Loading...
HomeMy WebLinkAbout4949 ORDINANCE NO. ~9.1./9 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Title 7 of the Bremerton Municipal Code relating to Animals. WHEREAS, the City Council desires to update the provisions of Title 7 in order to clarify the City of Bremerton's position regarding the treatment of animals and to make the City of Bremerton' s Animal Cruelty provisions consistent with other local jurisdictions, making enforcement easier and the penalties for improper treatment of animals consistent with the City of Bremerton's position that animals deserve to be treated humanely; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Title 7 of the Bremerton Municipal Code entitled "Animals" is hereby amended to read as follows: TITLE 7 ANIMALS Chapter 7.04 GENERALLY 7.04.010 DECLARATION. The ordinance codified in this title is enacted to enhancethe 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 DEFINITIONS. 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 animal to turn 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. 1 Title 7 - Animals 2005 Amendment (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 kennel, cattery, shelter, society, or rescue, and includes the organization's officers, agents, and representatives when acting in the name or on behalf ofthe 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 ofthe 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 ofthe 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). (0) "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. (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, shelter, protection, restraint, refuge, food, or nourishment in such a manner as to control an animal's activities. 2 Title 7 - Animals 2005 Amendment --- (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. (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 Police Chief. 7.04.040 ANIMAL CONTROL ZONE ESTABLISHED. All ofthe area within the city limits ofBremerton 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. 3 Title 7 - Animals 2005 Amendment ____n__ ------ Chapter 7.05 PROHIBITED ANIMALS 7.05.010 PROHIBITED ANIMALS. (a) Possession of any creature that is venomous. poisonous. or wild is prohibited. (b) Prohibited animals include. but are not limited to. lions. tigers. bears. monkeys. chimpanzees. gorillas. cougars. mountain lions. badgers. wolves. hybrids. coyotes. fox. lynx. alligators. caiman. crocodiles. or any venomous/poisonous creature: 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 oftheir 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. (c) Snakes over seven (7) feet in length are prohibited. (d) Livestock is prohibited inside the Bremerton city limits: provided. that 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. 7.05.020 UNLAWFUL - VIOLATIONS AND PENALTIES. (a) It shall be unlawful: (1) For any person to possess or maintain any prohibited animals subiect to the provisions of this chapter. (b) Any violation ofthis chapter as set forth in BMC 7.05.020 shall constitute a misdemeanor pursuant to BMC 1.12.020(2). Further. any person. firm or corporation violating the provisions of this chapter shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation ofBMC 7.05.02 is committed. continued or permitted. Chapter 7.08 LICENSES AND LICENSING REQUIREMENTS 7.08.010 CAT AND DOG LICENSES. (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 from license fees. The following are exempt from license fees: 4 Title 7 - Animals 2005 Amendment (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; (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 shall be worn at all times except that +!he 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) Transferability 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: 5 Title 7 - Animals 2005 Amendment (1) Adequate food and water for each species, pursuant to Section 7.04.020(a), 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; (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 light. (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; (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: 6 Title 7 - Animals 2005 Amendment 1- (iv) Have flooring with a surface that can be sanitized and treated to minimize wowth 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. 7.08.040 UNLAWFUL - VIOLATIONS AND PENAL TIES (a) It shall be unlawful: (1) 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 chapter: (2) To operate a commercial pet facility. animal welfare facility. or grooming parlor without a valid license: (3) To operate a commercial pet facility. animal welfare facility. or grooming parlor in a fashion contrary to that required by BMC 7.08.030. (b) Any violation ofthis chapter as set forth in BMC 7.08.040 shall constitute a misdemeanor pursuant to BMC 1.12.020(2). Further. any person. firm or corporation violating the provisions of this chapter shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation ofBMC 7.08.040 is committed. continued or permitted. 7 Title 7 - Animals 2005 Amendment Chapter 7.10 IMPOUNDMENT AND 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 7.15.010(c) 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 hearing 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 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. 