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HomeMy WebLinkAbout4331 ORDINANCE NO. AN ORDINANCE of the City of Bremerton amending Bremerton Municipal Code Chapters 7.04 and 7.08. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Section 7.04.200 is amended to read as follows: 7.04.200DEFINITION. As used in this title, except where a different meaning is plainly apparent from the context, the following definitions apply: (c) "At large" or "running at large" means to be off the premises of the custodian and not physically restrained by the custodian or of b_~ a person authorized by the custodian,- Section 2. Amendment. Section 7.08.100 is amended to read as follows: 7.08.100 NUISANCES. The following acts are prohibited and will constitute public nuisances: (a) Animals at Large: 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 private 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 1 animal not under the physical control of another or restrained by a leash shall be permitted upon the private property of another with that person's permission. Section 3. Amendment. Section 7.08.200 is amended to read as follows: 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: ~ If the animal is determined by the Animal Control Officer to be a "dangerous dog" as that term is defined in 7.04.200(e) 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 dangerousness and the Hearing Examiner rules that the "dangerous dog" determination was made in error. (2) If the custodian does not request the heating provided for by 7.07.200 or if such hearing 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 willbe 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 fifteen (15) days of the Hearing Examiner's decision, the animal may be immediately destroyed. (3) If the custodian neither appeals the Animal Control Officer's "dangerous dog" determination nor shows proof that he or she has met the requirements for keeping a dangerous dog in the City within fifteen (15) days of the declaration of dangerousness the animal may thereafter be immediately destroyed. Section 4. Effective Date. This ordinance shall become effective ten (10)days from passage and publication. APPROVED by the City Council of the City of Bremerton this / ~--. day of ? -;~ 1991. PASSED by the City Council of the City of Bremerton this / ~' day of x,~ ,~.r.'~ ,1991. LYNN HORTON, Council President APPROVED this Y ~ d.a~of ~ ~ at t'~-tggl. LOUIS MENTOR, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk