HomeMy WebLinkAbout4049 OROI NCE NO. q 7 '
AN ORDINANCE relating to the comprehensive control of
animals and repealing Ordinance No. 3745 and Ordinance
No. 3897.
THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN:
SECTION 1: PURPOSE AND POLICY -
(a) It is the purpose of this Chapter to control
hazards to the physical and mental health of the public caused by
animals and to prevent cruelty to animals, by establishing
standards of control.
(b) It is the specific intent of this Chapter to place
the obligation of complying with its requirements upon the owners
and possessors of animals.
(c) Nothing contained in this Chapter 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 Chapter, or by reason
or in consequence of any omission committed in connection with
the implementation or enforcement of this Chapter 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 Chapter.
SECTION 2: DEFINITIONS - As used in this Chapter, except
where a different meaning is plainly apparent from the context,
the following definitions apply:
(a) "Abandon" means the act of leaving an animal (i)
without food, water, or care for twenty-four (24) hours or more;
or (ii) in a situation where the conditions present an immediate
direct and serious threat to the life, safety or health of the
animal;
(b) "City" means the City of Bremerton.
(c) "Animal control authority" means the Bremerton
Animal Control Authority, 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.
(e) "Animal control officer" means any individual
employed or appointed by the City for the purpose of aiding in
the enforcement of this Title or any other law or ordinance
relating to the licensing of animals, control of animals, or
seizure and impoundment of animals and includes any municipal
police officer, or other employee whose duties, in whole or in
part, involve the seizure and taking into custody of animals.
(f) "At large" or "running at large" means to be off
the premises of the owner and not under the control of the owner
or of a competent person authorized by the owner, whether by
leash or otherwise.
(g) "Barking dog" means any dog which, by frequent or
habitual howling, yelping or barking unreasonably annoys or
disturbs persons in the vicinity of the premises or upon the
public street or in a public place.
(h) "Disposed of in a humane manner" means euthanized
by a lethal dose of sodium pentobarbital.
(i) "Detained" means to place an animal in custody.
(j) "Harboring" means allowing any animal to remain, be
lodged, fed, or sheltered on the property one owns, occupies or
controls for more than twelve (12) hours.
(k) "Holding period" means seventy-two (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) "Menacing" means behavior which includes charging,
snapping, growling, lunging or any other animal behavior which
creates a reasonable apprehension of harm in a person.
(m) "Owner" means a person who harbors, keeps, causes
or permits an animal to be harbored or kept, or who has an animal
in his/her possession or custody or who permits an animal to
remain on or about his/her premises or who has legal title to an
animal.
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(n) "Permit" means human conduct in relation to an
owned animal which is intentional, deliberate, careless,
inadvertent, or negligent.
(o) "Trespassing" means any animal which enters upon
the property of another person, without the authorization of the
lawful occupant.
(p) "Vicious animal" means an animal which bites, claws
or otherwise harms a human being or another animal, or which
demonstrates menacing behaviour toward human beings or domestic
animals but does not include an animal that bites, attacks or
menaces a person or another animal that has tormented or hurt it.
(q) "Livestock" includes, but is not limited to,
horses, mules, asses, bovine animals, lambs, goats, sheep, hogs
or other animals made to be domestic.
(r) "Fowl" includes chickens, roosters, geese and
ducks.
(s) "Under control" means that the animal is restrained
from approaching bystanders or other animals by a leash when off
the property of the owner and by voice control when on the
property of the owner.
(t) "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.
SECTION 3: OFFENSES RELATING TO SAFETY AND SANITATION
- It shall constitute a civil infraction for any owner to:
(a) Have possession or control of any animal sick or
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.
(b) Permit any domestic animal, except cats and
pigeons, to be at large or trespass upon the property of another;
provided that pets may be removed from the premises of the owner
if restrained by a leash that is eight feet (8') or shorter, and
if in the physical control of a person;
(c) Permit any cat or dog to enter any public fountain
or school yard;
(d) Fail 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 owner of the female;
(e) Permit any animal (i) to damage public property or
the private property of another or (ii) to bark, whine, or howl;
or (iii) to spread or spill garbage.
