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HomeMy WebLinkAbout2015-003 Dogs Ordinance Changes; YMC Amendment Chapert 6.20. ORDINANCE NO. 2015 -003 AN ORDINANCE relating to Public Safety; amending the classification of dog behavior levels; amending the responsibilities of dog owners with dangerous or potentially dangerous dogs; amending the redemption methods for impounded dogs; amending the registration of potentially dangerous and dangerous dogs; and amending Yakima Municipal Code Chapter 6.20. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The following Sections of Chapter 6.20 of the City of Yakima Municipal Code are amended to read as follows: HUMAN RESPONSIBILITY FOR DOGS 6.20.130 Control of dogs. It is unlawful for any person to permit any dog to engage in any of the following behavior: (1) Level 1 Behavior. Level 1 behavior occurs whenever a dog is at large. (2) Level 2 Behavior. Level 2 behavior occurs when a dog: (A) While at large, menaces, chases, displays threatening or aggressive behavior, or otherwise threatens or endangers the safety of any person, domestic animal or livestock; or (B) Although not at large, bites or causes physical injury to any domestic animal or livestock; or (C) Has been convicted of Level 1 behavior on more than one occasion. (3) Level 3 Behavior. Level 3 behavior occurs when a dog: (A) Although not at large, bites or causes physical injury to any person; or (B) After being convicted of Level 2 behavior, is then subsequently convicted of a violation of YMC 6.20.140(1)(A). (C) In any determination of whether a dog acted with Level 3 behavior, it is a defense that the dog was provoked. (D) A dog convicted of Level 3 behavior shall constitute a potentially dangerous dog. (4) Level 4 Behavior. Level 4 behavior occurs when a dog at large bites or causes physical injury to any person, domestic animal, or livestock. (A) In any determination of whether a dog acted with Level 4 behavior, it is a defense that the dog was provoked. (B) A dog convicted of Level 4 behavior shall constitute a potentially dangerous dog. (5) Level 5 Behavior. Level 5 behavior occurs when a dog: (A) Although not at large, causes severe injury to any person; or (B) While at large causes severe injury to any person or kills any domestic animal or livestock; or (C) After being classified under Level 3 or 4 behavior by animal control, law enforcement, or the municipal court, bites, attacks, or endangers the safety of any person; or (D) After being convicted of Level 3 behavior, is then subsequently convicted of a violation of YMC 6.20.140(1)(B). (E) In any determination of whether a dog acted with Level 5 behavior, it is a defense that the dog was provoked. 1 (F) A dog convicted of Level 5 behavior shall constitute a dangerous dog. (6) Level 6 Behavior. Level 6 behavior occurs when a dog: (A) Whether or not confined, and without provocation, causes the serious physical injury or death of any person; or (B) Is used as a weapon in the commission of a crime; or (C) After being convicted of Level 5 behavior, is then subsequently convicted of a violation of YMC 6.20.140(1)(C). (Ord. 2005-69 § 1 (part), 2005). (D) A dog convicted of Level 6 behavior shall constitute a dangerous dog. 6.20.140 Control of potentially dangerous or dangerous dogs. (1) It is unlawful for any person to fail to comply with the following provisions applicable to dogs which have engaged in behaviors described in YMC 6.20.130, which may result in the dog being impounded and held until the animal owner has met the appropriate stipulations: (A) Dogs which have exhibited Level 2 behavior shall be restrained in a manner that prevents the dog from reaching any public sidewalk, or adjoining property. Such dogs must be located so as not to interfere with the public's legal access to the dog owner's property. Whenever that dog is off the dog owner's property it must be on a chain leash under the actual control of a capable person. In addition, the department may require the animal owner to put up warning signs and obtain and maintain proof of public liability insurance. (B) Dogs which have exhibited Level 3 behavior shall be physically restrained by a chain leash, confined within a secure enclosure or inside the home of the owner that prevents the dog from reaching any public sidewalk, or adjoining property. Such dogs must be located so as not to interfere with the public's legal