, or bites a human or domestic animal. This section shall not
preclude criminal prosecution. In the event of a violation of this Chapter, or under circumstances
where the dog poses a clear threat to the safety of persons or other domesticated animals, the
animal control authority shall be authorized to seize and impound the dog.
8 Ord. 2547
B. Declaration of a Dog as Dangerous. The animal control authority has the authority to
declare a dog dangerous. If the owner of a potentially dangerous dog is found guilty of violating
this section, the animal control authority shall make a further determination as to whether the dog
should be declared dangerous. Pursuant to RCW 16.08.090(3), dogs shall not be declared
dangerous if the threat, injury, or damage was sustained by a person who, at the time, was
committing a willful trespass or other tort upon the premises occupied by the owner of the dog,
or was tormenting, abusing or assaulting the dog or has, in the past, been observed or reported
to have tormented, abused, or assaulted the dog or was committing or attempting to commit a
crime.
C. Notice. When the animal control authority determines that a dog is dangerous, the
animal control authority shall notify the owner in writing that the dog has been declared
dangerous. The notice shall contain a description of the dog, the name and address of the dog's
owner, if known, a brief summary of the facts upon which the declaration is based, a statement
of any restrictions placed on the dog as a consequence of the declaration, a statement of the
penalties for further violations, and notice of the fight to appeal the declaration, including a
statement of the deadline for the appeal.
D. Service of Notice. The animal control authority shall personally serve or mail by
certified mail the written declaration of a dangerous dog to the owner. If the owner is unknown,
the animal control authority shall make reasonable efforts to locate and notify the owner. The
animal control authority shall send a copy of such notice to any party on record with the animal
control authority who has reported or complained about the dog. The failure to notify such third
party shall not affect or limit the validity of the notice.
E. Appeal of Declaration to Chief of Police. The owner of a dog declared dangerous shall
have ten (10) calendar days from the date of the written declaration to appeal the declaration to
the Port Townsend chief of police. The owner's appeal must be in writing and must be filed with
the animal control authority within the appeal period. The appeal shall be accompanied by a $25
administrative review fee.
F. Hearing Before the Chief of Police. Upon receiving the written notice of appeal, the
animal control authority shall promptly forward the appeal to the chief of police. The chief of
police shall promptly schedule an appeal hearing and provide written notice of the hearing to the
appellant. The appeal may be heard by a designee of the chief of police. At the hearing, the
animal control authority shall have the burden of proving that the dog is dangerous by a
preponderance of the evidence. The chief of police shall issue a written decision to the appellant
which either sustains or reverses the animal control authofity's declaration. The decision shall be
the final decision of the animal control authority. If the declaration is sustained, the appellant
shall be notified of the fight of an appeal. If the chief of police or his/her designee finds that there
is insufficient evidence to support the declaration, it shall be rescinded, and the restrictions
imposed thereby annulled.
G. Appeal of Decision of the Chief of Police. The owner of a dog declared dangerous
may appeal the decision of the chief of police to the Port Townsend city council. A written
appeal shall be filed with the clerk of the district court within ten (10) calendar days after the date
of the chief of police's written decision. The appeal shall be accompanied by an appeal fee of
9 Ord. 2547
$200. In the hearing before the city council, the appellant shall have the burden to prove that the
chief of police's decision was dearly erroneous. The appeal hearing before the city council shall
be an open record hearing, with notice sent to the appellant and any party of record who has filed
a complaint or report about the dog with the animal control authority. Failure to properly notify
the complainant shall not be grounds for a court to reverse the city council's decision.
H. Judicial Appeal. Appeals of the city council's decision must be taken in the superior
court of Jefferson County within twenty-one (21) days from the date of the city council's written
decision. It shall be the appellant's burden to prove that the decision by the city council that the
dog is dangerous is arbitrary and capricious. It shall be the appellant's burden to prove that the
decision by the city council that the dog is dangerous is arbitrary and capricious. The court shall
review the matter based upon the record established before the city council.
I. Court Decision. Upon review of the city council's written decision, if the court finds
that the decision of the city is arbitrary and capricious, the declaration shall be rescinded and any
restrictions imposed shall be removed. If the court finds that the decision by the city was not
arbitrary and capricious, the court may impose additional restrictions on the dog, including but
not limited to an order authorizing the destruction of the dog.
J. Control of the Dog During Appeal Process. During the entire appeal process, it shall
be unlawful for the owner or other party appealing the declaration of dangerous dog to allow or
permit the dog to: (1) be unconfined on the premises of such person; or (2) go beyond the
premises unless such dog is securely leashed or humanely muzzled or otherwise securely
restrained. In the event the appellant fails to control the dog as provided in this subsection, the
animal control authority shall be authorized to seize and impound the dog during the pendency of
the appeal. (Ord. 2547 § 4, 1996.)
Section 5. A new Section 8.04.274, Registration of a dangerous dog, is added to replace
sections repealed in this Ordinance Section 2 as follows:
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 30 of each year.
