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HomeMy WebLinkAbout3176ORDINANCE 3176 AN ORDINANCE of the City of Port Angeles, Washington relating to the control of dogs, cats, domestic livestock, and exotic animals. The ordinance provides for levels of animal control within the City of Port Angeles designed to protect human health and safety, and prevent injury to human, animals or property. Title 7, Animals, of the Port Angeles Municipal Code is repealed in its entirety and replaced with a new Title 7. THE CITY COUNCIL OF THE CITY OF PORT ANGELES does hereby ordain as follows: Section 1. Title 7 of the Port Angeles Municipal Code is hereby repealed in its entirety and replaced to read as follows: piers: Yotenhally llangeruus an iiangerou 7.10 Prohibitcd Acts 7.12 Animal Shclter 7.14 Wild Animal Control ties lap . SSeetions: rpose. uiitions. uty. it (Ord. 2475 § 1, /.U1.. tons. l orn�,oscs oI i111s t 1uc. A. "Abandoned Animal" means an animal deliberatcly lcft in any location to-its-owner-or en-sten:ham 13. "Animal" incans any li ertd,ratc creature, drastic or-wifrb E. "Animal Sheltcr" incans any facility operated by a humane society, or For thc purposes of this Titic, premises of the owner or custodian shall be defined as thc 1. It is attachcd to a leash or chain of sufficient strength to restrain the -2- �c�tramc�t -cm ar rttaita motor vcnlcte, nousea ni a vcrcrmary ttie catcnt rcqulrca by tnls l ltic. I. "Dangcrous Animal" nicans any animal that according to thc rccords of the orrpublit-or private-property; • 1 1 11 • . • ty; or 3. Ilas bccn previously found to Lc potentially dangcrous, thc owner • • :. 1 - :1 • 1 K. -.. • 11 • . 1 "Guard Dog" shall mean any dog trained -or uscd to pn,tLct persons �r by thc dog and that is cithcr sccurely cncloscd within that arca at all timcs or undcr the Lontinuous e0litiol i T 11! ainLu uauuioI. uidc Animal" means an anima alned or approvtd Ly a �. R. "Potentially Dangerous Animal" 'mans any animal that whcn unprovokcd: lllillcts bites on a Human o c , cithcr on public or ascs or-approacncs a person upon tti strect�, stctcwartcs, or any -3- • • • 1 . . . • . T. • • • • • .. • .. "Scram Ciiffincin-cnt Indoors" means that the animal may not- lx.: -kLpt on means an animal that is tlathe appi0vea -,y i �re L1�Ury lly physical Infury tha 0Atli tjOiics Of etcrinary hospital" ri cans an cstanlisnrnent rcgularly main aim a or animals. X. "Wild Aiiimal" mcans any animal that is not a domcstic animal, as dcfined 7 02 030 Gcncral Duty. o thing in this Title is intcnded to crcatc a cause of action rity - lntcrrLfl.ncc Witn Vuiccr 1"ro nimal uomioi'itceoros a ntcnt�4utliority - lnta fcronce with Utircer Pfa . mis(lcnlcanors, or class 11 rrns , mica for S' c InorespecflIcanyproviaca in l itle / l Alvll -4- 7.04.030 Animal Control Records and Revenues. ity rate rewords t. lvumber of complaints receivca, 2. Numbcr of animals apprchcndcd by typc, 3. Numbcr of animals redccmed, 4. Numbcr of animals acstroyca, 5. Number of animals declared potentially dangerous, umber or animals fleclarca aangcrous, suca. CVLfUCS. All ANL, nu fCCtL a piagiaui iall b positcd in and become a part of the Gcncral Fund of the City. (Ord. 2475 § 1, 2/19/88) ptcr 1. Sections 'gtli rca - Lxeep • pp s. i nanon Kequlrca. c ag - Kequire mcnts. ag - Transfer to Unliccnrg or Cat Prohibited. , Kenewal, brace 1"cnoa. g /.UG.0 1 t1 Kcqulrcd - Lxecptlon. It is unlawrul for any person to own, Keep or nav -5- I.u.uzu Appllcatiul- mum . pp Ica tor clog ca ns s s a _ • • 11 V • • or-eat-lirese:- • E. Ccrtification that thc animal has becn ncutcrcd or-spayed shall bc furnished by . . dog a aCCeptatAC l OLtalflCcrliOln d • 1 11 .1 • officer. • V • 11 11 .1 nncutcred or mispayed dogs or cats as foliows: • • • • • cu ere ilia cogs V • • • 111 1 1 •• 11 • p y a cogs g nspayca ma cogs V 11• • 1 11 V 1 • • 1 1•1 1 11 •• •11 • u c cats pap., %.,ma cat pay iccnse - Expiration, n anuary ist of 01 eacn year, cginning on anuary 1, 193J, and cxp t ytai. -6- within the City less than thirty days. After thirty days a liccnse shall be required. harness of and worn by tlio artairal for which until such licensc shall have cxpirod. Any the owncr being subjected to fames spccified in Subs-cetions B and C of Section 7.06.030. • • • I .: 1 II 1 use in evading the purchase of a liccnsc tag. iaptcr i. Sections-:. �trarat'Oil and NOticc. earing. 7.07.010 Declaration and Notice Whenever the Animal Control Officcr determines, ordinances. Such noticc shall includc: V trflil of lc st fie trens pertaming to that c icattun. -7- pter 1. Sections cgistration xequtrco - W li cn. egtstration - roun g vi iia glstla ton - W licn V alto. 7.08.050 Notif�catiatr- ether Ji1rtschcttons. 7.08.060 Sale or Transfer of Ownership Within City Prohibited. 7 08 070 Rcgistration - rcc. q 7.08.100 grapns. Classification by Court. 11. gtstranon xeq . It is unlawrul for an owncr to llay certificate of r_gistration in cffcct from the Animal Con a -8- 7.08.020 Rcgistration - Grounds for Issuance. Thc Animal Control Officcr shall issuc a cicarly visible warning sign that such a.m. piipty. L 1; frl vWtter-Shaff err • • • I • • V • • • • • • • - • • • • V • V • VI • • • • • •• • V • • notice-to-the Animal Control Officer. • • • • • V • II • • • • • i • • • • I • .1 TV • 1 •` • • • gistratio • • • prcmises arc posted as rcquircd un cr . . , I • • • makc a dctcrmination as to the clas such addrcss is within ui without the-C-itr- -9- p w ltnln L1ty angcrous orpotal tiallydaiigcrotts guired C , Any owncr of an animal r,..gistcrcd or rcquircd to be rcgistercd undcr this L,tc- rccqu1 1 owner or a pen ntla Lai fg_dplis. valans of potentially 7.08.100 Classification by Court. If the Aaimal Control Officer has -lot previously 7.08.110 Confiscation and Penalties. In addition to citing the owner for violation of laptcr; of vallaly reglsterca unacr ction /.utS.ulu, c owner does not sccurc the liability insuran -10- q Chasing Vehicles. 7 10 010 Pielccti ng, Ainma , rpn,l�ct any animal on any public property or in such a fashion that the same may go upon any public or at large may be impoundcd, subject to rcdcmption m the manner p iaca ty unaptcr 7 10 025 further Kcstramt Kequire d Upon C;oinptaint. upon rcceip i 7.10.040 Bitin Chasin Attackin Persons or Animals. It shall be unlawful for any • • • .. . • .. • • • • .. ..• . • . .. . • • . • 7.10.050 ChasingVehicles. It shall be unlawful for the owner or custodian of any ys. 7.10.090 Acl.cssible Penialc in IIcat. No person shall permit a female domesticated -12- are-met: ogs shall ec coi a actc qua tc to cnsui c tncy four (24) hours a day; and placing of a guard dog on any property, the person or persons pier i. Sections - 'ca. �fasal to Pay Fees - Pcnalty. 1 c1. ton arRceh,rnpt�an Atter i arty -t igtlt ul s. quisition of Animal From Ilumane Socicty or City Pound by City quireinents. 7.12.010 Establishcd. Thcrc is cstablishcd for thc City a pound for thc restraint, carc -13- Whcn. Any impoundcd animal shall be held for a period of at lcast forty -eight hours, provided • .. . . . • . . • • . • ••• . • i.1z.v4� icerusatto- ay itccs naity. nh r ree cem-any imp y's fi;�s, incull ed by the City to colkLt -sucl fccsas ivay y pchalties that a curt may assess. ption Atter 1Orly -Light l lours. Any impoundcd amm �°: ° • • 11 • "^ °° • • . D " ^ l i • " , ^°"^, * ", ° "" . , ". • • °^. • • • V " umanc oci y or it' »nodao rvn o ngc. , ~ ~ -~ • 11 " "° "" "" • ^� ~ .■ vayed or • •• °° • • 1' "^, • ^ " "~ ~ ".' ^° •• • "~ • • • 'apt ur7. " " 1 111 • °° ° Sections-: SS uoCc - Lxn o on zccc re . mina -15- Sections:. cr liarK. et and Part: Restrictions. perry. n w aivcrs issuea. n Privat �n..l.lsslv.. V Vr vAA,Upiti i1n.rcof- lap tel / . sections- an rung Animal unrawtlll - tmpou alnliig ror i lgnting g w. ark., and l ecdmg Rcquin,ments. alrq 'l.orsc on pl matt pi-opt Y. awful - Daver's Doty at Accident. .l O..JJ �rsomng un ptio.r. oung r ow r - unrawrul. -16- his possession for such purpose. Vivlation of this Scction shall be a Class I rnisdeureanor. in accidents, when present, shall pro mptly identify themselves. Violation of this Section sha rn sdenreanor whir d in RCW 16.52.190. Violation of this Sc • i e.U1,v ivirstnamIent, a ng i ow r - vi il. A. It is unlawful fvr airy pers,,n to. . Ncglrgtiitiq -or intentroi ca m. aiIrani re pain, -17- Violation of this- Section shall be a Class I nri-sd,..reanor. P r i. signatcd. 7.20.010 Designated. Exccpt as othcrwisc provided, violation of the provisions of this Chapters: 7.01 7.02 7.03 7.04 7.05 7.06 7.07 7.08 7.09 7.10 7.11 Title 7 ANIMALS General Provisions Dogs and Cats Potentially Dangerous and Dangerous Dogs Livestock Rabies and Quarantine Impound Procedures Enforcement and Penalties Leash Control Area Animal Cruelty Inherently Dangerous Animals Hunting Chapter 7.01 GENERAL PROVISIONS Sections: 7.01.010 Purpose 7.01.015 Enforcement Authority 7.01.020 Complaint Filing & Investigation 7.01.025 Animal Control Records & Revenues 7.01.030 Definitions 7.01.035 Responsibility for Payment of Costs & Fees 7.01.040 Animal Shelter 7.01.045 Disposal of Animal Carcasses and Remains 7.01.050 Agreements 7.01.055 Severability 7.01.060 Effective Date 7.01.010. Purpose. It is the purpose of this Title to provide a means of controlling animal behavior so that such behavior shall not endanger human safety or become a public nuisance. It is also the purpose of this title to provide for the humane use, care, and treatment of animals. 7.01.015. Enforcement Authority. The Animal Control Authority of the City of Port Angeles is vested in the Chief of Police, who may delegate animal control duties as he /she may determine. 7.01.020. Complaint Filing & Investigation. The primary Animal Control Officer designated by the Chief of Police shall keep records relating to seizure, impoundment, violations, and complaints concerning animals, and records of potentially dangerous and dangerous animals. Such officer has primary responsibility for investigation of citizen complaints, issuance of citations, and is responsible for making initial classifications of potentially dangerous and dangerous animals. Any citizen may request that a particular animal be declared dangerous or potentially dangerous by filing an affidavit or certified statement setting forth all pertinent known information about such animal with the Police Department. An Animal Control Officer may issue citations to any owner who commits or whose animal does or commits any prohibited act, event, or conduct under this Title. 