HomeMy WebLinkAboutMarolee Smith (2)D
E
I 5 2016
CITY C i
L
Marolee Smith
1013 Olympus Avenue
Port Angefes, WA 98352C!K
Nover cer L5, 20L6
Port Angefes City CounciL
c/o City C1erk
Port Angel-es City HalI
321 E 5th Sr
Port Angeles, WA 98362
RE: Lack of Animaf Control,
Currently we lack an animal control officer, even part-time.
Because of this oversight we have a problem. In the clearest
example (which affects me) we have an individual- who posses two
high prey drive husky dogs (reportedly with a high percent wolf
hybrid) which have, repeatedfy, been allowed to roam at-l-arge.
The owner has been cited on six (6) occasions. The infractions
are class one civil infractions - the same as a parking ticket.
The owner pays a fine. End of story.
Our county prosecutor' s office does not have the responsibil-ity
to either look for a pattern such as this, or act further. Who
does? According to our own city municipal code, the animal
control officer. The code was not changed to give anyone
oversight, nor requi.re it, when the position was absofved.
Under our municipal code the animal control officer woul-d
recommend that the dogs be decfared "dangerous dogs" and cited
approprj-ately as outlined in chapter 7.03. A hearing would be
requested, a District Court Judge would notify the owner of a
decision, and, so-on.
A key part of our system has been disabled.
no instruction on this from the council-. It
community at risk.
The
is
Pofice
putting
have had
the
i.l
I
I have spoken previously about our lack of animal control- due to
Council actions (budget cuts) in the past.
We are a town of 19,000 individuals, and an estimated 9,439
household pets (birds, cats and dogs) , 4,268 of them dogsi'
However, $/e have a problem. If t.hese dogs, which have a clear
pattern of conduct, ccntinue on their path, it is only a matter
of time before they attack (maim or kil,i) a child.
When these dogs were loose o.rer the weekend, it was reported to
the Pet Posse, that the dcgs had an unusual interest in the
citizen's infant. The ciogs have already kr11ed and maimed
livestock (my sheep) . Thei,' have kilIeC cats.
I bei.ieve that the city is liabl-e for damages for failing to
have a way to follow the laws placed on the books (as required
by the state) and by not funding animal services, aside from the
cusi-cdlr only arrangemerit wi-th the Olympic Penlnsula Humane
Society.
This is a very serious issue.
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Marofee Smith
1013 Olympus Avenue
Port Angeles, WA 98362
360 417-0386
November 15, 2016
Police Chief Brian Smith
City of Port Angeles
Port Angel-es City Ha11
321 E 5th Street
Port Angeles, WA 98362
Dear Chief Smith,
Again I am writing you regarding the dogs that belong to Tracy
Lynn Spry who l-ives at 1151 Grant Street (corner of Porter
Street) . The dogs are currently impounded at the Olympi-c
Peninsula Humane Society, and free to return to the o$/ner.
This time the dogs were captured by a local resi,dent near the
YMCA, during the afternoon. The Port Angeles Pet Posse was
contacted, and they related to me that the dogs were behaving
"odd]y" with the concerned citizen, and taking too great an
interest in her infant.
This is very concerning. Especially in light of the recent
video released j-n San Diego of two "friendly" medium dogs
mauling amother and her toddler. Dogs with a high prey drive,
allowed to keep entertaining themselves as a pack, can (and do)
injure peopfe.
The 6 minute video is online, I would urge you to review
(http: //www. mercurynews . con/2016 / 17 /12 / video-cal i fornia-
mom-t rie s -to-protect -2 -yea.r-o.Id- s on-a s - 2 -dogs -attac k-them-
both,/ )
I don't thj-nk waiting until a child is injured is a positive way
of policing the comnunity. It j-s obvious there is a pattern of
conduct, clearly seen by reviewing the citations issued
(attached) . These are only class one civil infractions (a
citation) , not much more than a parking ticket. There is
nothing in what the Pol-ice Department has done to elevate this
in the eyes of the Prosecutor's office. Why? Because we ]-ack an
Animal Control Officer, who woul-d see this pattern of conduct,
make the determination that thls is more serj-ous, signal the
courts by enacting our Municipal Code 7.03.010 "Potentially
Dangerous Dog".
This is a serious breakdown of our
cannot simply jump to a conclusion
outlined in our municiPal codes.
justice system. The court
that our city process has
owner l-s
en force
The key element here is that we LACK AN ANIMAL CONTROL OFEICER,
or anyone acting in that capacity. I would guess that this would
also feave our city open to J-iability if, and when, a person is
injured by a dog with such a pattern of conduct.
