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Home My WebLink About06/12/02 AGENDA CITY COUNCIL MEETING AGENDA JUNE 12, 2002 ~ 239 4th Street · Bremerfon, WA 98337 · Phone (360) 478-.5280 · Fax (360) 478-5251 1. PRE-COUNCIL STUDY SESSION: 5:00-5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. "Shelter Plus Care" Application Renewal (#AB02-109) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - Comments limited to 3-minutes 8. NEW BUSINESS 9. PUBLIC HEARINGS - RESOLUTIONS & ORDINANCES A. Ordinance No. 4806 (Second Reading) Amending BMC Chapter 21.02 (Zoning Code) by providing the regulatory measures allowing flexibility and design innovation with regard to setbacks and landscaping requirements (#AB02-106) B. Ordinance No. 4807 (Second Reading) Amending Title 7 of the Bremerton Municipal Code and Approval of Contract with Kitsap Humane Society for Animal Control Services (#AB02-107) 10. ADJOURNMENT OF MEETING E-mail: citycouncil@ci.bremerton.wo.us · Web: www. ci.bremerton.wa.us CITY COUNCIL MEETING JUNE 12, 2002 SPEAKERS LIS T If you wish to make ~n announcement, inform the Council of an issue, or ask a genera/question...P/ease provide information below so staff will be able to contact you. Thank you. NAME ADDRESS/TELEPHONE TOPIC o o o Reminder: The next Council Meeting will be on Wednesday, June 19a AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: June t,q~ 2002 ORIGINATING DEPT.: Dept. of Community Development Shelter Plus Care ORIGINATOR: Deborah Pearler-Stewart DATE SUBMITTED: May 28, 2002 2. CLEARANCES: 3. EXHIBITS: Directo~~ Exhibit 1-Shelter Plus Care City AI~~~~~' ' Fiscal and Budget Committee '~/~Pr"/'~'~ ENDORSEMENT_~._~2qFORMATION APPROVED BYCOUNCIL PRESIDENT FOR SUBMITTAL: MAYOR: '- ~ ~ ' ~/:'~ COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City of Bremerton received a $596,400 grant in January of 1995 fi.om the Department of Housing and Urban Development (HUD) under the Shelter Plus Care Program to provide a continuum of alcohol/drug flee housing for people who are recovering fi.om chemical/alcohol addiction. The non- profit organization, AGAPE is the sponsor of the program. The Program has three components. One component, the project based assistance is a 10 year program and will continue until 2006. Two other components, the sponsor and tenant based programs, originally were funded for 5 years and expired in 2000, they now must be renewed annually. Applications for renewal of the Shelter Plus Care Programs are being accepted by HUD this month. The Department of Community Development requests authorization to submit applications for the program. 8. RECOMMENDATION: I move we authorize the Mayor to execute applications requesting renewal of the sponsor and tenant based program. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: ~ A REVIEW DATE: 10. NOTICE OF ACTION ~/~ PULLED TABLED APPROVED DISAPPROVED AMEN COUNCIL DIRECTIVE: AGENDA BILL NO ~,'~ '-/i~q 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The application will not be submitted to HUD and the Sponsor and Tenant Based components of the program will be discontinued. 6. IMPACT ON STAFFING~ BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: None-existing program 7. RESEARCH SOURCES: INFORMATION CONCERNING SHELTER PLUS CARE APPLICATION Community Development Staff requests authorization to submit an application for Shelter Plus Care funds for AGAPE's Sisyphus project. The City of Bremerton is the Grantee for this Project. Funds are allocated to AGAPE Unlimited. A description of the program follows. Agape' Unlimited developed the Sisyphus II Housing Project to address the special needs and provide permanent, affordable, clean & sober housing for homeless, chemically dependent individuals that are disabled as a result of this disease. Agape' Unlimited is a state licensed, non-profit, outpatient chemical dependency treatment provider in Kitsap County since 1986 and serves as the sponsor and primary social service provider for the Shelter Plus Care project. The original grant in the amount of $596,400 was awarded on January 5, 1995. Two renewals have been awarded in 2001 & 2002. Funds were awarded under three components of the Shelter Plus Care Program. Proiect Based Rental Assistance ($222,960) is the first (1st) phase of the Sisyphus II Housing Project and was funded for 10 years. The program currently provides Project Based Rental Assistance for up to sixteen (16) participants. Agape Unlimited owns 2, five bedroom homes located at 1323 & 1329 Crawford Drive, Bremerton. The grant provides fair market value, which allows for utility costs and operating expenses. This phase of the program is in a group living environment setting and is located within a block of the Agape Unlimited facility and the bus line. Participants remain in this phase for 3 to 6 months to stabilize in their recovery and access needed social services in the community. Sponsor Based Rental Assistance ($138,240) is the second (2nd) phase of the Sisyphus II Housing Project, which was funded for 5 years. Two grant renewals have been awarded ($79,200) for 2001 ($79,200) for 2002. The Sisyphus II Housing Project currently provides Sponsor Based Rental Assistance for up to six (6) individuals and eight (8) families. The Project leases from landlords within the Bremerton City limits and in tum sub-lease to eligible participants. The Sponsor Based phase of housing is designed to provide a more independent living environment than in the Project Based phase. Prior to placement in Sponsor Based housing, the participant would have, in most cases, completed 3 to 6 months of Rental Assistance in Project Based housing. They would have also concurrently completed 3 to 6 months of inpatient and/or outpatient chemical dependency treatment services. Tenant Based Rental Assistance ($235,200) is the third (3rd) and final phase of the Sisyphus II Housing Project, which was funded for 5 years. Two grant renewals have been awarded ($36,000) for 2001 & ($36,000) for 2002. The Project currently provides clean & sober, permanent housing for up to three (3) individuals and five (5) families. Prior to placement in Tenant Based housing, the participant would have, in most cases, completed 3 to 6 months of rental assistance in Project Based housing and 6 to 12 months of Rental Assistance in Sponsor Based housing. They would have also completed up to eighteen (18) months of outpatient treatment services in addition to an Intensive Inpatient or Intensive Outpatient program (funded by Agape Unlimited or other participating treatment agency). The participants are responsible for searching for the Tenant Based housing unit and negotiating a lease with the landlord themselves. The lease and all utilities are established in the participant's name. At the completion of their treatment program and Rental Assistance, they are able to retain their own permanent housing unit and have established a rental and payment history. An individualized, comprehensive treatment plan is designed to meet the special needs of participants by their primary/contact counselor at Agape' Unlimited or other treatment agencies, which is updated and monitored regularly to promote long-term recovery and self-sufficiency. Some services offered at Agape' Unlimited are relapse prevention, career development, parenting in recovery, living/coping skills, and one-to-one counseling. In-house meetings and on-site inspections are conducted on a regular basis. Participants are not promoted to the next phase of Rental Assistance without achieving growth in all areas of their life (holistic growth). This continuum of housing linked with appropriate supportive services in the community is designed to promote self-sufficiency and clean & sober living by providing increasing degrees of responsibility and independence as participants progress in their treatment program(s) and meet their goals. Grantee Address Contact Information: Deborah Peavler-Stewart, Administrative Analyst 286 4th Street, Bremerton, WA 98310 - (360) 479-7996 AGENDA BILL BREMERTON CITY COUNCIL Ii SUBJECT: Public Hearinq &Ordinance to amend FOR AGENDA OF: ~ BMC Chapter 21.02 (the Zoning Code) by providing the DEPT. OF ORIGIN: DCD regulatory measures allowing flexibilitY and design innovation ORIGINATOR: Chris Hu,qo, Dire;ct with regard to setbacks and landscaping requirements. DATE SUBMITTED: May 21, 2002 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: DCD Direct~ o PC Findings & Conclusions City Attorney'.%~,~ ~ .----- o PC Minutes of 3/29/01 City Clerk: ~,~.,~X.~ ' o Ordinance to Amend Zoning Text Fiscal & Budge}, (~ouncil Com~,: ~ Ot"cJ, ~0. Operations Comm.: /],//~~ ! APPROVED FOR SUBMITTAL: MAYOR ......... :~i~ '~ COUNCIL PRESIDENT ~~---- ~~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: There are situations when the strict application of the development standards articulated in the Zoning Code does not promote innovative design and allow land use that best serves the public interest. There is a need for provisions in the Code that will, after careful analysis, allow the Director of DCD the ability to apply administrative discretion with regard to development standards pertaining to setbacks and landscaping. The Planning Commission has reviewed a similar proposal, which was entitled a "Plan-in-Lieu", conducted public hearings, adopted Findings & Conclusions at a March 29, 2002 meeting, and recommended City Council approval. It has been subsequently determined that an administrative (Type I) process pertaining only to setbacks and landscaping will better serve the public interest. The Council must conduct a public hearing prior to its final decision and action on the proposed Ordinance in order to implement the zoning text amendments. 5. RECOMMENDATION: Move to pass the attached Ordinance # ~C ~-. on second readinq. 6. RESPONSIBLE OFFiCIAL:Christopher R. Huqo ENFORCEMENT OFFICIAL: Christopher R. Huqo EXPIRATION DATE: REVIEW DATE: PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE: DATi 8. AGENDA BILL NO.: ~-/O~ 9. CLEARANCE COMMENTS: 10. IMPACT OF NON-PASSAGE: If the proposed ordinance is not approved, the city will lose the capability of allowing needed flexibility in applying current development standards pertaining to setbacks and landscaping. 11. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The proposed amendment will create no operational changes for the city. 12. RESEARCH SOURCES: Comprehensive Plan Zoning Ordinance File Experience with Land Use Applications AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Zoning Code, Chapter 21.02 of the Bremerton Municipal Code, by adding a new section, Section 21.02.185 relating to alternative setbacks plans and amending Section 21.02.730 relating to alternative landscape plans to allow flexibility and design innovation to achieve greater public benefit, and further amending Figure 840 and Figure 895(a) of Chapter 21.02 noting the type of decision and notice requirements for these altemative plans. WHEREAS, in the application of development regulations there occasionally are situations where the literal application of zoning regulations does not result in utilization of land in a manner that best serves the public interest and variance provisions are not a suitable method by which to allow deviation from such zoning regulations; and WHEREAS, there is therefore a need for a provision in the Zoning Code that will allow, after careful analysis, flexibility in the application of development standards pertaining to setbacks and landscaping; and WHEREAS, the proposed zoning code amendment provides that a decision of the Director is required in the application of such flexibility, that only setback and landscaping regulations may be addressed, and certain other parameters that must be met, including a finding of public benefit; and WHEREAS, the Planning Commission conducted a public hearing on the subject zoning code amendment on March 29, 2002 and has recommended approval of that amendment; and WHEREAS, the Bremerton City Council conducted public hearings to accept public comments pertaining to the proposed Development Regulation Amendment to consider the Planning Commission recommendation; NOW THEREFORE, I Alternative Setbacks attd Landscaping 7 THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Bremerton Municipal Code Section 21.02 is hereby amended by adding a new section 21.02.185 entitled "Alternative Setbacks" to read as follows: Section 21.02.185 ALTERNTIVE SETBACKS. (a) Alternative setbacks that create benefits in the public interest that exceed those that would accrue from development as prescribed by the setback standards of the zone in which the project is located may be approved as a Type I administrative decision. (b) Decision criteria: Alternative setbacks may be approved only if they satisfy all of the following criteria: (1) Total site area within setbacks shall be equal to or exceed that created by adherence to the standard setbacks. (2) There shall be a finding of public benefit that is consistent with the goals and policies of the Comprehensive Plan. An example of public benefit includes but is not limited to: (i) reduction of setback adjacent to a street or other public right of way in exchange for increased setback from a development-sensitive environment such as a wetland or an existing incompatible land use; (3) The development plan shall not be inconsistent with the intent of any provision of the Zoning Code. SECTION 2. Section 21.02.730 of the Bremerton Municipal Code entitled "Landscape Plans" is hereby amended to read as follows: Section 21.02.730 LANDSCAPE PLAN. (a) When necessary, a landscape plan shall accompany the building permit or other application which will be reviewed and approved by the Director of Community Development prior to the issuance of a building permit except as noted in this chapter. (b) A landscape plan shall be drawn to scale and shall indicate: (1) Existing property lines, trees, fences, and other screening and structures; Alternative Setbacks and Landscaping (2) Proposed plantings, identified by common name, and caliper, size, and minimum height of specimens to be planted, fences, water, and other elements; (3) Maintenance provisions: i. All trees, shrubs, and other landscaping shall be maintained in a healthy growing condition. Dead or dying vegetation shall be replaced during the first possible spring or fall planting season. The planting area shall be maintained reasonably free of weeds and trash. ii. Violation of these provisions shall be considered a violation of this chapter. All plant material shall be maintained as designed and approved. (c) Alternative Landscaping Plan: The requirements of this chapter may be modified to encourage better landscaping design as follows: (1) A request for approval of alternate landscaping shall be submitted to the Director of Community Development, accompanied by a Landscape Plan as required above. (2) The Director of Community Development must make, may approve the alternative landscaping plan as a Type I administrative decision after making the following findings ;n c~der tc ~"' +~';~ chapte~Total area of landscaping shah be equal to or exceed that created by adherence to the stand~d landscaping and buffer requirements; shall be a finding of public benefit that is consistent with the goals and policies of the Comprehensive Plan. Examples of public benefit include but are not limited to: a. reduction of landscaping in one area to create a more useable or effective massed landscape area in another area. iii. The development plan shall not be inconsistent with the intent of any provision of the Zoning Code. SECTION 3. Bremerton Municipal Code Section 21.02 Appendix Figure 840 is hereby amended to read as stated in Exhibit A attached hereto. 3 .41ternative Setbacks and Landscaping SECTION 4. Bremerton Municipal Code Section 21.02 Appendix Figure 895(a) is hereby amended to read as stated in Exhibit B attached hereto. SECTION 5. