HomeMy WebLinkAbout4807 ORDINANCE NO. 4807
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Rate Tables A and D of
Chapter 3.01 of the Bremerton Municipal Code updating
Administrative Services and Police Department Rate Tables;
repealing and replacing Chapter 5.04 of the Bremerton Municipal
Code relating to petshops and kennels; and repealing and replacing
Title 7 of the Bremerton Municipal Code relating to animals and
fowl.
WHEREAS, the current provisions of Chapter 3.01 of the Bremerton
Municipal Code relating to Rates and Fees were adopted by the City Council; and
WHEREAS, the City Council desires to update the rates and fees for
Administrative Services and the Police Department; and
WHEREAS, the current provisions of Chapter 5.04 of the Bremerton
Municipal Code relating to pet shops and kennels results in many animals being sold with
out the owners ever obtaining a license for the animal; and
WHEREAS, the current provisions of Title 7 of the Bremerton Municipal
Code relating to animals and fowl results in ineffective responses to complaints regarding
animals in the community; and
WHEREAS, the City Council desires to update the provisions of Chapter 5.04 and
Title 7 of the Bremerton Municipal Code in order to make the City's animal control enforcement
activities more efficient; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Chapter 5.04 of the Bremerton Municipal Code entitled "Pet Shops
and Kennels" is hereby repealed in its entirety and there is hereby created a new Chapter 5.04
entitled "Commercial Pet Facilities, Grooming Parlors, and Animal Welfare Facilities," to read
as follows:
CHAPTER 5.04
COMMERCIAL PET FACILITIES, GROOMING PARLORS AND ANIMAL WELFARE FACILITIES
Sections:
5.04.010 Definitions
5.04.020 License required
5.04.010 Definitions
(a) "Animal welfare facihty" means any indoor or outdoor facility where pets are
routinely housed or maintained by or for an animal welfare organization.
(b) "Animal welfare organization" means any public or private organization registered
with the Washington Secretary of State's Office as a not-for-profit organization, whether called a
kennel, cattery, shelter, society, or rescue, and includes the organization's officers, agents, and
representatives when acting in the name or on behalf of the organization that controls, rescues,
shelters, cares for, or disposes of pets as all or part of the purpose of the organization.
(c) "Commercial pet facility" means any place or entity where pets are boarded or bred
for the primary purpose of compensation, or where pets are housed for resale, such as pet shops,
but not including a veterinary hospital where boarding is incidental to treatment.
(d) "Grooming parlor" means any place or entity, public or private, stationary or mobile,
where pets are bathed, clipped, or combed for the purpose of enhancing their aesthetic value and
for which a fee is charged.
(e) "Pet shop" means a commercial establishment that acquires pets for the purpose of
resale.
5.04.020 License required
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(a) License required. Commercial pet facilities, grooming parlors, and animal welfare
facilities shall be licensed annually or no less than thirty calendar days prior to commencement
to operation.
(b) License expiration. Licenses issued under this section shall expire one calendar year
from the date of issuance.
(c) License fees. License fees are as follows:
(1) Commercial pet facility - $150.00 per location;
(2) Grooming parlors - $50.00 per location; provided, if the grooming parlor is
operated at the same location as a commercial pet facility or by the owner or operator thereof,
this license fee shall not be collected.
(3) Animal welfare facilities - $50.00 per location.
(d) Additional license fee. If all license requirements are not met by the designated
renewal date, there shall be an additional license fee of $50.00 per location for commercial pet
facilities and grooming parlors. There shall also be an additional fee of $25.00 for new or
first-time applications.
(e) License application. A license applicant shall provide the following to the animal
control authority for each commercial pet facility, grooming parlor, or animal welfare facility
location:
(1) Name, address, and telephone number of the owner or operator of the facility
and the name and address of the facility;
(2) The type of license sought and a brief description of the magnitude and nature
of the contemplated operation; and
(3) A written statement from the City's department of community development
or other satisfactory proof that the contemplated operation conforms to the City's zoning
regulations.
(f) License issuance. The animal control authority shall issue the license or renewal
thereof if the license fee is paid, if the application meets the requirements of subsection (e), and
if, upon inspection, the operation or contemplated operation meets or will meet the requirements
found in BMC 7.08.030 (b), (c) or (d) as appropriate. The license shall contain its date of
expiration and shall be prominently displayed at the place of operation. For license renewals, the
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license applicant shall meet the above requirements no less than thirty calendar days prior to the
date of expiration of the existing license.
As part of a commercial pet facility license, the licensee shall be required to collect the
licensing fee indicated in BMC 3.01.050 from any individual, with a City of Bremerton address,
purchasing a dog or cat from the commercial pet facility. The purchaser of the dog or cat must
provide the following information:
(1) Date of issuance;
(2) Type of animal, age, color(s), sex, breed/mix, distinguishing characteristics,
and whether the animal is spayed or neutered; and
(3) The name, address, and telephone number of the owner of the animal;
The commercial pet facility shall remit the license fees and owner information to the Animal
Control Authority on a monthly basis. Thereafter, the City will mall a prepaid license to the new
owner.
SECTION2. Title 7 of the Bremerton Municipal Code entitled "Animals and
Fowl" is hereby repealed in its entirety and there is hereby created a new Title 7 entitled
"Animals", to read as follows:
Title 7
ANIMALS
Chapters:
7.04 Generally
7.08 Licensing and Licensing Requirements
7.10 Impoundment and Quarantine
7.12 Dangerous Animals
7.14 Misdemeanors, Infractions and Penalties
7.16 Stock Restricted Areas
Chapter 7.04
GENERALLY
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Sections:
7.04.010 Declaration
7.04.020 Definitions
7.04.030 Authority to Animal Control Authority.
7.04.040 Animal control zone established
7.04.050 Construction
7.04.010 Declaration
The ordinance codified in this title is enacted to enhance the public health, safety, welfare
and convenience through the regulation of animal behavior to the end that offensive animal
behavior will be reduced or eliminated. Furthermore, this title contains standards for the use, care
and treatment of animals to the end that cruelty to animals will be reduced or eliminated.
7.04.020 Del'tuitions.
The terms defined below have the meanings that follow unless the context in which they
are used clearly indicates a different meaning:
(a) "Adequate food and water" means food or feed appropriate to the species for which it
is intended. Both food and water must be in sufficient quantity and quality to sustain the animal,
and should be in containers designed and situated to allow the animal easy access.
(b) "Adequate shelter" means a structure that is moisture- and wind-proof, allows the
aaimal to mm around freely, sit, stand and lie without restriction, keeps the animal clean and dry,
and by application does not cause the animal injury, disfigurement, or physical impairment.
(c) "Adult cat" means a cat more than six months of age.
(d) "Adult dog" means a dog more than six months of age.
(e) "Animal control authority" means the Bremerton Police Department, Kitsap Animal
Control, Kitsap Humane Society, or other organization contracted by the City of Bremerton to
enforce the City's animal control provisions.
(f) "Animal welfare facility" means any indoor or outdoor facility where pets are
routinely housed or maintained by or for an animal welfare organization.
(g) "Animal welfare organization" means any public or private organization registered
with the Washington Secretary of State's Office as a not-for-profit organization, whether called a
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kennel, cattery, shelter, society, or rescue, and includes the organization's officers, agents, and
representatives when acting in the name or on behalf of the organization that controls, rescues,
shelters, cares for, or disposes of pets as all or part of the purpose of the organization.
