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7-3-18 PSC agenda packet Council Public Safety Committee 2nd Floor Conference Room City Hall July 3, 2018 3:00 p.m. Members: Staff: Others: Councilmember D. Gutierrez (chair) City Manager Cliff Moore Councilmember Cousens Asst. City Manager Ana Cortez Councilmember Funk Police Chief Dominic Rizzi Councilmember White (alternate) City Prosecutor Cynthia Martinez Brad Coughenour Scott Schafer Agenda 1) Approval of May 24, 2018 minutes 2) Department Reports a) Fire Department i) Data on misuse of Text to 911 system – Coughenour b) Police Department i) Community policing report - Rizzi c) Legal Department d) Public Works i) Safe Routes to Elementary Schools report - Schafer ii) Consideration of Integration Committee recommendations on traffic calming - Schafer e) Codes i) Proposed amendment to YMC 11.10.600 - Watkins f) Yakima County Emergency Management 3) New Business a) Executive session to discuss pending litigation 4) Other Business a) Review community forum report and provide direction to staff on how to utilize information - Cortez 5) Information items a) Pit Bull ordinance b) Dangerous dog ordinance 6) Recap of future agenda items 7) Audience Participation 8) Adjournment Council Public Safety Committee 2nd Floor Conference Room City Hall April 26, 2018 3:00 p.m. Members: Staff: Others: Councilmember Gutiérrez Councilmember White (alt) Cliff Moore, City Manager Ana Cortez, Assistant City Manager Dominic Rizzi, Police Chief Aaron Markham, Deputy Fire Chief Cynthia Martinez, City Prosecutor Executive Minutes Gutiérrez called the meeting to order. 1. Approval of April 26, 2018 minutes The April 26, 2018 meeting minutes were reviewed. White motioned to accept the minutes as presented and Gutierrez seconded the motion. The minutes were approved unanimously. 2. New Business a. Update of gang conference Gutierrez provided an update from the gang conference she attended and had conference materials she would like to share with the full council. The items will be placed on the full council agenda for June 5, 2018 under Council Reports. 3. Old Business a. Domestic violence i. Legislative action Martinez did not have anything new to report. b. Forum wrap up Gutierrez would like to send the final report to the full council on June 5, 2018 under committee reports. There were still some notes and recordings that need to be obtained to finalize the report. Moore and Cortez will work on finalizing the report. 4. Other business a. Strategic meeting The issues identified in the strategic meeting that will be the priorities for the Public Safety Committee were discussed. Safe Routes to Schools and Community Policing will be standing items on the Public Safety Committee agenda. A new agenda format was discussed. b. Enforcement of camping ban There was discussion of how to implement the enforcement of the camping ban. Due to the increasing safety and sanitation concerns rising from violations of the camping ban, a task force consisting of city staff and community organizations has been formed to contact groups that are camping illegally. Violators will be contacted and given an opportunity to go to a shelter. Should they refuse to go to a shelter when there is space available, they can be arrested. Provisions have been made for storage of their property. c. Update on Governor’s Proviso funding for gang prevention Cortez updated the committee on the formal application that outlined the proposed program structure that had been submitted. There was discussion regarding the structure of committees and how this plan would be different from the Gang Free Initiative. Gutierrez advised she would like to have the topic discussed among the full council. d. Arson update The committee inquired why the recent arsons have been concentrated in one area. Markham advised the Fire Department is tracking the fires, but they are not all consistent. There was discussion regarding a disproportionate number of abandoned buildings in the targeted area. 5. Information items Nothing for the group. 6. Recap of future agenda items Rizzi proposed that the committee chair meet with him as the staff representative for the committee to finalize future agendas. 7. Audience participation No audience participation. 8. Adjournment The next meeting is scheduled for June 28, 2018 at 3:00 in the 2nd Floor Conference Room. Dulce Gutiérrez, Chair City of Yakima Police Department Memorandum Date: June 28, 2018 To: Council Public Safety Committee and City Manager, Cliff Moore From: Dominic Rizzi, Chief of Police Subject: Community Policing update The Yakima Police Department places great importance on Community Policing. Throughout May and June, many staff members have contributed their time and talents to community outreach. Here is a brief overview of our community events:  In June, several employees spoke to the YV Tech Law Enforcement class on the topics of public information, forensic evidence, and police recruiting.  Every other Monday, one of our Spanish speaking officers is interviewed on Bustos Media radio stations (KZTA, Radio LaGranD, and KMNA Radio).  Video interviews were done with El Sol de Yakima regarding the Community Academy and testing to become a police officer.  Safety presentations were given to two preschools in May and June.  Three car safety presentations were given in June.  Detectives Kevin Lee and Matt Lee gave a presentation on fraud prevention at Yakima Covenant Church.  The Department’s first Roll Call in the Park of the year was held on June 12 at the Henry Beauchamp Community Center Park. Residents of the neighborhood were able to interact with police officers and ask questions as the officers prepared to start their shift.  YPD representatives were present at the MADD Salute Our Heroes event at Sarge Hubbard Park on June 23 to discuss impaired driving.  K9 officers made a presentation at the 9K4K9 fundraiser on May 20.  Bicycle patrols have begun in the downtown area. Bicycle officers are out most days of the week and are also present at the Yakima Downtown Farmer’s Market.  Foot patrol officer are out in the downtown core during First Fridays and other special events.  Captain Gary Jones, Captain Jay Seely, and I gave a presentation on 21st Century Policing at the AWC Conference in Yakima on June 27. 200 S. 3rd Street Yakima,Washington 98901 Telephone (509) 575-6200 Fax (509) 575-6007 Dominic Rizzi Jr, Chief of Police In the month of July, we have two Roll Call Cookouts scheduled. The first will be July 10th and second will be July 25th. We invite council members to attend any police events. If you would like additional information about upcoming events, please contact my assistant, Terri Croft, at 575-6178. Upcoming events can also be found on the Yakima Police Department Facebook page. ________________________________ Dominic Rizzi, Chief of Police 1 M E M O R A N D U M TO: Public Safety Committee FROM: Sara Watkins, Senior Assistant City Attorney DATE: May 24, 2018 SUBJ: Proposed Amendment to YMC 11.10.600 _______________   Councilmembers: The Washington State Legislature passed a statute that states specifically that special assessment liens against property that are levied due to nuisance abatement are “of equal rank with state, county, and municipal taxes” up to $2,000.00. This means that the lien takes priority over every other lien, including mortgages and liens filed earlier in time, and cannot be erased by the sale of the property at a foreclosure or tax sale (up to $2,000.00). These liens are currently levied against properties under the City’s Neighborhood Conservation ordinance, YMC 11.10. This ordinance is the one that allows the codes division to secure houses that are vacant, take down unsafe structures, clean up lots full of weeds, and address other nuisance activities. Costs for removal of weeds or structures incurred by the City ultimately result in liens on the property. Most of the cases have fees and costs of approximately $2,000.00, although some are more. YMC 11.10.600 already addresses this, although it does not cite to the statute. It currently states as follows:   11.10.600 Assessment and lien on the real property. The amount of the costs incurred by the city to abate illegal conditions pursuant to this chapter, including, but not limited to, the administrative fees established in this chapter, costs of title reports or guarantees, costs of abatement, or any other costs or fees listed in this chapter, shall be charged against the owner of the subject property and shall be specially assessed and shall constitute a lien against the subject property unless such amounts are timely paid after notice or invoice. The director of finance, or his/her designee, shall certify to the county treasurer any such unpaid costs to correct illegal conditions as a special assessment due and owing after they become due and prior to any lien being recorded with the county auditor. Pursuant to RCW 35.80.030, the county treasurer 2 shall enter the amount of such special assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.02, as now or hereafter amended, for delinquent taxes, and when collected to be deposited to the credit of the general fund of the city. If the dwelling, building, structure, or premises is removed by the city, the city shall, if possible, sell the materials of such dwelling, building, structure, or premises, and shall credit the proceeds of such sale against the cost of the removal and if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the board, after deducting the city’s costs and administrative fees incident thereto. The assessment shall constitute a lien against the property that shall be of equal rank with state, county and municipal taxes. We are asking the Council to amend the section to clarify, pursuant to the statute, that up to $2,000.00 of the recorded lien is of equal rank with state, county, and municipal taxes, and that the City may contract with the county treasurer to collect the special assessment in accordance with RCW 84.56.035 and RCW 35.21.955. This wording would replace the last sentence of the ordinance. Such a change would be helpful to clarify the City’s ordinance and specifically reference the statute providing priority status for special assessments for nuisance abatement. The proposed ordinance, in redline, as well as the state statute, is attached for your reference. 3 11.10.600 Assessment and lien on the real property. The amount of the costs incurred by the city to abate illegal conditions pursuant to this chapter, including, but not limited to, the administrative fees established in this chapter, costs of title reports or guarantees, costs of abatement, or any other costs or fees listed in this chapter, shall be charged against the owner of the subject property and shall be specially assessed and shall constitute a lien against the subject property unless such amounts are timely paid after notice or invoice. The director of finance, or his/her designee, shall certify to the county treasurer any such unpaid costs to correct illegal conditions as a special assessment due and owing after they become due and prior to any lien being recorded with the county auditor. Pursuant to RCW 35.80.030, the county treasurer shall enter the amount of such special assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.02, as now or hereafter amended, for delinquent taxes, and when collected to be deposited to the credit of the general fund of the city. If the dwelling, building, structure, or premises is removed by the city, the city shall, if possible, sell the materials of such dwelling, building, structure, or premises, and shall credit the proceeds of such sale against the cost of the removal and if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the board, after deducting the city’s costs and administrative fees incident thereto. The assessment shall constitute a lien against the property that shall be of equal rank with state, county and municipal taxes, as allowed by RCW 35.21.955 or any other applicable statute, law or regulation. 