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the ~ q"~-----day of fi,,[~ ~,~ ,2002 / PASSED by the City Council the__ day of ., 2002 CAROL ARENDS, Council President Approved this day of ,2002 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attomey PUBLISHED the day of ,2002 EFFECTIVE the day of ,2002 ORDINANCE NO. R:\LEGAL\Ordinances\Community DevelopmentLAlternative Setbacks and Landscaping.doc 4 Alternative Setbacks and Landscaping EXHIBIT A PERMIT PROCESSING SUMMARY Figure 840 Administrative Hearing Examiner Hearing Examiner City Council DECISIONS Decision Open Hearing and Pre-Decision Closed Record Decision Open Hearing Decision Recommendation Type I Decisions (without notice) BMC 21.02.840 · Sign permits * * (on appeal) · Home occupation * * (on appeal) · Land uses permitted outright * * (on appeal) · Boundary line adjustment * * (on appeal) · Minor amendment to approved PUD * * (on appeal) · Minor amendments to other permits * * (on appeal) · Temporary emergency wetland or * * (on appeal) stream permits · Clearing less than 2 acres * * (on appeal) · Grading less than 100 cu. yds. * *(on appeal) · Landscape plan * * (on appeal) · Site Plan review * * (on appeal) · Recreational vehicle 90-day permit * * (on appeal) · Building Permits * *(on appeal) · Alternative Setback * *(on appeal) · Alternative Landscaping * *(on appeal) Type II Decisions (notice required) BMC 21.02.845 · Short Subdivison * *(on appeal) · SEPA Determination * *(on appeal) · Wetland or stream assessment * *(on appeal) · Wetland or stream development * *(on appeal) permit · Env. Area Determination * *(on appeal) · Administrative Special Use Permit * *(on appeal) · Design Review * *(on appeal) · Plan or Code Interpretation * *(on appeal) · Minor alteration of approved plat *(on appeal) Type III Decisions BMC 21.02.850 · Final Subdivision Plat * · Variance * · Non-administrative Special Use Permit * Type IV Decisions BMC 21.02.855 · Preliminary Subdivision Plat * * · Vacation of existing subdivision * * · Planned Unit Development * * · Major amendment to a PUD * * · Binding Site Plan * * · Rezone for specific properties or small area · Development Agreement Title 21 Appendix ,NOTICE REQUIREMENTS z_-q. -- Determination Notice of ~O DECISIONS of Notice of Open Record Notice of Notice of Appeal Notice of Completeness Application Public Hearing Decision Decision Type I Decisions · Sign permits No None No No No No ITl · Home occupation No None No No No No .C) · Land uses permitted No None No No No No outright ITl · Boundary line No None No No No No adjustment ITl I~ Minor amendment to No None No No No No Z approved PUD -i · Minor amendments to No None No No No No ~ other permits ~ · Temporary No None No No No No Ill emergency wetland X ~ -o~ or stream permits ----- '~ · Clearing less than 2 No None No No No No __. a. acres ~' · Grading less than 100 No None No No No No cu. yds. · Landscape plan No None No No No No · Site Plan review Yes None No No No No · Recreational vehicle No None No No No No 90-day permit · Building Permits Yes None No No No No · Alternative Setback No None No N_go Nio N_po · Alternative N-"~ None No No No No Landscaping appeals to _.. Type II Decisions Hearing Examiner O · Shod Subdivision Yes Yes No Yes Yes If appealed · Admin. SUP Yes Yes No Yes Yes If appealed · Minor Plat Amend. Yes Yes No Yes Yes If appealed · Wetland assessment/ Yes Yes No Yes Yes If appealed permit · SEPA Determination Yes No No Some cases Yes If appealed ~ Env. Area Determin. No No No Yes Yes If appealed Determination Notice of DECISIONS of Notice of Open Record Notice of Notice of Appeal Notice of Completeness Application Public Hearing Decision Decision · Design Review Yes Yes No Yes Yes If appealed Z · Interpretation No No No Yes Yes If appealed Type III Decisions appeals to court · Final Subdiv. Plat Yes Yes Yes Yes No N/A ITl · Variance Yes Yes Yes Yes No N/A · Non-admin. SUP Yes Yes Yes Yes No N/A ITl Type IV Decisions · Rezone Yes Yes Yes No N/A Yes · Develop. Agreement Yes No Yes No N/A Yes ITl · Prelim. Subdiv. Plat Yes Yes Yes No N/A Yes · Binding Site Plan Yes Yes Yes No N/A Yes ITl Z · Vacation of Subdiv. Yes Yes Yes No N/A Yes -'"! · Planned Unit Dev. Yes Yes Yes No N/A Yes · PUD Major Amend. Yes Yes Yes No N/A Yes Shoreline Decisions · Sub. Dev. Permit Yes Yes No Yes Yes If appealed · Cond. Use Permit Yes Yes Yes Yes Yes If appealed · Variance Yes Yes Yes Yes Yes If appealed · Permit Revision Yes Yes No Yes Yes If appealed ~D 0 Minutes for Approval Special Planning Commission Meeting March 29, 2002 I. Call to Order In the absence of Commissioner Kosusko, Commissioner Dingfield a~eed to act as Chair. Commissioner Kennedy, the Vice Chair had a weak voice. The meeting was called to order by Acting Chairman Dingfield at 5:37 p.m. II. Roll Call Those present were: Commissioner Buckingham, Commissioner Cockburn; Commissioner Dingfield, Commissioner Kennedy, Commissioner Nelson, and Commissioner Wood. Quorum certified. III. Approval of Agenda Commissioner Dingfield introduced the agenda. A motion was made by Commissioner Cockburn and seconded by Commissioner Kennedy to approve the agenda as written. Called for a vote: Buckingham: yes; Cockbum: yes; Dingfield: yes; Kennedy: yes; Nelson: abstain; and Wood: yes. The agenda was approved as written. IV. Approval of Minutes The January 15, 2002, minutes were presented for approval by Commissioner Dingfield. She then asked if there were any comments on the minutes. There was one question regarding the identification of some of the public testimony. It was verified by Commissioners Dingfietd and Kennedy (both present at the January [5, 2002. Meeting) to be John Hall - recording secretary made note of it. A motion was made by Commissioner Kennedy to approval of the minutes for the January 15, 2002. as presented. The motion was seconded by Commissioner Cockburn. Called for a vote: Buckingham: abstained: Cockburn: yes: Dingfield: yes; Kennedy: yes: Nelson: abstained: and Wood: yes. The motion carries - the minutes were approval as submitted. V. Public Meeting Chairman Dingfield moved directly to the public meeting portion. A. Call to the Public (public comments on any item not on tonight's agenda). Commissioner Dingfield seeing no public moved on to the Public Hearing portion of the meeting. B. Public Heanng. Planning Commission Meeting March 29. 2002 Page [ of 12 Mr. Hugo explained further that the section that is put in relating to front yards in general always talks about the street side. You might have two front yards in the zoning code - but that is when you have a through lot and it fronts on parallel streets. The yard discussion in the zoning code context can be fairly complex but it is always related to streets and in the shoreline it is always related to the water. Commissioner Dingfield asked if there were any further questions for Nh-. Hugo. Hearing none she then opened this hearing to public comment of a neutral nature, positive and/or negative nature. Seeing none she then closed the hearing to public and opened it back to the commission for discussion, comments, and/or motions. Mr. Hugo noted for the record that because of the glitch in the quorum on the February meeting that there were quite a few people here that verbally testified and that is why we have so many comments in written form. Everyone that commented verbally or in writing were notified by letter about the problem that happened that night and invited to either appear or submit new testimony. That letter went out several weeks ago. Commissioner Dingfield confirmed that the commissioners received a copy of that letter and letters that were submitted on or before the February meeting have been included in our packets and are part of the public record for this special meeting in March. A motion was made by Commissioner Kennedy and seconded by Commissioner Nelson to approve the revised language for PL02-0001 - Front Yard Averaging Zoning Text Amendment. [Mr. Hugo clarified for the Commission, if you are approving this proposal - you are recommending it to the City Council.] Called for a vote: Buckingham: yes: Cockburn: yes; Dingfield: yes; Kennedy: yes; Nelson: yes; and Wood: yes. The agenda was approved as wr/tten. 2. PL02-0003 - Plans-In-Lieu. A text amendment to the Zoning Ordinance (BMC 21.02) to establish procedures and decision criteria to approve development plans in lieu of compliance with zoning standards on the basis of superior or innovative design that results in specific public benefit. (City of Bremerton) Commissioner Din~eld introduced this item and turned the floor over to Mr. Hugo. Mr. Hugo stated that this item was first introduced in January, 2002. The idea came up because of a perceived need to have some flexibility in the regulatory environment where it is clearly evident that the public will benefit by a different form of development on a particular site. There is something already like this in the Bremerton Municipal Code - it is a provision that [ didn't like from the first time [ got here because it seemed too arbitrary. Flexibility always dances around the preblem of: Is it guided by the application of discretion with objective criteria or is it just the misuse of discretion in an arbitrary way? What we have now' is "Special Exceptions". As it is written in the zoning code, "... is to apply to those cases where you want a deviation from standards where there is not an existing physical hardship" (which is what the variance is for). Traditionally, the variance mechanism is one of the most misused tools in the zoning books and in the zoning toolbox. Variances are misused because people think that it Planning Commission Meeting March 29. 2002 Page 5 of [2 t5 means that you can vary any part of the zoning code - you can even vary the uses. The variance in reality is a very narrow relief from a hardship exists on a property, not of an individual's own doing. For example: You have a lot in a piece of platted subdivision. You have the only triangular lot, it was the residual piece of property. When you apply the setbacks that everyone else can build under your lot doesn't have any buildable land left. Mr. Hugo gave several other examples and stated that a variance applies to these types of idiosyncrasies. In places that don't like the discipline of working under the codes the variance mechanism is so limiting that it doesn't provide any relief from political difficulties that you have when you're doing code administration. The Special Exception was put in the Bremerton Municipal Code some time ago to allow the Planning Director to get out of political hotboxes. In Mr. Hugo's opinion this provision made the Planning Director too powerful because it allowed the him/her to ~ant relief if someone couldn't fit into the code requirements. Too arbitrary and not treating everyone equally. One of the criteria for approval of the Special Exception is that you must show that the property development will substantially benefit by the ganting of the approval. If someone is saying that they want less setback or more building height - of course the development is going to benefit. You are going to get more on the site, it is a no brainer. It is actually working against the whole intent of height limitations, setbacks, and lot coverage and everything. The criteria are inherently contradictory to the whole intent of the zoning code. Mr. Hugo stated that since he has been here in Bremerton, he has refused to grant a single Special Exception. He said that he has talked to our attorneys about it and they agree that the Special Exception mechanism is not good. However, it would be nice to have something that is more objectively based. So, we are proposing this PL02-0003, Plans-in-Lieu. It's like submitting development plans in lieu of following the prescriptive standards of the code. The hope is that we have crafted the mechanism properly we could at least identify public benefits that would come out of this deviation t¥om standards and still stay within the realm of intent of the code. He then read from the current proposal: "By special use permit the heanng examiner may approve the development plans that demonstrate benefits in the public interest .that exceed those that would accrue from development as prescribed by the dimensional standards of the zone in which the project is located. Deviations from the prescriptive standards of the code may only be approved for the following dimensional standards; setbacks, landscaping, and sign regulations. Proposed decision criteria are: A Plan-In-Lieu may only be approved if it satisfies all the following criteria: l) Total site area within setback shall be equal to or exceed that created by adherence to the standard setbacks, 2) Total area of landscaping shall be equal to or exceed that created bv adherence to the standard landscaping and buffer requirements: 3) Total sign area shall be equal to or less than the allowed sign area standard. Planning Commission Meeting March 29. 2002 Page 6 of [2 4) There shall be finding of public benefit that is consistent with the goals and policies of the Comprehensive Plan. Examples of public benefit include, but are not limited to: a) reduction of setback adjacent to a street or other public right-of-way in exchange for increased setback from a development sensitive environment such as a wetland or existing incompatible land use, b) reduction of landscaping in one area to create a more useable or effective mass landscaping area in another area, c) an increase in the area of a single sign in consideration of limitations on the size and number of signs otherwise allowed. 5) The development plan shall not be inconsistent with the intent of any provision of the zoning code." Mr. Hugo explained the following in regards to Plans-In-Lieu: * Since the set-backs must be equal to or ~eater than those as prescribed by the standard - this doesn't give the applicant more developable area. May be ~anted a smaller setback on one side but they would have to compensate somewhere else on the site. The overall building footprint cannot get bigger. * Since the total amount of landscaping must be equal to or greater than that prescribed by the standard - you can't get less, there must be at least as much, even though it may be in different places. Mr. Hugo stated that he, as director, and the staff could follow these guidelines in reviewing proposals that would go through an administrative review process, He then asked the commission if they have discussed the Special Use Permit always ooin~ through the Hearings Examiner or was it chan~ed. He explained that there are two kinds: One is done administratively and the other goes through the public heating process to the Hearings Examiner. There was a short discussion on whether to have all Plans-In- Lieu go through the Hearings Examiner or if the commission would rely on the other criteria for all other Special Use Permits to apply to this as a Special Use perrmt process. N[r. Hugo explained how this works in the code: Administrative Special Use Permits · We send notice to surrounding property owners Provisions in the notice for appeals o This would then automatically go to public hearing before Heanngs Examiner · There is discussion of changing this to a letter request to go before Hearings Examiner · The director, using his/her discretion at the beginning of the process and direct it to the Hearings Examiner process. Hearin ~ Examiner · Advertising for public hearing · Appeals would go to court. Mr. Hugo explained that this is how the zoning code is already set up for all classes of Special permits. Planning Commission Meeting March 29, 2002 Page 7 of 12 Commissioner Dingfield explained, for the benefit of the new commissioners that the Hearings Examiner is a new function for Bremerton. The Planning Commission sat in a quasi-judicial capacity by having the public hearings and make the decisions. The applicants could then appeal to the City Council. Now the Heating Examiner hears all the quasi-judicial hearings, making the final decisions and the appeals would go to court. Now the Planning Commission and City Council functions are to set the policy perimeters under which both the Planning Department and the Hearing Examiner operator. Mr. Hugo explained that the Planning Commission makes all the legislative proposals in the community development environment to the City Council. All plans and all proposed ordinances to implement the Comprehensive Plan go through the Planning Commission and as the City gets more proactive, I plan to propose that all capital programs come through the Planning Commission. Capital programs are the other part of implementation - there is regulation and then there is spending. Then the Planning Commission will certify all city capital pro,ams each year. Mr. Hugo said that was the end of the staff report on the Plans-In-Lieu proposal and that there was no letters on this proposal and no public comment. Commissioner Ding'field asked if there were any questions from the commission. \ Commissioner Buckingham asked if there was a definitive language regarding what makes a project important enough to put through the hearing process. Mr. Hugo explained that no. He said that the only safeguard is the ability to appeal, and there is still notice. We do the administrative process. If we did that without notice, it would be a problem. Then that would be a decision made that no one was aware of until it would be perfected and then be too late. The ability to appeal is an important safeguard. Commissioner Buckingham then asked if :.Mr. [-[ugo could give him some examples of the Plans-In-Lieu (4 a and b). Mr. Hugo gave the following examples: 1) Example of 4 a) - A project in a commercial distr/ct with a landscape requirement that puts a landscape edge between two adjoining commercial properties - there is something about their operational issues [size of the parcel, the way they're trying to accommodate parking, etc.] For this project they say they need another foot to meet the minimum parking standards. So thev may use this provision to ask if they can reduce their rear yard landscaping by one foot and we will do more than that where we have some more visible landscaping up front, on the street OR on the side property tine, which is against a residential project. The prescriptive standards would not allow this. The Plans-tn-Lieu would give the director the flexibility to access that this would be a win-win situation and allow them to submit plans for as requested. Example of 4 b) - A commercial development with 20 tenants, strip commercial site. In this development each business is allowed their own free-standing pole sign Planning Commission Meeting March 29, 2002 Page $ of [2 going down the street. Instead the developer of the whole project request to put in one larger, free-standing monumental sign and everyone's identity goes into that sign. So instead of having 20 signs marching down the street, you have just one larger sign at the entrance. Commissioner Dingfield asked if there were any further questions. She commented that this gives discretionary power to the Planning Director, but it is power that is not inconsistent with the other kinds of discretionary powers that the director has. k becomes a normal exercise in judgment with an automatic ability for the public to request a different type of heating. Commissioner Nelson commented that he agreed that the appeal process lends itself to a fair way of handling it. Commissioner Kennedy suggested a change in the language because it now implies that it automatically goes to the Heating Examiner. There was then a short discussion of exactly how to revise it. As a result of the discussion, the first sentence should read as follows, "By Special Use Permit, development plans may be approved that demonstrate benefits in the public interest that exceed those that would accrue from development a~ prescribed by the dimensional srandarcls of the zone in which the project is Iocared." Mr. Hugo explained further that the thing that distinguishes Plans-In-Lieu from the Special Exception - the Special Exception actually allowed ~eater utilization of property than the zoning controls would allow. This does not allow more use of property. You are allowed to use the site in different ways, but you cannot use more of it. You cannot do less landscaping, you don't have less setback area, and you don't get more siganage. This is an important distinction - it does not deviate from the overall intent of the zoning code. Commissioner Dingfield asked if there were any other questions of the Mr. Hugo. Seeing none, she opened PL02-0003 to the public for any comments of a neutral, positive and/or negative nature. Seeing none, she closed the heanng to the public and opened it to the commission for deliberation and determination. Commissioner Kennedy stated that in her opinion it is absolutely critical that ~ve have something in place that allows flexibility with some of the plans - but not so flexible that it is perceived that there are no zoning ordinances, which has been the case in the past. This also allows for public comment. This provision will be very important as we get more commercial infill in the downtown area, and redoing some or' strip malls. She said. she thought this would be a gear thing because we can see a lot of landscaping - no more footprint but maybe we could have more landscaping and buffering. Commercial areas from the residential areas have always been an issue while trying to do commercial development. This will be a wonderful tool that the Planning Department can use to make it a win-win situation for the developers and their neighbors. Commissioner Wood said that she thought this is a very logical text and that it makes sense for people to be creative in a positive way to improve the community. This is a good thing. Planning Commission Meeting March 29..