(f) Have in his/her possession any animal not owned by
him/her without the knowledge of the owner, unless he/she
notifies the animal control authority of such possession within
twenty-four (24) hours; or to fail to surrender such animal to
the animal control authority upon demand;
(g) Tether an animal in such a manner as to permit the
animal to enter any sidewalk, street, alley, or place open to the
public or to enter any adjacent lot or premises unless authorized
by the occupant of that adjacent premises;
(h) Sell any animal known to be sick or injured unless
the buyer is given, at the time of the sale, written notice of
the condition of the animal;
(i) Sell any animal known to be vicious;
(j) Allow an animal to enter any place where food is
stored, prepared, or sold to the public, or any other public
building or hall. This section shall not apply to any blind
person using a trained seeing eye dog, to veterinary offices or
hospitals, or to animal shows, exhibitions, or organized dog
training classes where at least twenty-four (24) hours advance
notice has been given to the animal control authority by persons
requesting to hold such animal shows, exhibitions, or dog
training classes;
(k) Harbor any animals known to have a contagious
disease unless under the treatment of a licensed veterinarian;
(1) Harbor a barking dog as defined in this title or to
permit any animal which annoys or disturbs persons in the
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vicinity of the premises to be in public rights-of-way or in
public places;
(m) Permit cattle, horses, goats, swine, or sheep to
wander at large or to enter bodies of water open to the public,
such as lakes.
SECTION 4: NUISANCE ANIMALS - The harboring or creating of
a nuisance constitutes a civil infraction. The following
conditions constitute a nuisance:
(a) Domestic animals, except cats and pigeons, which
are at large or trespass upon the property of another;
(b) Any animal which enters any place where food is
stored, prepared, served, or sold to the public or any other
public building or hall;
(c) Any female cat or dog that is in estrus ("heat")
and not confined in a secure enclosed structure so that the
female cat or dog cannot come into contact with the male unless
the male is admitted by the owner of the female;
(d) Any animal which, by frequent howling, yelping,
whining, or barking, or other noises unreasonably annoys or
disturbs other persons in the vicinity of the premises or in
public rights-of-way or public places;
(e) Animals kept, harbored, or maintained and which are
known to have a contagious disease, unless under the treatment of
a licensed veterinarian;
(f) Animals, within the City, which have been dropped
off or left or abandoned on the street, road, or highway or any
other public place, or upon private property without the consent
of the property owner;
(g) Animals which chase or jump at vehicles, bicycles
and/or pedestrians;
(h) Any animal which, by its actions or condition,
presents a clear and present threat to the public peace, health,
or safety.
(i) A dog or cat shall be considered a nuisance if it
damages, soils, defiles, or defecates upon private property,
other than the owners', or on public walks and recreation areas,
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unless such waste is immediately removed and properly disposed of
by the owner.
(j) To abate nuisances an Animal Control Officer may
(i) 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 summarily detain the animal; or (ii) if the animal
does not present a clear and present threat to the public peace,
health and safety and the public is not in imminent danger, 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.
SECTION 5: IMPOUNDING PROCEDURES -
(a) The Animal Control Officer may detain any animal
found doing any of the acts defined as a public nuisance as
defined above. After such animals are detained, the Animal
Control Officer shall deliver such animals to the shelter where
the officer shall ascertain whether they are licensed. If the
animal is licensed, the Animal Control Officers shall notify the
owner within a reasonable time, not to exceed forty eight (48)
hours, by posting notice on the property and, if possible, by
telephone, that the animal has been impounded and may be redeemed.
Any licensed animal impounded pursuant to this Code shall be held
for the owner for seventy-two (72) hours by the impounding agency.
