1607 - Ordinance - Animal ControlRepealed by Ordinance 1750
Date: 03-03-99
ORDINANCE NO. 1607
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
RELATING TO THE KEEPING AND CONTROL OF DOGS AND OTHER
ANIMALS; LICENSING OF DOGS; PROVIDING OPTIONAL CAT
LICENSES FOR NEUTERED/SPAYED CATS; DECLARING CERTAIN
PRACTICES OF CERTAIN ANIMALS TO BE PUBLIC NUISANCES;
DEFINING OFFENSES; ESTABLISHING PENALTIES; REQUIRING
REMOVAL AND DISPOSAL OF ANIMAL WASTE; PROHIBITING HORSES
ON SIDEWALKS; DEFINING DANGEROUS ANIMALS AND PROVIDING
PROCESS FOR RESTRAINT, REGISTRATION, APPEAL PROCESS AND
PENALTY FOR FAILURE TO CONTROL; AND REPEALING ORDINANCE
-NO. 1386; ORDINANCE NO. 1375; ORDINANCE NO. "1342;
ORDINANCE NO. q 322; ORDINANCE NO. 1160; ORDINANCE NO.
1133; ORDINANCE NO: 1062; ORDINANCE NO.`1059; ORDINANCE
NO. 1011; ORDINANCE NO. 959; ORDINANCE 907; ORDINANCE
NO. 757; ORDINANCE NO. 693; ORDINANCE NO. 683; ORDINANCE
NO. 682; ORDINANCE NO. 17 DIV. 2 §3
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: That the following chapters of the Port Orchard Municipal
Code and sections contained therein and ordinances corresponding thereto be, and
the same hereby are repealed.
7.04 Ordinance No. 17, Division 2, Section(s)
Ordinance No. 682, Section(s) 1
Ordinance No. 682, Section(s) 2
Ordinance No. 682, Section(s) 3
Ordinance No. 682, Section(s) 4
Ordinance No. 682, Section(s) 5
Ordinance No. 682, Section(s) 6
Ordinance No. 682, Section(s) 7
Ordinance No. 682, Section(s) 8
Ordinance No. 682, Section(s) 9
Ordinance No. 682, Section(s) 10
Ordinance No. 682, Section(s) 11
Ordinance No. 682, Section(s) 12
Ordinance No. 682, Section(s) 13
Ordinance No. 757, Section(s) 1
Ordinance No. 907, Section(s) 1
Ordinance No. 907, Section(s) 2
Ordinance No. 907, Section(s) 3
Ordinance No. 907, Section(s) 4
Ordinance No. 907, Section(s) 5
Ordinance No. 907, Section(s) 6
Ordinance No. 907, Section(s) 7
Ordinance No. 907, Section(s) 8
Ordinance No. 907, Section(s) 9
Ordinance No. 959, Section(s) 1
Ordinance No. 1011, Section(s) 1
Ordinance No. 1133, Section(s) 1
Ordinance No. 1342, Section(s) 1
7,08 Ordinance No. 683, Section(s) 1
Ordinance No. 683, Section(s) 2
Ordinance No. 683, Section(s) 3
Ordinance No. 683, Section(s) 4
Ordinance No. 683, Section(s) 5
Ordinance No. 683, Section(s) 6
Ordinance No. 683, Section(s) 8
Ordinance No. 683, Section(s) 7
Ordinance No. 683, Section(s) 9
Ordinance No. 907, Section(s) 10
Ordinance No. 907, Section(s) 11
Ordinance No. 907, Section(s) 12
Ordinance No. 907, Section(s) 13
Ordinance No. 907, Section(s) 14
Ordinance No. 907, Section(s) 15
Ordinance No. 907, Section(s) 16
Ordinance No. 907, Section(s) 17
Ordinance No. 959, Section(s) 2
Ordinance No. 1062, Section(s) 1
Ordinance No. 1160, Section(s) 1
Ordinance No. 693, Section(s) 1
Ordinance No. 693, Section(s) 5
Ordinance No. 693, Section(s) 8
Ordinance No. 907, Section(s) 18
Ordinance No. 907, Section(s) 22
Ordinance No. 907, Section(s) 23
Ordinance No. 907, Section(s) 24
Ordinance No. 907, Section(s) 25
Ordinance No. 907, Section(s) 26
Ordinance No. 1059, Section(s) 1
Ordinance No. 1322, Section(s) 1
Ordinance No. 1375, Section(s) 3
Ordinance No. 1375, Section(s) 4
7.12 Ordinance No. 1386, Section(s) 2
Ordinance No. 1386, Section(s) 3
Ordinance No. 1386, Section(s) 4
SECTION 2: That Port Orchard Municipal Code Chapter 7.04 shall read
as follows:
7.04.010 DEFINITIONS. Within the provisions of this chapter, the
following definitions shall apply:
"Dog" is a female, spayed female, male or neutered male dog.
"Cat" is a female, spayed female, male or neutered male cat.
C. "Animal" is a female, spayed female, male or neutered male
animal, including any goat, horse, mule, cattle, swine or other domestic
livestock used or raised on a farm, and any living vertebrate creature including
reptiles or birds and excluding any marine mammals, fish or man. Animal also
includes dogs or cats unless specifically excluded.