4 RCW 35.21.955 Nuisance abatement—Special assessment—Notice requirements. (1) A city or town that exercises its authority under chapter 7.48 RCW, RCW35.22.280, 35.23.440, or 35.27.410, or other applicable law to abate a nuisance which threatens health or safety must provide prior notice to the property owner that abatement is pending and a special assessment may be levied on the property for the expense of abatement. Such special assessment authority is supplemental to any existing authority of a city or town to levy an assessment or obtain a lien for costs of abatement. The notice must be sent by regular mail. (2) A city or town that exercises its authority under chapter 7.48 RCW, RCW35.22.280, 35.23.440, or 35.27.410, or other applicable law to declare a nuisance, abate a nuisance, or impose fines or costs upon persons who create, continue, or maintain a nuisance may levy a special assessment on the land or premises where the nuisance is situated to reimburse the city or town for the expense of abatement. A city or town must, before levying a special assessment, notify the property owner and any identifiable mortgage holder that a special assessment will be levied on the property and provide the estimated amount of the special assessment. The notice must be sent by regular mail. (3) The special assessment authorized by this section constitutes a lien against the property, and is binding upon successors in title only from the date the lien is recorded in the county where the affected real property is located. Up to two thousand dollars of the recorded lien is of equal rank with state, county, and municipal taxes. (4) A city or town levying a special assessment under this section may contract with the county treasurer to collect the special assessment in accordance with RCW 84.56.035. [ 2016 c 100 § 1.] Page 1 of 48    CITY OF YAKIMA NEIGHBORHOOD FORUMS ON PUBLIC SAFETY Discussing neighborhood safety across the city of Yakima. June 2017 through March 2018 Summary report drafted by Council-member Dulce Gutiérrez Page 2 of 48    Table of Contents 1. Overview Page 3 2. Agenda of Neighborhood Forums Page 4 3. List of 10 Neighborhood Forums Page 5 4. Mapping of Neighborhood Forums (Staff) Page 6 5. Reports of each Neighborhood Forum Page 7 a. Cross intersection of 8th St. & “D” St. Page 8 b. St. Michael’s Episcopal Mission Page 11 c. Garfield Elementary School Page 13 d. Henry Beauchamp Community Center Page 16 e. Robertson Elementary School Page 19 f. McClure Elementary School Page 22 g. Lewis & Clark Middle School Page 24 h. Franklin Middle School Page 27 i. Washington Middle School Page 29 j. Wesley United Methodist Church Page 32 6. Limitations of Neighborhood Forums on Public Safety Page 35 7. Full Compilation of Resident Input Page 36 Page 3 of 48    Overview In spring of 2017, after a string of strong armed robberies and gang related shootings within the city of Yakima, public concern about safety and security was wide spread throughout the city. During this time of great public distress, a request was made by a group of residents to have the City of Yakima host a community discussion on neighborhood safety on 8th street, an area of the city heavily impacted by violent crime. The Yakima City Council responded to the residents’ request by hosting a neighborhood forum on the cross intersection of 8th street and “D” street to gather neighbors and talk about talk about a wide spectrum or public safety issues. The City of Yakima had two objectives while hosting each neighborhood forum on public safety: (a) inform neighborhood residents of various ways to report and reduce crime, and (b) learn about common neighborhood needs and unique neighborhood needs. In order to obtain as much input from participating residents, the Yakima City Council-members asked residents at the neighborhood forums 7 questions recommended by a violence prevention advocacy agency named Southern Crossroads California. In addition, 3 questions were added to measure level of closeness amongst neighbors and assess interest in block-watch type programs. The first neighborhood forum was well attended by residents of the neighborhood, and also included residents from different neighborhoods. The forum also produced a high volume of resident feedback. Proving to be effective and cost efficient, the Yakima City Council decided to host multiple neighborhood forums to discuss public safety in different neighborhoods across the city. All residents who wished to request a neighborhood forum on public safety in their neighborhood were encouraged to do so. The Yakima City Council committed to fulfilling 10 requests for neighborhood forums. Each neighborhood forum was requested by a Yakima resident and/or Council-member. The option to hold a neighborhood forum in Spanish was made available to all residents who requested a neighborhood forum. Bilingual police officers were also made available for all neighborhood forums with Spanish speaking residents. Questions, concerns and comments shared by Yakima residents throughout the neighborhood forums were documented and summarized into this report. Nearly 200 unique residents participated during the process (only a handful of residents attended more than 1 forum). This report may be utilized as a reference tool or guide for understanding neighborhood needs, addressing concerns and planning out strategies for crime prevention and violence prevention. Page 4 of 48    Agenda of Neighborhood Forums Each 1 of the 10 neighborhood forums included the following agenda: Welcome and Introduction – Facilitated by councilmember(s) a. Welcomes attendees b. Introduces staff at forum c. Explain the forum format for section 1, 2, and 3 Section 1 - How to Report Crime -- Staff a. Process of reporting a crime for witnesses and victims b. Policy regarding inquiries about citizenship status for witnesses and victims c. How to report crimes using Crime Stoppers, 911 Text and YakBack Section 2 - Neighborhood Patrolling -- Staff a. How the YPD generally patrols residential areas b. Resource limitations, volume of crime and prioritization c. Community policing and participation improve public safety Section 3 - Crime Prevention – Facilitated by councilmember(s) a. Questions and Answers for attendees i. Do you recognize any of your neighbors here today? ii. Do you think it would be useful to know your neighbors' name and/or phone number? iii. What is most important for the safety of this neighborhood? iv. What challenges do we face in reducing violence? v. What positive things do we have as a neighborhood that can help reduce violence? vi. As neighbors, what do we need in order to keep violence and crime down? vii. Would "Street Captains" be helpful for fearful witnesses who wish to report crime? viii. What are short term needs? ix. What are long term needs? x. What else needs to be addressed for public safety? ----------------------------------------------------------------------- Additional Notes:  Section 1 and Section 2 were presented by City of Yakima law enforcement officials. Residents were encouraged to ask questions during these sections. Each bullet point in Section 1 and Section 2 represents a question asked by a resident.  Section 3 was facilitated by City of Yakima Council members. Residents were encouraged to answer questions and share comments, experiences and/or concerns. Each bullet point in Section 3 represents input stated by a resident.  Spanish/English translation was provided at each forum upon request. Page 5 of 48    List of 10 Neighborhood Forums 1. Cross intersection of north 8th street & east “D” street - public/outdoor 06-17-2017; primarily in Spanish 2. St. Michael’s Episcopal Mission - 5 S. Naches Ave 10-14-2017; English 3. Garfield Elementary School - 612 N. 6th Ave 10-25-2017; primarily in English 4. Henry Beauchamp Community Center - 1211 S. 7th Street 11-15-2017; primarily in English 5. Robertson Elementary School - 2807 W. Lincoln Ave 12-06-2017; English 6. McClure Elementary School - 1222 S. 22nd Ave 02-21-2018; English 7. Lewis & Clark Middle School - 1114 W. Pierce Street 02-22-2018; primarily in English 8. Franklin Middle School - 410 S. 19th Ave 02-24-2018; English 9. Washington Middle School - 510 S. 9th Street 02-27-2018; primarily in Spanish 10. Wesley United Methodist Church - 14 N. 48th Ave 03-07-2018; English Page 6 of 48    Mapping of Neighborhood Forums This page is left blank intentionally for Staff to insert map. Page 7 of 48    Reports of each Neighborhood Forum on Public Safety Page 8 of 48    City of Yakima Public Safety Neighborhood Forum #1 Location: Cross intersection of north 8th street and "D" street (outdoor forum) Date/Time: Saturday, June 17, 2017 @ 4:00pm Language: Spanish with English translation Staff: Cliff Moore, City Manager; Cynthia Martinez, City Prosecutor; Sergeant Uriel Mendoza, Yakima Police Department; Council-members: Dulce Gutiérrez, Carmen Méndez Public Attendance: 50 NEIGHBORHOOD FORUM Welcome and Intro – Councilmember Gutiérrez a. Welcomes attendees b. Introduces staff at forum c. Explain the forum format for section 1, 2, and 3 Section 1 - How to Report Crime -- Staff a. Process of reporting a crime for witnesses and victims b. Policy regarding inquiries about citizenship status for witnesses and victims c. How to report crimes using Crime Stoppers, 911 Text and YakBack Section 2 - Neighborhood Patrolling -- Staff a. How the YPD generally patrols residential areas b. Resource limitations, volume of crime and prioritization c. Community policing and participation improve public safety Section 3 - Crime Prevention -- Councilmember Gutiérrez a. Questions and Answers for attendees 1.) Do you recognize any of your neighbors here today? (Attendees asked to raise their hand)  Yes. 2.) Do you think it would be useful to know your neighbors' name and/or phone number? (If yes: attendees invited to contact D. Gutierrez for a coordinated list)  Yes Page 9 of 48    3.) What is most important for the safety of this neighborhood?  The safety of our children and our neighbors.  When crime occurs, that police keep in touch with the family of victim to share updates (relatives may know information helpful to the investigation).  Arresting criminals before they become embolden to harass, threaten, or taunt the family members of victims.  When parents have any information on the homicide of their child, that detectives listen respectfully and investigate information thoroughly.  Ensure police have the ability (time) to build positive relationships with residents and bridges of communication prior to crime occurring in the neighborhood.  Homicide victims be picked up from crime scene within reasonable timeframe.  Communication is necessary.  Action is key. 4.) What challenges do we face in reducing violence?  If no arrest is made after a homicide, those close to the deceased victim feel compelled to retaliate against suspected individual, even if unlawfully.  Reports of a family party are sometimes responded to within a shorter timeframe than reports of gunshots.  Some residents may feel resentment towards LEO for underperforming in duties (specifically, delayed police response time).  There's more talking about the problem than action being taken to solve the problem.  Some residents have felt disregarded by detectives when reporting new or additional information related to a crime committed against their family member. 5.) What positive things do we have as a neighborhood that can help reduce violence?  Once community conversations begin, communication among neighbors is positive and unified because of shared experiences of neighborhood violence. 6.) As neighbors, what do we need in order to keep violence and crime down?  More lights because it is too dark.  Have activities for kids while they're still young because some kids in Yakima begin to witness violence from a young age. These kids need protection and prevention work so they don't become violent, as well.  Have curfew for delinquent youth.  More neighbors involved in making criminals feel unwelcome in the neighborhood.  Address and hold responsible landlords who own rental property and constantly rent it out to gang members or drug dealers.  Having a police officer station his/her vehicle near areas of suspected of criminal activity to discourage overt criminal activity, even if for a short period.  Crack down on school truancy; enforcement needed.  Neighbors need to call police and report crimes as they happen.  Neighbors need to know one another better.  Cameras located on street intersections that can read vehicle license plates. Page 10 of 48    7.) Would "Street Captains" be helpful for fearful witnesses who wish to report crime?  Yes, affirmative support from residents to establish "Street Captains." 8.) What are short term needs?  More neighborhood forums to continue this conversation on public safety.  "Night Out" gatherings for neighbors to meet neighbors.  Inform neighbors of the wanted criminals on Yakima's Crime Stoppers list.  Identify "Street Captains" and create "Street Coordinated Phone Lists." 9.) What are long term need?  More police/patrolling in residential streets.  Focus on gang prevention and drug prevention with youth. --> Reformed gang members can discourage at-risk youth from joining gangs. --> Encourage youth to do a "Ride-Along" with police/SRO in middle school.  Enable older youth to provide mentorship for younger youth.  Redirect city investments from wine/alcohol events to youth centers/programming. 10.) What else needs to be addressed for public safety?  Can parents legally discipline by spanking? How does the YPD handle a call made by a minor who is being spanked/disciplined by their parents? How do YPD officers deal with parents in this scenario, specifically how do YPD officers deal with parents who are undocumented immigrants?  If someone calls 911 to report a crime, do police officers disclose at the scene who called 911? Is it necessary for police officers to speak with the individual who called 911 at or near the scene of the crime? Is there a way for witnesses to report a crime immediately as it occurs without speaking with LEO in front of neighbor?  How should a street captain report a crime on behalf of a primary witness? What is the best way for a "Street Captain" to be an effective liaison for his/her neighbors? ---Forum Concluded--- Page 11 of 48    City of Yakima - Public Safety Neighborhood Forum #2 Location: St. Michael’s Episcopal Mission Date/Time: Saturday, October 14, 2017 @ 4:00pm Language: English Staff: Cliff Moore, City Manager; Cynthia Martinez, City Prosecutor; Sergeant Rafael Sanchez, Officer Jorge Quinones, Yakima Police Department Council-members: Dulce Gutiérrez, Kathy Coffey Public attendance: 4 NEIGHBORHOOD FORUM Welcome and Intro – Councilmember Gutiérrez a. Welcomes attendees b. Introduces staff at forum c. Explain the forum format for section 1, 2, and 3 Section 1 - How to Report Crime -- Staff a. Process of reporting a crime for witnesses and victims b. Policy regarding inquiries about citizenship status for witnesses and victims c. How to report crimes using Crime Stoppers, 911 Text and YakBack Section 2 - Neighborhood Patrolling -- Staff a. How the YPD generally patrols residential areas b. Resource limitations, volume of crime and prioritization c. Community policing and participation improve public safety  Is 911 text available in Spanish? Section 3 - Crime Prevention -- Councilmember Gutiérrez a. Questions and Answers for attendees 1.) Do you recognize any of your neighbors here today? (Attendees asked to raise hand)  Yes 2.) Do you think it would be useful to know your neighbors' name and/or phone number?  Yes, it would be great if the City can help create neighbor phone lists  Toppenish neighborhoods make good use of neighborhood phone lists  Service providers, La Casa Hogar, the Church, and the food bank also serve as hubs that help families know one another in the neighborhood Page 12 of 48    3.) What is most important needs for the safety of this neighborhood?  Community coming together is important  Being friendly towards neighbors is important  Knowing your neighbors  Extend the downtown district boundary to Walnut Avenue  Reporting crimes, no matter how small the crime 4.) What challenges do we face in reducing violence?  Verbal fights are common  Difficult to know if crime is occurring in areas where people hang out/loiter 5.) What positive things do we have as a neighborhood that can help reduce violence?  The Henry Beauchamp Community Center  All the churches, social services and community centers in the neighborhood  Naches Parkway  Association of Churches holds “Moment of Blessings” after fatal shootings 6.) As neighbors, what do we need in order to keep violence and crime down?  Law enforcement at the YNHS Depot because Camp Hope services have not relieved homelessness in the neighborhood and there are homeless people who say they can’t go to Camp Hope (uncertain of reasoning)  Speaking/being friendly to neighbors 7.) Would "Street Captains" be helpful for fearful witnesses who wish to report crime?  Probably so.  Depends on the neighbors and the neighborhood  Difficult to sustain Block Watch program with transient/temporary housing 8.) What are short term needs?  Getting to know neighbors 9.) What are long term needs?  Better lighting  Improving Naches Parkway  Improving streets  Clean up blighted areas  Reducing the number of abandoned properties 10.) What else needs to be addressed for public safety?  Residences that sell drugs need to be reported  Heard a neighbor was upset/felt ignored after reporting a house suspected of selling drugs because uniformed officers did not arrive to the scene ---Forum Concluded--- Page 13 of 48    City of Yakima - Public Safety Neighborhood Forum #3 Location: Garfield Elementary School Gymnasium Date/Time: Wednesday, October 25, 2017 @ 6:00pm Language: English with Spanish translation Staff: Cliff Moore, City Manager; Cynthia Martinez, City Prosecutor; Captain Jeff Schneider, Sergeant Uriel Mendoza, Officer Thomas Garza, Yakima Police Deptartment Council-members: Dulce Gutiérrez, Carmen Méndez, Kathy Coffey Public attendance: 25 Also in attendance: Garfield Elementary Principal NEIGHBORHOOD FORUM Welcome and Intro – Councilmember Gutiérrez a. Welcomes attendees b. Introduces staff at forum c. Explain the forum format for section 1, 2, and 3 Section 1 - How to Report Crime -- Staff a. Process of reporting a crime for witnesses and victims b. Policy regarding inquiries about citizenship status for witnesses and victims c. How to report crimes using Crime Stoppers, 911 Text and YakBack  Is texting 911 treated as a priority?  Are services available in Spanish, specifically 911 Text services?  After reporting a house burglary the victim received a case number but it remains unknown if officers actually arrived to the scene of the house burglary Section 2 - Neighborhood Patrolling -- Staff a. How the YPD generally patrols residential areas b. Resource limitations, volume of crime and prioritization c. Community policing and participation improve public safety  What is the police response time for a shooting?  Is there an immediate response to reports of speeding in a school zone?  How can law enforcement prevent speeding in residential neighborhoods?  Is it hard to get a speed bump installed to help reduce speeding? Section 3 - Crime Prevention -- Councilmember Gutiérrez a. Questions and Answers for attendees 1.) Do you recognize any of your neighbors here today? (Attendees asked to raise hand)  Yes. Page 14 of 48    2.) Do you think it would be useful to know your neighbors' name and/or phone number?  Yes. 3.) What is most important needs for the safety of this neighborhood?  More lighting  Cleaning up streets and alley ways  City employees who pick up trash should be allowed to report sightings of illegal dumping  Reporting graffiti  Neighbors need to get together and know one another 4.) What challenges do we face in reducing violence?  Bad lighting  Lack of support for after-school programs for kids  Naissance motels/hotels  Community involvement and awareness is lacking  More neighbors need to report crime or voice concern  Not enough police officers 5.) What positive things do we have as a neighborhood that can help reduce violence?  None. 6.) As neighbors, what do we need in order to keep violence and crime down?  If someone sees something criminal, they should report it.  Report naissance houses  Yakima police officers who also live in this neighborhood  More police presence 7.) Would "Street Captains" be helpful for fearful witnesses who wish to report crime?  Could be helpful  Some neighbors are unwilling to place their name on a Block Watch list 8.) What are short term needs?  Get to know your neighbors  Don’t feel fearful of troubled youth - adults need to report criminal youth  Surveillance cameras on intersections  Repair of eroded sidewalks  Handicap ramps 9.) What are long term needs?  Responsible spending to preserve funding for public safety  Revive old programs like “The Alley Cats” Page 15 of 48    10.) What else needs to be addressed for public safety?  Keep school gyms open during after school hours to increase opportunities for kids  Develop a support system to keep young people safe  Many small children unsafely walk home alone to and from school ---Forum Concluded--- Page 16 of 48    City of Yakima - Public Safety Neighborhood Forum #4 Location: Henry Beauchamp Community Center Date/Time: Wednesday, November 15, 2017 @ 6:00pm Language: English with Spanish translation Staff: Cliff Moore, City Manager; Cynthia Martinez, City Prosecutor; Officer Gonzalo Deloza, Yakima Police Department Council-members: Dulce Gutiérrez Public attendance: 35 Also in attendance: U.S. Senator Patty Murray Central Washington Director NEIGHBORHOOD FORUM Welcome and Intro – Councilmember Gutiérrez a. Welcomes attendees b. Introduces staff at forum c. Explain the forum format for section 1, 2, and 3 Section 1 - How to Report Crime -- Staff a. Process of reporting a crime for witnesses and victims b. Policy regarding inquiries about citizenship status for witnesses and victims c. How to report crimes using Crime Stoppers, 911 Text and YakBack  Does the non-emergency phone number operate 24/7?  Can you track down the progress of a report you make? Section 2 - Neighborhood Patrolling -- Staff a. How the YPD generally patrols residential areas b. Resource limitations, volume of crime and prioritization c. Community policing and participation improve public safety  Why doesn’t the detective division reach out to the victim’s family after a homicide happens?  Why won’t detectives return phone calls to family members of homicide victims?  Can a witness report a tip anonymously by being given an incident number?  Can the City provide victim’s advocates or support services for the families of victims?  What can a family of a homicide victim do to protect itself from the suspected perpetrators that killed their relative?  Is the City setting aside money to hire more officers?  Can community members help (or participate in the city’s process to) recruit officers to the YPD?  After years of discussing public safety problems, who is actually accountable for providing the proper resources to respond to these public safety problems? Page 17 of 48     Is there an overlap in officer training for new officers to learn from well-experienced officers?  Why hasn’t the city contracted an outside agency to help reduce gang violence and other problems?  Why doesn’t the city have reserve officers?  Where can a Block Watch be established?  Can a Block Watch (or civilian) conduct a citizens’ arrest?  How can the city help prevent youth behavioral problems? Section 3 - Crime Prevention -- Councilmember Gutiérrez a. Questions and Answers for attendees 1.) Do you recognize any of your neighbors here today? (Attendees asked to raise hand)  Yes 2.) Do you think it would be useful to know your neighbors' name and/or phone number?  Yes 3.) What is most important needs for the safety of this neighborhood? *This question was not stated. 4.) What challenges do we face in reducing violence?  Need more people to care about the violence problem  Broken families  Reduction in programs for youth  High level of dependency on police and not enough community involvement  Lack of communication to youth community  Lack of love for youth within their families  Need programs that provide youth jobs  Not enough advertising of YPAL  Not enough staff/volunteers at YPAL 5.) What positive things do we have as a neighborhood that can help reduce violence?  Block Watch programs can be positive for our neighborhoods  Full family participation (including children)  Programs at parks  PTA  After school programs 6.) As neighbors, what do we need in order to keep violence and crime down? *This question was not stated. 7.) Would "Street Captains" be helpful for fearful witnesses who wish to report crime?  Yes Page 18 of 48    8.) What are short term needs?  Volunteers for block parties, youth programs, community policing program, and helping protect others  Culturally relevant programs  Sports activities  Open up schools during evening hours  Provide support for educational success and strengthen youth skills  More facilities within walking distance for youth  Transportation options for youth to access youth services (example: bus passes)  Develop stronger resources  Treat kids to positive activities (example: youth field trips) 9.) What are long term needs?  Pool in east Yakima  Tutoring services (education support)  Emphasis on family unity and parents as first teachers of youth  Teach (children) love, teach consistency, teach about valuing other people’s property, and to be a decent person  Affordable indoor sports activities during (extreme weather in) the winter and summer seasons  More parents willing to volunteer at youth facilities  Access to school facilities for youth activities 10.) What else needs to be addressed for public safety?  The creation of a Centro De la Raza community center to improve community pride  Job training opportunities for low-income parents (with the intent to help parents avoid employment that require long work hours and perpetuate the absence of parents in their children’s lives)  Early learning support services and high school diploma/GED support services  Youth programs in different parks  Engagement of Yakima School District  Increase engagement of community members  More communication between parents and the Yakima School District ---Forum Concluded--- Page 19 of 48    City of Yakima - Public Safety Neighborhood Forum #5 Location: Robertson Elementary School Gymnasium Date/Time: Wednesday, December 6, 2017 @ 6:00pm Language: English Staff: Cliff Moore, City Manager; Ana Cortez, Assistant City Manager; Cynthia Martinez, Senior Assistant City Attorney & City Prosecutor; Officer Gonzalo Deloza, Lieutenant Chad Stevens, Yakima Police Department Council-members: Dulce Gutiérrez Public attendance: 14 Also in attendance: Robertson Elementary School Principal; Washington State Representative Gina McCabe NEIGHBORHOOD FORUM Welcome and Intro – Councilmember Gutiérrez a. Welcome attendees b. Introduce staff at forum c. Explain the forum format for section 1, 2, and 3 Section 1 - How to Report Crime -- Staff a. Process of reporting a crime for witnesses and victims b. Policy regarding inquiries about citizenship status for witnesses and victims c. How to report crimes using Crime Stoppers, 911 Text and YakBack  About 6 years ago, a resident's sister attempted to contact YPD from her location in Phoenix AZ during a relative's emergency in Yakima and couldn't reach the YPD. How does someone reach the local 911 line when calling from outside of the jurisdiction?  Is there a best practice for contacting 911 while driving if there is an emergency?  A resident witnessed a woman who had her car broken into and was waiting for a police officer to arrive to make the report. The resident observed a police officer in his vehicle nearby. Why wasn’t this officer able to attend to this problem if he was nearby? Section 2 - Neighborhood Patrolling -- Staff a. How the YPD generally patrols residential areas b. Resource limitations, volume of crime and prioritization c. Community policing and participation improve public safety  A resident had his property broken into so he drove to the police department for a case number and was told to go back to his shop and wait for an officer. The resident felt it was more important at the moment to drive to a store and purchase a new door to replace the broken-in door damaged by the burglars. Why does an officer need to enter the property to verify his claim that his property was been broken into?  If neighbors/officers don't know the neighbors is it really a neighborhood?  Are there beat officers per each of the nine districts? Page 20 of 48     If a property/house security alarm goes off does the tenant or a neighbor need to call for police response?  How do pond shops prevent stolen items from being bought/sold in their establishment?  How are the pond shops monitored to ensure they are reporting accurately?  Are second hand stores held to the same standards?  How many vacancies does the YPD have right now?  Do all officers live in the city of Yakima?  Can the City of Yakima pay for officers' living expenses for officers who are willing to live in east Yakima? Section 3 - Crime Prevention -- Councilmember Gutiérrez a. Questions and Answers for attendees 1.) Do you recognize any of your neighbors here today?  Yes 2.) Do you think it would be useful to know your neighbors' name and/or phone number?  Yes 3.) What is most important for the safety of this neighborhood? *This question was not stated. 4.) What challenges do we face in reducing violence?  Not everyone is on the same page about public safety priorities  Police cannot be everywhere  Neighbors may not know what role they play to help reduce crime  Need more activities for Youth besides sports activities. Youth are either home alone or on the street and can make bad decisions under these circumstances, in particular youth that don't play sports. The options for youth activities are too narrow.  There is less home ownership now so people are less invested in where they live, and they often don't know or don't trust their neighbors.  Experience with police response time has been great in her neighborhood in central Yakima. Once she was called by an officer in response to a report and felt very reassured by it. She is concerned residents in east Yakima are not experiencing the same police response time.  Crime in other areas of town are just as meaningful as in their own areas and vice versa so the city has to fix safety problems across the city. 5.) What positive things do we have as a neighborhood that can help reduce violence?  Robertson Elementary School offers an after-school art program  Strong and active PTA 6.) As neighbors, what do we need in order to keep violence and crime down? *This question was not stated. Page 21 of 48    7.) Would "Street Captains" be helpful for fearful witnesses who wish to report crime?  Possibly yes but Captains must be trustworthy/creditable. 8.) What are short term needs?  Sidewalk needed on Powerhouse Rd between Lincoln and Englewood 9.) What are long term needs?  Sidewalk and street lighting needed on Powerhouse Rd between Lincoln and Englewood  Strengthening code enforcement  Reducing the amount of non-operating vehicles parked on lawn yards and streets  Reducing homelessness 10.) What else needs to be addressed for public safety?  Public report on results of public safety forums  Incentives for police officers to reside in neighborhoods most impacted by crime  Expand Lincoln between 24th and 40th  Police officers can use baseball cards to engage kids to know law enforcement ---Forum Concluded--- Page 22 of 48    City of Yakima - Public Safety Neighborhood Forum #6 Location: McClure Elementary School Date/Time: Wednesday, February 21, 2018 @ 6:00pm Language: English Staff: Cliff Moore, City Manager; Ana Cortez, Assistant City Manager; Cynthia Martinez, Senior Assistant City Attorney & City Prosecutor; Lieutenant Sean Boyle, Gang Unit Sergeant Chad Janis, Yakima Police Department Council-members: Carmen Méndez, Kay Funk Public attendance: 7 NEIGHBORHOOD FORUM Welcome and Intro – Councilmember Méndez a. Welcomes attendees b. Introduces staff at forum c. Explain the forum format for section 1, 2, and 3 Section 1 - How to Report Crime -- Staff a. Process of reporting a crime for witnesses and victims b. Policy regarding inquiries about citizenship status for witnesses and victims c. How to report crimes using Crime Stoppers, 911 Text and YakBack  What crime is considered substantial enough to call 911? What crime is considered a non-emergency? Section 2 - Neighborhood Patrolling -- Staff a. How the YPD generally patrols residential areas b. Resource limitations, volume of crime and prioritization c. Community policing and participation improve public safety  What protocol does the school use during an active shooter situation to keep kids safe?  14 year old killed around noon and students were outside in school premises; only 1 block away = no warning by YPD = What should school staff do in these situations?  Can the City ask for a clear answer regarding active shooter drills from the Yakima School District?  People are partaking in drug use in the next door parking lot to McClure elementary school. What can be done to stop this drug use occurring so close to the school?  Does a person being charged for a crime have the ability to know the identity of the witness who reported them? Page 23 of 48    Section 3 - Crime Prevention -- Councilmember Méndez a. Questions and Answers for attendees 1.) Do you recognize any of your neighbors here today?  No. 2.) Do you think it would be useful to know your neighbors' name and/or phone number?  Yes. Is there a neighborhood block watch in the McClure Elementary neighborhood? 3.) What is most important for the safety of this neighborhood?  More police patrolling in the area  More awareness about the location of registered sex offenders 4.) What challenges do we face in reducing violence?  Lack of mandatory training for school staff and students for active shooter lock-downs  Lost the assigned police officer previously staffed at McClure elementary school 5.) What positive things do we have as a neighborhood that can help reduce violence? No input from residents. 6.) As neighbors, what do we need in order to keep violence and crime down?  Report crime 7.) Would "Street Captains" be helpful for fearful witnesses who wish to report crime?  Yes  Some people are deterred from reporting crime due to fear of having their identity exposed to the suspect(s) of the crime 8.) What are short term needs? No input from residents. 9.) What are long term needs?  Validate concerns  Increase awareness about improving public safety 10.) What else needs to be addressed for public safety?  