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HomeMy WebLinkAbout5322ORDINANCE NO. 5322 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 7.05 of the Bremerton Municipal Code entitled "Prohibited Animals." WHEREAS, the City Council desires to amend Chapter 7.05 of the Bremerton Municipal Code entitled "Prohibited Animals" by amending provisions relating to keeping or maintaining livestock in the City; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. Chapter 7.05 of the Bremerton Municipal Code entitled "Prohibited -Animals" is hereby amended to read as follows: 7.05.010 PROHIBITED ANIMALS. The keeping or maintenance of the following animals is prohibited within'the City limits except as otherwise provided herein: (a) Venomous, Poisonous, or Wild Animals. Possession of any creature that is venomous (excluding bees), poisonous, or wild is prohibited. 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, snakes over seven (7) feet in length, or any venomous/poisonous creature. (b) Livestock. Possession of livestock is prohibited, except that: (1) This provision shall not apply to the transporting of livestock through the City when such entry into the City is of minimal duration and the livestock are properly secured for transport7m a cage or other suitable enclosure. (2) Chickens may be kept or maintained in the City if licensed pursuant to Chapter 7.06 BMC. (3) Goats may be temporarily kept or maintained in the City for the specific purpose of vegetation control provided they are: (i) Kept or maintained no more than once during ansix (6) month period and for no more than fifteen (15) consecutive days per occasion.at any particular location unless otherwise approved by the Mayor or designee or animal control authority. For the purpose of this subsection. "location" means a lot and/or adjoining lots where the vegetation control is being performed; (ii) Tethered, supervised on site, or are maintained within a securely fenced area; and (iii) Their housing in the City does not cause a public health or safety issue. (4) Owners and authorized occupants of property annexed to the City upon which livestock is maintained on the date of annexation may continue to maintain livestock on the property unless ordered otherwise by the City Hearing Examiner in a code enforcement proceeding due to public health and safety concerns. During said time, there may not be an expansion of livestock or livestock activity on the property beyond that which existed at the time of annexation. This annexation exemption applies until such time as title to the property is Prohibited Animals transferred to a new owner. ,(c) Exempt Organizations and Activities. The following organizations and activities are exempt from the prohibitions set forth in subsections (a) and (b) of this section: (1) State -registered wildlife rehabilitation centers with regard to care and rehabilitation of those wild animals that are indigenous to North America. (2) Licensed trappers and animal welfare organizations. (3) Circuses, zoos, museums, and similar facilities when licensed or permitted if proper safeguards are taken to protect the public. (5) Special events, festivals, parades and other similar activities and uses when licensed or permitted for short-term limited purposes if proper safeguards are taken to protect the public as required in the licensing or event permitting process. (6) An unlicensed or unpermitted activity or event for a one (1) time, short- term limited purpose: (i) When approved by the Mayor or designee; (ii) For a period not to exceed five (5) consecutive days; and (iii) When proper safeguards are taken to protect the public. 7.05.020 VIOLATIONS AND PENAL'T'IES. (a) Violation. It shall be unlawful for any person to possess or maintain any prohibited animals subject to the provisions of this chapter. (b) Civil Infraction. Any violation of subsection (a) of this section shall constitute a civil infraction punishable by a maximum penalty of two hundred fifty dollars ($250.00), not including statutory assessments. (c) Misdemeanor. A second or subsequent violation of subsection (a) of this section by any person within a twelve (12) month period shall constitute a misdemeanor pursuant to BMC 1.12.020(2). SECTION 2. Severability. 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 J u.ne_�) 12017. President Approved this ' a__ day of a�a e_1 2 2017. PATTY rMayor - Prohibited Animals ATTEST: SHANNON CORIN, City Clerk PUBLISHED the day of APPROVED AS TO FORM: R ER A. LUBOVICH, Ci orney 2017. EFFECTIVE the day of , 2017. ORDINANCE NO. Prohibited Animals AFFIDAVIT OF PUBLICATION Account #342133 AD#1644650 STATE OF WASHINGTON COUNTY OF KITSAP I, 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 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 publi- cation 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 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 June 13, 2017 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 $53.28. This amount has not been paid in full. (Signature of Principal Clerk) Subscribed and sworn to before me this day of June 13, 2017. JY �M 1M0�'Gi U?� ��TAgY 9N N�; •, 'OUBLXG :z i��//,9i�;•:UCy g 202 • �'�����\ ,�������WASN������ ORDINANCE NO. 5322 AN ORDINANCE of the City Council of the City of Bremer- ton, Washington, amending Chapter 7.05 of the Bremer- ton Municipal Code entitled "Prohibited Animals" PASSED by the City Council on the 7th day of June, 2017. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337. JUNE 13, 2017 AD#1644650