~'00''~.~ Page 9 of 12 Commissioner Dingfield stated that this is still keeping developments within the intent of the zoning ordinances. This is not allowing deviations outside those, just allowing more creative ways of using the same things. She also said that giving the director this kind of discretion is not out of line at all, but is in fact part or his/her job. Commissioner Nelson said that every piece of property certainly doesn't have the perfect footprint and he thought that this provision will allow us some flexibility. He believes that this will encourage people to develop properties that are not perfect and gives us some discretion. The appeals process makes it fair for both the City, the developers and private citizens that want to build. A motion was made by Commissioner Nelson that PL02-0003, the Plans-In-Lieu, be approved as modified. The motion was seconded by Commissioner Kennedy. Called for the question: Buckingham: yes; Cockburn: yes; Dingfield: yes; Kennedy: yes; Nelson: yes; and Wood: yes. The motion carries. VI. Business Meeting A. Chair Report: 1. No report from the chairman. B. Director's Report Mr. Hugo gave a brief Director's Report: 1. Comprehensive Plan Process - Staffin~ The department still doesn't have enough staff. We are still overloaded on the current planning side. The building side of the department is fine and housing and block grant is fine. The planning side is still weak. He stated that he has received a commitment from the Mayor to add another two staff. He thinks it is great we can build up the capacity of the Planning Department to support the goals and the mission that the Commission has. Getting those people on board is still a challenge - we're looking for the Planning Manager and a long-range planner. [n the interim we will trying to keep Jim Svensson around, even though he is in retirement. The part time schedule seems to be working for him and us. 2. New Zonin~ Amendment - Senior Housint in the City This new zoning amendment would allow senior housing in the City under different standards than regular multi-family or regular sub-divisions. Many communities have provisions like this to vary some standards like the number of parking stalls, availability of other facilities - to allow senior housing into environments that wouldn't normally allow multi-family housing as long as it doesn't interfere with the character of the surrounding neighborhood. 3. Request to have City Council Suspend Comprehensive Plan Amendments The City Attorney is xvorkmg on a formal request to the City Council for some action by the end or' the month. There has been some claim that on the first of April the amendment cvcle officially starts - we cannot find any written record that there is any official start date. TtnlS request will ask the Council to take an action that will take care of whatever history that Planning Commission Meeting March 29. 2002 Page i0 of [2 AGENDA BILL BP. EMERTON CITY COUNCIL 1. SUBJECT: Public Hearing and '~tK'~-' FOR AGENDA OF: ---~" _°a~, -°00o__ Reading of an Ordinance regarding ORIGINATING DEPT: Police Department~/~ Animal Control and Contract with ORIGINATOR: Chief Rob Forbe~.~ Kitsap Humane Society DATE SUBMITTED: May 21, 2002 2. CLEARANCES: (comment on back 3. EXHIBITS: if necessary) Ordinance Admin Svcs ~ ,~'~t~_~- t~ _ Contract Attorney ~~'~ .~--~~_~ Comparison Sheet Fiscal/Budget~[m Operations ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR [~ . .... ~..!: ~;' 'i?!':-:'I' ' COUNCIL PRESIDENT ~~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City Administration has been working with the Kitsap Humane Society for over six months developing a revamped Animal Control Title and related contract for animal control services for the citizens of Bremerton. This proposal includes several elements of change: 1)the Society will provide all animal control services including 2 FTE patrols for impoundment/rescue, Society facilities for intake, kenneling, licensing, adoptions and education; 2) Dangerous dog laws have been clarified and the hearing process streamlined; 3) license fees for un-neutered dogs and cats will increase to $35/yr; and 4) Direct costs will increase $40,000 per year from the present city program but include capital facility needs that the City will need to address if we retain animal control. 8. RECOMMENDATION: 1) M ..... .... +-~ appzove ~,~,~ ..... rcp!~cing ~i~l~ 7 ~n~m~ c~+~^!_ ..... ~ ~f t~he BMC ~n firs~ 2) Move to pass Ordinance % ~O7 on second reading~ 3) Move to approve the contract with'Kitsap Humane Society/~s ~~~. 9. RESPONSIBLE OFFICIAL: Police Chief ENFORCEMENT OFFICIAL: Police Chief EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION ~ PULLED TABLED APPROVED DISAPPROVED--/ ~D COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 02--lO7 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: City program for animal control will be retained. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES Net increase of $40,000 per year for animal control. 7. RESEARCH SOURCES ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Rate Tables A and D of Chapter 3.01 of the Bremerton Municipal Code updating Administrative Services and Police Department Rate Tables; repealing and replacing Chapter 5.04 of the Bremerton Municipal Code relating to petshops and kennels; and repealing and replacing Title 7 of the Bremerton Municipal Code relating to animals and fowl. WHEREAS, the current provisions of Chapter 3.01 of the Bremerton Municipal Code relating to Rates and Fees were adopted by the City Council; and WHEREAS, the City Council desires to update the rates and fees for Administrative Services and the Police Department; and WHEREAS, the current provisions of Chapter 5.04 of the Bremerton Municipal Code relating to pet shops and kennels results in many animals being sold with out the owners ever obtaining a license for the animal; and WHEREAS, the current provisions of Title 7 of the Bremerton Municipal Code relating to animals and fowl results in ineffective responses to complaints regarding animals in the community; and WHEREAS, the City Council desires to update the provisions of Chapter 5.04 and Title 7 of the Bremerton Municipal Code in order to make the City's animal control enforcement activities more efficient; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Animal Control SECTION 1. Chapter 5.04 of the Bremerton Municipal Code entitled "Pet Shops and Kennels" is hereby repealed in its entirety and there is hereby created a new Chapter 5.04 entitled "Commercial Pet Facilities, Grooming Parlors, and Animal Welfare Facilities," to read as follows: CHAPTER 5.04 COMMERCIAL PET FACILITIES, GROOMING PARLORS AND ANIMAL WELFARE FACILITIES Sections: 5.04.010 Definitions 5.04.020 License required 5.04.010 Definitions (a) "Animal welfare facility" means any indoor or outdoor facility where pets are routinely housed or maintained by or for an animal welfare organization. (b) "Animal welfare organization" means any public or private organization registered with the Washington Secretary of State's Office as a not-for-profit organization, whether called a kennel, cattery, shelter, society, or rescue, and includes the organization's officers, agents, and representatives when acting in the name or on behalf of the organization that controls, rescues, shelters, cares for, or disposes of pets as all or part of the purpose of the organization. (c) "Commercial pet facility" means any place or entity where pets are boarded or bred for the primary purpose of compensation, or where pets are housed for resale, such as pet shops, but not including a veterinary hospital where boarding is incidental to treatment. (d) "Grooming parlor" means any place or entity, public or private, stationary or mobile, where pets are bathed, clipped, or combed for the purpose of enhancing their aesthetic value and for which a fee is charged. (e) "Pet shop" means a commercial establishment that acquires pets for the purpose of resale. 5.04.020 License required 2 Animal Control (a) License required. Commercial pet facilities, grooming parlors, and animal welfare facilities shall be licensed annually or no less than thirty calendar days prior to commencement to operation. (b) License expiration. Licenses issued under this section shall expire one calendar year from the date of issuance. (c) License fees. License fees are as follows: (1) Commercial pet facility - $150.00 per location; (2) Grooming parlors - $50.00 per location; provided, if the grooming parlor is operated at the same location as a commercial pet facility or by the owner or operator thereof, this license fee shall not be collected. (3) Animal welfare facilities - $50.00 per location. (d) Additional license fee. If all license requirements are not met by the designated renewal date, there shall be an additional license fee of $50.00 per location for commercial pet facilities and grooming parlors. There shall also be an additional fee of $25.00 for new or first-time applications. (e) License application. A license applicant shall provide the following to the animal control authority for each commercial pet facility, grooming parlor, or animal welfare facility location: (1) Name, address, and telephone number of the owner or operator of the facility and the name and address of the facility; (2) The type of license sought and a brief description of the magnitude and nature of the contemplated operation; and (3) A written statement from the City's department of community development or other satisfactory proof that the contemplated operation conforms to the City's zoning regulations. (f) License issuance. The animal control authority shall issue the license or renewal thereof if the license fee is paid, if the application meets the requirements of subsection (e), and if, upon inspection, the operation or contemplated operation meets or will meet the requirements found in BMC 7.08.030 (b), (c) or (d) as appropriate. The license shall contain its date of expiration and shall be prominently displayed at the place of operation. For license renewals, the 3 Animal Control license applicant shall meet the above requirements no less than thirty calendar days prior to the date of expiration of the existing license. As part of a commercial pet facility license, the licensee shall be required to collect the licensing fee indicated in BMC 3.01.050 from any individual, with a City of Bremerton address, purchasing a dog or cat from the commercial pet facility. The purchaser of the dog or cat must provide the following information: (1) Date of issuance; (2) Type of animal, age, color(s), sex, breed/mix, distinguishing characteristics, and whether the animal is spayed or neutered; and (3) The name, address, and telephone number of the owner of the animal; The commercial pet facility shall remit the license fees and owner information to the Animal Control Authority on a monthly basis. Thereafter, the City will mail a prepaid license to the new owner. SECTION2. Title 7 of the Bremerton Municipal Code entitled "Animals and Fowl" is hereby repealed in its entirety and there is hereby created a new Title 7 entitled "Animals", to read as follows: Title 7 ANIMALS Chapters: 7.04 Generally 7.08 Licensing and Licensing Requirements 7.10 Impoundment and Quarantine 7.12 Dangerous Animals 7.14 Misdemeanors, Infractions and Penalties 7.16 Stock Restricted Areas Chapter 7.04 GENERALLY 4 Animal Control Sections: 7.04.010 Declaration 7.04.020 Definitions 7.04.030 Authority to Animal Control Authority. 7.04.040 Animal control zone established 7.04.050 Construction 7.04.010 Declaration The ordinance codified in this title is enacted to enhance the public health, safety, welfare and convenience through the regulation of animal behavior to the end that offensive animal behavior will be reduced or eliminated. Furthermore, this title contains standards for the use, care and treatment of animals to the end that cruelty to animals will be reduced or eliminated. 7.04.020 Definitions. The terms defined below have the meanings that follow unless the context in which they are used clearly indicates a different meaning: (a) "Adequate food and water" means food or feed appropriate to the species for which it is intended. Both food and water must be in sufficient quantity and quality to sustain the animal, and should be in containers designed and situated to allow the animal easy access. (b) "Adequate shelter" means a structure that is moisture- and wind-proof, allows the animal to turn around freely, sit, stand and lie without restriction, keeps the animal clean and dry, and by application does not cause the animal injury, disfigurement, or physical impairment. (c) "Adult cat" means a cat more than six months of age. (d) "Adult dog" means a dog more than six months of age. (e) "Animal control authority" means the Bremerton Police Department, Kitsap Animal Control, Kitsap Humane Society, or other organization contracted by the City of Bremerton to enforce the City's animal control provisions. (f) "Animal welfare facility" means any indoor or outdoor facility where pets are routinely housed or maintained by or for an animal welfare organization. (g) "Animal welfare organization" means any public or private organization registered with the Washington Secretary of State's Office as a not-for-profit organization, whether called a 5 Animal Control kennel, cattery, shelter, society, or rescue, and includes the organization's officers, agents, and representatives when acting in the name or on behalf of the organization that controls, rescues, shelters, cares for, or disposes of pets as all or part of the purpose of the organization. (h) "At large" means an animal that is off the premises of the owner and not under physical restraint adequate for its size and nature or is sufficiently near its owner to be under its owner's direct control and is obedient to its owner's commands, except that all dogs must be leashed when off the premises of the owner. (i) "Commercial pet facility" means any place or entity where pets are boarded or bred for the primary purpose of compensation, or where pets are housed for resale, such as pet shops, but not including a veterinary hospital where boarding is incidental to treatment. 0) "Dangerous Animal" means any pet or livestock that: (1) Inflicts severe injury on a human being without provocation on public or private property; (2) Kills a domestic animal without provocation while the attacking animal is off the owner's property; or (3) Has been previously found to be potentially dangerous, because of injury inflicted on a human, the owner having received notice of such and the Animal again aggressively bites, attacks, or endangers the safety of humans, pets, or livestock. (k) "Feral cat" means any cat that has no apparent owner or identification and is apparently wild, untamed, unsocialized, unmanageable, and unable to be approached or handled. (1) "Grooming parlor" means any place or entity, public or private, stationary or mobile, where pets are bathed, clipped, or combed for the purpose of enhancing their aesthetic value and for which a fee is charged. (m) "Hearing examiner" means the Municipal Hearings Examiner established under BMC 2.62. (n) "Hybrid(s)" means the offspring of two animals of different species, such as the offspring resulting from breeding a domesticated dog (Canis familiaris) with a wolf (Canis lupus). (o) "Impoundment" means when an animal is placed under the control or custody of the animal control authority. (p) "Juvenile cat" means a cat seven weeks to six months of age. Animal Control (q) "Juvenile dog" means a dog seven weeks to six months of age. (r) "Livestock" means animals including, but not limited to, all equine (horse, mule), bovine (cattle), porcine (swine), caprine (goats), ovine (sheep), camelid (camel, llama, alpaca), ratitae (ostrich, emu, rhea), domesticated poultry, game birds and waterfowl (as authorized by the State of Washington), or federally-permitted fowl and other pen raised fowl, or other animals raised primarily for use as food or fiber for human utilization or consumption. (s) "Owner" means any person or entity which controls, maintains, possesses, has custody of, or otherwise provides care, shelter, protection, restraint, refuge, food, or nourishment in such a manner as to control an animal's activities. (t) "Pet" means any animal maintained by a person or entity for the primary purpose of personal enjoyment, exhibition, companionship or service including, but not limited to, domesticated animals, such as cats and dogs, and non-domesticated animals suitable to living in companionship with humans, such as some birds and mammals. (u) "Pet shop" means a commercial establishment that acquires pets for the purpose of resale. (v) "Potentially dangerous animal" means any animal that when unprovoked: (1) Inflicts a bite(s) on a human, pet, or livestock either on public or private property; (2) Chases or approaches a person upon the streets, side-walks, or any other public grounds or private property in a menacing fashion or apparent attitude of attack; or any animal; (3) With a known propensity, tendency, or disposition to attack unprovoked, or to cause injury or otherwise threaten the safety of humans, pets, or livestock on any public or private property. (w) "Provoke" means to intentionally agitate, harass, or excite an animal. (x) "Service dogs" means any guide or signal dog individually trained to provide assistance to an individual with a disability or that serves public or tribal law enforcement, as well as any dog enrolled in a recognized formal training program for those types of services. (y) "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. 