Schools should mandate parents to “Parent Nights” if they have students in the Yakima School District ---Forum Concluded--- Page 24 of 48    City of Yakima - Public Safety Neighborhood Forum #7 Location: Lewis & Clark Middle School Cafeteria Date/Time: Thursday, February 22, 2018 @ 6:00pm Language: English with Spanish translation Staff: Cliff Moore, City Manager; Ana Cortez, Assistant City Manager; Cynthia Martinez, Senior Assistant City Attorney & City Prosecutor; Lieutenant Sean Boyle, Gang Unit Sergeant Chad Janis, Yakima Police Department Council-members: Carmen Méndez, Dulce Gutiérrez Public attendance: 8 Also in attendance: Lewis & Clark Middle School Principal NEIGHBORHOOD FORUM Welcome and Intro – Councilmember Méndez a. Welcomes attendees b. Introduces staff at forum c. Explain the forum format for section 1, 2, and 3 Section 1 - How to Report Crime -- Staff a. Process of reporting a crime for witnesses and victims b. Policy regarding inquiries about citizenship status for witnesses and victims c. How to report crimes using Crime Stoppers, 911 Text and YakBack  After reporting a drug crime to the Yakima County Sheriff’s office do city prosecutors and city police know about the report too?  Is YakBack available online in Spanish? Section 2 - Neighborhood Patrolling -- Staff a. How the YPD generally patrols residential areas b. Resource limitations, volume of crime and prioritization c. Community policing and participation improve public safety Section 3 - Crime Prevention -- Councilmember Méndez a. Questions and Answers for attendees 1.) Do you recognize any of your neighbors here today?  Yes Page 25 of 48    2.) Do you think it would be useful to know your neighbors' name and/or phone number?  Yes, for long-term neighbors but it may not be helpful for short term neighbors.  Building relationships with neighbors and local officials help people address their concerns. 3.) What is most important for the safety of this neighborhood?  Need sidewalks for student population  The lack of sidewalks also increases the vehicle traffic on private property  Need more police patrolling  When school is out there is greater risk of violence  Fencing the parks help children feel safer  The lack of sidewalks demonstrate a lack of safety 4.) What challenges do we face in reducing violence?  Lack of communication about domestic violence  Sometimes fear prevents residents from reporting a public crime they were witness to  People need to speak up more about public crime and also find solutions to domestic violence  More people need to say something when they see something  Continuing constant communication between the school and immediate neighbors 5.) What positive things do we have as a neighborhood that can help reduce violence?  Neighbors check in with other neighbors  Parents can talk with children and family members about staying out of trouble  When people trust one another they are more open to talking about problems  Building trust and communication should be key 6.) As neighbors, what do we need in order to keep violence and crime down?  Be vigilant for outsider  Call the police if you see something suspicious at a neighbors residence  Report suspicious vehicles  Communication  Ensuring YakBack is accessible to as many residents as possible including spanish speaking residents  Have a YakBack telephone number that provides the same service as YakBack online for residents who don’t have internet access 7.) Would "Street Captains" be helpful for fearful witnesses who wish to report crime?  Yes, having private residents work closely with law enforcement is very helpful. 8.) What are short term needs?  Sidewalks! Page 26 of 48    9.) What are long term needs?  Public safety through environmental design; around the school and inside of school  Sidewalks! 10.) What else needs to be addressed for public safety?  Encourage students to speak out about violence and suspicious behavior  Students don’t feel safe reporting peers who are behaving violently or suspiciously  Barb wire on school buildings to prevent active shooters from having rooftop access  The City of Yakima should directly contact schools to promote Police community events.  Have more Police community events on school properties. ---Forum Concluded--- Page 27 of 48    City of Yakima - Public Safety Neighborhood Forum #8 Location: Franklin Middle School Cafeteria Date/Time: Friday, February 24, 2018 @ 6:00pm Language: English Staff: Cliff Moore, City Manager; Ana Cortez, Assistant City Manager; Cynthia Martinez, Senior Assistant City Attorney & City Prosecutor; Lieutenant Linda Watts, Sergeant Kelly Willard, Officer Jorge Quinones, Officer Eric Jones, Yakima Police Department Council-members: Kay Funk, Kathy Coffey, Dulce Gutiérrez Public attendance: 15 NEIGHBORHOOD FORUM Welcome and Intro – Councilmember Funk a. Welcomes attendees b. Introduces staff at forum c. Explain the forum format for section 1, 2, and 3 Section 1 - How to Report Crime -- Staff a. Process of reporting a crime for witnesses and victims b. Policy regarding inquiries about citizenship status for witnesses and victims c. How to report crimes using Crime Stoppers, 911 Text and YakBack  What is the non-emergency phone number for safety issues? Section 2 - Neighborhood Patrolling -- Staff a. How the YPD generally patrols residential areas b. Resource limitations, volume of crime and prioritization c. Community policing and participation improve public safety  Is there a minimum standard for the number of K-9 dogs on duty?  Is recruiting officers for the YPD going well?  Can the YPD help revitalize a previously active neighborhood block watch?  How big of an area does a neighborhood block watch cover?  Is the police making an effort to reach and interact with middle school students?  Is the police engaging in local sport tournaments? Section 3 - Crime Prevention -- Councilmember Funk a. Questions and Answers for attendees 1.) Do you recognize any of your neighbors here today?  Yes Page 28 of 48    2.) Do you think it would be useful to know your neighbors' name and/or phone number?  Yes 3.) What is most important for the safety of this neighborhood?  Reducing clustered housing facilities of registered sex offenders  Suspicious individuals may be gone by the time law enforcement arrives to the scene  It’s unsafe for pedestrian traffic attempting to walk in north-south directions to cross vehicle traffic going east-west on Tieton and east-west on Summitview  Police need to patrol residential areas (not only main streets) 4.) What challenges do we face in reducing violence?  Some people may be hesitant to report crime  After hit-and-run incidents, victims don’t know what happens with their report  People are worried about exposing their identity when reporting a crime 5.) What positive things do we have as a neighborhood that can help reduce violence?  Police officers were great in responding to a report of an individual walking from house to house asking residents for the opportunity to work for cash. 6.) As neighbors, what do we need in order to keep violence and crime down?  Report all crime regardless of how small or unimportant the crime may seem.  Report all crime even when suspect has evaded the area. 7.) Would "Street Captains" be helpful for fearful witnesses who wish to report crime?  Yes 8.) What are short term needs? No input from residents. 9.) What are long term needs?  Be consistent with suppressing aggressive pan handling  Be consistent with bike patrolling  Be consistent with code enforcement of non-operating vehicles parked on front lawns 10.) What else needs to be addressed for public safety?  Have crossing guards at high traffic intersections ---Forum Concluded--- Page 29 of 48    City of Yakima - Public Safety Neighborhood Forum #9 Location: Yakima – Washington Middle School Cafeteria Date/Time: Tuesday, February 27, 2018 @ 6:00pm Language: Spanish with English translation Staff: Cliff Moore, City Manager; Ana Cortez, Assistant City Manager; Cynthia Martinez, Senior Assistant City Attorney & City Prosecutor; Officer Gonzalo Deloza, Nicki Sandino, (Community Services Division), Yakima Police Department Council-members: Dulce Gutiérrez, Jason White Public attendance: 37 NEIGHBORHOOD FORUM Welcome and Intro – Councilmember Gutiérrez a. Welcomes attendees b. Introduces staff at forum c. Explain the forum format for section 1, 2, and 3 Section 1 - How to Report Crime -- Staff a. Process of reporting a crime for witnesses and victims b. Policy regarding inquiries about citizenship status for witnesses and victims c. How to report crimes using Crime Stoppers, 911 Text and YakBack  Can texts be sent to 911 in Spanish?  Do 911 dispatchers ask callers about citizenship status? Section 2 - Neighborhood Patrolling -- Staff a. How the YPD generally patrols residential areas b. Resource limitations, volume of crime and prioritization c. Community policing and participation improve public safety  What is the age requirement for participating in the Community Academy?  Is citizenship required to participate in the Community Academy?  How do people sign up for the Community Academy?  What are options for an individual who feel they were victimized by law enforcement officials?  Can the city do something about parked vehicles that block road access and/or parked vehicles that increase risk of vehicle collision? Page 30 of 48    Section 3 - Crime Prevention -- Councilmember Gutiérrez a. Questions and Answers for attendees 1.) Do you recognize any of your neighbors here today?  Some said yes, some said no. 2.) Do you think it would be useful to know your neighbors' name and/or phone number?  Yes 3.) What is most important for the safety of this neighborhood?  Improving lighting  Communication with law enforcement officials  Need to increase police presence significantly  Neighborhood residents need to be informed about public safety on a consistent basis  Programs, activities and mentorship for youth  Reducing speeding  Reducing graffiti 4.) What challenges do we face in reducing violence?  Gangs  Need more family involvement in their children’s’ lives  Need enforcement of curfew for youth  Gang intimidation of other neighborhood youth 5.) What positive things do we have as a neighborhood that can help reduce violence?  Folks are typically familiar with immediate neighboring homes & neighbors 6.) As neighbors, what do we need in order to keep violence and crime down?  Call 911 when gunshots are heard; gunshots are heard almost daily in this neighborhood but neighbors are afraid to speak out, or unsure of who the offenders are, or simply don’t feel confident talking to law enforcement  Youth programs  Mutual respect for quiet hours by all neighbors 7.) Would "Street Captains" be helpful for fearful witnesses who wish to report crime?  Yes 8.) What are short term needs?  Sidewalks  Trees  Maintain alley ways in descent conditions  Improving south 4th street  Better standards for maintaining lawns/properties Page 31 of 48    9.) What are long term needs?  More vigilance  Lighting in alley ways  More street lights  More speed humps  Youth programs  Workshops for kids during after-school hours  Stronger PTA  More community engagement to uphold safety 10.) What else needs to be addressed for public safety?  Alley way next to Adams Elementary School is poorly maintained  Support for removal of trees that cause sidewalk eruption  Intersections with deep potholes flood during heavy raining/melted snow  Vehicles are broken into frequently but victims do not always report the crime because often no arrest is made (leaving people with little confidence in the 911 reporting system)  Cameras do not always ensure an arrest will be made  Scammers that go home to home  Theft of mail  School lock-down procedures for active shooter situations  Parents need to know how their children will be protected from violence while on school premises  Preventing students from carrying weapons onto school premises ---Forum Concluded--- Page 32 of 48    City of Yakima - Public Safety Neighborhood Forum #10 Location: Wesley United Methodist Church Date/Time: Wednesday, March 7, 2018 @ 6:00pm Language: English Staff: Cliff Moore, City Manager; Ana Cortez, Assistant City Manager; Cynthia Martinez, Senior Assistant City Attorney & City Prosecutor; Captain Gary Jones, Nicki Sandino, (Community Services Division), Yakima Police Department Council-members: Holly Cousens, Brad Hill, Dulce Gutiérrez Public attendance: 10 NEIGHBORHOOD FORUM Welcome and Intro – Councilmember Cousens and Councilmember Hill a. Welcomes attendees b. Introduces staff at forum c. Explain the forum format for section 1, 2, and 3 Section 1 - How to Report Crime -- Staff a. Process of reporting a crime for witnesses and victims b. Policy regarding inquiries about citizenship status for witnesses and victims c. How to report crimes using Crime Stoppers, 911 Text and YakBack  What does the City do to address graffiti? Section 2 - Neighborhood Patrolling -- Staff a. How the YPD generally patrols residential areas b. Resource limitations, volume of crime and prioritization c. Community policing and participation improve public safety  Can the City release information on a consistent basis regarding arrests made of suspects?  