(h) "At large" means an animal that is offthe premises of the owner and not under
physical restraint adequate for its size and nature or is sufficiently near its owner to be under its
owner's direct control and is obedient to its owner's commands, except that all dogs must be
leashed when off the premises of the owner.
(i) "Commercial pet facility" means any place or entity where pets are boarded or bred
for the primary purpose of compensation, or where pets are housed for resale, such as pet shops,
but not including a veterinary hospital where boarding is incidental to treatment.
(j) "Dangerous Animal" means any pet or livestock that:
(1) Inflicts severe injury on a human being without provocation on public or
private property;
(2) Kills a domestic animal without provocation while the attacking animal is off
the owner's property; or
(3) Has been previously found to be potentially dangerous, because of injury
inflicted on a human, the owner having received notice of such and the Animal again
aggressively bites, attacks, or endangers the safety of humans, pets, or livestock.
(k) "Feral cat" means any cat that has no apparent owner or identification and is
apparently wild, untamed, unsocialized, unmanageable, and unable to be approached or handled.
(1) "Grooming parlor" means any place or entity, public or private, stationary or mobile,
where pets are bathed, clipped, or combed for the purpose of enhancing their aesthetic value and
for which a fee is charged.
(m) "Hearing examiner" means the Municipal Hearings Examiner established under
BMC 2.62.
(n) "Hybrid(s)" means the offspring of two animals of different species, such as the
offspring resulting from breeding a domesticated dog (Canis familiaris) with a wolf (Canis
lupus).
(o) "Impoundment" means when an animal is placed under the control or custody of the
animal control authority.
(p) "Juvenile cat" means a cat seven weeks to six months of age.
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(q) "Juvenile dog" means a dog seven weeks to six months of age.
(r) "Livestock" means animals including, but not limited to, all equine (horse, mule),
bovine (cattle), porcine (swine), caprine (goats), ovine (sheep), camelid (camel, llama, alpaca),
ratitae (ostrich, emu, rhea), domesticated poultry, game birds and waterfowl (as authorized by
the State of Washington), or federally-permitted fowl and other pen raised fowl, or other animals
raised primarily for use as food or fiber for human utilization or consumption.
(s) "Owner" means any person or entity which controls, maintains, possesses, has
custody of, or otherwise provides care, slielter, protection, restraint, refuge, food, or nourishment
in such a manner as to control an animal's activities.
(t) "Pet" means any animal maintained by a person or entity for the primary purpose of
personal enjoyment, exhibition, companionship or service including, but not limited to,
domesticated animals, such as cats and dogs, and non-domesticated animals suitable to living in
companionship with humans, such as some birds and mammals.
(u) "Pet shop" means a commercial establishment that acquires pets for the purpose of
resale.
(v) "Potentially dangerous animal" means any animal that when unprovoked:
(1) Inflicts a bite(s) on a human, pet, or livestock either on public or private
property;
(2) Chases or approaches a person upon the streets, side-walks, or any other
public grounds or private property in a menacing fashion or apparent attitude of attack; or any
animal;
(3) With a known propensity, tendency, or disposition to attack unprovoked, or to
cause injury or otherwise threaten the safety of humans, pets, or livestock on any public or
private property.
(w) "Provoke" means to intentionally agitate, harass, or excite an animal.
(x) "Service dogs" means any guide or signal dog individually trained to provide
assistance to an individual with a disability or that serves public or tribal law enforcement, as
well as any dog enrolled in a recognized formal training program for those types of services.
(y) "Severe injury" means any physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
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(z) "Wheeled vehicle" means any wheeled conveyance intended for use as a means of
transport of persons or goods.
7.04.030 Authority to Animal Control Authority.
(a) The City grants to the animal control authority the authority within RCW
Chapters 16.08, 16.10 and 16.52, and further vests in the animal control authority the primary
responsibility for animal control and for securing compliance with this title.
(b) Employees of the animal control authority over the age of twenty-one, who are
commissioned as Washington Humane Officers by the Superior Court, may be commissioned as
special officers by the Police Chief. When so commissioned, the officer shall thereby be charged
with the enforcement of all ordinances, statutes and regulations relating to the care, treatment,
control, impoundment, and licensing of animals. Such commissions may be issued and revoked
in the discretion of the Pohce Chief.
7.04.040 Animal control zone established
All of the area within the city limits of Bremerton is declared to be a single animal
control zone.
7.04.050 Construction
This title shall be liberally interpreted and construed to secure the public health, safety,
morals and welfare and the rules of strict construction shall have no application.
Chapter 7.08
LICENSES AND LICENSING REQUIREMENTS
Sections:
7.08.010 Cat and dog licenses
7.08.020 Cat and dog license procedure
7.08.030 Commercial pet facilities, grooming parlors and animal welfare facilities.
7.08.010 Cat and dog licenses.
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(a) Annual license. All dogs and cats shall be licensed annually or within thirty calendar
days from the date the owner acquires the animal or takes up residence in the City of Bremerton.
(b) License expiration. Cat and dog licenses shall expire one calendar year from the date
of issuance.
(c) Cat and dog license fee. License fees are set pursuant to BMC 3.01.050.
(d) Additional license fee. Licenses not renewed by the designated renewal date shall be
assessed an additional license fee of $10.00; provided, there shall be no additional license fee
where:
(1) The applicant has owned the cat or dog for less than thirty calendar days; or
(2) The applicant has resided in the city for less than thirty calendar days.
(e) Exemptions fi:om license fees. The following are exempt fi:om license fees:
(1) Cats and dogs in the temporary custody of a veterinarian or animal welfare
organization whose owners are unknown;
(2) Cats and dogs owned, and available for retail sale, by the owner or operator of
a licensed commercial pet facility; or
(3) Service dogs.
(f) Maximum number of household pets. Not more than the accumulative total of four
(4) of the following animals may be kept in conjunction with each permitted dwelling:
(1) Dogs, cats and ferrets over the age of six (6) months.
(2) Rabbits and similar animals over the age of three (3) months.
(3) Pigeons over the age of three (3) months.
7.08.020 Cat and dog license procedure.
(a) Issuance of licenses. The City Treasurer, animal control authority, or the authorized
agents thereof shall issue licenses pursuant to Sections 7.08.010, as specified in this section.
(b) Contents of license. The license shall contain the following:
(1) Date of issuance and date of expiration;
(2) A serial number;
(3) Type of animal, its name, age, color(s), sex, breed/mix, distinguishing
characteristics, and whether the animal is spayed or neutered;
(4) The name, address, and telephone number of the owner of the animal;
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(5) Permanent identification number or marking, such as microchip implant, if
applicable.
(c) License tag.
(1) With each license, the owner shall receive a license tag that shall contain the
serial number that corresponds to the serial number on the license and the date of license
expiration.
(2) The license tag need not be worn by the licensed cat or dog in a hunt or
sanctioned cat or dog show or while engaged in formal, recognized training. A microchip
implant may replace a license tag, provided that the license is renewed annually and the annual
license fee is paid.
(d) Transferabihty of licenses. Licenses are not transferable from one cat or dog to
another, but may be transferred from an original owner to a new owner; provided, that the new
owner records the transfer with the licensing agent within fourteen calendar days, pays a transfer
charge as provided for in BMC 3.01.050, and assumes responsibility for all future license fees
while maintaining ownership of the cat or dog.
