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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Orchard Municipal Code and sections contained therein and ordinances corresponding thereto be, and the same hereby are repealed. 7.04 Ordinance No. 17, Division 2, Section(s) Ordinance No. 682, Section(s) 1 Ordinance No. 682, Section(s) 2 Ordinance No. 682, Section(s) 3 Ordinance No.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 —summary.wp p1