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HomeMy WebLinkAbout3745 AN ORDINANCE relating to animal control, its enforcement, penalties and procedures, and repealing Ordinance Nos. 1933, 2457, 2458, 3230, 3231, 3160, 3342, 3379 ,~65~, 3644, 3440, 3325, 3309, 1122 THE CITY OF BREMERTON DOES ORDAIN: SECTION 1: GENERAL PROVISIONS Purpose: It is declared the policy of the City of Brem- erton to determine and maintain such levels of animal control as will protect human health and safety, and to the greatest degree practicable prevent injury to property and cruelty to animal life. To this end, it is the purpose of this chapter to control errant animal behavior so that it shall not become a public nuisance and to prevent cruelty to animals. SECTION 2: DEFINITIONS. In construing the provisions of this chapter, except where otherwise plainly declared or clearly apparent from the context, words used herein shall be given their common and ordin- ary meaning; in addition, the following definitions shall apply: A. "Adult dog" is one of either sex, altered or unal- tered, that has reached the age of six (6) months. B. "Animal control authority" means the person, firm, corporation, organization or department charged with enforcing the animal control ordinance, including licensing of animals. Employees or agents of the animal control authority shall be des- ignated animal control officers. C. "Domesticated animal" means those domestic beasts as any dog, cat, rabbit, horse, mule, ass, bovine animal, llama, lamb, goat, sheep, swine, chicken, duck, goose, turkey or pigeon, or other animal made to be domestic. --1-- D. "Kennel" means a place where four or more adult dogs or cats, or any combination thereof, are kept, whether by owners of the dogs or cats, or persons providing facilities and care whether or not for compensation, but to include a small ani- mal hospital, clinic or pet show. E. "Livestock" means horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules, llamas, chickens, ducks, geese and/or turkey. F. "Owner" means any person, firm, corporation, reor- ganization or department having an interest in, or having con- trol, custody or possession of any animal, or by reason of the animal being seen residing consistently at a location shall be presumed to be the owner. G. "Packs of dogs" means a group of three (3) or more dogs running upon either public or private property not that of its owner in a state in which either its control or ownership is in doubt or cannot be readily ascertained, and when such dogs are not restrained or controlled. H. "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity. I. "Running at large" means to be off the premises of the owner and not under the control of the owner or competent person authorized by the owner over fifteen (15) years of age, either by leash or verbal and/or signal control. J. "Under control" means the animal is under voice and/or signal control so as to be thereby restrained from ap- proaching any bystander or other animal and from causing or being the cause of physical property damage when off of a leash or off the premises of the owner. -2- K. "Vicious" means the propensity to do any act that might endanger the safety of any person, animal, or property of another, including but not limited to, a disposition to mischief or fierceness as might occasionally lead to attack on human be- ings without provocation, whether in play or outbreak of un- trained nature. SECTION 3: ENFORCEMENT POWER. A. The director of the animal control authority and designated animal control officers are authorized to take such lawful action as may be required to enforce the provisions of this chapter, as they pertain to the keeping of animals, animal cruelty, shelter, welfare and enforcement of control. B. The director of the animal control authority or authorized animal control officer shall not enter a building des- ignated for and used for private purposes, unless a proper war- rant has first been issued upon a showing that the officer has reasonable cause to believe an animal is being maintained in the building in violation of this chapter; provided, that the direc- tor of the animal control authority and authorized animal control officers, while pursuing or observing any animal in violation of this chapter, may enter upon any public or private property, ex- cept any building designated for and used for private purposes, for the purpose of abating the animal violation being pursued or observed. B. No person shall deny, prevent, obstruct or attempt to deny, prevent or obstruct an officer from pursuing any animal observed to be in violation of this chapter. Further, no person shall fail or neglect, after a proper warrant has been presented, to promptly permit the director or the authorized animal control officer to enter private property to perform any duty imposed by this chapter. Any person violating this subsection is guilty of a misdemeanor. --3-- SECTION 4: NUISANCES DEFINED. For purposes of this ordinance, nuisances are viola- tions of this chapter and are defined as follows: A. Any domesticated animal, whether licensed or not, which runs at large in any park, or enters any public beach, pond, fountain or stream therein, or enters upon any public playground or school ground or in any public building. Provided, that this section shall not prohibit a person from walking or exercising an animal in a public park or on a public beach when such animal is on leash, or under control by a competent person, and proper safeguards are taken to protect the public and prop- erty from injury or damage from the animal. B. A female domesticated animal whether licensed or not, while in heat, which is