(e) Lost tags. Lost license tags may be replaced by a substitute license or tag upon
application to the City Treasurer, the animal control authority, or their authorized agents thereof
and payment of a replacement charge, as provided for in BMC 3.01.050.
7.08.030 Commercial pet facilities, grooming parlors and animal welfare facilities.
(a) License required. Commercial pet facilities, grooming parlors, and animal welfare
facilities shall be licensed pursuant to BMC 3.01, BMC 5.03 and BMC 5.04.
(b) Operation requirements for commercial pet facilities and animal welfare facilities:
(1) Adequate food and water for each species, pursuant to Section 7.04.020(1),
and proper habitat and medical attention, if needed, shall be provided during normal business
hours and when the facilities are not open for business;
(2) Food shall be stored in a fashion that prevents contamination or infestation;
(3) The facilities shall be maintained and operated in a healthful and sanitary
manner, free from disease, infestation, and foul odors;
(4) Sick animals shall be isolated from healthy ones in quarters adequately
ventilated to prevent contamination of healthy animals;
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(5) Sick or injured animals shall receive appropriate medical treatment by or
under the auspices of a licensed veterinarian. Records shall be maintained reflecting treatment,
care, dates of veterinary visits, and the name of the veterinarian and veterinary clinic providing
treatment. Sick or injured animals shall not be sold, bartered, or otherwise transferred from a
commercial pet facility or animal welfare facility to a new owner until the illness or injury is
substantially healed, unless such transfer is to an animal welfare organization that assumed all
responsibility for providing the appropriate medical treatment;
(6) Cats and dogs shall receive age-appropriate vaccines and anthelmintics.
Records of such shall be maintained for each animal and made available to the animal control
authority and the Bremerton-Kitsap County Health District, including the name and address of
the attending veterinarian, if applicable;
(7) A copy of all medical records including, but not limited to, the records
described in subsections (5) and (6) shall be provided to new owners at the time the ownership of
the animal is transferred, or to the animal control authority upon request.
(c) Facility and individual housing and habitat requirements for commercial pet
facilities and animal welfare facilities:
(1) Indoor and outdoor animal housing facilities shall be in good repair, protect
the animals from injury, and shall provide sufficient security to contain the animals while
preventing entry by unwanted animals. Also, the habitat shall provide species-specific
requirements including, but not limited to, temperature, humidity, and hght.
(2) Indoor facilities shall:
(i) Provide the animal with adequate space for movement and ability to
sit, lie, stand, and stretch without touching the sides or top of housing;
(ii) Be heated or cooled to protect the animals from temperatures to which
they are not acclimated;
(iii) Be adequately ventilated;
(iv) Have interior walls, ceilings, and floors that are sealed and are
resistant to absorption of moisture or odors;
(v) Have flooring with a surface that can be sanitized and treated to
minimize growth of harmful bacteria;
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(vi) Have a waste collection and removal system that facilitates cleaning
and permits maintaining the facility in a sanitary condition; and
(vii) Have available a washroom with sink for hot and cold running water.
(3) Outdoor facilities shall:
(i) Provide adequate shelter and protection from adverse weather;
(ii) Provide sufficient room for adequate exercise and movement; and
(iii) When no indoor facility is available, outdoor facilities shall also:
(iv) Have flooring with a surface that can be sanitized and treated to
minimize growth of harmful bacteria;
(v) Have a waste collection and removal system that facilitates cleaning
and permits maintaining the facility in a sanitary condition; and
(vi) Have available a washroom with sink for hot and cold running water.
(d) Operation and facility requirements for grooming parlors. Grooming parlors shall:
(1) Not board animals;
(2) Provide restraining straps for animals to prevent injury while being groomed;
(3) Sterilize grooming equipment after each use;
(4) Not leave animals unattended when placed before a dryer;
(5) Not prescribe or administer treatment or medicine or otherwise engage in
veterinary practice as defined in RCW 18.92.010;
(6) Not confine more than one animal in the same cage unless so requested by the
owner of the animals;
(7) Be structurally sound and in good repair, designed to protect the animals from
injury, and provide sufficient security to contain the animals while preventing entry by unwanted
animals;
(8) Have grooming and animal containment areas with walls, ceilings and floors
that are sealed and resistant to absorption of moisture and odors; and
(9) Be cleaned and sanitized on a regular basis.
(e) Inspections. The animal control authority shall inspect existing or proposed
commercial pet facilities, animal welfare facilities, and grooming parlors in connection with its
licensing investigation and when inspections are necessary to ensure compliance with this title.
Such inspections shall be made during regular business hours.
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Chapter 7.10
IMPOUNDMENT AND QUARANTINE
Sections:
7.10.010 Impounding, redemption, and disposition of pets and/or livestock.
7.10.020 Quarantine.
7.10.010 Impounding, redemption, and disposition of pets and/or livestock.
(a) Impounding pets and/or livestock. Pets and/or livestock may be impounded in the
following situations:
(1) When the animal is at large;
(2) When the animal has been subjected to cruel treatment as defined by RCW
Chapter 16.52;
(3) When the animal has injured or bitten a person or other animal, and/or where
the animal poses a threat to people or other animals;
(4) When the animal is found in violation of any restrictions imposed by a court,
animal control authority or hearing examiner, relating to potentially dangerous animals; or to
Section 7.12.030 relating to Dangerous animals.
(5) When the animal is found in violation of Section 7.14.030(3) pertaining to
animal noise, after two written warnings to the owner within a calendar year;
(6) When the animal is found within the City limits and has previously been
declared to be a dangerous animal by a court, animal control authority or heating examiner.
(b) Place and manner of impoundment. Pets and livestock shall be impounded in the
place and manner designated by the animal control authority.
(c) Authority to pursue. Animal control authority employees may pursue pets or
livestock running at large onto City-owned property, vacant property and unenclosed private
property to seize, remove, and impound such animals. This shall not restrict the animal control
authority to pursue/impound an animal pursuant to RCW Chapter 16.52.
(d) Notice to owner. Forthwith following impoundment, the animal control authority
shall notify the owner of the animal of its impoundment; provided, if the owner of the animal is
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unknown, the animal control authority shall make reasonable efforts to notify the owner of the
impoundment.
(e) Redemption of impounded animals.
(1) Pets may be redeemed upon payment of an impound fee, a boarding fee, and
any appropriate license fees. All fees shall be charged per animal handled by the animal control
authority.
(i) The impound fee is $25.00, which amount shall double with each
offense. For example: $25.00, first offense; 50.00, second offense; $100.00, third offense.
(ii) The boarding fee shall be $15.00 per day.
(2) Livestock may be redeemed upon payment of an impound fee, a boarding fee,
and, if impounding requires special transportation, a special transportation fee. All fees shall be
charged per animal handled by the animal control authority.
(i) The impound fee is $50.00, which amount shall double with each
offense. For example: $50.00, first offense; $100.00, second offense; $200.00, third offense.
(ii) The boarding fee is 20.00 per day.
(iii) The special transportation fee is $75.00 per trip.
(f) Disposition of impounded animals not redeemed.
(1) When a pet is not redeemed, no sooner than ninety-six hours following
impoundment, the animal control authority may give or adopt the animal to an animal welfare
organization or qualified person, or euthanize the animal.
