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HomeMy WebLinkAbout4701 ORDINANCE NO. 4701 AN ORDINANCE regarding Animal Control and amending Chapters 7.04, 7.05, 7.06, 7.07, and 7.08 of Title 7 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Chapter 7.04 GENERAL PROVISIONS of the Bremerton Municipal Code, Section 7.04.200 shall be amended as follows: 7.04.200 DEFINITION. As used in this title, except where a different meaning is plainly apparent from the context, the following definitions apply: (a) "Abandon" means the act of leaving an animal in a situation where the conditions present an immediate, direct and serious threat to the life and safety of the animal. (b) "Allow" means to permit by neglecting to restrain or prevent. (c) "Animal control authority" means the Bremerton Police Department, acting alone or in concert with other municipalities for the enforcement of the animal control laws of the city and state for the shelter and welfare of animals. (d) "At large" or "running at large" means to be off the premises of the custodian and not physically restrained by the custodian or by a person authorized by the custodian. (e) "Custodian" means a person who owns, keeps, harbors, or maintains an animal. (f) "Dangerous dog" means any animal that according to the records of the animal control authority (i) inflicted severe injury on a human being without provocation while on public or private property; or (ii) has killed a domestic animal without provocation while off the owner's property; or (iii) has been previously found to be potentially dangerous, the owner having received notice of such potential and dog subsequently aggressively bites, attacks, or endangers the safety of humans or domestic animals. (g) "Detain" means to place an animal in custody. (h) "Disposed of in a humane manner" means euthanized by a lethal dose of sodium pentobarbital or adoption. (i) "Domestic animal" means any animal, except livestock, commonly kept as a household pet that lives and breeds in a tame condition. (j) "Feral Cat" means a cat that is not able to be approached or handled by a human and has no evidence of an owner. (k) "Fowl" includes chickens, roosters, geese, and ducks. (I) "Harboring" means feeding, sheltering or confining for more than 24 hours on the property one owns, occupies, or controls. (m) "Holding pedod" means 72 hours, commencing at the close of a regular business day on the day of detainment, excluding days the City animal shelter is not open to the public. (n) "Household Pets" means dogs, cats, ferrets, rabbits, pigeons, mice, hamsters, gerbils, parakeets, canaries, finches, and other similar exotic birds, reptiles, amphibians, fish and other similar animals kept for companionship or for personal enjoyment not otherwise prohibited by BMC 7.08.100 (k). (o) "Leash" includes a strong cord, thong, or chain not more than eight feet (8') in length by which an animal is controlled by the person accompanying it. (p) "Potentially dangerous dog' means any dog that when unprovoked; (1) Inflicts a bite or bites upon a human or a domestic animal either on public or private property, or (2) Chases or approaches a person upon the streets, sidewalks, or any other public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or otherwise to threaten the safety of humans or domestic animals. Further delineation under section 7.07.025. (q) "Proper enclosure", unless otherwise provided herein, means building, pen, or other structure suitable to prevent the entry of animals or young children, to prevent the animal from escaping, and to provide protection from the elements. (r) "Stray" means any dog, cat, or animal appearing or remaining in a neighborhood or any public place without an apparent owner or home. (s) "Trespassing" means any animal, which enters upon the property of another person, without the authorization of the lawful occupant. Section 2. Amendment. Chapter 7.05 ADMINISTRATION of the Bremerton Municipal Code, Section 7.05.100, shall be amended to read as follows: 7.05.100 COMPLAINT FILING AND INVESTIGATION. The animal control authority shall keep records relating to seizure, impoundment, violations, and complaints concerning animals, and records of dangerous and potentially dangerous dogs. Bremerton police officers or animal control officers shall investigate citizen complaints regarding animals, issue citations for violation of this title, and make initial determinations as to dangerous or potentially dangerous dogs. Any citizen may request that a particular dog be declared dangerous or potentially dangerous by filing an affidavit or certified statement setting forth all pertinent known information about such animal with the animal control division of the police department. Section 3. Amendment. Chapter 7.06 DOG AND CAT LICENSING of the Bremerton Municipal Code, Section 7.06.300 shall be amended to read as follows: 7.06.300 ISSUANCE OF LICENSES. The City Treasurer or animal control authority shall issue licenses to persons applying therefor upon payment of the license fee and to issue