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HomeMy WebLinkAboutord2004-039SPONSORED BY: Consent PROPOSEDBY: Executive INTRODUCTION DATE: 6 / 29 / 2004 ORDINANCE NO. 2004-039 ORDINANCE AMENDING WHATCOM COUNTY CODE 6.04 ANIMAL CONTROL WHEREAS, a recent case developed the need to update this Ordinance; and, WHEREAS, these changes do address those needs that were identified as a result of the legal action; and, WHEREAS, the National Humane Society has recognized 20 minutes of barking as a reasonable amount of time and the change would bring this Ordinance into compliance with that timeframe; and, WHEREAS, the changes are necessary to allow us to enforce valid restrictions which have been imposed by other jurisdictions. NOW,, THEREFORE, BE IT ORDAINED that Whatcom County 6.04 shall be amended as follows: 6.04.60 Nuisances — Infractions. Violations of any of the following requirements or standards constitute a nuisance and shall be an infraction. A. Except in exempt areas, the owner or keeper of any dog shall not allow it to be at large and not under control. B. The owner or keeper of any dog must license and renew the license for any dog in the manner outlined in the licensing section. C. No person, other than the owner or keeper or otherwise authorized person shall remove the license tag from an animal required to be licensed. D. All female dogs, while in season, shall be confined in a clean, dry place not accessible to male dogs and kept there during the entire period, except for the purpose of planned breeding and with knowledge of the owner of the male dog. E. No owner or keeper of any dog shall allow it-te continuous barkiag for more than a 20 minute Period. m^ • °l° or --•- -- tw +- F. No animal, whether confined, tethered or loose, shall be allowed on any public property including school grounds and parks without the prior consent of the applicable agency. Exemption: Dogs trained to aid the handicapped. G. No animal may enter any place where food is prepared, served, stored or sold to the public. Exemption: Dogs trained to aid the handicapped. - Ordinance- 1 H. No person, other than the owner, keeper or other authorized person, is permitted to release the animal from confinement. I. No dog may jump at or upon, or otherwise threaten persons using sidewalks, streets, alleys or other public ways. J. No dog may chase, bite or harass livestock or other domestic animals, except for herding purposes. K. A dos or does believed to he in violation of rl„v cant;,.., .,,.a � .._a 6.04.090 Dangerous and potentially dangerous dogs - Declaration. A. The animal control authority may find and declare a dog dangerous or potentially dangerous if there is probable cause to believe that the animal falls within the definition set forth in WCC 6.04.020(H) and (0), respectively. The finding will be based on: 1. The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of dangerous or potentially dangerous under WCC 6.04.020(H) and (0); or 2. Dog bite reports filed with the animal control officer required by the city or county ordinance or state law; or 3. Actions of the dog witnessed by any animal control officer or other law enforcement officer, or 4. Other substantial evidence which may include the previous history of the dog. B. The declaration of dangerous or potentially dangerous dog shall be in writing, and shall be served by the animal control authority on the owner or keeper by one of the following methods: 1. Certified mail to the owner or keeper's last known address; or 2. Personally; or 3. If the owner or keeper cannot be located by one of the first two methods after reasonable attempts, by publication in a newspaper of general circulation in the area of the incident. C. The declaration shall state at least the following information: 1. A description of the animal; 2. The name and address of the owner or keeper of the animal; 3. The last known whereabouts of the animal if it is not in the custody of the owner or keeper; 4. The facts upon which the declaration of dangerous or potentially dangerous dog is based; 5. Notice of the owner's or keeper's right to a hearing to contest the declaration, if the request is made within five days; 6. The restrictions placed on the animal as a result of the declaration of dangerous or potentially dangerous dog; 7. The penalties for violation of the restrictions. A complete copy of the applicable laws Whatcom County Code 6.04 shall be included with each declaration not served by publication. (Ord. 2002 -052; Ord. 9 8-022; Ord. 90 -53 (part)). 6.04.095 Restrictions that may be Placed on potentially dangerous dogs or dangerous dogs - Ordinance- 2 IUCI IU I IUUl1Url. 7. If this animal is moved from the county, the owner shall notify both the Whatcom County animal control agency and the agency who controls animals in the area where the animal is being relocated 6.04.100 Dangerous or potentially dangerous dogs - Declaration - Appeal. Following service of a declaration of dangerous or potentially dangerous dog, the owner or keeper may, within five business days of receipt of the declaration, or within five days of the publication of the declaration pursuant to WCC 6.04.090(8)(3), request in writing a hearing before the director of animal control. A. Such request shall contain: 1. A brief statement that protests the action and stating reasons it should be reversed or modified; and 2. The names, phone numbers and addresses of any witnesses who will appear on the dog owner's behalf; and 3. Current day phone number where owner, keeper or his representative can be contacted. 