(2) When livestock is not redeemed, no sooner than seventy-two hours following
impoundment, the animal control authority may give or adopt the animal to an animal welfare
organization or qualified person, or may commence to auction the animal to the highest bidder
that can provide the animal with a suitable environment, or euthanize the animal. Notice of the
auction and a description of the livestock to be auctioned shall be published at least seven
calendar days prior to the sale in the official City newspaper. Such notice shall also be mailed to
the owner of the livestock, if known.
(3) When a feral cat is not redeemed, no sooner than twenty-four hours following
impoundment, the animal control authority may give or adopt the animal to an animal welfare
organization or qualified person, or euthanize the animal.
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(g) Disposition of sick or injured impounded animals. Sick or injured impounded
animals may be euthanized in accordance with RCW 16.52.210.
7.10.020 Quarantine.
A pet or livestock that bites and breaks the skin of any person may be impounded by the
animal control authority and, if impounded, shall be quarantined for ten calendar days to
determine if the animal is infected with a disease. The place of quarantine shall be established
by the animal control authority. The animal control authority may, in its discretion, allow the
owner of the animal to maintain the quarantine. Any boarding fees incurred during the
quarantine shall be paid by the owner of the animal. During the quarantine, the animal shall not
have contact or access to any person or any other pet or livestock other than with the owner of
the animal or animal control authority employees.
Chapter 7.12
DANGEROUS ANIMALS
Sections:
7.12.010 Potentially dangerous animals
7.12.020 Failure to control an animal declared potentially dangerous
7.12.030 Dangerous Animals.
7.12.040 Failure to control an animal declared dangerous
7.12.010 Potentially dangerous animals.
(a) Declaration of an animal as potentially dangerous. The animal control authority shall
have the authority to declare and restrict an animal potentially dangerous, if the animal control
authority has probable cause to believe that the animal falls within the defmitions set forth in
Section 7.04.020(22). The declaration must be based upon:
(1) The written complaint ora citizen who is willing to testify that the animal has
acted in a manner which causes it to fall within the definition of Section 7.04.020(22);
(2) Animal bite reports filed with the animal control authority;
(3) Actions of the animal witnessed by any employee of the animal control
authority or law enforcement officer; or
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(4) Other substantial evidence.
(b) Exclusions. An animal shall not be declared potentially dangerous if the animal
control authority determines, by a preponderance of the evidence, that the threat, injury, or bite
alleged to have been committed by the animal was sustained by a person who was at the time
committing a willful trespass or other tort upon the premises occupied by the owner of the
animal, or who was tormenting, abusing, or assaulting the animal, or who had been in the past
observed or reported to have tormented, abused, or assaulted the animal, or who was committing
or attempting to commit a crime.
(c) Restrictions. The animal control authority may impose any or all of the following
restrictions on an animal to protect the public safety or other animals:
(1) Training. The animal control authority may require the owner of the
potentially dangerous animal and the animal to attend, complete, and pay all costs associated
with an accredited obedience/training class or seminar. The animal control authority shall
pre-approve any choice of class by the owner of the animal, and proof of satisfactory completion
of such training shall be provided to the animal control authority upon completion, even if such
type of training has been completed by the animal in the past.
(2) Restraint. The animal control authority may require the owner of the
potentially dangerous animal to muzzle, leash, collar, confine, lock, isolate, or remove the animal
fi-om the City, or any combination of the foregoing.
(3) Indemnification. The animal control authority may require the owner of the
potentially dangerous animal to prove purchase of liability insurance or bond and renewals in the
amount of $50,000.00 or more, as set by the animal control authority. The insurer/bond issuer
must be qualified under Title 48, RCW, and must provide coverage/funds to offset any injuries
inflicted by the potentially dangerous animal. All costs associated with the insurance/bond must
be paid by the insured.
(4) Waming. The animal control authority may require the owner of a potentially
dangerous animal to post all entrances to any property where such animal is located with such
visible warning sign(s) as the animal control authority deems necessary.
(5) Financial responsibility. The animal control authority may require the owner
of a potentially dangerous animal to pay any costs associated with enforcement of this section
including, but not limited to, those stated above.
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(d) Prohibited ownership. No person(s) under the age(s) of eighteen years old shall own
a potentially dangerous animal, as defined in Section 7.04.020(22).
(e) Notice of animal control authority declaration. If the animal control authority
receives a report of a potentially dangerous animal, it shall immediately initiate an investigation
including, but not limited to, interviewing the complainant(s), interviewing the owner of the
animal, if known, and observing the animal. Upon completion of its investigation, if the animal
is declared potentially dangerous, the animal control authority shall prepare a written declaration.
The declaration shall include, but is not limited to, a description of the animal, the name and
address of the owner of the animal, if known, a brief summary of the facts upon which the
declaration is based, a statement of any restrictions placed on the animal or owner as a
consequence of the declaration, a statement of the penalties for further violations, and notice of
the right to appeal the declaration.
(f) Service of notice of declaration. The animal control authority shall personally serve
or send by certified mail its declaration to the owner of the animal. If the owner is unknown, the
animal control authority shall make reasonable efforts to notify the owner of its written
declaration.
(g) Appeal to hearing examiner. The owner of an animal declared potentially dangerous
shall have fourteen calendar days from receipt of the written declaration to appeal the declaration
to the City of Bremerton Municipal Court Hearings Examiner. Within seven calendar days of
receiving the written notice of appeal, the City of Bremerton Municipal Court Hearings
Examiner shall schedule an appeal heating before the hearing examiner and provide written
notice of the hearing to the owner of the potentially dangerous animal, the animal control
authority, and the hearing examiner.
(h) Hearing before hearing examiner. At the appeal hearing before the hearing examiner,
the animal control authority shall have the burden of proving that the animal is potentially
dangerous by a preponderance of the evidence. The owner of the animal may present evidence
in defense of the animal. The hearing examiner shall weigh the evidence presented by both the
animal control authority and the owner (if applicable), and shall issue a written decision to the
appealing animal owner and animal control authority that either sustains or reverses the animal
control authority's declaration. If the declaration is sustained or reversed by the hearing
examiner, the appealing animal owner or the animal control authority shall be notified of the
17
Animal Control
fight to appeal. If the declaration is reversed and an appeal is not timely filed by the animal
control authority, any restrictions on the animal previously imposed shall be annulled.
(i) Appeal of hearing examiner's decision. Either the owner of an animal declared
potentially dangerous by the authority or the animal control authority itself may appeal the
decision of the hearing examiner. A written appeal shall be filed with the clerk of the Superior
court within fourteen calendar days after the date of the hearing examiner's written decision.
0) Change of ownership, custody, and/or residence. Owners of an animal that has been
declared potentially dangerous who sell, barter, or otherwise transfer the ownership, custody, or
residence of the animal shall, within fourteen calendar days of the change, inform the animal
control authority in writing of the name, address, and telephone number of the new owner, and/or
the address of the new residence where the animal is located. Such notice shall also include the
name, description, and license number of the animal. In the event the ownership and/or custody
of the animal changes, the owner shall notify the new owner in writing of the details of the
animal's record relating to being declared potentially dangerous and the terms and conditions of
the declaration. The owner shall also provide the animal control authority with a copy of the
written notification that shall contain a notarized statement by the new owner acknowledging
receipt of the original notification.
