HomeMy WebLinkAbout1987-3035 REGULATING DANGEROUS DOGS ORDINANCE NO. 3nls
AN ORDINANCE relating to public safety and morals, 'regulating dan-
gerous dogs, requiring restraints, insurance, signs and
enclosures for such dogs, charging a fee therefore, and
enacting Section 6.20.160 and Subsection 6.20.110 E as a
• new section and subsection and amending Section
6.20.100 all of the City of Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA;
Section 1.
"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 to
threaten the safety of humans or domestic animals.
'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 provo-
cation while off the owner's property, or has been previously found to be
potentially dangerous by the animal control officer, the owner having re-
ceived written notice of such and the dog again aggressively bites, attacks,
or endangers the safety of humans or domestic animals.
'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 se-
curely 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.
B. Certificate of Registration.
The Director of the Department of Finance and Budget or his designee
shall issue a certificate of registration to the owner of a dangerous dog if
the owner presents to the animal control unit sufficient evidence of:
(1) A proper enclosure to confine a dangerous dog and the
posting of the premises with a clearly visible sign warning that there is a
dangerous dog on the property. In addition, the owner shall conspicuously
display a sign with a warning symbol that informs children of the presence
of a dangerous dog;
(2) A surety bond issued by a surety insurer qualified under
chapter 48.28 RCW in a form acceptable to the City Attorney, in the sum of
at least fifty thousand dollars, payable to any person injured by the dan-
gerous dog; or
(3) A policy of liability insurance, such as homeowner's insur-
ance, issued by an insurer qualified under Title 48 RCW in, the amount of at
least fifty thousand dollars in a form acceptable to the City Attorney, in-
suring the owner for any personal injuries inflicted by the dangerous dog.
(4) Prior to the issuance of any certificate of registration the
• Director of Finance and Budget or his designee shall collect from the owner
of any dangerous dog a registration fee of one hundred dollars ($100).
(5) The certificate of registration shall expire one year after its
issuance and it shall be renewable under the same terms and conditions as
governed by its previous issuance.
C. Confiscation of Dangerous Dogs.
Any dangerous dog shall be immediately confiscated by the animal
control officer or any law enforcement officer if the dog is not validly regis-
tered under Subsection B of this section if the owner does not secure and
maintain the liability insurance coverage or bond required 'under Subsection
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B of this section or the dog . is not maintained in the proper enclosure; or
the dog is outside of the dwelling of the owner, or outside of the proper .
enclosure and not . under physical restraint of the responsible person."
Section 2. Subsection E of Section 6.20.110 of the City of Yakima
Municipal Code is hereby enacted as . a new subsection to ` read as follows:
"6.20.110 Redemption of dogs and other animals."
• E. Redemption of dangerous dogs and Pit Bull Dogs. Any dangerous
dog which is confiscated pursuant to Section 6.20.160 of this Chapter or any
Pit Bull Dog confiscated pursuant to Section 6.18.020 or 6.18.030 of the City
of Yakima Municipal Code shall be humanely destroyed within forty -eight (48)
hours after its notice of confiscation is served or posted pursuant to Section
6.20.100 of the City of .Yakima Municipal Code, 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 pre -
vails, 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 dollars for each day such dog is confined by the City. Re-
quests 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's name and description ) Dog Confiscation Hearing
)
)
owner's name )
"I , as owner or the owner's agent 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 dog shall be humanely destroyed by the City.
Signature of owner or agent
Address
Telephone number"
Section 3. Section 6.20.100 is hereby amended to read as follows : ,
"6.20.100 Notice of impoundment or confiscation. Upon impound-
ment of any dog or other animal or the confiscation of a dangerous dog or a
• Pit Bull Dog, the impounding authority shall immediately notify the owner in
writing. Such written 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 the owner's residence. Contained within such written notice
shall be a description of the dog or other animal, any license number, the
reason for impoundment or confiscation, and the terms upon which such dog •
or other animal may be redeemed. If the owner of such dog or other animal
is unknown, then such written notice shall be posted as soon as possible
after confiscation or impoundment in a conspicuous place at the pound and at
two other public places in the City of Yakima."
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Section 4. 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 28th
day of y , 1987.
. f Are"'
■•■,"
MAYOR
ATTEST:
„
CITY CLERK
Publication date AUG 0 2 1987
Effective date: SEP 0 1 1987
40
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