Any animal suffering from serious injury or disease may be
h~nanely destroyed, or in the discretion of the impounding
authority, may be held for a longer period and redeemed by any
person on payment of charges not exceeding those described in
this Ordinance. 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 owner.
(b) Owners of animals impounded shall be assessed an
impound fee.
SECTION 6: RIGHT OF ENTRY AND INSPECTION -
(a) Pursuant to consent of the owner or occupant of any
premises, animal control authority officers or police officers
may enter and inspect the premises to determine compliance with
the provisions of this Chapter.
(b) Animal control authority officers or police
officers may enter the private property of another, with or
without a warrant, when in hot pursuit to take possession of any
animal observed at large.
(c) Animal control authority officials or any police
officer may enter the private property of another to enforce this
Chapter with a search warrant or when otherwise authorized by
law.
(d) Animal control authority officials or any police
officer may enter the private property of another in the absence
of the owner or occupant either to aid an animal on the premises
in ~eed of immediate assistance or to prevent its death or
serious injury.
(e) The Bremerton animal control authority, as agent of
the City, acting alone or in concert with other municipalities,
is authorized to take such lawful action as may be required to
enforce the provisions o~ this Chapter pertaining to animal
coatrol, cruelty, shelter and welfare.
(f) 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 officer to enter private property to
perform any duty imposed by this Chapter.
(g) Nothing prohibits the police department from
enforcing the provisions of this Chapter.
SECTION 7: DETAINMENT AND DISPOSAL OF ANIMALS -
(a) No detained animal shall be released to the owner
until all applicable fees are paid and licenses obtained,
however, the officer may allow the owner seven (7) days ot obtain
a license.
(b) Animal control authority officials shall ascertain
whether any detained animal is currently licensed and, if so,
notify the licensee by posting notice at the property and by
telephone, if possible, that such animal has been detained and
may be redeemed upon payment of any applicable fees.
(c) Anyone claiming a detained animal must prove
ownership or provide written authorization from the owner to
claim the animal, to the satisfaction of the animal control
authority, before redeeming the animal.
(d) Injured or diseased animals need not be detained
for the holding period, but may be disposed of in a humane manner
at any time, at the discretion of animal control authority.
(e) Any animal which is detained by animal control
authority may be held at the City animal kennel or any other
place appropriate for the animal. The animal control authority
shall place a notice of detainment at the City animal kennel, and
sh.~ll attempt to determine ownership of the animal. If, after
the expiration of the holding period, no owner has claimed the
animal, the animal control authority shall authorize adoption or
dispose of the animal in a humane manner.
(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 owner or other
authorized person claiming the animal for the care and feeding of
the animal. If an animal owner declines to pick up his animal
from the City's impound facility, the owner nevertheless remains
responsible for kennel fees incurred by the animal and failure of
the owner to pay such fees within ten (10) days after notice and
demand shall constitute an infraction.
(g) Animals suspected of having rabies shall be held
until their release is approved by the Bremerton Kitsap County
Health Department and all applicable fees are paid.
(h) Kennel fees and impoundment fees shall be charged
in accord with the charges established by the Animal Fee
Ordinance.
SECTION 8: ADOPTION -
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{a) Strays and abandoned animals, following the holding
period, and animals voluntarily surrendered to animal control
authority shall become the property of the City of Bremerton.
(b) Any animal detained or surrendered to animal
control authority and not redeemed, shall be disposed of in a
humane manner or, at the discretion of animal control authority,
may be held for a longer period to allow for adoption.
(c) No warranty, express or implied, shall be made with
respect to any animal adopted.