(k) Failure to abide by restraints. Failure on the part of the owner(s) of a potentially
dangerous animal to abide by the restraints placed upon the owner(s) or their arfimal by the
animal control authority, hearing examiner, district court, or superior court may result in
impoundment of the potentially dangerous animal by the animal control authority as well as
further punitive action pursuant to Section 7.12.020.
7.12.020 Failure to control an animal declared potentially dangerous.
(a) Misdemeanor. When an animal has been previously declared potentially dangerous,
by a court, animal control authority or hearing examiner, the owner of the potentially dangerous
animal shall be guilty of a misdemeanor if such animal is thereafter found:
(1) At large;
(2) To have, when unprovoked, inflicted a bite(s) upon a human, pet, or livestock
either on public or private property;
18
Animal Control
(3) To have chased or approached a person upon the streets, side-walks, or any
other public grounds in such a manner as to significantly threaten the safety of humans, pets, or
livestock; or
(4) To have caused injury to or otherwise threatened the safety of humans, pets,
or livestock. This section shall not preclude immediate criminal prosecution under RCW
16.08.100 in a first bite situation causing severe injury or death of any human.
(b) Impoundment of potentially dangerous animals. In the event that a potentially
dangerous animal is impounded due to the owner's failure to abide by the restraints imposed by
the animal control authority, hearing examiner, district court, superior court or Municipal court, a
hearing shall be set within seven calendar days by the hearing examiner to determine whether the
animal should be returned to the owner, forfeited by the owner, or euthanized by the animal
control authority. Notice of the hearing shall be as provided in Section 7.12.010(0. In the event
that the heating examiner determines that the animal should not be returned to the owner, the
animal control authority may adopt or give the animal to an animal welfare organization or
qualified individual, or euthanize the animal. An owner may prevent the animal's destruction or
adoption by taking the following steps within seven calendar days of the hearing examiner's
decision:
(1) Petitioning the superior court for the animal's immediate remm subject to
court-imposed conditions; and
(2) Posting a bond or security in an amount sufficient to provide for the animal's
care for a minimum of thirty calendar days from the seizure date.
If the animal control authority still has custody of the animal when the bond or security
expires, the animal shall become the animal control authority's property unless the court orders
an alternative disposition. If a court order prevents the animal control authority from assuming
ownership and it continues to care for the animal, the court shall order the owner to renew a bond
or security for the continuing costs for the animal's care.
7.12.030 Dangerous animals.
(a) Declaration of an animal as dangerous. The animal control authority shall have the
authority to declare an animal as dangerous, if the animal control authority has probable cause to
19
Animal Control
believe that the animal falls within the definitions set forth in Section 7.04.020(10). The
declaration must be based upon:
(1) The written complaint of a citizen who is willing to testify that the animal has
acted in a manner which causes it to fall within the definition of Section 7.04.020(10);
(2) Animal bite reports filed with the animal control authority;
(3) Actions of the animal witnessed by any employee of the animal control
authority or law enforcement officer; or
(4) Other substantial evidence.
(b) Exclusions. An animal shall not be declared dangerous if the animal control
authority determines, by a preponderance of the evidence, that the threat, injury, or bite alleged
to have been committed by the animal was sustained by a person who was at the time
committing a willful trespass or other tort upon the premises occupied by the owner of the
animal, or who was tormenting, abusing, or assaulting the animal, or who had been in the past
observed or reported to have tormented, abused, or assaulted the animal, or who was committing
or attempting to commit a crime.
(c) Possession unlawful. It shall be unlawful to possess an animal, inside the City Limits
of Bremerton, that has been declared to be dangerous by any agency, animal control authority,
municipality or court. This prohibition on possession does not apply to the animal control
authority or police department. It is a Gross Misdemeanor to violate this provision.
(d) Euthanasia. If the animal control authority determines that the restrictions placed on
the ownership of dangerous dogs/animals by RCW 16.08 or other applicable state statutes are
insufficient to protect the public from a particular animal declared dangerous, the animal control
authority may order the animal euthanized.
(e) Notice of animal control authority declaration. If the animal control authority
receives a report of a dangerous animal, it shall immediately initiate an investigation including,
but not limited to, interviewing the complainant(s), interviewing the owner of the animal, if
known, and observing the animal. Upon completion of its investigation, if the animal is declared
dangerous, the animal control authority shall prepare a written declaration. The declaration shall
include, but is not limited to, a description of the animal, the name and address of the owner of
the animal, if known, a brief summary of the facts upon which the declaration is based, a
statement of any restrictions placed on the animal or owner as a consequence of the declaration,
20
Animal Control
a statement of the penalties for further violations, and notice of the right to appeal the
declaration.
(f) Service of notice of declaration. The animal control authority shall personally serve
or send by certified mail its declaration to the owner of the animal. If the owner is unknown, the
animal control authority shall make reasonable efforts to notify the owner of its written
declaration.
(g) Appeal to hearing examiner. The owner of an animal declared dangerous shall have
fourteen calendar days from receipt of the written declaration to appeal the declaration to the
City of Bremerton Municipal Court Hearings Examiner. Within seven calendar days of
receiving the written notice of appeal, the City of Bremerton Municipal Court Hearings
Examiner shall schedule an appeal hearing before the hearing examiner and provide written
notice of the hearing to the owner of the dangerous animal, the animal control authority, and the
hearing examiner.
(h) Hearing before hearing examiner. At the appeal hearing before the hearing examiner,
the animal control authority shall have the burden of proving that the animal is dangerous by a
preponderance of the evidence. The owner of the animal may present evidence in defense of the
animal. The hearing examiner shall weigh the evidence presented by both the animal control
authority and the owner (if applicable), and shall issue a written decision to the appealing animal
owner and animal control authority that either sustains or reverses the animal control authority's
declaration. If the declaration is sustained or reversed by the hearing examiner, the appealing
animal owner or the animal control authority shall be notified of the right to appeal. If the
declaration is reversed and an appeal is not timely filed by the animal control authority, any
restrictions on the animal previously imposed shall be annulled.
(i) Appeal of hearing examiner's decision. Either the owner of an animal declared
dangerous by the authority or the animal control authority itself may appeal the decision of the
hearing examiner. A written appeal shall be filed with the clerk of the Superior court within
fourteen calendar days after the date of the hearing examiner's written decision.
(j) Change of ownership, custody, and/or residence. Owners of an animal that has been
declared dangerous who sell, barter, or otherwise transfer the ownership, custody, or residence of
the animal shall, within fourteen calendar days of the change, inform the animal control authority
in writing of the name, address, and telephone number of the new owner, and/or the address of
21
Animal Control
the new residence where the animal is located. Such notice shall also include the name,
description, and license number of the animal. In the event the ownership and/or custody of the
animal changes, the owner shall notify the new owner in writing of the details of the animal's
record relating to being declared dangerous and the terms and conditions of the declaration. The
owner shall also provide the animal control authority with a copy of the written notification that
shall contain a notarized statement by the new owner acknowledging receipt of the original
notification.