7.01.025. Animal Control Records and Revenues. A. City Treasurer Records. The City Treasurer shall maintain accurate records on the number of licenses sold and revenues received under this Title. B. Animal Control Officer Records. In addition to those records referred to in Section 7.01.020, the Animal Control Officer shall maintain accurate records and submit a -19- monthly report to the Chief of Police on the following items: L Number of complaints received; 2. Number of animals apprehended by type; 3. Number of animals redeemed; 4. Number of animals destroyed; 5. Number of animals declared potentially dangerous; 6. Number of animals declared dangerous; and 7. Number of citations issued. C. Revenues. All revenues received from the animal control program shall be deposited in and become a part of the General Fund of the City. 7.01.030. Definitions. In construing the provisions of this Title, except where otherwise plainly declared or clearly apparent from the context, words used herein shall be given their common and ordinary meaning; in addition, the following definitions shall apply: A. "Abandon" means to desert, leave behind, or quit providing for an animal. B. "Abatement" means the termination of any violation by reasonable and lawful means in order that a person or persons presumed to be the owner shall comply with this Chapter. C. "Abuse" means to mistreat or wrongfully use an animal. D. "Adult Dog or Cat" means any dog or cat over the age of six (6) months. E. "Agent of the Owner of Livestock" means any person who rents pasture to the owner of livestock or any person who is the caretaker of the pasture or livestock. F. "Ameliorate" means to make or become better; improve. G. "Animal" means any domestic animal as defined in Section 7.01.030 R., any inherently dangerous animal kept by any person as defined in Sections 7.01.030 CC and 7.01.030 DD, and all livestock as defined in Section 7.01.030 II. H. "Animal Control Authority" means the City of Port Angeles, acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, county and state and the shelter and welfare of animals. "Animal Control Officer" means any individual employed, contracted or appointed by the Animal Control Authority for the purpose of aiding in the enforcement of this Title or any other law or ordinance relating to the licensing of animals, control of animals, or seizure and impoundment of animals. Animal Control Officer includes any state or local law enforcement officer, police officer, or other employee whose duties in whole or in part include assignments which involve the enforcement of animal control laws. Animal Control Officer also includes those Humane Society employees authorized by the court, pursuant to RCW 16.52.011, to enforce animal control laws. J. "Animal Shelter" means a facility which is used to house or contain stray, homeless, abandoned, or unwanted animals and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization or person devoted to the welfare, protection, and humane treatment of animals. K. "Bite" means the act of the animal's teeth seizing or penetrating human or -20- animal skin or clothing. L. "Canine" means a Canis familiaris, bred in a great many varieties, and includes both male and female, and hereafter referred to as dog. M. "Commercial Kennel or Cattery" means: 1. Any establishment, person, or business which takes in for resale or boarding another person's dogs or cats. 2. Any establishment, person, or business which produces for sale more than one (1) litter of cats or dogs per year. N. "Committed" means a notice of civil infraction was issued, and the infraction was not dismissed by the court, and the court entered a default judgment for the infraction or determined that the infraction was committed, regardless of the filing of any appeal by the violator or the violator's failure to respond to a notice of civil infraction. O. "Cruelty" means every act or failure to act which results in unnecessary physical pain or suffering to an animal. P. "Dangerous Dog" means any dog that inflicts severe injury on a human being without provocation on public or private property, or kills a domestic animal without provocation while the dog is off the owner's property, or has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans. Q "Director" means the Chief of Police or his /her designee. R. "Domestic Animal" means an animal, such as any dog, cat, rabbit, bird, or other animal normally kept as a pet. S. "Equestrian" means a person who is riding or leading any horse. T. "Euthanasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness and death during such loss of consciousness and which is performed according to current American Veterinary Association guidelines. U. "Feline" means a Felis catus, bred in a great many varieties, and includes both male and female, and hereafter referred to as cat. V. "Feral" means any wild animal or any animal having escaped from domestication and becoming wild. W. "Harboring" means allowing any animal to remain, be lodged, fed, or sheltered on the property one owns, occupies or controls, for more than twenty -four (24) hours. X. "Harboring of an Inherently Dangerous Mammal and /or Inherently Dangerous Reptile means to allow an inherently dangerous mammal, inherently dangerous reptile, or any other inherently dangerous animal to remain, lodge, be fed, or be given shelter or refuge within the person's home, store, yard, enclosure, outbuilding, abandoned vehicle or building, place of business, or any other premises in which the person resides or over which the person has control. Y. "Horse" means a domesticated Equine, bred in a great many varieties, and includes other animals such as mules and jackasses. -21- Z. "Hours of Darkness" means the hours from one -half ( /)hour after sunset to one -half (/)hour before sunrise, and any other time when persons or objects may not be clearly discernible at a distance of two hundred feet. AA. "Humane Trapping" means capturing any animal without causing intentional injury or death to the animal, and providing reasonable protection and care for the animal until it is delivered to a shelter or turned over to an Animal Control Officer or owner. BB. "Infraction" means an offense, which is not a crime and is subject to the provisions of this Chapter. CC. "Inherently Dangerous Mammal" means any live member of the canidae, felidae, ursidae families, bats, raccoons, skunks and foxes, including hybrids thereof, which, due to their inherent nature, may be considered dangerous to humans, and which includes: 1. Canidae, including any member of the dog (canid) family not customarily domesticated by man, or any hybrids thereof, such as wolf hybrids, but not including domestic dogs (canis familiaris). 2. Felidae, including any member of the cat family not customarily domesticated by man, or any hybrids thereof, but not including domestic cats (Felts catus). 3. Ursidae, including any member of the bear family, or any hybrids thereof. 4. Bats, raccoons, skunks or foxes. DD. "Inherently Dangerous Reptile" means any live member of the class reptilia which: 1. is venomous, including, but not necessarily limited to, all members of the following families: Helodermidae (Beaded Lizards - Gila Monster, Mexican Beaded Lizard), Viperidae (Vipers and Adders), Crotalidae (Pit Vipers), Altractaspididae (Mole Vipers), Hydrophilidae (Sea Snakes), and Elapidae (Cobras); or 2. is a "rear fanged" snake of the family Colobridae (rear fanged snakes) that are known to be dangerous to humans, including, but not necessarily limited to, all members of the following families: Dispholidus typus (Boomslang Snake), Thebtornis kirtlandii (Twig Snake), and Rhabdophis spp. (Speckled Belly Keelback and Red Necked Keelback); or 3. is a member of the order Crocodilia (crocodiles, alligators, and caiman) . EE. "Lawful Fence." In addition to the description of lawful fence described in the Revised Code of Washington, lawful fence shall mean any fence or physical barrier with the capability of safely holding /restraining the animal(s) being secured within. FF. "Leash" means a chain, rope, leather strip, nylon strip, or other device that is in good condition and capable of holding /restraining the animal to which it is attached to a distance of no more than six feet. GG. "Leash Control" means a dog is on a leash and under responsible human control in all areas of the City. HH. "Livestock" means horses, mules, jackasses, cattle, sheep, llamas, alpacas, goats, swine, poultry, and rabbits. -22- II. "Microchip" means a commercially sold and nationally recognized and registered with the City of Port Angeles, small magnetic device commonly inserted under the skin of an animal and which contains a magnetic or electronic animal identification number. JJ. "Neglect" means the act of leaving an animal without food, water, or care in a situation where the conditions present an immediate, direct, and serious threat to the life, safety, or health of the animal. KK. "Notice of Violation" means a verbal warning, or a written warning, or a civil notice of infraction. LL. "Notification" means the service of a notice on the animal's owner, any resident of the owner's residence, or the mailing of the notice by certified and regular mail. MM. "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal. Owner also means any person, firm, corporation, organization or department having interest in or having control or custody of property. NN. "Poultry" means chickens, turkeys, ratites, and other domesticated fowl. 00. "Premises" means any house, dwelling unit, or building and the curtilage thereof. PP. "Private Kennel or Cattery" means any establishment, person, or business having more than four (4) adult dogs, or more than four (4) adult cats, or more than a combination of 4 thereof and producing no more than one (1) litter of dogs or cats for sale per year. QQ. "Proper Enclosure of a Dangerous Dog" means that on the owner's property a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the entry of children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides, a secure top, an escape proof floor, and shall also provide protection from the elements for the dog. RR. "Public Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular traffic. SS. "Quarantine" means