not in an enclosed building so as to make the animal inaccessible to other animals for purposes other than controlled and planned breeding; C. Any domesticated animal which chases, runs after, or jumps at vehicles using the public streets and alleys; D. Any domesticated animal which habitually snaps, growls, snarls, jumps upon or otherwise threatens persons lawful- ly using the public sidewalks, streets, alleys, or other public ways; E. Any animal which has exhibited vicious propensities and which constitutes a danger to the safety of persons or proper- ty off his premises or lawfully on his premises; F. A vicious animal or animal with vicious propensi- ties which runs at large at any time; G. Any domesticated animal which howls, yelps, whines, barks, or makes other oral noises, in such a manner as to disturb any person or neighborhood to an unreasonable degree; -4- H. Animals staked, tethered, or kept on public proper- ty without prior written consent of the city animal control auth- ority; I. Animals kept, harbored, or maintained and known to have a contagious disease unless under the treatment of a li- censed veterinarian; J. Animals running in packs. K. Any animal which trespasses on private or public property so as to damage or destroy any property or thing of value; L. Any stray animal running at large in the city. For the purpose of this section, "Stray animal" means any animal loi- tering in a neighborhood or public place without an apparent owner or home, or any dog running at large in the city between the hours of nine p.m. and six a.m. of the following day. SECTION 5: CRUELTY TO ANIMALS - UNLAWFUL ACTS DESIG- NATED. It is unlawful for any person to: A. Willfully and cruelly injure or kill any animal by any means causing it fright or pain; B. By reason of neglect or intent to cause or allow any animal to endure pain, suffering or injury or to fail or neg- lect to aid or attempt alleviation of pain, suffering or injury he has so caused to any animal; C. Lay out or expose any kind of poison, or to leave exposed any poison food or drink for man, animal or fowl, or any substance or fluid whatever whereon or wherein there is or shall be deposited or mingled, any kind of poison or poisonous or dead- ly substance or fluid whatever, on any premises, or in any unen- closed place, or to aid or abet any person in so doing, unless in accordance with the provisions of RCW 16.52.190; -5- D. Abandon any domestic animal by dropping off or leav- ing such animal on the street, road or highway, or in any other public place, or on the private property of another. SECTION 6: KEEPING OF LIVESTOCK UNLAWFUL. It is unlawful for any person to keep or maintain any livestock, as defined by this ordinance, within the city limits; provided, that one such animal may be kept per one (1) acre of land if the animal does not violate any other provision of this ordinance. SECTION 7: QUARANTINE. Any animal that bites or otherwise breaks the skin of any person, regardless of whether that person be on public or private property, shall be impounded and quarantined for at least ten (10) days, to determine whether the animal is infected with any disease that may have been transmitted to the victim. If approved by the animal control authority, the owner or keeper may quarantine the animal on his/her premises. It is a violation of this ordinance to refuse to quarantine an animal which has broken the skin of any person. Kennel fees for the quarantine period are to be paid by the owner of the animal, and release of the animal is conditioned upon payment of these fees. SECTION 8: IMPOUNDING. A. All impounding of animals, as provided in this or- dinance, shall be done by the animal control authority, or by designated animal control officers. Animals shall be impounded in the city's impound facility. B. Any animal found doing any act defined as a public nuisance, and/or being subjected to cruel treatment as defined by law, may be apprehended. After such animals are apprehended, the animal control authority shall ascertain whether they are li- censed, or otherwise identifiable and if reasonably possible, the --6-- animal control authority shall notify the owner within a reason- able time by certified mail or telephone that the animal has been impounded and may be redeemed. Any animal impounded pursuant to this chapter shall be held for the owner at least seventy-two hours, after his receipt of notification by certified mail or by telephone from the impounding agency. C. Any animal suffering from serious injury or disease may be humanely destroyed, or, in the discretion of the impound- ing authority, may be held for a longer period and redeemed by any person on payment of charges not exceeding those prescribed herein. D. Any animal not redeemed shall be treated in one of the following ways: 1) Humanely destroyed by euthanasia; 2) Made available for adoption by one not the animal's owner. SECTION 9: REDEMPTION. Any animal impounded pursuant to the provisions of Sec- tion 8 may be redeemed upon payment of the redemption fee as pro- vided herein. The redemption fee for dogs and cats shall be Twen- ty Five Dollars ($25.00) for each such dog or cat, plus an addi- tional fee of Five Dollars ($5.00) for each twenty-four (24) hour period, or portion thereof, during which such dog or cat is re- tained by the impounding agency and shall be made payable to the City Treasurer, or animal control authority. SECTION 10: VIOLATIONS - CIVIL PENALTY. Any person who violates any provision of this ordinance shall incur a civil penalty. The penalty for the first violation shall be Two Hundred Dollars ($200.00), of which penalty Fifty Dollars ($50.00) shall not be suspended or