access to the owner's property. Whenever that dog is not physically restrained or confined or is off the dog owner's property, it must be on a chain leash under the actual control of a capable person. In addition, the department may require the animal owner to put up warning signs and obtain and maintain proof of public liability insurance. (C) Dogs which have exhibited Level 4 or Level 5 behavior shall be confined within a secure enclosure whenever the dog is not inside the home of the owner. The secure enclosure must be located so as not to interfere with the public's legal access to the dog owner's property, and the dog owner shall conspicuously post warning signs, which must be approved by the department, on the property where the dog is kept. In addition, the department may require the dog owner to obtain and maintain proof of public liability insurance. The dog owner shall not permit the dog to be outside of the secure enclosure unless the dog is muzzled, on a chain leash and under the actual control of a capable person. (D) Dogs which have exhibited Level 6 behavior shall be euthanized. (2) The department shall require that all potentially dangerous dogs be microchipped. (3) Any dangerous dog shall be immediately confiscated by the animal control officer or any law enforcement officer if the dog is (1) not validly registered under subsection B of this section, (2) if the owner does not secure and maintain the liability insurance coverage or bond required under subsection B of this section, (3) 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. (Ord. 2005-69 § 1 (part), 2005). 2 IMPOUNDMENT OF DOGS 6.20.320 Redemption of impounded animals. (1) The owner or owner's agent of any dog or other animal impounded pursuant to this chapter or Chapter 6.18 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 YMC 6.20.310. Such redemption shall be effected as provided by subsection (2) 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-five 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-five 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-five 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. (D) The impound fee shall be waived the first time a dog licensed with the city of Yakima is impounded; provided, that the dog license is current and valid. (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 of a petition for a hearing with the impoundment authority. The petition shall be in the form set forth in subsection (8) of this section. The impounding authority shall cause all timely requests for animal impoundment hearing to be filed with the city of Yakima municipal court. 3 (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 strays. (5) Redemption of Potentially Dangerous or Dangerous Dogs. Any potentially dangerous or dangerous dog, as defined in this chapter and which is confiscated pursuant to YMC 6.20.300, shall be humanely destroyed at the conclusion of seventy -two hours, excluding weekends and holidays, after a notice of confiscation is served or posted pursuant to YMC 6.20.310, unless the potentially dangerous or dangerous dog's owner or the owner's agent satisfies the corresponding stipulations of ownership, if applicable, pursuant to YMC 6.20.140, and demonstrates such to the Department within the seventy -two hours, or requests a hearing as provided in this subsection that is granted by the court. The hearing shall be set within ten business days of the delivery of the request to the municipal court. Once a timely request for a hearing has been received by the court, only the court may order the dog released before the scheduled hearing. The person requesting the hearing shall be liable to the city for the sum of twenty -five 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 Economic Development or its designee. The petition shall be in the form set forth at subsection (8) of this section. (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. (7) Redemption of Pit Bull Dog. In addition to the provisions provided in this section, an owner or owner's agent redeeming a pit bull dog must sign a promise to remove the dog from the city of Yakima and provide the address to which the animal will then reside. (8) IN THE MUNICIPAL COURT OF THE STATE OF WASHINGTON CITY OF YAKIMA ) Petitioner, ) NO. vs. ) IN RE THE ANIMAL IMPOUND OF A ) DOG NAMED CITY OF YAKIMA, ) Respondent. ) 4 COMES NOW (Petitioner), as owner of a (breed) dog