7.12.040 Failure to control an animal declared dangerous.
(a) Gross Misdemeanor. When an animal has been previously declared dangerous, by a
court, animal control authority or hearing examiner, the owner of the dangerous animal shall be
guilty of a gross misdemeanor if such animal is thereafter found:
(1) Inside Bremerton City limits;
(2) To have, when unprovoked, inflicted a bite(s) upon a human, pet, or livestock
either on public or private property;
(3) To have chased or approached a person upon the streets, side-walks, or any
other public grounds in such a manner as to significantly threaten the safety of humans, pets, or
livestock; or
(4) To have caused injury to or otherwise threatened the safety of humans, pets,
or livestock. This section shall not preclude immediate criminal prosecution under RCW
16.08.100 in a first bite situation causing severe injury or death of any human.
(b) Impoundment of dangerous animals. In the event that a dangerous animal is
impounded due to the owner's failure to abide by the restraints imposed by the animal control
authority, hearing examiner, district court, superior court or Municipal court, a heating shall be
set within seven calendar days by the hearing examiner to determine whether the animal should
be returned to the owner, forfeited by the owner, or euthanized by the animal control authority.
Notice of the heating shall be as provided in Section 7.12.030(g). In the event that the heating
examiner determines that the animal should not be returned to the owner, the animal control
authority may adopt or give the animal to an animal welfare organization or qualified individual,
or euthanize the animal. An owner may prevent the animal's destruction or adoption by taking
the following steps within seven calendar days of the heating examiner's decision:
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Animal Control
(1) Petitioning the superior court for the animal's immediate return subject to
court-imposed conditions; and
(2) Posting a bond or security in an amount sufficient to provide for the animal's
care for a minimum of thirty calendar days from the seizure date.
If the animal control authority still has custody of the animal when the bond or security
expires, the animal shall become the animal control authority's property unless the court orders
an alternative disposition. If a court order prevents the animal control authority from assuming
ownership and it continues to care for the animal, the court shall order the owner to renew a bond
or security for the continuing costs for the animal's care.
Chapter 7.14
MISDEMEANORS, INFRACTIONS AND PENALTIES
Sections:
7.14.010 Misdemeanors/Gross Misdemeanors
7.14.020 Misdemeanor/Gross Misdemeanor penalties
7.14.030 Infractions
7.14.040 Infraction penalty
7.14.050 Infraction procedure
7.14.060 Enforcement by civil action
7.14.010 Misdemeanors/Gross Misdemeanors.
(a) The following are declared to be misdemeanors:
(1) Removing License Tag. For a person other than the owner, keeper or other
authorized person to remove the license tag fi:om an animal required or permitted to be licensed
pursuant to this title;
(2) No Valid License. To operate a commercial pet facility, animal welfare
facility, or grooming parlor without a valid license;
(3) Regulatory Violations. To operate a commercial pet facihty, animal welfare
facility, or grooming parlor in a fashion contrary to that required by Section 7.08.030;
(4) Failure to Respond. To fail to respond to a notice of infraction issued pursuant
to Section 7.14.030;
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Animal Control
(5) Abandonment of Animal. For an owner or keeper to have an animal under
circumstances which manifest an intent to abandon it;
(6) Selling an Ill or Injured Animal. For an owner or keeper to sell an animal
knowing it to be ill or injured;
(7) Refusal to Quarantine. For an owner or keeper to refuse to quarantine or
permit the quarantine of an animal when and as required by Section 7.10.020;
(8) Interfering with Impounding. For a person to prevent, obstruct or hinder the
impoundment of an animal pursuant to Section 7.10.010;
(9) Possession of Any Creature that is Venomous, Poisonous, Wild or otherwise
prohibited. For a person to own or maintain any lion, tiger, bear, monkey, chimpanzee, gorilla,
cougar, mountain lion, badger, wolf, hybrid, coyote, fox, lynx, alligator, camen, crocodile, or
venomous/poisonous creature, or other wild animals; provided, that circuses, zoos, licensed
trappers and animal welfare organizations are exempt from this regulation if proper safeguards
are taken, as required in the event permitting process, to protect the public and that the animal
control authority is notified of their arrival and duration of stay in the City. Provided further,
that state-registered wildlife rehabilitation centers are exempt from this section with regard to
care and rehabilitation of those wild animals that are indigenous to North America;
(10) Possession of any snake over 7 ft in length. For an owner and/or keeper of
an animal to maintain possession of any snake after it has exceeded 7 feet in length.
(11) Failing to First Obtain Written Court Approval. For an owner and/or keeper
of an animal declared dangerous or potentially dangerous to transfer the ownership, custody or
residence of the animal without first obtaining written court approval from the court or authority
which declared the animal dangerous or potentially dangerous.
(12) Cruelty to Animals. Any person who is in any manner or by any means
guilty of any cruelty to any animal is guilty of a misdemeanor. Examples of cruelty for the
purposes of this section are as follows (this list is not intended as or to be interpreted as an
inclusive limited list):
(i) Willfully or inhumanely injure or kill any animal;
(ii) Intentionally cause or fail to alleviate any pain, suffering or injury of
any animal;
24
~lnimal Control
(iii) Willfully lay out, leave or expose any poison intended for animals or
fowl on any premises, or aid or abet any person in so doing, unless in accordance with the
provisions of RCW 16.52.190;
(iv) Confine an animal within a motor vehicle under conditions that may
endanger the health or well-being of the animal, including but not limited to extreme
temperatures or lack of food or water.
Any animal control or police officer is authorized to remove an animal from a motor
vehicle, at any location, when the officer reasonably believes the animal is confined in violation
of this section.
An animal so removed shall be delivered to the animal control shelter of the animal
control authority. The removing officer shall leave written notice of the removal and delivery,
including the officer's name in a conspicuous, secure location on or within the vehicle.
(13) Failure to control an animal declared potentially dangerous pursuant to
Section 7.12.020. Any such potentially dangerous animal may be impounded by the animal
control authority;
(14) Failure to report striking of an animal with a vehicle. Any person who fails
to report the striking of an animal to the animal control authority or law enforcement. No person
shall be held liable for the injury or death of an animal under this section unless found to have
committed a crime pursuant to the provisions ofRCW 16.52 or this section;
(15) Ownership by a person under the age of eighteen years old of any dangerous
or potentially dangerous animal.
(b) The following are declared to be gross misdemeanors:
(1) Obstructing a law enforcement officer/animal control authority. For any
person to willfully hinder, delay, or otherwise obstruct any law enforcement officer including,
but not limited to, any animal control authority employee in the discharge of the employee's
official powers or duties;
(2) Possession of or failure to control an animal previously declared dangerous
by a court, animal control authority or hearings examiner. Any such potentially dangerous
animal may be impounded by the animal control authority;
(3) Habitual violators. Any owner receiving two or more convictions, singularly
or in combination, of crimes relating to animals within a five-year period, or four or more
25
Animal Control
infractions, singularly or in combination, pursuant to Section 7.14.030 found to be committed by
the Municipal court within a five-year period.
7.14.020 Misdemeanor/Gross Misdemeanor penalties.
Any person, firm or corporation violating any provision of Section 7.12.020 and/or
Section 7.14.010 (a) shall be guilty ora misdemeanor and any person, firm or corporation
violating any provision of 7.12.040 or 7.14.010 (b) shall be guilty of a gross misdemeanor, and
each such person, firm or corporation shall be deemed guilty of a separate offense for each and
every day or portion thereof during which any violation of Section 7.12.020, 7.12.040 and/or
Section 7.14.010 is committed, continued or permitted. Upon conviction of any misdemeanor
violation, such person, firm or corporation shall be punished by a frae of not more than $1000.00
or by imprisonment for not more than ninety days, or by both such fine and imprisonment. Upon
conviction of any gross misdemeanor violation, such person, firm or corporation shall be
punished by a fine of not more than $5000.00 or by imprisonment for not more than one year, or
by both such fine and imprisonment.
