HomeMy WebLinkAbout2447 Unreasonable Animal NoiseOrdinance No. o~ ~ff/7
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
SECTION 8.04.200, CHAPTER 8.02 ANIMAL CONTROL, OF THE PORT
TOWNSEND MUNICIPAL CODE TO PROHIBIT UNREASONABLY
DISTURBING ANIMAL NOISE AND DECLARING SUCH ANIMAL NOISE
A PUBLIC NUISANCE
WHEREAS, the City of Port Townsend regulates frequent, repetitive, continuous or
habitual animal noise Which unreasonably disturbs residents of Port Townsend; and
WHEREAS, the Jefferson County District Court recently declared Section 8.04.200 of
the Port Townsend Municipal Code (Barking and other noise prohibited) unconstitutionally vague
and unenforceable; and
WHEREAS, the City Council deems it necessary for the public welfare to revise Section
8.04.200 PTMC to comply with. required legal standards and to continue to protect the public
from unreasonable animal noise,
NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as
follows:
Section 1.
to read as follows:
Section 8.04.200 of the Port Townsend Municipal Code is hereby amended
8.04.200 Barking and other noise prohibited.
A_._~. No person may allow an animal tO unreasonably disturb or interfere with the peace,
comfort and repose of any person by frequent, repetitive, continuous or habitual noise, including
barking, howling, yelping, whining or other oral noise.
B___~. Animal noise shall be exempt from this section .which originates from lawfully operated
animal shelters, kennels, pet shops or veterinary clinics.
C_._~. Animal noise defined in this' section is hereby declared to be a public disturbance noise
and a public nuisance. The nuisance shall be subject to abatement procedures defined by this
chapter, including seizure and impoundment of the animal.
D. In addition to any abatement action by the city, violation of this section shall constitute
a civil infraction subject to penalties stated in Section 8.04.390 PTMC.
Ord.~99r~7, §1, 1995; Ord. 1969 § 7, 1983).
Section 2. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of the
provision to other persons or circumstances is not affected.
This ordinance shall become effective upon its approval and publication in the form and
manner required by law.
Read for the first, second, and third times and O~ksed by the City Council of the City of
Port Townsend, Washington, at a reg~,~ held this. ~7'/'tday of
/~'~¢fo~ ~', 1995. -
Attest: ~//~o~-~-.Clise, Mayor ~
/~~ty Clerk
Approved as to Form:
, City Attorney
1/24/95CA § ORD\Ch 804200. DOC