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.
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~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
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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
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