a tag for each dog or cat licensed. The license application shall be dated and numbered and shall bear the name of Bremerton, Washington, the name and address of the owner or custodian of the dog or cat licensed, the name of the dog or cat, and a description of the dog or cat including its age and sex and include a certification that the dog or cat has been vaccinated as required by BMC 7.06.100. The tag shall bear the name of Bremerton, Washington, a serial number corresponding with the number of the license application, and the date of expiration. Every dog and cat shall be required to wear a collar or harness with a current license attached. Dogs without current license tags may be impounded. Section 4. New Section. Chapter 7.07 DANGEROUS DOGS of the Bremerton Municipal Code shall add a new section to read as follows: 7.07.025 POTENTIALLY DANGEROUS DOGS. (a) The following levels may be used by animal control to define and regulate a potentially dangerous dog: (1) Level 1. A dog is Level 1 potentially dangerous when, without provocation, it chases or approaches a person upon any property other than the dog's owner's property in a menacing fashion or apparent attitude of attack. (2) Level 2. A dog is Level 2 potentially dangerous dog when it causes injury to or otherwise threatens the safety of a human or domestic animal. (3) Level 3. A dog is Level 3 potentially dangerous dog when it bites a human or domestic animal. (b) Restraint of potentially dangerous dogs. The animal control may place the following restraints upon potentially dangerous dogs: (1) A Level I potentially dangerous dog, whenever outside of the owner's residence and not on a leash, shall be restrained by a physical device or structure that prevents the dog from reaching a public sidewalk, easement, right-of-way, road, or adjoining property, and must be located where the dog does not interfere with legal access to the owner's property. (2) A Level 2 potentially dangerous dog must comply with the restrictions on a Level I potentially dangerous dog, and in addition, the animal control authority may require the owner to obtain and maintain proof of public liability insurance as defined in RCW 16.08.080. The owner may be required to complete a responsible pet ownership program administered by the animal control authority. All costs associated with the program shall be paid by the owner. (3) A Level 3 potentially dangerous dog shall be confined within a secure enclosure as defined by BMC 7.07.435 whenever the dog is not inside the owner's residence. The secure enclosure must be located where it does not interfere with the public's legal access to the owner's property. In addition, the animal control authority may require the owner to obtain and maintain proof of public liability insurance as provided in 7.07.425 of this code. The owner shall not permit the dog to be outside the secure enclosure or off the owner's property unless the animal is humanely muzzled and restrained by an adequate leash and under the control of a capable person. In addition, the owner must complete a responsible pet ownership program administered by the animal control authority. All costs associated with the program must be paid by the owner. The Level 3 potentially dangerous dog must be registered as provided for in 7.07.400 of this code. Failure on the part of the owner to abide by the restraints placed upon the potentially dangerous dog by the animal control may result in impoundment of the potentially dangerous dog by animal control as provided in 7.07.525 of this code. Section 5. Amendment. Chapter 7.07 DANGEROUS DOGS of the Bremerton Municipal Code, Sections 7.07.100, 7.07.200, and 7.07.300, shall be amended to read as follows: 7.07.100 DECLARATION AND NOTICE. Whenever the animal control officer determines, by his or her records or upon investigation, that a dog should be classified as potentially dangerous or dangerous, the officer shall enter such declaration in his or her records and shall personally serve or serve by certified mail, return receipt requested, to the address listed on the animal license within seven days of the declaration being made, to the custodian of such dog, informing the custodian of the applicable laws and ordinances. Service, if by mail, shall be considered completed three days after mailing of the notice. If the custodian is unknown, an animal control officer shall make reasonable efforts to notify the custodian of the officer's wdtten declaration. Such wdtten notice shall include: (a) A description of the dog; (b) The name and address of the alleged custodian of the dog; (c) The whereabouts of the dog if not in the actual control of the custodian; (d) The facts, incident(s), and date(s) upon which the declaration is based; (e) The procedure allowed by law to contest such classification; (f) The penalties for violation of restrictions pertaining to that classification. A dog shall not be declared dangerous or potentially dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a trespass or other tort upon the premises