the placing and restraining of any animal by agents in charge thereof within a certain described and designated enclosure or area within the City, as may be directed by an Animal Control Officer. TT. "Rabies Vaccination Certificate" means a rabies vaccination certificate issued by a licensed veterinarian. The certificate shall be signed by the veterinarian and shall indicate the expiration date of the vaccination, the type of vaccine used, and an identifying description of the animal vaccinated. UU. "Ratite" means ostrich, emu, rhea, or other flightless bird. VV. "RCW" means Revised Code of Washington. WW. "Right of Way" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. XX. "Running At Large" means to be off the premises of the owner and not under the control of the owner or competent person authorized by the owner. -23- YY. "Running in Packs" means a group of three or more dogs running upon either public or private property, not that of its owner, in a state in which either its control or ownership is in doubt or cannot readily be ascertained, and when such dogs are not restrained or controlled. ZZ. "Severe Injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery, or multiple bites to a human. AAA. "Shelter Officer" means any individual employed by a shelter for the purpose of controlling and providing care for impounded and surrendered animals or destroying animals by euthanasia. BBB. "Under Control" means the animal is under leash control or caged so as to be thereby restrained from approaching any other person, other animal, or entering upon the property of another and from causing or being the cause of physical injury or property damage: provided that dogs under proper supervision engaged in agricultural activities, or dogs used by law enforcement agencies, or any animal when otherwise safely and securely confined or completely controlled within or upon any vehicle are considered under control. CCC. "Vehicle" means every device, including bicycles, capable of being moved upon a public or private roadway and in, upon, or by which any person may be transported. DDD. "Working Dog" means any dog which is trained to be used for the control,. protection, or herding of livestock for farming purposes and which is so engaged and behaving according to its training. EEE. "Zoonotic" means a disease communicable under natural conditions from animals to humans. 7.01.035. Responsibility for Payment of Costs & Fees. It is the responsibility of the owner of every animal treated, impounded, and /or destroyed under this Title to pay the costs of treatment, transportation, housing, impoundment, euthanasia, and fees for such animal. Abandonment of the animal does not relieve the owner of such responsibility. It is unlawful for the owner of animals treated, impounded, and /or adopted pursuant to the provisions of this Title to fail to or refuse to pay the impound fees, transportation, boarding, veterinary care, licensing, adoption, euthanasia costs, fines, restitution or other required fees or costs as set forth in this Title. Violations shall be a misdemeanor.Any provider, other than the City of Port Angeles, of services under this Ordinance, including but not limited to transportation, medical veterinary services, boarding, or euthanasia, shall seek payment directly from the owner of the animal and shall not seek or be entitled to payment from the City of Port Angeles, except that the provider may seek payment from the City of Port Angeles when the animal is referred to the provider by the City and the owner is unknown. In cases where the animal is referred to the provider by the City and the animal is not wearing a license tag, scanning for microchip is unsuccessful, and no owner is known, medical care may be limited by the City to providing humane euthanasia of the animal. -24- 7.01.040. Animal Shelter. A. The City may contract with an animal shelter for detaining animals surrendered to or apprehended by City Animal Control Officer(s). B. The Animal Shelter shall have facilities for housing animals that are injured or ill, or possibly contagious with infectious disease: facilities for housing dogs and cats under quarantine: and facilities for the humane destruction of animals by euthanasia. C. The Animal Control Authority shall operate said shelter(s), or contract with a public or private or non - profit organization for shelter services. D. Shelter Officers employed by the shelter shall have the authority to collect license fees as set forth in Section 3.70.120 PAMC, and impound fees and costs as set forth in Section 3.70.120 PAMC. E. No animal covered under the City's contract for animal sheltering shall be used, sold, loaned, or given away for medical or research purposes, whether the animal is dead or alive. 7.01.045. Disposal of Animal Carcasses. It shall be unlawful to dispose of or dump dead animals, animal carcasses, or animal parts on public property. It shall be unlawful for a commercial establishment charging for the disposal of animals to dispose of animals by dumping or burying without proper permits. Violation of this section shall be a misdemeanor. Disposal of Animal Carcasses must comply with PAMC 8.24, Disposal of Dead Animals. 7.01.050. Agreements. The City Council may enter into agreements with any veterinarian, governmental agency, city, corporation, or individual it deems necessary to carry out the provisions of this Title. 7.01.055. Severability. If any portion of this Title is held invalid, it is the intent of the City Council that such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this Title. 7.01.060. Effective Date. This Title shall take effect ten days after adoption, except that the mandatory licensing requirements contained in Chapter 7.02.015 shall take effect on January 1, 2005. Sections: 7.02.010 7.02.015 7.02.020 Chapter 7.02 DOGS AND CATS Dog and Cat Licensing - Regulations Dog and Cat Licensing - Civil Violations Dogs and Cats Kept Outside -25- 7.02.025 7.02.030 7.02.035 7.02.040 Control of Dogs and Cats - Civil Violations Unlawful Release Animal Waste - Owner Responsibility Humane Trapping or Catching of Dogs and Cats - Procedure 7.02.010. Dog and Cat Licensing - Regulations. A. All dogs and cats over the age of six (6) months shall be licensed. Dogs and cats younger than 6 months and vaccinated for rabies may be licensed. A current rabies vaccination certificate must be presented when purchasing a dog or cat license. A late penalty shall be added if the owner fails to renew a license within thirty (30) days of expiration. There shall be a fee for replacement of any lost license tag. License fees may be paid to either City or private licensing outlets as designated by the Director. A service charge in addition to the regularly set fees may be collected and retained by all private licensing outlets designated by the Director for each animal license issued. Upon payment of the license fee, the licensing outlet shall give to the owner of such animal a license and metallic tag for each animal licensed and shall transmit the license form to the Animal Control Authority which shall maintain records of all licenses. B. All licenses issued pursuant to this Chapter shall be dated and numbered, and shall bear the name of the City of Port Angeles, the name and address of the owner of the dog or cat, and a description of the dog or cat. A metallic tag bearing a serial number corresponding to the number of the license will be issued to the owner. If the owner presents proof that the dog or cat is microchipped, the microchip number will be recorded on the license. Neither the City nor the animal shelter shall be liable for the failure of a scanner to detect the presence of a microchip. C. It shall be the duty of every owner to attach the valid metallic license tag to the collar worn by his/her dog or cat when the dog or cat is off the owner's property. D. Upon the sale or other transfer of ownership of any dog or cat, the dog or cat shall be re- licensed by the new owner. E. All license fees, late penalties, and service charges collected under the provisions of this Section, other than civil penalties and criminal fines, are set forth in Chapter 3.70 PAMC. The animal control authority may, at its discretion, temporarily reduce license or other fees at special events or clinics held to encourage compliance with this ordinance. F. Exceptions: Licenses are not required in the following circumstances: 1. Nonresidents temporarily residing in the City of Port Angeles for a period less than sixty (60) days, provided, however, that animals classified as dangerous or potentially dangerous must be registered within 24 hours as provided in Section 7.03.040E PAMC. 2. Dogs or cats held for rehabilitation by a recognized rescue organization, except that such dogs cannot be bred nor can they be held for longer than ninety (90) days without licensing. 7.02.015. Dog and Cat Licensing - Civil Violations. The following dog and cat licensing regulations are designed to protect public health and safety and the welfare of dogs -26- and cats. The owner of a dog or cat shall license his/her dog or cat as required in Section 7.02.015. Any violation is a Class 1 civil infraction per state law. It is unlawful for any person to violate any of the following regulations: A. Owning an unlicensed dog or cat over the age of six (6) months. B. Owning a dog or cat over the age of six (6) months that is off its owner's property while not wearing a collar with a current valid metallic license tag attached; C. Owning a dog or cat wearing a license tag registered to another dog or cat; D. Removing a license tag from any dog or cat without the authorization of the owner of the dog or cat, or E. Falsely representing whether any dog or cat is neutered, non - neutered, spayed, non- spayed, or microchipped for the purpose of securing a dog or cat license. 7.02.020. Dogs and Cats Kept Outside. Every dog or cat kept or left outdoors shall have food, water, and shelter available. A. Food shall be available daily; water shall be available at all times. B. Shelter shall be available at all times and shall consist of a structure, which has a watertight roof and is capable of protecting the dog or cat from the elements. The structure must be large enough for the dog or cat to enter, be able to stand up, turn around, and lie inside. 