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HomeMy WebLinkAbout4866 ORDINANCE NO. ~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending certain chapters of T~tle 7 of the Bremerton Municipal Code to amend provisions of Chapters 7.12 and 7.14 relating to animal control and repealing Chapter 7.16 relating to livestock restricted areas. WHEREAS, the current provisions of Title 7 of the Bremerton Municipal Code relating to animal control were recently enacted to provide for updated entbrcement; and WHEREAS, the City Council desires to amend the provisions relating to animal control in order to provide a more efficient and effective hearing process relating to animal control authority decisions and to provide for other related amendments; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION L Chapter 7.12 of the Bremerton Municipal Code entitled" Dangerous Animals" is hereby amended to read as follows: Chapter 7.12 DANGEROUS ANIMALS 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 definitions set forth in Section 7.04.020(v). 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 w/thin the definition of Section 7.04.020(v); (2) Animal bite reports filed with the animal control authority; (3) Actions of the anknal witnessed by any employee of the animal control authority or law enfomement officer; or (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 Animal Control 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 wanting 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 enforcmnent of this section including, but not limited to, those stated above. (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(v). (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 the municipal court hearing examiner. The owner of an animal declared potentially dangerous shall have fmmee~seven (7) calendar days fi:om receipt of the written declaration to appeal the declaration to the G~-8~m~'~M_municipal C-~_ourt t4hearings g_examiner pursuant to BMC 2.62.045. Unless otherwise agreed to by the animal owner, the appeal hearing must be scheduled to be heard within 21 calendar days from the City's receipt of the notice of appeal. Within ........ 1~--.~1~. ~1 ..... C .... ;,T:~ t-I~ ..,-MI-, .... ~-1~ ~r aFgca!, tThe ~municipal Gc_ourt P~_earings ~_examiner shall ~ch ....... ~m- .......... ~ ................. ~ ............... provide written notice of the hearing date and Animal Control time to the owner of the potentially dangerous animal and to ~-the animal control authority, anti ~. Such notice must be provided at least seven (7) calendar days prior to the scheduled hearing. (h) Heating before the municipal court hearing examiner. At the appeal hearing before the municipal court heating 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 municipal court hear/ng 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 tlc (~) 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 whtten notification that shall conta'm a notarized statement by the new owner acknowledging receipt of the original notification. (ih) Failure to abide by restraints. Failure on the part of the owner(s) of a potentially dangerous animal to abide by the restra'mts placed upon the owner(s) or their animal by the animal control authority, municipal court 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 municipal court heating 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; (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 3 Animal Control 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, municipal court hearing examiner, district court, superior court or m_Municipal court, the animal shall be forfeited to the Animal Control Authority unless the owner of the animal makes a written request for a hearing before the municipal court hearing examiner in the same manner as an appeal pursuant to BMC 2.62.045 within seven (7) calendar days of the date the notice of impound was provided. Ifa hearing is requested, the hearing must be scheduled to be heard within twenty one (21) calendar days from the City's receipt of the request for a hearing, unless otherwise agreed to by the animal owner. ' ' c ......... j ~ u~ Tthe munm~pal court hearing examiner toshall determine whether it is in the best interest of the community that the animal should be returned to the owner, forfeited by the owner to the Animal Control Authority, or euthanized by the Aanimal C_~ontrol Aauthority. The municipal court hearings examiner shall provide written notice of the hearing date and time to the owner of the animal and to the animal control authority. Such notice must be provided at least seven (7) calendar days prior to the scheduled hearing.*~T~'l~,v,*~v v.~ ~-l~.~v ~,~u.* s**f:~ I~*~ ~ ot~,~**~1~'11 1~,.~ uo~ 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 hms probable cause to believe that the animal falls within the definitions set forth in Section 7.04.0200). 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(j); (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 Animal Control (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 tonnenting, 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, 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 mall 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 the municipal court hearing examiner. The owner of an animal declared dangerous shall have ~ seven (7) -calendar days~ from receipt of the written declaration~ to appeal the declaration of the animal control authority to the _mMunicipal _cC-om _ht4eadngs e]gxaminer pursuant to BMC 2.62.045. Unless otherwise agreed to by the animal owner, the appeal hearing must be scheduled to be heard within 21 calendar days frm the City' ipt of the tice of appeal -- , tIhe G~_mMunicipal cGourt _12X4earings _el~xaminer shall s~.~.~.., ........, u~..:~ ~c~ ,u~ ~.~ ....... :-~ an~ provide written notice of the hearing date and time to the owner of the-dmaEerous animal~ and the animal control authority,--rout-the hca~dng exa.minzr. (h) Hearing before the municipal court hearing examiner. At the appeal heating before the municipal court heating 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 municipal court 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 municipal Animal Control court heating 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. ~) 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 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 FA!LUP, E TO CONTROLPOSSESSION OF AN ANIMAL DECLARED DANGEROUS. (a) Gross Misdemeanor. When an animal has been previously declared dangerous, by a court, animal control authority or municipal court heating examiner, the owner of the dangerous animal shall be guilty of a gross misdemeanor if such animal is thereafter found: (1) In the owner's possession inside Bremerton City limits; o_rr (2) Inside City limits under circumstances evidencing that the animal was intentionally brought into the City by the owner or at the request or acquiescence of the owner.:fo (b) Impoundment of dangerous animals. In the event that a dangerous animal is impounded due to the animal being found within the Bremerton City hm~t ~,,w..,~.~: ...... .v~."~ v.~- .,.~_..