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HomeMy WebLinkAbout1692k . .. a .i ORDINANCE NO. AN ORDINANCE REGULATING ANIMALS AND LIVESTOCK, PROVIDING FOR AN ANIMAL POUND, ESTABLISHING THE POSITION OF POUNDMASTER AND PROVIDING FOR APPOINTMENT AND DUTIES OF A POUNDMASTER, PROVIDING FOR AND REGULATING THE IMPOUNDMENT OF ANIMALS AND LIVESTOCK, THE LICENSING AND CONTROL OF ANIMALS AND THE SALE OF IMPOUNDED LIVESTOCK, DEFINING OFFENSES FOR FAILURE TO CONTROL AND LICENSE ANIMALS OR LIVESTOCK AND PENALTIES THEREFOR, AND SETTING FEES FOR LICENSING AND IMPOUNDING ANIMALS AND LIVESTOCK, AND FURTHER PROVIDING PENALTIES FOR VIOLATIONS BY THE OWNERS OF ANIMALS AND LIVESTOCK. THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, IN REGULAR SESSION ASSEMBLED, DO ORDAIN AS FOLLOWS: i f_�T V Section 1. Animal Pound: 'There is hereby created for the City of Port 'Townsend an Animal Pound for the restraint, care ani disposal of dogs, cats and other animals taken up or impounded for violation of or contrary to any provisions of this oYiO�Y�Ncr The Animal Pound shall be located at such place as the city council of said city shall, from time to time designate. Said animal pound shall be under the direct control and supervision of the poundmaster. Section 2. Poundmaster: The position of City Poundmaster is hereby created, and the.city police chief shall employ, subject to the confirmation of the mayor, a city poundmaster, and it shall be the duty of such poundmaster to enforce the provisions of this chapter anIto perform such other services aAay be directed to do by the chief of police. Section 3. Poundmaster to keep records: The city poundmaster shall keep accurate and canplete records of all animals impounded, including a description of the animal, where found and other pertinent information; and a complete record of all monies collected for sale, board, redemtion and care of said animals. Such records shall be at all times open to inspection by city officials and such poundmaster shall make and file with the city clerk, on the first day of each month, a full and true report and account of all animals impounded, sold and redeemed, and of all the fees and charges collected by him the preceding month. Said fees and charges to be deposited by him to the current expense fund of the city. L 2 Section 4. Interference with Pound: Whoever shall open or attempt to open any city pound, or whoever shall take or attempt to take therefrom any impounded animal without first paying to such pound - master all the fees and charges against such animals or without the consent of the city poundmaster, or whoever shall in any manner hinder, delay or obstruct the city poundmaster in the discharge of any of his duties or work under this chapter, or whoever shall directly or indirectly attempt to do so, or whoever shall hinder, delay or obstruct the taking up or the impounding of any animals, or whoever shall directly or indirectly attempt to.do so, shall be guilty of a misdemeanor. Section 5. Kee2inq of Animals or livestock: No cattle, horse, ass, goat, mule, sheep, swine, dog, fowl, nor any other domestic animal, shall be permitted to run at large during any part of the hours of the day or night, on any of the streets, sidewalks, alleys, parks or other public lands or places within the city limits. Section 6. What constitutes running at Large: Any and all of the animals mentioned in this chapter shall be deemed to be running at large contrary to the provisions hereof, if found within the city limits, unless the same are being driven or led along the public streets in the act of transit or under the immediate control of the person owning or charged with the care thereof, but if any of such animals shall be found to be safely and properly tied or tethered or fenced so as to prevent them from going upon or reaching any sidewalks, streets, alleys, lanes, parks, or any other public lands or places, they shall not be so deemed running at large contrary to any provisions of this chapter. Any such animal found to be running at large as provided in this chapter shall be declared to be a nuisance and may be impounded as such. i3 Section 7. Impoundment of animals or livestock at large: The city poundmaster shall promptly take up and impound in the city pound AMCC any ana all such animals as described in this ° vi►�W found to be O R P(AeAAJtp fi running at large contrary to any of the provisions of this r, and to safely and properly keep, feed and water the same at the expense of the city, until the same shall be disposed of, duly ` redeemed or sold as herein provided. Section 8, Redemption of impounded animals or livestock: The owner or person entitled to the possession of any such animals taken up or impounded may redeem the same at any time before the sale or disposal thereof, as herein provided, by paying to the city pound - master all the fees and charges herein prescribed, and it shall be the duty of the city poundmaster to charge and collect for- the use of the city the following fees and charges: For taking up or impounding the first head of livestock or animal, the sum of five dollars; for each head of livestock or animal over and above one belonging to the same owner taken up or impounded at the same time, the sum of two dollars; for keeping or feeding of each of such livestock