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HomeMy WebLinkAbout1961-225 IF ( ORDINANCE NO. , AN ORDINANCE relating to the keeping and control of animals and fowl; prohibiting the running at large; providing for the im- pounding, redemption, destruction or sale of animal; defining certain nuisances; defining offenses; pre-eribipg p4nalt,p.es; repealing Ordinance No A-160; A-459; A-467; A-1029; B-2057 as amended by 209; Sub-Section 45 of Sec- timi 1 and Section 4 of A-236 as amended; Sub-Section 0 of Section 1 of B-86; and all other ordinances or part of ordinances in conflict herewith; saving certain offenses; and declaring an emergency. BE IT ORDAINED BY THE CITY OF YAKIMA: SectiOnlD ANIMALS RUNNIT AT LARGE. It shall be unlawful for any domestic animal of any kind or any fowl to run at large, during any hour of the day or night within the City of Yakima on any street alley, sidewalk, way, boulevard, park public playground or school- ground or in any public place or building. Any animal so 11 1 straying" entering or trespassing upon such property is hereby de- clared to be a nuisance and shall be immediately seized and impounded as herein providedo Section 2. FEMALE CAT AT LARGE IN HEAT, It shall be unlawful for any owner to permit a female cat to run at large while in heat, and any such female cat so running at large during such period is declared to be a nuisance and shall immediately be seized and impounded as herein provided. Section 5. HARBORING VICIOUS ANIMALS. It shall be unlawful for any person to keep, harbor or maintain on or off his premises in a manner liable to endanger the pafety of persons or property lawfully upon said premises, or upon any public way or place immediately ad- , joining said premises any vicious, menacing or dangerous dog or • other animal, Any such animal is hereby declared to be a nuisance. It shall be the duty of all police officers of the City of Yakima or -1- LN r 2 . the Animal Control Officer to kill or otherwise destroy any and all 07 • vicious or dangerous dogs found within the City of Yakima. Upon the -4 - trial of any person charged with violating this section the Police Judge. as a part of the penalty imposed shall have the authority to and may in his discretion order that any dog or other animal found to be vicious or dangerous to persons or property as in this section provided be killed or otherwise disposed of, and the cost thereof shall be taxed as a part of and collected in the same manner as othr costs in the case. Section 4. HOWLING AND BARKING. It shall be unlawful for any /----, person in the City of Yakima to keep or harbor any dog or other animal which by frequent or habitual howling yelping, barking or making of other noises shall annoy or disturb a neighborhood. Any such . dog or animal is hereby declared to be a nuisance and may be seized and im.- III pounded as herein provided. For the purposes of this section e no action may be taken for a violation hereof except upon the written complaint of at least three persons residing in separate residences within the immediate neighborhood. Section 5. INJURY TO PROPERTY. It shall be unlawful for any person owning or having the control of any dog or other animal to permit the same to trespass upon private or public property so as to damage or destroy any property or thing of value. and any such dog or animal is hereby declared to be a nuisance and may be seized and im . pounded as herein provided. Section 6. JUMPING AND BARKING AT PEDESTRIANS. It shall be unlawful for any person to keep or harbor any dog or animal that 410 frequently or habitually snarls and growls at or snaps or jumps upon or threatens persons lawfully upon the public sidewalk streets alleys or public places of the City of Yakima. and the same is hereby , -2- declared to be a nuisance, and any such dog or other animal may be • seized or impounded as herein provided. Section 7. KEEPING IN NAUSEOUS MANNER. It shall be unlawful for any person to keep, harbor or maintain any animal or fowl or any pen, kennel, yard, enclosure or building in which animals or fowl are kept, in the City of Yakima in such a manner as to be nausous, foul or offensive, and any such animal or fowl or condition or manner of maintenance is hereby declared to be a nuisance. Section 8. INTERFERENCE WITH IMPOUNDING, It shall be unlawful for any person to interferewith, hinder, delay or impede any officer in the enforcement of the provisions of this ordinance as herein pro vided. Section 2. IMPOUNDING. All animals or fowl impounded under the provisions of this ordinance and Ordinance No. —2' shall be taken 111 up and delivered to the pound operated by or under the authority of the City of Yakima. All such animals and fowl shall be properly cared for while so confined. Section 10. NOTICE OF IMPOUNDING. Upon any dog or other animal being impounded, the impounding authority shall as soon as feasibl notify the owner, if known, of the impounding of such dog or other animal and the terms upon which said dog or other animal can be