~_~"-:~:--~ cc:::'t,, the animal shall be forfeited to the Animal Control Authority unless the owner of the animal makes a wntten request for a heanng within seven (7) calendar days of the date the notice of impound was provided to the owner of the animal. If a heating is requested, the hearing must be scheduled to be heard within twenty one (21) calendar days from the day of the City's receipt of the request for a hearing before the municipal court heating examiner in the same manner as an appeal pursuant to BMC 2.62.045, unless otherwise agreed to by the animal owner, by-Tthe municipal court hearing examiner Animal Control shall-to determine whether it is in the best interest of the community that the animal should be returned to the owner, forfeited by the owner to the animal control authority, or euthanized by the animal control authority. The municipal court heating examiner shall provide written notice of the hearing date and time to the owner of the potentially dangerous animal and to the animal control authority. Such notice must be provided at least seven (7) days prior to the scheduled SECTION2. Section 7.14.010 of the Bremerton Municipal Code entitled M~sdemeanors/Gross Misdemeanors" relating to animals is hereby amended to read as follows: 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 from 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 facility, animal welfare facility, or grooming parlor in a fashion contrary to that required by Section 7.08.030; (4) Failure to Respond. To fall to respond to a notice of infraction issued pursuant to Section 7.14.030; (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 without first disclosing such knowledge to buyer; (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 ma'mtain any lion, tiger, bear, monkey, chimpanzee, gorilla, cougar, 7 Animal Control 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 fi'om 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 fi 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. ........... a .............................. ,, ....... v .......... J ~-o ...... Possession of Livestock. For an owner and/or keeper of livestock to own or possess livestock inside Bremerton City Limits. This provision shall not apply to individuals in the process of transporting livestock through the City when such entry into the City is of minimal duration and the livestock are properly secured for transport in a cage or other suitable enclosure. (12) Cruelty to Animals. Any person who is in any manner or by any means commits an act~,,,,y of ~...~ 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; (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._ ~u.--~,:'ant t,~ See (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 enfomement. No person shall be held hable 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; 8 Animal Control (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 cr fail'arc to ccntrc! an animal previously declared 040; ~"*;'^~;~' ^~ ~'~";~ ~" (3) Habitual violators. Any owner receiving t~qao-~e-an¥ combination of (i) eConvictions, singularly or in combination, of crimes relating to animals within a five-year periodi~ and/or (ii) ~infractions under BMC Title 7, singularly or in combination, pursuant to Section 7.14.030 found to be committed by the Municipal court within a five-year period shall be guilty of a Gross Misdemeanor for each additional act constituting a crime or infraction under BMC Title 7. SECTION3. Section 7.14.030 of the Bremerton Municipal Code entitled "Infractions" relating to animals is hereby amended to read as follows: 7.14.030 INFRACTIONS. (a) The following are declared to be Class 1 civil infractions: (1) Animal at large. For the owner of a 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 more separate episodes of such noise in a sequential seven-day period. The burden is upon the subsection are ................. owner of such animal(s) to maintain quiet. Exceptions to this · c .... ;~ ;, ~,~----~,~-~:'*~a ----~, ..... 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 9 Animal Control 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 ~r in a ;:'hee!e~ ¥ch~clc, to suffer or permit the animal to disturb people lawfully on public ways. For the purpose of this section, "disturb" shall mean to chase or approach a person upon the streets, side-walks, or any other public grounds or private property in a menacing fashion or apparent attitude of attack; (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 commemial 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); (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 7.12.0100) 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; (I 5) Failure to provide adequate care. For any owner of a pet or livestock to fail to: 10 Animal Control (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. (&716) 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; (-1:81_2) Pets chasing livestock. For the owner of a 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; (-!-9~ 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. (gO19) 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. (20) Ownership or possession by a person under the age of eighteen years old of any dangerous or potentially dangerous animal. SECTION4. Chapter 7.16 of the Bremerton Municipal Code entitled "Livestock Restricted Areas" is hereby repealed in its entirety. SECTION 5. Severabilit~. 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. 11 Animal Control SECTION 6. 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. APPROVED by the City Council the_a?x~7,at~.2_ day of ~.~z6,~~- ,2003 PASSED by the City Council the/_~.~g.a~ day of .~~..ff~-e~ ,2003 CAROL ARENDS, Council President Approved this /~"d) day of _/~eOy~_ ~v-rt~ ~.~-~, 20~ CARY BOr2EMAN, Mayor ATTEST: APPROVED AS TO FORM: KAbT'F[LEE~IqfHLUSI~E¥~ dii~fC~~ )II3GER A. LUBOVICH~.~gey PUBLISHED the /~ day of ~a~~.) ,2003 EFFECTWE the 4~[a~2_day of v//~,..,.~g, ,2003 ORDINANCE NO. ,et~ - - ' R:\LEGAL\OrdinancesXAdministrationXAnimal Control Amendment.doc 12 Animal Control AFFIDAVIT OF PUBLICATION County of Kitsap, State of Washington No. 100073746 I, Valerie Zoller, being first duly sworn on oath, deposes and says: That she is now, and at ail 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 County 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: September 15, 2003 during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $34.22 which amount has not been paid in full. .,,,,,,,:,,_,,,,,..... {)::...- ..~.xxxx q~ ~.~.?,'c~o.:..:. (s~gnaturo/oYPrincipal Clerk) ~ ~.~l~c~ib~l~ anc~.s~wo~ to before me this day of September 25, 2003. %?,? ............ ;';?'?' Notary Public i;,'a,td for theCtate o $ngton, mtsap County. ",,,,,,, o* %,,,'," ORDI~e~ NO. 4866' AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending certain chapters of Title 7 of the Bremerton Municipal Code to amend provisions of Chapters 7.12 and 7.14 relating to animal control and repealing Chapter 7.16 relating to livestock restricted areas. APPROVED by the City Council the 27th day of August, 2003- PASSED by the City Council the 10th day of September, 2003- The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.- September 15, 2003..#100073746-