or animals the sum of one dollar and fifty cents per day after the first twenty-four hour period; for the advertising and selling of such animals or livestock the feel; prescribed by law for sheriffs on sale of personal property execution. Section 9. Unredeemed livestock offered for sale: If no person shall redeem or legally release any such animals within forty-eight hours after the impounding thereof, it shall be the duty of the city poundmaster to advertise for the same for sale by posting notices • • of sale in three public places within the corporate limits of the city, and also to post a copy of such notice at the pound gate or entrance wherein such animals are kept, and to serve a copy thereof on the owner of such animals, if known and can be found, by personally delivering same to such owner or leaving it at his usual place of abode, which notice shall describe such animals to be sold, and state that the sane have been impounded and will be sold -by the poundmaster at the gate or entrance to the city pound, giving its location approximately, at public auction to the highest bidder for cash without redemption, on the day and hour therein specified in such notice, and which notice shall be dated and signed by the poundmaster, and shall be posted and served as herein provided, five days before the day of such sale, and it shall be the duty of such poundmaster to make such sale in accordance with such notice and provisions of this chapter, unless such animals shall be redeemed or legally released before such sale, and deliver immediate possession thereof to the purchaser upon receipt of the purchase price and deliver to such purchaser a duplicate receipt therefor as prescribed by ordinance; provided, that such poundmaster shall have authority to continue or adjourn any sale, for one, two or three days by public announcement thereof at the time and place of sale fixed by such notice, and by noting such continuance of adjournment on the notice; provided further, that in default of the city's fees and charges against such animals the same shall be sold to the city without redemption and shall become the absolute property of the city to be sold or otherwise disposed of in such manner as may be directed by the city council. �t�' r Section 10. Surplus from sale of unredeemed livestock: if there shall be any surplus arising from the sale of any such animals under the provisions of this chapter, after deducting all the fees and charges herein provided, the same may, by order of the city council, be paid to the owner of such animals within six months from the date of such sale and proof- of his ownership. DOG AND CAT LICENSES AND RULES AND REGULATIONS Section 11. License Required: It shall be unlawful for any person to own keep or have in possession or control in the city any dog or cat of either sex more than four months of age without having first obtained a license therefor as herein provided. 1Vra4a4Arian, pamoon cam^ pates QW , key c hat � ce+wr01 a� az cis, a*11- beeM of f=w c rnem!6hs W mosft-- im ajge , s-ha� he rAwpoj=rci be o4tbwOn t lose-. kimonme, sxp*r Licenses shall be issued by the city clerk upon payment of the following fees: Female dog ...................... $4.00 Male and spayed female dogs..... $2.00 Cat of either sex............... $1.00 Such licenses shall consist of a metal tag of a size and shape suitable to be attached to the collar of the animal for which issued, shall be numbered serially commencing with the number one each year and shall bear the number of the year for which issued. Such license shall be for a period of one year, shall be due on January lst of each year and shall expire on December 31st of the year of issuance. All licenses issued for dogs of either sex shall be permanently attached to the collar or harness of and worn by the animal for which issued until such license shall have expired. Before issuing any dog or cat license, the city clerk shall take .from the applicant therefor an application in writing which shall state the breed, age, sex and general description as to color, weight and characteristics and give the name, if any, of the animal for which the license is being issued, and the serial number of the license tag to be issued therefor, and shall be signed by the applicant. Section 12. Maintaininga nuisance: It shall be unlawful for any person to suffer or permit, within the city, any dog or cat in their possession, or under their control, to bark or howl, or to in any manner make or create any obnoxious noise or disturbance, or do any other act or thing to the annoyance of any persons, or to keep, harbor or maintain any dog or cat doing so. Allsuch animals are hereby declared to be a nuisance and may be impounded as such. Section 13. Dog_or cat to wear license tag: It shall be unlawful for the owner or custodian of any dog or cat to keep within. the city without having permanently attached to a suitable collar or harness worn by such animal the current metal license tag issued for such cat or dog. Any dog or cat found without such license tag is hereby declared to be a nuisance and may be impounded as such. Section 14. Maintaining vicious or dangerous animal: It shall be unlawful for any person to keep, harbor or maintain any vicious or dangerous animal at any place within the city. It