This must be fixed.
responsib.Ie. We have
1aws, to protect the
Sincerely,
Marolee Smith
cc: The Honorable Judge Porter
Port Angeles City Council-
These dogs are dangerous. The
l-aws on the books. We need to
citizens.
not
the
c6p3 .&
There is a pattern of conduct that shows a
for the neighbors, anima.Is, and the animal-
being at 1arge, frequently. These dogs are
increasingly aggressive pack behavior.
<o t1-te<- '
Marolee Smith
1013 Olympus Avenue
Port AngeLes, wA 98362
360 417-0386
November 15, 20L6
The Honorabfe Rick L. Porter
CIallam County I
223 E Ath. St, Ste 10
Port Angeles, WA 98 3 62 -3 015
Dear Judge Porter,
I would l-ike to bring to your attention a pattern of conduct
a Port Angeles city resident, Tracy Lynn Spry, who lives at
Grant Street (at the corner of Porter Street), who has been
given multiple infractj-ons and verbal- warnings on numerous
occasions regarding two hus ky dogs which she a]],ows to run
1oose.
of
1t- 51
My compfaint is about tr^/o untrained husky/malamute dogs (perhaps
mixed with wolf, as she claims), neutered ma1es, litter mates,
which she adopted as adufts. They are a menace. The dogs are
kept at a sma11, crowded house which lacks any fencing. The dogs
are kept on chain (1501b test strength) that is wrapped around a
po1e. This breed of dog, by nature, has a high prey drive and
an extreme demand for exercise (i.e. a pair of huskies can pull-
600 pounds for hours) .
The number
picture of
city.
of citations, while
the regularity that
compl-ete disregard
controf Iaws, by
exhibiting
(8) is not a fuI1
have been ]-oose in the
impres s ive
these dogs
Last Apri1, these dogs came into my yard and mauJ-ed my tr'ro pet
sheep. The animals were very torn up, requiring several months
of tending to become whole again. I have Iost a cat, and several
neighbors have also lost cats (note: not pieces, as coyotes
would do, just mauled and l-eft whol-e) . At the point of the
I
In August, I captured one of the animals at 3 a.m. The other dog
ran back home. (The police were cafled, witnessed this, and
again, a citation was issued) .
This last weekend the animafs were found stray, during the day,
near the YMCA. The woman who impounded the animafs said that
they were entirely too interested in her infant. The dogs are
currentfy at the Ofympic Peninsula Humane Society, and will be,
again, refeased to the owner when she comes to claim them.
This cannot continue.
The issue: we have someoncr who is in completely disregard
of the responsibility of dog ownership, The city lacks an
animal control officer to take further action, or ev€rn
recognize the pattern. It is only a matter of tine before
the dogs find a child to eaul .
I am writing to you, and to Port Angeles Police Chief Smith, to
outright BEG you to find a way to have the animal- control laws
enforced. These dogs need to be either relocated far out of our
community, the owner somehow forced to control them, or the
animals destroyed.
Marolee Smi-th
cc: Port
CltY
Ange 1e s
of Port
Pol-ice Chief
Angeles City
Smith
Council
first attack, I contacted the police, and made contact $rith the
animafs' owner. I paid for the owner to attend obedience lessons
and purchased two harnesses so she could walk them. (She went
to oNE c1ass, never returned. )
In June, the dogs returned to my yard and killed one of my
sheep, and, again, mauled the other.