8 Title 7 - Animals 2005 Amendment 1------- (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, ifknown. (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. (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 ofthe 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. 7.10.030 UNLAWFUL - VIOLATIONS AND PENALTIES (a) It shall be unlawful: (1) For an owner or keeper to sell an animal knowing it to be ill or iniured without first disclosing such knowledge to buyer: (2) For an owner or keeper to refuse to quarantine or permit the quarantine of an animal when and as required by BMC 7.10.020: (3) For any person to prevent. obstruct or hinder the impoundment of an animal pursuant to BMC 7.10.010. (b) Any violation ofthis ,chapter as set forth in BMC 7.10.030 shall constitute a misdemeanor pursuant to BMC 1.12.020(2). Further. any person. firm or corporation violating the provisions of this chapter shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation ofBMC 7.10.030 is committed. continued or permitted. 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, ifthe animal 9 Title 7 - Animals 2005 Amendment control authority has probable cause to believe that the animal falls within the definitions set forth in BMC 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 within the definition ofBMC 7.04.020(v); (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 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. I (c) Restrictions. The animal control authority may impose any or all ofthe 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 from 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 fifty thousand dollars ($50,000.00) or more, as set by the animal control authority. The insurer/bond issuer must be qualified under RCW Title 48 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) Warning. 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. (d) Prohibited Ownership. No person(s) under the age(s) of eighteen (18) years old shall own a potentially dangerous animal, as defined in BMC 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, ifknown, 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 10 Title 7 - Animals 2005 Amendment address of the owner of the animal, ifknown, 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 ofthe 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 seven (7) calendar days from receipt of the written declaration to appeal the declaration to the municipal court hearing 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 twenty-one (21) calendar days from the City's receipt of the notice of appeal. The municipal court hearing 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) calendar days prior to the scheduled hearing. (h) Hearing before the Municipal Court Hearing Examiner. At the appeal hearing before the municipal court 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 ofthe 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. (i) 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 (14) calendar days ofthe change, inform the animal control authority in writing of the name, address, and telephone number of the new owner, and/or the address ofthe 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. (j) 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 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 BMC 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 hearing examiner, the owner of the potentially dangerous animal shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2) if such animal is thereafter found: 11 Title 7 - Animals 2005 Amendment (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, sidewalks, 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, municipal court hearing examiner, district court, superior court or 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. If a 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. The municipal court hearing examiner shall 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 hearing 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. 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 believe that the animal falls within the definitions set forth in BMC 7.04.020(j). 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 ofBMC 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) Other substantial evidence. (b) Exclusions. An animal shall not be declared dangerous ifthe 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 ofBremerton, that has been declared to be dangerous by any agency, animal control 12 Title 7 - Animals 2005 Amendment 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. Ifthe animal control authority determines that the restrictions placed on the ownership of dangerous dogs/animals by Chapter 16.08 RCW 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 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 dangerous shall have seven (7) calendar days, from receipt of the written declaration, to appeal the declaration of the animal control authority to the municipal court hearing 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 twenty-one (21) calendar days from the City's receipt of the notice of appeal. The municipal court hearing examiner shall provide written notice of the hearing date and time to the owner of the animal and the animal control authority. (h) Hearing before the Municipal Court Hearing Examiner. At the appeal hearing before the municipal court 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 ofthe animal may present evidence in defense ofthe 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 court hearing examiner, the appealing animal owner or the animal control authority shall be notified ofthe right to appeal. Ifthe 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) 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 ofthe animal shall, within fourteen (14) calendar days ofthe 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 ofthe animal changes, the owner shall notify the new owner in writing of the details ofthe 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 13 Title 7 - Animals 2005 Amendment ---- - --------- - ----------- ---- written notification that shall contain a notarized statement by the new owner acknowledging receipt of the original notification. 