SECTION 9: OFFENSES RELATING TO CRUELTY TO ANIMALS - It
shall constitute a misdemeanor for any person to:
(a) Injure, kill, or physically mistreat any animal
except as it is expressly permitted by law;
(b) Lay out, expose, or leave exposed any kind of
poison or poisonous food or drink where accessible to an animal,
or place such poisonous materials in a stream or other body of
water, endangering fish or shellfish; provided, that nothing
shall prevent the reasonable use of rodent poison, insecticides,
fungicides, or slug bait for their intended purposes; and
provided, further, that nothing in this paragraph shall prohibit
any government agency from acting in the course of its
governmental duties;
(c) Set out or bait any trap unless directed by the
Department of Game or Animal Control to do so; provided, no
permit is required to trap rats or mice;
(d) Confine, without adequate ventilation, any animal
in any box, container, or vehicle;
(e) Tease, tantalize, or provoke any animal with the
intent to cause fear or anger;
(f) Tether or confine any animal in such a manner or in
such a place as to cause injury or to endanger an animal; or to
keep an animal in quarters that are injurious to the animal due
to inadequate protection from heat or cold, or that are of
insufficient size to permit the animal to move about freely;
(g) Keep an animal in an unsanitary condition or fail
to provide sufficient food, water, shelter, or ventilation
necessary for the good health of that animal; owners must provide
wholesome foodstuffs suitable for the species, provided at decent
intervals, in sufficient quantity, to maintain the animal in good
health, considering its age and condition. Similarly, owners
must provide adequate shelter which is suitable for the age and
species of the animal.
(h) Wilfully neglect to provide immunizations and
preventive care, required to maintain good health and to provide
veterinary care to sick, diseased or injured animals and/or
humane death.
(i) Permit any animal to fight or injure any other
animal or permit any animal to be fought or injured by any other
animal; or to train or keep for the purpose of training any
animal for the exhibition of such an animal in combat with any
other animal, whether for the amusement of him/herself or others,
or for financial gain; or permit such conduct on premises under
his/her control or to be present as a spectator at such an
exhibition;
(j) Leave an animal unattended for over four (4) hours
in a vehicle;
(k) Possess cockspurs, slashers, gaffs, or other tools,
equipment, devices, or training facilities for the purpose of
training and/or engaging an animal in contact with another
animal;
(1) Wilfully neglect to provide adequate space to allow
the animal rest and exercise sufficient to maintain its good
health.
SECTION 10: KEEPING OF LIVESTOCK AND FOWL - It shall
constitute a civil infraction to maintain livestock or fowl on
property within the City limits if the following conditions are
not met:
(a) One of the animals which is designated as livestock
and six (6) of the animals which are designated as fowl may be
kept on one (1) acre of land provided that the following
conditions are met. If livestock is kept on the property:
(i) a wood board fence must be provided meeting the
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specifications of RCW 16.60.010
(ii) a suitable enclosure for the animal must
be provided;
(iii) livestock must not be kept within two hundred
fifty feet (250') of other residences;
(iv) livestock must not be allowed within five
hundred feet (500') of bodies of water such as lakes or
streams;
(v) livestock must not be allowed to enter bodies
of water such as lakes.
SECTION 11: ANIMAL BITE - 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. Dogs may be quarantined at a
verterinary hospital, at the City animal kennel, or at the home
of the owner if the Animal Control Officer determines that the
dog can be properly quarantined at the residence of the owner.
If dogs are quarantined at the residence of the owner, the owner
must keep the dog securely chained and confined to the premises
of the owner and segregated from any other animals during the
observation period.
SECTION 12: KILLING DANGEROUS ANIMALS - If any fierce,
dangerous, vicious, or predatory animal cannot be safely taken up
and impounded, such animal may be slain by any police officer or
authorized Animal Control Officer.
SECTION 13: OWNING VICIOUS ANIMALS PROHIBITED - It is
unlawful to own a vicious animal with knowledge that the animal
is vicious or with reckless disregard of the fact that the animal
is vicious. Owning a vicious animal constitutes a misdemeanor.
Misdemeanors are punishable by a maximum fine of Five Hundred
Dollars ($500.00) and by ninety (90) days in jail. In addition,
the Court, in its discretion, may order the destruction of any
vicious animal.
