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HomeMy WebLinkAbout1994-048 Public Safety and Morals ORDINANCE NO. 94- 48 ® AN ORDINANCE relating to public safety and morals, increasing the penalties for animal control violations, and amending Section 6.20.180 of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1 Section 6 20 180 of the City of Yakima Municipal Code is hereby amended to read as follows: "6.20.180 Civil infractions. A. The following are declared to be subject to a monetary penalty as civil infractions and the monetary penalty is in addition to or an alternative to any other penalty provided in this chapter 1 A violation of the following sections and subsections of the city of Yakima Municipal Code: 6.20 040, 6 20.050, 6 20.060, 6.20.070, 6.20 180D; 2. A violation of Section 6 20 120 of the city of Yakima Municipal Code, 3 A violation of Section 6 20 010 of the city of Yakima Municipal Code, B Whenever a city of Yakima animal control officer or law enforcement officer has reasonable grounds to believe that there is a violation of any of the aforementioned sections and subsections of this title, the officer is authorized to assess a penalty in the amount authorized in subsection C of this section and to issue to the violator a notice of civil infraction. C Civil infraction penalties shall be assessed according to the • following schedule: Violation of Section or Subsection of City of Yakima Municipal Code Penalty 6 20 120 CRUELTY TO ANIMALS $ 70.00 $3090 6 20 O10A LEASH LAW $ 70.00 $30.00 6 20 O10C LEASH LAW (Potentially Dangerous Dogs) $110.00 $90.00 6 20.040 HOWLING /BARKING DOGS $145.00 $125.00 6 20 050 DAMAGE BY DOGS $110.00 $90.00 6 20 060 MENACING DOGS $145.00 $125.00 6 20.070 NAUSEOUS KEEPING OF DOGS $110.00 $90.00 6.20.180(D) POSSESSION OF DANGEROUS/ POTENTIALLY DANGEROUS DOGS 1st Incident $ 70.00 $.50430 2nd Incident $170.00 $150.00 41 0) 3rd Incident $270.00 $1250.00 Page 1 (lslord /anmlcntrl jw D It is a civil infraction to own or possess a dog which, upon investigation, the city of Yakima animal control officer determines (1) to be either a potentially dangerous dog and (2) to have inflicted a bite on a human or domestic animal or to have engaged in any other activity characterizing a potentially dangerous dog or a dangerous dog pursuant to Section 6.20.160A of this chapter, which activity is referred to herein as an 'incident.' E. Any animal kept, housed or maintained in a household comprised of adults and minors shall be presumed to be in the ownership or possession of the adult(s) having control of the premises of that household. F (1) A person who is to receive a notice of civil infraction under this section is required to identify himself or herself to the animal control officer or law enforcement officer by giving his or her name, address, and date of birth Upon the request of the officer, the person shall produce reasonable identification, including a driver's license or identicard. (2) A person who is unable or unwilling to reasonably identify himself or herself to an enforcement officer may be detained for a period of time not longer than is reasonably necessary to identify the person for purposes of issuing a civil infraction. G. (1) A person who fails to sign a notice of civil infraction is guilty of a misdemeanor (2) Any person willfully violating his or her written and signed promise to appear in court or his or her written and signed promise to respond to a notice of civil infraction is guilty of a misdemeanor regardless of the disposition of the notice of civil infraction: Provided, that a written promise to appear in court or a written promise to respond to a notice of civil infraction may be complied with by an appearance by counsel." • Section 2 This ordinance shall be in full force and effect 30 days after its passage, • approval, and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL, signed and approved this 21 day of Angnst , 1994 ATTEST Mayor City Clerk Publication Date: 8 - 26 - q4 Effective Date: 9 -26 -94 Page 2 (la)ordienmlcntrl lw