7 ~ ~ .4nirnal Control (z) "Wheeled vehicle" means any wheeled conveyance intended for use as a means of transport of persons or goods. 7.04.030 Authority to Animal Control Authority. (a) The City grants to the animal control authority the authority within RCW Chapters 16.08, 16.10 and 16.52, and further vests in the animal control authority the primary responsibility for animal control and for securing compliance with this title. (b) Employees of the animal control authority over the age of twenty-one, who are commissioned as Washington Humane Officers by the Superior Court, may be commissioned as special officers by the Police Chief. When so commissioned, the officer shall thereby be charged with the enforcement of all ordinances, statutes and regulations relating to the care, treatment, control, impoundment, and licensing of animals. Such commissions may be issued and revoked in the discretion of the Police Chief. 7.04.040 Animal control zone established All of the area within the city limits of Bremerton is declared to be a single animal control zone. 7.04.050 Construction This title shall be liberally interpreted and construed to secure the public health, safety, morals and welfare and the rules of strict construction shall have no application. Chapter 7.08 LICENSES AND LICENSING REQUIREMENTS Sections: 7.08.010 Cat and dog licenses 7.08.020 Cat and dog license procedure 7.08.030 Commercial pet facilities, grooming parlors and animal welfare facilities. 7.08.010 Cat and dog licenses. 8 Animal Control (a) Annual license. All dogs and cats shall be licensed annually or within thirty calendar days from the date the owner acquires the animal or takes up residence in the City of Bremerton. (b) License expiration. Cat and dog licenses shall expire one calendar year from the date of issuance. (c) Cat and dog license fee. License fees are set pursuant to BMC 3.01.050. (d) Additional license fee. Licenses not renewed by the designated renewal date shall be assessed an additional license fee of $10.00; provided, there shall be no additional license fee where: (1) The applicant has owned the cat or dog for less than thirty calendar days; or (2) The applicant has resided in the city for less than thirty calendar days. (e) Exemptions from license fees. The following are exempt from license fees: (1) Cats and dogs in the temporary custody of a veterinarian or animal welfare organization whose owners are unknown; (2) Cats and dogs owned, and available for retail sale, by the owner or operator of a licensed commercial pet facility; or (3) Service dogs. (f) Maximum number of household pets. Not more than the accumulative total of four (4) of the following animals may be kept in conjunction with each permitted dwelling: (1) Dogs, cats and ferrets over the age of six (6) months. (2) Rabbits and similar animals over the age of three (3) months. (3) Pigeons over the age of three (3) months. 7.08.020 Cat and dog license procedure. (a) Issuance of licenses. The City Treasurer, animal control authority, or the authorized agents thereof shall issue licenses pursuant to Sections 7.08.010, as specified in this section. (b) Contents of license. The license shall contain the following: (1) Date of issuance and date of expiration; (2) A serial number; (3) Type of animal, its name, age, color(s), sex, breed/mix, distinguishing characteristics, and whether the animal is spayed or neutered; (4) The name, address, and telephone number of the owner of the animal; 9 3{' Animal Control (5) Permanent identification number or marking, such as microchip implant, if applicable. (c) License tag. (1) With each license, the owner shall receive a license tag that shall contain the serial number that corresponds to the serial number on the license and the date of license expiration. (2) The license tag need not be worn by the licensed cat or dog in a hunt or sanctioned cat or dog show or while engaged in formal, recognized training. A microchip implant may replace a license tag, provided that the license is renewed annually and the annual license fee is paid. (d) Transferability of licenses. Licenses are not transferable from one cat or dog to another, but may be transferred from an original owner to a new owner; provided, that the new owner records the transfer with the licensing agent within fourteen calendar days, pays a transfer charge as provided for in BMC 3.01.050, and assumes responsibility for all future license fees while maintaining ownership of the cat or dog. (e) Lost tags. Lost license tags may be replaced by a substitute license or tag upon application to the City Treasurer, the animal control authority, or their authorized agents thereof and payment of a replacement charge, as provided for in BMC 3.01.050. 7.08.030 Commercial pet facilities, grooming parlors and animal welfare facilities. (a) License required. Commercial pet facilities, grooming parlors, and animal welfare facilities shall be licensed pursuant to BMC 3.01, BMC 5.03 and BMC 5.04. (b) Operation requirements for commercial pet facilities and animal welfare facilities: (1) Adequate food and water for each species, pursuant to Section 7.04.020(1), and proper habitat and medical attention, if needed, shall be provided during normal business hours and when the facilities are not open for business; (2) Food shall be stored in a fashion that prevents contamination or infestation; (3) The facilities shall be maintained and operated in a healthful and sanitary manner, free from disease, infestation, and foul odors; (4) Sick animals shall be isolated from healthy ones in quarters adequately ventilated to prevent contamination of healthy animals; 10 i~. Animal Control (5) Sick or injured animals shall receive appropriate medical treatment by or under the auspices of a licensed veterinarian. Records shall be maintained reflecting treatment, care, dates of veterinary visits, and the name of the veterinarian and veterinary clinic providing treatment. Sick or injured animals shall not be sold, bartered, or otherwise transferred from a commercial pet facility or animal welfare facility to a new owner until the illness or injury is substantially healed, unless such transfer is to an animal welfare organization that assumed all responsibility for providing the appropriate medical treatment; (6) Cats and dogs shall receive age-appropriate vaccines and anthelmintics. Records of such shall be maintained for each animal and made available to the animal control authority and the Bremerton-Kitsap County Health District, including the name and address of the attending veterinarian, if applicable; (7) A copy of all medical records including, but not limited to, the records described in subsections (5) and (6) shall be provided to new owners at the time the ownership of the animal is transferred, or to the animal control authority upon request. (c) Facility and individual housing and habitat requirements for commercial pet facilities and animal welfare facilities: (1) Indoor and outdoor animal housing facilities shall be in good repair, protect the animals from injury, and shall provide sufficient security to contain the animals while preventing entry by unwanted animals. Also, the habitat shall provide species-specific requirements including, but not limited to, temperature, humidity, and light. (2) Indoor facilities shall: (i) Provide the animal with adequate space for movement and ability to sit, lie, stand, and stretch without touching the sides or top of housing; (ii) Be heated or cooled to protect the animals from temperatures to which they are not acclimated; (iii) Be adequately ventilated; (iv) Have interior walls, ceilings, and floors that are sealed and are resistant to absorption of moisture or odors; (v) Have flooring with a surface that can be sanitized and treated to minimize growth of harmful bacteria; 11 3~ Animal Control (vi) Have a waste collection and removal system that facilitates cleaning and permits maintaining the facility in a sanitary condition; and (vii) Have available a washroom with sink for hot and cold running water. (3) Outdoor facilities shall: (i) Provide adequate shelter and protection from adverse weather; (ii) Provide sufficient room for adequate exercise and movement; and (iii) When no indoor facility is available, outdoor facilities shall also: (iv) Have flooring with a surface that can be sanitized and treated to minimize growth of harmful bacteria; (v) Have a waste collection and removal system that facilitates cleaning and permits maintaining the facility in a sanitary condition; and (vi) Have available a washroom with sink for hot and cold running water. (d) Operation and facility requirements for grooming parlors. Grooming parlors shall: (1) Not board animals; (2) Provide restraining straps for animals to prevent injury while being groomed; (3) Sterilize grooming equipment after each use; (4) Not leave animals unattended when placed before a dryer; (5) Not prescribe or administer treatment or medicine or otherwise engage in veterinary practice as defined in RCW 18.92.010; (6) Not confine more than one animal in the same cage unless so requested by the owner of the animals; (7) Be structurally sound and in good repair, designed to protect the animals from injury, and provide sufficient security to contain the animals while preventing entry by unwanted animals; (8) Have grooming and animal containment areas with walls, ceilings and floors that are sealed and resistant to absorption of moisture and odors; and (9) Be cleaned and sanitized on a regular basis. (e) Inspections. The animal control authority shall inspect existing or proposed commercial pet facilities, animal welfare facilities, and grooming parlors in connection with its licensing investigation and when inspections are necessary to ensure compliance with this title. Such inspections shall be made during regular business hours. 12 ~ ~ Animal Control Chapter 7.10 IMPOUNDMENT AND QUARANTINE Sections: 7.10.010 Impounding, redemption, and disposition of pets and/or livestock. 7.10.020 Quarantine. 7.10.010 Impounding, redemption, and disposition of pets and/or livestock. (a) Impounding pets and/or livestock. Pets and/or livestock may be impounded in the following situations: (1) When the animal is at large; (2) When the animal has been subjected to cruel treatment as defined by RCW Chapter 16.52; (3) When the animal has injured or bitten a person or other animal, and/or where the animal poses a threat to people or other animals; (4) When the animal is found in violation of any restrictions imposed by a court, animal control authority or hearing examiner, relating to potentially dangerous animals; or to Section 7.12.030 relating to Dangerous animals. (5) When the animal is found in violation of Section 7.14.030(3) pertaining to animal noise, after two written warnings to the owner within a calendar year; (6) When the animal is found within the City limits and has previously been declared to be a dangerous animal by a court, animal control authority or hearing examiner. (b) Place and manner of impoundment. Pets and livestock shall be impounded in the place and manner designated by the animal control authority. (c) Authority to pursue. Animal control authority employees may pursue pets or livestock running at large onto City-owned property, vacant property and unenclosed private property to seize, remove, and impound such animals. This shall not restrict the animal control authority to pursue/impound an animal pursuant to RCW Chapter 16.52. (d) Notice to owner. Forthwith following impoundment, the animal control authority shall notify the owner of the animal of its impoundment; provided, if the owner of the animal is 13 ~ Animal Control unknown, the animal control authority shall make reasonable efforts to notify the owner of the impoundment. (e) Redemption of impounded animals. (1) Pets may be redeemed upon payment of an impound fee, a boarding fee, and any appropriate license fees. All fees shall be charged per animal handled by the animal control authority. (i) The impound fee is $25.00, which amount shall double with each offense. For example: $25.00, first offense; 50.00, second offense; $100.00, third offense. (ii) The boarding fee shall be $15.00 per day. (2) Livestock may be redeemed upon payment of an impound fee, a boarding fee, and, if impounding requires special transportation, a special transportation fee. All fees shall be charged per animal handled by the animal control authority. (i) The impound fee is $50.00, which amount shall double with each offense. For example: $50.00, first offense; $100.00, second offense; $200.00, third offense. (ii) The boarding fee is 20.00 per day. (iii) The special transportation fee is $75.00 per trip. (f) Disposition of impounded animals not redeemed. (1) When a pet is not redeemed, no sooner than ninety-six hours following impoundment, the animal control authority may give or adopt the animal to an animal welfare organization or qualified person, or euthanize the animal. (2) When livestock is not redeemed, no sooner than seventy-two hours following impoundment, the animal control authority may give or adopt the animal to an animal welfare organization or qualified person, or may commence to auction the animal to the highest bidder that can provide the animal with a suitable environment, or euthanize the animal. Notice of the auction and a description of the livestock to be auctioned shall be published at least seven calendar days prior to the sale in the official City newspaper. Such notice shall also be mailed to the owner of the livestock, if known. (3) When a feral cat is not redeemed, no sooner than twenty-four hours following impoundment, the animal control authority may give or adopt the animal to an animal welfare organization or qualified person, or euthanize the animal. 14 ~ Animal Control (g) Disposition of sick or injured impounded animals. Sick or injured impounded animals may be euthanized in accordance with RCW 16.52.210. 7.10.020 Quarantine. A pet or livestock that bites and breaks the skin of any person may be impounded by the animal control authority and, if impounded, shall be quarantined for ten calendar days to determine if the animal is infected with a disease. The place of quarantine shall be established by the animal control authority. The animal control authority may, in its discretion, allow the owner of the animal to maintain the quarantine. Any boarding fees incurred during the quarantine shall be paid by the owner of the animal. During the quarantine, the animal shall not have contact or access to any person or any other pet or livestock other than with the owner of the animal or animal control authority employees. Chapter 7.12 DANGEROUS ANIMALS Sections: 7.12.010 Potentially dangerous animals 7.12.020 Failure to control an animal declared potentially dangerous 7.12.030 Dangerous Animals. 7.12.040 Failure to control an animal declared dangerous 7.12.010 Potentially dangerous animals. (a) Declaration of an animal as potentially dangerous. The animal control authority shall have the authority to declare and restrict an animal potentially dangerous, if the animal control authority has probable cause to believe that the animal falls within the definitions set forth in Section 7.04.020(22). The declaration must be based upon: (1) The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of Section 7.04.020(22); (2) Animal bite reports filed with the animal control authority; (3) Actions of the animal witnessed by any employee of the animal control authority or laxv enforcement officer; or 15 ,~'7 Animal Control (4) Other substantial evidence. (b) Exclusions. An animal shall not be declared potentially dangerous if the animal control authority determines, by a preponderance of the evidence, that the threat, injury, or bite alleged to have been committed by the animal was sustained by a person who was at the time committing a willful trespass or other tort upon the premises occupied by the owner of the animal, or who was tormenting, abusing, or assaulting the animal, or who had been in the past observed or reported to have tormented, abused, or assaulted the animal, or who was committing or attempting to commit a crime. (c) Restrictions. The animal control authority may impose any or all of the following restrictions on an animal to protect the public safety or other animals: (1) Training. The animal control authority may require the owner of the potentially dangerous animal and the animal to attend, complete, and pay all costs associated with an accredited obedience/training class or seminar. The animal control authority shall pre-approve any choice of class by the owner of the animal, and proof of satisfactory completion of such training shall be provided to the animal control authority upon completion, even if such type of training has been completed by the animal in the past. (2) Restraint. The animal control authority may require the owner of the potentially dangerous animal to muzzle, leash, collar, confine, lock, isolate, or remove the animal from the City, or any combination of the foregoing. (3) Indemnification. The animal control authority may require the owner of the potentially dangerous animal to prove purchase of liability insurance or bond and renewals in the amount of $50,000.00 or more, as set by the animal control authority. The insurer/bond issuer must be qualified under Title 48, RCW, and must provide coverage/funds to offset any injuries inflicted by the potentially dangerous animal. All costs associated with the insurance/bond must be paid by the insured. (4) Warning. The animal control authority may require the owner of a potentially dangerous animal to post all entrances to any property where such animal is located with such visible warning sign(s) as the animal control authority deems necessary. (5) Financial responsibility. The animal control authority may require the owner of a potentially dangerous animal to pay any costs associated with enforcement of this section including, but not limited to, those stated above. 