7.02.025. Control of Dogs and Cats - Civil Violations. A. The following dog and cat control regulations are designed to protect public health, safety and the welfare of dogs and cats. The owner of a dog or cat is strictly liable to control his /her dog or cat as required herein. This means that the penalty for violation of these regulations is imposed without regard to the intention of the violator. The violation of subsection (1) of this Section is a Class 1 civil infraction. It is unlawful for the owner of a dog or cat to fail to prevent said dog or cat from: 1. Inflicting a bite on a human or animal (except where the animal has entered onto the dog or cat owner's property where the dog or cat is confined); 2. Running at large; 3. Not being under leash control while off the owner's property; 4. Entering any place where food is stored, prepared, served or sold to the public. This Section shall not apply to any service animals serving the blind, deaf, disabled, or others with a recognized need, or to dogs used by armored car services, private security companies, or law enforcement agencies; 5. Any public building or hall without official permission. This Section shall not apply to any service animals serving the blind, deaf, disabled, or others with a recognized need; or to dogs used by armored car services, private security companies, or law enforcement agencies; 6. Being accessible to other dogs or cats, while in heat, for purposes other than controlled or planned breeding; 7. Chasing, running after, or jumping at vehicles using public roadways; 8. Snapping, growling, snarling, barking in a threatening manner, jumping upon, chasing, or otherwise threatening persons while the dog is not restrained and is off the -27- property of the owner; 9. Howling, yelping, whining, barking, or making other noises in such a manner as to disturb any person or groups of persons to an unreasonable degree, except that working dogs as defined in section 7.01.030 EEE are exempted. The following examples constitute prima facie evidence of disturbing a person or group to an unreasonable degree, provided, however, these examples are not exclusive. Laj Two or more complaints from different complainants within a 24 -hour period. Barking, howling, yelping, or whining for more than one -half hour. 10 Prolonged barking, defined as one -half hour or longer, between the hours of 10 PM and 7 AM. 10. Entering upon another person's property without the authorization of that person; 11. Being kept, harbored, or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian; 12. Running in packs while off the owner's property; 13. Damaging or destroying the property of another person, including destroying wildlife that has purposefully been attracted to the person's property; 14. Being staked, tethered, or kept on public property or places of public accommodation without prior consent of an Animal Control Officer; or 15. Entering another's property and injuring or killing any animal that is housed in an adequate enclosure or cat that is on its owner's property. 7.02.030. Unlawful Release. It is unlawful for a person to release any animal not belonging to them from a tether line, run, chain, fenced area, or any other means used to restrain/secure the animal. The only exception would be if failure to release the animal would result in injury or death to the animal. 7.02.035. Animal Waste - Owner Responsibility. The owner of any dog or cat, which defecates while off its owner's property, shall pick up, bag, and properly dispose of the waste. 7.02.040. Humane Trapping or Catching of Dogs and Cats - Procedure. Any person eighteen (18) years of age or older may humanely trap or catch any dog or cat that has entered the premises of that person's property without authorization. After trapping or catching any dog or cat, the person shall deliver it to the animal shelter or turn it over to the animal's owner or an Animal Control Officer within twenty -four (24) hours. In the event a trapped animal is intentionally injured or harmed by the trapper or the trapper intentionally fails to turn the animal over to the animal shelter, animal's owner, or an Animal Control Officer within twenty - four (24) hours, it shall be a misdemeanor crime. -28- Chapter 7.03 POTENTIALLY DANGEROUS AND DANGEROUS DOGS Sections: 7.03.010 Potentially Dangerous Dog - Reasons to Declare. 7.03.020 Dangerous Dog - Reasons to Declare. 7.03.030 Declaration of Potentially Dangerous or Dangerous Dog - Notice, Hearing and Appeal. 7.03.040 Potentially Dangerous Dog - Registration, Requirements, Annual Fee 7.03.050 Dangerous Dog - Certificate of Registration, Requirements. 7.03.060 Potentially Dangerous Dog - Requirements for Restraint and Enclosure. 7.03.070 Dangerous Dog - Requirements for Restraint and Enclosure. 7.03.080 Potentially Dangerous or Dangerous Dog - Ownership. 7.03.090 Potentially Dangerous or Dangerous Dog - Violations and Penalties. 7.03.100 List of Potentially Dangerous and Dangerous Dogs. 7.03.010. Potentially Dangerous Dog - Reasons to Declare. A. An Animal Control Officer may declare as potentially dangerous any dog that: 1. When unprovoked, inflicts a bite on a human or domestic animal or livestock (except where the animal has entered onto the dog owner's property where the dog is confined); 2. When unprovoked, chases or threatens a person upon the streets, sidewalks, any public grounds, or upon private property other than the owner's in a menacing fashion or apparent attitude of attack: 3. Has been declared potentially dangerous by any other governmental jurisdiction for similar violations of state statutes or local ordinances: or 4. Chases, harries, or harasses livestock or domestic animals while off the owner's property. B. Except that: L Dogs shall not be declared potentially dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog, or has in the past, been observed or reported to have tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime. 7.03.020. Dangerous Dog - Reasons to Declare. A. An Animal Control Officer may declare as dangerous any dog that: L Has inflicted severe injury on a human being without provocation; 2. Has killed a domestic animal or livestock (except where the animal has entered onto the dog owner's property where the dog is confined): -29- 3. Has been previously found to be potentially dangerous, the owner having received notice of such, and the dog again bites, attacks, or endangers the safety of humans or domestic animals; or 4. Has been declared dangerous by any other governmental jurisdiction for similar violations of state statutes or local ordinances. 7.03.030. Declaration of Dangerous or Potentially Dangerous Dog - Notice, Hearing and Appeal. A. Whenever an Animal Control Officer finds any dog in violation and determines that said dog should be declared dangerous or potentially dangerous, the officer shall prepare a notice declaring said dog to be a dangerous or potentially dangerous dog and serve the notice as required for a summons on the owner of the dog, except that if the summons cannot be served, it may be posted on the residence. The notice shall contain the following: 1. The name and address of the owner of the dog being declared potentially dangerous; 2. The breed, color, sex, and license number (if known) of said dog; 3. The facts upon which the determination of potentially dangerous dog is based: 4. That the dog shall immediately be restrained as required in Section 7.03.060 or 7.03.070; 5. That the dog shall be registered within ten (10) days of receiving the notice unless a hearing is requested as provided for in Subsection 7 of this section; 6. In the case of a potentially dangerous dog, that if there are future similar problems with the dog, the dog could be declared a dangerous dog pursuant to Section 7.03.020 and required to be registered as provided for in Section 7.03.050; and 7. That the notice constitutes a final determination that the dog is dangerous or potentially dangerous, unless the owner of the dog requests a hearing in writing within ten (10) days of service of the notice. B. In the event the owner of a dog requests a hearing as provided for in Subsection 7.03.030 A. 7, a hearing shall be held within thirty (30) days of the receipt of the request for hearing, unless it is continued for good cause. The responsible Animal Control Officer shall notify the owner of the date, time, and place of the hearing, as well as the right to present evidence as to why the dog should not be declared dangerous or potentially dangerous. The hearing shall be held before the District Court of Clallam County. The hearing shall be informal and open to the public. At the hearing, the records of the Animal Control Officer shall be admissible evidence as to whether the dog is a dangerous or potentially dangerous dog; the owner of the dog may require an officer compiling the record to be present at the hearing; the owner of the dog may present evidence and examine witnesses present; and the burden shall be on the City Animal Control Officer to establish by a preponderance of the evidence that the dog is a dangerous or potentially dangerous dog. -30- C. The District Court judge shall notify, in writing, the owner of the dog of his /her decision within ten (10) days of the hearing. The District Court decision may be appealed as provided under the general laws of the State of Washington. D. If the potentially dangerous or dangerous dog declaration is upheld, the owner has ten (10) days from the notification date to comply with the registration requirements. E. A finding that a dog is not a potentially dangerous or dangerous dog shall not prevent an Animal Control Officer from seeking to have the dog declared dangerous or potentially dangerous as the result of any subsequent action by the dog. 7.03.040. Potentially Dangerous Dog - Registration, Requirements, Annual Fee. A. The owner of a dog declared potentially dangerous shall register said dog and pay the initial registration fee as set forth in Section 3.70.120 PAMC within ten (10) days of notification as provided for in Section 7.03.030, provided that if the owner requests a hearing within the ten (10) day period, the owner shall not be required to pay such registration fee until after the hearing officer makes a determination that said dog is potentially dangerous. B. The owner of a dog being declared potentially dangerous may be required by the City to have the dog equipped with a microchip. This can be done through a local veterinarian. Proof of the microchip being inserted and the microchip number shall be presented when licensing the dog. C. The owner of a dog declared potentially dangerous shall renew the registration annually and pay the renewal fee for the year as set forth in Section 3.70.120 PAMC. D. A dog license fee already paid by the owner, as set forth in Section 3.70.120 PAMC, shall not be applied toward the cost of the initial registration; however, in the second and subsequent years, the cost of renewal shall include licensing. E. Any person who brings a dog or animal into the City of Port Angeles that has been declared dangerous or potentially dangerous by another jurisdiction is required to register such dog or animal with the Animal Control Authority within 24 hours, or on the first business day following the bringing of the animal into the city limits, and further to comply with all requirements as set forth by the Animal Control Authority and Chapter 7.03. 