sincerely,
Cayog 7or+ AnX'Jta c"'Ta eou,..; I
Court Case Nunlcer Judqment Record Court Information
spry,
SPTY,
sPry,
sPry,
spry,
spry,
sPry,
sPry,
SPry,
spry,
sPry,
Tracy
Tracy
lracy
Iracy
lracy
Iracy
lracy
Iracy
Tracy
Tracy
Iracy
Lynn RESPoNDENT S05 ClaI.Iam Superior Ct
14-3-0040?-5 10-22-2014
Lynn Defendant cl-all-am county Dist
420902284 10-08-2014
Llmn Defandant clallam county Dist
cooo078?3 10-15-201{
Llmn Defendant c1a1lam county Dist
52L2075A7 12-08-2015
Llmn Defendant Clallam county Dist
PrNo26152 L2-22-20L5
L!'nn Defendant Clallan county Dist
PrNO25927 11-04-2014
Lynn Defendant c1aI1am County Dist
PrN025027 05-29-2015
Llmn Defenda'lt Clallam County Dist
PrNO25215 07 -L2-20L6
Llmn Defendant Cla]-lam County Dist
PrN025358 08-02-2016
Lynn RESPONDENT S05 Clallam Superior Ct
16-3-00342-3 10-10-2016
LImn Defendant clallam county Dist
PrNo253?0 LL-L4-20L6
2
3
q
6
7
I
9
10
11
1
4
A
C tS
"-f ?rr* fi^1-La Yaun; cooLe-
Ct-15 eot -^-c; l etyg
CHAPTER 7.03 POTENTIALLY DANGEROUS AND DANGEROUS DOGS
7.03.010 Potentially dangerous dog-Reasons to declare.
An Anima1 Contro.I Officer may declare as
any dog that:
potentially dangerous
When unprovoked, inflicts a bite on a human or domestic animal
or fivestock (except where the animal has entered onto the dog
owner's property where the dog is confined) ;
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 menacj.ng fashion or apparent attitude of
attac k;
1
2
Has been decl-ared potential]Y
governmental jurisdiction for
statutes or l-ocaf ordinances;
dangerous by any other
similar viofations of state
OI
4
Chases,
off the
harries, or harasses fivestock or domestic animals while
owner's property.
?
B
1
Except that:
Dogs sha11 not be declared potentially dangerous if the threat,
injury, or damage was sustained by a person who, at the time,
was committing a wil]ful trespass or other tort upon the
premises occupied by the owner of the dog, or was tormenting,
abusing, or assaultj,ng the dog, or has in the past, been
observed or reported to have tormented, abused, or assaulted the
dog, or was commj-tting or attempti-ng to commit a crime'
(ord. 317 6
'7 .03.020 -
S 1 (part) , t/l/20o51
Dangerous dog-Reasons to decl-are.
A
L
An Animaf Control- officer may declare AS dangerous any dog that:
Has infl-icted severe injurY on a
provocat ion ;
human being without
2
Has killed a domestic animal or
animal has entered onto the dog
is confined);
livestock (excePt where the
owner's property where the dog
3
4
Has been previousfy 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;
o.r
Has been declared dangerous by any other governmental
jurisdiction for similar violations of state statutes or focal
ordinances.
(ord. 3176 5 1 (part), l/l/2005')
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 determ.ines that said dog should be declared dangerous or
potentially dangerous, the officer shaIl prepare a notj-ce
declaring said dog to be a dangerous or potentially dangerous
dog and serve the notj-ce as required for a summons on the owner
of the dog, except that if the surunons cannot be served, it may
be posted on the residence. The notice shall contain the
following:
The name and address of the owner of the dog being declared
potentially dangerous;
1
The breed, color, sex, and license number (j.f known) of said
dog;
3
The
dog
facts upon which the determination of potentially dangerous
is based;
That the dog shal1 immediately be restrained as
section 7.03.060 or 7. 03. 070;
required in
That the dog sha11 be registered within ten
the notice unfess a hearing is requested as
subsection 7. Of this section;
days of receiving
provided for in
6
In the case of a potentially dangerous dog, that if there are
future similar problems with the dog, the dog could be dec1ared
a dangerous dog pursuant to sectj-on 7.03.020 and required to be
regj-stered as provided for j.n section 7.03.050; and
1
2.
4.
B
That the notice constitutes a finaf determination
is dangerous or potentj-af fy dangerous, unless the
dog requests a hearing in writing within ten days
the notice.
in writing,
of the
p rovided
that the dog
owner of the
of service of
the owner of
hearing. The
under the
In the event the owner of a dog requests a hearing as provided
for in subsection 7.03.030.A.7., a hearing sha11 be held within
30 days of the receipt of the request for hearing, unless it is
continued for good cause. The responsible Animaf 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 shal-f be held before the Dj-strict Court of Clallam
County. The hearing shall- be informal and open to the publj-c' At
the hearing, the records of the Anima1 Controf officer sha1l be
adrnissible evidence as to whether the dog is a dangerous or
potentially dangerous dog; the owner of the dog may require an
officer compi.ling the record to be present at the hearing; the
owner of the dog may present evidence and examj-ne witnesses
presenti and the burden shal1 be on the Ci-ty Animal Control
Officer to establ-ish by a preponderance of the evidence that the
dog is a dangerous or potentially dangerous dog.