deferred. The penalty for a subsequent violation of the same section of this ordinance shall be Two Hundred Fifty Dollars ($250.00), of which penalty --7-- One Hundred Dollars ($100.00) shall not be suspended or deferred. For each violation of a continuing nature, each day shall constitute a separate offense. A notice of infraction may be issued by the animal control authority. SECTION 11: VIOLATIONS - ABATEMENT. Any person violating any of the provisions of this or- dinance in the keeping or maintenance of any nuisance as defined in this ordinance may, in addition to the penalty provided for in Section 10, be ordered, by the court in such action, to forthwith abate and remove such nuisance. In the case of a dog which has twice been found to be a vicious animal by reason of its biting a person, the dog shall be ordered disposed of in a humane manner. If the same is not done by the owner or keeper within twenty four (24) hours, the same shall be abated and removed under the direc- tion of any officer authorized by the order of the court. If a person who has been issued a notice of infraction, as provided in Section 12 herein, elects not to request a hearing, the City of Bremerton may request a hearing for the purpose of determining whether an order of abatement should issue. When a nuisance has been abated by any officer or au- thorized agent of the city, the costs and expenses shall be taxed as part of the costs of the action against the party. In all cases where an officer is authorized by the court to abate any such nuisance, he shall keep an account of all expenses attending such abatement. In addition to other powers herein given to col- lect such costs and expense, the City may bring suit for the same in any court of competent jurisdiction against the person keeping or maintaining the nuisance so abated. SECTION 12: NOTICE OF INFRACTION. -8- A. A notice of infraction represents a determination that a violation has been committed. The determination will be final unless contested as provided in this ordinance. B. A Washington Uniform Court Docket Citation may be used as the form for the notice of infraction and shall include the following: 1) A statement that the notice represents a deter- mination that an infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this ordinance; 2) A statement that an infraction is a non- criminal offense for which imprisonment may not be imposed as a sanction; 3) A statement of the specific infraction for which the notice was issued; 4) A statement of the monetary penalty established for the infraction; 5) A statement of the options provided in this ordinance for responding to the notice and the procedures necessary to exercise these options; 6) A statement that at any hearing to contest the determination the city has the burden of proving, by a preponder- ance of the evidence, that an infraction was committed; and that the person may subpoena witnesses including the officer who is- sued the notice of infraction; 7) A statement that at any hearing requested for the purpose of examining mitigating circumstances surrounding the commission of the infraction the person will be deemed to have committed the infraction and may not subpoena witnesses; 8) A statement, which the person shall sign, that the person promises to respond to the notice of infraction in one of the ways provided in this ordinance; --9-- 9) A statement that failure to respond to a notice of infraction as promised is a misdemeanor and may be punished by a fine or imprisonment in jail. SECTION 13: CONTESTING DETERMINATION OF INFRAC- TION. A. Any person who receives a notice of infraction under this ordinance shall respond to such notice as provided in this section within seven (7) days of the date of the notice. B. If the person determined to have committed the in- fraction does not contest the determination, the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. Payment in the amount of the pen- alty prescribed for the infraction must be submitted with the response. When a response which does not contest the determina- tion is received, an appropriate order shall be entered in the court's records. C. If the person determined to have committed the in- fraction wishes to contest the determination, the person shall respond by completing the portion of the notice of infraction requesting the hearing and submitting it either by mail or in person to the court specified on the notice. The court shall notify the person in writing of the time, place and date of the hearing, and that date shall not be sooner than seven (7) days from the date of the notice, except by agreement. D. If the person determined to have committed the in- fraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction the person shall respond by completing the portion of the notice of infrac- tion requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place and date of the hearing. -10- E. If any person issued a notice of infraction fails to respond to the notice of infraction as provided in subsection B of this section, or fails to appear at a hearing requested pur- suant to subsections C or D of this section, the court shall enter an appropriate order assessing the monetary penalty prescribed for the infraction and any other penalty authorized by this ordinance. SECTION 14: HEARING. A. A hearing held for the purpose of contesting the determination that an infraction has been committed shall be with- out a jury. B. Any person subject to proceedings under this ordin- ance may be represented by counsel. C. The attorney representing the city may appear in any proceeding under this chapter but need not appear, notwith- standing any rule of court to the