Ordinance No. 1607
Page 3 of 17
D. "Abandonment" means the owner has left the animal for a period
of 24 hours without making effective provisions for it's proper care.
E. "Adequate Shelter" means a moisture proof and wind proof
structure that allows the animal to turn around freely, sit easily, stand and lie
normally, and that keeps the animal clean, dry and comfortable.
F. "At large" is off the premises of the owner or keeper of the
dog, or animal, and not under restraint by leash or chain or not otherwise
controlled by a competent person.
G. "Court" means Port Orchard Municipal Court.
H. "Dangerous" means an animal that according to the records of
the animal control authority; (a) has inflicted severe injury on a human without
provocation while on public or private property. (b) has killed a domestic
animal without provocation while off the owner's property, or (c) has been
previously found to be potentially dangerous. The owner has received notice of
such potential and the animal subsequently aggressively bites, attacks or
endangers the safety of humans or domestic animals. This definition shall not
include a police dog as defined in RCW 4.24.410.
"Domestic Livestock" means any male or female hoofed animal.
J. "Inhumane Treatment" means every act, omission or neglect
whereby unnecessary or unjustified physical pain or suffering is caused or
permitted.
K. "Neglect" means the failure to provide proper food, potable
water, adequate shelter, opportunity for exercise, or other care normal, usual,
and proper for an animal's health and well being.
L. "Owner" is any person, firm, or corporation owning, having an
interest in or having control or custody or possession of any animal.
M. "Provocation" means teasing, taunting, striking or other like
action, or the unauthorized entry onto the premises where an animal is kept.
N. "Potentially Dangerous" means an animal that when unprovoked;
(a) chases or approaches a person upon the streets, sidewalks or any other public
grounds in a menacing fashion or apparent attitude of attack, (b) causes injury
to or otherwise threatens the safety of a human or domestic animal, or (c)
inflicts a bite upon a human or domestic animal either on public or private
property.
0. "Secure Enclosure" means a chain link enclosure consisting of
secure sides and a secure top, or if without top, having sides which are at least
eight (8) feet high, and with a floor permanently attached to the sides, or
having sides which are embedded at least one foot into the ground, and which is
constructed of such material and closed in such manner that the animal can not
exit on it's own.
P. "Stray" is any animal loitering in a neighborhood or any public
place without an apparent owner or home.
Ordinance No. 1607
Page 4 of 17
Q. "Under control" means the animal is under voice and/or signal
control so as to be thereby restrained from approaching any bystander or other
animal or from causing or being the cause of physical or property damage when off
a leash or off the premises of the owner.
The present tense shall include the past and future tenses, and the
future, the present. Each gender shall include all genders.
The singular number shall include the plural, and the singular.
Whenever a power is granted to or a duty is imposed upon the humane
society, poundmaster or other public officer, the power may be exercised or the
duty may be performed by a deputy of the officer or by a person authorized
pursuant to the law by the officer unless this chapter expressly provides
otherwise.
7.04.020 ANIMAL RUNNING AT LARGE. It is unlawful for the owner or
person having control of any animal, excluding cats 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.
7.04.030 INJURY TO PROPERTY BY AN ANIMAL. It is unlawful for any
owner to suffer or permit any animal to trespass on private or public property
so as to damage or destroy any property or thing of value, and the same is a
nuisance and any such animal may be seized and impounded.
7.04.040 ANIMAL CHASING VEHICLES. It is unlawful for any owner
keeping or harboring any dog to suffer or permit such dog to chase, run after or
jump at vehicles lawfully using the public streets, avenues, alleys and ways
within the city, and the same is a nuisance and any such dog may be seized and
impounded.
7.04.050 ANIMAL HOWLING AND BARKING. It is unlawful for an owner
or keeper of any animal to harbor, maintain or keep such animal which, by
frequent or habitual howling, barking, yelping or other noises, unreasonably
annoys or disturbs one or more persons in a neighborhood. Any such animal is a
nuisance and may be seized and impounded.
7.04.060 STRAY ANIMAL. Any stray animal running at large within
the city is a nuisance, and any such stray animal may be seized and impounded.
The city police, or the authorized agent of the city, before picking
up any animal under this section, may require the complainant requesting such
impounding first to apprehend and secure such animal. The complainant shall sign
a release at the time such animal is picked up.
Ordinance No. 1607
Page 5 of 17
It shall be the duty of each and every person who takes into his
possession or custody any stray animal not placed in his custody by the person
having lawful ownership, custody or control thereof at once to notify Port
Orchard Police Department and/or the impounding authority giving a detailed
description of the animal. In the event the rightful owner is unknown, and the
person having possession or custody of the stray animal desires to assume
ownership of the stray animal, they may do so after notifying the impounding
authority and obtaining a license, if one is required for the type of animal
found. If the owner of the animal is known or comes forward to identify themself
as the owner of the animal, it is unlawful to refuse to release such animal to.
an officer of the Port Orchard Police Department, the impounding authority or
rightful owner of the animal upon demand and without charge. Every effort must
be made by the person finding the stray animal and the impounding authority to
identify the rightful owner.