16 ~ Animal Control (d) Prohibited ownership. No person(s) under the age(s) of eighteen years old shall own a potentially dangerous animal, as defined in Section 7.04.020(22). (e) Notice of animal control authority declaration. If the animal control authority receives a report of a potentially dangerous animal, it shall immediately initiate an investigation including, but not limited to, interviewing the complainant(s), interviewing the owner of the animal, if known, and observing the animal. Upon completion of its investigation, if the animal is declared potentially dangerous, the animal control authority shall prepare a written declaration. The declaration shall include, but is not limited to, a description of the animal, the name and address of the owner of the animal, if known, a brief summary of the facts upon which the declaration is based, a statement of any restrictions placed on the animal or owner as a consequence of the declaration, a statement of the penalties for further violations, and notice of the right to appeal the declaration. (f) Service of notice of declaration. The animal control authority shall personally serve or send by certified mail its declaration to the owner of the animal. If the owner is unknown, the animal control authority shall make reasonable efforts to notify the owner of its written declaration. (g) Appeal to hearing examiner. The owner of an animal declared potentially dangerous shall have fourteen calendar days from receipt of the written declaration to appeal the declaration to the City of Bremerton Municipal Court Hearings Examiner. Within seven calendar days of receiving the written notice of appeal, the City of Bremerton Municipal Court Hearings Examiner shall schedule an appeal hearing before the hearing examiner and provide written notice of the hearing to the owner of the potentially dangerous animal, the animal control authority, and the hearing examiner. (h) Hearing before heating examiner. At the appeal hearing before the hearing examiner, the animal control authority shall have the burden of proving that the animal is potentially dangerous by a preponderance of the evidence. The owner of the animal may present evidence in defense of the animal. The hearing examiner shall weigh the evidence presented by both the animal control authority and the owner (if applicable), and shall issue a written decision to the appealing animal owner and animal control authority that either sustains or reverses the animal control authority's declaration. If the declaration is sustained or reversed by the hearing examiner, the appealing animal owner or the animal control authority shall be notified of the 17 ~ ~ .4nimal Control right to appeal. If the declaration is reversed and an appeal is not timely filed by the animal control authority, any restrictions on the animal previously imposed shall be annulled. (i) Appeal of hearing examiner's decision. Either the owner of an animal declared potentially dangerous by the authority or the animal control authority itself may appeal the decision of the heating examiner. A written appeal shall be filed with the clerk of the Superior court within fourteen calendar days after the date of the heating examiner's written decision. (j) Change of ownership, custody, and/or residence. Owners of an animal that has been declared potentially dangerous who sell, barter, or otherwise transfer the ownership, custody, or residence of the animal shall, within fourteen calendar days of the change, inform the animal control authority in writing of the name, address, and telephone number of the new owner, andJor the address of the new residence where the animal is located. Such notice shall also include the name, description, and license number of the animal. In the event the ownership and/or custody of the animal changes, the owner shall notify the new owner in writing of the details of the animal's record relating to being declared 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 that shall contain a notarized statement by the new owner acknowledging receipt of the original notification. (k) Failure to abide by restraints. Failure on the part of the owner(s) of a potentially dangerous animal to abide by the restraints placed upon the owner(s) or their animal by the animal control authority, hearing examiner, district court, or superior court may result in impoundment of the potentially dangerous animal by the animal control authority as well as further punitive action pursuant to Section 7.12.020. 7.12.020 Failure to control an animal declared potentially dangerous. (a) Misdemeanor. When an animal has been previously declared potentially dangerous, by a court, animal control authority or hearing examiner, the owner of the potentially dangerous animal shall be guilty of a misdemeanor if such animal is thereafter found: (1) At large; (2) To have, when unprovoked, inflicted a bite(s) upon a human, pet, or livestock either on public or private property; 18 ~0 ,4nirnal Control (3) To have chased or approached a person upon the streets, side-walks, or any other public grounds in such a manner as to significantly threaten the safety of humans, pets, or livestock; or (4) To have caused injury to or otherwise threatened the safety of humans, pets, or livestock. This section shall not preclude immediate criminal prosecution under RCW 16.08.100 in a first bite situation causing severe injury or death of any human. (b) Impoundment of potentially dangerous animals. In the event that a potentially dangerous animal is impounded due to the owner's failure to abide by the restraints imposed by the animal control authority, hearing examiner, district court, superior court or Municipal court, a hearing shall be set within seven calendar days by the hearing examiner to determine whether the animal should be returned to the owner, forfeited by the owner, or euthanized by the animal control authority. Notice of the heating shall be as provided in Section 7.12.010(f). In the event that the hearing examiner determines that the animal should not be returned to the owner, the animal control authority may adopt or give the animal to an animal welfare organization or qualified individual, or euthanize the animal. An owner may prevent the animal's destruction or adoption by taking the following steps within seven calendar days of the hearing examiner's decision: (1) Petitioning the superior court for the animal's immediate return subject to court-imposed conditions; and (2) Posting a bond or security in an amount sufficient to provide for the animal's care for a minimum of thirty calendar days from the seizure date. If the animal control authority still has custody of the animal when the bond or security expires, the animal shall become the animal control authority's property unless the court orders an alternative disposition. If a court order prevents the animal control authority from assuming ownership and it continues to care for the animal, the court shall order the owner to renew a bond or security for the continuing costs for the animal's care. 7.12.030 Dangerous animals. (a) Declaration of an animal as dangerous. The animal control authority shall have the authority to declare an animal as dangerous, if the animal control authority has probable cause to 19 ~[ Animal Control believe that the animal falls within the definitions set forth in Section 7.04.020(10). The declaration must be based upon: (1) The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of Section 7.04.020(10); (2) Animal bite reports filed with the animal control authority; (3) Actions of the animal witnessed by any employee of the animal control authority or law enforcement officer; or (4) Other substantial evidence. (b) Exclusions. An animal shall not be declared dangerous if the animal control authority determines, by a preponderance of the evidence, that the threat, injury, or bite alleged to have been committed by the animal was sustained by a person who was at the time committing a willful trespass or other tort upon the premises occupied by the owner of the animal, or who was tormenting, abusing, or assaulting the animal, or who had been in the past observed or reported to have tormented, abused, or assaulted the animal, or who was committing or attempting to commit a crime. (c) Possession unlawful. It shall be unlawful to possess an animal, inside the City Limits of Bremerton, that has been declared to be dangerous by any agency, animal control authority, municipality or court. This prohibition on possession does not apply to the animal control authority or police department. It is a Gross Misdemeanor to violate this provision. (d) Euthanasia. If the animal control authority determines that the restrictions placed on the ownership of dangerous dogs/animals by RCW 16.08 or other applicable state statutes are insufficient to protect the public from a particular animal declared dangerous, the animal control authority may order the animal euthanized. (e) Notice of animal control authority declaration. If the animal control authority receives a report of a dangerous animal, it shall immediately initiate an investigation including, but not limited to, interviewing the complainant(s), interviewing the owner of the animal, if known, and observing the animal. Upon completion of its investigation, if the animal is declared dangerous, the animal control authority shall prepare a written declaration. The declaration shall include, but is not limited to, a description of the animal, the name and address of the owner of the animal, if known, a brief summary of the facts upon which the declaration is based, a statement of any restrictions placed on the animal or owner as a consequence of the declaration, 20 ~o)~ Animal Control a statement of the penalties for further violations, and notice of the right to appeal the declaration. (f) Service of notice of declaration. The animal control authority shall personally serve or send by certified mail its declaration to the owner of the animal. If the owner is unknown, the animal control authority shall make reasonable efforts to notify the owner of its written declaration. (g) Appeal to hearing examiner. The owner of an animal declared dangerous shall have fourteen calendar days from receipt of the written declaration to appeal the declaration to the City of Bremerton Municipal Court Hearings Examiner. Within seven calendar days of receiving the written notice of appeal, the City of Bremerton Municipal Court Hearings Examiner shall schedule an appeal heating before the heating examiner and provide written notice of the hearing to the owner of the dangerous animal, the animal control authority, and the hearing examiner. (h) Hearing before heating examiner. At the appeal hearing before the heating examiner, the animal control authority shall have the burden of proving that the animal is dangerous by a preponderance of the evidence. The owner of the animal may present evidence in defense of the animal. The heating examiner shall weigh the evidence presented by both the animal control authority and the owner (if applicable), and shall issue a written decision to the appealing animal owner and animal control authority that either sustains or reverses the animal control authority's declaration. If the declaration is sustained or reversed by the hearing examiner, the appealing animal owner or the animal control authority shall be notified of the right to appeal. If the declaration is reversed and an appeal is not timely filed by the animal control authority, any restrictions on the animal previously imposed shall be annulled. (i) Appeal of hearing examiner's decision. Either the owner of an animal declared dangerous by the authority or the animal control authority itself may appeal the decision of the hearing examiner. A written appeal shall be filed with the clerk of the Superior court within fourteen calendar days after the date of the hearing examiner's written decision. 0) Change of ownership, custody, and/or residence. Owners of an animal that has been declared dangerous who sell, barter, or otherwise transfer the ownership, custody, or residence of the animal shall, within fourteen calendar days of the change, inform the animal control authority in writing of the name, address, and telephone number of the new owner, and/or the address of 21 Animal Control q3 the new residence where the animal is located. Such notice shall also include the name, description, and license number of the animal. In the event the ownership and/or custody of the animal changes, the owner shall notify the new owner in writing of the details of the animal's record relating to being declared 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 that shall contain a notarized statement by the new owner acknowledging receipt of the original notification. 7.12.040 Failure to control an animal declared dangerous. (a) Gross Misdemeanor. When an animal has been previously declared dangerous, by a court, animal control authority or heating examiner, the owner of the dangerous animal shall be guilty of a gross misdemeanor if such animal is thereafter found: (1) Inside Bremerton City limits; (2) To have, when unprovoked, inflicted a bite(s) upon a human, pet, or livestock either on public or private property; (3) To have chased or approached a person upon the streets, side-walks, or any other public grounds in such a manner as to significantly threaten the safety of humans, pets, or livestock; or (4) To have caused injury to or otherwise threatened the safety of humans, pets, or livestock. This section shall not preclude immediate criminal prosecution under RCW 16.08.100 in a first bite situation causing severe injury or death of any human. (b) Impoundment of dangerous animals. In the event that a dangerous animal is impounded due to the owner's failure to abide by the restraints imposed by the animal control authority, heating examiner, district court, superior court or Municipal court, a hearing shall be set within seven calendar days by the hearing examiner to determine whether the animal should be returned to the owner, forfeited by the owner, or euthanized by the animal control authority. Notice of the heating shall be as provided in Section 7.12.030(g). In the event that the hearing examiner determines that the animal should not be returned to the owner, the animal control authority may adopt or give the animal to an animal welfare organization or qualified individual, or euthanize the animal. An owner may prevent the animal's destruction or adoption by taking the following steps within seven calendar days of the hearing examiner's decision: 22 Animal Control (1) Petitioning the superior court for the animal's immediate return subject to court-imposed conditions; and (2) Posting a bond or security in an amount sufficient to provide for the animal's care for a minimum of thirty calendar days from the seizure date. If the animal control authority still has custody of the animal when the bond or security expires, the animal shall become the animal control authority's property unless the court orders an alternative disposition. If a court order prevents the animal control authority from assuming ownership and it continues to care for the animal, the court shall order the owner to renew a bond or security for the continuing costs for the animal's care. Chapter 7.14 MISDEMEANORS, INFRACTIONS AND PENALTIES Sections: 7.14.010 Misdemeanors/Gross Misdemeanors 7.14.020 Misdemeanor/Gross Misdemeanor penalties 7.14.030 Infractions 7.14.040 Infraction penalty 7.14.050 Infraction procedure 7.14.060 Enforcement by civil action 7.14.010 Misdemeanors/Gross Misdemeanors. (a) The following are declared to be misdemeanors: (1) Removing License Tag. For a person other than the owner, keeper or other authorized person to remove the license tag from an animal required or permitted to be licensed pursuant to this title; (2) No Valid License. To operate a commercial pet facility, animal welfare facility, or grooming parlor without a valid license; (3) Regulatory Violations. To operate a commercial pet facility, animal welfare facility, or grooming parlor in a fashion contrary to that required by Section 7.08.030; (4) Failure to Respond. To fail to respond to a notice of infraction issued pursuant to Section 7.14.030; 23 ~ Animal Control (5) Abandonment of Animal. For an owner or keeper to have an animal under circumstances which manifest an intent to abandon it; (6) Selling an Ill or Injured Animal. For an owner or keeper to sell an animal knowing it to be ill or injured; (7) Refusal to Quarantine. For an owner or keeper to refuse to quarantine or permit the quarantine of an animal when and as required by Section 7.10.020; (8) Interfering with Impounding. For a person to prevent, obstruct or hinder the impoundment of an animal pursuant to Section 7.10.010; (9) Possession of Any Creature that is Venomous, Poisonous, Wild or otherwise prohibited. For a person to own or maintain any lion, tiger, bear, monkey, chimpanzee, gorilla, cougar, mountain lion, badger, wolf, hybrid, coyote, fox, lynx, alligator, camen, crocodile, or venomous/poisonous creature, or other wild animals; provided, that circuses, zoos, licensed trappers and animal welfare organizations are exempt from this regulation if proper safeguards are taken, as required in the event permitting process, to protect the public and that the animal control authority is notified of their arrival and duration of stay in the City. Provided further, that state-registered wildlife rehabilitation centers are exempt from this section with regard to care and rehabilitation of those wild animals that are indigenous to North America; (10) Possession of any snake over 7 ft in length. For an owner and/or keeper of an animal to maintain possession of any snake after it has exceeded 7 feet in length. (11) Failing to First Obtain Written Court Approval. For an owner and/or keeper of an animal declared dangerous or potentially dangerous to transfer the ownership, custody or residence of the animal without first obtaining written court approval from the court or authority which declared the animal dangerous or potentially dangerous. (12) Cruelty to Animals. Any person who is in any manner or by any means guilty of any cruelty to any animal is guilty of a misdemeanor. Examples of cruelty for the purposes of this section are as follows (this list is not intended as or to be interpreted as an inclusive limited list): (i) Willfully or inhumanely injure or kill any animal; (ii) Intentionally cause or fail to alleviate any pain, suffering or injury of any animal; 24 Animal Control (iii) Willfully lay out, leave or expose any poison intended for animals or fowl on any premises, or aid or abet any person in so doing, unless in accordance with the provisions of RCW 16.52.190; (iv) Confine an animal within a motor vehicle under conditions that may endanger the health or well-being of the animal, including but not limited to extreme temperatures or lack of food or water. Any animal control or police officer is authorized to remove an animal from a motor vehicle, at any location, when the officer reasonably believes the animal is confined in violation of this section. An animal so removed shall be delivered to the animal control shelter of the animal control authority. The removing officer shall leave written notice of the removal and delivery, including the officer's name in a conspicuous, secure location on or within the vehicle. (13) Failure to control an animal declared potentially dangerous pursuant to Section 7.12.020. Any such potentially dangerous animal may be impounded by the animal control authority; (14) Failure to report striking of an animal with a vehicle. Any person who fails to report the striking of an animal to the animal control authority or law enforcement. No person shall be held liable for the injury or death of an animal under this section unless found to have committed a crime pursuant to the provisions of RCW 16.52 or this section; (15) Ownership by a person under the age of eighteen years old of any dangerous or potentially dangerous animal. (b) The following are declared to be gross misdemeanors: (1) Obstructing a law enforcement officer/animal control authority. For any person to willfully hinder, delay, or otherwise obstruct any law enforcement officer including, but not limited to, any animal control authority employee in the discharge of the employee's official powers or duties; (2) Possession of or failure to control an animal previously declared dangerous by a court, animal control authority or hearings examiner. Any such potentially dangerous animal may be impounded by the animal control authority; (3) Habitual violators. Any owner receiving two or more convictions, singularly or in combination, of crimes relating to animals within a five-year period, or four or more 25 Animal Control infractions, singularly or in combination, pursuant to Section 7.14.030 found to be committed by the Municipal court within a five-year period. 