7.03.050. Dangerous Dog - Certificate of Registration, Requirements. A. The owner of a dangerous dog must obtain a certificate of registration for such animal from the Animal Control Authority within ten (10) days of final determination of dangerous dog as provided in Section 7.04.030. The certificate of registration shall be issued only if the owner of the dangerous dog presents sufficient proof of the following: 1. A proper enclosure to confine a dangerous dog and posting of the premises with a clearly visible sign that displays a brightly colored and clearly visible warning symbol that informs children of the presence of a dangerous dog; and 2. The owner of a dog being declared dangerous shall have the dog equipped with a microchip. This can be done through a local veterinarian. Proof of -31- microchip being done and the microchip number shall be presented when licensing the dog; and 3. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the Animal Control Authority in the sum of at least two hundred and fifty thousand dollars ($250,000), payable to any person injured by the dangerous dog; or 4. A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under Title 48 RCW in the amount of at least two hundred and fifty thousand dollars ($250,000), insuring the owner or keeper for any personal injuries inflicted by the dangerous dog. B. The owner of a dangerous dog shall pay an initial registration fee as set forth in Section 3.70.120 PAMC and thereafter pay an annual registration fee as set forth in Section 3.70.120 PAMC. A dog license fee already paid by the owner, as set forth in Section 3.70.120 PAMC, shall not be applied toward the cost of the initial registration; however, on the second and subsequent years, the cost of registration shall include licensing. C. Any dangerous dog for which a certificate of registration or renewal has not been obtained by its owner may be impounded by the Animal Control Authority. D. This Section shall not apply to police dogs as defined in Section 4.24.410 RCW. 7.03.060. Potentially Dangerous Dog - Proper Restraint and Enclosure. A. The owner of a potentially dangerous dog shall restrain his/her dog, as required herein, immediately upon being notified that said dog has been declared potentially dangerous by the Animal Control Officer, regardless of the owner's intent to request a hearing or file any appeal. B. A dog declared potentially dangerous shall be restrained as follows: L While on the owner's property, a potentially dangerous dog shall be restrained by a fence, kennel, or sufficiently strong chain, leash, or other confinement suitable to prevent said dog from leaving the owner's property and restrained in such a manner as to keep the dog at least 25 feet from the normally used path of entrance to any occupied building, residence, or utility meter (water, electric, etc.); or 2. While off the owner's property, a potentially dangerous dog shall be under physical restraint of the owner or other responsible person. C. While restrained on the owner's property, a potentially dangerous dog shall be provided with food and water on a daily basis and a structure which provides protection from the elements. 7.03.070. Dangerous Dogs - Requirements for Restraint and Enclosure. A. While on the owner's property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the entry of children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides, a secure top, and a secure floor and shall also provide protection from the elements for a dog. -32- B. While outside the enclosure, a dangerous dog shall be muzzled and restrained by a substantial chain or leash and under physical restraint of the owner or other responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal. C. The owner shall post the premises with a clearly visible warning sign that displays a brightly colored and clearly visible warning symbol that informs children of the presence of a dangerous dog. 7.03.080. Potentially Dangerous or Dangerous Dog Ownership /Transfer /Destruction. The owner of a potentially dangerous or dangerous dog shall not move said dog without first notifying the Animal Control Authority and obtaining authorization to do so. No potentially dangerous or dangerous dog shall be given, sold, adopted, or transferred to another person or organization without first notifying the Animal Control Authority and obtaining authorization to do so. Prior to destroying any potentially dangerous or dangerous dog, the owner shall give notification to the Animal Control Authority, or shall provide proof of destruction within 48 hours of the death of the dog. 7.03.090. Potentially Dangerous or Dangerous Dog - Violations and Penalties. Violation of any Section of this Chapter shall be a misdemeanor. A. It shall be unlawful for the owner of a potentially dangerous dog to: 1. Transfer ownership, move, or destroy said dog without first complying with the provisions of Section 7.03.080; 2. Fail to provide proper restraint and /or enclosure for dogs declared potentially dangerous as defined in Section 7.03.060; or 3. Fail to maintain registration and license for potentially dangerous dogs. B. It shall be unlawful for the owner of any dangerous dog to: 1. Fail to secure the liability insurance coverage or bond required hereunder; 2. Fail to post a brightly colored and clearly visible sign that displays a warning symbol that informs children of the presence of a dangerous dog; 3. Fail to maintain the dog inside the dwelling of the owner or inside a proper enclosure; 4. Fail to keep dog under physical restraint of a responsible person and muzzled when outside the dwelling or enclosure; or 5. Transfer ownership, move, or destroy said dog without first complying with the provisions of Section 7.03.080. 6. If the dog is determined to be dangerous, the owner must pay all costs of confinement and control. C. Any dangerous dog shall be immediately confiscated by an animal control authority under the following conditions: -33- 1. The dog is not validly registered under Section 7.03.050; 2. The owner does not secure the liability insurance coverage required under Section 7.03.050 A. 3: 3. The dog is not maintained in a proper enclosure; or 4. The dog is outside the dwelling of the owner or outside the proper enclosure and not under physical restraint of the responsible person or not muzzled. D. If a dangerous dog has been confiscated as a result of Section 7.03.090 C, the owner must pay the costs of confinement and control. The animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within twenty days. The animal control authority shall destroy the confiscated dangerous dog in an expeditious and humane manner if any deficiencies required by this subsection are not corrected within twenty days of notification. In addition, the owner shall be guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021. 7.03.100. List of Potentially Dangerous and Dangerous Dogs. A list of potentially dangerous and dangerous dogs shall be maintained by the Animal Control Authority. The list shall be made available to the public for normal copying costs, per Section 3.70.010 D. The list shall include the general description of the dog and the address at which the dog is normally kept. Sections: 7.04.020 7.04.030 7.04.040 7.04.050 7.04.055 7.04.060 Chapter 7.04 LIVESTOCK Stock Restricted Area Stock at Large in Restricted Area Stock on Highway Right -of -Way - Violations Livestock at Large - Violations Unlawful Release Riding Horses - Violations 7.04.020. Stock Restricted Area. All of the City of Port Angeles is designated a stock- restricted area. 7.04.030. Stock at Large in Restricted Area. No person owning or in control of any livestock shall willfully or negligently allow such livestock to run at large in any stock- -34- restricted area or to wander or stray upon the right -of -way of any public highway lying within a stock restricted area when not in the charge of some person. 7.04.040. Stock on Highway Right -of -Way - Violations. It shall be unlawful for any person to herd or move any livestock over, along, or across the right -of -way of any public highway, or portion thereof, within any stock - restricted area, without having in attendance a sufficient number of persons to control the movement of such livestock and to warn or otherwise protect vehicles traveling upon such public highway from any danger by reason of such livestock being herded or moved thereon. 7.04.050. Livestock at Large - Violations. Any person who owns or has possession, charge, or control of livestock shall not allow them to run at large. A. Livestock escaping from or being outside of any area fenced to restrain them more than three (3) times in a twelve (12) month period shall constitute prima facie evidence of inadequate fencing. B. It shall not be necessary for any person to fence against livestock at large, and failure to fence out livestock at large shall be no defense to any action or proceeding brought pursuant to this Chapter. 7.04.055. Unlawful Release. It is unlawful for a person to release any animal not belonging to him /her from a tether line, run, chain, fenced area, or any other means used to restrain /secure the animal. The only exception would be if failure to release the animal would result in injury or death to the animal. 