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HomeMy WebLinkAbout4207 ORDI~~. 4207 SUMMARY OF ANIMAL CONTROL ORDINANCE The proposed Animal Control Ordinance incorporates numerous changes from the current ordinance. The main areas of change are: 1. Potentially Danqerous/Dangerous Dogs: The current ordinance addresses the issue of dangerous animals through reference to vicious animals. Presently it is unlawful to own "an animal which bites, claws or otherwise harms a human being or another animal or which demonstrates menacing behaviour .... " The definition is too broad and has been found unconstitutional. Furthermore, the ownership of such an animal constitutes a misdemeanor regardless of the severity of the "harm" inflicted. The proposed ordinance will allow for closer supervision by the City, yet it will not be so broad that the ordinance is unenforceable. Under the proposed statute, dogs may be declared dangerous or potentially dangerous. (Owners of such dogs may request hearings to contest such classification). The owner of such a dog will have a greater duty to control the dog and will be held liable for failure to comply. Owners of "dangerous dogs" will have to be registered. Before registration is granted, owners shall have to show compliance with obligations including suitable enclosures, insurance, and sign posting as set forth. There will be restrictions before the sale or transfer of dangerous dogs, to ensure the new owner would is in compliance with dangerous dog requirements. 2. Nuisances: Many of the nuisances set forth in the current BMC will remain, with some changes including: (a) Certain animals, for example lions, tigers, gorillas, wolves, and venomous animals will be prohibited. This was not contemplated in the current BMC and is needed for the safety of the public. (b) The current prohibition against the sale of sick or injured animals without notification will be excluded from the proposed ordinance. This requirement encroaches upon contract/sales issues and need not be addressed in the animal statute itself. 3. Livestock and Fowl: (a) There is no change to the limit of one livestock and six fowl per acre of land except that where livestock and fowl have been legally maintained on smaller parcels, the use may continue on a non-conforming use. (b) The proposal permits owners to maintain livestock and fowl to within 200 feet of shorelines if granted a special use permit. This allows for greater permissiveness if special circumstances exist which mitigate environmental pollution. (c) The present ordinance requires fencing in compliance with RCW 16.60.010. This is not adequate to contain all livestock and fowl. The proposed change requires a "proper enclosure." (d) The current statute prohibits livestock from entering bodies of water. This is redundant as the ordinance prohibits livestock and fowl within 500 feet of shorelines. 4. Animal Control Officers' Riqht of Entry and Inspection: This has been altered to comply with search and seizure law. Permission by the owner or a valid search warrant will be required. 5. Pet Shops and Kennels: Business licensing requirements and inspection of this establishments will not longer be addressed in the animal control statute, but will be addressed in the business license provisions of BMC Title 5. A copy of the complete text of this Ordinance is available in the City Clerk's office upon request. APPROVED this day of Q"~'[ 9 ATTEST: KAS~.~N L. McCLUSKEY, City Clerk ORDINANCE ORDIN CE NO. AN ORDINANCE repealing Title 7 of the Bremerton Municipal ~%%~ Code relating to Animals and Fowl and replacing with a new chapter. THE CITY OF BREMERTON DOES HEREBY ORDAIN= SECTION 1: Title 7 of the Bremerton Municipal Code, Animals and Fowl, is hereby repealed. SECTION 2= A new Title, B.M.C. 7, ANIMALS AND FOWL, is hereby created to read as follows: 7.04 GENERAL PROVISIONS 7.04.100 PURPOSE AND POLICY. (a) It is the purpose of this title to control hazards caused by animals for the safety and welfare of the public and to prevent cruelty to animals by establishing standards of control; provided, notwithstanding anything in this title to the contrary, this title establishes duties owed to the public as a whole and not any duties to protect any person or clan of persons. (b) It is the specific intent of this title to place the obligation of complying with its requirements upon the custodians of animals. (c) Nothing contained in this title is intended to be, nor shall be construed to create or form, the basis for any liability on the part of the City or its officers, employees, or agents for any injury or damage resulting from the failure of any person to comply with the terms of this title, or by reason or in consequence of any omission committed in connection with the implementation or enforcement of this title on the part of the City, its officers, employees, or agents. (d) Animals owned by the Bremerton Police Department and used to assist in law enforcement and the carrying out of its duties shall be exempt from the provisions of this title. 