C. Registration Fee. The annual registration fee for a dangerous dog is $175.00. This
registration fee is in addition to regular licensing fees. The initial registration fee shall be prorated
according to number of months remaining in the registration year.
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;
10 Ord. 2547
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 of at least $50,000 payable to any person injured by the dangerous dog; or
b. Sufficient proof of a liability insurance policy in the amount of at least
$100,000 insuring the applicant owner for personal injuries inflicted by the dangerous dog.
E. Pre-certificate 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. Non-compliance. 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 16.08.100 and RCW 9A.20.021, the non-
compliant 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 paragraph 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:
1. The information set forth in paragraph D of this Section 8.04.274;
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; and
11 Ord. 2547
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.)
Section 6. A new Section 8.04.276, Penalty for violation, is added to replace sections
repealed in this Ordinance Section 2 as follows:
8.04.276 Penalty for violation.
A. A person who is convicted of violating requirements imposed in accordance with
Sections 8.04.270 PTMC, shall be guilty of a misdemeanor. The maximum penalty shall be a fine
in the amount of $1,000 or incarceration in jail fora period not exceeding six months, or both
such fine and imprisonment.
B. A person who is convicted of violating requirements imposed in accordance with
Sections 8.04.272 or .274 PTMC 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 Sections 8.04.270, .272, or.274 PTMC, 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 Sections 8.04.270, .272. or .274 PTMC 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.)
Section 7. Article IV., Impoundment, Sections 8.04.280 through 8.04.380 are amended
to read as follows:
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 authontv. ~.~,,~, u~ },~,,~,.~ ~,, .l~ uu,y .,u~,,u~..~ u,~,.~, and ~,~ a~;~.~. Animals
12 Ord. 2547
shall be impounded in that-pound the Jefferson County Animal Shelter or such other location as
approved autt-rorized by the city council. (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 Section 8.04.010 PTMC. (Ord. 2547 § 7 1996;
Ord. 1969 § 3, 1983).
8.04.300 Pvundmast~r Animal control authority and animal shelter - Interlocal agreement.
The city council may, by interlocal agreement, between 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.
poundma'ste-t of-the-cityr. (Ord. 2547 § 7, 1996; Ord. 1969 § 17, 1983).
8.04.310 Pmmd'maxter Animal control authority - Duties.
The pem'~trn'amer 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
impound/rig confiscation or impoundment as prescribed by city ordinance, and such animals shall
be provided with proper care, feed food and water while so confined. The pvundmaxtet 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 ptmmimast~ animal control authority employees.
Designated employees of the potmdnm'c~ 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 flnpvunding 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.
13 Ord. 2547
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:
1. Upon the first impoundment of the animal:
a. An impound fee of SarO:~ 15.00 for spayed or neutered cats and dogs,
b. An impound fee of $2P,.~_, 25.00 for cats and dogs which are not spayed
or neutered;
or neutered;
or neutered;
2. Upon the second impoundment of the animal:
a. An impound fee of $20.00 30.00 for spayed or neutered cats and dogs,
b. An impound fee of $3P,.C,¢, 40.00 for cats and dogs which are not spayed
3. Upon the third impoundment of the animal:
a. An impound fee of $~30:00 40.00 for spayed or neutered cats and dogs,
$.,,,.~, 60.00 for cats and dogs which are not spayed
b. An impound fee of ~"'
4. 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;
5. For all impounded animals, $5r00 7.50 per day after the first 24 hours for board,
care and feeding of the animal during the impound period shall also be charged and paid prior to
redeemin~ the animal.
B. If the animal is not redeemed by the owner within five days, the iiiii:,oiJi~dii~g 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 l:nmndmax~ animal control
authority has made a reasonable attempt to locate and notify the owner. Veterinary consultation
at the discretion of the prmmtmam'er animal control authority may be provided.
D. For dogs and cats impounded the first time, the ixnmdmas~ 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 pc, maflmas~ animal control
authority or its agent.
E. For dogs and cats not spayed or neutered which are impounded a third time, the
prnmdmastvr 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 pmmOmas~r
animal control authority or its agent, and the owner shall deposit with the pemmtm-aster animal
14 Ord. 2547
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 !0oumlmas~ 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 poundmaster aninlal 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 subdivision 1 of this subsection 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 subdivision 1 of this subsection 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 gn:mndnmst, r 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 Ia:mratrnas~ animal control
authority., be retained and placed for adoption upon such terms and conditions as the poundmaster
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 $20.00 impound fee;
B. Payment of $6007.50 per day or Part thereof for board of the animal during the
impound period beyond the first day of impoundment;
C. In the case of a horse, cow or other similar domestic animal for which special
transportation has been utilized, payment of a $~O:0050.00 transportation fee. (Ord. 2547 § 7,
1996; Ord. 1969 § 22, 1983).
15 Ord. 2547
8.04.370 Sale Notice required., -
- talllllltal~o
Aw. Any horse, cow, sh~p, goat or other livestock not cl~m~ ~d releas~ upon required
payment sh~l, at the expiration of 72 hours, be sold at public auction upon 10 days' notice
publish~ ~ ~e city offici~ newsier, setting fo~ ~e time and place and describing the ~imal
with rmsonable cer~inty, and s~fing the name of the owner, if ~own, ~d if un~own, so
stating. A copy of such notice shall be se~ upon the owner, if ~own to the
~im~ ~n~ol au~ofi~ at l~t one day before ~e ~e. ~e ~ ~im~ control authority
sh~l d~uct from the proc~s of ~e
ex~n~s of adveffising ~d ~ng ~e ~e, ~d sh~ re~ the b~ance in rese~e for six months
from date of ~le, ~d if unclaim~ at the expiration of such period it sh~l reve~ to the
~ ~im~ control authority for operation of the ~ anim~ shelter. No such money
shall be p~d any cl~m~t except upon proof satisfacto~ to the ~ ~imal control
authority that he/she is entifl~ to the ~me.
~ If~iemiimm~-: .... ' iS lnjuicu vi u~u ~u~n u~at i~~uuiu u~
~undniasrer niay be pi-ovld~. (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
Clcstruction, 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
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, $20.00, except for animals owned by senior
citizens, the fee shall be $10.00. (Ord. 2547 § 7, 1996.)
8.04.380 Interference with impounding prohibited.
Any person who operate~, opens the porn'rd Jefferson County Animal Shelter or attempts to
remove any animal impounded without permission, or in any way tampers with or damages the
lxmnd 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 and/or under other applicable criminal laws. (Ord. 2547 § 7, 1996;
Ord. 1969 § 24, 1983).
16 Ord. 2547
Section 8.
follows:
Article V. Violations, Sections 8.04.390 through 8.04.450, is amended as
Article V. Violations
8.04.390 Violation - Penalty - Subsequent violations.
Except as provided in PTMC Sections 8.04.260 and 8.04.270, .272, .274 and .276, any person
who violates any provisions of this chapter shall incur a civil penalty. The penalty for the first
violation shall be $5070066.00. This penalty shall not be suspended or deferred. The penalty for
a second violation of the same section of this chapter shall be SJr00r00114.00. The penalty for
third violation of the same section of this chapter shall be $i50r00209.00. 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 Sections 8.04.260 and 8.04.270, .272, .274, and .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 crimin al 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.
17 Ord. 2547
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
committ~ by the person named in the notice and that the determination shall be final unless
contested as provided in this chapter;
2. A statement that an infraction is a noncriminal offense for which imprisonment
may not be imposed as a sanction;
3. A statement of the specific infraction for which the notice was issued;
4. A statement of the monetary penalty established for the infraction;
5. A statement of the options provided in this chapter for responding to the notice
and the procedures necessary to exercise these options;
6. 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;
7. A statement that at any hearing requested for the purpose of examining
mitigating circumstances sun'ounding the commission of the infraction the person will be deemed
to have committed the infraction and may not subpoena witnesses;
8. 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;
9. 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. 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 seven (7) calendar days of the date of the notice.
B. If 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.
18 Ord. 2547
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, 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 ..... ~' - -" ..... '":--" "--' --
ou~u~.~ ,_.,,u,[ ~.lv. ~,.m~. The decision of the superior court is subject only to
discretionary review pursuant to ~ of 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 clerk-treasurer. (Ord. 1969 § 42, 1983).
8.04.450 Severability.
11 gllly IJI~J¥1~IUII UI 1.1113 blldlJgGl ~1 It3 d~llb~tl~ll [~ flly ~13~11 UI ~IIbUIII~LRII~G 1~ IIGI~ IIIYRIIU~
is ilO[ -~ ....... ~ ._ .,_, .... ~., ......... :_: ..... r .~:_ .,., _ ~_ _, ....~ , .......... ,_, _
If any clause, sentence, p~agraph, section or part of this Ordinance or its application to any
person or circumstance is held to be inv~id or unconstitutional by a court of competent
jurisdiction, such order or judgment shall not affect the validity or constitution~ity of the
remainder of any part of this Ordinance. To this end. the provisions of each clause, sentence,
19 Ord. 2547
paragraph, section or part of this law are declared severable. (Ord. 2547 § 8, 1996; Ord. 1969
§ 44, 1983).
This ordinance shall take effect and be in force five days after the date of its publiCation
in the manner provided by law.
Read for the first, second, and third times and passed by the City Council of the City of
Port Townsend, Washington, at a regular meeting thereof, held this 7th day of October, 1996.
Juli~cCulloch, Mayor
Attest:
Pam Kolacy, City Clerk
10/08/96;10/02/96 [96-043] Ord\{Animal96.doc}
City Attorney
20 Ord. 2547