7.14.020 Misdemeanor/Gross Misdemeanor penalties. Any person, firm or corporation violating any provision of Section 7.12.020 and/or Section 7.14.010 (a) shall be guilty of a misdemeanor and any person, firm or corporation violating any provision of 7.12.040 or 7.14.010 (b) shall be guilty of a gross misdemeanor, and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of Section 7.12.020, 7.12.040 and/or Section 7.14.010 is committed, continued or permitted. Upon conviction of any misdemeanor violation, such person, firm or corporation shall be punished by a fine of not more than $1000.00 or by imprisonment for not more than ninety days, or by both such fine and imprisonment. Upon conviction of any gross misdemeanor violation, such person, firm or corporation shall be punished by a fine of not more than $5000.00 or by imprisonment for not more than one year, or by both such fine and imprisonment. 7.14.030 Infractions. (a) The following are declared to be Class 1 civil infractions: (1) Animal at large. For the owner of a pet or livestock to suffer or permit such animal to leave the premises of the owner, unless the animal is under physical restraint adequate to the size and nature of the animal or is sufficiently near its owner to be under its owner's direct control and is obedient to its owner's commands, except that all dogs must be leashed when not on the premises of the owner. Exceptions to this restriction are pets engaged in formal training, hunt or competition, or service dogs engaged in an activity for which they are trained or in service; (2) Animal in heat. For the owner of a pet in heat to keep such an animal where it is accessible to male animals, unless such accessibility is for the purpose of planned breeding; (3) Animal noise. For any person(s) to own any animal which by its barking, howling, baying, squealing, crowing, crying, bleating, screeching, or making any other noise by its volume or frequency unreasonably disturbs or interferes with the peace of any person(s) for more than fifteen minutes in any one-hour period of any day, and is documented by three or 26 ~ ~ Animal Control more separate episodes of such noise in a sequential seven-day period. The burden is upon the owner of such animal(s) to maintain quiet. Exceptions to this subsection are farm animals in permitted zones, commercial pet facilities, animal welfare facilities, veterinary hospitals, or grooming parlors otherwise in compliance with the Bremerton Municipal Code including, but not limited to Section 7.08.030, or those who can substantiate that such animal noise was caused by an injury or illness of the animal(s) or by willful trespass, torment, or abuse of the animal(s) on its property by others. Enforcement may be undertaken only upon written receipt of a complaint made to either the animal control authority or law enforcement by a person(s) residing at or who is employed in an area affected by such public noise disturbance. Any such animal(s) shall be deemed a nuisance and may be seized and impounded, pursuant to Section 7.10.010(a), if the disturbance reoccurs after the owner or custodian of such animal(s) has received two written warnings from either the animal control authority or law enforcement within a calendar year; (4) Damaging property. For the owner of a pet or livestock to suffer or permit the animal to leave the premises of the owner and thereafter cause damage to any thing of value or any other pet or livestock; (5) Disturbing pedestrians. For the owner of a pet or livestock, when off the property of the owner or in a wheeled vehicle, to suffer or permit the animal to disturb people lawfully on public ways; (6) Chasing vehicles. For the owner of a pet or livestock to suffer or permit the animal to chase or run at or after vehicles lawfully on public ways; (7) Reporting and releasing stray animals. For any person to fail to notify the animal control authority that a stray pet or livestock is in the person's possession, or to refuse to release such stray animal to the animal control authority upon demand; (8) Releasing animal. For any person except the owner or other authorized person to release any pet or livestock from confinement; (9) Excess number of animals. To own more than a total of four (4) household pets as provided in BMC 7.08.010(f) at the same place or residence without a valid commercial pet facility or animal welfare facility license; (10) Failure to license. To fail to license a cat or dog as required by Section 7.08.010(a); 27 ~lnirnal Control (11) Animal bites. To own a pet or livestock that bites a person while such person is on public property or lawfully on private property; (12) Agitating an animal. To intentionally agitate, harass, or provoke a pet or livestock; (13) Failing to notify animal control authority of change of ownership, custody, and/or residence. For any owner of an animal that has been declared dangerous or potentially dangerous to sell, barter, or otherwise transfer the ownership, custody, or residence of such an animal without notifying the animal control authority within fourteen calendar days of the change as required by Section 7.12.010(j) or to otherwise fail to comply with the requirements of that section; (14) Sale, barter, or other transfer of pets in public places prohibited. It is unlawful to sell, barter, or otherwise transfer for the purpose of changing ownership any pet in an area open to the public, unless such activity is pursuant to Section 7.08.030, or occurs at a sanctioned dog or cat show; (15) Failure to provide adequate care. For any owner ora pet or livestock to fail to: (i) provide adequate food and water for any pet or livestock, as defined in Section 7.04.020(1); (ii) provide adequate shelter for any pet or livestock, as defined in Section 7.04.020(2), except as may be appropriate for short term medical requirements or generally accepted livestock husbandry practices such as swine farrowing; (iii) provide appropriate habitat and medical care; or (iv) maintain facilities housing pets in a healthful, sanitary, and safe manner. (16) Confinement of an animal in a wheeled vehicle. No person shall confine any pet or livestock in a wheeled vehicle in such a manner that places the animal in a life- or health-threatening situation by exposure to a prolonged period of heat or cold, without proper ventilation or other protection from such heat or cold. In order to protect the health and safety of such animal, an animal control authority employee or law enforcement officer who has probable cause to believe that this section is being violated shall have the authority to enter such vehicle to remove such animal by any reasonable means under the circumstances after making a reasonable 28 ~ Animal Control effort to locate the owner. No law enforcement officer or animal control authority employee shall be held liable for any damage to property resulting from actions taken under this section or pursuant to RCW Chapter 16.52; (17) Transporting a pet or livestock in the open bed of a pickup truck or other outside part of a vehicle unless a suitable harness, cage, or enclosure is utilized and attached so as to protect such animal from falling or being thrown from the vehicle, and would not by its design or application cause injury to the animal; (18) Pets chasing livestock. For the owner of a pet to permit that animal to harass or chase another owner's livestock, when not engaged in the specific work of herding approved by the owner of the livestock; (19) Animal waste. For the owner of a pet to fail to remove deposits of fecal material originating from the owner's animal from public or private property unless the owner of such property has given permission for such material to be deposited. This shall not authorize such deposits as are otherwise governed by public health regulations or other provisions of this code. (20) Outdoor Feeding. To feed or allow any domestic or wild animals or birds to feed outdoors at such times and in such numbers that feeding birds or animals create and unreasonable disturbance or accumulation of droppings on surrounding properties, including public property. 7.14.040 Infraction penalty. The base penalty for any infraction specified in Section 7.14.030 shall be $76.00 for the first violation, $142.00 for the second infraction committed within one calendar year, and $192.00 for the third and subsequent infractions committed within one calendar year. In addition to the base penalty, a public safety and educational assessment and any other assessments required by statute shall be imposed. Each and every day or portion thereof in which an infraction is committed shall constitute a separate and distinct infraction. Provided, that if a person cited for failure to license a dog or cat under Section 7.14.030(11) presents evidence of a valid license, obtained after the date of violation, to the municipal court, the citation shall be dismissed without cost, except that the court shall assess court administration costs of $25.00 at the time of dismissal. 29 ~{ Animal Control 7.14.050 Infraction procedure Infractions under this title shall, insofar as possible, be charged and processed pursuant to justice court traffic infraction rules as now or hereafter amended. 7.14.060 Enforcement by civil action Any action or inaction by any animal or the owner or keeper thereof which is contrary to the provisions of this title, regardless if such constitutes a crime or infraction hereunder, shall be, and the same are declared to be unlawful and a public nuisance and compliance with this title may be enforced by an action for abatement or injunction brought by an affected citizen or by the prosecuting attorney. Chapter 7.16 LIVESTOCK RESTRICTED AREAS Sections: 7.16.010 Established 7.16.010 Established A city-wide livestock restricted area is established, closing the following territory to the running at large of any and all kinds of livestock: All properties within the described boundaries of Bremerton, Washington. SECTION 3. Rate Tables A and D of Chapter 3.01 of the Bremerton Municipal Code are hereby amended to read as set forth in Exhibits A and B, respectively, attached hereto. SECTION 4. Severabilitv. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. 30 ~c~- Animal Control SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ., 2002 PASSED by the City Council the day of ,2002 CAROL ARENDS, Council President Approved this day of ,2002 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ., 2002 EFFECTIVE the day of ., 2002 ORDINANCE NO. R:\LEGAL\OrdinancesLAnimal Control Ordinance.doc 31 5-3 Animal Control ADMINISTRATIVE SERVICES - RATE TABLE A All Rates Listed Are "Not To Exceed" Fees ADMINISTP, ATIVE SERVICES REGULATORY LICENSE FEES 2002 RATE BMC 5.76 Advertising $192/yr or $40/30 days BMC 5.50 Ambulance Co. Ambulance Inspections $57/veh/semi- annual BMC 5.17 Charitable Solicitation Non-Profit $12/60 days Professional Fundraiser $645/60 days BMC 5.25 Christmas Tree Lots $65/Iot/yr BMC 5.22 Dance/Public $254/yr or $65/30 days BMC 5.96 Erotic Dance Studios $645/yr Dancers $65/yr BMC 5.30 Farmers Market $439/yr BMC 9.48 Fireworks Stands $100/stand/yr BMC 5.42 Hotel/Motel $34+$2/rm BMC 10.24 Housemoving/Oversize Loads $517+$65/mile to .10 of a mile BMC 5.98 Limousine Service $131/veh/yr BMC 5.16 Mobile Food Vendor $131/veh/yr BMC 5.10 Pawnbroker $645/yr BMC 5.16 Peddlers $65/yr or $12/30days BMC 5.04 Petshops $321150/yr Grooming Parlors $150/yr Animal Welfare Facilities $150/yr BMC 5.10 Secondhand Dealer $131/yr BMC 5.98 Shuttlebus $131/veh/yr BMC 5.36 Special Events: Profit $645/event EXHIBIT NO." A, " Table A - A1 ' ADMINISTRATIVE SERVICES - RATE TABLE A All Rates Listed Are "Not To Exceed" Fees REGULATORY LICENSE FEES 2002 RATE Non-Profit $63/event BMC 5.20 Street/Sidewalk Vendors $195/yr BMC 5.54 Taxicabs $300/veh/yr Taxi Drivers $65/yr BMC 5.16 Temporary Merchant $300/30 days BMC 5.38 Theatre $260/yr BUSINESS LICENSE FEE 2002 RATE BMC 5.02 $50/yr PARKING 2002 RATE One-Street Locations Not to Exceed $20/3 hrs $30/10 hrs Off-Street Location Not to Exceed $20/3 hrs $30/10 hfs Parking Garage Not to Exceed $100/mo DOCUMENT REPRODUCTION FEES 2002 RATE Per Page $. 15/pg Audio or Video Tapes Cost of Tape +$8.50 Computer Disks $8.50 Certification $3 Blue Prints - Aerial Photos, Drawings, Maps $7/pg Documents: Medical Records $19/lSt5 pages $.83/Pgs 6-31 $.63/Pgs 31+ Fire Reports $. 15/pg Budget $25 Annual Report $25 Table A - A2 ADMINISTRATIVE SERVICES - RATE TABLE A All Rates Listed Are "Not To Exceed" Fees CHECK HANDLING FEE $40 Table A ~ A3 POLICE DEPARTMENT - RATE TABLE D All Rates Listed Are "Not To Exceed" Fees POLICE DEPARTMENT 12/31/1999 01/01/01 01101102 RATES RATES RATES Traffic Accident Reports $5.00 $6.00 $7,00 Fingerprints - 1st Card $6.00 $7.00 $8.00 Each Additional Card $6.00 $7.00 $8.00 Criminal History Check $6.00 $7.00 $8.00 Verification Letter for Lost or Stolen Property $6.00 $7.00 $8.00 Photo Prints Actual Cost of Actual Cost of Actual Cost of (Per Set When in Possession of the Dept.) Processing Processing Processing Licenses for Dogs and Cats For Each Cat Spayed or Neutered $5.50 $6.00 $6.50 (Upon Proof of Spaying or Neutering) For Each Dog Spayed or Neutered $10.00 $10.50 $11.00 (Upon Proof of Spaying or Neutering) For Each Cat Not Spayed or Neutered $11.00 $12.00 $!3.0035.00 For Each Dog Not Spayed or Neutered $20.00 $21.00 $ ..... 35.00 l~.f h.,-,,-,,.,..,-,4,-,-,,~nt ¢~4n nn ¢,~ nn cnn nq o,-,,~ ~ ...... ,~,,-,,~,-,, ~,n nn ~ $~ on nO . q.-,.i ~ ...... ,.i .-,, ,~ .~ ,, ¢.~an nn $-~ .~nn $!50 O0 rt,..~;i,,,, T,--'~r,, C)~t.,'~I q~ nn Cn nn ¢'7 nn R~li~r~.,h;~ I I~ ~ nn ¢'7 nn cn nn Alarm Compliance Fee 1st False Alarm in any I Quarter $30.00 $35.00 $40.00 2nd False Alarm in the same Quarter $60.00 $70.00 $80.00 3rd False Alarm in the same Quarter $120.00 $140.00 $160.00 or Subsequent Alarms in a Calendar Quarter Service Fee for Anti-Harrassment Order $30.00 $35.00 $40.00 Table D - D1 57 AGREEMENT FOR ANIMAL CONTROL SERVICES THIS AGREEMENT is entered into between Kitsap Humane Society ("Society") and City of Bremerton ("City"). WITNESSETH For and in consideration of the mutual promises and agreements hereinafter contained, it is hereby mutually promised, understood and agreed by the parties hereto as follows, to wit: 1. Parties. This Agreement is by and between the City of Bremerton (hereinafter City) and the Kitsap Humane Society (hereinafter Society). 2. Purpose. The purpose of this Agreement is to establish and define the relationship between the parties as it concerns the services to be provided to and by the City of Bremerton and the Society. 3. Term. This Agreement shall be effective as o~2002 or the effective date of a City Ordinance establishing revised animal control regulations, whichever date is later. If no ordinance is adopted by the City by December 1, 2002, this agreement shall be void and have no force or effect. This agreement shall continue until terminated pursuant to Paragraph 7 of this agreement. During January 2003 both parties will review and evaluate the elements of this contract. 4. Compensation. The City shall pay the Society for its services the sum of One Hundred Eighty-one Thousand Six Hundred Thirty-four and No/100 ($181,634.00) on an annualized basis or $15,136.17 per month. 5. Changes to Compensation and Scope of Services. Unless otherwise agreed, each party may provide written notice to the other party commencing August 1, 2003 and August 1st of any given year thereafter during the term of this agreement for the purpose of changing the scope of services and/or compensation for such under this agreement. Unless otherwise agreed, these changes shall become effective on January 1st of the following calendar year. Any changes shall be in writing and signed by both parties. 6. Terms of Agreement. 6.1 The Society agrees to perform the services more specifically described in the Scope of Services, dated May 15, 2002, including any addenda thereto as of the effective date of this Agreement, attached hereto as Exhibit A which is incorporated herein by this reference as if fully set forth. 6.2 The City, through the Prosecuting Attorney, shall be responsible for prosecuting criminal cases and for providing assistance, when requested by the Society, for contested hearings, or civil actions as a result of enforcing violations of City Animal Control Services Agreement 5/22/02 - Page 1 Ordinances or State Statutes relating to animals as defined herein. The Prosecuting Attorney shall provide legal administration of said ordinances and statutes. 