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