Why do some residents claim they have called detectives during an investigation and have not been called back from law enforcement officials?  Do all neighbors receive a block-watch sticker or do only active members of block-watch receive a block-watch sticker?  Is there data to quantify how effective a block-watch is?  Is the City helping homeless service providers in their effort to patrol streets looking for homeless individuals to serve?  What is the common age range for people participating in the Community Academy?  Why has a young African American male been experiencing being pulled over in his vehicles multiple times on his own neighborhood in recent months? Page 33 of 48    Section 3 - Crime Prevention -- Councilmember Cousens and Councilmember Hill a. Questions and Answers for attendees 1.) Do you recognize any of your neighbors here today?  Yes 2.) Do you think it would be useful to know your neighbors' name and/or phone number?  Yes 3.) What is most important for the safety of this neighborhood?  Speeding and careless driving on Chestnut  Radar cameras to reduce speeding  Street lights to improve lighting  Improving compliance with Stop signs  Improved infrastructure that removes light poles out of the middle of sidewalks 4.) What challenges do we face in reducing violence?  Not enough police officers  Prevalence of gang activity  A diverse community can present challenges; 40%+ of city population is Latino and 15% of police force speaks Spanish. 5.) What positive things do we have as a neighborhood that can help reduce violence?  Some neighborhoods have a lot of space and nice features  Most people don’t want to be gang affiliated. 6.) As neighbors, what do we need in order to keep violence and crime down? This question was not stated. 7.) Would "Street Captains" be helpful for fearful witnesses who wish to report crime? No input from residents. 8.) What are short term needs? No input from residents. 9.) What are long term needs?  Satellite police facilities throughout different neighborhoods  Sharing more information about City resources intended to support public safety  Making gym space more accessible for physical health activities Page 34 of 48    10.) What else needs to be addressed for public safety?  Sidewalks on McKinley are so bad they’re dangerous  Working to improve sidewalk infrastructure better in all areas is important  The City shouldn’t recreate another plan similar to Gang Free Initiative (nor fund it)  Is there anything being done in the schools to teach about active shooter situations?  Pass ordinance that requires housing developers to construct sidewalks on both sides of street  Incentivize police officers to live in the neighborhood/area they are assigned to patrol by covering the cost of housing expenses (for as long as the officer resides in the area he/she patrols)  Does the City offer premium pay for bilingual police officers?  Speed bumps shouldn’t make drivers slow down to 5mph or 10mph (it’s excessive)  Grateful for the neighborhood forums on public safety ---Forum Concluded--- Page 35 of 48    Limitations of Neighborhood Forums on Public Safety 1. Location for neighborhood forums were determined by the individual who request the forum and not on the basis of crime or violence rates. 2. No budget resulted in limited advertising of neighborhood forums. Council-members delivering invitations door to door and school officials sharing forum details with students were the two main approaches used to promote the neighborhood forums. 3. At the 1st forum and 4th forum, residents expressed at least once their concern about sharing their experience with crime at the forum because they feared retaliation for speaking out about criminals in their neighborhood. Page 36 of 48    Full Compilation of Resident Input Welcome and Introduction – Facilitated by councilmember(s) a. Welcomes attendees b. Introduces staff at forum c. Explain the forum format for section 1, 2, and 3 Section 1 - How to Report Crime -- Staff a. Process of reporting a crime for witnesses and victims b. Policy regarding inquiries about citizenship status for witnesses and victims c. How to report crimes using Crime Stoppers, 911 Text and YakBack  Is texting 911 treated as a priority?  Are services available in Spanish, specifically 911 Text services?  After reporting a house burglary the victim received a case number but it remains unknown if officers actually arrived to the scene of the house burglary  Does the non-emergency phone number operate 24/7?  Can you track down the progress of a report you make?  About 6 years ago, a resident's sister attempted to contact YPD from her location in Phoenix AZ during a relative's emergency in Yakima and couldn't reach the YPD. How does someone reach the local 911 line when calling from outside of the jurisdiction?  Is there a best practice for contacting 911 while driving if there is an emergency?  A resident witnessed a woman who had her car broken into and was waiting for a police officer to arrive to make the report. The resident observed a police officer in his vehicle nearby. Why wasn’t this officer able to attend to this problem if he was nearby?  What crime is considered substantial enough to call 911? What crime is considered a non-emergency?  After reporting a drug crime to the Yakima County Sheriff’s office do city prosecutors and city police know about the report too?  Is YakBack available online in Spanish?  What is the non-emergency phone number for safety issues?  Can texts be sent to 911 in Spanish?  Do 911 dispatchers ask callers about citizenship status?  What does the City do to address graffiti? Section 2 - Neighborhood Patrolling -- Staff a. How the YPD generally patrols residential areas b. Resource limitations, volume of crime and prioritization c. Community policing and participation improve public safety  Is 911 text available in Spanish?  What is the police response time for a shooting?  Is there an immediate response to reports of speeding in a school zone?  How can law enforcement prevent speeding in residential neighborhoods?  Is it hard to get a speed bump installed to help reduce speeding? Page 37 of 48     Why doesn’t the detective division reach out to the victim’s family after a homicide happens?  Why won’t detectives return phone calls to family members of homicide victims?  Can a witness report a tip anonymously by being given an incident number?  Can the City provide victim’s advocates or support services for the families of victims?  What can a family of a homicide victim do to protect itself from the suspected perpetrators that killed their relative?  Is the City setting aside money to hire more officers?  Can community members help (or participate in the city’s process to) recruit officers to the YPD?  After years of discussing public safety problems, who is actually accountable for providing the proper resources to respond to these public safety problems?  Is there an overlap in officer training for new officers to learn from well-experienced officers?  Why hasn’t the city contracted an outside agency to help reduce gang violence and other problems?  Why doesn’t the city have reserve officers?  Where can a Block Watch be established?  Can a Block Watch (or civilian) conduct a citizens’ arrest?  How can the city help prevent youth behavioral problems?  A resident had his property broken into so he drove to the police department for a case number and was told to go back to his shop and wait for an officer. The resident felt it was more important at the moment to drive to a store and purchase a new door to replace the broken-in door damaged by the burglars. Why does an officer need to enter the property to verify his claim that his property was been broken into?  If neighbors/officers don't know the neighbors is it really a neighborhood?  Are there beat officers per each of the nine districts?  If a property/house security alarm goes off does the tenant or a neighbor need to call for police response?  How do pond shops prevent stolen items from being bought/sold in their establishment?  How are the pond shops monitored to ensure they are reporting accurately?  Are second hand stores held to the same standards?  How many vacancies does the YPD have right now?  Do all officers live in the city of Yakima?  Can the City of Yakima pay for officers' living expenses for officers who are willing to live in east Yakima?  What protocol does the school use during an active shooter situation to keep kids safe?  14 year old killed around noon and students were outside in school premises; only 1 block away = no warning by YPD = What should school staff do in these situations?  Can the City ask for a clear answer regarding active shooter drills from the Yakima School District?  People are partaking in drug use in the next door parking lot to McClure elementary school. What can be done to stop this drug use occurring so close to the school?  Does a person being charged for a crime have the ability to know the identity of the witness who reported them? Page 38 of 48     Is there a minimum standard for the number of K-9 dogs on duty?  Is recruiting officers for the YPD going well?  Can the YPD help revitalize a previously active neighborhood block watch?  How big of an area does a neighborhood block watch cover?  Is the police making an effort to reach and interact with middle school students?  Is the police engaging in local sport tournaments?  What is the age requirement for participating in the Community Academy?  Is citizenship required to participate in the Community Academy?  How do people sign up for the Community Academy?  What are options for an individual who feel they were victimized by law enforcement officials?  Can the city do something about parked vehicles that block road access and/or parked vehicles that increase risk of vehicle collision?  Can the City release information on a consistent basis regarding arrests made of suspects?  Why do some residents claim they have called detectives during an investigation and have not been called back from law enforcement officials?  Do all neighbors receive a block-watch sticker or do only active members of block-watch receive a block-watch sticker?  Is there data to quantify how effective a block-watch is?  Is the City helping homeless service providers in their effort to patrol streets looking for homeless individuals to serve?  What is the common age range for people participating in the Community Academy?  Why has a young African American male been experiencing being pulled over in his vehicles multiple times on his own neighborhood in recent months? Section 3 - Crime Prevention – Facilitated by councilmember(s) a. Questions and Answers for attendees i. Do you recognize any of your neighbors here today?  Yes  Yes  Yes  Yes  Yes  No  Yes  Yes  Some said yes, some said no.  Yes Page 39 of 48    ii. Do you think it would be useful to know your neighbors' name and/or phone number?  Yes  Yes, it would be great if the City can help create neighbor phone lists; Toppenish neighborhoods make good use of neighborhood phone lists; Service providers, La Casa Hogar, the Church, and the food bank also serve as hubs that help families know one another in the neighborhood  Yes  Yes  Yes  Yes. Is there a neighborhood block watch in the McClure Elementary neighborhood?  