6.3 The duties of the Society as set forth herein, shall pertain to all domesticated animals and to certain wild animals. City and other public laws will specify such authority/species. 6.4 The Society during the term of this Agreement, shall function as a non-profit corporation. Provided, that nothing herein contained shall be construed to prevent the Society from collecting fees for the disposition of animals or for other services provided under this agreement. 6.5 The Society shall maintain complete and accurate records of licensing revenues, which may be examined by the City Treasurer or a designated agent. 7. Termination. Either party upon ninety (90) days written notice may terminate this Agreement. In the event of termination, Society shall perform such additional work as is necessary for the orderly transfer of documents and materials to the City and closing of the services rendered. Society shall be compensated for work performed prior to the effective date of termination, plus work required for closing this Agreement. 8. Commission of Animal Control Officers. For the purpose of the enforcement of City Ordinances and State laws, the Bremerton Police Chief shall commission Animal Control Officers of the Society over the age of twenty-one (21) years. PROVIDED, that such commission be conferred at the direction of the Police Chief and may be revoked at will by him/her. PROVIDED FURTHER, that the City shall furnish such employees with a suitable document of authority. 9. Work Performed at Society's Risk. Society shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Society's own risk, and Society shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. lO.Workers' Compensation. Society shall maintain workers' compensation insurance and comply with all laws and regulations regarding workers' compensation. 11. Indemnification. The Society shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages judicially found to be due to the sole negligence of the City. The City's inspection or acceptance of any of the Society's work when completed shall not be grounds to avoid any of these covenants of indemnification. Animal Control Services Agreement 5/22/02 - Page 2 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Society and the City, its officers, officials, employees, agents and volunteers, the Society's liability hereunder shall be only to the extent of the Society's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE SOCIETY'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. 12. Insurance. The Society shall procure and maintain for the duration of the Agreement, insurance "of the types and in the amounts described below" against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Society, its agents, representatives, employees, subconsultants or subcontractors. Before beginning work on the project described in this Agreement, the Society shall provide a Certificate of Insurance evidencing: a. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and b. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual and products/completed operations/broad form property damage. Any payment of deductible or self insured retention shall be the sole responsibility of the Society. The City, its officers, officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Society and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Society's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Animal Control Services Agreement 5/22/02 - Page 3 The City shall be given thirty (:30) calendar days prior written notice of any cancellation, suspension or material change in coverage. Proof of coverage shall be provided to the City in the form of a Certificate of Insurance with all the endorsements as evidence of coverage. Approval of required insurance is a condition precedent to the execution of this agreement. The use of any Society subcontractors shall be subject to the same provisions of law, contracting and insurance as then in force and shall further be wholly supervised and administered by the Society without liability by the City. 13. Americans with Disabilities Act. The Society agrees to comply with all provisions of the Americans With Disabilities Act and all regulations interpreting or enforcing such Act. 14. Privileged and Confidential Information. During the term of this Agreement, the City and the Society, to the extent of their right to do so and as required for each to perform its obligations under this Agreement, may exchange proprietary and confidential information. a. Except as specifically authorized by this Agreement, or otherwise approved by the City in writing, all records or other information, documents, and materials furnished by the City to the Society will be used only in connection with work performed under this Agreement. The Society will, upon completion or termination of this Agreement, transit to the City all records or other information, documents and materials, and copies thereof, furnished by the City to the Society or developed by the Society in the performance of this Agreement. Similarly, the City will return to the Society all of the same type of records and information provided by the Society to the City. b. All proprietary or confidential information, whether received visually, orally, in writing, electronically, or in any other medium, is and shall remain the property of disclosing City or Society for a period of five (5) years or until relieved of that responsibility by the information owner. Venue and Choice of Law Clause. Any action at law, suit in equity, or other judicial proceedings for the enforcement of this contract or any provision thereof shall be instituted only in the courts of the State of Washington, County of Kitsap. It is mutually understood and agreed that this contract shall be governed by the laws of the State of Washington, both as to interpretation and performance. IN WITNESS WHEREOF, this Agreement is signed by the parties this day of ,20~ Animal Control Services Agreement 5/22/02 - Page 4 CITY OF BREMERTON KITSAP HUMANE SOCIETY CARY BOZEMAN, Mayor WINTON READ, Executive Director DEPARTMENTAL APPROVAL KATHLEEN McCLUSKEY, Director APPROVED AS TO FORM: ROGER LUBOVICH, City Attorney Animal Control Services Agreement 5/22/02 - Page 5 EXHIBIT A Scope of Services May 15, 2002 The following services will be provided by the Society; 1. 2417 services. The Society shall act as the Animal Control and Impounding authority for the City, and shall provide impound services and facilities for all animals for which impounding is authorized. Kitsap Animal Control, 9167 Dickey Road NW, Silverdale, Washington 98383, 9:00 a.m. - 6:00 p.m. seven (7) days a week, excluding holidays and 24 hours via an answering service dispatched Duty Officer. Animal Control is also available via 911 at CENCOM. Emergency services provided 6:00 p.m. to 9:00 a.m. 24 hours a day, 7 days a week and holidays are as follows: a. Pickup of injured/sick stray domesticated animals. b. Pickup of livestock at large. c. Animals currently threatening public safety. d. Police and fire department assistance. Scheduled holidays are: New Year's Day Martin Luther King Jr. Day President's Day Easter Sunday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day and the day after (2 days) Christmas Day 2. Impoundment/Rescue. Provided at the Silverdale shelter, via mobile vans and via citizen complaint, BPD/BFD/Officer request or Court order. The Society, while on patrol or by request, shall pick up dogs and/or cats injured or killed on City property. If the owner of any such animal is known, the Society shall request disposition instructions and comply with the same, if reasonable. If the owner of such animal is unknown or unavailable, the Society shall make such disposition of said animal, as it deems necessary or appropriate under the circumstances. The Society, on request, shall assist officers of the Bremerton Police Department in clearing the City streets and roads of livestock or other domesticated animals on said property. PROVIDED, that nothing contained herein shall be construed to place responsibility on the Society for the removal of dead livestock or any other wild animals from City property, nor from other public or private property. The Society shall accept at no charge, dogs, cats and other small pets brought to the shelter by their owners or other person(s). PROVIDED, that animals that have bitten any person within the last ten (10) days so as to have breaks in the skin shall be quarantined. PROVIDED FURTHER, that disposition of said animals Animal Control Services - Exhibit A 5/15/02 - Page 1 shall be at the discretion of the Society. Nothing herein contained shall be construed to prevent the Society from charging for euthanasia, quarantine, redemption (kenneling), disposal or disposition where such services are requested of the Society or deemed necessary. The Society shall not be restricted from seeking repayment or restitution from violators of any City, County or State law or regulation for services or goods provided pursuant to this agreement or in the course of enforcement of law or lawful order. a. Dispatch - Provided via a staff Dispatcher with dedicated FM mobile (vans and Officers), CENCOM, network computer and cell phone connections. b. Complaints o Provided via phone, walk-ins, BPD referral or WESTNET action. Responded to by trained Officers either in the field or by phone, or both. c. Investigations - Officers are Academy trained and commissioned Washington Humane Officers. Additional training/schools provide investigative processes, complaint resolution, customer service, animal handling, and court procedures. All case documents are confidential, however, are subject to Public Disclosure laws and are jurisdiction shared upon authorized release. d. Citations - Animal Control Officers are empowered by commissioning and contract to issue misdemeanor and infraction citations. e. Courts - Animal Control Officers are "Officers of the Court" and can provide complaint, witness, investigative and expert testimony. The Society shall provide its Animal Control Officers the necessary courtroom training to present evidence and provide testimony in the prosecution of all infraction violations of any ordinance pertaining to animals as herein defined. 3. Intake. Provided at the Silverdale shelter, a twelve (12) year old, state of the art, full service animal shelter. Intake typically consists of computer registration, microchip and tattoo screening, license and identification tag recording and cross referencing with known stray/lost records. Further, all animals are medically evaluated, temperament tested, vaccinated, wormed or treated as appropriate. Stray animals are posted on the Internet by photo and a narrative description. A "Lost Pet Line" telephone recording is also used. 4. Quarantine. The Society, under the authority and at the direction of the Health Officer of the Bremerton-Kitsap County Health Department, shall, pursuant to the direction of the Health Officer or in accordance with the request of the owner, quarantine all animals that shall have bitten a person so as to have broken the skin. PROVIDED, that the responsibility for the release of such animals from confinement shall be that of the Health Department. It is the responsibility of the Health Officer to monitor animals under confinement. The Society shall cooperate with the Health Officer in the necessary recordkeeping to monitor the keeping of quarantined animals. 5 Kenneling. Live animals are kenneled in temporary holding if under a behavioral or legal restriction, medical isolation if under treatment, and in separate areas for puppies, cats, adult dogs, livestock, birds, reptiles or fish. All animals are fed species specific Animal Controt Services - Exhibit A 5/15/02 - Page 2 diets of the most premium food/supplements available. Animals are confined in heated/cooled units. 6. Redemption. "Owned" animals are returned after reasonable proof is secured. 7. Adoptions. a. Temperament testing - Animals are behaviorally tested via breed/species standards set by the American Humane Association, American Kennel Club and others. No dangerous, severely ill, severely crippled or advanced age animals are put up for adoption. b. Spay/Neuter - All dogs and cats are altered surgically prior to adoption. c. Counseling - Adoptors are screened for their ability to care for animals for the long term. Adoptor and breed/species are matched for compatibility. d. Outreach - Some animals are readied for adoption and taken to various stores, malls and other locations for approved on-the-spot placement. 8. Licensing. The Society shall act as an agent of the City Treasurer for the purpose of issuing licenses for pets and collecting the fees therefore, as required by City ordinance. License fee revenue will be forwarded from the Society to the City on a monthly basis. The Society will administer license program including renewals and maintain animal license database for the City. City cashiers will issue animal licenses for walk-in customers. Cashiers will input license data directly in the Society database and issue tags for walk-ins. a. Pets - All dogs and cats are licensed through an annual, staggered licensing system. The City will have unique license tags purchased by the Society. b. Facilities - Kitsap Animal Control inspects and licenses grooming parlors, pet stores, animal welfare (rescue) facilities, breeders and others per ordinance. All licensing revenues, minus service charges, go to the jurisdiction of record. 9. Euthanization. The Humane Society will euthanize an owned animal that is ill, elderly, disabled or dangerous at the request of the public. Animal Control Officers may euthanize in the field for humane reasons under the authority of State law (RCW 16.52). Animals are euthanized by lethal injection and disposed of. All charges for these services are passed on to the owner at cost. 10. Humane Education. Provided by the Kitsap Humane Society through dedicated staff via in-house classes in responsible pet ownership, obedience training and in the schools via staff visits or teacher led curriculum developed for children. A speaker's bureau provides lectures and seminars for community groups. Literature is available for brochure racks, the media and general consumption by the public. 11. Administration. a. Ordinances - The Society shall faithfully enforce all ordinances of the City and/or statutes of the State of Washington now in effect relative to the care, treatment, control, impounding and licensing of animals. Animal Control Services - Exhibit A 5/15/02 - Page 3 b. Contracts - Managed and monitored by a designated contracts officer, attorney and fiscal staff. c. Personnel - Personnel policies, benefits administration, Union negotiations/contracts and hiring are handled by designated staff. Training is a major focus of service with the Kitsap Humane Society. d. Supplies - All purchasing, inventory and stocking are centralized for efficiency. Bulk ordering is utilized whenever possible to maintain cost effectiveness. e. Infrastructure - Facility, vehicle and equipment maintenance are staff assigned. Animal impound, surgical, kenneling, quarantine, disposal and livestock care facilities meet or exceed American Humane Association standards. f. Accounting - Computerized accounting systems are in place and are compatible with other networks and systems. Data and vital records are digitized and disaster/theft protected. A dedicated Business Manager and Assistant are on staff. Specialized accounting services are provided through a Silverdale CPA firm. The credit and financial health of the Kitsap Humane Society are top rated. g. Audit - An annual independent audit is performed by a CPA firm other than our accounting firm. Internal controls and self-audit checks and balances follow GAAP (Generally Accepted Accounting Principles) in the industry. All contracts are subject to contracting jurisdiction audit. h. Management - The Kitsap Humane Society is governed by a Board of Directors who select and hire an Executive Director. That individual sL~pervises five (5) divisions; Development, Business, Animal Control, Animal Care and Customer Service. Kitsap Animal Control is supervised by a professional, commissioned Washington Humane Officer of over nineteen (19) years exPerience. Animal Control Services - Exhibit A 5/15/02 - Page 4 EXHIBIT B Compensation By Service 1. 24/7 services. Included 2. Impoundment/Rescue a. Dispatch Included b. Complaints Included c. Investigations Included d. Citations Included e. Courts Included 3. Intake. (Vaccinations) $ 6,408.00 4. Kenneling. (Estimated 2,136 Cats/Dogs) $ 64,000.00 5. Redemption. No Charge 6. Adoptions. a. Temperament testing No Charge b. Spay/Neuter No Charge c. Counseling No Charge d. Outreach No Charge 7. Licensing. a. Pets. (Estimated 2,500 animals) $ 5,000.00 b. Facilities Unknown 8. Euthanization. (Estimate: 1,000) $ 2,400.00 9. Humane Education. No Charge 10. Administration. a. Contracts No charge b. Personnel (2 ACOs + Benefits) $ 74,614.00 c. Supplies (Fuel, 2 vehicles) $ 4,000.00 d. Infrastructure (2 vehicles) $ 12,000.00 e. Accounting No Charge f. Audit No Charge g. Insurance (General Liability) $ 2,300.00 h. Management $ 10,912.00 TOTAL (First Year): $ 181,634.00 Animal Control Services - Exhibit 5/15/02 file=animal control costs May 20, 2002 ANIMAL CONTROL SERVICES KITSAP HUMANE SOCIETY - CITY OF BREMERTON COST COMPARISON CONTRACTED SERVICES (2.0 FTE) 181,634 LICENSING REVENUE .... (30,957) NET CONTRACT COST 150,677 CURRENT BUDGET: DIRECT BUDGET: ANIMAL CONTROL 1.5 FTE (POLICE) 126,350 VEHICLE COSTS (EQUIPMENT SERV.) 10,000 INDIRECT BUDGET: .25 FTE CLERICAL - LICENSING 11,000 .25 FTE POLICE LT. - SUPERVISION 23,250 .10 FTE POLICE CAP.- SUPERVISION 9,740 180,340 LICENSING REVENUE (21,850) NET CURRENT CITY COST 158,490 NET CURRENT CITY COST 158,490 ADDITIONAL .5 FTE ANIMAL CONTROL OFFICER 24,350 NET COST OF COMPARABLE CITY SERVICE 182,840 KITSAP HUMANE 91~? Dickey Ro~d flW ,, Sitver. d.,~!e, Wosnlngton 98383 ,, (360) 692-6977 · Z<~x (36~3) 698-94x5,~ em~Jl: kltsaphs@silverlink.nef · vc,,~v,i,:its=phurr~one.org Nay 29, 2002 To: Simon Stocker Office of the City Attorney City of Bremerton From: Winton H. Read, Executive Director -- Re'. Fee Schedule The following fees were in effect as of 5/28/02. !. ~ - $80.00. Indudes cats or dogs, neuter/spay surgery, vaccinations, wormingt disease ~esting (~), temperamer~ testing and follow-up veterinary care. Lesser amounts are charged for mice, birds, rabbits, fish, etc. Livestock are put up for public auction. 