occupied by the custodian of the dog, was committing a cdme against the custodian, was teasing, attacking or harming the dog, or has in the past been observed to have teased, attacked or harmed the dog. 7.07.200 HEARING. The custodian of a dog declared potentially dangerous or dangerous, may file a wdtten request within seven (7) working days from the date of receipt of such notice for a headng before the Supervisor of Bremerton Animal Control (hereinafter Supervisor) or his or her designee as the headng officer. The hearing officer shall be someone who did not participate in making the potentially dangerous or dangerous dog determination. The owner or custodian's appeal must be in writing and shall be filed with Animal Control. (a) Hearing before Supervisor. Upon receiving the written notice of appeal the Supervisor shall promptly schedule an appeal hearing and provide wdtten notice of the hearing before the Supervisor. The Animal Control shall have the burden of proving that the dog is potentially dangerous or dangerous by a preponderance of the evidence. The Supervisor shall issue a wdtten decision to the appealing dog owner or custodian that either sustains or reverses the animal control officer's declaration. The decision by the Supervisor shall be the final decision of the Bremerton Animal Control. If the declaration is sustained, the appealing dog owner or custodian shall be notified of the right to appeal. (b) Appeal of Supervisor's Decision. An owner or custodian of a dog declared potentially dangerous or dangerous by the Bremerton Animal Control may appeal the declaration if the Supervisor sustains the animal control officer's declaration. A written appeal shall be filed pursuant to BMC 2.62.045 within seven (7) working days after the date of the Supervisor's written decision. 7.07.300 FAILURE TO CONTROL A DOG DECLARED POTENTIALLY DANGEROUS LEVEL 1 AND 2; DECLARATION OF DOG AS DANGEROUS. (a) Misdemeanor. After a dog is declared potentially dangerous level 1 or 2, the custodian of the dog shall be guilty of a misdemeanor if such a dog again (i) bites, chases or attacks a human or a domestic animal either on public or private property or (ii) chases or approaches a person upon the streets, sidewalks, or any other public grounds in a menacing fashion or apparent attitude of attack, or (iii) causes injury to or otherwise threatens the safety of humans or domestic animals. (b) Declaration of a Dog as Dangerous. If the owner and/or custodian of a potentially dangerous dog is found guilty of violating subsection (a) of this section, the municipal court shall make a further determination as to whether the dog should be declared dangerous. (c) In addition to citing the custodian for violation of this chapter, the animal control officer shall immediately impound any potentially dangerous dog pursuant to BM(; 7.07.525 of this code. (d) If any dog declared dangerous or potentially dangerous cannot be impounded, such dog may be slain by any police officer or animal control officer. Section 6. Repeal and Replace. Chapter 7.07 DANGEROUS DOGS Section 7.07.350 of the Bremerton Municipal Code shall be repealed and replaced as follows: 7.07.350 FAILURE TO CONTROL A DOG DECLARED DANGEROUS OR POTENTIALLY DANGEROUS LEVEL 3 - PENALTIES. (a) Any dangerous or potentially dangerous Level 3 dog shall be immediately impounded pursuant to BMC 7.07.525 by an animal control officer if the: (1) Dog is not validly registered under this chapter; (2) custodian does not secure the liability insurance coverage required under this chapter; (3) dog is not maintained in the proper enclosure; (4) dog is outside of the dwelling of the custodian, or outside of the proper enclosure and not under physical restraint of the responsible person; (5) the dog (i) bites, chases, or attacks a human or a domestic animal either on public or pdvate property or (ii) chases or approaches a person upon the streets, sidewalks, or any other public grounds in a menacing fashion or apparent attitude of attack, or (iii) causes injury to or otherwise threatens the safety of humans or domestic animals. In addition, the custodian shall be guilty of a gross misdemeanor. Section 7. Amendment. Chapter 7.07 DANGEROUS DOGS of the Bremerton Municipal Code, Sections 7.07.400, 7.07.425, 7.07.430, 7.07.435, and 7.07.525 shall be amended to read as follows: 7.07.400 REGISTRATION OF DANGEROUS OR POTENTIALLY DANGEROUS DOGS REQUIRED. (a) The custodian of a dog declared to be dangerous or potentially dangerous Level 3, shall register the dog within fifteen (15) days of the declaration with the animal control authority; it is a misdemeanor for a custodian to have a dangerous dog or potentially dangerous Level 3 dog within the City of Bremerton without a valid certificate of registration in effect from the animal control authority. (b) The annual registration fee for a dangerous or potentially dangerous Level 3 dog is $100.00. This fee is in addition to the regular licensing fees. The initial registration fee shall be prorated according to the number of months remaining in the registration year. A certificate may be renewed without additional fee upon a custodian's change of address if the custodian provides the animal control officer with evidence that all conditions necessary for the issuance of a valid certificate of registration are met at the new address within seven (7) days of that change. 