HomeMy WebLinkAbout1989-3186 VIOLATION OF ANIMAL CONTROL ORDINANCES ORDINANCE NO. 1 3 1 8 6
• AN ORDINANCE establishing civil infractions and monetary penalties for
violation of animal control ordinances, exercising
municipal powers in accord with RCW 35.22.280(35)
providing waivers for animal license fees, and enacting
Section 6 20.180, Subsection 6.22.050C as a new
section and subsection of the City of Yakima Municipal
Code
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section L. The following is hereby enacted as a new section of
Chapter 6.20 of the City of Yakima Municipal Code'
"6.20.180 Civil Infractions
A. The following are declared to be subject to penalty as civil
infractions
1 A violation of the following sections and subsection of the
City of Yakima Municipal Code 6 20 030, 6 20 040, 6.20 050, 6.20 060,
111 6.20 070, 6 20 180E,
2. A violation of Section 6 04 425 of the City of Yakima
Municipal Code,
3. A violation of Section 6 14 010 of the City of Yakima
Municipal Code
B. Whenever a City of Yakima animal control officer has reasonable
grounds to believe that there is a violation of any of the aforementioned sections
and subsection of this title, the officer is authorized to assess a penalty in the
amount authorized in subsection D hereof and to issue to the violator a notice of
civil infraction that shall contain the following
1 The name and address of the person in violation of the
aforementioned sections or subsection, and
2 A statement by the officer of the violation, including the date,
time, location, physical description of the animal, ordinance citation and a brief
statement of facts setting forth the violation, and
41111 3. A statement assessing a civil penalty for each violation
requiring payment to the Director of Finance & Budget within thirty days of the
date on the notice,
4 A statement that any person assessed a civil penalty may
contest the penalty, by filing with Yakima County District Court, a written request
for hearing within thirty days of the date on the notice of civil infraction,
5. A statement that 'Failure to respond to this notice of civil
infraction by timely payment of the assessed penalty or by timely filing a request
for hearing is a misdemeanor punishable by a fine not to exceed $500', and
- 6. Signature of the citing officer in certification that the civil
infraction has occurred, and
7 A space for the person cited to sign and promise to respond
to the notice of infraction within the time required, by either paying the penalty
amount or filing a written request for hearing, and
8. A statement that 'Failure to sign the promise to respond and
• to return the notice to the Animal Control Officer, City Hall, Yakima, Washington
98901, is a misdemeanor, punishable by a fine not to exceed $500'
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OrdlnanceiORD a
C Service of Notice. The notice of civil infraction shall be served on
the person cited by
1 personal service, or
2. certified mail, postage prepaid, restricted to delivery to the
•
person cited only, return receipt requested, to the last known address of the
person cited.
Service by mail shall be deemed effective upon return to the City
of the postal return receipt indicating service upon the person cited
D Civil infraction penalties shall be assessed according to the
following schedule
Violation Penalty
6 04 425 $20 00
6 14 010 $10 00
6.20 030 $20 00
6.20 040 $10 00
6 20 050 $10 00
6 20 060 $10 00
6 20 070 $ 10.00
6 20 180(E) $25 00 for the first bite
or incident
$50 00 for the second
•
bite or incident
$75.00 for the third bite
or incident
E. 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 or a 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
ncident.'
F Prima facie evidence of a civil infraction established hereunder
shall be made by introduction into evidence, of the notice of civil infraction.
G. Any animal residing 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.
H Any person who fails to respond to the notice of civil infraction by
either payment in full of the assessed civil penalty within thirty days of service of
the notice of civil infraction, or by filing of a notice of appeal within thirty days of
the service of the notice of civil infraction, shall be guilty of a misdemeanor
punishable by a fine of up to $500 It shall not be a defense to such
misdemeanor that the disposition of the notice of civil infraction was favorable to
the person failing to respond to such notice
1. Failure to sign the promise to respond on the notice and to return
the notice to the Animal Control Officer, City Hall, Yakima, Washington 98901,
is a misdemeanor, punishable by a fine of up to $500 It shall not be a defense
to such misdemeanor that the disposition of the notice of civil infraction was
favorable to the person failing to sign and return the promise to respond.
J. Any civil infraction assessed by authority of this section is in
addition to and concurrent with any other penalty provided by law "
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OrdinanceiORD B
Section 2. Subsection C of Section 6.22 050 of the City of Yakima
Municipal Code is hereby enacted as a new subsection to read as follows
"6.22.050 License Fees. C The annual license fee imposed for
one dog under Subsection A shall be reduced by twenty-five percent in the
case of an owner who is over the age of sixty-two and has a gross annual
income of less than eleven thousand dollars, in the case of a one person
household, or fourteen thousand five hundred dollars in the case of a
household of two or more persons. Such reduction shall be in addition to the
reduction provided in Subsection A.
Provided, however, said fee shall not be imposed for one dog, the owner
of which is substantially disabled, meaning that the person has a physical or
mental impairment which substantially limits one or more major life activities or
functions, such as, caring for oneself, performing manual tasks such as walking,
seeing, hearing, speaking, breathing or learning.
Any person claiming the waiver provided by this subsection shall sign a
statement in substantially the following form
, claim the waiver or partial waiver of one
(name)
annual dog license fee on the following grounds. (Circle One)
( 1 ) I am over sixty-two years of age. I am a one person household
and I have a gross income of less than eleven thousand dollars per year
(2) I am over sixty-two years of age. I am a member of a household of
two or more persons for which household the gross annual income is less than
fourteen thousand five hundred dollars.
(3) I am substantially disabled which means that I have a physical or
mental impairment which substantially limits one or more major life activity or
function.
I swear or affirm under the penalty of perjury of the laws of Washington
that the foregoing is true and correct.
Date and Place Signature"
Section 1, This ordinance shall be in full force and effect thirty (30)
days after its passage, approval and publication as provided by law and by City
Charter
PASSED BY THE CITY COUNCIL, signed and approved this
day of ,\ , 1989
MAYOR
ATTEST
K alLe-v‘— „5,
CITY CLERK
411 Publication Date JUL 2 8 1989
Effective Date AUG 2 7 1989
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Ordinance/ORD B