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) "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. (c) "At large" or "running at large" means to be off the premises of the custodian and not restrained by the custodian or of a person authorized by the custodian, whether by leash or otherwise. (d) "Custodian" means a person who owns, keeps, harbors, or maintains an animal. (e) "Dangerous dog" means any animal that according to the records of the animal control authority (i) has inflicted severe injury on a human being without provocation on public or private property; (ii) has killed a domestic animal without provocation while off the custodian's property; or (iii) has been previously found to be potentially dangerous, the custodian having received notice of such and the dog again aggresivly bites, attacks, or endangers the safety of humans or domestic animals. The term "dangerous dog" does not include an animal that bites, attacks, or menaces a person, or other animal that has attacked, physically harmed, or injured it. (f) "Detain" means to place an animal in custody. (g) "Disposed of in a humane manner" means euthanized by a lethal dose of sodium pentobarbital. (h) "Domestic animal" means any animal, except livestock, commonly kept as a household pet which lives and breeds in a tame condition. (i) "Fowl" includes chickens, roosters, geese, and ducks. (j) "Harboring" means feeding, sheltering or confining for more than 24 hours on the property one owns, occupies, or controls. (k) "Holding period" 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. (1) "Leash" includes a cord, thong, or chain not more than eight feet (8') in length by which an animal is controlled by the person accompanying it. (m) "Potentially dangerous dog" means any dog that when unprovoked (i) bites a human or animal either on public or private property; or (ii) chases or approaches a person upon the streets, sidewalks, or any public grounds or private property in a menacing fashion, or (iii) attacks humans, livestock, or domestic animals on public or private property. The term "potentially dangerous dog" does not include a dog that bites, attacks, or menaces a person or another animal that has attacked, harmed, or hurt it. (n) "Proper enclosure" means building, pen, or other structure suitable to prevent the entry of young children, to prevent the animal from escaping, and to provide protection from the elements. (o) "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. (p) "Trespassing" means any animal which enters upon the property of another person, without the authorization of the lawful occupant. 7.05 ADMINISTRATION 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 potentially dangerous, and dangerous dogs. Bremerton police officers or animal control officers shall investigate citizen complaints regarding animals, issue citations for violation of this title, make initial determinations as to potentially dangerous, and dangerous dogs. Any citizen may request that a particular dog be declared dangerous, or potentially dangerous by 3 filing an affidavit or certified statement setting forth all pertinent known information about such animal with the police department. 7.05.200 VIOLATION - PENALTY. Unless another penalty is expressly provided for, all acts, conduct, and events prohibited or declared unlawful in this Title shall constitute civil infractions. 7.06 DOG AND CAT LICENSING 7.06.100 DOG AND CAT LICENSES REQUIRED. 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 therefor as provided in this Chapter. 7.06.200 LICENSE FEE. Animal license fees for dogs and cats shall be established or amended by City Council resolution. Provided, that licenses and tags shall be provided free of charge by the City to guide dogs used to assist blind persons; to dogs being currently trained for such purpose in a school or program approved or accredited by a professional organization or association. Licensing agents, in writing such licenses, shall insert the words "guide dog" in the space allotted for, and in place of, a stated fee. 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 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. The tag shall bear the name of Bremerton, Washington, a serial number corresponding with the number of the license, and the date of expiration. Every dog and cat shall be required to wear a collar with a current license attached. Dogs or cats without current license tags may be impounded. 4 7.06.400 LICENSE RENEWAL. Ail dog and cat 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 in addition to the regular fee pursuant to 7.06.200; provided, the applicant shall not pay the penalty fee if: (a) The owner has been a resident of the City for thirty (30) days or less, or (b) The owner has owned, kept, or maintained the dog or cat for thirty (30) days or less. 7.06.500 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. 7.06.600 LOST TAGS. Lost tags may be replaced by a substitute identification tag upon payment of One Dollar ($1.00) to the City Treasurer or animal control authority. 