7.07.425 REGISTRATION - GROUNDS FOR ISSUANCE. The animal control officer shall issue a numbered certificate of registration, in a form to be provided by the officer, to the custodian of a potentially dangerous Level 1 or Level 2 dog. The animal control officer shall issue a numbered certificate of registration to the custodian of a dangerous or potentially dangerous Level 3 dog if the custodian presents to the officer sufficient evidence of a proper enclosure to confine such animal and the posting of the premises with a clearly visible warning sign that such animal is on the property. As an alternative to confinement within a proper enclosure, as that phrase is defined in BMC 7.04.200(n), a dangerous dog or potentially dangerous Level 3 dog may be confined indoors subject to BMC 7.07.430. An animal control officer shall make an on-site inspection of the applicant's site for keeping the dangerous or potentially dangerous Level 3 dog to ensure that the site is properly enclosed and posted. Such inspection shall occur within fifteen (15) days of the animal being declared dangerous or potentially dangerous Level 3. In addition, the custodian shall conspicuously display a sign with a warning symbol that informs the public of the presence of such animal, and provide either: (a) A surety bond in a form acceptable to the City's Risk Manager in the sum of at least $500,000.00, payable to any person injured by the dangerous or potentially dangerous Level 3 dog and containing a provision that the bond may not be cancelled, terminated, or allowed to lapse without ten (10) days prior written notice to the animal control authority; or (b) A policy of liability insurance, such as homeowner's insurance, in the amount of at least $50,000.00, insuring the custodian for any personal injuries inflicted by the dangerous dog or potentially dangerous Level 3 dog. Such policy shall contain an additional provision requiring the insurance carrier to notify the City within thirty (30) days of any cancellation, termination, or expiration of such liability insurance. 7.07.430 CONFINEMENT INDOORS. No dangerous dog or potentially dangerous Level 3 dog shall be kept on a porch, patio, or in any part of a house or structure which would allow such dog to exit such building on its own volition. In addition, no such animal shall be kept in a house or structure where the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure. 7.07.435 PROPER ENCLOSURE REQUIRED. The custodian of any dangerous or potentially dangerous Level 3 dog shall provide a locked enclosure with six (6) feet high sides and a secured top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded into the ground no less than one foot. Such a structure must be constructed of chain-linked fencing or other material of such strength and construction that the dog cannot chew through or break or dig out of the enclosure. Any gates or entrances to the structure must be of similar construction and the entire structure must be so designed so that the dog cannot get out. The area of enclosure shall be no less than 225 square feet, with no less than 15 feet per side. The enclosure shall be set back at a sufficient distance or so covered that the dog does not have visual access to a public right-of-way. 7.07.525 IMPOUND OF DANGEROUS AND POTENTIALLY DANGEROUS DOGS - CONDITIONS - HEARINGS. (a) In the event that a dangerous or potentially dangerous dog is impounded pursuant to this section, a hearing shall be held within ten (10) business days by the Supervisor to determine whether the dog should be returned to the owner or custodian, forfeited by the owner or custodian, or euthanized by the animal control. Notice of the hearing shall be by personal service or by regular and certified mail, return receipt requested, to the address listed on the animal license. Service, if by mail, shall be considered completed three days after mailing of the notice. If the custodian is unknown, an animal control officer shall make reasonable efforts to identify and personally serve the owner or custodian. No dog shall be released to the custodian or owner until all applicable impound fees and daily boarding fees are paid. An owner may prevent the dog's destruction by taking the following steps within seven (7) days of the Supervisor's decision: (a) petitioning the hearings examiner for the animal's immediate return subject to court imposed conditions, and (b) posting the boarding fees in advance, in fourteen-day increments, and continuing for the entire time the dog is placed in the shelter facility regardless of the owner's decision to appeal to the headng examiner or to the superior court. A dog is not released, and an appeal is not heard until the owner has paid