7.04.070 FEMALE DOG OR FEMALE CAT IN HEAT. It is unlawful for any
owner or keeper of any female dog or female cat to allow or permit such animal
to be or to run at large while in heat, whether or not such animal is licensed,
and any such animal so running at large during such period is a nuisance and may
be seized and impounded.
It is further unlawful to tie, chain or otherwise leave unattended
and not under the control of competent person, on the premises of the owner of
keeper, whether or not such premises are fenced, such female dog or female cat
in heat.
It is further unlawful to fail to keep such female dog or female cat
while in heat confined within the residence of the owner or keeper, or confined
within such other building or structure that is dog -proof or cat -proof.
If such female dog or female cat, during said heat period attracts
male dogs or male cats so as to cause a nuisance or disturbance in the
neighborhood, the owner or keeper of such animal may be required to place the
animal in a veterinary hospital or boarding kennel, or otherwise to remove the
animal from the neighborhood, and it is unlawful to fail or refuse to do so.
7.04.080 KEEPING OF LIVESTOCK ANIMALS. It is unlawful for an owner
or keeper of all livestock animals such as goats, horses, mules, cattle, swine,
or other hoofed livestock to keep it or them upon property less than one acre,
or house, corral or pen it or them in an area less than fifty feet from any
adjacent property line.
7.04.090 INJURED OR DISEASED ANIMALS. Any animal suffering from
serious injury or disease may be humanely destroyed at the discretion of an
officer of Port Orchard Police Department or of the impounding authority. The
owner of the animal shall be notified of such action if the animal is wearing a
license tag or identification tag, or if the owner or keeper is otherwise known.
7.04.100 CRUELTY TO ANIMALS. Any person who is in any manner or by
Ordinance No. 1607
Page 6 of 17
any means guilty of any cruelty to any animal is guilty of a misdemeanor.
Examples of cruelty for the purpose of this section is as follows: (this list
is not intended as or to be interpreted as an inclusive limited list),
A. Willfully and inhumanely injure or kill any animal by any means;
B. Negligently or intentionally cause or fail to alleviate any pain,
suffering or injury of any animal;
C. Willfully and maliciously 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;
D. Abandon any animal by leaving the animal on the street, road or
highway or in any other public place or on the private property of another;
E. 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; or
F. Transport an animal in the open bed of a pickup truck; provided,
that an owner may transport an animal in the bed of a pickup truck where the
animal is in a kennel and the kennel is secured in such a manner so as to prevent
injury to the animal pursuant to RCW 46.61.660.
7.04.110 ANIMAL WASTE.
A. It shall be unlawful for the owner or person having charge of
any animal to permit, either willfully or by failure to exercise due care, such
animal to commit a public nuisance by defecating in any area of the city other
than the premises of the owner or person having charge or control of the animal,
unless said owner or person having charge takes immediate steps to remove and
properly dispose of said feces.
B. It shall be unlawful for the owner or person having charge of
any animal, to take said animal, off of the private property of said person
without having in the possession of the owner or person having charge of the
animal, a proper means of disposal for the feces of the animal.
C. Disposal is defined, for the purpose of this section, as the
removal of feces by means of a bag, scoop or other device and an eventual
disposal in a trash receptacle, by burying or by other means of lawful disposal.
7.04.120 HORSES ON SIDEWALKS PROHIBITED. It is unlawful for any
person to ride, lead or allow any horse, mare, pony or similar hoofed animal on
any sidewalk within the City of Port Orchard.
Ordinance No. 1607
Page 7 of 17
7.04.130 DECLARING AN ANIMAL AS POTENTIALLY DANGEROUS LEVELS OF
VIOLATION.
A. Declaration of an Animal as Potentially Dangerous. The animal
control authority has the authority to declare an animal potentially dangerous
in any of the levels described as follows:
1. Level 1. An animal is Level 1 potentially dangerous when
without provocation it chases or approaches a person upon the streets, sidewalks
or other public property in a menacing fashion or apparent attitude of attack.
2. Level 2. An animal is Level 2 potentially dangerous when
it causes injury to or otherwise threatens the safety of a human or domestic
animal.
3. Level 3. An animal is Level 3 potentially dangerous when
it bites a human or domestic animal, either on public or private property.
An animal shall not be declared level 2 or level 3 potentially
dangerous if the threat, injury or bite is sustained by a person who, at the
time, was committing a willful trespass or other sort upon the premises occupied
by the owner of the animal, or was tormenting, abusing, or assaulting the animal
or has in the past been, observed or reported to have tormented, abused or
assaulted the animal or was committing or attempting to commit a crime.
B. Restraint of Potentially Dangerous Animal. Potentially
dangerous animals shall be restrained in the following manner:
1. A Level 1 potentially dangerous animal, whenever outside
the owner's residence and not on a leash shall be restrained by a physical device
or structure that prevents the animal from reaching a public sidewalk, easement,
right-of-way, road or adjoining property and must be located where the animal
does not interfere with legal access to the owner's property.
2. A Level 2 potentially dangerous animal must comply with
the restrictions on a Level 1 potentially dangerous animal, and in addition the
animal control authority may require the owner to obtain and maintain proof of
public liability insurance. The owner may be required to complete a responsible
pet ownership program administered by the animal control authority. All costs
associated with the program shall be paid by the owner.