4. An address where notice maybe sent 5. If anv of the above informntinn chnnnne ,iiidn. e.e ...,.,..,.._ MZWII S`.-."•, to reasonably accommodate all parties involved All witnesses will be notified by phone or letter of the hearing date. If appellant or appellant's representative fails to appear for the hearing, excepting verifiable emergency, the original determination stands. w thin 20 days ef the do I paFties agree te- a- sentinuanca C. At the hearing, the animal control officer will give a full report of the actions and reasons leading to the declaration. Any witnesses who were a part of the determination and declaration shall be present and asked for their testimony. The burden is on the animal control department to show by a preponderance of the evidence that the dog is - Ordinancc- 3 dangerous or potentially dangerous as defined in WCC 6.04.020(H) or (Q). The dog owner, keeper or his representative and any witnesses on behalf of the dog or its owner will then be asked for their testimony and be given an opportunity to present any other pertinent evidence. The doo owner may he rpnraQunled r.,. --------- D. The director of animal control, having heard from both sides, will render either an immediate decision or a decision within 48 hours if new information is presented that may have a bearing on the decision. E. The decision will: 1. Uphold the original declaration and terms imposed; or 2. Reverse the entire decision; or 3. Uphold the original declaration but modify the terms and restrictions; or 4. Downgrade a declaration of dangerous to potentially dangerous with appropriate terms and restrictions. F. If the decision is reversed, written recommendations and /or warning concerning the dog's actions may be issued by the director which will become a permanent part of the history of the case. G. Within seven days of the hearing, the director shall prepare a final written decision including his/her findings and conclusions. A copy shall immediately be sent to the owner or keeper at the address provided to the animal control author all Applicable parties. Upon receipt of said written decision, the owner may appeal to the superior court by filing written notice thereof within 30 days. Such appeals shall be governed by the provisions of the Administrative Procedure Act (Chapter 34.04 RCW). (Ord. 98 -022; Ord. 90 -53 (part)). 6.04.110 Potentially dangerous dogs - Requirerper#s Violations. A. Following a declaration of potentially dangerous dog, it ie- MIAMI u"shall be a misdemeanor for an owner or keeper to: I. Permit the dog 4 to be other than securely confined inside a locked building, kennel, pen or other structure having secure sides, bottom and top while on the premises of the owner or keeper, aad or 2. Permit the doe it to be away from the premises of the owner or keeper unless the dog is securely muzzled and leashed, and under the control of a person at least 15 years of age and physically able to restrain and control the animal; or 3. Fail to comply with any Gawk - ordered restrictions established by either a court or administrative acencv on keeping said potentially dangerous dog; or 4. Fail to notify the agency of change of ownership, custody or residence of the dog within 10 days of such change. B. Following a declaration of potentially dangerous dog PwrswapE� made by either a court or administrative acencv the owner or keeper shall be guilty of a gross misdemeanor if: 1. Said dog inflicts a bite or bites upon a human or a domestic animal, unprovoked, either on public or private property; or 2. Said dog chases or approaches a person upon the streets, sidewalks, or other public grounds in a menacing fashion or apparent attitude of attack, or causes injury to or otherwise threatens the safety of humans or animals. This section shall not preclude any immediate criminal prosecution under RCW 16.08.100(3), in a situation causing severe injury or death of any human. - Ordinance- 4 C. No violation of the provisions of the above sections may be disposed of by forfeiture of bail without a court appearance. (Ord. 98 -022; Ord. 90 -53 (part)). D. The animal control officer may seek destruction of the animal pursuant to W.C.C. 6.04.130. 6.04.120 Dangerous dogs - Requirements. A. ROW 16.08.070, 16.08.080, 16.08.090, and 16.08.100 are adopted and incorporated herein by this reference., as stated or hereafter amended awarded. B. The annual registration fee for dangerous dogs shall be established in the Whatoom County Unified Fee Schedule. This registration fee is in addition to regular applicable dog license fees. C. Within 15 days of receipt of an application for certificate of registration, an animal control officer shall make an on -site inspection of the applicant's site for keeping the dangerous dog to ensure that the site is properly enclosed and posted in accordance with the requirements that have been imposed. D. Certificate of Registration of Dangerous Dog - Issuance. 1. The Whatoom County animal control authority shall issue the certificate of registration if the registration fee is paid and the application and site inspection show that the applicant meets the requirements of this section chapter and applicable state law. The certificate of registration shall contain its date of expiration and a statement of the applicable state criminal penalties for failing to comply. 