named to request the Court calendar this matter for the following purpose: [ ] Contest the validity of the seizure; [ ] Contest the dog's behavior Level as defined in YMC 6.20.130; [ ] Other: The dog is currently being held at the city impound facility. I understand that if I fail to appear at the time set by the Court for the hearing, the Court shall enter an order finding the motion(s) dismissed with prejudice. Dated this day of , 20 Name: Address: Telephone: It is hereby ORDERED: [ ] This case may be set as requested; [ ] This case may be set with the following amendment(s): [ ] Motion is denied. Set no hearing; [ ] Other: Dated: Judge /Commissioner: (Ord. 2009 -61 § 2, 2009: Ord. 2007 -58 § 2, 2007: Ord. 2007 -42 § 1, 2007: Ord. 2007 -11 § 5, 2007: Ord. 2005 -69 § 1 (part), 2005). REGISTRATION OF DANGEROUS DOGS 6.20.340 Dangerous dogs or potentially dangerous dogs — Registration requirements — Fee. (1) In addition to any other registration and licensing requirements provided in this chapter, it is unlawful for a person to keep any dog that engaged in Level 3, 4, 5 or 6 behavior, as described in YMC 6.20.130 and as determined by an animal control officer, law enforcement officer, or order of the municipal court, in the city without a certificate of registration issued under this section. This section shall not apply to dogs used by law enforcement officials for police work. (2) The department shall issue a certificate of registration to the owner of a dangerous or potentially dangerous dog if the owner presents to the department sufficient evidence of: (A) A proper enclosure to confine the dangerous dog and the posting of the premises with clearly visible warning signs that there is a dangerous dog on the property. In addition, the owner shall conspicuously display warning 5 symbols that inform children of the presence of a dangerous or potentially dangerous dog; and (B) A surety bond issued by a surety insurer qualified under RCW Chapter 48.28 in a form acceptable to the department in the sum of at least two hundred fifty thousand dollars, payable to any person injured by the dangerous or potentially dangerous dog; or (C) A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under RCW Chapter 48.28 in the amount of at least two hundred fifty thousand dollars, insuring the owner against liability to any person for injuries inflicted by the dangerous or potentially dangerous dog. (3) A fee of one hundred fifty dollars shall be paid to the department by any person seeking to register a dangerous or potentially dangerous dog. (Ord. 2005 -69 § 1 (part), 2005). 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. PASSED BY THE CITY COUNCIL, signed and approved this 20 day of January, 2015. igh Micah awley, Mayor - EST: 1 1111k • 11 ..... tyClerk : , �„ O i I ; W * ' Publication Date: January 23, 201/4 ■■ • • \` Effective Date: February 22, 2015 vIo.■■,• 6 f� F x .11 Ii ~ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 10. For Meeting of: January 20, 2015 ITEM TITLE: Ordinance relating to Public Safety; amending the classification of dog behavior levels; amending the responsibilities of dog owners with dangerous or potentially dangerous dogs; amending the redemption methods for impounded dogs; amending the registration of potentially dangerous and dangerous dogs; and amending Yakima Municipal Code Chapter 6.20 SUBMITTED BY: Andrew Reinan, Assistant City Attorney SUMMARY EXPLANATION: The proposed ordinance satisfies needed changes in the Yakima Municipal Code relating to the classification of dangerous or potentially dangerous dogs, and the due process avenues available to dog owners if a pet dog is impounded by Animal Control. First, the section relating to the application of "behavior levels" to a dog is amended to more closely reflect the behaviors provided by the definitions of "dangerous" and "potentially dangerous" dog under the RCWs. Animal Control officers will begin making determinations on -scene as an administrative change in protocol. Second, a new hearing petition shall replace both forms that currently exist. The proposed petition identifies two primary issues that may be contested, and includes an order accepting or rejecting same to be completed by a court judge or commissioner. The court and city legal have recently struggled with issues of ripeness and mootness due to petitioners' confusion regarding the nature of the