3. A Level 3 potentially dangerous animal shall be confined
within a secure enclosure whenever the animal is not inside the owner's
residence. The secure enclosure must be located where it does not interfere with
the public's legal access to the owner's property. In addition, the animal
control authority may require the owner to obtain and maintain proof of public
liability insurance. The owner shall not permit the animal to be outside the
secure enclosure or off the owner's property unless the animal is muzzled and
restrained by an adequate leash and under the control of a capable person. In
addition, the owner must complete a responsible pet ownership program
administered by the animal control authority. All costs associated with the
program shall be paid by the owner.
Ordinance No. 1607
Page 8 of 17
C. Notice. When the animal control authority determines that an
animal is potentially dangerous, the animal control authority shall notify the
owner and city clerk in writing that the animal has been declared potentially
dangerous. The notice shall contain a description of the animal, the name and
address of the animal's owner, if known, a brief summary of the facts upon which
the declaration is based, a statement of any restrictions placed on the animal
as a consequence of the declaration, a statement of the penalties for further
violations, and a notice of the right to appeal the declaration, including a
statement of the deadline for the appeal.
D. Service of Notice. The animal control authority shall
personally serve or mail the written declaration of a potentially dangerous
animal to the owner and the city clerk. If the owner is unknown, the animal
control authority shall make reasonable efforts to locate and notify the owner
of the declaration.
E. Appeal of Declaration of Potentially Dangerous Animal. The
owner of an animal declared potentially dangerous shall have ten (10) calendar
days from receipt of the written declaration to appeal the declaration. The
owner's appeal must be in writing and must be filed as follows:
1. Appeal to Level 1 must be in writing and filed with the
city clerk. Upon receiving the written notice of appeal, the city clerk shall
schedule an appeal hearing and provide written notice of the hearing to the
appellant and the animal control authority. At the hearing, the animal control
authority shall have the burden of proving that the animal is potentially
dangerous by a preponderance of the evidence. The city clerk shall issue a
written decision to the appellant which either sustains or reverses the animal
control authority's declaration. The decision shall be the final decision of the
city clerk. If the declaration is sustained, the appellant shall be notified of
the right to an appeal to the Municipal Court.
2. Appeal to Level 2 and 3 must be i n wri ti ng and fi 1 ed wi th
the city clerk. Upon receiving the written notice of appeal, the city clerk
shall schedule an appeal hearing before the City of Port Orchard animal appeal
board and provide written notice of the hearing to the appellant and the animal
control authority. At the hearing, the animal control authority shall have the
burden of proving that the animal is potentially dangerous by a preponderance of
the evidence. The animal appeal board shall issue a written decision to the
appellant which either sustains or reverses the animal control authority's
declaration. The decision shall be the final decision of the animal appeal
board. If the declaration is sustained, the appellant shall be notified of the
right to an appeal to the Municipal Court.
F. Appeal of Decision of the City Clerk and/or Animal Appeal
Board. The owner of an animal declared potentially dangerous may appeal the
decision of the city clerk or animal appeal board. A written appeal shall be
filed with the clerk of the municipal court within fourteen (14) calendar days
after the date of the city clerk or animal appeal board decision.
G. Court Nearing. Upon receiving a written appeal from the
owner(s) of an animal declared potentially dangerous the clerk of the municipal
court shall promptly set a date for hearing the appeal. Written notice of the
time, date and place of the hearing shall be delivered or mailed at least ten
Ordinance No. 1607
Page 9 of 17
working days prior to the hearing to the appellant and to the animal control
authority.
J. Court Decision. If the court overrules the decision of the
city clerk or animal appeal board, the declaration shall be rescinded and any
restrictions imposed shall be removed, court costs shall not be assessed against
either party. If the court sustains the decision of the city clerk or animal
appeal board, the court shall award the City its additional court costs,
including attorneys' fees, and may impose additional restrictions on the animal.
K. Change of Ownership, Custody or Residence. The owner(s) of an
animal that has been declared potentially dangerous who sells or otherwise
transfers the ownership, custody or residence of the animal, shall within ten
(10) working days of the change, inform the animal control authority in writing
of the name, address and telephone number of the new owner, the new address where
the animal is located and the name, description and license number of the animal.
The owner shall notify the new owner is writing of the details of the animal's
record relating to the declaration that the animal is 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 which shall
contain a notarized statement by the new owner acknowledging receipt of the
notice.
7.04.140 FAILURE TO CONTROL AN ANIMAL DECLARED POTENTIALLY DANGEROUS
- DECLARATION OF AN ANIMAL AS DANGEROUS.
A. Violation. After an animal is declared potentially dangerous
pursuant to this chapter, the owner of the potentially dangerous animal shall be
guilty of a violation of this chapter if the animal runs at large, chases or
approaches a person upon the streets, sidewalks or other public grounds in a
menacing fashion or apparent attitude of attack, causes injury to or otherwise
threatens the safety of a human or domestic animal, or bites a human or domestic
animal. This section shall not preclude criminal prosecution under RCW
16.05.100(3) in a first -bite situation causing severe injury or death to a human.
