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HomeMy WebLinkAbout03/20/2018 10 Pit Bull Dogs; YMC Repealing Chapter 6.18BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 10. For Meeting of: March 20, 2018 ITEM TITLE: Ordinance repealing City of Yakima Municipal Code Chapter6.18 relating to Pit Bull Dogs SUBMITTED BY: Jeffrey R. Cutter, City Attorney Helen A. Harvey, SeniorAssistant City Attorney SUMMARY EXPLANATION: The City of Yakima currently has Chapter 6.18 entitled "Pit Bull Dogs" in the Yakima Municipal Code. YMC Section 6.18.020 entitled "Keeping of pit bull dogs prohibited" provides in part in Section A: "It is unlawful to keep, or harbor, own or in any way possess a pit bull dog within the city of Yakima. Violation of this section is a gross misdemeanor." There are a few exceptions, including if the dog is a pit bull service animal and various conditions are met. At the City Council business meeting on March 6, 2018, it was requested that an ordinance be provided for consideration at the March 20, 2018 City Council business meeting which repeals the chapter in the Municipal Code that bans pit bulls. Attached is a redlined Ordinance repealing Chapter 6.18, and another attachment with the redlined changes accepted. The Yakima Municipal Code also contains other provisions regulating animals including dogs. Yakima Municipal Code Chapter 6.20 is entitled "Animal Control". It contains provisions dealing with potentially dangerous and dangerous dogs. YMC 6.20.130 is entitled "Control of dogs" and YMC 6.20.140 is entitled "Control of potentially dangerous or dangerous dogs". YMC 6.20.440 entitled "Penalties" provides for penalties which apply to violations of YMC Chapter 6.20. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: NA Public Safety STAFF RECOMMENDATION: This is a City Council request. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Ordinance Repealing YMC 6.18 Pit Bull Dogs - strikeout 3/8/2018 Ordinance Repealing YMC 6.18 Pit Bull Dogs - with changes accepted 3/8/2018 Type Ordinance Ordinance 2 3 ORDINANCE NO. 2018 - ORDINANCE repealing City of Yakima Municipal Code Chapter 6.18 relating to Pit Bull Dogs BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 6.18 of the City of Yakima Municipal Code relating to Pit Bull Dogs is hereby repealed: Chapter 6.18 PIT BULL DOGS Sections: 6.18.010 Definitions. 6.18.020 Keeping of pit bull dogs prohibited. 6.18.025 Impounding pit bull dogs. 6.18.026 Impounding potentially dangerous pit bull dogs and pit bull dogs at large. 6.18.010 Definitions. "Pit bull dog" means any pit bull terrier. "Pit bull terrier" means any American pit bull terrier, Staffordshire bull terrier, American bulldog or American Staffordshire terrier breed of dog or any mixed breed of dog which contains as an element of its breeding the breed of American pit bull terrier, Staffordshire bull terrier, American bulldog or American Staffordshire terrier so as to be identifiable as partially of the breed Amcric^„ l terrier, Staffordshire bull terrier, American bulldog or American Staffordshire terrier. (Ord. 200'1 32 § 1, 200'1: Ord. 2001 32 § 1, 2001: Ord. 98 27 § 1, 1998: Ord. 303i1§ 1 (part), 1987). A. It is unlawful to keep, or harbor, own or in any way possess a pit bull dog within the city of Yakima. Violation of this scction is a gross misdcmcanor. Thc minimum finc for a violation of this section shall be two hundred fifty dollars for the first offensc and fivc hundred dollars for a second or subsequent offense, which fine shall not be suspended or deferred. For purposes of this section, proof of a prior violation shall not require proof B. The prohibition on possessing pit bull dogs within the city shall not apply to pit bull dogs which: (1) do not reside in the city of Yakima, (2) are brought into the city for the purposes of participating in a dog show or canine sporting event for which the owner is able to show proof of entry, (3) do not remain in the city of Yakima for a period cxcccding nincty six consccutivc hours, or (il) othcrwisc mcct thc specific conditions of an cxccption to this prohibition in accord with subsection C of this section. C. The prohibition on posscssing pit bull dogs within thc city shall not apply to thc cxtcnt applicablc in thc spccific cxccptions sct forth bclow. Thc definitions in subsection (C)(I) of this section shall apply for purposes of subsections (C)(II) through (V) of this section. 1 4 I. Definitions. (a) "Immcdiatc family," for purposcs of this chaptcr, includcs thc owncr's spouse, child, parent or sibling. (b) "Handler," for purposes of this chapter, means an individual with a disability perform tasks directly related to the individual's disability. If over the age of eighteen, the handler must also be the owner of the service dog. If under the age of eighteen, the handler's legal guardian must be the owner of the service dog. (c) "Muzzle," for purposes of this chaptcr, shall m an a restraining dcvicc madc of metal, plastic, leather, cloth or a combination of these materials that, when fitted and fastcncd ovcr a snout/mouth/hc\ad, prevents the dog from biting but allows room for the dog to breathe and pant. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal. (d) "Pit bull service animal," for purposes of this chapter, is defined as any dog that meets the definition of "pit bull dog" provided in YMC 6.18.010, and which also Therapy Animals requirements. (e) "Secure temporary cnclosurc," for purposcs of this chaptcr, is a sccurc enclosure used for purposes of transporting a pit bull and which includes a top and bottom permanently attached to the sides except for a "door" for removal of the pit bull. Such enclosure must be of such material and secured with a keyed or combination lock so that the pit bull cannot exit the enclosure on its own. (f) "Secure pen or enclosure," for the purposes of this chapter, shall mean a six sided structure designed to prevent entry of a child or escape of a pit bull. Such pen or structure must have minimum dimensions of five feet by ten feet per animal housed within and must havc sccurc chain link sidcs, a sccurcd top and a sccurc bottom. The enclosure must provide protection from the elements for the dog. All structures erected to house a pit bull must comply with all zoning and building condition. The gate of the pen or enclosure shall be secured with a keyed or combination lock. (g) DNA Testing. DNA (deoxyribonucleic acid) is the genetic blueprint that contains most of the genetic instructions for every canine's body makeup (height, e. ■, . - 11 nucleotide polymorphisms marker locations (genetic markers) that may detect thc breed, type and variety of a dog and may show the ancestral breed composition of a particular dog. (h) DNA Test Evidence. An owner may, at the owner's expense, submit a DNA of a dog. Such test should look for the genetic markers for the following breeds: .._ 2 5 In order to be considered a pit bull, the DNA testing must demonstrate a genetic blueprint in excess of fifty percent of pit bull. Thc DNA test results shall constitute c✓idence which the court may consider in establishing that a dog is other than a breed banned by this section. DNA testing results shall override any subjcctivc evidence including observational findings to thc contrary. If an owncr indicates to a judge that a DNA test will be performed, the court may issue appropriate orders as to the release of the dog with any additional conditions that the court believes will minimize any danger to the community during the pendency of the testing and obtaining the results. II. Exceptions. The pit bull prohibition stated in subsection A of this section shall not apply to pit bull service animals and pit bull dogs within the city under the following circumstances. The failure of a person in possession of a pit bull dog within the city ander the following exccptions to comply and remain in compliancc with all of thc following terms and conditions of this cxccption may subject thc pit bull to immediate impoundment and disposition. (a) An owncr of any pit bull used as a service animal within thc city of Yakima shall apply for a pit bull service animal license from the city licensing department. Pit bull service animal licenses shall be subject to approval by thc city codc administration manager and to all provisions of this cxccption. Thc owncr of a qualifying pit bull who has applied for and received a pit bull service animal license in accord with the terms of this section and who maintains the pit bull service animal at all timcs in compliancc with thc pit bull service animal license requirements of subsection (C)(III) of this section may keep a pit bull service animal within the city. (b) The animal control division may temporarily transport and harbor any pit bull for purposes of enforcing the provisions of this chapter. (c) Any veterinarian while treating or grooming a pit bull, or holding such pit bull after treatment until claimed by thc owner or released to an animal care officer. (d) The owner/handler of a pit bull service animal who has applied for and received a pit bull service animal license in accordance with subsection (C)(III) of this service animal license requirements of subsection (C)(III) of this section, together with all other applicable requirements of this chapter, may keep a pit bull service animal within thc city. If a city animal control officcr or othcr authorized city codc bull not licensed pursuant to this section and the owner/handler asserts that his or her dog is a service animal, the owner/handler shall be informed of this section and instructed to obtain a pit bull license pursuant to subsection (C)(III) of this section within seventy-two hours of the initial contact. Failure to obtain a pit bull license within the permitted period of time after receiving said advisement shall result in impoundment of the dog pursuant to subsection (C)(IV) of this section. (e) A nonresident owner/handler may temporarily transport into and hold in thc city a pit bull that is the owner/handler's service animal for a period not exceeding the pit bull muzzled and securely leashed with a leash sufficient to control the dog, no longer than four fect in length and held by thc owncr/handler who requires thc 3 6 use of the service