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HomeMy WebLinkAbout2114 Animal Control - Dangerous DogsSECOND DRAFT 4/19/88 ORDINANCE NO. C~l t~ ,, AN ORDINANCE REGULATING AND DEFINING POTENTIALLY DANGEROUS AND DANGEROUS DOGS; AMENDING SECTIONS OF ORDINANCE NOS. 1969 and 2056 and CHAPTER 8.04 OF THE PORT TOWNSEND MUNICIPAL CODE; ADOPTING PORTIONS OF STATE STATUTE BY REFERENCE; AND ESTAB- LISHING AN EFFECTIVE DATE THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, IN REGULAR SESSION ASSEMBLED, DO ORDAIN AS FOLLOWS: Section 1. Section I-(12) of Ordin-ance-19 69 ;- Sectioh 1, of Ordinance 2056; together with Section 8.04.010(L) of the Port Townsend Municipal Code, are each here and hereby amended to read as follows: L. ( "W~e~o~-~o~"--a~-%he- ~e~m-~-~se~-~-~h~s-ehap~e~?-meeRs e~se-~n ~yT-e~-%e-e~he~w~se-e~a~ge~-~he-sa6e~y-e f-h~ma~-be~s wh~eh-has-Bee~-g~a~a~e~- fe~-{he- ~h~-~me- fe~-~{~a~-h~maR Be~s~) "Potentially danqerous dog" means any .do.~ that when unpro- voked: (a) inflicts bite_g _on a human or a domestic animal either on public or private property, .or .(b) chases or approaches a pe~s0n upon the streets,, si.~ewalks or _any public grounds in a menacinq fashion or ~pparent attitude of attack.,~ or_ any~ dog with a kno~ pro- pensity, tendenQy or disposition to attack unprovoked, to cause injury,, or to cause in_jury 0.r otherwise to threaten the safety of humans or domestic animals._ Section 2. Section 6 of Ordinance 1969; Section 2 of Ordinance 2056; together with Section 8.04.270 of the Port Townsend Municipal Code are each here and hereby amended to read as follows: 8.04.270 Harboring (~e~e~s-e~-~a~e~e~s-aa~ma~s) potentially dangerous dogs prohibited -- Contested determinations. A. No person owning, harboring, or having the care'.of a (~e~eas-~e~) potentially dangerous dog shall allow or permit such animal to go unconfined on the premises of such person. B. No person owning or harboring or having the care of a (v~s-~) potentially.dangerous dog shall allow or permit such dog to go beyond the premises of such person unless such dog is securely leashed and humanely muzzled (~ ~h~i~-~e%~- -1- C. A (v~e~e~s-~eq) potentially, dangerous dog is "uncon- fined'' (~- ~he-~e~m- ~-~e~-~- ~h~-~ee~e~?-~-s~eh-~ .~-~-~-~e- e~e~y- eea~ae~-~a~ee~s-e~-eea~ae~-~a-a-see~e~-eae~ese~-a~-~ee~e8 pe~-~-s~e~e) if not in a p.rope~ e.nclosure upon the premises of the person described in subsection A of this section. A proper en- closure means,. ~ile on the owner's, pr.gperty, a po~tentially dangerous dog or ~a danqero~s dog shall be securely .confined indoors or in a se- cure!~ enclosed and locked pen~..or ~tr.uctu_re, suitable to prevent the entr~ of yo~.n.g...c.h$.!d.~.e.n, aD.d d~.signed to prevent the animal from. escap- i~5. Such pen or structure shall have secure sides and a secure top(~)~ and shall also prqvi.d.e p. ro~e~t.i.qn, from the elements for the dog. If the pen or structure has no bottom secured to the sides, the sides must be embedded in the ground no less than one foot. D. A person who is convicted of violating this section shall be guilty of a misdemeanor. The maximum fine is set at one thousand dollars or incarceration in jail for a period noy exceeding six months, or both such fine and imprisonment. Upon the first con- viction a minimum fine of one hundred dollars shall be assessed; upon the second conviction, a minimum fine of two hundred fifty dollars shall be assessed, and a minimum of five hundred dollars shall be assessed upon the third conviction. Further, any person found guilty of violating this section shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal, or 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 (~e~-~-) potentially dangerous dog as defined in this chapter, which attacks a human being or domestic ani- mal may be ordered destroyed at any time when in the court's judg- ment such (~e~s-~g) Rotentially dangeroDs .dog represents a threat of physical harm to human beings or domestic animals. Section 3. Section 16 of Ordinance 1969; Section 3 of Ordinance 2056; to- gether with Section 8.04.260 of the Port Townsend Municipal Code are each here and hereby amended to read as follows: 8.04.260 Q~arantine 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 im- pounded and quarantined for at least ten days to determine whether the animal is infected with any disease that may have been trans- mitted 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 -2- by the owner of the animal, and release of the animal is conditioned upon payment of these fees. Ownertess animals shall be humanely de- stroyed 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 said 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 said animal to be removed from the premises without the prior consent of the Health Officer. These restrictions shall continue until said animal is released from quaranti-ne. ---Any ~arnimat 7. found- running at large.or which £~- 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 a person or domestic animal while running at large shall be deemed and automatically declared to be a ("Y~e~s-~e~") potentiall~ dan. gerous~doq Qr d.anger_ou.s-d.og~ under Section (~-}~, / ~D/e~Z ~ ~ ~A ~_~ 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 Section (6) .