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HomeMy WebLinkAbout1998-027 Pit Bull Dogs CORRECTED . i ORDINANCE "A" ORDINANCE NO. 98- 27 AN ORDINANCE relating to public safety and morals; amending the definition of pit bull dogs; providing impoundment procedures and allowing non- dangerous or potentially dangerous pit bull dogs to be adopted by non -city residents in lieu of being destroyed; Enacting as new sections sections 6.18.025, and 6.18.026; and amending Sections 6.18.010 and 6.20.110, all of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 6.18.010 of the City of Yakima Municipal Code is hereby amended to read as follows: "6.18.010 Definitions. 'Pit bull dog' means any dog over the age of six months known by the owner to be a pit bull terrier. 'Pit bull terrier' means any bull tcrricr, American pit bull terrier, Staffordshire bull terrier or American Staffordshire terrier breed of dog or any mixed breed of dog which contains as an element of its breeding the breed of bull tcrricr, American pit bull terrier, Staffordshire bull terrier, or American Staffordshire terrier so as to be identifiable as partially of the breed bull tcrricr, American pit bull terrier, Staffordshire bull terrier, or American Staffordshire terrier." Section 2. Section 6.18.025 of the City of Yakima Municipal Code is hereby enacted as a new section to read as follows: "6.18.025 Impounding Pit Bull Dogs. Whenever a pit bull dog is found within the City of Yakima, the owner shall be notified in writing of the prohibitions contained in this ordinance. Such notice shall be served upon the owner or, if the owner is not present, then upon any person of suitable age and discretion residing at owner's residence. Within 72 hours of such notice, the owner shall have the pit bull dog microchipped. The owner must permanently remove the pit bull dog from the City of Yakima within thirty (30) days of such notice. Failure to microchip a pit bull dog within 72 hours of notice or failure to remove a pit bull dog within 30 days of notice shall result in the immmediate impoundment of the animal. Whenever any pit Page - 1 (1k)ord /Pit Bull Dogs -jw shall result in the immmediate impoundment of the animal. Whenever any pit bull dog is found within the City of Yakima and the owner has previously had the notice required by this section, the dog may immediately be taken up and impounded by such officer charged with the enforcement of this chapter. Pit bull dogs impounded under this section may be redeemed or adopted pursuant to the provisions of section 6.20.110 of the Yakima Municipal Code." Section 3. Section 6.18.026 of the City of Yakima Municipal Code is hereby enacted as a new section to read as follows: "6.18.026 Impounding Potentially Dangerous Pit Bull Dogs and Pit Bull Dogs at Large. Notwithstanding the provisions of 6.18.025, any pit bull dog running at large in the City of Yakima which is not in the possession or control of its' owner or owner's agent, or which is a dangerous dog or potentially dangerous dog as those terms are defined in Chapter 6.20 of this code, shall be immediately impounded by a Yakima Animal Control Officer or Yakima Police Officer. Such animal shall be redeemed, adopted or destroyed pursuant to the provisions of section 6.20.110 of the Yakima Municipal Code." Section 4. Section 6.20.110 of the City of Yakima Municipal Code is hereby amended to read as follows: "6.20.110 Redemption of dogs and other animals. A. The owner or owner's agent of any dog or other animal impounded pursuant to Chapters 6.14, 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 of this chapter. Such redemption shall be effected as provided by either subsection B or subsection C of this section. B. (1) Except for animals contemplated by subsection B (2) of this section, redemption for each dog may be accomplished by payment to the impounding authority of the amount of fifteen dollars for the first impoundment Page - 2 (!k)ord /Pit Bull Dogsjw of the same dog during any twelve -month period; and the redemption fee shall increase by increments of fifteen 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 three dollars per day shall be imposed for the period of time that the impounded dog is kept in the pound after impounding. (2) 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 three dollars, and a charge of not less than three 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 fifteen 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 three dollars per day shall be made for the care • and feeding of such animals. (3) 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 personal checks drawn on local banks, or sufficient identification being made. C. 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: Page - 3 (lk)ord /Pit Bull Dogs -jw 'IN THE DISTRICT COURT FOR YAKIMA COUNTY CITY OF YAKIMA, 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 district court for Yakima County. D. 