the full boarding fee owing to the shelter facility. The boarding fee is not refundable regardless of the outcome of an appeal. The shelter facility may euthanize a dog if its owner fails to pay the full board fee within fourteen days of receiving notice of the determination by the animal control authority, regardless of the owner's decision to appeal, or if the owner fails to maintain payment of the boarding fee. Any boarding fees required by this section shall also cover the costs of the dog and any offspring that are in the dangerous or potentially dangerous dog's care. (b) If a dangerous dog of a custodian with a prior conviction under this chapter attacks or bites a person or another domestic animal, the dog's custodian may be prosecuted pursuant to RCW 16.08.100(2). In addition, the dangerous dog shall be immediately confiscated by an animal control officer, placed in quarantine for ten (10) days and thereafter destroyed in an expeditious and humane manner. Section 8. Amendment. Chapter 7.07 DANGEROUS DOGS of the Bremerton Municipal Code shall be amended as follows: Sections 7.07.700, 7.07.800, 7.07.825, 7.07.850. 7.07.700 SALE OF DOG OR TRANSFER OF CUSTODIANSHIP WITHIN CITY. (a) Custodians of a dog that has been declared dangerous or potentially dangerous, who sell or otherwise transfer the ownership, custody, or residence of the dog shall, within five (5) calendar days of the change, inform the animal control authority in writing of the name, address, and telephone number of the new custodian, and/or the address of the new residence where the dog is located. Such notice shall also include the name, description, and license number of the dog. In the event the custody of the dog changes, the custodian shall notify the new custodian in writing of the details of the dog's record relating to being declared dangerous and the terms and conditions of the declaration. The custodian shall also provide the animal control authority with a copy of the wdtten notification, which shall contain a notarized statement by the new custodian acknowledging receipt of the original notification. (b) No person shall sell, give, barter, or in any other way transfer ownership of a dangerous or potentially dangerous Level 3 dog required to be registered pursuant to BMC 7.07.400 to any other person residing within the City, without the new custodian's prior compliance with registration requirements pursuant to B.M.C. 7.07.400-.425. (c) Any custodian of a dog registered or required to be registered under this chapter shall notify the animal control authority upon the disposition of such dog to any person outside the City, together with the name and address of the new custodian. 7.07.800 MUZZLE REQUIREMENT. It shall be unlawful for the custodian of a dangerous or potentially dangerous Level 3 dog to permit it outside of its proper enclosure unless muzzled and restrained by a substantial chain or leash having a minimum tensile strength of 300 pounds, not exceeding 4 feet in length and under the control of a person. The muzzle shall be made to prevent the dog from biting. These restraint restrictions shall apply from the time a dog has been classified as dangerous or potentially dangerous Level 3, regardless of the filing of an appeal, unless and until a superior court reverses the classification. 7.07.825 IDENTIFICATION PHOTOGRAPHS. All custodians of dangerous or potentially dangerous Level 3 dogs must, within fifteen (15) days of such classification, provide the animal control officer with two (2) color photographs of the dog in different poses, clearly showing its color, markings, and approximate size. 7.07.850 TATTOO REQUIRED. The owner of a dangerous or potentially dangerous Level 3 dog shall within fifteen (15) days, at his or her own expense, have the registration number assigned to the dog tattooed upon such dangerous dog's thigh by a licensed veterinarian or person trained as a tattooist and authorized as such by the appropriate governmental authority. Section 9. Repeal. Section 7.07.900 is hereby repealed in its entirety. Section 10. Repeal and Replace. Chapter 7.08 ANIMAL CARE AND CONTROL, Section 7.08.030 of the Bremerton Municipal Code is hereby repealed and replaced as follows: 7.08.030 CONSTRICTING SNAKE LICENSE REQUIREMENTS; GUIDELINES. Any person possessing a constricting snake as a household pet, shall obtain a license therefore and comply with the following license requirements: (a) LICENSE REQUIREMENTS: Prior to being granted a license for a constricting snake within the City, the possessor of said animal shall demonstrate to the animal control officer the following: (1) All constricting snakes will be housed in a unit secured with locks, with a hinged top or doors or a sliding glass front with a locking mechanism. (2) When handling any of the constricting snakes, another individual will be present or at least within calling distance. (3) No minors will own or keep any adult snake over 7 feet long. (4) All constricting snake owners will be liable for the medical costs of treating injuries as well