7.14.030 Infractions.
(a) The following are declared to be Class 1 civil infractions:
(1) Animal at large. For the owner ora pet or livestock to suffer or permit such
animal to leave the premises of the owner, unless the animal is under physical restraint adequate
to the size and nature of the animal or is sufficiently near its owner to be under its owner's direct
control and is obedient to its owner's commands, except that all dogs must be leashed when not
on the premises of the owner. Exceptions to this restriction are pets engaged in formal training,
hunt or competition, or service dogs engaged in an activity for which they are trained or in
service;
(2) Animal in heat. For the owner of a pet in heat to keep such an animal where
it is accessible to male animals, unless such accessibility is for the purpose of planned breeding;
(3) Animal noise. For any person(s) to own any animal which by its barking,
howling, baying, squealing, crowing, crying, bleating, screeching, or making any other noise by
its volume or frequency unreasonably disturbs or interferes with the peace of any person(s) for
more than fifteen minutes in any one-hour period of any day, and is documented by three or
26
Animal Control
more separate episodes of such noise in a sequential seven-day period. The burden is upon the
owner of such animal(s) to maintain quiet. Exceptions to this subsection are farm animals in
permitted zones, commercial pet facilities, animal welfare facilities, veterinary hospitals, or
grooming parlors otherwise in compliance with the Bremerton Municipal Code including, but
not limited to Section 7.08.030, or those who can substantiate that such animal noise was caused
by an injury or illness of the animal(s) or by willful trespass, torment, or abuse of the animal(s)
on its property by others.
Enforcement may be undertaken only upon written receipt of a complaint made to either
the animal control authority or law enforcement by a person(s) residing at or who is employed in
an area affected by such public noise disturbance. Any such animal(s) shall be deemed a
nuisance and may be seized and impounded, pursuant to Section 7.10.010(a), if the disturbance
reoccurs after the owner or custodian of such animal(s) has received two written warnings from
either the animal control authority or law enforcement within a calendar year;
(4) Damaging property. For the owner of a pet or livestock to suffer or permit
the animal to leave the premises of the owner and thereafter cause damage to any thing of value
or any other pet or livestock;
(5) Disturbing pedestrians. For the owner of a pet or livestock, when off the
property of the owner or in a wheeled vehicle, to suffer or permit the animal to disturb people
lawfully on public ways;
(6) Chasing vehicles. For the owner of a pet or livestock to suffer or permit the
animal to chase or run at or after vehicles lawfully on public ways;
(7) Reporting and releasing stray animals. For any person to fail to notify the
animal control authority that a stray pet or livestock is in the person's possession, or to refuse to
release such stray animal to the animal control authority upon demand;
(8) Releasing animal. For any person except the owner or other authorized
person to release any pet or livestock from confinement;
(9) Excess number of animals. To own more than a total of four (4) household
pets as provided in BMC 7.08.010(f) at the same place or residence without a valid commercial
pet facility or animal welfare facility license;
(10) Failure to license. To fail to license a cat or dog as required by Section
7.08.010(a);
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Animal Control
(11) Animal bites. To own a pet or livestock that bites a person while such
person is on public property or lawfully on private property;
(12) Agitating an animal. To intentionally agitate, harass, or provoke a pet or
livestock;
(13) Failing to notify animal control authority of change of ownership, custody,
and/or residence. For any owner of an animal that has been declared dangerous or potentially
dangerous to sell, barter, or otherwise transfer the ownership, custody, or residence of such an
animal without notifying the animal control authority within fourteen calendar days of the
change as required by Section 7.12.010(j) or to otherwise fail to comply with the requirements of
that section;
(14) Sale, barter, or other transfer of pets in public places prohibited. It is
unlawful to sell, barter, or otherwise transfer for the purpose of changing ownership any pet in an
area open to the public, unless such activity is pursuant to Section 7.08.030, or occurs at a
sanctioned dog or cat show;
(15) Failure to provide adequate care. For any owner of a pet or livestock to fail
to:
(i) provide adequate food and water for any pet or livestock, as defined in
Section 7.04.020(1);
(ii) provide adequate shelter for any pet or livestock, as defined in Section
7.04.020(2), except as may be appropriate for short term medical requirements or generally
accepted livestock husbandry practices such as swine farrowing;
(iii) provide appropriate habitat and medical care; or
(iv) maintain facilities housing pets in a healthful, sanitary, and safe
manner.
(16) Confinement of an animal in a wheeled vehicle. No person shall confine
any pet or livestock in a wheeled vehicle in such a manner that places the animal in a life- or
health-threatening situation by exposure to a prolonged period of heat or cold, without proper
ventilation or other protection from such heat or cold. In order to protect the health and safety of
such animal, an animal control authority employee or law enforcement officer who has probable
cause to believe that this section is being violated shall have the authority to enter such vehicle to
remove such animal by any reasonable means under the circumstances after making a reasonable
28
Animal Control
effort to locate the owner. No law enforcement officer or animal control authority employee
shall be held liable for any damage to property resulting from actions taken under this section or
pursuant to RCW Chapter 16.52;
(17) Transporting a pet or livestock in the open bed of a pickup truck or other
outside part of a vehicle unless a suitable harness, cage, or enclosure is utilized and attached so
as to protect such animal from falling or being thrown from the vehicle, and would not by its
design or application cause injury to the animal;
(18) Pets chasing livestock. For the owner ora pet to permit that animal to harass
or chase another owner's livestock, when not engaged in the specific work of herding approved
by the owner of the livestock;
(19) Animal waste. For the owner of a pet to fail to remove deposits of fecal
material originating from the owner's animal from public or private property unless the owner of
such property has given permission for such material to be deposited. This shall not authorize
such deposits as are otherwise governed by public health regulations or other provisions of this
code.
(20) Outdoor Feeding. To feed or allow any domestic or wild animals or birds to
feed outdoors at such times and in such numbers that feeding birds or animals create and
Unreasonable disturbance or accumulation of droppings on surrounding properties, including
public property.
7.14.040 Infraction penalty.
The base penalty for any infraction specified in Section 7.14.030 shall be $76.00 for the
first violation, $142.00 for the second infraction committed within one calendar year, and
$192.00 for the third and subsequent infractions committed within one calendar year. In addition
to the base penalty, a public safety and educational assessment and any other assessments
required by statute shall be imposed. Each and every day or portion thereof in which an
infraction is committed shall constitute a separate and distinct infraction.
7.14.050 Infraction procedure
Infractions under this title shall, insofar as possible, be charged and processed pursuant to
justice court traffic infraction rules as now or hereafter amended.
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Animal Control
7.14.060 Enforcement by civil action
Any action or inaction by any animal or the owner or keeper thereof which is contrary to
the provisions of this title, regardless if such constitutes a crime or infraction hereunder, shall be,
and the same are declared to be unlawful and a public nuisance and compliance with this title
may be enforced by an action for abatement or injunction brought by an affected citizen or by the
prosecuting attorney.