animal. In thc cvcnt thc handlcr, bccaucc of a disability, is not ablc to use a muzzle or leash no longer than four feet in length, or in the event the use of animal's safc, cffcctivc performancc of its service work or tasks, the service animal must be otherwise under the handler's absolute control at all times. received a pit bull servicc animal liccnsc shall be allowcd to kccp said pit bull within thc time of application, comply with or otherwise providc cufficicnt cvidcncc to dcmonctratc following regulations: (a) The owncr of thc pit bull service animal shall provide proof of a current rabics vaccination. (b) The owner of the pit bull service animal shall maintain unintcrruptcd liccnsc currency. The pit bull service animal license is not transferable or renewable except by the licensee or by a member of the immediate family of the licensee. A pit bull service animal license tag shall be issued to the owner at the time the license is issued. The license tag shall be attached to the pit bull scrvicc animal by mens of a remain clearly visible and shall not be attached to any pit bull other than the pit bull service animal for which thc liccnsc was iccucd. A pit bull scrvicc animal liccnsc shall only be issued by the licensing department if all provisions of subscctions (C)(III)(c), (d) and (e) have been met. (c) The owner must be at least eighteen years of age. spayed or neutered and shall present to the city code administration managcr or his been performed. (e) The owner shall, at the owner's expense, have a microchip containing an 1'I - -- 1 shall provide proof of such registration to the animal control division and the licensing department. The licensing department shall maintain a file containing the registration numbers and names of the pit bull service animals and the names and addresses of the owners. The owner shall immediately notify the licensing department of any change of address. (f) Except as stated below and at all times when a pit bull service animal is at pit bull service animals shall be confined in a locked, secure enclosure, as defined in this section, or kept within the rear yard of the owner's property, said rear yard enclosed by a six foot fence maintained in a manner to prevent the pit bull servicc animal from Icaving thc back yard without the owner's accompaniment. When away from the owner's property, the pit bull service animal shall be accompanicd by its owner/handler or an adult at least eighteen years of age at all times. 4 7 (g) At all times when a pit bull scrvicc animal is away from thc property of thc owner, the owner shall keep the pit bull service animal muzzled and eithcr in a secure temporary enclosure or securely leashed with a leash no longer than four feet in length held by someone eighteen years of age or older who is capable of effectively controlling thc dog. Extension style Icoachcs may not bc used. Lctiashcs may not be attached to inanimate objects. In thc event thc handler, beca.>e-of-a disability, is not able to use a leash equal to or Icsc than four fcct in Icngth, or in thc event thc use of a muzzle or a leach no longer than four fcct in Icngth would intcrfcrc with the service animal's safe, effective performance of work or tasks, thc service animal must remain under the handler's complete control a+ ^'es from the owner's property, thc manner of control to bc fully described to thc code cnforccmcnt and animal control officcr at the time of licensing. This regulation and the means for controlling the pit bull may be modified for service animals by the codc administration manager or designee as determined necescary and reasonable. Any such modification of the means of control set forth herein shall be memorialized in the licensing documentation upon issuance of said license. (h) The owner shall not sell or otherwise transfer the pit bull service animal to any person residing within the city. (i) The owner shall immediately notify the animal control division in the event threatened, or in any way menaced another animal or human, or has died. (j) No person applying for a pit bull service animal license shall be granted a breeder's permit for such pit bull service animal. (k) Failure to comply with any of these conditions shall result in a revocation of the license, impoundment and disposition pursuant to subsection (C)(IV) of this section. IV. Impoundment. The animal control division is authorized to immediately impound cxccption stated within this section, subject to all of thc procedures and processes set forth in YMC 6.18.025, 6.18.026 and 6.20.300 through 6.20.330. If the dog is found not sole expense, or if the dog is determined to bc a service animal, thc dog shall be released to the owner, subject to full compliance with every requirement of this chapter. Notwithstanding a finding that the dog is not a pit bull or a finding that the dog is a V. Penalty. Any person violating this section relating to exceptions to pit bull prohibitions within the city shall be punished by a civil infraction with a penalty of two hundred fifty dollars upon conviction, subject to the following specific penalties: 5 8 Cade Class PenaltyCharge 6.18.020(C) Misdemeanor Standard Confinement (II Required 6.18.020(C) G. Misd. Standard Prohibition of (-){h) Transfer 6.18.020(C) G. Misd. Standard Notification (III)(i) Requirements (Ord. 201'1 013 § 1, 2011: Ord. 201'1 008 § 1, 2011: Ord. 2001 32 § 2, 2001: Ord. 303'1 § 1 (part), 1987). A. Whenever a pit bull dog is found within thc city of Yakima, thc owncr shall bo notified in writing of the prohibitions contained in this chapter and of the procedure required to redeem thc animal. Such noticc shall be served upon thc owncr or, if thc owner is not present, upon any person of suitable age and discretion residing at owner's residence. Whenever a pit bull dog is found within thc city of Yakima, thc animal may bo impounded pursuant to Chapter 6.20. B. If the pit bull dog is not immediately impoundcd pursuant to Chaptcr 6.20, thc owner must permanently remove the pit bull dog from the city of Yakima within forty cight hours of i:..uancc of thc noticc rcquircd by this scction. Failure to remove a pit bull dog within forty eight hours of such notice shall result in the immediate impoundment of the animal. Whenever any pit bull dog is found within the city of Yakima and the owner has previously had thc noticc rcquircd by this section, thc dog shall immediately bo taken up and impounded by such officer charged with the enforcement of this chapter. Pit bull dogs impounded under this subsection may be redeemed or adopted pursuant to the provisions of YMC 6.20.320. (Ord. 2007 11 § 1, 2007: Ord. 200'1 32 § 2, 200'1: Ord. 2001 32 § 3, 2001: Ord. 98 27 § 2, 1998). running at large in the city of Yakima which is not in the possession or control of its officer or Yakima police officer. Any pit bull dog which is a dangerous dog or potentially dangerous dog as those terms are defined in Chapter 6.20 of this code shall be handled pursuant to the provisions of Chapter 6.20 of the Yakima Municipal Code. (Ord. 2007 11 § 2, 2007: Ord. 2001 32 § 5, 2001: Ord. 98 27 § 3, 1998). 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. 6 9 PASSED BY THE CITY COUNCIL, signed and approved this 20th day of March, 2018. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: 7 10 ORDINANCE NO. 2018 - ORDINANCE repealing City of Yakima Municipal Code Chapter 6.18 relating to Pit Bull Dogs BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 6.18 of the City of Yakima Municipal Code relating to Pit Bull Dogs is hereby repealed. 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 20th day of March, 2018. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: 1 Pit Bull Ordinance Distributed at the Meeting 4,)0110U Dogs have personalities, are loyal, can be good companions, and can inspire love. But they are not human beings. They are not protected from discrimination on the basis of race or breed. There is not an equal protection right for dog owners, which protects them from discrimination on the basis of the dogs they own. As council members, we have been reading news of dog fights, dog attacks, and statistics on dog attack injuries. We have been reading passionate letters from dog owners who have had good relationships with pitbull type dogs. We have also received passionate letters from citizens who regard pitbull type dogs as threatening. I think that the public has strong feelings on these issues and I would like to see the decision on a pitbull ordinance referred to the voters. As a physician, I have a long-term interest in injuries, trauma, and public safety. Clearly, a pitbull specific ordinance will not eliminate all dog bites, because all dogs can bite. A lot of the potential for danger is related to the size of the dog. But it is children who are disproportionately injured by dog attacks. Consequently, if the dog outweighs the baby, the dog has potential for lethal violence. With regard to judging child safety risk: Prior to the year 2000, children in the US were vaccinated against paralytic polio with the oral Sabin vaccine. (The vaccine on the sugar cubes). That vaccine caused an average of eight cases of vaccine associated paralytic polio per year, in the entire nation. Consequently, the entire vaccine program, was switched over to killed vaccine. Now infants and toddlers get shots, and vaccine associated paralytic polio is eliminated. Dog attacks kill more than 8 children annually. It is a measure of our societal values that we do not make the same effort to eliminate this threat. However, these are societal values and the voters can decide. Our current pitbull ban is not perfect protection.. Fortunately, we do have a separate ordinance which considers aggressive behavior and past bites. I would also like to see an ordinance that considers the size the dog and requires liability insurance. Pit bull owners should recognize that insurance is expensive and that insurance carriers may legally discriminate. I would like to see a referendum on the November ballot to consider replacing the current ordinance with a new ordinance, which does not need to be breed -specific. But I will vote against repeal of the current ordinance. Kay Funk Yakima City Council, District 4 March 20, 2018