SECTION 14: ENFORCEMENT PROVISIONS -
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(a) Interference with Animal Control Authority: It
shall constitute a civil infraction to interfere with Animal
control officers in the performance of their duties.
(b) Civil Infraction: Unless another penalty is
expressly provided, all violations of this chapter shall
constitute a civil infraction. Civil infractions are punishable
with a maximum penalty of Two Hundred Fifty Dollars ($250.00)
according to local court rule adopted bail schedule. 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.
(c) Failure to Respond or Pay Fine: If a violator of
any provision of this chapter fails to respond within fifteen
(15) days to the notice of infraction in one of the ways set
forth in §16(b), (c), and (d) to timely appear in court pursuant
to a scheduled hearing, or to timely pay any fine imposed
pursuant to this chapter, such action shall constitute a
misdemeanor. A misdemeanor is punishable by a maximum fine of
Five Hundred Dollars ($500.00) and by a maximum of ninety (90)
days in jail.
(d) Offenses which are designated as misdemeanors
shall be punishable by a maximum of ninety (90) days in jail and
a Five Hundred Dollar ($500.00) fine, or both such jail and fine.
(e) Payment of Penalty: Whenever a monetary penalty
is imposed by a court under this chapter, 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 extension of the period in which the penalty
may be paid. All penalties paid to the court shall be remitted
to the City Treasurer.
SECTION 15: NOTICE OF £NFRACTION -
(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 chapter.
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(b) A Washington Uniform Court Docket Citation may be
issued as the form for the notice of infraction and shall include
the following:
(1) A statement that the notice represents a
determination that an infraction has been committed by the person
named in the notice and that the determination shall be final
unless contested as provided for in Section 16.
(2) A statement that an infraction is a noncriminal
offense for which imprisonment may not be imposed as a sanction;
(3) A statement of the specific infraction for which
notice was issued;
(4) A statement of the monetary penalty established
for the infraction;
(5) A statement of the options provided in this
chapter 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
preponderance of the evidence, that an infraction was committed,
and that the person may subpoena witnesses including the officer
who issued 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 Section 16;
(9) A statement that failure to respond to a notice of
infraction is a misdemeanor.
SECTION 16: CONTESTING DETERMINATION OF INFRACTION -
(a) Any person who receives a notice of infraction under
this chapter shall respond to such notice as provided in this
section within fifteen (15) days of the date of the notice.
(b) If the person determined to have committed the
infraction does not contest the determination, the person shall
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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
penalty prescribed for the infraction must be submitted with the
response. When a response which does not contest the
determination is received, an appropriate order shall be entered
to the court's records.
(c) If the person determined to have committed the
infraction wishes to contest the determination, the person shall
respond by completing the portion of the 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 written agreement.
(d) If the person determined to have committed the
infraction does not contest the determination but wishes to
explain mitigating circumstances surrounding the infraction the
person shall respond by completing the portion of the infraction
requesting a hearing for that purpose and submitting it either by
~nail 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.
(e) If any person issued a notice of infraction fails to
respond to the notice of infraction as provided in this section,
or fails to appear at a hearing requested pursuant to this
section, the court shall enter an appropriate order assessing the
monetary penalty prescribed for the infraction and any other
penalty authorized by this chapter.
SECTION 17: HEARING -
(a) A hearing held for the purpose of contesting the
determination that an infraction has been committed shall be
without a jury.
(b) Any person subject to proceedings under this chapter
may be represented by counsel.
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(c) The attorney representing the city may appear in any
proceeding under this chapter but is not required to do so.
(d) The officer who issued the notice may appear at such
hearing and may subpoena witnesses or may submit an affidavit
stating the facts giving rise to the infraction. The person
named in the notice may subpoena witnesses, including the officer
and also has the right to present evidence and examine witnesses
present 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 an infraction was committed. When
the court determines that an infraction has not been committed,
and order dismissing the notice shall be entered in the court's
record. When 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 accord
with the Justice Court Civil Rules.