B. Declaration of an Animal as Dangerous. The animal control
authority has the authority to declare an animal dangerous. If the owner of a
potentially dangerous animal is found guilty of violating this section the court
shall make a further determination as to whether the animal should be declared
dangerous. Pursuant to RCW 16.08.090(3), animals shall not be declared dangerous
if the threat, injury, or damage was sustained by a person who at the time, was
committing a willful trespass or other sort upon the premises occupied by the
owner of the animal or was tormenting, abusing or assaulting the animal or has,
in the past, been observed or reported to have tormented, abused, or assaulted
the animal or was committing or attempting to commit a crime.
C. Notice. When the animal control authority determines that an
animal is dangerous, the animal control authority shall notify the owner in
writing that the animal has been declared dangerous. The notice shall contain
a description of the animal, the name and address of the animal's owner, if
known, a brief summary of the facts upon which the declaration is based, a
statement of any restrictions placed on the animal as a consequence of the
declaration, a statement of the penalties for further violations, and notice of
Ordinance No. 1607
Page 10 of 17
the right to appeal the declaration, including a statement of the deadline for
the appeal.
D. Service of Notice. The animal control authority shall
personally serve or mail its written declaration of a dangerous animal to the
owner. If the owner is unknown, the animal control authority shall make
reasonable effort to locate and notify the owner of the declaration.
E. Court Decision. If the court overrules the decision of the
city clerk or animal appeal board, the animal control authority's declaration
shall be rescinded and any restrictions imposed shall be removed, court costs
shall not be assessed against either party. If the court sustains the decision
by the city clerk or animal appeal board, the court shall award the City its
additional court costs, including attorneys' fees, and may impose additional
restrictions on the animal.
7.04.150 REGISTRATION OF A DANGEROUS ANIMAL.
A. Registration Required. The owner of an animal declared to be
dangerous by the animal control authority or by a court shall register the
dangerous animal with the animal control authority pursuant to RCW 16.08.080
within 30 days of the date the animal is declared dangerous. thereafter, the
owner of the dangerous animal shall register the animal annually before or during
the month of July.
B. Registration Expiration. Certificates of registration for
dangerous animals shall expire on June 30 of each year.
C. Registration Fee. The annual registration fee for a dangerous
animal is $100. This registration fee is in addition to regular licensing fees.
The initial registration fee shall be prorated according to the number of months
remaining in the registration year.
D. Certificate of Registration Application. An application to
obtain a certificate of registration of a dangerous animal shall contain the
following information.
1. Name, address and telephone number of the applicant
owner;
2. Type, name, age, color, sex and distinguishing
characteristics of the animal;
3. A diagram to approximate scale, showing the secure
enclosure proposed to confine the dangerous animal;
4. Evidence of the posting of the owner's premises with a
clearly visible warning sign that there is a dangerous dog on the property, and
a conspicuously displayed sign with a warning symbol that informs children of the
presence of a dangerous dog;
5. Pursuant to RCW 16.08.080, sufficient proof of a surety
bond issued by a surety qualified under chapter 48.28 RCW in the amount of at
Ordinance No. 1607
Page 11 of 17
least $50,000; and
6. Sufficient proof of a liability insurance policy in the
amount of at least $100,000 insuring the applicant owner for personal injuries
inflicted by the dangerous animal.
E. Pre -Certificate On -site Inspection. An employee of the animal
control authority shall make an on -site inspection of the applicant's site for
keeping the dangerous animal to ensure that the site is properly enclosed and
posted. The inspection shall occur within 30 days of the animal being declared
dangerous.
F. Noncompliance. In the event the owner and/or keeper of a
dangerous animal fails to comply with the requirements of this section and/or RCW
16.08.080 for registering a dangerous animal, the animal control authority can
take immediate action pursuant to RCW 16.08.100. Rules and regulations for
notifying owners and/or keepers of the confiscation of registered dangerous
animals shall be formulated by the animal control authority.
G. Issuance of Certificate of Registration. The city shall issue
the certificate of registration, if the registration fee is paid and the
application and site inspection show that the applicant meets the requirements
of this section and applicable state law. The certificate of registration shall
be prominently displayed by the owner of the dangerous animal in an appropriate
location visible to the general public.
H. Annual Inspections. Prior to the renewal of a certificate of
registration, the animal control authority shall inspect the premises where the
dangerous animal is kept at a time mutually convenient to both the animal control
authority and the owner of the dangerous animal. The purpose of the annual
inspection shall be to ascertain that the site remains in compliance with this
section. The inspection shall occur during the month of June before the
expiration of the dangerous animal registration. Failure to cooperate in the
inspection may result in further action pursuant to RCW 16.08.100 and paragraph
F of this Section.
I. Change of Ownership Prohibited. An owner of an animal declared
dangerous shall not sell or otherwise transfer the ownership, custody or
residence of the animal without first obtaining a written court order authorizing
the transfer. An owner or keeper seeking court approval shall notify the animal
control authority of his intent. In determining whether to grant or deny
approval, the court shall consider the following criteria:
1. The information set forth in paragraph D of Section 7.04.150;
any previous violations of this Title by the proposed new
owner;
and 3. the facilities proposed to contain the animal at its new site;
4. the characteristics of the neighborhood surrounding the
proposed new owner's premises, i.e. number of children, schools, day care
facilities, etc.