contrary. D. The officer who issued the notice must appear at such hearing, and may subpoena witnesses. The person named in the notice may subpoena witnesses, including the officer, and also has the right to present evidence and examine witnesses pre- sent in court. E. The burden of proof is upon the city to establish a commission of the infraction by a preponderance of the evidence. F. After consideration of the evidence and argument, the court shall determine whether the infraction was committed. Where it has not been established that the infraction was commit- ted, an order dismissing the notice shall be entered in the court's records. Where it has been established that the infraction was committed, an appropriate order shall be entered in the court's records. G. An appeal from the court's determination or order shall be to the superior court. Such appeal shall be taken in accordance with the Justice Court Civil Rules. The decision of the superior court is subject only to discretionary review pursu- ant to Rule 2.3 of the rules of appellate procedure. SECTION 15: FAILURE TO RESPOND TO NOTICE OF INFRAC- TION. There shall be a penalty of One Hundred Dollars ($100.00) for failure to respond to a notice of infraction or failure to pay a monetary penalty imposed pursuant to this ordin- ance. SECTION 16: PAYMENT OF PENALTY. Whenever a monetary penalty is imposed by a court under this ordinance it is due immediately and to be made payable to the Bremerton Municipal Court Office. If a person is unable to pay at that time, the court may, in its discretion, grant an ex- tension of the period in which the penalty may be paid. All pen- alties collected by the court shall be remitted to the City Treas- urer. SECTION 17: REPEALING ORDINANCES IN CONFLICT Ordinance Nos. 1933, 2457, 2458, 3230, 3231, 3160, 3342, 337~ ~3654, 3644, 3440, 3325, 3309, 1122 are hereby repealed. APPROVED by the City Commissioners on the first reading this 5th day of October, 1982. PASSED by the City Council of the City of Bremer- ton, signed by the Mayor and attested by the City Clerk in authen- tication of such passage this ; ~- day of October, . 1982. GEN~ NELSO/~~ ' Mayor ATTEST: KATHLEEN L. MANDIO City Clerk -12- SECTION 1: States the general purpose of the ordin- ance, which is to maintain levels of animal control so as to pro- tect human health and safety and prevent injury to property and cruelty to animals. SECTION 2: Contains definitions to be used in applying the ordinance. SECTION 3: Gives the animal control authority and his or her designees the power to enforce the ordinance. The animal control authority may not enter a private building without a search warrant, but may enter private or public property, if not a private building, if he or she is pursuing, or has observed, an animal in violation of the ordinance enter the property. An indi- vidual may not obstruct or prevent the animal control authority from pursing an animal, or prevent the animal control authority from entering private property after a warrant has been present- ed. SECTION 4: Defines nuisances which are a violation of the ordinance, to include: 1) Animals running at large on public property; 2) Female animals in heat which are accessible to other animals; 3) Animals chasing vehicles; 4) Animals that growl, snap or jump on pedestrians; 5) Animals which have exhibited vicious propensities on or off the owner's premises; 6) Vicious animals running at large; -1- 7) Whining, howling, barking or yelping animals; 8) Animals staked or kept on public property; 9) Animals with a known contagious disease; 10) Animals running in packs; 11) Animals which trespass on private property and cause damage; 12) Stray animals running at large. SECTION 5: Prohibits cruelty to animals. SECTION 6: Prohibits keeping of livestock within the city limits, except that one such animal per acre of land may be kept. SECTION 7: Provides that animals that have bitten or broken the skin of any person must be quarantined for ten (10) days. The animal may be quarantined on the owner's premises if approved by the animal control authority. SECTION 8: Provides that animals in violation of Sec- tion 4, and animals subjected to cruel treatment, may be impound- ed. Animals will be held for seventy two (72) hours or longer, and then may be redeemed, made available for adoption, or humane- ly destroyed. SECTION 9: Provides method of redemption for an animal that has been impounded, and sets redemption fee at Twenty Five Dollars ($25.00) plus Five Dollars ($5.00) for each twenty four (24) hour period, or portion thereof, that the animal is re- tained. SECTION 10: Sets penalties for violations as: 1) Two Hundred Dollars ($200.00) for first violation, of which Twenty Five Dollars ($25.00) shall not be suspended or deferred; and 2) Two Hundred Fifty Dollars ($250.00) for each subse- quent violation, of which Fifty Dollars ($50.00) shall not be suspended or deferred. --2-- SECTION 11: Provides the court may order animals de- fined as nuisances to be abated, in addition to the penalties in Section 10. A dog that has twice been found to have bitten a person shall be ordered disposed of in a humane manner. SECTION 12: Sets out the method and manner a notice of infraction will be served on the animal's owner, and the contents of the notice of infraction. SECTION 13: Provides that a person may contest a no- tice of infraction. SECTION 14: Provides a hearing shall be held in the event a person contests a notice of infraction. SECTION 15: States that a penalty of One Hundred Dol- lars ($100.00) shall be assessed for failure to respond to a no- tice of infraction. SECTION 16: Sets out the method of payment of a mone- tary penalty. -3-