HomeMy WebLinkAbout4290 ORDINANCE
AN ORDINANCE amending Bremerton Municipal Code Chapters 7.04,7.05,7.06, /-~ c/.~ 7
7.07 and 7.08.
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Amendment. Chapter 7.04 of the Bremerton Municipal Code is hereby
amended to read 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:
(e) "Dangerous dog" means any animal that according to the records of the animal
control authority (i) has :~'~:~'~'~ ....... :~:
.................. .j,,.., ,,.. snapped at, bitten, chased or attacked a
human being without provocation on public or private property under circumstances which
demonstrate the animal's aggressive nature or (ii) has killed or injured a domestic animal
without provocation while off the custodian's prope
"dangerous dog" does not include an animal that bites, attacks, or menaces a person, or
other animal that has attacked, teased, physically harmed, orinjured it.
(1) "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).
(-1-){m) "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.
(n) "Proper enclosure", unless othe~ise provid~ herein, m~s building, pen, or
other structure sui~ble to prevent the ent~ of ~imals or young children, to prevent the
~im~ from escaping, ~d to provide prot~tion from ~e elements.
~ "Trespassing" m~s ~y ~im~ which enters upon the prope~y of ~other
person, without ~e authofimtion of the lawful occup~t.
Section 2. ~en~ent. Chapter 7.05 of the Breme~on Municip~ Code is hereby
amend~ to rind as follows:
7.05.1~ COMPLAI~ FILING ~ I~TIGATION. ~e ~im~ consol
authority sh~l k~p r~rds relating to seizure, im~undment, violations, ~d compl~nts
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police officers or animal control officers shall investigate citizen complaints regarding
animals, issue citations for violation of this rifle, make initial determinations as to -~'~':~""
da~gefousr-~- dangerous dogs. Any citizen may request that a particular dog be declared
dangerous,,~ .... w,~-,~,,~-.~'~':~11'* x'~'~xlD~-'""~'J'n ......... 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.
7.05.200 VIOLATION o PENALTY. Unless another penalty is expressly provided
for, all acts, conduct, and events prohibited or declared unlawful in this Title shall constitute
civil infractions. The maximum civil penalty per day or portion thereof for each violation
is as follows:
a_. First Violation $35.00
b~ Second Violation for
same offense. $70.00
c_. Additional Violation for
same offense in excess
of two.. $100.00
Section 3. Amendment. Chapter 7.06 of the Bremerton Municipal Code is hereby
amended to read as follows:
7.06.100 DOG AND CAT LICENSES REQUIRED; VACCINATION. It is
unlawful for any person to own, or keep any dog or cat over the age of six (6) months within
the limits of the City, unless the person, firm, corporation, organization, or department has
procured a license therefore as provided in this chapter and has said dog or cat properly
vaccinated against rabies. Following a citation for failure to vaccinate a dog or cat as
provided for herein, the owner of said dog or cat shall have the animal vaccinated within
72 hours. Failure of the owner to have their dog or cat vaccinated within 72 hours shall
subject the owner to a civil fine of $100/per day for each day beyond 72 hours that the
proper vaccination has not been obtained.
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 keeper 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 hamess with
a current license attached. Dogs or cats without current license tags may be impounded.
Section 3. Amendment. Chapter 7.07 of the Bremerton Municipal Code is hereby
amended to read as follows:
I~/~'-I"ETI~F'I~IAI I V ~AXTt~-'D'Dt~T'fe g'~'O DANGEROUS DOGS
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
t-,-, ........ J -.,~.e, .....or dangerous he, the officer shall enter such declaration in his or her
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records and shall notify the custodian of such dog of that declaration in writing, informing
him the custodian of the applicable laws and ordinances. If the custodian is unknown, an
animal control officer shall make reasonable efforts to notify the custodian of his the
officer's written declaration. Such 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 declaredt---~,-.-,~,~-J~*~"*:~"" -,-,~.e,-,--,-,o '~ ........... --- 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 crime 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
dangerous may file a request within ten (10) days from the date of such notice for a hearing
before the hearing examiner of the City of Bremerton to contest such declaration under
procedures of B.M.C. 2.84. (Ord. 4207 §2, 1989).