7.06.700 UNLAWFUL TO REMOVE LICENSE TAG. It is unlawful for any person, other than the owner, to remove a license tag from any dog or cat licensed under the provisions of this chapter. 7.07 POTENTIALLY DANGEROUS OR DANGEROUS DOGS. 7.07.100 DECLARATION AND NOTICE. Whenever the animal control officer determines, by his records or upon investigation, that a dog should be classified as potentially dangerous or dangerous he shall enter such declaration in his records and shall notify the custodian of such dog of that declaration in writing, informing him 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 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 declared potentially dangerous or 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, or was attacking or harming the dog, or has in the past been observed to have attacked or harmed the dog. 7.07.200 HEARING. The custodian of a dog declared potentially dangerous or 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. 7.07.300 FAILURE TO CONTROL A DOG DECLARED POTENTIALLY DANGEROUS - DECLARATION OF DOG AS DANGEROUS. (a) Misdemeanor. After a dog is declared potentially dangerous, the custodian of a potentially dangerous dog shall be guilty of a misdemeanor if such a dog again (i) bites 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. This section shall not preclude immediate criminal prosecution under RCW 16.08.100(3) in a first bite situation causing severe injury or death of any human. (b) Declaration of a dog as dangerous. If the custodian of a potentially dangerous dog is found guilty of violating subsection 7.07.300(a), the court shall make a further determination as to whether the dog should be declared dangerous. (c) If any potentially dangerous or dangerous dog cannot be impounded, such dog may be slain by any police officer or animal control officer. 7.07.400 REGISTRATION REQUIRED. (a) The custodian of a dog declared to be dangerous shall register the dog within thirty (30) days of the declaration thereafter; it is a misdemeanor for a custodian to have a dangerous 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 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 he 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 ten (10) days of that change. 7.07.425 REGISTRATION - GROUNDS FOR ISSUANCE. The animal control officer shall issue a certificate of registration to the custodian of a dangerous dog if the custodian presents to him 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. 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 thirty (30) 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: i. 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 cancelled, terminated, or allowed to lapse without ten (10) days prior written notice to the animal control authority; or ii. 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. 7.07.450 REGISTRATION - NOT TRANSFERABLE. Any certificate of registration issued under this chapter is specific to the individual dog for which it is issued and to the custodian to whom it is issued. The certificate is non-transferable to any other dog or custodian. 7.07.475 REGISTRATION - RENEWAL. Registration must be renewed on an annual basis in compliance with B.M.C. 7.07.425. 7.07.500 REGISTRATION - WHEN VALID. (a) A certificate of registration issued under this chapter is valid during such period of time as: 1. A proper enclosure for the dog is maintained; 2. The premises are posted as required under 7.07.425; 3. The bond or insurance required under 7.07.425 is in effect; and 4. The dog is maintained at the same address under the same custodian. (b) Any certificate of registration issued under this chapter is void and a new certificate may not be obtained if any custodian, is convicted two or more times of failing to maintain a proper enclosure, posting, or bond, or insurance on any dog (s) required to be registered under this chapter. 7.07.525 DANGEROUS DOGS - CONFISCATION - CONDITIONS - PENALTIES FOR CUSTODIANS OF DOGS WHICH ATTACK. (1) Any dangerous dog shall be immediately confiscated by an animal control officer if the: (a) Dog is not validly registered under this chapter; (b) custodian does not secure the liability insurance coverage required under this chapter; (c) dog is not maintained in the proper enclosure; (d) dog is outside of the dwelling of the custodian, or outside of the proper enclosure and not under physical restraint of the responsible person. In addition, the custodian shall be guilty of a gross misdemeanor. (2) 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 the proper length of time, and thereafter destroyed in an expeditious and humane manner. (3) The custodian of any dog that aggressively attacks and causes severe injury or death of any human, whether the dog has previously been declared potentially dangerous or 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 the proper length of time, and thereafter destroyed in an expeditious and humane manner. 