2. liloar_din~ - $15.00 plus tax per day. Boarding only occurs for strays, not the general public. 3. Impound - $25;.00 per animal, to process and hold. Fees double with each successive impound, i.e., $S0.00, $100.00, $200. and Of 1. 4. ~ - VadL~ by animal weight and includes disposal. $~5.00 - $~29~00. No profit is made, only actual costs charged. Private, non-group ~emations are av~la~le. Pdva[e ~i~es ~y include aum and va~ acmtdlng to ce ~ner's wishes. 5. Tran~o~ - $75.00 ~r ~fp f<~ }ive~Ock requiring transpo~. L~c~j~ -- S~ by jtidsdi~on. A ~.50 ~r license ~e is ~d~ help o~et processing cos~. cc: Pauta DotJfJd BdJrr 1318 N. Mon~omery I~remerton. WA 98512-$056 USA 360 377 0121 barv(~stJn~.e, om Bremerton City Council city Hah 239 4th Street Bremerton, WA 98337 30 May 2002 Honorable Council: Please pardon the length of this letter, but it describes a situation of long standing. I was present at the first reading of the proposed action to turn over animal welfare in Bremerton to the Kitsap County Humane Society. Having heard arguments from those who wished the action to go through, and those who wished animal welfare to remain with Bremerton Animal Control, I was still sitting on the fence. But no more. While Winton Read of the Humane Society presented his case, the BAC officer and a representative from Rescue All Dogs made faces and disparaging noises, especially when Mr. Read was describing the Humane Society' s attempts to keep from euthanizing animals. In recent weeks, I have heard tape of, heard report of, and actually witnessed the BAC officer' s repeatedly and inappropriately aggressive behavior toward citizenry. The officer's handling of the situations escalated the hostility of the citizens. By report, the officer has handled situations like this for a long time, and is very probably contributing to the increasingly untrusfing climate among animal owners toward the city of Bremerton, After the meeti.'ng, the rep from RAD responded to the charge that the BAC officer's inappropriate behavior by saying that the BAC officer is overworked. While it is true that BAC is very short of staff, the BAC officer's threatening attitude toward citizens far oversteps the limits of authority that should be allowed a city employee toward the residents he or she is intended to serve. I suggest that the officer be extended the opportunity to receive training or education in public relations. When I attempted to discuss the welfare of animals other than dogs with the RAD representative, she said, twice, "I don't do cats." She then said, "The problem with cats in Bremerton can't be solved except by the most horrible methods. And I have to admit I'm for the horrible methods." This is a quote. I am not completely happy with the Kitsap Humane Society proposal, but from what I've seen of the ability. - or inabili .ty - of BAC and its associated organizations to put citizen and animal welfare first, Kitsap Humane Society is, for all its human failing, at least open to discussion, and is not associated with m~y group that, by their own admission, would consider extermination of any animal population as a solution. Until Bremerton Animal Control can re-structure itself, and either re-educate its existing officer, or replace that officer, Kitsap Humane Society wilt'have'to, be the best available choice Ibr animal welfare in the city. of Bremerton. Donna Barr Breme~ton'Citizen - F LE June 5th, 2002 To Councilman Mike Short, Hi Mike, Here is a Web site that you might find of interest. It has compiled statistics on cities surveyed from the 2000 US Census. http://www.bestplaces.net/html/citycompare.asp I pulled up comparison's between Bremerton and half a dozen other cities which had a population close to and much greater. Personally I found some of the comparison's shocking. But that's is of my o~vn interpretation. And of course stats are never to be considered accurate. But I do find some revelations in using them. They can be useful also in summing up what we already know about these cities through personal experiences. I hope you may find this web site useful in any of demographic research you may pursue. PS. I called you to say I am glad and thank-you for your effort in bringing to discussion the issue of animal control. It seemed important to me and many residents I know or people I have met. I was becoming apathetic that the city wasn't going to even discuss the issue. I am glad you have made it a public issue. Hopefully things can be worked out to please all interested parties, and help the animals too. With so many important things the city needs to find funds for, allocating more funds for animal control was nil. In the past I had and tried to approach several community leaders about problems with animals personally, I got the impression it wasn't that important item on the agenda. Maybe I should have discussed my concern at a city council meeting when the public has 3 minutes to ask questions of give feedback, but I didn't. I have become apathetic about attending these meetings as well, I was aware that the city lacked adequate staff and facilities to handle the problems of abused, stray or vicious animals. Fortunately there are some groups that volunteer their money and time to take care of some animals that are abandoned by their owners, while trying to find these pets new homes. Now that this subject has some attention, something can be resolved. > If the city contracts with the county for this chore, so be it ff they can perform the job that we ourselves can no longer handle. But if we can appropriate more funds to staff and handle it ourselves that's ok with me too. What's important is that we make our city livable for both our residents and the animals too. © Steven Smith 922 Highland Ave. Bremerton WA. 98337 2113 Marine Drive Bremerton, WA 98312 May 29, 2002 Mr. W. Maupin 4610 Marine View Place Bremerton, WA 98312 Dear Mr. Maupin: Subject: Proposed Change to Kitsap Humane Society I just got home from this evening's City Council meeting and had to do something I have seldom done, i.e. write a letter to my councilperson. I have never been to a City Council meeting here but I attended tonight's meeting because I was interested in the proposed change in Bremerton Animal Control. I have been semi-involved in animal rescue for years; either adopting or fostering rescued animals for Seattle Purebreed Rescue when I lived in Seattle and fostering animals for RED ( Rescue Every Dog) during the almost 2 years that I have lived in Bremerton. I am a CPA with 20 years of business experience so while I am certainly an animal lover, I also do have a practical analytical approach to issues. As a result of attending tonight's meeting, I am undecided as to whether Kitsap Humane Society is the best answer to animal control in Bremerton. However, I am certain that a flawed decision making process was used to reach that conclusion. If the task of the committee that was formed was to change the ordinance and to negotiate a contract with Kitsap Humane, then I seriously question why the vendor would be full members of the committee. Surely negotiation implies that there are two (or more) parties bargaining in his/her own self-interest. Perhaps that is why you basically have a 6 month contract that can and most likely will be re-negotiated in 2003 and with no escalation clause. You are closing BAC, and did not seriously consider alternatives to Kitsap Humane, so you have no backup plan ifKitsap Humane does not work out. There would be a huge inertia to taking back animal control in the future regardless of the annual amount that Kitsap Humane asks, so all the bargaining power will now lie with Kitsap Humane. You also are paying Kitsap Humane what your budget would be for bare-bones Bremerton Animal Control (which omits costs like spay and neutering, vaccines, because this is contributed by volunteers who were never consulted) but how is this reflective of the cost for Kitsap Humane? The figures presented for Kitsap Humane are so summarized that it will be difficult to negotiate future years' amount because you have lost your base year comparison. One of the committee members mentioned all the free services. There are no free services. Kitsap Humane knows exactly what every service costs, but now you will not because your committee did not insist on a detailed budget. If the task of the committee was to study alternatives for BAC, then I also question why you would include members of Kitsap Humane who have a vested interest in the outcome and neglect members of various community organizations like Animal Rescue Families, Jun ]0 02 12:26p ~- · Mcl')onald's Farm Kennel 3502 NW tl-,fllmile Road $ilverdale. ~rA 98383 June 11, 2002 RE: Anim'.fl control in Bremcrton City To whom it may concern: .n.a the sole owner t operator orMcDonald's I~ann Ketmel, I lmve watched wifl~ interest the cu~t dcb~e ov~ an/mai con~l. For your/nfo~a~on, thc County Humane Society docs ~t c~ntly have a conna~ wid~ M~onmld'~ F~ Ke~el, This is im~t. ~au~ 1 huve h~ it r~r~cnt~ ~t ~ch conlracl d~s exist, a~ this may bca factm in yom d~ision Mc~n~d% Farm Kem~cl do~ have u mon~.to-month ~n~ct with Bremeflon Animal C~l (only) ~nd we ~pp~ciate work~ closely with ~em. If there ~ ~y questions ~ c~ ~wcr with ~pcc/to riffs i~uc, or animal control in ~e ~C~ plemse call. Wilh wa~ regards, Bob Mc~naid McDon~d's Fa~ Komscl ;'.: · '"; would impose on e. xe, n~ busilkesses, inCludhlg , day-care providers. It tory smallor re~ increases on commentlai : ~om ~e ~ ~ty ~un~l~s R~es ~nggap~. S~4,~ in. a~~~~~. ~.~.,,~ '::':" '. : . ::</'.: ::: VOTING RECORDS CITY COUNCIL MEETING ~/~ DATE: JUNE 12~ 2002 AGENDA ITEM: ORDINANCE NO. 4807 (SECOND READING) AMENDING TITLE 7 OF THE BREMERTON MUNICIPAL CODE VOTE ON MOTION: NAME YES NO ABSTAIN OLSEN ~ McCONNELL ~/ NYGREN ~ ~// SHEPHERD ~ J YOUNGER J MAUPIN ~/ ARENDS (COUNCIL PRESIDENT) VOTING RECORDS CITY COUNCIL MEETING DATE: JUNE 12~ 2002 AGENDA ITEM: ORDINANCE NO. 4807 (SECOND READING) APPROVAL OF CONTRACT WITH KITSAP HUMANE SOCIETY VOTE ON MOTION: NAME YES NO ABSTAIN OLSEN ~/// McCONNELL ~/~ NYGREN ~d ~/ SHEPHERD J YOUNGER I~/// ~ MAUPIN ARENDS ~ (COUNCIL PRESIDENT) June 3, 2002 ~--~:~ Carol Arends ..... 303 N. Lafayette Avenue Bremerton, WA 98312 Subj: City Ordinance on Animals Dear Ms~ Arends, Although I am not a fan of our current inadequately funded Animal Control Department and I remain skeptical about the Kitsap Humane Society's ability to enforce our city's animal control ordinance, there appears to be no other alternative at this time. Therefore, I offer the following general comments for consideration: 1. Solicit citizens to provide feedback to the Animal Advisory Committee during Kitsap County Humane Society's six-month probationary period. 2. Strengthen the Animal Control Ordinance by including a comprehensive table of contents and index. Additionally, offer a synopsis of the requirements, for ready reference. 3. Ensure that city residents know who to call and what to expect, if they find a stray animal. Suggest a mailing, to appraise citizens of the changes. (Publishing the information in the SUN newspaper will not reach nonsubscribers.) 4. Enforce the ordinance! 5. Rewrite the ordinance using improved grammar and syntax for improved readability. I have a few pet peeves. Notably, my concerns deal with these topics: animal poop, license requirements, off-lead dogs and roaming cats, dangerous animal definitions, snakes, and number of pets. License Requirements It is very important that pet owners use good pooper-scooper etiquette. Although paragraph (a) (19) of section 7.14.030 on page 29 deals with animal waste, the city should make it very expensive for errant pet owners to ignore pooper-scooper laws while enjoying a park outing with Rover. Bremerton is lousy with people who think parks are their very own toilets. (In parks and other public places, enforcement of pooper-scooper laws could be revenue enhancing.) Owners must remove any excrement deposited by the dog from public places or the property of another person immediately. Additionally, animal owners must keep their premises clean and sanitary at all times, to prevent the hatching of fly or insect larvae and to prevent offensive or noxious odors. (I'm thinking of dog owners, and not farmers.) It is also important that all dogs and cats, service dogs included (see page 9 of section 7.08.010 paragraph (e) (3)), be licensed. {The license fee can be waived for service dogs.) Ail dogs and cats must wear their license when on public property unless participating in an activity such as obedience or agility training. Microchips should not be used in lieu of a license. Microchips are "invisible" unless a scanner is used. Then, once the microchip number is known, a registry is contacted to match the number with the animal's owner. Suggest rewriting paragraph (c) (2) of section 7.08.020 on page 10 mandating wearing of a license. - 2 - June 3, 2002 Furthermore, a. Cats must wear collars with proof of license and an ID tag and rabies vaccination. b. Feral cats, participating in a trap/neuter/release program, must wear ID indicating they have been sterilized, have current rabies vaccination, and are being cared for by a colony caregiver~ These cats may be impounded if another citizen wishes them removed from his/her property. (Comment: life is brutishly short for these free-roaming cats. A colony of feral cats will cease to exist provided the cats are sterilized and people don't continue to dump their domesticated kitties there.) To encourage dog licensing, I offer the following for consideration: c. Establish a dog park, for well behaved, licensed dogs whose owners pay a nominal fee. (Dog parks are inexpensive, must be adequately fenced with a double gate, etc.) d. Have a license clinic where pet supply vendors and veterinarians and obedience trainers offer services at a discount~ For example, veterinarians could offer a discount microchip and vaccination clinic where pets would also receive a free pet exam and pet care advice. Vendors could sell leashes and other training supplies and toys. Trainers (obedience/agility/fly ball) could promote their classes. And, finally, pet owners could register for a iow- cost neuter program. Off-lead dogs and roaming cats Nothing is more irritating than discovering the neighbor's cat using your flowerbed as its liter box or being accosted by an off-lead dog, in a parK. Owners of dogs or cats must restrain their animal on a leash or confine it within a crate, cage, or vehicle if the animal is not on the owner's property unless participating in an activity such as obedience or agility training if the owner or sponsor of the activity has permission from the agency controlling property. (Voice control is not considered adequate restraint). a. Cats may be impounded if another citizen wishes them removed from his/her property. b. Owners must not allow their dog or cat to be on public school grounds on a day when school is in session, or in a public recreation area during an organized activity, unless the dog/cat is controlled by a leash or similar restraining device. This does not apply if the dog is participating in an activity such as obedience or agility training if the owner or sponsor of the activity has permission from the agency controlling the school or recreation area. A mandatory minimum shelter holding period for stray cats should be consistent with that established for stray dogs. And it has to be longer than 24 hours. (This policy should allow for euthanasia of suffering animals prior to completion of the holding period.} I suggest that the first sentence of paragraph (f) (3) of section 7.10.010 on page 14 be rewritten to extend the length of "holding time" and to substitute the word "stray" for "feral." A stray cat can either be a lost pet cat or a feral cat. Dangerous animal definitions I recommend the committee reexamine the "potentially dangerous animal" clause in the draft ordinance. For example, paragraph 3.(v) (2) of section 7.04.020 - 3 - June 3, 2002 on page 7 states that a potentially dangerous animal means "any animal that when unprovoked chases or approaches a person upon the streets, side-walks~ or any other public grounds or private property in a menacing fashion or apparent attitude of attack..." Confining the "potentially dangerous animal" discussion to dogs, let me offer that most people cannot read the language of dogs~ Admittedly, sometimes it's very obvious that a dog wants to rip your throat out. But sometimes the subtleties between a submissive dog and an aggressive one are indistinguishable and subject to misinterpretation. Snakes Paragraph (a) (10} of section 7.14.010 on page 24 prohibits owning a snake over seven feet in length. If this is to protect the public from a particular kind of snake, strongly suggest prohibiting both commercial and private sale of said snake(s)° If a seven foot long snake is voluntarily relinquished or impounded, what happens to the snake? N,~m~er of pets Limiting the number of pets owned certainly restricts mentally ili pet- collectors and can be a tool to seize pets in animal cruelty cases. However, just as there are some parents who nurture and guide many children through life better than other parents can with one child, there are pet owners who quite capably manage (provide food, veterinary care, and mental and physical stimulation) to more than four pets. Numbers don't mean a danged thing. Good pet owners do not allow their pets to disturb the neighbors. Consideration for ones neighbor has absolutely nothing to do with how many pets reside in the household. Finally, Bremerton has potential. One visual clue that Bremerton is a desirable place is observing people, with their pooper-scooper supplies, walking their well-behaved, healthy dog. In contrast, seeing people using heavy chain as a lead while they walk a lunging dog, sporting a spiked collar, elicits another image. Unfortunately, in Bremerton, that's the image I usually see: an unneutered male pit bull type dog accompanied by an individual I would not want as a neighbor. I do not believe in breed prohibitions. But I do believe a properly educated pet owning public can take their streets back, with some incentive from the city° It's up to you° Sincerely, A/ Member of (Pet Affiliations) Peninsula Dog Fancier Club, Overlake Collie Club, American Working Collie Association, and Animal Rescue Families 1134 N. Cambrian · Bremerton, WA · 98312 Phone: 377-3056 (h) and 396-8577 (w) Email: mrussell@spb.swfpac.navy~mil