7.12.040 POSSESSION 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 hearing examiner, the owner of the dangerous animal shall be guilty of a gross misdemeanor pursuant to BMC 1.12.020(1) if such animal is thereafter found; (1) In the owner's possession inside Bremerton City limits; or (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. (b) Impoundment of Dangerous Animals. In the event that a dangerous animal is impounded due to the animal being found within the Bremerton City limits, the animal shall be forfeited to the animal control authority unless the owner of the animal makes a written request for a hearing within seven (7) calendar days of the date the notice of impound was provided to the owner of the animal. If a hearing 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 hearing examiner in the same manner as an appeal pursuant to BMC 2.62.045 unless otherwise agreed to by the animal owner. The municipal court hearing examiner shall 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 hearing 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 hearing. Chapter 7.14 l\USDEIV[E},u~..OR, INFRACTIONS }...ND PEN.AL TIES. ANIMAL CRUELTY 7.14.010 MISDEMEANORS/GROSS MISDEMEANORS (a) The following arc declared to be misdemeanors: (1) Remoying license tag. For a person other than the o'.vner, keeper or other authorized person to remoyc the license tag from an animal required or permitted to be liccnsed pursuant to this title; (2) No valid license. To operate a commercial pet faeility, animal v/elfare faeility, 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 BMC 7.08.030; (4) Failurc to respond. To fail to respond to a notice of infraction issued pursuant to BMC 7.14.030; (5) }..bandonment of animal. For an ov/ner or keeper to have an animal under circumstances 'which manifest an intent to abandon it; (6) Selling an ill or injured animal. For an ov/ner or keeper to sell an animal knowing it to be ill or injured without first disclosing such knowledge to buyer; 14 Title 7 - Animals 2005 Amendment \ , , , , , , , ~ ~ , ~ . . , , , water. , , ~ 15 Title 7 - Animals 2005 Amendment , , .' . 16 Title 1 - Animals 2005 Amendment ~-------... those who can substantiate that such animal noise was caused by an injury or illness ofthe animal(s) or by willful trespass, torment, or abuse ofthe animal(s) on its property by others. Enforcement may be undertaken only upon \vritten 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 maybe seized and impounded, pursuant to BMC 7.1O.010(a), if the disturbance reoccurs after the owner or custodian of such animal(s) has received n\'o (2) written warnings from either the animal control authority or law enforcement 'lIithin a calendar year; (d) Damaging property. For the ovmer of a pet or livestock to suffer or permit the animal to leave the premises ofthe owner and thereafter cause damage to any thing of value or any other pet or livestock; (e) Disturbing pedestrians. For the ov;ner of a pet or livestock, when off the property of the ovmer, to suffer or permit the animal to disturb people la':/fully on public ways. For the purpose ofthis section, "disturb" shall mean to chase or approach a person upon the streets, sidewalks, or any other public grounds or private property in a menacing fashion or apparent attitude of attack; (f) 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 'lIays; (g) Reporting and releasing stray animals. For any person to fail to notify the animal control authority that a stray pet or liyestockis in the person's possession, or to refuse to release such stray animal to the animal control authority upon demand; (h) Releasing animal. For any person except the ovmer or other authorized person to release any pet or livestock from confinement; (i) 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; (j) Failure to licensc. To fail to license a cat or dog as required by BMC 7.08.010(a); (Ie) ~\nimal bites. To own a pet or livestock that bites a person while such person is on public property or lawfully on private property; (1) f..gitating an animal. To intentionally agitate, harass, or provoke a pet or livestock; (m) Failing to notify animal control authority of change of ov;nership, custody, andJor residence. For any owner of an animal that has been declared dangerous or potentially dangerous to sell, barter, or otherwise transfcr the o':/nership, custody, or residence of such an animal '.vithout notifying the animal control authority within fourteen (14) calendar days ofthe ehange as required by BMC 7.12.010(i) or to otherwise fail to comply with the requirements ofthat