Yes, for long-term neighbors but it may not be helpful for short term neighbors; Building relationships with neighbors and local officials help people address their concerns.  Yes  Yes  Yes iii. What is most important for the safety of this neighborhood?  The safety of our children and our neighbors.  When crime occurs, that police keep in touch with the family of victim to share updates (relatives may know information helpful to the investigation).  Arresting criminals before they become embolden to harass, threaten, or taunt the family members of victims.  When parents have any information on the homicide of their child, that detectives listen respectfully and investigate information thoroughly.  Ensure police have the ability (time) to build positive relationships with residents and bridges of communication prior to crime occurring in the neighborhood.  Homicide victims be picked up from crime scene within reasonable timeframe.  Communication is necessary.  Action is key.  Community coming together is important  Being friendly towards neighbors is important  Knowing your neighbors  Extend the downtown district boundary to Walnut Avenue  Reporting crimes, no matter how small the crime  More lighting  Cleaning up streets and alley ways  City employees who pick up trash should be allowed to report sightings of illegal dumping  Reporting graffiti  Neighbors need to get together and know one another  More police patrolling in the area  More awareness about the location of registered sex offenders Page 40 of 48     Need sidewalks for student population  The lack of sidewalks also increases the vehicle traffic on private property  Need more police patrolling  When school is out there is greater risk of violence  Fencing the parks help children feel safer  The lack of sidewalks demonstrate a lack of safety  Reducing clustered housing facilities of registered sex offenders  Suspicious individuals may be gone by the time law enforcement arrives to the scene  It’s unsafe for pedestrian traffic attempting to walk in north-south directions to cross vehicle traffic going east-west on Tieton and east-west on Summitview  Police need to patrol residential areas (not only main streets)  Improving lighting  Communication with law enforcement officials  Need to increase police presence significantly  Neighborhood residents need to be informed about public safety on a consistent basis  Programs, activities and mentorship for youth  Reducing speeding  Reducing graffiti  Speeding and careless driving on Chestnut  Radar cameras to reduce speeding  Street lights to improve lighting  Improving compliance with Stop signs  Improved infrastructure that removes light poles out of the middle of sidewalks iv. What challenges do we face in reducing violence?  If no arrest is made after a homicide, those close to the deceased victim feel compelled to retaliate against suspected individual, even if unlawfully.  Reports of a family party are sometimes responded to within a shorter timeframe than reports of gunshots.  Some residents may feel resentment towards LEO for underperforming in duties (specifically, delayed police response time).  There's more talking about the problem than action being taken to solve the problem.  Some residents have felt disregarded by detectives when reporting new or additional information related to a crime committed against their family member.  Verbal fights are common  Difficult to know if crime is occurring in areas where people hang out/loiter  Bad lighting  Lack of support for after-school programs for kids  Naissance motels/hotels  Community involvement and awareness is lacking  More neighbors need to report crime or voice concern  Not enough police officers  Need more people to care about the violence problem Page 41 of 48     Broken families  Reduction in programs for youth  High level of dependency on police and not enough community involvement  Lack of communication to youth community  Lack of love for youth within their families  Need programs that provide youth jobs  Not enough advertising of YPAL  Not enough staff/volunteers at YPAL  Not everyone is on the same page about public safety priorities  Police cannot be everywhere  Neighbors may not know what role they play to help reduce crime  Need more activities for Youth besides sports activities. Youth are either home alone or on the street and can make bad decisions under these circumstances, in particular youth that don't play sports. The options for youth activities are too narrow.  There is less home ownership now so people are less invested in where they live, and they often don't know or don't trust their neighbors.  Experience with police response time has been great in her neighborhood in central Yakima. Once she was called by an officer in response to a report and felt very reassured by it. She is concerned residents in east Yakima are not experiencing the same police response time.  Crime in other areas of town are just as meaningful as in their own areas and vice versa so the city has to fix safety problems across the city.  Lack of mandatory training for school staff and students for active shooter lock-downs  Lost the assigned police officer previously staffed at McClure elementary school  Lack of communication about domestic violence  Sometimes fear prevents residents from reporting a public crime they were witness to  People need to speak up more about public crime and also find solutions to domestic violence  More people need to say something when they see something  Continuing constant communication between the school and immediate neighbors  Some people may be hesitant to report crime  After hit-and-run incidents, victims don’t know what happens with their report  People are worried about exposing their identity when reporting a crime  Gangs  Need more family involvement in their children’s’ lives  Need enforcement of curfew for youth  Gang intimidation of other neighborhood youth  Not enough police officers  Prevalence of gang activity  A diverse community can present challenges; 40%+ of city population is Latino and 15% of police force speaks Spanish. Page 42 of 48    v. What positive things do we have as a neighborhood that can help reduce violence?  Once community conversations begin, communication among neighbors is positive and unified because of shared experiences of neighborhood violence.  The Henry Beauchamp Community Center  All the churches, social services and community centers in the neighborhood  Naches Parkway  Association of Churches holds “Moment of Blessings” after fatal shootings  Block Watch programs can be positive for our neighborhoods  Full family participation (including children)  Programs at parks  PTA  After school programs  Robertson Elementary School offers an after-school art program  Strong and active PTA  Neighbors check in with other neighbors  Parents can talk with children and family members about staying out of trouble  When people trust one another they are more open to talking about problems  Building trust and communication should be key  Police officers were great in responding to a report of an individual walking from house to house asking residents for the opportunity to work for cash.  Folks are typically familiar with immediate neighboring homes & neighbors  Some neighborhoods have a lot of space and nice features  Most people don’t want to be gang affiliated. vi. As neighbors, what do we need in order to keep violence and crime down?  More lights because it is too dark.  Have activities for kids while they're still young because some kids in Yakima begin to witness violence from a young age. These kids need protection and prevention work so they don't become violent, as well.  Have curfew for delinquent youth.  More neighbors involved in making criminals feel unwelcome in the neighborhood.  Address and hold responsible landlords who own rental property and constantly rent it out to gang members or drug dealers.  Having a police officer station his/her vehicle near areas of suspected of criminal activity to discourage overt criminal activity, even if for a short period.  Crack down on school truancy; enforcement needed.  Neighbors need to call police and report crimes as they happen.  Neighbors need to know one another better.  Cameras located on street intersections that can read vehicle license plates.  Law enforcement at the YNHS Depot because Camp Hope services have not relieved homelessness in the neighborhood and there are homeless people who say they can’t go to Camp Hope (uncertain of reasoning) Page 43 of 48     Speaking/being friendly to neighbors  If someone sees something criminal, they should report it.  Report naissance houses  Yakima police officers who also live in this neighborhood  More police presence  Report crime  Be vigilant for outsider  Call the police if you see something suspicious at a neighbors residence  Report suspicious vehicles  Communication  Ensuring YakBack is accessible to as many residents as possible including spanish speaking residents  Have a YakBack telephone number that provides the same service as YakBack online for residents who don’t have internet access  Report all crime regardless of how small or unimportant the crime may seem.  Report all crime even when suspect has evaded the area.  Call 911 when gunshots are heard; gunshots are heard almost daily in this neighborhood but neighbors are afraid to speak out, or unsure of who the offenders are, or simply don’t feel confident talking to law enforcement  Youth programs  Mutual respect for quiet hours by all neighbors vii. Would "Street Captains" be helpful for fearful witnesses who wish to report crime?  Yes, affirmative support from residents to establish "Street Captains."  Probably so but depends on the neighbors and the neighborhood; Difficult to sustain Block Watch program with transient/temporary housing  Could be helpful  Some neighbors are unwilling to place their name on a Block Watch list  Yes  Possibly yes but Captains must be trustworthy/creditable.  Yes; Some people are deterred from reporting crime due to fear of having their identity exposed to the suspect(s) of the crime  Yes, having private residents work closely with law enforcement is very helpful.  Yes  Yes viii. What are short term needs?  More neighborhood forums to continue this conversation on public safety.  "Night Out" gatherings for neighbors to meet neighbors.  Inform neighbors of the wanted criminals on Yakima's Crime Stoppers list.  Identify "Street Captains" and create "Street Coordinated Phone Lists."  Getting to know neighbors  Get to know your neighbors  Don’t feel fearful of troubled youth - adults need to report criminal youth Page 44 of 48     Surveillance cameras on intersections  Repair of eroded sidewalks  Handicap ramps  Volunteers for block parties, youth programs, community policing program, and helping protect others  Culturally relevant programs  Sports activities  Open up schools during evening hours  Provide support for educational success and strengthen youth skills  More facilities within walking distance for youth  Transportation options for youth to access youth services (example: bus passes)  Develop stronger resources  Treat kids to positive activities (example: youth field trips)  Sidewalk needed on Powerhouse Rd between Lincoln and Englewood  Sidewalks!  Sidewalks  Trees  Maintain alley ways in descent conditions  Improving south 4th street  Better standards for maintaining lawns/properties ix. What are long term needs?  More police/patrolling in residential streets.  Focus on gang prevention and drug prevention with youth. --> Reformed gang members can discourage at-risk youth from joining gangs. --> Encourage youth to do a "Ride-Along" with police/SRO in middle school.  