Ordinance No. 1607
Page 12 of 17
7.04.160 PUBLIC NUISANCE - VIOLATION. An animal involved in any
violation of any portion of this section is declared to be a public nuisance, and
may be impounded and held in accordance with the provisions of this section.
It is a violation of this section for any owner to fail to exercise proper care
and control of their animal to prevent it from becoming a public nuisance.
7.04.170 WITNESSING VIOLATIONS--IMPOUNDED--CITATIONS. Any officer
of Port Orchard Police Department or of the impounding authority, upon personally
witnessing any violation of the provisions of this chapter, may enter onto the
premises of the owner or keeper of such dog, cat or other animal and, without
court order, may seize and impound such animal if the owner or keeper of the
animal cannot be contacted at the residence, or if such owner or keeper refuses
or fails to abate such nuisance immediately; provided, that nothing herein
contained shall be construed to allow or permit such officer to enter the
dwelling of the owner or keeper, without such owner's or keeper's permission, to
seize and impound such animal.
Any officer of Port Orchard Police Department or of the impounding
authority, upon personally witnessing any violation of the provisions of this
chapter, may issue an arrest citation to the owner or keeper of the animal.
7.04.180 VIOLATION - PENALTY - MISDEMEANOR. Any person violating
Sections 7.04.100, 7.04.130, 7.04.140 or 7.04.150 of this chapter shall be
guilty of a misdemeanor and upon conviction thereof shall be punished by a fine
of $1,000.00 or be imprisoned in the county jail for a period not to exceed 90
days or by both such fine and imprisonment. For each violation of this chapter
of a continuing nature, each day of violation may be considered a separate
offense.
7.04.190 VIOLATION - PENALTY - CIVIL INFRACTION. Any person
violating any provisions of this chapter, excluding 7.04.100, 7.04.130. 7.04.140
or 7.04.150 or who creates, keeps or maintains a nuisance as defined in this
chapter is guilty of a civil infraction. The fine for any infraction shall be
forty dollars for the first violation, seventy-five dollars for the second
infraction committed within one year and one hundred dollars for the third and
subsequent infractions committed within one year. Each and every day or portion
thereof in which an infraction is committed shall constitute a separate and
distinct infraction.
7.04.200 VIOLATIONS --ABATEMENT. A. In addition to fines , persons
violating this chapter may be ordered by the court to abate or remove the animal.
Furthermore, upon determining the animal is vicious or dangerous, the court may
order the animal destroyed. If the violator does not carry out the court's order
within twenty-four hours, a court authorized officer shall do the same. Any
order to remove, abate, or destroy shall be entered into the record and made part
of the judgment.
B. Violators shall be liable for all costs of carrying out the
court's order when performed by an officer, such costs to be taxed as part of the
Ordinance No. 1607
Page 13 of 17
prosecution costs. Officers who carry out the court order shall keep an
accounting of the costs. In addition to the powers herein given to collect such
costs, the city may bring suit for costs in a competent court against the
violator.
SECTION 3: THAT PORT ORCHARD MUNICIPAL CODE CHAPTER 7.08 SHALL READ
AS FOLLOWS:
7.08.010 KITSAP COUNTY HUMANE SOCIETY --APPOINTED IMPOUNDING
AUTHORITY. The Kitsap County Humane Society, a corporation existing under RCW
16.52.020, is appointed as agent of the Port Orchard Police Department, and shall
henceforth be, and is, designated the official impounding authority for the city.
7.08.020 ANIMAL IMPOUNDING AUTHORITY --DUTIES. The impounding
authority, as an agent of the Port Orchard Police Department, shall enforce Port
Orchard ordinances and statutes of the state relating to the care, treatment,
control, impounding, licensing and quarantining of animals. The impounding
authority shall provide impounded animals with proper care, feed and water while
so confined, shall collect and dispose of all dead dogs and dead cats found on
the city streets, alleys, sidewalks and other public areas, and if the owner is
known, a reasonable fee may be collected therefrom for such services. Sick or
injured animals may be impounded when not in the custody, possession or control
of the owner or keeper and may be humanely destroyed at the discretion of the
impounding authority. The owner of such animal shall be notified of such action
if such animal is wearing a license tag, identification tag, micro -chip implant
or tattoo or if the owner is otherwise known, and the owner may be assessed the
customary service charge for such disposal.
Each employee of the impounding authority over the age of twenty-one years may
be made a special police officer and charged with the duty of enforcing animal
control ordinances of the city and statutes of the state as prescribed in Section
7.08.020, but without pay from the city treasury. A special police commission
shall be issued to such employees by, and at the discretion of the chief of
police of the city, and may be revoked at will by the chief of police, and when
so revoked such appointment shall cease and be null and void.
7.08.040 INTERFERENCE WITH ANIMAL IMPOUNDMENT. It is unlawful for
any person to interfere with, hinder, delay or impede any officer in the
enforcement of this chapter, and such violation is punishable by a fine not
exceeding three hundred dollars or by imprisonment in the city jail for a term
not exceeding ninety days, or by both such fine and imprisonment.