section; (n) Sale, barter, or other transfer of pets in public places prohibited. It is unla',T/ful to sell, harter, or otherwise transfer for the purpose of changing ownership any pet in an area open to the public, unless such actiyity is pursuant to BMC 7.08.030, or occurs at a sanctioned dog or cat shew; , (0) Failure to provide adequate care. For any owner of a pet or liyestock to fail to: (i) Provide adequate food and water for any pet or livestock, as defined in BMC 7.04.020(a); (ii) Proyide adequate shelter for any pet or livestock, as defined in BMC 7.01.020(b), except as maybe appropriate for short term medical requiremcnts or generally accepted livestock husbandry practiees such as swine farrowing; 17 Title 7 - Animals 2005 Amendment (iii) Pro'lide appropriate habitat and medical care; or (iv) Maintain facilities housing pets in a healthful, sanitary, and safe manner; (P) Transporting a pet or li';estock 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 v/ould not by its design or application cause injury to the animal; (q) Pets chasing livestock. For tho owner of a pet to permit that animal to harass or chase another o'.vner' s livestock, when not engaged in the specific work of herding approved by the ovmer of the livestock; (r) }J1imal waste. For the o\vner of a pet to fail to remove deposits of fecal material originating from the O'.vner's animal from public or private property unless the o':mer of such property has given permission for such material to be deposited. This shall not authorize such deposits as are otherwise gO'lerned by public healtH regulations or other provisions ofthis code; (s) Outdoor fecding. 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 an unreasonable disturbance or accumulation of droppings on surrounding properties, including public property; (t) Ovmership or possession by a person under the age of eighteen (18) years old of any dangerous or potentially dangerous animal. 7.14.040 INFRA.CTION PENALTY. The base penalty for any infraction specified in BMC 7.14.030 shall be sc';enty six dollars ($76.00) for the first violation, one hundred forty two dollars ($142.00) for the second infraction committed within one (1) calendar year, and one hundred ninety two dollars ($192.00) for the third and subsequent infractions committed '.vithin one (1) calendar year. In addition to the base penalty, a public safety and educational assessment and any other assessments requirod by statute shall be imposed. Each and e';ery day or portion thereof in '.vhich an infraction is committed shall constitute a separatc 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. 7.14.0bO ENFORCEMENT BY CIVIL ~"'1CTION. }.ny action or inaction by any animal or the o'.vner or keeper thereof which is contrary to the provisions ofthis 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. 7.14.010 ANIMAL CRUELTY RCW 16.52.207 is adopted by reference as currently enacted and as herinafter amended from time to time and shall be given the same force and effect as if set forth herein in full. 7.14.020 UNLAWFUL - VIOLATIONS AND PENALTIES RCW 16.52.200 is adopted by reference as currently enacted and as herinafter amended from time to time and shall be given the same force and effect as if set forth herein in full. 18 Title 7 - Animals 2005 Amendment Chapter 7.15 INFRACTIONS 7.15w010 INFRACTIONS. The following are declared to be Class 1 civil infractions: (a) Animal at large. For the owner of a pet or livestock to suffer or permit such animal to leave the premises ofthe owner. unless the animal is under physical restraint adequate to the size and nature ofthe 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. or competition. or service dogs engaged in an activity for which they are trained or in service: (b) 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: (c) 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 (15) minutes in anyone (1) hour period of any day. and is documented by three (3) or more separate episodes of such noise in a sequential seven (7) day period. The burden is upon the owner of such animal(s) to maintain quiet. Exceptions to this subsection are commercial pet facilities. animal welfare facilities. veterinary hospitals. or grooming parlors otherwise in compliance with the Bremerton Municipal Code including. but not limited to. BMC 7.08.030. or those who can substantiate that such animal noise was caused by an iniury 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 BMC 7.1O.010(a). ifthe disturbance reoccurs after the owner or custodian of such animal(s) has received two (2) written warnings from either the animal control authority or law enforcement within a calendar year: (d) 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: ( e) Disturbing pedestrians. For the owner of a pet or livestock. when off the property ofthe owner. to suffer or permit the animal to disturb people lawfully on public ways. For the purpose ofthis section. "disturb" shall mean to chase or approach a person upon the streets. sidewalks. or any other public grounds or private property in a menacing fashion or apparent attitude of attack: (f) 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: (g) 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: (h) Releasing animal. For any person except the owner or other authorized person to release any pet or livestock from confinement: 19 Title 7 - Animals 2005 Amendment - ---- - ---------- - --------------------- (i) Excess number of animals. To own more than a total of four (4) household pets as provided in BMC 7.08.01O(f) at the same place or residence without a valid commercial pet facility or animal welfare facility license: (i) Failure to license. To fail to license a cat or dog as required by BMC 7.08.010(a): (k) Animal bites. To own a pet or livestock that bites a person while such person is on public property or lawfully on private property: (n Agitating an animal. To intentionally agitate. harass. or provoke a pet or livestock except that a person may take reasonable steps. not causing undue pain or suffering. to remove unwanted animals from their property: (m) 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 (14) calendar days ofthe change as required by BMC 7.12.01O(i) or to otherwise fail to comply with the requirements ofthat section: (n) 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 BMC 7.08.030. or occurs at a sanctioned dog or cat show: (0) 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 iniury to the animal: (P) 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: (q) 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: (r) 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 an unreasonable disturbance or accumulation of droppings on surrounding properties. including public property: (s) Ownership or possession by a person under the age of eighteen (18) years old of any dangerous or potentially dangerous animal. 7.15.020 INFRACTION PENALTY. The base penalty for any infraction specified in BMC 7. 15.010 shall be seventy-six dollars ($76.00) for the first violation. one hundred forty-two dollars ($142.00) for the second infraction committed within one (1) calendar year. and one hundred ninety-two dollars ($192.00) for the third and subsequent infractions committed within one (1) 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. 20 Title 7 - Animals 2005 Amendment 7.15.030 INFRACTION PROCEDURE. Infractions under this title shall. insofar as possible. be charged and processed pursuant to iustice court traffic infraction rules as now or hereafter amended. 7.15.040 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 iniunction brought by an affected citizen or by the prosecuting attorney. 7.15.050 UNLAWFUL - VIOLATIONS AND PENALTIES (a) It shall be unlawful: (1) To fail to respond to a notice of infraction issued pursuant to this chapter. (b) Any violation of this chapter as set forth in BMC 7.15.050 shall constitute a misdemeanor pursuant to BMC 1.12.020(2). Chapter 7.16 MISCELLANEOUS PROVISIONS 7.16.010 FAILURE TO REPORT STRIKING OF ANIMAL Any person who fails to report the striking of an animal with a vehicle to the animal control authority or law enforcement shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2): provided that no person shall be held liable for the iniury or death of an animal under this section unless found to have committed a crime pursuant to the provisions of Chapter 16.52 RCW or this section. 7.16.020 OBSTRUCTING ANIMAL CONTROL AUTHORITY Any person who willfully hinders. delays. or otherwise obstructs any animal control authority employee in the discharge of the employee's official powers or duties shall be guilty of a gross misdemeanor pursuant to BMC 1.12.020(1). 7.16.030 HABITUAL VIOLATORS (a) Habitual violators. Any owner receiving any combination of four or more: (1) Convictions. singularly or in combination. of crimes relating to animals within a five (5) year period: and/or (2) Infractions under this title. singularly or in combination. pursuant to BMC 7.15.010 found to be committed by the municipal court within a five (5) year period shall be guilty of a gross misdemeanor pursuant to BMC 1.12.020(1) for each additional act constituting a crime or infraction under this title. SECTION 2. Severabilitv. If anyone 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. 21 Title 7 - Animals 2005 Amendment SECTION 3. 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. , PASSED by the City Council the /'lHJ day of I (~r.A/J-IJJ ,2005 'P"-"'l:>c~ ( /L DAREN NYGREN, C~ President Approved this ~~ day of ATTEST: APPROVED AS TO FORM: PUBLISHEDthe~.fZL! dayof ~ ,2005 EFFECTIVE the 7~ Jt) day of u...u, 2005 ORDINANCE NO. "1-949 R:\LEGAL\Ordinances\Administration\Animal Control Amendment-2005-Fina1.l.doc 22 Title 7 - Animals 2005 Amendment , . ,. . AFFIDAVIT OF PUBLICATION Account #42742 / Ad # 100176264 STATE OF WASHINGTON COUNTY OF KITSAP I, Sarah Weller, 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 KITSAP 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, a weekly newspaper in 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: , October 28, 2005 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $26.45, which amount has not been paid in full. ~ LveJAr- (Signature of Principal Clerk) Subscribed and sworn to before me this day of November 03, 2005. /}J.JJJjU ~llbJ OFFICIAL SEAL DA VVN BLATT Notary Public in and for the State of Washington, Kitsap County. NOT ARY PUBLIC - STATE OF WASHINGTON My Commission Expires July 30, 2006 ORDINANCE NO. 4949. - AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Title 7 of the Bremerton Municipal Code relating to Animals.- - PASSED by the City Council the 19th day of October, 2005.- - The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337.- October 28, 2005"#100176264-