The District Court judge shal1 notify,
the dog of his/her decision within ten
District Court decision may be appealed
days
AS
D
general Laws of the State of Washington.
If the potentiall-y dangerous or dangerous dog declaration
upheld, the owner has ten days from the notification date
comply with the registration requj-rements.
is
to
C.
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.
(ord. 3176 S 1 (part) ,7/l/2005')
7.03.040 - Potentially dangerous dog-Registration, requirements,
annuaL fee.
The owner of a dog declared potentiall-y dangerous sha11 register
said dog and pay the initiat registration fee as set forth in
section 3.-7O.l2O PAMC within ten days of notification as
provided for in section 7.03.030, provided that if the owner
requests a hearing within the ten-day period, the owner sha11
not be required to pay such registratj.on fee until after the
hearing officer makes a determination that said dog is
potentially dangerous.
The owner of a dog being declared potential-fy dangerous may be
required by the City to have the dog equipped with a microchip.
Thls can be done through a 1ocal veterinarian. Proof of the
microchj-p being inserted and the microchip number shafl be
presented when ficensing the dog.
B
C
E,
A.
The
the
AS
owner of a dog declared potentially dangerous
registration annually and pay the renewal fee
set forth in secti-on 3.70.120 PAMC.
shaLl renew
for the year
D
E
A dog license fee already paid by the owner, as set forth in
section 3-'70.1'2O PAMC, shall not be applied toward the cost of
the initial registrationl however, in the second and subsequent
years, the cost of renewaf shall include licensing.
Any person who brings a dog or ani,mal into the City of Port
Angeles that has been declared dangerous or potentially
dangerous by another jurisdiction is required to regj-ster 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 compfy with al'f
requlrements as set forth by the Animal Control- Authority and
Chapter 7.03.
(ord. 3176 S 1 (part), 7/1/2005\
7.03.050 - Dangerous dog-Certificate of registration,
requirement s -
The owner of a dangerous dog must obtain a certificate of
registration for such animal from the Animal Control Authority
within ten days of final determination of dangerous dog as
provided in section 7.04.030. The certificate of registration
shal-I be issued only if the owner of the dangerous dog presents
sufficient proof of the following:
A
1
A proper encfosure to confine a dangerous
premises with a cfearfy visible sign that
cofored and clearly visible warning symbol
of the presence of a dangerous dog; and
dog and posting of the
displ-ays a brightlY
that informs children
2
3
The owner of a dog being declared dangerous shal1 have the dog
equipped with a microchip. This can be done throuqth a focal
veterinarian. Proof of microchip being done and the microchip
number shafl be presented when licensing the dog; and
A surety bond issued by a surety insurer qualified under Chapter
4S.2ERCWinaformacceptabletotheAnimafContro].Authority
in the sum of at Ieast $250,000.00, payable to any person
j.njured by the dangerous dog; or
A policy of liability insurance, such as homeowner's insurance'
issued by an insurer qua]ified under Titfe 48 RCW in the amount
of at least $250,000.00, insuring the owner or keeper for any
personal injuries inflj-cted by the dangerous dog'
4
B
The owner of a dangerous dog shalf pay an initial- registration
fee as set forth in section 3.70.1,20 PAMC and thereafter pay an
annualregistrationfeeaSsetforthinsection3..lo.l20PAMC.A
dog license fee already paid by the owner, as set forth in
C
section 3.70.120 PAMC, shaff not be applied toward the cost of
the initial registration; however, on the second and subsequent
years, the cost of registration shal1 incfude J-icensing.
Any dangerous dog for which a certificate of registration or
renewal has not been obtained by its owner may be impounded by
the Animal Controf Authority.
This section sha1l not apply to police dogs as defined in
secti-on 4.24.410 RCW.
D
(ord.3176
7.03.050 -
enclosure.
S 1 (part) ,l/l/2005)
Potentially dangerous dog-Proper restraint and
A
The owner of a potentially dangerous dog shal-J- restrain his/her
dog, as required herein, immediateJ-y upon being notified that
said dog has been decl-ared potentially dangerous by the Animal
Controf Officer, regardless of the owner's intent to request a
hearing or fil-e any appeal.
B
A dog declared potentially dangerous shal-J- be restrained as
follows:
Whife on the ownerrs property, a potentially dangerous dog shalJ-
be restrained by a fence, kennel, or sufficientfy strong chain,
l-eash, or other confinement suitable to prevent said dog from
leaving the owner's property and restrai-ned in such a manner as
to keep the dog at least 25 feet from the normally used path of
entrance to any occupied building, res.idence, or util-j-ty meter
(water, el"ectric, etc. ) ; or
2
C
While off the owner's property, a
shall be under physical restraint
responsible person.