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 B(1) of this section; provided, however, that within the discretion of the impounding authority, any such impounded dog or other Page - 4 (Ik)ord /Pit Bull Dogs -jw 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. E. Redemption of Dangerous Dogs and Pit Bull Dog:,. Any dangerous dog which is confiscated pursuant to Section 6.20.160 or any pit bull dog - • _ _ _ _ _, _ _ _ :. ! ! - . :. ! ! of this code shall be humanely destroyed within forty -eight hours after its notice of confiscation is served or posted pursuant to Section 6.20.100, 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 fifteen dollars confiscation fee and three six dollars for each day such dog is confined by the city. Requests for such hearing shall be filed with the Yakima County District Court by the dog owner or his agent with a copy served upon the director of finance and budget or his designee and shall be made on a form which shall read substantially as follows: 'IN THE DISTRICT COURT FOR YAKIMA COUNTY IN RE THE ) CONFISCATION OF A ) NO. DOG NAMED ) Request for Dangerous Dog ) Dog confiscation Hearing owner's name I , as owner of a full name dog's name and description request a hearing to 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. Page - 5 (lk)ord /Pit Bull Dogs -jw Signature of owner or agent Address Telephone number' F. Redemption of Pit Bull Dogs. Any pit bull dog confiscated pursuant to Sections 6.18.020 or 6.18.030 of this code where the owner fails to request a hearing as provided in this subsection within forty -eight hours after a notice of confiscation is served or posted pursuant to Section 6.20.100, may be redeemed by any person by complying with the provisions of subsection B (1) of this section, having the animal microchipped for future identification and providing an address outside the City of Yakima where the animal is to reside; provided that pit bull dogs not adopted in a reasonable period of time may be humanely destroyed. At a hearing at which the City prevails, the Court may order that the do: be removed from the ci b the owner or •ut u • for ado •lion upon complying with subsection B (1) of this section. In any hearing at which the City prevails, the Court shall order that the pit bull dog be microchipped for future identification, that the pit bull dog shall remain outside the City of Yakima and that the person requesting the hearing shall be liable to the City for the sum of fifteen dollars confiscation fee and six 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 director of finance and budget or his 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 Pit Bull Dog ) Confiscation Hearing owner's name 1 as owner of a full name dog's name and description Page - 6 (lk)ord /Pit Bull Dogs -jw request a hearing to 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 place the dog for adoption. Signature of owner or agent Address Telephone number' G. Notwithstanding the other provisions of this section, dangerous or potentially dangerous pit bull dogs shall be humanly destroyed after 72 hours. In the event of a hearing at which the City prevails, the dog shall be humanly destroyed. The City shall be awarded fees and costs as herein provided. Section 5. 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 of July 1998. /` • ATTEST: John Puccinelli, Mayor City Clerk Publication Date: 7 -24-9R Corrected Publication Date: 8 - 7 -98 Effective Date: 8 -23 -98 Page -7 (Ik)ord /Pit Bull Dogs -jw • 6.18.010 Chapter 6.18 3. Reporting Requirements. All owners, keepers, or harborers of licensed pit bull dogs shall within ten days PIT BULL DOGS of the following occurrence, report the following informa- tion in writing to the city clerk or animal control officer Sections: as required hereinafter. 6.18.010 Definitions. a. The removal from the city or death of a licensed 6.18.020 Keeping of pit bull dogs pit bull dog; prohibited. b. The birth of offspring of a licensed pit bull dog; 6.18.030 Keeping of licensed pit bull dogs. c. The new address of the owner of a licensed pit bull dog should the owner move within the city limits. 6.18.010 Definitions. 4. Leash and Muzzle. No person shall permit a "Pit bull dog" means any dog over the age of six licensed pit bull dog to go outside its kennel or pen months known by the owner to be a pit bull terrier. "Pit unless such dog is securely leashed with a leash no bull terrier" means any bull terrier, American pit bull longer than four feet in length. No person shall permit a terrier, or Staffordshire bull terrier or American licensed pit bull dog to be kept on a chain, rope, or other Staffordshire terrier breed of dog or any mixed breed of type of leash outside its kennel or pen unless a person is dog which contains as an element of its breeding the in physical control of the leash. Such dogs shall not be breed of bull terrier, American pit bull terrier, leashed to inanimate objects such as trees, posts, or Staffordshire bull terrier, or American Staffordshire terrier buildings. In addition, all licensed pit bull dogs on a leash so as to be identifiable as partially of the breed bull terri- outside the animal's kennel shall be muzzled by a muz- er, American pit bull terrier, Staffordshire bull terrier, or zling device sufficient to prevent such dog from biting American Staffordshire terrier. (Ord. 3034 § 1 (part), persons or other animals. 1987). 