hearing. Resolution: Ordinance: X Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: NA Amount: Funding Source /Fiscal Impact: Strategic Priority: Public Safety Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: City Manager RECOMMENDATION: Pass the Ordinance. ATTACHMENTS: Description Upload Date Type 0 Ordinance - Dangerous Dogs -Final 12/30/2014 Ordinance 0 Ordinance - Dangerous Dogs- Strikeout copy 12/30/2014 Ordinance ORDINANCE NO. 2015- AN ORDINANCE relating to Public Safety; amending the classification of dog behavior levels; amending the responsibilities of dog owners with dangerous or potentially dangerous dogs; amending the redemption methods for impounded dogs; amending the registration of potentially dangerous and dangerous dogs; and amending Yakima Municipal Code Chapter 6.20. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The following Sections of Chapter 6.20 of the City of Yakima Municipal Code are amended to read as follows: HUMAN RESPONSIBILITY FOR DOGS 6.20.130 Control of dogs. It is unlawful for any person to permit any dog to engage in any of the following behavior: (1) Level 1 Behavior. Level 1 behavior occurs whenever a dog is at large. (2) Level 2 Behavior. Level 2 behavior occurs when a dog: (A) While at large, menaces, chases, displays threatening or aggressive behavior, or otherwise threatens or endangers the safety of any person, domestic animal or livestock; or (B) Although not at large, bites or causes physical injury to any domestic animal or livestock; or (C) Has been convicted of Level 1 behavior on more than one occasion. (3) Level 3 Behavior. Level 3 behavior occurs when a dog: tivesteekvAlthough not at large, bites or causes - physical injury to any person; or (B) After being convicted of Level 2 behavior, is then subsequently convicted of a violation of YMC 6.20.140(1)(A). (C) In any determination of whether a dog acted with Level 3 behavior, it is a defense that the dog was provoked. (D) A dog convicted of Level 3 behavior shall constitute a potentially dangerous dog. (4) Level 4 Behavior. Level 4 behavior occurs when a dog, although not at large bites or causes physical injury to any person, domestic animal, or livestock. (A) In any determination of whether a dog acted with Level 4 behavior, it is a defense that the dog was provoked. (B) A dog convicted of Level 4 behavior shall constitute a potentially dangerous dog. (5) Level 5 Behavior. Level 5 behavior occurs when a dog: • (A) ' - - - -- e.- - - -- - - - - - - - - - - - • - - - - - - - - Although not at large, causes severe injury to any person; or (B) While at large causes severe injury to any person or kills any domestic animal or livestock; or (C) After being classified under Level 3 or 4 behavior by animal control, law enforcement, or the municipal court, bites, attacks, or endangers the safety of any person; or (D) After being convicted of Level 3 behavior, is then subsequently convicted of a violation of YMC 6.20.146(1)(B). (E) In any determination of whether a dog acted with Level 5 behavior, it is a defense that the dog was provoked. (F) A dog convicted of Level 5 behavior shall constitute a dangerous dog. (6) Level 6 Behavior. Level 6 behavior occurs when a dog: (A) Whether or not confined, and without provocation, causes the serious physical injury or death of any person; or (B) Is used as a weapon in the commission of a crime; or (C) After being convicted of Level 5 behavior, is then subsequently convicted of a violation of YMC 6.20.140(1)(C). (Ord. 2005 -69 § 1 (part), 2005). (D) A dog convicted of Level 6 behavior shall constitute a dangerous dog. 6.20.140 Control of potentially dangerous or dangerous dogs. (1) It is unlawful for any person to fail to comply with the following provisions applicable to dogs which have engaged in behaviors described in YMC 6.20.130, which may result in the dog being impounded and held until the animal owner has met the appropriate stipulations: (A) Dogs which have exhibited Level 2 behavior shall be restrained in a manner that prevents the dog from reaching any public sidewalk, or adjoining property. Such dogs must be located so as not to interfere with the public's legal access to the dog owner's property. Whenever that dog is off the dog owner's property it must be on a chain leash under the actual control of a capable person. In addition, the department may require the animal owner to put up warning signs and obtain and maintain proof of public liability insurance. (B) Dogs which have exhibited Level 3 behavior shall be physically restrained by a chain leash, confined within a secure enclosure or inside the home of the owner that prevents the dog from reaching any public sidewalk, or adjoining property. Such dogs must be located so as not to interfere with the public's legal access to the owner's property. Whenever that dog is not physically restrained or confined or is off the dog owner's property, it must be on a chain leash under the actual control of a capable person. In addition, the department may require the animal owner to put up warning signs and obtain and maintain proof of public liability insurance. (C) Dogs which have exhibited Level 4 or Level 5 behavior shall be confined within a secure enclosure whenever the dog is not inside the home of the owner. The secure enclosure must be located so as not to interfere with the public's legal access to the dog owner's property, and the dog owner shall conspicuously post warning signs, which must be approved by the department, on the property where the dog is kept. In addition, the department may require the dog owner to obtain and maintain proof of public liability insurance. The dog owner shall not permit the dog to be outside of the secure enclosure unless the dog is muzzled, on a chain leash and under the actual control of a capable person. (D) Dogs which have exhibited Level 6 behavior shall be euthanized. (2) The department shall require that all potentially dangerous dogs be microchipped. (3) Any dangerous dog shall be immediately confiscated by the animal control officer or any law enforcement officer if the dog is knot validly registered under subsection B of this section, (2) if the owner does not secure and maintain the liability insurance coverage or bond required under subsection B of this section, (3) 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. (Ord. 2005 -69 § 1 (part), 2005). IMPOUNDMENT OF DOGS 6.20.320 Redemption of impounded animals. (1) The owner or owner's agent of any dog or other animal impounded pursuant to this chapter or Chapter 6.18 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 YMC 6.20.310. Such redemption shall be effected as provided by subsection (2) 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 -five 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 -five 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 -five 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. (D) The impound fee shall be waived the first time a dog licensed with the city of Yakima is impounded; provided, that the dog license is current and valid. (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 of a petition for a hearing with the impoundment authority. The petition shall be in the form set forth in subsection (8) of this section. _ - e - - - -' •• - . •• . _ - - . •• - - substantially as follows: IN THE MUNICIPAL COURT FOR THE CITY OF YAKIMA CITY OF YAKIMA, } Plaintiff, ] NO. ] REQUEST FOR ] ANIMAL ] IMPOUNDMENT 1H C G } (namc of owncr) ] Dof ,} (full namc), as owner or owner's agent of a (dog or animal dcccription /licence number) hereby requcct a h aring to contest its impoundment of (datc) at (placc). Grounds for contcsting thc validity of thc impoundmcnt: I undcrstand that if I fail to appctiar at thc timc sot for hctiaring, in accordancc with a noticc to be given to me by the court, judgment will be entered against me for thc amount of my promissory note payable to the City of Yakima, given in connection with this requcct for h aring, together with additional court costs. Dated (signaturc of owncr or agcnt) Addrecc 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 strays. 1 (5) Redemption of Potentially Dangerous or Dangerous Dogs. Any potentially dangerous or dangerous dog, as defined in this chapter and which is confiscated pursuant to YMC 6.20.300, shall be humanely destroyed at the conclusion ofwithin forty cight seventy -two hours, excluding weekends and holidays, after a.t& notice of confiscation is served or posted pursuant to YMC 6.20.310, unless + sthe potentially dangerous or dangerous dog's owner or the owner'sh -is agent satisfies the corresponding stipulations of ownership, if applicable, pursuant to YMC 6.20.140, and demonstrates such to the Department within the seventy -two hours, or requests a hearing as provided in this subsection that is granted by the court. The hearing shall be set within ten business days of the delivery of the request to the municipal court. Once a timely request for a hearing has been received by the court, only the court may order the dog released before the scheduled hearing. - - -- - -- - -- -- - -- -- - -- - -- - -- - - - -- - - which the city prevails, the dog shall be humanely dcctroyed. The person requesting the hearing shall be liable to the city for the sum of twenty -five 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 Ddepartment of Eeconomics Development or its designee. The petition shall be in the form set forth at subsection (8) of this section. - - - - - - - • - - - - - - •• - - - - - - - - as follows: IN THE MUNICIPAL COURT FOR THE CITY OF YAKIMA IN RE THE) CONFISCATION OF) NO. A DOG NAMED) Rcqucct for ) Confiscation Hering (owner's name) , as owner of a (full namc) rcqucct a hcaaring to contcst its confiscation. The dog is currcntly bcing hcld at the city set by the Court for h aring, the City shall humanely dcctroy the dog. (Signaturc of owncr or agcnt) 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. (7) Redemption of Pit Bull Dog. In addition to the provisions provided in this section, an owner or owner's agent redeeming a pit bull dog must sign a promise to remove the dog from the city of Yakima and provide the address to which the animal will then reside. IN THE MUNICIPAL COURT OF THE STATE OF WASHINGTON CITY OF YAKIMA 1 Petitioner, 1 NO. vs. 1 IN RE THE ANIMAL IMPOUND OF A 1 DOG NAMED CITY OF YAKIMA, Respondent. 1 1 COMES NOW (Petitioner), as owner of a (breed) dog named to request the Court calendar this matter for the following purpose: f 1 Contest the validity of the seizure; 1 Contest the dog's behavior Level as defined in YMC 6.20.130; 1 Other: The dog is currently being held at the city impound facility. I understand that if I fail to appear at the time set by the Court for the hearing, the Court shall enter an order finding the motion(s) dismissed with prejudice. Dated this day of , 20 Name: Address: Telephone: It is hereby ORDERED: f 1 This case may be set as requested; 1 This case may be set with the following amendment(s): 1 Motion is denied. Set no hearing; f 1 Other: Dated: Judge /Commissioner: - (Ord. 2009 -61 § 2, 2009: Ord. 2007 -58 § 2, 2007: Ord. 2007 -42 § 1, 2007: Ord. 2007 -11 § 5, 2007: Ord. 2005 -69 § 1 (part), 2005). REGISTRATION OF DANGEROUS DOGS 6.20.340 Dangerous dogs or potentially dangerous dogs— Registration requirements — Fee. (1) In addition to any other registration and licensing requirements provided in this chapter, it is unlawful for a person to keep any dog which has exhibitedthat engaged in Level 3, 4, 5 or 6 behavior, as described in YMC 6.20.130 and as determined by an animal control officer, law enforcement officer, or order of the municipal court, in the city without a certificate of registration issued under this section. This section shall not apply to dogs used by law enforcement officials for police work. (2) The department shall issue a certificate of registration to the owner of a dangerous or potentially dangerous dog if the owner presents to the department sufficient evidence of: (A) A proper enclosure to confine the dangerous dog and the posting of the premises with clearly visible warning signs that there is a dangerous dog on the property. In addition, the owner shall conspicuously display warning symbols that inform children of the presence of a dangerous or potentially dangerous dog; and (B) A surety bond issued by a surety insurer qualified under RCW Chapter 48.28 in a form acceptable to the department in the sum of at least two hundred fifty thousand dollars, payable to any person injured by the dangerous or potentially dangerous dog; or (C) A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under RCW Chapter 48.28 in the amount of at least two hundred fifty thousand dollars, insuring the owner against liability to any person for injuries inflicted by the dangerous or potentially dangerous dog. (3) A fee of one hundred fifty dollars shall be paid to the department by any person seeking to register a dangerous or potentially dangerous dog. (Ord. 2005 -69 § 1 (part), 2005). 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. PASSED BY THE CITY COUNCIL, signed and approved this 20 day of January, 2015. Micah Cawley, Mayor ATTEST: City Clerk Publication Date: Effective Date: