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HomeMy WebLinkAbout2406ORDINANCE NU. -2.11 06 AN uRDINANCE of the City or rort Angeles amending the City's Animal Control Orainance, providing for spaying or neutering of unclaimed animals, establishing a cat license requirement and related fees, regulating dangerous dogs, amenaing Ordinances 1915 ana 2282, and amending Chapters 7.02, ,.u8, 7.12, 7.16, and 7.1a or the Port Angeles Municipal Code. WHEREAS, tne City Council finds tnat it is necessary to control tne canine and feline animas population in Port Angeles by requiring that unclaimed animals be spayed or neuterea prior to release rrom the Pound; and WHEREAS, tne City Council finds tnat it is necessary to license cats in order to provide tne animal Control Officer with a means of iaentifying such animals; and WHEREAS, tne City Council finds tnat it is necessary to further regulate dangerous dogs due to the increase in numbers of such dogs and injuries caused by them; and WHEREAS, the City Council rinds that the City's Animal Control Ordinance requires updating. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF Purr ANGELES DOES HERhbY ORDAIN as follows: Section 1. Section 1(B)(6) of Ordinance 1915, and Section 7.02.060 or tne Port Angeles Municipal Code are each hereby amended to read as rollows: 7.02.060 Dangerous Animal. As used in this Title, "dangerous animal" means: A. Any dog with a known propensity, tendency, or aisposi- tion to attack, to cause injury, or to otherwise endanger the sarety of human beings or aomestic animals; or B. any aog which attacks a human being or domestic animal one or more times witnout provocation. -1- section 2. section 10(A) of Ordinance 1915, Section 3 of Orainance 2282, and Section 1.08.030 of the Port Angeles Municipal Code are each hereby amended to read as follows: 7.08.030 Redemption by Owner - Procedure - uestruction or Witnnolding of Animal Wnen. Any impounaed animal shall be held for a period of at least forty - eignt hours, provided tnat at least six nours of the forty -eignt snall be within the normal business hours or tne shelter, during wnicn period the owner or custoaian thereof may redeem ana regain custody thereof by paying the City any license fee tnat may be due for sucn animal plus a penalty of twenty -five collars for the first impound plus five dollars per day boarding tees plus any other billable costs incurred by the City to apprehend or care ror an animal; provided that one or the conditions listed below does not prevail. Any succeeding impound of the animal witnin a one -year period snail incur an additional tifteen dollar penalty over the previous penalty incurred plus five dollars per day boarding fees plus any otner billable costs incurred by the City to apprenend or care tor an animal, proviaea that one of the following conditions does not prevail: A. If any animal so impounded shall be surfering from injury or disease of such nature as to require the services of a veterinarian, the same shall not be released rrom the shelter or other place where the same may be neld except to a licensed veterinarian, or veterinary hospital or the owner's choice ana upon an indication of the willingness or the owner to assume tne fees for tne necessary treatment. B. Any animal suffering rrom any incurable injury or aisease or any disease or condition which shall cause the same to De a menace to public health or safety shall be destroyed by the custodian of the shelter in a numane manner and disposed of in such manner as to properly safeguard and protect the public health anu safety. -2- Section J. Chapter /.u8 of the Port Angeles Municipal Code is hereby amended by adding a new section to read as follows: 1.08.050 Acquisition of Animal From Humane Society or City round by City Residents - rrocedure - Requirements. A. The Humane Society or City Pound shall not deliver an unclaimed canine or feline animal to a resident or the City of Fort Angeles unless such resident first pays a spaying or neutering deposit to the Humane Society or City round. Said deposit shall be established by the Humane anu snall be used to pay tne contractual neutering. The fee snail be determined by Society or City Pound costs of spaying or computation of current contractual costs of veterinarian services with the agency and shall furtner be based on the genaer and species of the animal. Such fee shall be in auuition to any administrative and licensing ree imposed by the Humane society or City Pound and the City of Fort Angeles. H. The Humane Society or City Pound shall, at tne time of tne acquisition of the animal, collect the spaying or neutering deposit plus any administrative or licensing rees but shall not require a male animal to be neutered until such animal reacnes eight months or age or a female animal to ne spayed until such animal reaches six months of age. C. In the event tne person acquiring the animal chooses not to have the animas spayed or neutered, tne spaying or neutering deposit shall De forfeited to the City. D. In the event the person acquiring the animal chooses a veterinary service, other than that orrered by the Humane Society or City spaying spaying L Of Pound, for spaying or neutering the acquired animal, the or neutering or neutering section 4. deposit shall be refunded upon proof by a doctor of veterinary medicine. of the Section 3 of Ordinance 1915, Sections Ordinance 2282, anu cnapter 7.12 of the Porgy 1 Angeles and Municipal Cone are each hereby amendea to read as follows: Chapter 1.12 uuu AND CAT LICENSES 1.12.010 Required - Exception. It is unlawful for any person to own, keep or have in possession or control in the amity any dog or cat or either sex more than six months old without having first obtained a license tnerefor. Seeing Eye dogs 'or the blind, owned and kept by a blind inaividual, shall be exempt rrom the licensing provisions of this Title. ,.12.020 Application - Intormation required. application for dog or cat licenses shall be maae at the office of the City Treasurer. Tne tollowing information is required for a dog or cat license: A. Name, address and telephone number of the dog or cat owner; B. Address where dog or cat will be kept it airierent from owner's address; C. Name of dog or cat, breed of dog or cat, it xnown; D. Sex of animal, whether neutered or unneutered and whether spayed or unspayed; E. Certification that the animal has been neutered or spayed shall ne furnished by the owner of the dog or cat. Cer- tification will be considered acceptable if obtained from a doctor of veterinary medicine, license animal breeder, licensees pet vendor, or animal control officer. 7.12.030 Fees. A. rees for dogs licensed in any calendar year or witnin thirty days rrom change of ownership snall be as follows: 1. Neuterea male dogs $ 5.00 2. Unneutered male dogs 11).00 J. Spayed female dogs 5.uu 4. Unspayea female dogs 10.00 -4- B. Fees for cats licensed in any casenaar year or within thirty nays from change ot ownership shall be as follows: 1. Neutered male cat $ 3.00 2. Each additional neutered cat 2.00 J. unneutered male cat lu.uu 4. Spayed female cat 3.00 5. Each additional spayed cat 2.00 6. Unspayed female cat 10.00 C. License fees for dogs apprehended and impounaea without a license shall De as follows: 1. Neuterea male dogs $ 8.00 z. unneutered male dogs cu.00 J. Spayed female dogs a.00 4. Unspayea remale dogs 20.00 License fees snall be paid prior to tne release of the dog(s). D. License Tees tor cats apprehendea and impounded without a license snail be as follows: 1. Neutered male cats $ 6.0u 2. unneutered male cats 15.uu 3. Spayed female cats 6.00 4. Unspayed remale cats 15.00 License Tees shall be paid prior to the release of the cat(s). E. It shall De the responsibility of tne dog or cat owner to present eviaence that his dog or cat is either a neuterea male or spayed remale as specifies in section 17.12.020. 7.12.040 License - Expiration, Renewal, Grace Perioa. A. Each license shall be for a perioa ot one year. Said license snail De due on January 1st or each year, beginning on January 1, 1987, and expire on December 31st of each year; provided tnat a grace period for renewal of a previous year's license shall extena to April 1st of each year. r3. Licenses shall be mace available for purcnase three months prior to each licensing year, whether tor rirst issue or renewal purposes. C. Tne license requirements or this Title do not apply to nonresidents residing within the City less than thirty days. After thirty days a license snail be required. 7.12.uDu Tag - Requirements. The license required shall be a tag or a size and shape suitable to be attached to the collar of the animal for which issued, snall be serially numbered commencing with the number one (1) each year, which number shall be prefaced by tne letter "D" for dogs and "C" for cats, and shall near the number of the year tor which issued. All licenses issued for dogs or cats of either sex shall be permanently attacned to the collar or harness of and worn by the animal for which issued until sucn license shall have expired. Any dog or cat without such a license tag is declared to be a nuisance and may be impounded, witn the owner being subjected to fees specified in Subsections C and D of Section 7.12.uiu. 7.12.060 Tag - Transfer to unlicensed aog or cat prohibited. It is unlawful to remove a valid license tag from a properly licensed dog or cat for use on a dog or cat not licensed. 7.12.070 Tag - Counterfeit Prohibited. It is unlawful to counterfit any license tag to use in evading the purcnase of a license tag. Section 5. Subsection 9(A) of Ordinance 1915 and Sec- tion ,.16.070 of the Port Angeles Municipal Code are each hereby amended to read as rollows: 7.16.070 Dogs. It is unlawful for the owner or cus- todian of any aog to cause, permit or allow such dog to roam, run, stray, or to be away from tne premises of such owner or custodian ana to be on any public place, or on any public prop- erty, or tne private property or another in the City, unless such -6- dog while away Prom such premises be unaer control. Any dog found roaming, running, straying, or being away from such premise and not under control as herein provided may be impounaea subject to redemption in the manner provided by Sections /.8.030 and /.08.040. "Under control ", for the purpose or this title, means the aog is on a leash not to exceea ten feet in length ana unaer the restraint or tne owner or custodian, or on or within a venicle being driven or parxed on the streets, or witnin the property limits ot its owner or keeper, or taxing part in a special event with the prior written approval of the wort Angeles Police Department or within the care ana custody of a law enforcement agency. Section 