as additional damages for traumas or damage caused by their animals. (b) LICENSE ISSUANCE AND FEE: Following an in-house inspection of the holding cages for the snake(s), the animal control authority shall issue licenses to persons applying therefor upon payment of a license fee and will issue a certificate of registration for each snake licensed. The license application shall be dated and numbered and shall bear the name of Bremerton, Washington, the name and address of the owner or custodian of the snake licensed, and a description of the snake. The fee for licensing each snake shall be Twenty-Five Dollars ($25.00). (c) LICENSE RENEWAL: All snake licenses shall be due and payable the first day of July of each year. If the license fee above provided for is not paid on or before August 31st of each year, the applicant shall pay a penalty fee of Ten Dollars ($10.00) for each license. (d) LICENSES NONTRANSFERABLE: Licenses as provided in this chapter shall not be transferable from one animal to another: Provided, That nothing contained in this section shall be construed to prevent a license being transferred from one owner to another. Section 11. Amendment. Chapter 7.08, sections 7.08.100 and 7.08.200 of the Bremerton Municipal Code are amended as follows: 7.08.100 NUISANCES. The following acts are prohibited and will constitute public nuisances, and unless otherwise specified, shall constitute civil infractions: (a) Animals at Lar.qe: It shall be unlawful for the custodian of any animal, except cats and trained birds, to cause, permit, or allow such animal to roam, run, stray, or to be at large, or away from the premises of such owner or authorized custodian. Animals are not permitted upon any public property or pdvate property of another, unless such animal be under the physical control of a person and restrained by a leash that is eight feet (8') or shorter. Any animal found roaming, running, straying, or being at large from the custodian's premises and not under control and restraint as herein provided may be impounded, subject to redemption in the manner provided by Chapter 7.08.300. Provided, however, That an animal not under the physical control of another or restrained by a leash shall be permitted upon the pdvate property of another with that person's permission. (b) Diseased Animals: To own or keep any animal afflicted with any infectious or contagious disease and fail to provide treatment for such infection or disease, or permit such diseased or infected animal to run at large or come into contact with other animals, or ddnk at any public or common watedng trough or stream accessible to other animals. To own or keep any animals known to have contagious disease unless under the treatment of a license vetednadan. (c) Failure to Confine Cat or Do,q in Heat: Failure to confine any female cat or dog that is in estrus (heat) inside an enclosed structure so that the female cat or dog cannot come in contact with the male unless the male is admitted by the custodian of the female. (d) Dama.qe by Animal: Permit any animal (i) to damage public property or the private property of another or (ii) to spread or spill garbage. (e) Unlawful Tethering: Tether an animal in such a manner as to permit the animal to enter any sidewalk, street, alley, or to enter any adjacent lot or premises unless authorized by the occupant of that adjacent premises. (f) Disturbance: Permit or allow any animal to unreasonably annoy or disturb other persons in the vicinity of his premises or upon the public street by frequent howling, yelping, whining, barking, or other noises. (g) Threatening Pedestrian: To cause, permit, or allow any animal to snap at, jump upon, or otherwise threaten persons using the public sidewalks, streets, alleys, or other public ways. (h) Biting, Chasina. AttackinR: To cause, permit or allow such animal to bite, chase, or attack persons or other animals. (i) HarassinR: To cause, permit, or allow such animal to chase or run after vehicles, bicycles or pedestrians using the public streets or alleys. (j) Animal Waste Disposal: To fail to immediately clean up and properly dispose of any deposits of animal waste or damage while on public property or pdvate property. (k) Animals Prohibited: To keep any creature that is venomous/poisonous, or a wild animal. No person may own or maintain any lion, tiger, bear, chimpanzee, godlla, cougar, swine, mountain lion, badger, wolf, wolf-hybrid, cat family-hybrid, coyote, fox, lynx, or venomous/poisonous creature or wild animal. Provided, That circuses are exempt from this regulation if a license is obtained pursuant to BMC 5.36.010. (I) Confinement in a Vehicle: No person shall confine an animal within or on a motor vehicle at any location under such conditions that may endanger the health or well being of the animal, including, but not limited to, extreme temperatures, lack of food, water or attention. Any animal control or law enforcement officer is authorized to remove any animal from a motor vehicle, at any location, when the officer reasonably believes it is confined in such conditions as described in this section. Any animal so removed shall be delivered to the animal control shelter after the removing officer leaves written notice of such removal and delivery, including the officer's name, in a conspicuous, secure location on or within the vehicle. (m) Outdoor Feedin.q: To feed or allow any domestic or wild animals or birds to feed outdoors at such times and in such numbers that (1) feeding birds or animals create an unreasonable disturbance or accumulation of droppings on surrounding properties including public property, or (2) feed remains uneaten for more than four hours. 