~ ~ of this title and- subject to the penalties set fo'rt'h ~'h'erein. Upon redemption of a dog, cat, or other animal released from quarantine from the City Pound, the owner or keeper shall pay the same service fee and board fee for any dog, cat, or other animal quarantined in the City Pound as provided for in this chapter; provided, however, that if the ani- mal is brought to the Pound by the owner or keeper, the service fee shall be waived. Section 4. The City of Port Townsend here and hereby adopts by reference, as now or hereafter amended, the following Sections of Chapter 94, 1987 Laws of Washington: Section 1(2), (3), (5), and (6). The City Clerk for the City of Port Townsend shall maintain three copies of said Statutes on file in the City Clerk's office for the City of Port Townsend. This section shall be added as a new subsection to Section 8.04.010 of the Port Townsend Municipal Code. -3- Section 5. (1) It is unlawful for an owner to have a potentially danger- ous dog or a dangerous dog in the City without a certificate of registration issued under this ordinance. This section shall not apply to dogs used by law enforcement officials for police work. (2) The animal control authority of the City shall issue a certificate of registration to the owner of such animal if the owner presents to the animal control unit sufficient evidence of: (a) A proper enclosure to confine a potentially danger- ous dog or dangerous dog and the posting of the premises with a clearly visible warning sign that there is a potentially dangerous or a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a potentially dangerous dog or a dan- gerous dog; (b) A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the animal control authority in the sum of at least fifty thousand dollars, payable to any person injured by the dog; or (c) A policy of liability insurance, such as homeown- er's insurance, issued by an insurer qualified under Title 48 RCW in the amount of at least fifty thousand dollars, insuring the owner for any _personal injuries inflicted by the dog. (3) Th~ owner ~ha-.ll Obtain' a certificate'of-registration .- from the:-City ~nimal; Controt~authority;~ (4) The City~'sha'lT~:.:char. ge~ an annual fee, in addition to regu- lar dog licensing fees, to register potentially dangerous dogs and dangerous dogs, in the amount of $ ;'7~.oD . (1) It is unlawful for an owner of a potentially dangerous dog or a dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible p~r- son. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal. (2) Dogs shall not be declared dangerous if the threat, in- jury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises oc- cupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, invthe past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime. -4- Section ~. Any potentially dangerous or dangerous dog shall be immediately confiscated by an animal control authority if the: (a) Dog is not validly registered under Section 2 of this ordinance; (b) Owner does not secure the liability insurance cover- age required under Section 2 of this ordinance; (c) Dog is not maintained in the proper enclosure; (d) Dog is outside of the dwelling of the owner, or out- side of the proper enclosure and not under physical restraint of the responsible person. Section 8. Section 1(8) of Ordinance 1969, together with Section 8.04.010 (H) of the Port Townsend Municipal Code are each here and hereby amended to read as follows: H. "Owner" means any person, firm, corporation, organi- zation, or department possessinq,, harbo.ring, keeping, having an interest in, or having control or custody ~o~-p~ssess~o~) of any ANIMAL. Section 9~. Upon the impoundment of any potentially dangerous dog or dan- gerous dog pursuant to this Chapter, or upon the filing of anY criminal complaint for a violation of this Chapter, the City may seek and obtain any temporary court order or orders allowing the City or its animal control authority to retain possession and cus- tody of such dog while any court proceeding is pending. The owner thereof shall be liable for the costs of care for the animal, together with any impoundment or licensing fees due, upon release of the animal, unless otherwise ordered by court. Section 10. (a) The City prosecuting authority may prosecute any violations of this Chapter. Any violations of Chapter 94, Laws of 1987, which are not violations of City ordinances or which provide for penalties which exceed the jurisdiction of the City, shall be prosecuted by the proper County or State authorities. (b) The Certificates of Registration forms required hereunder shall be prepared and printed by or under the direction of the City Clerk, in conjunction with the City Police Department, and provided to the applicable animal control authority. --5-- C. Except as otherwise provided in this ordinance, a viola- tion of this ordinance shall be a misdemeanor and punishable by a fine not to exceed five thousand dollars, or up to one year in jail, or by both such fine and jail sentence. In addition, the court may order any dangerous dog destroyed or otherwise disposed of when at any time the court determines the dog represents a threat of physical harm to human beings or domestic animals. Section 11: If any provision of this act or its application to any person or circumstance is held invalid, the remainder of this ordinance or the application of the provision to other persons or circumstances is not affected. Section 12: The ordinances and laws amended by this ordinance are amended except with respect to rights and duties which matured, penalties which were incurred, and proceedings which were be~n prior to the effective date of this ordinance. Section 13: This ordinance shall take effect upon July 1, 1988, after its passage, approval, and publication in the manner provided by law. Read for the first, second and third times, passed by the City Council for the City of Port Townsend, and approved by the Mayor of the City on May 3, 1988. Attest: David Grove, City Clerk Appr/ved as to~orm: K~'ez htr' C~ ~~~'to r'n'e ~ -6-