7.08.050 NOTICE OF ANIMAL IMPOUNDING. Upon any dog or other animal
being impounded under the provisions of this chapter, the impounding authority
shall, as soon as feasible, notify the owner, if the owner is known, of the
impounding of such animal, and the terms upon which the animal may be redeemed.
If such animal is not wearing a license tag or other identification, it shall be
Ordinance No. 1607
Page 14 of 17
the responsibility of the owner or keeper to determine if the animal has been
impounded. The Humane Society shall make every effort to identify and contact
the owner.
7.08.060 REDEMPTION OF DOG, CAT OR OTHER DOMESTIC ANIMAL. EXCLUDING
LIVESTOCK. The owner of any dog, cat or other domestic animal impounded pursuant
to the provisions of this chapter may redeem such animal within seventy-two hours
from the time of impounding by payment of any unpaid licensing fee, plus an
impound fee of ten dollars for the first violation, twenty dollars for the second
violation, thirty dollars for the third violation and forty dollars for the
fourth or each subse uent violation within a twelve-month period, plus a kennel
fee of five dollars N5.00) per day. If such dog, cat or other domestic animal
is not redeemed within seventy-two hours from the time of impounding such animal
may at the discretion of the impounding authority be adopted by another person
or euthanized.
7.08.080 REDEMPTION OF HORSES, COWS, GOATS OR OTHER DOMESTIC
LIVESTOCK. The owner of any horse, cow, goat or other domestic livestock may
redeem it within seventy-two hours from the time of impounding by paying to the
impounding authority an impound fee of fifty dollars and ten dollars boarding fee
for each day or part thereof that an animal is detained, plus feeding of the day
impounded. An additional fee of twenty dollars shall be paid to the impounding
authority for transportation of larger animals requiring the use of special
equipment for impounding.
7.08.090 SALE OF UNCLAIMED HORSE, COW, GOAT OR OTHER DOMESTIC
LIVESTOCK. Any horse, cow, goat or other domestic livestock not claimed and
released upon required payment shall at the expiration of seventy-two hours be
sold at public auction upon notice published in the city official newspaper
setting forth a date, not less than ten days from date impounded, time and place
and describing the animal with reasonable certainty and stating the name of
owner, if known, and if unknown, so stating. A copy of such notice shall be
served upon the owner, if known to the impounding authority, and can be found in
the city, at least one day before the sale. The impounding authority shall
deduct from the proceeds of sale all expenses of feeding and caring for the
animal and all expense of advertising and selling the same, and shall retain the
balance in reserve for six months from date of sale, and if unclaimed at the
expiration of such period it shall revert to the impounding authority for
operation of the shelter. No such money shall be paid any claimant except upon
proof satisfactory to the impounding authority that they are entitled to the
same.
Any stray domestic dog or cat which has become wild and cannot be caught or
apprehended except by trapping may be humanely destroyed at any time after
impounding.
SECTION 4: THAT PORT ORCHARD MUNICIPAL CODE CHAPTER 7.12 SHALL READ
AS FOLLOWS:
Ordinance No. 1607
Page 15 of 17
7.12.010 DOG LICENSES REQUIRED. It is unlawful for any person, firm
or corporation to own, keep or have custody or control of any dog over the age
of six months in the city unless said person, firm or corporation procures a
license therefore as hereinafter provided. Dogs becoming six months of age
during the year shall be licensed as herein provided. Where a dog may be kept,
or how it may be kept, shall not affect the licensing requirements.
7.12.015 CAT LICENSES OPTIONAL. Any person, firm or corporation who
owns, keeps or has custody or control of any spayed or neutered cat may choose
to obtain a cat license for identification purposes. Cat licenses are not
mandatory within the city limits.
7.12.020 ANIMAL LICENSE FEE. A. There shall be no fee for
licensing of neutered male or spayed female dogs or cats. A certificate or other
signed statement of a licensed veterinarian shall be required to establish that
a female dog or cat has been spayed or a male dog or cat has been neutered.
B. The license fee for each non -neutered male dog and for each non -
spayed female dog shall be a one-time seventy-five dollar charge. In lieu of a
tag, an owner may elect to have the dog tattooed or micro -chip implanted.
C. Licenses are not available for a non -neutered male cat or for a
non -spayed female cat.
7.12.030 ANIMAL LICENSE DUE DATE. A. All dog licenses issued under
this chapter shall be due and payable upon the dog becoming six months of age and
shall be valid for the lifetime of the dog.
B. Effective January 1, 1996, there shall be no fee for licensing
of neutered male cat or spayed female cat.