7.07.300 FAILURE TO CONTROL A DOG DECLARED xT~t~Irl~NT~rqrATTVx.~a..I..~.t'~ .tala. aa.Lax
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DANGEROUS- r~r:r~T AD. ArI~It'-X~NT t~'l~'
(a) Misdem~or. After a dog is d~l~
~ .......~ d~gerous, the cust~i~ of~
~ the d~gerous dog sh~l be guilty of a misdem~or if such a dog ag~n (i) bites,
chases, or attacks a hum~ or a domestic ~im~ eider on public or private pro~y or (ii)
chases or approaches a ~rson upon ~e struts, sidewaY, or ~y other public grounds in
a menacing fashion or app~ent attitude of attack, or (iii) ~uses inju~ to or othe~ise
thr~tens the ~fety of hum~s or domestic ~im~s. This s~tion sh~l not prelude
imm~iate cfimin~ pros~ution under RCW 16.08.1~(3)in a first bite situation causing
severe inju~ or d~th of ~y hum~.
~ If ~y~.~,s.~.]--~*~"'1"11" .--.~..~.*~ ........... ~* d~gerous dog c~not be im~und~, such dog
may be sl~n by ~y police officer or ~im~ ~ntrol officer.
7.07.4~ ~GIST~ON ~QUI~D.
(a) The custodi~ of a dog d~l~ to be d~gerous sh~l register the dog within
*~;~",----j x~wtam fift~n (15). days of ~e d~l~afion with the animal control authority; it is a
misdem~or for a custodi~ to have a d~gerous dog within the City of Breme~on wi~out
a v~id ceaifi~te of registration in eff~t from the ~im~ control authority.
¢) The ~nu~ registration f~ for a d~gerous dog is $1~.~. This f~ is in addition
to the regul~ licensing f~s. ~e initi~ registration f~ sh~l be prorat~ according to the
number of months rem~ning in the regis~afion y~. A ceffificate may be renew~ without
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additional fee upon a custodian's change of address if he 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 ~.~,~. x-,-,/t~ n,. seven (7). · days of that
change.
7.07.425 REGISTRATION- GROUNDS FOR ISSUANCE. The animal control
officer shall issue a numbered certificate of registration to the custodian of a dangerous dog
if the custodian presents to h:~m 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 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 dog to ensure that the site is properly enclosed
and posted. Such inspection shall occur within ,~,;..,...,..~.~ ,.-',-'~"'~m twenty (20). . days of the animal
being declared dangerous. 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 dog and containing a provision that
the bond may not be canceled, 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
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insurance, in the amount of at least $50,000.00, insuring the
custodian for any personal injuries inflicted by the dangerous
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 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 REOUIRED. The CUstodian of any dangerous
dog shall provide a locked enclosure with sides six (6) feet high 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
not have visual access to a public right-of-way.
7.07.525 DANGEROUS DOGS CONFISCATION - CONDITIONS -
PENALTIES FOR CUSTODIANS OF DOGS WHICH AT'rACK.
(c) The custodian of any dog that aggressively attacks and causes severe injury or
death of any human, whether the dog has previously been declared --~'*~-"~. -~
oe dangerous, may be prosecuted pursuant to RCW 16.08.100(3). In addition, the 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.
7.07.600 NOTIFICATION - OTHER JURISDICTION.
(a) Any custodian of a dog that has been required to maintain a certification of
registration from another jurisdiction or whose dog has been declared potentially dangerous
or dangerous by another jurisdiction, is required to notify the animal control authority of
such facts within "';~--
..... 3 ~-',,J ten (10) days of the keeping the dog within the City so that the
officer may investigate and make a determination under this title.
· o o
7.07.700 SALE OF DOG OR TRANSFER OF CUSTODIANSHIP WITHIN CITY·
(a) Custodians of a dog that has been declared
r~, ........ ., dangerous who sell or
otherwise transfer the ownership, custody, or residence of the dog shall, within ten--(4~ five
...... g 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,
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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
v-, ........ ., dangerous and the terms and conditions of the
declaration. The custodian shall also provide the animal control authority with a copy of
the written notification which shall contain a notarized statement by the new custodian
acknowledging receipt of the original notification.
7.07.800 MUZZLE REQUIREMENT. It shall be unlawful for the custodian of a
dangerous 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, regardless of the filing of an appeal, unless and until a superior
court reverses the classification.
7.07.850 TATTOO REQUIRED. The owner 0fa dangerous dog shall, 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.
7.07.900
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Upon confiscation pending the outcome of the criminal violations, the custodian will be
responsible for all impound and kennel fees incurred.
Section 4. Amendment. Chapter 7.08 of the Bremerton Municipal Code is hereby
amended to read as follows:
7.08.010 MAXIMUM NUMBER OF HOUSEHOLD PETS. The following
requirements shall apply to the raising and keeping of all household pets:
~.l The maximum number of household pets permitted to be kept in
conjunction with each permitted dwelling is as follows;
~ Not more than the accumulative total of four of the following:
i_. Dogs and cats and ferrets over the age of six months.
ii.~. Rabbits and similar animals over the age of three months
iii. Pigeons over the age of three months except the keeping of
show or performing pigeons.
(2) Up to twice the number of household pets allowed under this section
shall
be allowed on lots once acre or larger in size.
(b) Unlimited numbers of mice, parakeets, and other similar exotic birds, fish, and
other similar animals may be kept.
7.08.050 OUTDOOR FACILITIES FOR CONFINED PETS. Any dog or other
confined household pet kept outdoors for more than six hours at one time must be provided
with water and a moisture proof and windproof shelter that allows the animal to turn
around freely and to easily sit, stand and lie in a normal position, keeps the animal clean,
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dry, comfortable and restricts the entrance of other animals.
7.08.100 NUISANCES. The following acts are prohibited and will constitute public
nuisances:
(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 private property of
(1) 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, ~xtreme 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.
7.08.200 ABATEMENT-IMPOUNDMENT. To abate a nuisance defined above, or
to rescue an animal from cruel treatment as defined in BMC 7.08.600, an animal control
officer may:
(b) If the animal does not present a clear and present threat to the public pace,
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health, and safety, post notice to abate the nuisance upon any property wherein an animal
which constitutes a nuisance is harbored. If .'~, rc~,p,vn~e ~ .................. the nuisance
is not abated within twenty four (24) hours, the animal shall be detained at the City animal
kennel.
(c) 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.
7.08.300 IMPOUNDMENT -NOTICE TO CUSTODIAN -REDEMPTION.
(a) If any animal is detained under BMC 7.08.200 hereof, the animal control officer
shall deliver such animal to the animal shelter where the officer shall ascertain whether they
are diseased. If the animal is licensed, the animal control officers shall notify the custodian
within a reasonable time, not to exceed forty-eight (48) hours, by posting notice on the
property, and shall make reasonable efforts to contact the custodian, by telephone, that the
animal has been impounded and may be redeemed. Any animal impounded pursuant to this
code shall be held for the custodian for seventy-two (72) hours by the impounding agency.
(b) Any animal suffering from serious injury or disease may be humanely destroyed
at any time, in the discretion of the impounding authority, or may be held for a longer
period than that provided for by 7.08.300(a) and redeemed by any person on payment of
charges not exceeding those described in this chapter.
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(e) No detained animal shall be released to the custodian until all applicable fees
are paid and license obtained
tc, ^,,b'~oSn a lieen;¢. The officer shall allow five (5) days for the custodian to show proof of
rabies vaccination following release if the animal is not currently immunized. Failure to
submit such proof to the animal control officer shall subject the custodian to the penalties
provided for in BMC 7.06.100. Anyone claiming a detained animal must prove
custodianship or provide written authorization from the custodian to claim the animal, to
the satisfaction of the animal control authority before redeeming the animal.
7.08.650 DUTY TO REPORT ANIMAL STRICKEN WITH MOTOR VEHICLE
When, as the operator of a motor vehicle, a person strikes a domestic animal; it shall
constitute a misdemeanor for said person to fail to report the death of the animal stricken
to its owner or, in the event that the owner cannot be ascertained and located, to the City
Animal Control or Police Department.
APPROVED by the City Council of the City of Bremerton this ~ day of
PASSED by the City Council of the City of Bremerton this .~ day of
L~NN HOR~TON, Council President
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LOUIS MENTOR, Mayor
\\
ATTEST:
KATHLEEN cCLUSKE~
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, :_~BLtCATION DATE
ORDINANCE NU[~EER