7.07.600 NOTIFICATION - OTHER JURISDICTIONS. (a) Any custodian of a dog that has been required to maintain a certificate 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 thirty (30) days of the keeping the dog within the City so that the officer may investigate and make a determination as to the classification of such dog under this title. (b) Any custodian of a dog registered or required to be registered under this chapter shall notify the animal control officer of their new address upon moving, whether such address is within or without the City. 7.07.700 SALE OF DOG OR TRANSFER OF CUSTODIANSHIP WITHIN CITY. 9 (a) Custodians of a dog that has been declared potentially dangerous who sell or otherwise transfer the ownership, custody, or residence of the dog shall, within ten (10) working 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 potentially 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. (b) No person shall sell, give, barter, or in any other way transfer ownership of a dangerous dog required to be registered pursuant to B.M.C. 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 dog to permit it outside of its proper enclosure unless muzzled and restrained by a substantial chain or leash 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 reverse the classification. 7.07.850 IDENTIFICATION PHOTOGRAPHS. All custodians of dangerous dogs must, wtihin twenty (20) days of such 10 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. 7.07.900 CONFISCATION. In addition to citing the custodian for violation of this chapter, the animal control officer shall immediately confiscate any dangerous dog if: (a) The dog is not validly registered under Section 7.07.400; (b) The custodian does not secure the liability insurance or bond required under this chapter; (c) The dog is not maintained in the proper enclosure; (d) The dog is outside the dwelling of the custodian or proper enclosure and not under muzzle and restraint by a responsible person; or (e) The dog attacks or bites a person or domestic animal. Complaints shall not be filed under this chapter if the conduct is punishable as a felony under RCW 16.08.100, which conduct shall be prosecuted solely under state law. Upon confiscation pending the outcome of the criminal violation, the custodian will be responsible for all impound and kennel fees incurred. 7.09 ANIMAL CARE AND CONTROL. 7.09.100 NUISANCES. The following acts are prohibited and will constitute public nuisances: (a) Animals at Larqe: 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, 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 7.09.300. 11 (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 drink at any public or common watering 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 veterinarian. (c) Failure to Confine Cat or Doq 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) Damage 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, Chasing, Attacking: To cause, permit or allow such animal to bite, chase, or attack personsn or other animals. Violation of this section shall be a misdemeanor. (i) Harassing: To cause, permit, or allow such animal to chase or run after vehicles, bicycles or pedestrians using the public streets and/or alleys. 12 (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 another. (k) Animals Prohibited: For a person to keep any lion, tiger, bear, chimpanzee, gorilla, cougar, swine, mountain lion, badger, wolf, coyote, fox, lynx, or venomous or constricting reptiles. Provided, that circuses are exempt from this regulation if a license is obtained pursuant to B.M.C. 5.36.010. 7.09.200 ABATEMENT. To abate a nuisance defined above, an animal control officer may: (a) If the animal, 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 (b) 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 no response is made to the notice within twenty-four (24) hours, the animal shall be detained at the city animal kennel. 7.09.300 IMPOUNDMENT - NOTICE TO CUSTODIAN - REDEMPTION. (a) If any animal is detained under Section .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 and 13 redeemed by any person on payment of charges not exceeding those described in this chapter. (c) In case any animal is not redeemed, it shall be humanely destroyed by euthanasia or made available for adoption by one not the animal's custodian. (d) Custodians of animals impounded shall be assessed an impound fee and daily boarding fee. Failure of the custodian to pay such fees within ten (10) days after notice and demand shall be in violation of this chapter and shall be liable for any costs, including reasonable attorney fees incurred by the City to collect such fees. (e) No detained animal shall be released to the custodian until all applicable fees are paid and license obtained. However, the officer may allow the custodian seven (7) days to obtain a license. 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. (f) A kennel fee for every twenty-four (24) hour period or part thereof commencing at the close of business on the day the animal is detained, shall be charged to the custodian or other authorized person claiming the animal for the care and feeding of the animal. If an animal custodian declines to pick up his animal from the City's impound facility, the custodian nevertheless remains responsible for impound and kennel fees incurred by the animal. (g) Kennel fees and impoundment fees shall be set by Council Resolution. 7.09.400 RIGHT OF ENTRY AND INSPECTION. Police officers or animal control officers shall not enter a building designated for and used for private pruposes unless given permission to do so by the owner of the building and/or the person in immediate control of the building; provided, however, that a police officer or animal control officer may enter a building designated and used for 14 private purposes if he or she is in possession of a proper warrant that has been issued by a magistrate upon showing that the officer has probable cause to believe an animal is being maintained in the building in violation of this chapter. 7.09.500 ADOPTION. (a) Strays and abandoned animals, following the holding period, and animals voluntarily surrendered to the animal control authority, shall become the property of the City. (b) No warranty, express or implied, shall be made with respect to any animal adopted. 7.09.600 CRUELTY TO ANIMALS. It shall constitute a misdemeanor for any person to: (a) Injure, kill, or physically harm any animal except as it is expressly permitted by law. (b) Abandon any animal that is owned/kept by that person. (c) Lay out, expose, or leave exposed any kind of poison or poisonous food or drink where accessible to an animal; provided, that nothing shall prevent the reasonable use of rodent poison, pesticides or fungicides for their intended purposes; and provided further, that nothing in this subsection shall prohibit any government agency from acting in the course of its governmental duties. (d) Set out or bait any trap unless directed by the Department of Wildlife or Animal Control to do so; provided, no permit is required to trap rodents and moles. (e) Confine, without adequate ventilation, any animal in any box, container, or vehicle. (f) Leave an animal for over four (4) hours in a vehicle. (g) Provoke any animal with the intent to cause fear or anger. (h) Tether or confine any animal in such a manner or in such a place as to cause injury or to endanger an animal. (i) Fail to provide sufficient food, water, shelter, or ventilation necessary so as to endanger the life or safety of that animal. 15 (j) Permit any animal to fight or injure any other animal or to train or keep for the purpose of training any animal for fighting with any other animal, or permit such conduct on premises under his/her control. (k) Possess cockspurs, slashers, gaffs, or other tools, equipment, devices, or training facilities for the purpose of training and/or engaging an animal in fighting with another animal. 7.09.700 MAINTAINING LIVESTOCK AND FOWL. (a) It shall constitute a civil infraction to maintain livestock or fowl on property within the City limits if the conditions of this section are not met. (b) One livestock animal and up to six fowl may be kept per one acre of land. Where livestock or fowl have been legally maintained on smaller parcels, the use may continue as a non- conforming use subject to regulations of such uses set forth in the City Zoning Code. (c) The following conditions must also be followed: (i) A proper enclosure must be provided. (ii) Must not be kept within 250 feet of other residences. (iii) Are not allowed within 500 feet of shorelines as defined in the State Shorelines Management Act; provided, livestock may be maintained to within 200 feet if a special use permit is granted by the Planning Commission because of special circumstances regarding the topography, soils, drainage patterns, berms, or other drainage collection improvements which mitigate environmental impacts. Permits will be subject to continual review and may be modified or revoked upon submittal of documentation from the Bremerton/Kitsap County Health Department that surface water pollution may be resulting from animals maintained pursuant to the permit. 7.09.800 BITING ANIMALS - QUARANTINE. Any animal that bites or otherwise breaks the skin of any person, regardless of whether that person is on public or private property, shall be impounded and quarantined for at least ten (10) days to determine whether the 16 animal is infected with any disease that may have been transmitted to the victim. Dogs may be quarantined at a veterinary hospital, at the city animal kennel, or at the home of the custodian if the animal control officer determines that the dog can be properly quarantined at the residence of the custodian. Proper ~arantine at the custodian's residence means inside the residence or inside a properly enclosed area. Any animal which bites or otherwise breaks the skin of any person and has been declared dangerous may be destroyed after the ten day quarantine. APPROVED by the City Council on the first reading this ~ day of )' ~ '~i/ , 1989. PASSED by th~ City Council of the Ci~ of Bremerton this /C~ ~esident, '~i~y C~ncil APPROVED this /3- day of ~ ~zf , 1989. E, ~ayo~ ATTEST: ~THLEEN L. McCLUSKEY, Clerk 17