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003-05 - Ordinance - Modifying POMC Sections 7.10.010 and 7.04.020 and Adding a New Section 7.04.021 Relating to AnimalsNOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held March 14, 2005. ORDINANCE NO. 003-05 AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON, MODIFYING PORT ORCHARD MUNICIPAL CODE SECTIONS 7.10.010(19) AND 7.04.020, AND ADDING A NEW SECTION 7.04.021 RELATING TO ANIMALS. Copies of Ordinance No. 003-05 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 003-05 will be provided at a nominal charge. City of Port Orchar . aichelleMep-rl��ino Deputy Clerk Publish: Port Orchard Independent March 23, 2005 Kitsaplegals ri)soundpu.blishin4.com ORDINANCE NO. 003-05 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, MODIFYING PORT ORCHARD MUNICIPAL CODE SECTIONS 7.10.010(19) AND 7.04.020, AND ADDING A NEW SECTION 7.04.021 RELATING TO ANIMALS WHEREAS, the city council desires to limit and set conditions on the possession or maintenance of animals in order to preserve the public peace and safety and to assure the humane treatment of animals; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 7.10.010(19) of the Port Orchard Municipal Code, definition of "OwnerI is hereby amended to read as follows: (19) "Owner"' is any person or entity that 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. SECTION 2. Section 7.04.020 of the Port Orchard Municipal Code, "Animal running at large," is hereby amended to read as follows: 7.04.020 Animal running at large. It is unlawful for the owner or person having control of any animal to suffer or permit under any circumstances the same, whether licensed or not, to run at large. Any animal so straying or trespassing is a public nuisance and shall be immediately seized and impounded; provided, that this section shall not prohibit a person from walking or exercising such animal when such animal is on a leash or under control by a competent person, and proper safeguards are taken to protect public and private property, and the public, from injury or damage from such animal. SECTION 3. Chapter 7.04 of the Port Orchard Municipal Code is hereby amended by the addition of a new section 7.04.021 to read as follows: 7.04.021 Nuisance feeding prohibited. (1.) The feeding of any animal except birds, including hand feeding or the placing or setting out of food to be left attended or unattended, which Ordinance No. 003-05 Page 2 of 2 creates or has the potential to create a hazard to public health or safety is hereby declared to be a public nuisance and to be unlawful. (2) To feed or allow any animal to feed outdoors at such times and in such numbers that feeding animals create an unreasonable disturbance or accumulation of animal waste on surrounding properties, including public property, is hereby declared to be a public nuisance and to be unlawful. SECTION 4. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 14th day of March 2005. ATTEST: V // � ��`` 01 Carol Etg n, City Clirk APPROVED AS T6 M:` City Attorney KIM E. ABEL, MAYOR Sp nsored by: ita biIenno, Councilmember