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HomeMy WebLinkAbout2007-042 Redemption of Impounded Animals; YMC Amendment 6.20.320 ORDINANCE NO. 2007 -12 AN ORDINANCE relating to animal impounds, amending section 6.20 320 to be consistent with the numbering of the ordinance BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. Section 1 Section 6.20 320 of the City of Yakima Municipal Code is amended to read as follows 6.20.320 Redemption of impounded animals. (1) The owner or owner's agent of any dog or other animal impounded pursuant to Chapters 6.20 or 6.22 of this title may redeem the impounded dog or animal within forty -eight hours, exclusive of Sundays and holidays, after notice of the impoundment is given pursuant to Section 6.20 100 6 20 310 of this chapter Such redemption shall be effected as provided by either subsection B or subsection C of this section. (2) (A) Except for animals contemplated by subsection (2)(B) of this section, redemption for each dog may be accomplished by payment to the impounding authority of the amount of twenty dollars for the first impoundment of the same dog during any twelve -month period; and the redemption fee shall increase by increments of twenty dollars for each subsequent impoundment of that same dog during that twelve -month period In addition to the redemption fee provided by this subsection, a person redeeming an unlicensed dog shall also pay for and obtain a current city of Yakima dog license before the dog is redeemed In addition to the redemption fee, an additional charge of ten dollars per day shall be imposed for the period of time that the impounded dog is kept in the pound after impoundment, together with the cost for mandatory microchipping, prior to redemption. (B) In the case of smaller animals other than dogs not requiring special equipment for transporting the same to the pound, the impounding fee shall be twenty dollars, and a charge of not less than ten dollars per day may be imposed by the impounding authority for the care and feeding of such animals. In the case of larger animals requiring special equipment for transporting the same to the pound (any equipment larger than a pickup or panel delivery truck), the basic impounding fee shall be twenty dollars, and in the event such an impoundment occurs at any time other than between nine a m to five p m. on weekdays, or between ten a.m and four p m. on a Saturday, or if the impoundment occurs on a legal holiday, the impoundment fee shall be forty -five dollars. An additional charge of ten dollars per day shall be made for the care and feeding of such animals. (C) Any payment required by this subsection for the redemption of an impounded dog or other animal may be made with any commercially reasonable tender, including but not limited to cash, money orders or major credit or debit cards, on sufficient identification being made (3) In the event an owner of an impounded dog or other animal desires to contest the validity of the impoundment, the impounded dog or other animal nevertheless may be redeemed by the execution and delivery to the impoundment authority of a promissory note payable to the city of Yakima in the amount of fifty dollars plus the appropriate impoundment fee, and the simultaneous filing with the impoundment authority of a request for animal impoundment hearing on a form to be provided by the impoundment authority and which shall read substantially as follows. "IN THE MUNICIPAL COURT FOR THE CITY OF YAKIMA CITY OF YAKIMA, 1 Plaintiff, ] NO v ] ] REQUEST FOR ] ANIMAL IMPOUNDMENT ] HEARING (name of owner) ] Defendant. ] I, (full name), as owner or owner's agent of a (dog or animal description /license number) hereby request a hearing to contest its impoundment of (date) at (place) Grounds for contesting the validity of the impoundment: I understand that if I fail to appear at the time set for hearing, in accordance with a notice to be given to me by the court, judgment will be entered against me for the amount of my promissory note payable to the City of Yakima, given in connection with this request for hearing, together with additional court costs. Dated (signature of owner or agent) Address Telephone number The impounding authority shall cause all timely requests for animal impoundment hearing to be filed with the city of Yakima Municipal Court. (4) If an impounded dog or other animal is not redeemed by its owner within the forty -eight hour period following the notice of impoundment, then any person may redeem the dog or other animal by complying with the provisions of subsection (2)(A) of this section, provided, however, that within the discretion of the impounding authority, any such impounded dog or other animal may be humanely destroyed or otherwise disposed of; provided, further, that in the case of any horse, mule, cattle, hog or other stock animals that may be impounded when running at large within the city of Yakima, the impounding authority shall follow the procedure established by the laws of the state of Washington in Title 16 of the Revised Code of Washington relative to the care and sale of estrays (5) Redemption of Dangerous Dogs. Any dangerous dog, as defined in this chapter and which is confiscated pursuant to Section 6.20 300 of this chapter shall be humanely destroyed within forty -eight hours after its notice of confiscation is served or posted pursuant to Section 6.20 310 of this chapter, unless its owner or his agent requests a hearing as provided in this subsection and the dog is ordered released by the court. In the event of a hearing at which the city prevails, the dog shall be humanely destroyed The person requesting the hearing shall be liable to the city for the sum of twenty dollars confiscation fee and ten dollars for each day such dog is confined by the city Requests for such hearing shall be filed with the Yakima Municipal Court by the dog owner or his agent with a copy served upon the department of economics or its designee and shall be made on a form which shall read substantially as follows. , "IN THE MUNICIPAL COURT FOR THE CITY OF YAKIMA IN RE THE ) CONFISCATION OF A ) NO DOG NAMED ) Request for Dangerous Dog ) Dog Confiscation Hearing owner's name , as owner of a full name request a hearing to dog's name and description contest its confiscation The dog is currently being held at the city impoundment facility I understand that if I fail to appear at the time set by the Court for hearing, the City shall humanely destroy the dog. (Signature of owner or agent) Address Telephone number " (6) The daily boarding fees set forth in this section as costs to the individual redeeming an impounded dog may be increased from time to time to reflect actual increased cost assessments by the humane society for boarding city animal impounds 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 ADOPTED BY THE CITY COUNCIL this 7 day of A e de st, 20077 , 1/- `"."-- David dler, Mayor ATTEST City Clerk Publication Date August 10, 2007 Effective Date September 9, 2007 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No 4 `, , , For Meeting of August 7, 2007 ITEM TITLE. Relating to animal impounds, amending section 6.20 320 to be consistent with the numbering of the ordinance SUBMITTED BY Assistant City Attorney Bronson Faul CONTACT PERSON/TELEPHONE. Assistant City Attorney Bronson Faul, 575 -6033 SUMMARY EXPLANATION This is a technical housekeeping matter The city ordinance relating to animals was completely reorganized in 2005 There is currently one citation that needs amended to be consistent with the numbering of the remainder of the ordinance Resolution Ordinance _ X Contract _ Other (Specify) Funding Source APPROVED FOR SUBMITTAL. ity Manager STAFF RECOMMENDATION It is recommended that the Council adopt the changes being proposed BOARD /COMMISSION RECOMMENDATION The Council Public Safety Committee unanimously recommends that the Council adopt the changes COUNCIL ACTION