6. Subsection 9(x) of Ordinance 1915 ana sec- tion 7.16.080 of the runt Angeles Municipal cuoae are each hereby amended to read as follows: /.16.080 Animal Entering Private Property Nuisance When. Any domesticated animal which enters upon other persons* properties without the permission of such persons is a public nuisance. Section 7. Subsection 9(L) of Ordinance 1915 and Sec- tion /.1b.090 of the Port Angeles Municipal Code are eacn nereby amended to reaa as follows: 7.16.090 Animal Kept on Public Property Nuisance When. Animals staked, tetherea, or kept on public property without prior written consent ot the Animal Control Authority are a public nuisance. Section 8. Subsection 9(M) or ordinance 1915 and Sec- tion 7.16.100 or the Port Angeles Municipal code are each hereby amenaea to read as follows: /.16.100 Animal on Public Property Nuisance Wnen. Animals on any public property not under control by tne owner or other competent person are a public nuisance. -7- Section 9. Subsection 9(u) ot Ordinance 1915 and sec- tion 7.16.110 ot tne Tort Angeles Municipal Lode are each hereby amenaed to read as follows: 1.16.110 Interference with Public Ways Declarea a Nuisance. Any domesticated animal which snaps, jumps upon or otherwise threatens persons using the public sidewalks, streets, alleys or other public ways is a public nuisance. Section 10. Subsection 9(0) of Ordinance 19.1.5 and Sec- tion /.16.120 of the Port Angeles Municipal Code are each hereby amended to read as follows: 7.16.120 Dogs in racks. Dogs running in packs are a public nuisance. Section 11. Subsection 9(r) of Ordinance 1915 ana sec- tion 7.16.130 of the rort Angeles Municipal Loae are each hereby amenaed to read as follows: 1.16.130 Trespassing, Attacking Other Animals Declared a Nuisance. Any animal or animals whicn trespass on school grounds or attack otner animals are a puoiic nuisance. Section 12. Subsection 9(I) of Ordinance 1715 and Sec- tion 7.16.140 or the Port Angeles Municipal Code are each hereby amenaed to read as follows: 7.16.140 Dangerous cogs. A. No person owning, harboring or having the care of a dangerous dog shall allow or permit such animal to go unconfined on the premises of sucn person. A dangerous dog is unconfined" as the term is used in tnis Section if such dog is not securely confined indoors or continea in a securely enclosea and locked pen or structure upon the premises of the person described in this Section. Such pen or structure must have secure siaes and a secure top. Ir the pen or structure has no bottom secured to tne sides, the sues must be embedded in the ground no less than one foot. -u- J3. No person owning or narcoring or having the care of a dangerous dog snail allow or permit sucn aog to go beyond the premises of such person unless such dog is securely leashed and humanely muzziea or otherwise securely restrained. C. A person who is convicted of violating this Section shall be round guilty of a misdemeanor. The penalty shall be a maximum fine or rive hundred dollars ana /or a jail sentence or six months. Furtner, any person founa guilty of violating this Section snall pay all expenses, including shelter, rood, veter- inary expenses for identirication or certification of the breed of the animal or boaraing and veterinary expenses necessitated by the seizure or any dog for the protection of the public, and sucn other expenses as may be required ror the destruction or any such aog. In addition, any aangerous dog which attacks a human being or domestic animal may be ordered destroyed wnen, in the court's judgment, such dangerous dog represents a continuing tnreat of serious harm to numan beings or domestic animals. Section 13. Subsection 9(F) of Ordinance 1915 and Sec- tion 7.16.150 or the Port Angeles Municipal Code are each hereby amended to read as follows: 7.16.150 Chasing venicles. Any domesticated animal which cnases or runs after vehicles using the public streets and alleys is a public nuisance. Section 14. Subsection 9(H) of Ordinance 1915 and Sec- tion /.18.050 of the Port Angeles Municipal Code are each hereby amended to read as roiiows: 7.18.050 Dangerous Animal. Any animal which consti- tutes a aanger to the safety or persons or property orr its premises or lawrusly on its premises is a public nuisance. Section 15. Subsection J) of Ordinance 1915 ana sec- tion 7.18.ub0 of the Port Angeles Municipal Code are each nereby amendea to read as follows: -9- 7.18.060 Annoying Animal Noise. Any domesticated animal which by frequent or excessive howling, yelping, whining, or barking or other oral noises unreasonably annoys or disturbs other persons in the vicinity ot tne premises or upon the public street is a public nuisance. Section 16 Severability. if any provision of this Ordinance, or its application to any person or circumstance is held invalid, the remainder or tne Ordinance, or the application of the provision to other persons or circumstances is not arrected, and to this end tne provisions of this Ordinance are declared to ne severable. Section 18 irfective Date. This Ordinance shall take ettect as provided by law. PASSED by the City council of the City ot Port Angeles at a regular meeting or said Council held on tne /5 4Cday of J(4114_ , 1986. AT•TtIbT : AL Apr c @f 1 _St& Sherri L. Anaerson, Acting City clerk ArrxUVEDLAS TO FORM: Craig D. tnutson, City Attorney PUBOISHED: (.1905J (0, !CTh -10-