5. Confinement. All licensed pit bull dogs shall be • securely confined indoors or in a securely enclosed and 6.18.020 Keeping of pit bull dogs prohibited. locked pen. kennel or structure, except when leashed and It is unlawful to keep, or harbor. own or in any way muzzled as above provided. Such pen, kennel or structure possess a pit bull dog within the city of Yakima. (Ord. shall have secure sides and a secure top attached to the 3034 § 1 (part), 1987). sides as to prevent such animals from escaping. Any pen, kennel or structure used to confine licensed pit bull dogs 6.18.030 Keeping of licensed pit bull dogs. shall be locked with a key or combination lock when A. The provisions of Section 6.18.020 shall not be occupied by such animals. Such pen, kennel or structure applicable to any owners. keepers, or harborers, of pit shall have a secure bottom or floor attached to the sides bull dogs licensed by the city of Yakima before the of the pen or the sides of the pen must be embedded in effective date of the ordinance codified in this chapter. the ground no less than two feet. Any pen, kennel or The phrase "licensed within the city of Yakima" and "li- structure erected to house pit bull dogs shall comply with censed" when used in this chapter shall mean licensed all zoning and building regulations of the city. Any pen. pursuant to the terms of Chapter 6.22 of this code. kennel or structure shall be adequately lighted and venti- The keeping of such licensed dogs shall be subject to lated and kept in a clean and sanitary condition. the following standards: 6. Confinement Indoors. No licensed pit bull dog 1. Sale or Transfer of Ownership Prohibited. No shall be kept on a porch, patio, or in any part of a house person shall sell, barter, or in any other way dispose of or structure which would allow such dog to exit such a pit bull dog licensed within the city to any person building on its own volition. In addition, no such animal within the city unless the recipient person resides perma- shall be kept in a house or structure when the windows nently in the same household and on the same premises are open or when screen windows or screen doors are the as the licensed owner of such dog; provided, that the only obstacle preventing the dog from exiting the struc- owner of a licensed pit bull dog may sell or otherwise ture. dispose of a licensed dog or the offspring of such dog to 7. Signs and Special Collars. All owners, keepers, persons who do not reside within the city. or harborers, of licensed pit bull dogs shall within ten 2. Animals Born to Licensed Dogs. All offspring days of the effective date of this chapter display in a born to pit bull dogs licensed with the city shall be re- prominent place on their premises a sign easily readable moved from the city within six weeks of the birth of such by the public using the words "Beware of Dog." In addi- animal. tion, a similar sign shall be posted on the kennel or pen 258 6.18.030 of such animal. All licensed pit bull dogs shall be identi- no longer reside in the city of Yakima. (Ord. 3050 § 1, G . fled by means of a blaze orange collar at least two inches 1987: Ord. 3034 § 1 (part), 1987). wide. 8. Identification Photographs and Tattoos. All own- ers, keepers, or harborers of licensed pit bull dogs shall provide within ten days of the effective date of this chapter to the city clerk or animal control officer two 3- by -5 -inch color photographs of the licensed animal clear- ly showing the color and approximate size of the animal. The owner or keeper shall within the aforementioned ten day period at his own expense have the license number assigned pursuant to Chapter 6.22 of this code tattooed upon such a pit bull dog by a licensed veterinarian. The tattoo shall be placed either on the upper inner lip or inside upper left rear thigh of the dog. 9. Insurance. All owners, keepers, or harborers of licensed pit bull dogs shall within ten days of the effec- tive date of the ordinance codified in this section present to the city clerk proof that the owner or keeper has pro- . cured liability insurance in the amount of at least one hundred thousand dollars, covering any damage or injury which may be caused by such pit bull dog during the following twelve month period. Such insurance shall be renewed annually so as to provide continuous coverage and shall be subject to approval by the city attorney as to form. 10. Vaccination (immunization) Against Rabies. All owners, keepers, or harborers of licensed pit bull dogs shall within ten days of the effective date of this chapter show proof to the city clerk and the animal control offi- cer that a licensed pit bull dog has been vaccinated against rabies within the last three years. Failure of any pit bull dog at any time to wear an up-to-date rabies vaccination tag issued by a licensed veterinarian who administered the vaccine shall be prima facie evidence of the dog's lack of vaccination against rabies and subjects such dog to immediate confiscation by the animal control officer. All pit bull dogs shall be vaccinated against rabies every three years. B. Failure to Comply. It shall be unlawful for the owner, keeper, or harborer of a pit bull dog licensed with the city of Yakima to fail to comply with the require- ments and conditions set forth in this chapter. Each day • of violation shall be a separate offense. Any pit bull dog found to be the subject of a violation of this chapter shall be subject to immediate confiscation by the animal control officer. Such animal shall be hu- manely destroyed pursuant to Section 6.20.110 E of this code unless a judge of a court of competent jurisdiction orders its release or the owner provides adequate proof to the animal control officer that such licensed dog shall 259 (Yakima 2 -95) BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of 7 / 9 / )9 ITEM TITLE: (A) AN ORDINANCE relating to public