C. If the owner or keeper, firm or corporation fails to obtain a
dog license as required in section 7.12.010 and 7.12.015, in addition to the
regular fee as stated above, shall pay a penalty fee of twenty-five dollars for
each dog license; provided, the owner or keeper, firm or corporation shall not
pay the penalty fee if:
1. The owner/keeper has been a resident of the city thirty days or
less;
2. The owner/keeper has owned, kept, been in control of or had
custody of the dog for thirty days or less;
3. The dog at the time of application for license, is seven months
of age or less. (this allows 30 days after due date)
7.12.040 ISSUANCE OF ANIMAL LICENSES. It shall be the duty of the
city clerk, his or her appointee or his or her authorized agent to issue licenses
Ordinance No. 1607
Page 16 of 17
to persons applying therefore; upon payment of the license fee, if required, as
herein provided, and a tag for each dog or cat licensed. The license shall be
dated and numbered and shall bear the name of Port Orchard, Washington, the name
and address of the owner or keeper of the dog or cat licensed, the name of the
dog or cat and a description of the dog or cat, including its age and sex. The
tag shall bear the name of Port Orchard, Washington, a serial number
corresponding with the name on the license. It shall be the duty of every owner
or keeper of a dog or cat to keep a substantial collar on the dog and attached
firmly thereto the license tag. In lieu of a substantial collar, the dog or cat
may be tattooed or micro -chip implanted.
7.12.050 ANIMAL LICENSES NONTRANSFERABLE. Dog or cat licenses as
provided herein shall not be transferable from one dog or cat to another.
7.12.060 LOST ANIMAL TAGS. Lost tags may be replaced by a
substitute identification tag upon payment of two dollars to the city clerk, or
authorized agent.
7.12.070 UNLICENSED DOGS OR CATS IMPOUNDED. All dogs and cats not
licensed hereunder, are nuisances and may be seized and impounded; provided, that
the provisions of this section shall not apply to dogs brought into the city for
the purpose of participating in a dog show, nor to "seeing -eye" dogs properly
trained to assist blind persons, when such dogs are actually being used by blind
persons for the purpose of aiding them in going from place to place.
7.12.080 PROOF OF VIOLATION OF UNLICENSED DOG. Proof of violation
of Section 7.12.010 and 7.12.015 shall be established on the basis of the records
of licenses of the city clerk or the impounding authority. Proof of violation
may also be established upon the admission of the owner or keeper of a dog or cat
that it is not licensed. Any dog or cat that does not have a proper current
license will be presumed to be unlicensed.
7.12.090 ANIMAL OWNERSHIP RESTRICTIONS. The number of dogs or cats
at a single-family dwelling unit shall be restricted to a total of three dogs
and/or cats. A request for variance from ownership restrictions, as stated in
this section, may be submitted to the City Council. A variance request must be
based upon the existence of a situation by which the restriction would create an
undue hardship.
7.12.100 KENNEL LICENSES. There shall be no kennels licensed in the
city.
7.12.110 DATE OF VIOLATION. The date of violation of the provisions
of this section shall be the date on which it became known to the Port Orchard
Police Department or to the impounding authority that such person, keeper, firm
or corporation has an unlicensed dog.
Ordinance No. 1607
Page 17 of 17
7.12.120 VIOLATION - PENALTY. Any person who refuses, fails to
comply with, or violates, section 7.12.010 or 7.12.015 of this chapter is guilty
of a civil infraction, with a penalty of forty dollars for the first violation,
seventy-five dollars for the second infraction committed with one year and one
hundred dollars for the third and subsequent infractions committed within one
year. Each and every day or portion thereof in which an infraction is committed
shall constitute a separate and distinct infraction.
SECTION 5: SEVERABILITY. Should any part of this ordinance be
adjudged invalid for any reason, such adjudication shall not affect the validity
of this ordinance as a whole or any part thereof.
PASSED by the City Council of the City of Port Orchard, APPROVED and
SIGNED by the Mayor and attested by the Clerk in authentication of such passage
this 12th day of September, 1994.
ATTEST:
Patricia Parks, City Clerk
APPROVED AS TO FORM:
`LESLIE J. WEATHERILL, MAYOR
SPONSORED BY:
City Attorney Councilman Clauson
D
NOTICE 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 September 12, 1994.
ORDINANCE NO. 1607
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON RELATING
TO THE KEEPING AND CONTROL OF DOGS AND OTHER ANIMALS; LICENSING
OF DOGS; PROVIDING OPTIONAL CAT LICENSES FOR NEUTERED/SPAYED
CATS; DECLARING CERTAIN PRACTICES OF CERTAIN ANIMALS TO BE PUBLIC
NUISANCES; DEFINING OFFENSES; ESTABLISHING PENALTIES; REQUIRING
REMOVAL AND DISPOSAL OF ANIMAL WASTE; PROHIBITING HORSES ON
SIDEWALKS; DEFINING DANGEROUS ANIMALS AND PROVIDING PROCESS FOR
RESTRAINT, REGISTRATION, APPEAL PROCESS AND PENALTY FOR FAILURE
TO CONTROL; AND REPEALING ORDINANCE NO. 1386; ORDINANCE NO.1375;
ORDINANCE NO. 1342; ORDINANCE NO. 1322; ORDINANCE NO. 1160;
ORDINANCE NO. 1133; ORDINANCE NO. 1062; ORDINANCE NO. 1059;
ORDINANCE NO. 1011; ORDINANCE NO. 959; ORDINANCE 907; ORDINANCE
NO. 757; ORDINANCE NO. 693; ORDINANCE NO. 683; ORDINANCE NO. 682;
ORDINANCE NO. 17 DIV. 2 §3
Copies of Ordinance No. 1607 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.
City of Port Orchard
Michelle Hager
Deputy Clerk
Publish: Port Orchard Independent
September 21, 1994
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