2. Prior to renewal of a certificate of registration, the animal control authority shall inspect the premises where the dangerous dog is kept at a time mutually convenient. The purpose shall be to ascertain that the site remains in compliance with this section and state law. Said inspection shall occur within 30 days prior to the expiration date of the certificate. A renewal of the certificate of registration shall not be issued without such an inspection. If upon the re- inspection the site is nn innnar in ,,....,s,..,.e a _k..;, _ Ord. 6.04.130 Hearing on disposition of dangerous and potentially dangerous dog. If there is reasonable cause to believe a dangerous dog or a dog which has been declared potentially dangerous is in violation of any provision of either this chapter or RW Chapter 16.08, the animal control officer may request a hearing before the district court regarding one or more dangerous or potentially dangerous dogs. Upon said request: A. The owner or keeper of the animals(s) shall be served with notice of a pending hearing before the district court within 48 hours of the - insideetar filing of the request for hearing. The date for the hearing shall he cot by the pn„N 1In^" ar..,. If .4._ B. Pending hearing under this section, and any appeals to a court of competent jurisdiction, the animal or animals may be seized and impounded at the cost of the owner or keeper, as provided by this chapter. - Ordinance- 5 C. Attendance at a hearing under this section is mandatory. Failure of the owner or keeper of the animal to appear after being served with notice is--a rnisdemeaaeF will result in a findinn that rho vinlofi^n k�� ,...,...__. __A - -,, _,,_...... D. Following the hearing, the court may rule that: 1. There is insufficient evidence of the violation, whereupon the animal will be released to its owner subject to any restrictions imposed upon it previously; or 2. The animal be properly and humanly euthanized disposed f by the animal control officer; or 3. Under special circumstances, and subject to the restrictions of RCW Chapter 16.08, the owner or keeper may be allowed to permanently remove the animal from the county; provided, that adequate security or assurance against its return is given, and the court is convinced that the animal will be kept in such a manner that it is no longer a danger to persons, property or other animals. (Ord. 98 -022; Ord. 90 -53 (part)). 6.04.160 Impounded animals - Fees for. For every animal impounded pursuant to this chapter, there shall be paid to the animal control authority, by the owner, keeper or their authorized representative claiming such animal, the total of the following fees before the animal is released from impoundment: A. For dogs: 1. For the first impoundment in any 12 -month period, see the Whatcom County Unified Fee Schedule; 2. For the second impoundment of same dog in any 12 -month period, see the Whatcom County Unified Fee Schedule; and 3. For the third and subsequent impoundments within any 12 -month period, see the Whatcom County Unified Fee Schedule; 4. Exception: Fees for second, third and subsequent impoundment shall apply only to dogs in violation of Section 6.04.150(A)(1) and (A)(2). B. For animals other than dogs: 1. For any impoundment of cat or other small domestic pet, see the Whatcom County Unified Fee Schedule; 2. For any impoundment of livestock such as sheep, goats, swine, cattle or horses, see the Whatcom County Unified Fee Schedule. C. Impoundment fee can be waived or reduced at the discretion of the director of the animal control authority in case of animals impounded pursuant to Section 6.04.150(A)(3), (A)(4), or (A)(7), if it can be determined that the owner did not otherwise violate the terms of this chapter. D. A charge for the boarding and care of the animals after the first 24 hours will be made which will be: 1. For dogs, cats, other small domestic pets and small livestock, see the Whatcom County Unified Fee Schedule; 2. For large livestock, see the Whatcom County Unified Fee Schedule. E. In addition, any necessary additional expenses incurred by the animal control authority to care for the pet shall be assessed. These may include but are not limited to - Ordinance- 6 necessary veterinary care and special transportation for livestock. Actual copies of these special bills will be made available to the owner. F. Charges for boarding and care can be reduced at the discretion of the director if special circumstances exist or in the case of several animals belonging to the same owner, such as a litter of pups or kittens; provided, that such reduction will be allowed the same owner only once in any 12 -month period. G. For all dogs impounded and currently licensed unlicensed, the current license fee shall be assessed the owner or keeper before the dog is released from impoundment. (Ord. 98 -022; Ord. 93 -080 Exh. S; Ord. 90 -53 (part)). BE IT FURTHER ORDAINED that unless specifically amended by this Ordinance all other provisions of Whatcom County Code 6.04 shall remain in full force and effect. ADOPTED this 130day of July 2004. Clerk APPROVED AS TO FORM: WALL J. AT Chief Civil Deputy Prosecuting Attorney - Ordinance- 7 WHATCOM COUNTY COUNCIL WH TCOM COUNTYdNASHINGTON Ilk DAN McSHANE, Council Chair ( APPROVED ( ) DENIED PETeXREMEN, County Executive DATE: