HomeMy WebLinkAbout1989-3164 REGULATING DANGEROUS DOGS ORDINANCE NO 3164
AN ORDINANCE relating to public safety and morals and animal control;
regulating dangerous dogs; declaring certain conduct in
relation to dangerous dogs to be a crime; regulating howling
and barking dogs, and enacting 6.20.170 as a new section,
amending Section 6.20.040, and Subsection A of Section
6.20.160 and repealing Section 6.20 030, all of the City of
Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 6.20.030 of the City of Yakima Municipal Code is
hereby repealed.
Section 2. Section 6.20.040 of the City of Yakima Municipal Code is
hereby amended to read as follows:
"6.20.040 Howling and barking. It is unlawful for any person in
• the city of Yakima to keep or harbor any dog or other animal which by
frequent or habitual howling, yelping, barking or making other noises
shall unreasonably annoy or disturb a neighborhood. Any such dog or
animal is declared to be a nuisance and may be seized and impounded as
provided in this chapter. For the purposes of this section, no action
may be taken for a violation hereof except upon the written complaint of
at least three persons residing in separate residences within the
immediate neighborhood."
Section 3. Section 6.20.170 is hereby amended in a new section of the
City of Yakima Municipal Code to read as follows.
"6.20.170 Dangerous Dogs - Crimes.
A. It is unlawful for an owner to have a dangerous dog in the
City of Yakima without a certificate of registration in full force and effect
issued under Section 6:20.160 of the City of Yakima Municipal Code.
B. It is unlawful for an owner of a dangerous dog to permit the
dog to be outside the proper enclosure as defined in Section 6.20.160 of the
City of Yakima Municipal Code unless the dog is muzzled and restrained by a
substantial chain or leash and under physical restraint of a 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."
Section 4. Subsection A of Section 6.20.160 of the City of Yakima
Municipal Code is hereby amended to read as follows:
"6.20.160 Certificate of registration for dangerous dog.
A. Definitions. 'Potentially dangerous dog' means any dog that
when unprovoked: inflicts bites on a human or a domestic animal either
on public or private property, or chases or approaches a person upon the
streets, sidewalks, or any public grounds in a menacing fashion or
apparent attitude of attack, or any dog with a known propensity,
tendency, or disposition to attack unprovoked, to cause injury, or to
cause injury or otherwise threaten the safety of humans or domestic
animals.
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'Dangerous dog' means any dog that according to the records of the
City, has inflicted severe injury on a human being without provocation
on public or private property, or has killed a domestic animal without
provocation while off the owner's property, or has been previously found
to be potentially dangerous by the animal control officer, the owner
having received written notice of such and the dog again aggressively
bites, attacks, or endangers the safety of humans or domestic animals.
Dogs shall not be declared dangerous if the threat, injury, or damage
was sustained by a person who, at the time, was committing a wilful
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.
'Severe injury' means any physical injury that results in broken
bones or disfiguring lacerations requiring multiple sutures or cosmetic
surgery.
'Proper enclosure of a dangerous dog' means, 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 young children and designed to prevent the animal from
escaping. Such pen or structure shall have secure sides and a secure
top, and shall also provide protection from the elements for the dog."
Section 5. This ordinance shall be in full force and effect thirty 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 st day of
March , 1989.
t
MAYOR
4111
ATTEST
CITY CLERK
Publication Dace 3/24/89
Effective Dace 4/23/89
41,
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