deemed, If the owner of said dog or other animal so impounded is unknown, then said impounding authority shall post a notice containing a description of the dog or animal at the pound and at two othr pub- lic places in the City of Yakima. Section 11. REDEMPTION OF DOGS. The owner of any dog impounded for running at large or for being unlicensed may redeem the same within 48 hours after receiving notice of the impounding or the posting of the notice as hereinabove provided upon the payment to the impounding authority of an impounding fee of $3.00, together with any unpaid 0 license fee for a dog. If such dog is'not redeemed by the owner within such period of 48 hours, then any person may redeem the same by com- plying with the above provisions, or, within the discretion of the impounding authority, such dog may be humanely destroyed or otherwis disposed of An additional charge of not to exceed $1.00 per day may be imposed for the time that such dog is kept at the pound after im- pounding. Section 12. REDEMPTION OF OTHER ANIMALS. Other animals impounded may be redeemed by the owner thereof within 48 hours after the r- ceiving of notice of impounding or the posting of notice, as herein- above provided, upon the payment of an impounding fee, together with such charges as may be imposed for caring for and feeding such animals. In the of smaller animals not requiring special equipment for transporting the same to the pound, the impounding fee shall be $3.00 and a charge of not less than $1.00 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 .r panel delivery truck), the impounding fee shall be the sum of $10,00 and an additional charge of not less than $1.00 per day shall be mad , :. for the caring for and feeding of such animals. If such animal is not redeemed within 48 hours after such notice, as hereinabove provided, then such animal may be redeemed by any person upon the payment of the impounding fees and charges hereinabove provided; provided, how- _ . . ever, that within the discretion of the impounding authority, such • animal may be humanely destroyed or otherwise disposed of and pro. vided further, that in the case of any horse, mule, cattle, hog or other stock animals that may be impounded when running at large within -4- the City of Yakima, the impounding authority shall follow the pro- cedure 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. stsualx. INJURED OR DISEASED ANIMALS. Any dog or other animal suffering from serious injury or disease may be humanly destroyed by the impounding authority. Section 14, VIOLATIONS PENALTY. Any person violating any of the provisions of this ordinance or who shall create, keep or maintain any nuisance as herein defined, shall upon conviction thereof, be deemed guilty of a misdemeanor and punished by a fine of not to exceed $300.00 or by imprisonment in the'City Jail for a period not to IreeTd . • i • 90 days, or by both such fine and mprisonment. alsum12. VIOLATIONS -- ABATEMENT. Any persons violating any of the provisions of this ordinance in the keeping or maintaining of any nuisance as herein defined shall, in addition to the fine or imprisonment, or both, hereinabove provided for, by order of the Court in such action be ordered to forthwith abate and remove such nuisance, and if the same is not done by such offender within 24 hours there aftere the same shall'be abated and removed under the direction of the officer authorized by the order of said Court e which said ord of ab6 shall be entered upon the docket of said Court and made" a pgrf Of the judgment in said action. Any such person shall be liable for all costs and expenses of abating the same when such nuisance has been abated by an officer of the City of Yakima. Section 16. SEVERABILITY. If any sectien, subsection t sub- division, sentence clause or phrase of this ordinance is adjudged • invalid for any reason, then. such adjudication shall not affect th. validity of the remaining portions of this ordinance. t Section 17. REPEAL -- SAVING CLAUSE, Ordinance Nos. A-160; 111 A-459; A-467; A-1029; B-2057 as amended by 209; Sub-Section 45 f Section 1 and Section 4 of A-236 as amended; Sub-Section 0 of Sec. tion 1 of B-86; and all other ordinances or parts of ordinances in conflict herewith are hereby repealed; provided, however that the repeal of said ordinances shall not be construed as abating any actions, rights of actions or penalties thereunder or as waiving any right of the City of Yakima under any section or provision thereof existing at the time of the passage of this ordinance. Section 18. EMERGENCY CLAUSE. This ordinance is one to provide for the immediate preservation of the public peace, property, health and safety of the people of the City of Yakima, and an emergency is hereby declared to exist, and this ordinance shall be in full force and effect immediately upon its passage, approval and publication a: III provided by law and by the City Charter. PASSED BY THE CITY COUNCIL signed and approved this 8th day of March 1961. Mayor ATTEST: y er 411 -6-