(ord. 3176
7.03.070 -
enc.l-osure.
potentially dangerous dog
of the owner or other
While restrained on the owner's property, a potentially
dangerous dog sha1l be provided with food and water on a daiJ-y
basis and a structure which provides protection from the
elements.
S 1 (part) ,1/7/2005)
Dangerous dogs-Requirements for restraint and
A
While on the owner's property, a dangerous dog sha11 be secureJ-y
confined indoors or in a securely enclosed and focked pen or
structure suj-table to prevent the entry of chil-dren and designed
to prevent the animal from escaping. Such pen or structure shall
1.
have secure sides, a secure top,
also provide protection from the
and a secure
elements for
f l-oor and shaIl
a dog.
B
C
While outside the enclosure, a dangerous dog sha1l be muzzfed
and restrained by a substantial chain or feash and under
physical restraj-nt of the owner or other responsible person. The
muzzle shal-l- be made in a manner that wi]I not cause injury to
the dog or interfere wj-th its vision or respiration but shalf
prevent it from biting any person or animal.
The owner shall post the premises with a clearly vlsibl,e warning
sign that dispJ-ays a brightly colored and clearly vi-sible
warning synbol that informs children of the presence of a
dangerous dog.
(Ord. 3176 S 1 (part) , 1/L/2005)
7.03.080 - Potentlally dangerous or dangerous dog-
Ownership/transf er/destruct ion.
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 shaII be given, so1d, 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 shal"l- provide proof of
destruction within 48 hours of the death of the dog.
(ord. 3176 S 1 (part) , L/L/2005)
7.03.090 - PotentiallY dangerous
penalties.
dangerous dog-Violations andor
viol,ation of any section of thls chaptel shaff be a mi-sdemeanor.
It shall be unlawful for the owner of a potentially dangerous
dog to:
Transfer ownership, move, or destroy said dog without first
complyi-ng wj-th the provisions of sect j-on 7.03 ' 080,'
Fail to provide proper restraint and/or enclosure for dogs
declared potential-Iy dangerous as defined in section 7'03'060;
or
Eail to maintain registration and license for potentially
dangerous dogs.
It shalf be unlawful for the owner of any dangerous dog to:
1
2
3
B
1
A.
2
Eail to secure the liability insurance coverage or bond required
hereunder;
Fail to post a brlghtly colored and clearly visibl-e sign that
displays a warning symbol that informs children of the presence
of a dangerous dog;
Eail to maintain the dog inside the dwelling of the owner or
inside a prope.r enclosurei
3
4
Fail to keep dog under physical
person and muzzled when outside
a responsible
or enclosure; or
restraint of
the dwelling
5
T.ransfer ownership, move, or destroy said dog without first
complying with the provisions of section 7.03.080.
If the dog is determined to be dangerous, the owner must pay aff
costs of confinement and control.
6
C
Any dangerous dog shaI1
controf authority under
be immediately confiscated by an animal
the following conditions:
I
The dog is not validly registered under section 7.03.050;
The owner does
required under
not secure the Liability insurance coverage
section 7.03.050.A.3;
3
4
The dog is not maintained in a proper encl-osure; or
The dog is outside the dwelfing of the ovrner or outside the
proper encfosure and not under physical restraint of the
responsible person or not muzzled.
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 contro], authority must serve notice upon the
dog owner in person or by regular and certified mai1, 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 wilf be
D
2.
destroyed in an expeditious and humane manner if the
deficiencies for which the dog was confiscated are not corrected
within 20 days. The animal controf authority shal-f destroy the
confiscated dangerous dog in an expedj-tious and humane manner if
any deficiencies required by this subsection are not corrected
wj-thin 20 days of notification. In addition, the owner shal1 be
guilty of a gross misdemeanor punishable in accordance with RCW
9A.20 . 021 .
(ord. 3176 S 1 (part), 1/1/2OO5l
7.03.100 - List of potentially dangerous and dangerous dogs.
A list of potentially dangerous and dangerous dogs shall be
maintained by the Animal Contro1 Authority. The list shall be
made available to the publ-ic for normal copying costs, per
sectj-on 3.70.010.D. The list shal-f include the general
description of the dog and the address at which the dog is
normally kept.
(ord. 3176 S 1 (part) , l/1/2005],