SECTION 18: PREVIOUS ORDINANCES REPEALED - This ordinance
repeals Ordinance No. 3745 and Ordinance No. 3897.
SECTION 19: SEVERABILITY CLAUSE - If any part of this
ordinance shall be held invalid, such part shall be deemed
severable and the invalidity of that part shall not affect the
validity of the remaining portions of this ordinance.
APPROVED by the City Council on the first reading this ~7-//
day of ~~ , 1986.
PASSED by the City Council of the City of Bremerton,
Washington, signed by the Mayor and attested by the City Clerk in
authentication of such passage this /~-'~day of
,
E OBE, Mayor
ATTEST:
KATHLEEN L C U
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SUMMARY OF ORDINANCE NO. 4049 ~' ~\~
This Ordinance provides for comprehensive control of animals
within the City of Bremerton.
SECTION 1: This section defines the purpose and policy.
SECTION 2: This section sets forth definitions.
SECTION 3: This section sets forth offenses relating to
safety and sanitation and making such violation a civil
infraction.
SECTION 4: This section sets forth nuisance animals and
defines harboring or creating a nuisance and making such
violation a civil infraction.
SECTION 5: This section sets forth impounding procedures by
the Bremerton Animal Control, sets forth time limitations for
such impoundment and provides for the assessment of an impound
fee.
SECTION 6: This section sets forth the right of entry and
inspection by the Bremerton Animal Control or Bremerton police
officers to enter and inspect premises to determine compliance
with this Chapter.
SECTION 7: This section sets forth detainment and disposal
of animals and provides that no animal may be released to an
owner until licenses and fees are paid; provides for proof of
ownership before release; provides for disposal of injured or
diseased animals without a holding period; and provides for
kennel fees and impoundment fees.
SECTION 8: This section sets forth adop'~ion procedures for
strays or abandoned animals following the holding period; and
provides for disposal of such animal in a humane manner at the
discretion of the animal control authority.
SECTION 9: This section sets forth offenses relating to
cruelty to animals. It shall constitute a misdemeanor for any
person to:
(a) Injure, kill, or physically mistreat any animal
except as it is expressly permitted by law;
1
(b) Lay out, expose, or leave exposed any kind of
poison or poisonous food or drink where accessible to an animal,
or place such poisonous materials in a stream or other body of
water, endangering fish or shellfish; provided, that nothing
shall prevent the reasonable use of rodent poison, insecticides,
fungicides, or slug bait for their intended purposes; and
provided, further, that nothing in this paragraph shall prohibit
any government agency from acting in the course of its
gover r~nental duties;
(c) Set out or bait any trap unless directed by the
Department of Game or Animal Control to do so; provided, no
permit is required to trap rats or mice;
(d) Confine, without adequate ventilation, any animal
in any box, container, or vehicle;
(e) Tease, tantalize, or provoke any animal with the
intent to cause fear or anger;
(f) Tether or confine any animal in such a manner or in
such a place as to cause injury or to endanger an animal; or to
keep an animal in quarters that are injurious to the animal due
to inadequate protection from heat or cold, or that are of
insufficient size to permit the animal to move about freely;
(g) Keep an animal in an unsanitary condition or fail
to provide sufficient food, water, shelter, or ventilation
necessary for the good health of that animal; owners must provide
wholesome foodstuffs suitable for the species, provided at decent
intervals, in sufficient quantity, to maintain the animal in good
health, considering its age and condition. Similarly, owners
must provide adequate shelter which is suitable for the age and
species of the animal;
(h) Wilfully neglect to provide immunizations and
preventive care, required to maintain good health and to provide
veterinary care to sick, diseased or injured animals and/or
humane death;
(i) Permit any animal to fight or injure any other
animal or permit any animal to be fought or injured by any other
animal; or to train or keep for 'the purpose of training any
animal for the exhibition of such an animal in combat with any
other animal, whether for the amusement of him/herself or others,
or for financial gain; or permit such conduct on premises under
his/her control or to be present as a spectator at such an
exhibition;
(j) Leave an animal unattended for over four (4) hours
in a vehicle;
(k) Possess cockspurs, slashers, gaffs, or other tools,
equipment, devices, or training facilities for the purpose of
training and/or engaging an animal in contact with another
animal;
(1) Wilfully neglect to provide adequate space to allow
the animal rest and exercise sufficient to maintain its good
health.