7.04.060. Riding Horses - Violations. The following regulations are designed to protect public health and safety as well as the welfare of equines. It is unlawful for the equestrian to violate any of the following regulations: A. No person shall ride or lead a horse within the City of Port Angeles on any street or alley during the hours of darkness: on the waterfront trail, or on any sidewalk or planting strip at any time. B. No person shall ride any horse on any street or alley within the area bounded by Golf Course Road on the east, Lauridsen Boulevard and 14 `h Street to the south, "C" Street on the west, and the Strait of Juan de Fuca on the north, or upon any part of Marine Drive, or in any City Park which is posted against horseback riding. C. No person shall ride any horse on private property without permission of the owner or occupier thereof. D. The Police Chief may issue waivers in writing of the above prohibitions in the event of a parade or special event or licensed activity. Sections: 7.05.015 7.05.020 7.05.025 7.05.030 7.05.040 7.05.045 7.05.050 7.05.075 7.05.080 Chapter 7.05 RABIES AND QUARANTINE Dogs and Cats - Rabies Vaccination Required - Regulations Dogs and Cats - Rabies Vaccination Required - Civil Violation Quarantine of Animals - Procedures Quarantine at the Shelter - Procedures Quarantine Upon the Premises of a Licensed Veterinarian - Procedures Wolves & Wolf Hybrids Failure to Comply - Civil Violation Bitten Animals Animal Rabies Control 7.05.015. Dog & Cat Rabies Vaccination Required - Regulations. A. All mammals kept as pets shall be vaccinated against rabies in accordance with the standards contained in the Compendium of Animal Rabies Control as amended, published by the National Association of State Public Health Veterinarians, Inc. B. In cases where animals cannot be vaccinated against rabies due to an allergic reaction to a previous rabies vaccination, the Animal Control Officer shall require the owner of said animal to provide certification by a veterinarian of the rabies vaccination allergy and of good health. C. The Animal Control Officer may issue a notice of infraction to the owner of any dog or cat if the officer has reasonable cause to believe said dog or cat is not vaccinated against rabies. D. Failure or refusal by the owner to produce a rabies vaccination certificate for his /her dog or cat, upon request by the Animal Control Officer, shall be reasonable cause for the officer to issue a notice of infraction to the owner for violation of Section 7.05.020. 7.05.020. Dogs and Cats - Rabies Vaccination Required - Civil Violation. The following regulation is designed to protect public health and safety as well as the welfare of dogs and cats. The penalty for violation of this regulation is imposed without regard to the intention of the violator. It is unlawful for the owner of any dog or cat over the age of six (6) months to fail to have said dog or cat vaccinated against rabies in accordance with the standards described in Section 7.05.015 A. 7.05.025. Quarantine of Animals - Procedures. A. Whenever the Animal Control Officer suspects that any animal capable of transmitting rabies is infected with such disease or the animal has bitten, inflicting a bite wound where the skin is perforated, he /she shall immediately impound and hold the animal until the Director, his designee, or the Shelter Officer reviews pertinent details as follows: -36- 1. Rabies vaccination status; 2. History of other incidents; 3. Provocation of attack; and 4. Need for quarantine; If, after examination of the above details, the need for quarantine is established, the Animal Control Officer shall prescribe procedures for, and a period for quarantine, not to exceed ten (10) days, and he /she shall notify the owner in writing. At the discretion of the Animal Control Officer, such animal shall be quarantined at the shelter or upon the premises of any licensed veterinarian where conditions of quarantine are strictly kept. B. The quarantined animal shall not be released from quarantine until after the period of quarantine has expired, the animal has been examined by a licensed veterinarian and found free from any signs or symptoms of rabies or other zoonotic disease, the required vaccinations are obtained, and the owner has paid the cost of quarantine and examination. Quarantined animals suspected to be affected by rabies shall be humanely destroyed and tested. 7.05.030. Ouarantine at the Shelter - Procedures. A. If the animal becomes sick or dies or shows any signs or symptoms of rabies during the quarantine period, the Shelter Officer shall immediately notify the Animal Control Officer. Upon notification, the Shelter Officer shall make arrangements to have the animal examined by a licensed veterinarian at the owner's expense. If the veterinarian determines or suspects that the animal is infected with rabies or other zoonotic disease, he /she shall immediately notify the Animal Control Officer and any other government authority as required by law. Upon notification, the Animal Control Officer shall notify any person bitten by the animal of the findings of the veterinarian. B. At the end of the quarantine period, and within five (5) days thereafter, the Shelter Officer shall make arrangements to have the animal examined by a licensed veterinarian at the owner's expense. The veterinarian shall examine the animal and report his /her findings as provided for in Section 7.05.040 B. 1 and 2. C. Any animal impounded and /or quarantined at the shelter shall not be released until the owner or other authorized person pays impound fees and costs as set forth in Section 3.70.120 PAMC. The owner or other authorized person redeeming an unlicensed dog over the age of six months shall also pay the license fee, and late penalty fee, if applicable, as set forth in Section 3.70.120 PAMC. D. Any animal surrendered by its owner may be humanely destroyed by euthanasia after the end of the quarantine period and after examination by a licensed veterinarian. The owner shall pay impound fees and costs as set forth in Section 3.70.120 PAMC. 7.05.040. Quarantine Upon the Premises of a Licensed Veterinarian - Procedures. A. If the animal becomes sick or dies or shows any signs or symptoms of rabies during the quarantine period, the veterinarian shall immediately implement normal rabies -37- procedures, notify the Animal Control Officer and any other government authority as required by law. Upon notification, the Animal Control Officer shall notify any person bitten by the animal of the findings of the veterinarian. B. At the end of the quarantine period, and within five (5) days thereafter, the veterinarian shall examine the animal and update required vaccinations at the owner's expense, and report his /her findings as follows: 1. If the veterinarian determines or suspects that the animal is infected with rabies or other zoonotic disease, he /she shall immediately notify the Animal Control Officer and any other government authority as required by law. Upon notification, the Animal Control Officer shall notify any person bitten by the animal of the findings of the veterinarian; or 2. If the veterinarian determines that the animal is healthy, he /she shall provide a signed statement (on a form provided by the Animal Control Authority) indicating that the animal was examined and found free from any signs or symptoms of rabies or other zoonotic disease. The veterinarian shall deliver or mail the statement to the Animal Control Officer. Upon receipt of the statement, the Animal Control Officer shall file the statement with his /her report and notify any person bitten by the animal of the findings of the veterinarian. 7.05.045. Wolves and Wolf Hybrids. The owner of any dog which has been declared, by a veterinarian or by acceptable documentation, as a wolf or wolf hybrid and has inflicted a bite on a human or domestic animal or livestock shall notify the Animal Control Officer of the bite. The Animal Control Officer shall impound the animal pursuant to Chapter 7.06. Any wolf or wolf hybrid that has bitten shall be euthanized by a veterinarian and shall be tested for rabies. The owner of the wolf or wolf hybrid impounded by the Animal Control Officer will be liable for all expenses incurred. 7.05.050. Failure to Comply - Civil Violation. The preceding regulation is designed to protect public health and safety. The penalty for violation of Section 7.05.045 is imposed without regard to any wrongful intention of the violator. Violation of Section 7.05.045 is a Class 1 civil violation. 7.05.075. Bitten Animals. The procedures outlined in the Compendium of Animal Rabies Control, as amended, published by The National Association of State Public Health Veterinarians, Inc. shall be followed when an animal is bitten by another animal found to be rabid. 7.05.080. Animal Rabies Control. Any questions left unanswered in this Section will be referred to the Compendium of Animal Rabies Control, as amended, published by the National Association of State Public Health Veterinarians, Inc. -38- Sections: 7.06.010 7.06.020 7.06.030 7.06.040 7.06.050 7.06.060 Chapter 7.06 IMPOUND PROCEDURES Impounding Authorized Notification of Owner After Impounding Requirements for Holding of Animals After Notification Redemption of Impounded Animals Disposition of Animals Fees and Payment 7.06.010. Impounding Authorized. An Animal Control Officer may impound any animal under the following conditions: A. Any dog or cat that has been humanely trapped as provided for in Section 7.02.045. _ B. Any animal found in violation of the provisions of this Title if the owner is unknown, or if known, if the owner is not readily available. C. Any animal neglected, abused or abandoned by its owner. D. Any animal that is sick or injured and the owner is not present or able to take charge of the animal. E. Any animal remaining at the scene of a crime or accident and the owner has been incarcerated or hospitalized. F. Any animal seized by the court. a Any potentially dangerous or dangerous dog, inherently dangerous mammal, or inherently dangerous reptile found in violation of the provisions of this Title. H. Any inherently dangerous mammal or inherently dangerous reptile which has inflicted a bite or is found running at large. 