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HomeMy WebLinkAbout2457 oRDxx so. AN ORDINANCE relating to the keeping and control of dogs and other animals; declaring certain practices of certain animals to be public nuisances; defining offenses and prescribing penalties; and repealing SeCtions 11,.. 12 ~and 15Wof Ordinance No. 1933, and declaring an emergency. TP~ CITY OF BPd~iKRTON DOES ORDAIN= Section 1. .Definitions. Within the provisions of this ordinance the following definitions shall obtain= a) 'DOG" shall mean and include female, spayed female, male and neutered male dogs. b) #CAT# shall mean and include female, spayed female, male and neutered male cats. c) 'A/qIMAL' shall mean and include female, spayed female, male and neutered male animals, excepting any goat, horse, mule, cattle, swine or other livestock, and excepting any dog or cat. d) 'OWNER' shall mean any person, firm or corporation owning, :~having an interest in, or having control or custody or possession of any dog, cat or animal. e) #AT LARGE" shall mean off the premises Of the owner or keeper of the dog, cat or animal, and not under restraint by leash or chain or not otherwise con- trolled by a competent person. f) 'PERSON' shall include any person, partnership, corporation, trust or association of persons. g) The present tense shall include the past and future tense, and the future the present. Each gender shall include all genders. h) The singular number shall include the plural, and the plural the singular. i) Whenever a power is granted to or a duty is imposed upon the Humane Society, Poundmaster or other public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a pers~ authorized pursuant to the law by the officer unless this ordinance expressly provides otherwise. Section 2. Runninq at Larqe_..on.. Publlc _p.ropert¥. It shall be unlawful for the owner or person having control of any dog or animal to suffer or permit under any circumstances the same, whether licensed or not, to run at large in any park, or to enter any public beach, pond, fountain or stream therein, or upon any public play- ground or school ground or in any public building. Any animal so straying, entering or trespassing upo~ such property is hereby declared to be a nuisance and shall be immediately seized and impounded. Provided, that this section shall not prohibit a person from walking or exercising a dog in a public park or on a public beach when such dog is on leash, or under control by a competent person, and proper safeguards are taken to protect the public and property from injury or damage from said dog. Section 3. Female Do~ at Larqe in Heat. It shall be unlawful for any owner to permit any female dog to run at large while in heat, whether or not such animal is licensed; and any such animal so running at large during such period is declared to be a nuisance and shall immediately be seized and impounded. Section 4. Harborin~ Vicious or Danqerous Do~. It shall be unlawful for any owner to keep, harbor or maintain on or off his premises in a manner liable to endanger the safety of persons or property lawfully upon said premises, or upon any street, avenue, alley, public or private place within the city, Or to allow to run at large within the limits of the City of Bremerton, any vicious, menacing or dangerous dog or a dog with vicious propensities. Any such animal is hereby declared to be a nuisance and shall be seized and impounded. Upon the trial of any person charged with violating this section, the Court as a part of the penalty imposed, shall determine in the judgment whether or not said dog is a vicious or dangerous animal and whether or not said dog shall be humanely destroyed or otherwise disposed of, and the cost thereof shall be taxed as a part of and collected in the same manner as other costs in the case. Section 5. Howling and Barking. It shall be unlawful for an owner to keep or harbor any dog Or other animal which, by frequent or habitual howling, yelping, barking or the making of other noises, shall annoy or disturb a neighborhood of any considerable number of persons. Any such dog Or animal shall be deemed a nuisance and may be seized and impounded. Section 6. Injury to Property. It s~all be unlawful for any owner to suffer or permit any dog or other animal to trespass on private or public property so as to damage or destroy any property or thing of value, and the same is hereby declared to be a nuisance and any such animal may be seized and impounded. Section 7. Chas_in~ Vehicles. It shall be unlawful for any owner keeping or harboring any dog to suffer or permit such dog to chase, run after or jump at vehicles lawfully using the public streets, avenues, alleys and ways within the City of Bremerton, and the same is