Chapter 7.16
LIVESTOCK RESTRICTED AREAS
Sections:
7.16.010 Established
7.16.010 Established
A city-wide livestock restricted area is established, closing the following territory to the
running at large of any and all kinds of livestock:
All properties within the described boundaries of Bremerton, Washington.
SECTION 3. Rate Tables A and D of Chapter 3.01 of the Bremerton Municipal
Code are hereby amended to read as set forth in Exhibits A and B, respectively, attached hereto.
SECTION 4. Severabili~. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 5. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
30
Animal Control
APPROVED by the City Council the~ day of ~ ,2002
PASSED by the City Council the~~.~ day of ~ ~ ~. ,2002
CAROL ARENDS, Council President
Approved this. /~(.., day of ~ ,2002
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
KAT~I~I~EN Y, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the~ day of ~ ,2002
EFFECTIVE the~day of 0"aJ'~,~,-,,ta_, ,2002
ORDtNANCE NO..4Z~'~ 7
R:kLEGAL\0rdinances~mimal Control Ordinance. doc
31
Animal Control
AD.~.-.NISTRATIVE SERVICES - RATE TA,_,,= A
All Rates Listed Are "Not To Exceed" Fees
ADMINISTRATIVE SERVICES
REGULATORY LICENSE FEES 2002 RATE
BMC 5.76 Advertising $192/yr or
$40/30 days
BMC 5.50 Ambulance Co.
Ambulance Inspections $57/veh/semi-
annual
BMC 5.17 Charitable Solicitation
Non-Profit $12/60 days
Professional Fundraiser $645/60 days
BMC 5.25 Christmas Tree Lots $65/Iot/yr
BMC 5.22 Dance/Public $254/yr or
$65/30 days
BMC 5.96 Erotic Dance Studios $645/yr
Dancers $65/yr
BMC 5.30 Farmers Market $439/yr
BMC 9.48 Fireworks Stands $100/stand/yr
BMC 5.42 Hotel/Motel $34+$2/rm
BMC 10.24 Housemoving/Oversize Loads $517+$65/mile
to .10 of a mile
BMC 5.98 Limousine Service $131/veh/yr
BMC 5.16 Mobile Food Vendor $131/veh/yr
BMC 5.10 Pawnbroker $645/yr
BMC 5.16 Peddlers $65/yr or
$12/30days
BMC 5.04 Petshops $32! 150/yr
Groominq Parlors $50/yr
Animal Welfare Facilities $50/yr
BMC 5.10 Secondhand Dealer $131/yr
BMC 5.98 Shuttlebus $131/veh/yr
BMC 5.36 Special Events:
Profit $645/event
Table A - A1
- ADMINISTRATIVE SERVICES - RATE'TABLE A All Rates Listed Are "Not To Exceed" Fees
REGULATORY LICENSE FEES 2002 RATE
Non-Profit $63/event
BMC 5.20 Street/Sidewalk Vendors $195/yr
BMC 5.54 Taxicabs $300/veh/yr
Taxi Drivers $65/yr
BMC 5.16 Temporary Merchant $300130 days
BMC 5.38 Theatre $260/yr
BUSINESS LICENSE FEE 2002 RATE
BMC 5.02 $50/yr
PARKING 2002 RATE
One-Street Locations Not to Exceed
$20/3 hrs
$30/10 hfs
Off-Street Location Not to Exceed
$20/3 hrs
$30/10 hrs
Parking Garage Not to Exceed
$100/mo
DOCUMENT REPRODUCTION FEES 2002 RATE
Per Page $. 15lpg
Audio or Video Tapes Cost of Tape
+$8.50
Computer Disks $8.50
Certification $3
Blue Prints - Aerial Photos, Drawings, Maps $7/pg
Documents:
Medical Records $19/lSt 5 pages
$.83/Pgs 6-31
$.63/Pgs 31+
Fire Reports $. 15/pg
_ Budget $25
Annual Report $25
Table A - A2
ADMINISTRATIVE SERVICES - RATE'TABLE A
All Rates Listed Are "Not To Exceed" Fees
CHECK HANDLING FEE $40
Table A - A3
P~aLICE DEPARTMENT- RATE TABLE
All Rates Listed Are "Not To Exceed" Fees
POLICE DEPARTMENT 12/31/1999 01/01/01 01101102
RATES RATES RATES
Traffic Accident Reports $5.00 $6.00 $7.00
Fingerprints - 1st Card $6.00 $7.00 $8.00
Each Additional Card $6.00 $7.00 $8.00
Criminal History Check $6.00 $7.00 $8.00
Verification Letter for Lost or Stolen Property $6.00 $7.00 $8.00
Photo Prints Actual Cost of Actual Cost of Actual Cost of
(Per Set When in Possession of the Dept.) Processing Processing Processing
Licenses for Dogs and Cats
For Each Cat Spayed or Neutered $5.50 $6.00 $6.50
(Upon Proof of Spaying or Neutering)
For Each Dog Spayed or Neutered $10.00 $10.50 $11.00
(Upon Proof of Spaying or Neutering)
For Each Cat Not Spayed or Neutered $11.00 $12.00 $ ..... 35.00
For Each Dog Not Spayed or Neutered $20.00 $21.00 $22.0035.00
!mpoundmcntv, ''~ ~'~+"~-.. - ~- n,~,~v~ (Each !ncldcnt)
l st Impoundment ¢,~n nn ~ ¢~n nn
Alarm Compliance Fee
1st False Alarm in any I Qua~er $30.00 $35.00 $40.00
2nd False Alarm in the same Qua~er $60.00 $70.00 $80.00
3rd False Alarm in the same Quader $120.00 $140.00 $160.00
or Subsequent Alarms in a Calendar Quader
Se~ice Fee for Anti-Harrassment Order $30.00 $35.00 $40.00
Table D - D1
. .
AFFIDA VIT OF PUBLICATION
County of Kitsap, State of Washington
No. 100009239
I, Melinda Monroe, being first duly sworn on oath, deposes and says: That she is now, and at all
times embraced in the publication herein mentioned was the principal clerk of the printers and
publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of
the /superior Court of the Count of Kitsap, in which County it is published and is now and has
been for more than six months prior to the date of the publication hereinafter referred to,
published in the English language continually as a daily newspaper in Bremerton, Kitsap County,
Washington, and is now and during all of said time, was printed in an office maintained in the
aforesaid place of publication of said newspaper; that the following is a true text of a legal
advertisement as it was published in regular issues (and not in supplement form) of said
newspaper on the following dates, to wit: June 18,2002 during all of said period. That he full
amount of the fee charged for the foregoing publication is the sum of $38.08 which amount has
not been paid in full.
ryy\j~~ 0-~
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of June 20, 2002.
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Notary Public in and for the State of Washington, Kitsap County.
ORDINANCE NO. 4807'
AN ORDINANCE of the City Council of the City of Bremerton,
Washington, amending Rate Tables A and D of Chapter 3.01 of the
Bremerton Municipal Code updating Administrative Services and
Police Department Rate Tables; repealing and replacing Chapter
5.04 of the Bremerton Municipal Code relating to petshops and
kennels; and repealing and replacing Title 7 of the Bremerton
Municipal Code relating to animals and fowl.-
APPROVED by the City Council the 29th day of May, 2002-
PASSED by the City Council the 12th day of June, 2002-
The full text of this ordinance is available from the City
Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.-
June 18, 2002--#100009239-