7.06.020. Notification of Owner After Impounding. The Animal Control Officer upon impounding an animal shall make a complete record, entering the description and photograph of each animal. If the owner of the animal is known or if the animal is identifiable by license or other identification, the Shelter Officer shall attempt to notify the owner within forty -eight (48) hours by service or posting of notice that his /her animal has been impounded and where it may be redeemed. The reading of a license tag or the scanning for a microchip shall constitute reasonable attempts to identify the animal. The City Animal Shelter shall not be liable for the failure of a scanner to detect the presence of a microchip. 7.06.030. Requirements for Holding of Animals After Notification. A. If the owner is known, the animal shall be held at least ninety -six (96) hours after the attempt to notify is accomplished. -39- B. If the owner is unknown, the animal shall be held at least seventy -two (72) hours after the time of impound. C. If the animal has been impounded pursuant to a quarantine and has not been found to be suffering from rabies, the animal shall be held at least seventy -two (72) hours after the end of the quarantine period and examination by a licensed veterinarian. 7.06.040. Redemption of Impounded Animals. In addition to other fees required by this Chapter, persons redeeming animals must pay fees as required for impound, transportation, boarding, vaccination, veterinary care, licensing, and adoption. A. Any dog or cat impounded pursuant to the provisions of Section 7.02 may be redeemed by the owner or other authorized person upon payment of the impound fees and costs as set forth in Section 3.70.120 PAMC. The owner or other authorized person redeeming an unlicensed dog over the age of six months shall pay twice (two times) the license fee, any late penalty fee if applicable, and a one hundred dollar ($100.00) deposit for animals for which rabies vaccinations are not current. The deposit will be refunded when the animal is vaccinated and proof of vaccination is presented to the Shelter Officer. B. Prior to redemption of a dog that has been declared dangerous, the owner shall present proof of insurance coverage or bonding, notices, registration, and the existence of a proper enclosure. 7.06.050. Disposition of Animals. A. Animals not redeemed within the time periods as set forth in Section 7.06.030 may be adopted, or humanely destroyed by euthanasia at the discretion of the Shelter Officer except those animals known to have bitten or which have been found dangerous or potentially dangerous shall not be adopted. Livestock not redeemed within the time limits may also be sold. Provided that no such animals will be adopted, sold, or destroyed if the owner is known to be physically or mentally incapacitated due to injury or serious illness and therefore incapable of handling his /her affairs. Unclaimed /unplaced animals will not be sold or given for purposes of experimental or medical research. B. Upon receipt of written permission from the owner, animals may be adopted or humanely destroyed by euthanasia without regard to the holding periods outlined in Section 7.06.030. C. When it is determined by the shelter, officer or veterinarian that the most humane course of treatment is to end an animal's suffering because of the serious injury or disease, the animal may be humanely destroyed by euthanasia, without regard to the holding periods outlined in Section 7.06.030. D. Any animal as may be determined by the Shelter Officer to be feral may be humanely destroyed by euthanasia, without regard to the holding periods outlined in Section 7.06.030. E. Any previously declared dangerous dog that has bitten shall be humanely destroyed by euthanasia after the quarantine period. -40- F. Inherently dangerous animals and /or inherently dangerous reptiles which have bitten or been found running at large, shall be humanely destroyed by euthanasia or transferred to a suitably licensed facility such as a zoo. 7.06.060. Fees and Payment. Housing fees shall be established by the Director for each animal. Such fees shall include all costs of housing such animals regardless of whether such costs are incurred at a City owned or operated facility, a contracted facility, or by a private person or facility. Chapter 7.07 ENFORCEMENT AND PENALTIES Sections: 7.07.020 Enforcement Power 7.07.025 Obstructing the Animal Control Officer 7.07.040 Rules and Procedures - Infractions 7.07.060 Violation as Constituting a Public Nuisance 7.07.070 Penalties 7.07.020. Enforcement Power. A. Animal Control Officers are authorized to take such lawful action as may be required to enforce the provisions of this Title and the laws of the State of Washington as they pertain to animal cruelty, shelter, welfare, and enforcement of control. Animal Control Officers employed by or contracted with the City of Port Angeles shall be specially commissioned by the Police Chief to issue a notice of infraction or citation when the civil infraction or misdemeanor occurs in the officer's presence or if the officer has reasonable cause to believe that a civil infraction or misdemeanor was committed. B. Animal Control Officers include fully commissioned, specially commissioned, and limited commissioned officers as designated by the Chief of Police to enforce provisions of this Title. C. Animal Control Officers, unless authorized by the owner thereof, shall not enter a building designated for and used for private purposes unless a proper warrant has first been issued upon a showing that the officer has reasonable cause to believe an animal is being maintained in the building in violation of this Title or the laws of the State of Washington. D. Animal Control Officers, while in hot pursuit of any animal in violation of this Title, may enter upon any public or private property, except any building designated for and used for private purposes, for the purpose of abating the animal violation being pursued. E. Animal Control Officers, while checking on the welfare of any animal, may enter upon any public or private property, except any building designated for and used for private purposes, for the purpose of aiding any animal that is sick, injured, abandoned or -41- neglected and the owner or other authorized person is not present or able to take charge of the animal. F. Animal Control Officers may humanely euthanize any injured animal in the field if, in the judgment of the Animal Control Officer, the animal has received injuries that will result in acute and prolonged pain, debilitating injuries or death, or has extensive internal or external injuries. Prior to euthanizing any animal where the owner is known, Animal Control Officers will cause an attempt to be made to contact the owner. Animal Control Officers shall not be liable for improper euthanasia of injured animals if the decision to euthanize was made in good faith. 7.07.025. Obstructing the Animal Control Officer. A. Every person who: (a) in any such statement or report shall make any knowingly untrue statement to the Animal Control Officer; or (b) shall knowingly hinder, delay, or obstruct the Animal Control Officer in the discharge of his /her official duties; shall be guilty of a gross misdemeanor. B. Every person who shall knowingly deny, prevent, or obstruct or attempt to deny, prevent or obstruct, the Animal Control Officer from pursuing any animal observed in violation of this Title shall be guilty of a gross misdemeanor. C. Every person who shall fail, after a proper warrant has been presented, to promptly permit the Animal Control Officer to enter private property to perform any duty imposed by this Title shall be guilty of a gross misdemeanor. 7.07.040. Rules and Procedures - Infractions. Rules and procedures relating to the processing of infractions shall be as stated in RCW Chapter 7.80 now or as hereinafter amended. 7.07.060. Violation as Constituting a Public Nuisance. In addition to the foregoing remedies, the violation of any provision of this Title shall constitute a public nuisance and may be abated in any manner authorized by Chapters 7.48 and 9.66 RCW. 7.07.070. Penalties. The provisions of this Title shall be enforced without regard to the wrongful intention of the violator. The progressive enforcement detailed below is intended for multiple violations of any provision of this Title, not necessarily multiple violations of the same provision. Unless otherwise noted in this Title, enforcement and penalties for violations shall be as follows: A. The first violation of any provision of this Title not otherwise classified shall be a Class 2 civil violation. B. The second violation of any provision of this Title not otherwise classified, committed within three years of the first, shall be a Class 1 civil violation. Any violation listed as a Class 2 civil violation, shall be a Class 1 civil violation if it is the second within three years of the first, and as a misdemeanor if it is the third or subsequent violation of any provision of this Title committed within three years of the first. -42- C. Any violation listed as a Class 1 civil violation shall be a misdemeanor if the violation is the second or subsequent violation of any provision of this Title within three years. Penalties for civil infractions and misdemeanors specified in this Title shall be as defined in the Revised Code of Washington now or as hereinafter amended. Sections: 7.08.020 Chapter 7.08 LEASH CONTROL Prohibited Behavior in a Leash Control Area 7.08.020. Prohibited Behavior in a Leash Control Area. For the purposes of this chapter, all areas within the City limits are designated as leash control areas unless specifically posted as an off -leash area. In addition to other violations defined in this Title, and unless otherwise defined in the description of a leash control area, it shall be unlawful for any person, while within the boundaries of the City unless in an off -leash area contained in Addendum A to: A. Allow a dog off the owner's property while not on a leash. B. Walk any dog from an off -leash area into a leash control area without placing the dog on a leash. C. Remove a dog from a leash, for any reason, while in a leash control area and off the owner's property. D. Introduce any dog into a leash control area, which is not restrained in a vehicle, without it being on a leash. Chapter 7.09 ANIMAL CRUELTY Sections: 7.09.020 Unlawful Acts 7.09.030 Cruelty, Responsibility For 7.09.040 Ownership, Trespass - Not a Defense 7.09.050 Exclusions 