safety and morals; amending the definition of pit bull dogs; providing impoundment procedures and allowing non - dangerous or potentially dangerous pit bull dogs to be adopted by non -city residents in lieu of being destroyed; Enacting as new sections, sections 6.18.025, 6.18.026, and 6.18.027; and amending Sections 6.18.010 and 6.20.110, all of the City of Yakima Municipal Code. (B) AN ORDINANCE relating to public safety and morals; amending the definition of pit bull dogs; allowing non - dangerous or potentially dangerous pit bull dogs to be adopted by non -city residents in lieu of being destroyed; and amending Sections 6.18.010 and 6.20.110, all of the City of Yakima Municipal Code. SUBMITTED BY: Jeff B. West, City Prosecutor CONTACT PERSON/TELEPHONE: Jeff B. West 575 -6033 SUMMARY EXPLANATION: (On page two) Resolution Ordinance X Contract Other(Specify) Funding Source: - APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Council Policy Issue. BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: Ordinance "A" was passed. ORDINANCE NO. 98-27 SUMMARY EXPLANATION: (cont.) Per Council direction and in response to citizen complaints, two versions of proposed pit bull dog ordinance changes are submitted for the City Council to consider. Both of the proposed ordinance amendments remove bull terriers from the list of banned dogs and provide that the City may place pit bull dogs for adoption by persons residing outside the City of Yakima rather than destroying all pit bull dogs found in the City. To prevent the dogs returning to the City, all pit bull dogs must be microchipped prior to release so that they may be identified in the future. Pit bull dogs, which qualify as dangerous dogs or potentially dangerous dogs, will be destroyed. • The two ordinance versions differ in that version "A" contains a requirement that the owner of a pit bull dog receive 30 days notice prior to their dog being impounded. The required notice is one notice per owner rather that one notice per dog. Once an owner has had the required 30 -day notice, any subsequent pit bull dog would be impounded immediately. Version "A" also contains provisions that allow the immediate impoundment of any pit bull dog found running at large or which is a potentially dangerous or dangerous dog as those terms are defined in YMC Ch. 6.20. Version "B" lacks the thirty -day notice requirement. Since version "B" maintains the status quo in that all it bull dogs are subject to immediate impoundment, the provision requiring p immediate impoundment of at large and dangerous dogs becomes superfluous and is not included. Two other items are attached for council consideration. First are two alternate versions ( "A" and "B" corresponding to the appropriate ordinance) of the proposed "Policy and Procedures Regarding Banned Dogs" which would go into effect upon passage of the proposed ordinance changes. To give owners adequate time to request a hearing, pit bull dogs will be held a minimum of 72 hours before being placed for adoption. Second, the complete text of YMC Chapter 6.18 prior to any amendments is included. • • • «A POLICY AND PROCEDURES REGARDING BANNED DOGS There is a total ban within the city limits of Yakima on all Pit Bull Terriers, American Staffordshire Terriers, Staffordshire Terriers and all mixed breeds showing prevailing characteristics of the aforementioned breeds. All banned dogs found running at large shall be impounded. All banned dogs running -at large that have been impounded must be held for 72 hours. Within that time period, an owner may request a hearing to contest the impoundment by filing a request for a "dangerous dog hearing." This request must be made to the court within 48 hours of the notice of impoundment. All dogs impounded for a "dog bite" are to be treated in the normal quarantine manner and held for 10 days. The above procedure for redemption may be initiated during that time period, but the dog may not be moved during the quarantine period. Whenever a pit bull dog is found with the City of Yakima, the owner shall be notified in writing of the prohibitions contained in this ordinance. The dog owner must have the pit bull dog microchipped and furnish microchip numbers and information to City Animal Control within 72 hours of notification. The owner must permanently remove the pit bull dog from the City of Yakima within thirty (30) days of such notice. Whenever a pit bull dog is found within the City of Yakima and the owner has had the notice required by this section, the dog may be taken up and impounded by such officer charged with the enforcement of this chapter. Such animal may be redeemed pursuant to the provisions of section 6.20.110 of the Yakima Municipal Code. If the banned dog is contained within a yard, a search warrant is required. If the banned dog is known to be inside a residence or contained in an out - building on a residential lot, a search warrant is required. Notice of impoundment and confiscation is to be personally delivered to the owner (if known) or left at the residence if not known. If an officer allows the owner to relocate the dog outside of the City of Yakima, the owner must complete an "Owners Declaration" form. The form must contain all pertinent owner info and include the relocation address for the dog. It is advisable for local authorities to follow -up after the dog has been moved to confirm that the dog is at the new location.