HomeMy WebLinkAbout5243 ORDINANCE NO. 5243
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 7.15 of the Bremerton
Municipal Code entitled "Infractions."
WHEREAS, the City Council desires to amend Chapter 7.15 of the Bremerton
Municipal Code relating to the feeding of raccoons; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 7.15 of the Bremerton Municipal Code entitled
"Infractions" is hereby amended to read as follows:
Chapter 7.15
VIOLATIONS AND INFRACTIONS
7.15.010 INFRACTIONS.
In addition to other violations and related fines or penalties provided in Title 7 BMC, The
the following violations 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 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,
competition, service dogs engaged in an activity for which they are trained or in service, or dogs
allowed in City of Bremerton dog parks as provided in Chapter 13.04 BMC. This provision also
applies to the requirements established in BMC 7.06.010(m);
(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
which by its volume or frequency unreasonably disturbs or interferes with the peace of any
person(s) for more than fifteen (15) minutes in any one (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 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 BMC 7.10.010(a), if the disturbance
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Chapter 7.15- Raccoons
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 thinggq3 hin of
value or any other pet or livestock;
(e) Disturbing Pedestrians. For the owner of a pet or livestock, when off the property
of the owner, to suffer or permit the animal to disturb people lawfully on public ways. For the
purposes of this 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;
(i) Excess Number of Animals. To own more than a total of four (4) household pets
as provided in BMC 7.08.010(f) or to own more than a total of five (5) chickens as provided in
BMC 7.06.010(a) at the same place or residence without a valid commercial pet facility or
animal welfare facility license;
0) Failure to License. For an owner to fail to license a cat or dog as required by
BMC 7.08.010(a); or to fail to obtain a chicken license as required by BMC 7.06.020(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;
(1) 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 of the
change as required by BMC 7.12.010(i) or to otherwise fail to comply with the requirements of
that 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;
(o) 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;
(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
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Chapter 7.15- Raccoons
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. It shall be unlawful;
D_ To feed or allow any domestic or wild animals or birds to be feed-fed
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,,
or
2) To feed or allow raccoons to be fed outdoors at any time
(s) Ownership or possession by a person under the age of eighteen (18) years old of
any dangerous or potentially dangerous animal;
(t) Roosters. It is unlawful to keep a rooster or roosters as prohibited by BMC
7.06.010(b);
(u) Henhouses, coops and chicken tractors. For an owner to fail to comply with the
provisions of BMC 7.06.010(d) through BMC 7.06.010(k);
(v) For an owner to keep chickens in violation of BMC 7.06.010(m);
(x) Chickens kept inside a permitted dwelling. For anyone to keep chickens, except
chicks, inside any permitted dwelling as prohibited by BMC 7.06.010(c);
(y) For an owner to fail to manage chicken manure as required in BMC 7.06.010(n);
(z) For an owner to fail to maintain chicken feed in rodent -proof containers as
required by BMC 7.06.010(p);
(aa) For an owner to fail to provide for rodent -proof chicken structures pursuant to
BMC 7.06.010(q);
(bb) For an owner to fail to take necessary steps to eradicate rodents pursuant to BMC
7.06.010(r);
(cc) For any owner to slaughter chickens in violation of BMC 7.06.010(o). This
provision shall in no way limit the City of Bremerton's ability to prosecute for violations of
Chapter 7.14 BMC.
7.15.020 INFRACTION PENALTY.
(a) Infraction. The base penalty for any infraction specified in BMC 7.15.010 shall
be sevent s g one hundred twenty -five dollars ($76..00 for the first violation, efi.—etwo
hundred €ee fifty dollars ($142.00 for the second infraction committed within ggy
twelve (12) month period , and five hundred dollars
($192.00 for the third and subsequent infractions committed within any twelve (12)
month period . 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. Infractions under this section may, ' essible; be charged
processed pursuant to Chanter 1.12 BMC.
7.15.030 VIOLATION - MISDEMEANOR
infiaetiens under- this title shall. insofar- as oessible. be ehar-eed and or-eeessed f3ur-suafit to
Any person who fails to cure a
violation or comply with the requirements of this chapter after issuance of an infraction pursuant
to section 7.15.020 above shall be ,guilty of a misdemeanor pursuant to BMC 1.12.020(2).
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Chapter 7.15- Raccoons
7.15.040 ENFORCEMENT BY CIVIL ACT40NVIOLATION – PUBLIC
NUISANCE
Any violation of ., fie., ,.t;,.., by any .,1 „« the o wn e r- « kee thereof whie is
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
eemplianee with this title may be eafer-eed by an aefien for- abatement or- injunefien Wee& by
745 .050 UNLAMWUL VIOLATIONS TTONS AND PENALTIES.
(a it shall he unlawfid-
(1) To fail to re tom.., e fiee o f inn ae fi n i ssu ed p ,,t_ t this ,.h
za .
(b) Any v iolatio n o f this ..hapte« a s et f i4h :. this seetio shall e. ns t;t„te ..
misdemeaner- pursuant to BMG 1. 12.020(2).
SECTION 2. SeverabiliU. If any one or more sections, subsections, or sentences
of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this Ordinance and the same shall remain in full force and
effect.
SECTION 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 ) day of r' , 2014
W J�
GRE WHEELER, Council President
Approved this 2 - 0 day of I��L , 2014
116 1 44 �4_ _/"�w /
PATTY LEN 911 ayor
A EST: TO FORM:
SHANNON CORIN, City Clerk RO ER A. LUBOVICH, Cl y
PUBLISHED the I V—A day of A 2014
EFFECTIVE the 7 — day of 49r 2014
ORDINANCE NO.
RALegal\Legal \Ordinances \City Council \Chapter 7 15 - Raccoons - Final.docx
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Chapter 7.15- Raccoons
AFFIDAVIT OF PUBLICATION
Account #42742 AD #20140014
STATE OF WASHINGTON
COUNTY OF KITSAP
L Teresa Hull, 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 Supenor Court of the County of Krtsap, 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, Krtsap County, Washington, a weekly newspaper in
Krtsap 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 an advertisement as it was published in regular issues (and not
in supplement form) of said newspaper on the following date, to wit And on Apnl 7,
2014 such newspaper was regularly distributed to its subscribers during all of said period
The full amount of the fee charged for the foregoing publication is the sum of $35 60
This amount has not been paid in full /
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of April 21, 2014
ORDINANCE NO 5243
AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 7 15 of
the Bremerton Municipal Code entitled "Infractions "
PASSED by the City Council on the 2nd day of April, 2014
The full text of this ordinance is available front the City Clerk's Office, 345 Sixth Street, Suite 600.
Bremerton, WA 98337
APR 7, 2014 7AAppointment AD#20140014 TARY PUBLIC
OF WASHINGTON
TY M MOFFITT
Expires July 08, 2016