hereby declared to be a nuisance and any such dog may be seized and impounded. -2- ~ection 8. Jumpinq and Barkin.g at Pedestrians. It shall be unlawful for any owner to keep or harbor any dog or animal that frequently or habitually snarls and growls at or snaps or jumps upon or threatens persons lawfully upon the public sidewalks, streets, alleys Or public places of the City, and the same is hereby declared to be a nuisance and any such dog or other animal may be seized and impounded. Section 9. S~ra¥ Doq, Cat Or Animal. Any stray dog, cat or anima~ running at large within the City of Bremerton, is hereby declared to be a nuisance, and any such stray dog, cat or animal may be seized and impounded. For the purposes of this section, "stray dog," "stray cat' and "stray animal" shall mean and include any dog, cat Or~animal loitering in a neighborhood or any public place without an apparent owner or home. The Bremerton police, or the authorized agent of the City of Bremerton, before picking up any dog, cat or animal under this section may require the complainant requesting such impounding first to apprehend and secure such dog, cat or animal. The complainant shall sign a release at the time such animal is picked up. Section 10. Livestock at Large. It shall be unlawful for any owner to let run at large any cattle, goat, horse, mule, sheep, swine or any other livestock anywhere within the city limits of the City of Bremerton, and the same is hereby declared to be a nuisance and any such livestock may be seized and impounded. Section 11. Injured or Diseased Animals. Any dog Or other animal suffering from serious injury Or disease may be humanely des- troyed by the impounding authority~ provided, that the impounding authority shall immediately notify the owner, if the owner is known, and if the owner be unknown, make all reasonable efforts to locate and notify the owner. Section 12. Violations - Penalty. Any person violating any of the provisions of this Ordinance or who shall create, keep or maintain any nuisance as herein defined, shall upon conviction thereof be fined in any sum not exceeding $300.00 or imprisoned in the City jail for a period not exceeding ninety days, or both such fine and imprisonment, in the discretion of the Court~ and for each act herein prohibited, of a;~continuing nature, each day shall be considered a separate offense. Provided, however, that a violation of the foregoing provisions of Sections 5, 6, 7 and 8 shall not be established except upon the testimony of not less than three wit- nesses separately domiciled or steadily employed in the immediate neighborhood, as to the facts constituting the nuisance. Section 13. Violations - Abatement. Any person violating any of the provisions of this ordinance in the keeping or mainten- ance of any nuisance as herein defined shall, in addition to the fine or imprisonment or both hereinabove provided for by order of the Court in such action be ordered to forthwith abate and remove such nuisance; and if the same is not done by such offender within twenty- four hours, the same shall be abated and removed under the direction -3- of the officer authorized by the order of said Court, which said order of abatement shall be entered upon the docket of said Court and made a part of the judgment in said action. Any such person shall be liable for all costs and expenses of abating the same when such nuisance has been abated by any officer of the City of Bremerton, which said costs and expenses shall be taxed as part of the costs of the prosecution against the party, liable to be recovered as other costs are recovered; and in all cases where the officer as authorized by theCourt shall abate any such nuisance he shall keep account of all expenses attending such abatement; and in addition to other powers herein given to collect such costs and expenses, the City of Bremerton may bring suit for the same in any Court of competent jurisdiction against the person keeping or maintaining the nuisance so abated. Section 14. Severabil!t¥. Should any part of this ordinance be adjudged invalid for any reason, such adjudication shall not affect the validity of this ord/nance as a whole or any part thereof. Section 15. ReDea!. Sections 11, 12 and 15 of Ordinance No. 1933 are hereby repealed. Section 16. ~erqency.. That an emergency exists and is hereby declared to exist and this ordinance will be in full force and effect on September 1, 1961, after passage and publication. APPROVED on first reading this 16th day of August, 1961. PASSED on second reading by the City Council of the City of Bremerton, signed by the Mayor and attested by theCity clerk in authentication of such passage this 23rd day of August, 1961. H. O. ~~D, Mayor ATTEST: E. H. T. Mc~, City Clerk -4-