SECTION 10: This section provides for a civil infraction to
maintain livestock or fowl on property within the City limits if
certain conditions are not met.
SECTION 11: This section sets forth impound and quarantine
provisions for any animal that bites or otherwise breaks the skin
of any person, regardless of whether that person be on public or
private property.
SECTION 12: This section sets forth the killing of
any fierce, dangerous, vicious, or predatory animal which cannot
be safely taken up and impounded.
$~:CTION 13: This section makes it unlawful to own a vicious
animal with knowledge that the animal is vicious or with reckless
disregard of the fact that the animal is vicious. Owning a
vicious animal constitutes a misdemeanor. Misdemeanors are
punishable by a maximum fine of Five Hundred Dollars ($500.00)
and by ninety (90) days in jail. In addition, the Court, in its
discretion, may order the destruction of any vicious animal.
SECTION 14: This section sets forth enforcement provisions:
(a) Interference with Animal Control Authority: It
shall constitute a civil infraction to interfere with Animal
Control officers in the performance of their duties.
3
(b) Civil Infraction: Unless another penalty is
expressly provided, all violations of this Chapter shall
constitute a civil infraction. Civil infractions are punishable
with a maximum penalty of Two Hundred Fifty Dollars ($250.00)
according to local court rule adopted bail schedule. 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.
(c) Failure to Respond or Pay Fine: If a violator of
any provision of this Chapter fails to respond within fifteen
(15) days to the notice of infraction in one of the ways set
forth in §16(b), (c), and (d) to timely appear in court pursuant
to a scheduled hearing, or to timely pay any fine imposed
pursuant to this Chapter, such action shall constitute a
misdemeanor. A misdemeanor is punishable by a maximum fine of
Five Hundred Dollars ($500.00) and by a maximum of ninety (90)
days in jail.
(d) Offenses which are designated as misdemeanors
shall be punishable by a maximum of ninety (90) days in jail and
a Five Hundred Dollar ($500.00) fine, or both such jail and fine.
(e) Payment of Penalty: Whenever a monetary penalty is
imposed by a court under this Chapter, 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 extension of the period in which the penalty
may be paid. All penalties paid to the court shall be remitted
to the City Treasurer.
SECTION 15: This section sets forth what constitutes an
infraction and the giving of notice thereof.
SECTION 16: This section sets forth how to contest
a determination of infraction and gives fifteeen (15) days in
which to do so.
SECTION 17: This section sets forth hearing procedures for
the purpose of contesting the determination that an infraction
has been committed.
SECTION 18: This section repeals Ordinance No. 3745 and
Ordinance No. 3897.
SECTION 19: This section is a severability clause holding
that if any part of this ordinance shall be held invalid, such
part shall be deemed severable and the invalidity of that part
shall not affect the validity of the remaining portions of this
ordinance.
Any person desiring the full text of the foregoing Ordinance
may so request from the City Clerk and it shall be provided
without charge.
APPROVED by the City Council on the first reading on
/
PASSED by the City Council of the City of Bremerton, signed
by the Mayor and attested to by the City Clerk in authentication
of such passage on ~~ //~, 1986.
c_._C~_~fy LC~E, Mayor
of Bremer ton
A/TEST:
KATHI,E~N L. MCCLU~, City C~erk
Director of Adninistrative Services