shall be the duty of the poundmaster with -the assistance of the police department of the city in such cases as may be necessary, to kill or otherwise properly dispose of any such animal found within the city. The police judge shall have authority to, in his discretion and in addition to any other penalty imposed for the violation of this section, order any such animal killed or otherwise properly disposed of and assess the cost and expense thereof as an additional penalty to be taxed and collected as any other fine or cost in such case. Section 15. Impoundment: Any clog or cat taken up or impounded for a violation hereof shall be held for a period of at least forty-eight hours during which period the owner or custodian thereof may redeem and regain custody thereof by paying to the city any license fee that may be due for such animal; by further paying to the poundmaster the sum of five dollars for a pick-up charge for taking such animal into custody; and paying a charge of• one dollar and fifty cents to the poundmaster for compensation for board and care for such impounded animal for each twenty-four hour period or part thereof for which said animal is retained. Any dog or cat held so impounded for more than forty-eight hours may be so redeemed by the payment of the sum of one dollar and fifty cents for each twenty-four hour period that such animal has been in excess of forty-eight hours, in addition to all other license fees and penalties herein provided for, said sum payable to the poundmaster. Provided, however, that if any dog or cat so impounded shall be suffering from injury or disease of such nature as to require the services of a veterinarian, the same shall not be released from the pound or other place where the same may be held except to a licensed veterinarian for treatment. If any impounded cat or dog has need of medical treatment, the cost thereof shall be paid before being released. Any impounded dog or cat suffering from any incurable injury or disease, or any disease.or condition which shall cause the same to be a menace to public or safety shall be destroyed by the poundmaster in a humane manner, and disposed of in such a manner as to properly safeguard and protect the public health and safety. Any impounded dog or cat not suffering as herein described, shall, after being held for forty-eight hours, be humanely destroyed by the poundmaster; Provided, however, that in the discretion of the poundmaster such animal may be held for a reasonable period in excess of forty-eight hours for the purpose of redemption. At any time during the period of such discretionary holding, any person may redeem such animal by payment of the license fee and penalties and charges herein provided for. Section 16. Payment of impoundment fee: Such compensation shall be due the city as hereinbefore listed as payment for board and care of animals at the city pound and shall be due from and be paid directly by the redeeming owner or custodian to the city poundmaster. Section 17. Disposal of dead animals: In addition to any other duties herein specified, it shall be the duty of . the poundmaster to gather up, remove, and properly dispose of any dead animals found in the city. Section 18. License immaterial: The ownership or possession of a license issued by the city, for any dog or cat, shall not be material to any matter of fact or law related to the keeping, control of, or disposal of fe-nal dogs or cats in season as herein described. Section 19. Tres assinq Animal: It shall be unlawful to suffer or permit any animal to trespass on private property so as to damage or destroy any property or thing of value and same is hereby declared to be a nuisance and such animal may be impounded as such. Whenever it shall be affirmed in writti.ng by three (3) or more persons having separate residences, or regularly employed in the neighborhood that any animal is a habitual nuisance by reason of running at large, trespassing, howling, barking, or other noise, or damage to property, being vicious, or by its actions potentially vicious or in any other way or manner causing undue annoyance, the poundmaster, if he finds such nuisance to exist in fact, shall serve notice upon the owner or custodian of such animal, that such nuisance must be abated within twenty-four hours, after which the poundmaster shall decide whether such nuisance has been abated and if not, any such animal may be impounded. The owner or person in possession or care of such animal found to be nuisance shall be deemed guilty of maintaining a nuisance. Section 20. In any case where a group of dogs may be found running in a pack of three or more in number, and it shall appear that said dogs are uncontrolled and running at large in such manner as to endanger persons or animals, the poundmaster, or his deputy, or any police officer of the city, may use all such force as may be necessary to disperse and eliminate such running in a pack, without regard to whether any actual damage has been done or is in progress of being done by such pack. 10 Section 20. This ordinance shall take effect upon January 1, 1974. Read for the first, second and third times, passed by the council and approved by the Mayor on December 4, 1973-? � �--o e B . STEVE yor ATTEST: PATRICIA J . EDERSEN City Clerk APPROVED AS TO F01UI: lot