7.08.200 IMPOUNDMENT. Domestic animals may be impounded by an animal control officer in the following situations: (a) If necessary to abate a nuisance as defined in BMC 7.08.100; or (b) If the animal bites or injures a person or other animal, or by its actions or condition, presents a clear and present threat to the public peace, health or safety, and the public is in imminent danger, go onto the property, seize the animal and detain the animal; or (c) If the animal does not present a clear and present threat to the public peace, health, and safety, post notice to abate the nuisance upon any property wherein an animal which constitutes a nuisance is harbored. If the nuisance is not abated within twenty-four (24) hours, the animal shall be detained at the City animal kennel. (d) If an animal has been or is being subjected to cruel treatment or conditions as defined in BMC 7.08.600 that present an imminent risk to the animal's safety and welfare, go on to the property, seize the animal and detain the animal until the animal's custodian provides assurances that the treatment or conditions underlying the impoundment will not recur. This right of entry and seizure includes and is subject to the provisions stated in BMC 7.08.400. (e) If the animal is determined by the Animal Control Officer to be a "potentially dangerous dog" as defined in 7.04.200(p) or "dangerous dog" as that term is defined in 7.04.200(f) then said animal may be impounded by the Animal Control Officer and: (1) Said animal may be detained by the City until the custodian requests a hearing pursuant to 7.07.200 to contest the declaration of potentially dangerous or dangerousness and the Hearing Examiner rules that the "potentially dangerous" or "dangerous dog" determination was made in error. (2) The custodian of the dog has the responsibility to contact the shelter facility within fourteen days of receipt of the potentially dangerous or dangerous dog notice to make payment of the boarding fee for the dog, regardless of the owner's decision to pursue an appeal. Payments of boarding fees must be made in advance, in fourteen-day increments, and must continue for the entire time the dog is placed in the shelter facility regardless of the owner's decision to appeal to the headng examiner or to the supedor court. (3) A certificate of registration is not issued, a dog is not released, and an appeal is not heard until the owner has paid the full boarding fee owing to the animal control. The boarding fee is not refundable regardless of the outcome of the appeal. (4) The animal control may euthanize a dog if its owner fails to pay the full board fee within fourteen days of receiving notice of the determination by the animal control authority, regardless of the owner's decision to appeal, or if the owner fails to maintain payment of the boarding fee. (5) Said boarding fees shall also cover the costs of any offspring of the dog that are in its care. (6) If the custodian does not request the hearing provided for by 7.07.200 or if such headng is requested and the Hearing Examiner upholds the Animal Control Officer's "dangerous dog" determination, said animal may be detained until the custodian shows proof that he/she has complied with requirements of this Chapter pertaining to the keeping of a dangerous dog. : (i) If the custodian shows proof that he or she has met the requirements for keeping a dangerous dog in the City, the dog will be released upon payment of impound and boarding fees. (ii) If the custodian has not shown proof that he or she has met the requirements for keeping a dangerous dog within thirty (30) days of the Hearing Examiner's decision, the animal may be immediately destroyed. (7) If the custodian neither appeals the Animal Control Officer's "potentially dangerous" or "dangerous dog" determination nor shows proof that he or she has met the requirements for keeping a potentially dangerous or dangerous dog in the City within fifteen (15) days of the declaration of potentially dangerous or dangerousness the animal may thereafter be immediately destroyed. Section 12. Effective Date. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council on the first reading this 5th day of April, 2000. PASSED by the City Council of the City of Bremerton this 12th day of April, 2000. CAROL ARENDS, Council President APPROVED this ~_/,,,~ day of ,~,~..z~_, 2000. LYNN S. HORTON, Mayor ATTEST: KATHLEEN L. McCLUSKEY, City Clerk