7.09.060 Limitations on Application of Section 7.09.070 Penalties -43- 7.09.020. Unlawful Acts. Any of the following, done under circumstances not amounting to animal cruelty in the first degree as defined in RCW 16.52.205, is a violation of this Chapter: A. Torturing, beating, maiming, poisoning, mutilating, injuring, or crippling any animal. B. Failure to provide any animal in one's charge with access to food, water, shelter, space, veterinary care, air and ventilation, sanitation, sunlight, exercise, and protection from extreme heat or cold, sufficient to maintain the animal's proper weight, nutrition, and health. C. With regard to animal fighting, RCW 16.52.117 is adopted by reference. D. Tormenting or abusing any animal. E. Abandonment or neglect of any animal over whom a person has ownership, charged care, custody, or possession. Abandonment shall include the leaving of unattended animals at a commercial or public establishment in an effort to give away or sell such animal. F. Confinement, placement, or transport of an animal in any vehicle in a manner that jeopardizes the safety of the animal or the public or which could subject the animal to injury or suffering. L When transporting any living animal on the outside part of any vehicle, such animal shall be caged, harnessed, or enclosed, keeping such animal from falling or being thrown from the vehicle transporting it. G. Driving or working an animal when such animal is unfit for such driving or labor. H. Driving, working, or loading an animal in any manner or quantity so as to cause suffering to the animal. I. Dyeing or artificially coloring any animal with any toxic paint or chemical or with intent to alter the identity of any animal for unlawful purposes or administering or purposefully exposing any animal to caustic, noxious, or poisonous substance. J. Any violation as defined by RCW 16.52.207. 7.09.030. Cruelty, Responsibility For. A. In addition to any other penalties, a person charged with animal cruelty, based on probable cause, shall pay all costs necessary to restore the injured animal(s) to good health or to otherwise ameliorate the effects of the cruelty. In addition, the charged person shall pay all costs incurred for boarding and caring for any animal cruelly treated by the charged person. B. In addition to any of the penalties, the Court may prohibit any person charged under this Section from owning any interest in, or possessing or having care or control of any animal, or any species of animals designated by the Court, for a period of time to be determined by the Court. The Court may also require forfeiture to the County of any animals owned, possessed, or in the care or custody of a person charged under this Section. -44- C. The owner of an animal which is subjected to an act of cruelty by a person or persons in violation of this Section may bring a civil action to recover the damages sustained by such owner. 7.09.040. Ownership, Trespass - Not a Defense. A. It shall not be a defense to the crime of cruelty to animals for the person committing the cruel act(s) to assert that he is the owner of the animal(s) that were the victim(s) of the alleged cruelty. B. Trespass shall not be a defense to any action under this Section. 7.09.050. Exclusions. Nothing in this Section is intended to prohibit accepted practices used in the commercial raising or slaughtering of livestock or poultry, or products thereof. Nothing in this Section is intended to prohibit the humane and sanitary procedures erformed b a veterinarian to meet commonl acce e ted breed standards. All neuterin of livestock must be performed using commonly accepted and humane procedures. 7.09.060. Limitations on Application of Section. No part of this Chapter shall be deemed to interfere with any of the laws of this State known as the "game laws." 7.09.070. Violation of any provision of this Chapter shall be a misdemeanor. Chapter 7.10 INHERENTLY DANGEROUS ANIMALS Sections: 7.10.010 Purpose 7.10.020 Running at Large 7.10.030 Harboring /Owning Inherently Dangerous Mammals and /or Inherently Dangerous Reptiles 7.10.040 Exemptions 7.10.050 Violations 7.10.010. Purpose. It is the public policy of the City to prevent the harboring or housing of inherently dangerous mammals and inherently dangerous reptiles within the City. To this end, it is the purpose of this Chapter to prevent such animals from being kept within the City while allowing any such animals that may be housed in the City at the time of adoption of this ordinance to continue to be so housed. -45- 7.10.020. Running at Large. A. No person owning or harboring, having custody, control, or possession of an inherently dangerous mammal and /or any inherently dangerous reptile shall permit or allow the same to run at large upon any highway, street, lane, alley, court, or any other place, public or private, or within the premises of such person, in such manner as to endanger any person lawfully entering such premises. B. An inherently dangerous mammal and /or inherently dangerous reptile found to be running at large shall be impounded and humanely destroyed by euthanasia or transferred to a suitably licensed facility such as a zoo at the expense of the owner. 7.10.030. Harboring /Owning Inherently Dangerous Mammal and/or Inherently Dangerous Reptiles. It shall be unlawful for any person to harbor, house, and/or own any inherently dangerous mammal and /or any inherently dangerous reptile within the City, except that: A. Any person harboring, housing, and /or owning any inherently dangerous mammal and /or any inherently dangerous reptile within the City on the effective date of this ordinance may continue to harbor, house, and /or own such animal if such animal is registered with the animal control authority within sixty (60) days from the effective date of this ordinance. Provided further, that such animal(s) may not be used for breeding and any offspring must immediately be reported to the animal control authority and removed from the City. 7.10.040. Exemptions. The following are exempt from all provisions in this Chapter: A. Any facility accredited by the Association of Zoos and Aquariums (AZA); B. Any licensed or accredited research or medical institutions; C. Licensed or accredited educational institutions; D. Veterinary clinics in possession of inherently dangerous mammals or inherently dangerous reptiles for treatment or rehabilitation purposes; E. Traveling circuses or carnivals so long as the inherently dangerous mammals or reptiles are under the direct supervision of these circuses or carnivals; F. Persons temporarily transporting inherently dangerous mammals or inherently dangerous reptiles through the City, provided that the transit time shall not be more than three (3) days, and that they will be transported out of the City within the three (3) day period; and G. Any facility licensed by the United States Department of Agriculture (USDA) under the Animal Welfare Act; and H. Any person having a valid Wildlife Rehabilitation Permit from the Washington State Department of Fish and Wildlife as a Wildlife Rehabilitator. Although the above are exempt from the provisions of this Chapter, they must comply with all other applicable federal, state and local regulations, including but not necessarily limited to Chapter 16.52 RCW, concerning the prevention of cruelty to animals. -46- 7.10.050 Violations. Any violation of this Chapter shall be a misdemeanor. Chapter 7.11 HUNTING Sections: 7.11.010 Hunting 7.11.020 Violations 7.11.030 Exceptions 7.11.010 Hunting. It shall be unlawful to hunt deer, elk, bear, cougar, coyote, fox, bobcat, quail, grouse, pheasant, pigeon, duck, geese, raccoon, or any other state or federally regulated animal within the Port Angeles city limits regardless of weapon type, including rifle, shotgun, pistol, bow and arrow, crossbow, slingshot, etc. 7.11.020 Violation. Any violation of this chapter shall be a gross misdemeanor. 7.11.030 Exceptions. This chapter does not apply to the shooting of dangerous or injured animals by law enforcement or wildlife officers. Section 2 - Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. Section 3 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. -47- Section 4 - Effective Date. This Ordinance shall take effect five days following the date of its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 16th day of November, 2004. ATTEST: Becky J. U . �` Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: November 21, 2004 By Summary MAYO G:\Legal_ Backup\ ORDINANCES& RESOLUTIONS \2004- 20.AnimalControl WithOutFees.Fina1102704.wpd November 10, 2004 Summaries of Ordinances Adopted by the Port Angeles City Council on November 16, 2004 Ordinance No. 3173 This Ordinance of the City of Port Angeles, Washington, approves the final of Phase I of the Olympic Heights Subdivision. Ordinance No. 3174 This Ordinance of the City of Port Angeles, Washington, amends wastewater service rates by amending Chapter 13.65 of the Port Angeles Municipal Code. This Ordinance shall take effect January 1, 2005. Ordinance No. 3175 This Ordinance of the City of Port Angeles, Washington, authorizes a 1%, or $33,351, increase in the regular property tax levy plus any increase resulting from new construction and other specified increases in assessed valuation, authorizes a $60,000 tax refund levy, determines and fixes the amount to be raised by ad valorem taxes for the fiscal year 2005, and directs the City Clerk to certify said amount to the Board of Clallam County Commissioners. Ordinance No. 3176 This Ordinance of the City of Port Angeles, Washington, relates to the control of dogs, cats, domestic livestock, and exotic animals. The Ordinance provides for levels of animal control within the City of Port Angeles designed to protect human health and safety, and prevent injury to human, animals or property. Title 7, Animals, of the Port Angeles Municipal code is repealed in its entirety and replaced with a new Title 7. Ordinance No. 3177 This Ordinance of the City of Port Angeles, Washington, amends Chapter 3.70 of the Port Angeles Municipal Code relating to fees. This Ordinance shall take effect January 1, 2005. The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. Unless otherwise stated above, these Ordinances shall take effect five days following the date of publication by summary. Becky J. Upton City Clerk Publish: November 21, 2004