Enable older youth to provide mentorship for younger youth.  Redirect city investments from wine/alcohol events to youth centers/programming.  Better lighting  Improving Naches Parkway  Improving streets  Clean up blighted areas  Reducing the number of abandoned properties  Responsible spending to preserve funding for public safety  Revive old programs like “The Alley Cats”  Pool in east Yakima  Tutoring services (education support)  Emphasis on family unity and parents as first teachers of youth  Teach (children) love, teach consistency, teach about valuing other people’s property, and to be a decent person  Affordable indoor sports activities during (extreme weather in) the winter and summer seasons  More parents willing to volunteer at youth facilities  Access to school facilities for youth activities Page 45 of 48     Sidewalk and street lighting needed on Powerhouse Rd between Lincoln and Englewood  Strengthening code enforcement  Reducing the amount of non-operating vehicles parked on lawn yards and streets  Reducing homelessness  Validate concerns  Increase awareness about improving public safety  Public safety through environmental design; around the school and inside of school  Sidewalks!  Be consistent with suppressing aggressive pan handling  Be consistent with bike patrolling  Be consistent with code enforcement of non-operating vehicles parked on front lawns  More vigilance  Lighting in alley ways  More street lights  More speed humps  Youth programs  Workshops for kids during after-school hours  Stronger PTA  More community engagement to uphold safety  Satellite police facilities throughout different neighborhoods  Sharing more information about City resources intended to support public safety  Making gym space more accessible for physical health activities x. What else needs to be addressed for public safety?  Can parents legally discipline by spanking? How does the YPD handle a call made by a minor who is being spanked/disciplined by their parents? How do YPD officers deal with parents in this scenario, specifically how do YPD officers deal with parents who are undocumented immigrants?  If someone calls 911 to report a crime, do police officers disclose at the scene who called 911? Is it necessary for police officers to speak with the individual who called 911 at or near the scene of the crime? Is there a way for witnesses to report a crime immediately as it occurs without speaking with LEO in front of neighbor?  How should a street captain report a crime on behalf of a primary witness? What is the best way for a "Street Captain" to be an effective liaison for his/her neighbors?  Residences that sell drugs need to be reported  Heard a neighbor was upset/felt ignored after reporting a house suspected of selling drugs because uniformed officers did not arrive to the scene  Keep school gyms open during after school hours to increase opportunities for kids  Develop a support system to keep young people safe  Many small children unsafely walk home alone to and from school  The creation of a Centro De la Raza community center to improve community pride Page 46 of 48     Job training opportunities for low-income parents (with the intent to help parents avoid employment that require long work hours and perpetuate the absence of parents in their children’s lives)  Early learning support services and high school diploma/GED support services  Youth programs in different parks  Engagement of Yakima School District  Increase engagement of community members  More communication between parents and the Yakima School District  Public report on results of public safety forums  Incentives for police officers to reside in neighborhoods most impacted by crime  Expand Lincoln between 24th and 40th  Police officers can use baseball cards to engage kids to know law enforcement  Schools should mandate parents to “Parent Nights” if they have students in the Yakima School District  Encourage students to speak out about violence and suspicious behavior  Students don’t feel safe reporting peers who are behaving violently or suspiciously  Barb wire on school buildings to prevent active shooters from having rooftop access  The City of Yakima should directly contact schools to promote Police community events.  Have more Police community events on school properties.  Have crossing guards at high traffic intersections  Alley way next to Adams Elementary School is poorly maintained  Support for removal of trees that cause sidewalk eruption  Intersections with deep potholes flood during heavy raining/melted snow  Vehicles are broken into frequently but victims do not always report the crime because often no arrest is made (leaving people with little confidence in the 911 reporting system)  Cameras do not always ensure an arrest will be made  Scammers that go home to home  Theft of mail  School lock-down procedures for active shooter situations  Parents need to know how their children will be protected from violence while on school premises  Preventing students from carrying weapons onto school premises  Sidewalks on McKinley are so bad they’re dangerous  Working to improve sidewalk infrastructure better in all areas is important  The City shouldn’t recreate another plan similar to Gang Free Initiative (nor fund it)  Is there anything being done in the schools to teach about active shooter situations?  Pass ordinance that requires housing developers to construct sidewalks on both sides of street  Incentivize police officers to live in the neighborhood/area they are assigned to patrol by covering the cost of housing expenses (for as long as the officer resides in the area he/she patrols) Page 47 of 48     Does the City offer premium pay for bilingual police officers?  Speed bumps shouldn’t make drivers slow down to 5mph or 10mph (it’s excessive)  Grateful for the neighborhood forums on public safety Page 48 of 48    END OF REPORT 97 ORDINANCE NO. 2018 - AN ORDINANCE amending the City of Yakima Municipal Code Chapter 6.20 relating to dangerous and potentially dangerous dogs. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The City of Yakima Municipal Code Chapter 6.20 Animal Control is hereby amended to read as follows: Sections: Chapter 6.20 ANIMAL CONTROL GENERAL REGULATIONS 6.20.010 Definitions. 6.20.020 Enforcement—Animal control officers. 6.20.030 Violation—Penalty. 6.20.040 Abatement of nuisances. 6.20.044 Slaughtering, dressing and butchering of animals and fowl. 6.20.045 Animal husbandry as nonconforming use. 6.20.046 Poultry at large. 6.20.047 Stock at large. 6.20.048 Interfering with dog guide or service animal. 6.20.050 Enforcement. 6.20.060 Severability. REGISTRATION AND DOG LICENSING 6.20.070 Dog registration and license—Required. 6.20.080 Dog registration and license—Application. 6.20.090 Vaccination required for dog registration and license. 6.20.100 Dog registration and license—Fees. 6.20.110 Dog registration and license—Applications and renewals. 6.20.120 Incomplete applications. MICROCHIPPING OF DOGS 6.20.125 Microchipping required. HUMAN RESPONSIBILITY FOR DOGS 6.20.130 Control of dogs. 6.20.135 Declaration of dogs as dangerous or potentially dangerous. 6.20.140 Hearing procedure—Dangerous or Potentially Dangerous Dogs. 6.20.141 Permits, Fees, and other Requirements of Potentially6.20.142 Confinement and control of potentially dangerous or dangerous dogs. 6.20.143 Notification of status of potentially dangerous dog. 6.20.144 Confiscation and destruction of potentially dangerous dog. 6.20.145 Possession of dangerous dogs prohibited. 40 6.20.146 Penalty for violation as to potentially dangerous dog—misdemeanor. 6.20.147 Penalty for violation as to dangerous dog—gross misdemeanor. 6.20.148 Directing dog to harass or attack—gross misdemeanor. 6.20.149 Use of dog in illegal activity prohibited—gross misdemeanor. 6.20.150 Dog in estrus at large prohibited. 6.20.160 Restraint within quarantine area. 6.20.170 Abuse of animals prohibited. 6.20.180 Abandonment of animals prohibited. 6.20.190 Confinement in motor vehicle prohibited. 6.20.195 Dog tethering. 6.20.200 Pet animals—Taking, concealing, injuring, killing, etc.—Penalty. 6.20.210 Removal of dog waste from public areas. 6.20.220 Keeping in nauseous manner. 6.20.230 Injury to property. 6.20.240 Rabies inoculation required—Exception. 6.20.250 Jumping and barking at pedestrians. 6.20.270 Presumption of ownership. 6.20.280 Barking dogs prohibited. 6.20.290 Dog bites to be reported. IMPOUNDMENT 6.20.300 Impoundment. 6.20.305 Interference with impounding. 6.20.310 Notice of impoundment. 6.20.320 Redemption of impounded animals --Exception. 6.20.330 Injured or diseased animals. KENNELS 6.20.350 Kennel license—Requirements. 6.20.360 Kennel license—Application. 6.20.370 Kennel license—Fees and late penalties. 6.20.380 Kennel license—Inspection of facilities. 6.20.390 Kennel license—Display. 6.20.400 Kennel license—Expiration and renewal. 6.20.410 Kennel license—Revocation, denial or refusal to renew. 6.20.420 Kennel license—Records required. 6.20.430 Vaccination required. PROBLEM PET OWNERS 6.20.500 Problem pet owners—Defined.6.20.510 Problem pet owners—Revocation of license. 6.20.520 Confinement of pets owned by a problem pet owner. 6.20.530 Problem pet owner—Hearing procedure—Revocation of license. 6.20.540 Possessing, harboring, or owning animal by problem owner --Misdemeanor. PENALTIES 6.20.600 Penalties. 2 EXEMPTION 6.20.700 Exemption. GENERAL REGULATIONS 6.20.010 Definitions. 41 The following words and phrases used or referred to in this chapter shall have the following meanings unless a different meaning appears from the context: 1) "Adult dog" means any dog having a set of permanent canine teeth, or older than six months of age. 2) "Aggressive behavior' means any physical contact between a dog and a person, where said person feels threatened, that includes, but is not limited to, any of the following snarling, baring teeth, chasing, growling, snapping, pouncing, lunging, multiple attacks, multiple lunges, not to include bites. 3) "Animal" means any dog, cat, exotic, wild or dangerous animal or livestock. 4) "Animal owner" means any person or legal entity having a possessory property right in an animal or who provides food, water, shelter or a person who owns, harbors, cares for, exercises control over or knowingly permits any animal to remain on premises occupied by that person for more than seventy-two hours. 5) "Animal shelter' means a facility operated by the Humane Society or any other facility that contracts with the City to provide for the care of animals impounded or detained by an animal control officer or released to an animal control officer under this chapter. (4) "At large" means off the premises of the owner or keeper of the animal, and not under restraint by leash or chain eight feet in length or shorter subject to the actual control of a capable person.. Exceptions: "At large" does not include: A) Dogs exhibited in dog shows, field trials, obedience training or trials, or the training of dogs therefor; or B) The use of a dog under the supervision of a person either to hunt wild animals or game birds during the open seasons therefor, or to chase or tree predatory animals; or C) The use of a dog either to control or protect livestock or property or in other related agricultural activities under the supervision of the dog owner. D) Dogs off -leash at any designated off -leash dog park. 6) "Bitten" means to seize with teeth or jaws so as to enter, grip, wound or pierce, which causes a breaking of the skin, causing an exchange or transfer of saliva. 7) "Board" means the city of Yakima city council. 8) "Capable person" means any person who is physically able to control and restrain an animal and who as the capacity to exercise sound judgment regarding the rights and safety of others. 9) "County" means the unincorporated area of Yakima County, Washington C] 42 10) "Dangerous dog" means any dog that A. Unprovoked, inflicts severe injury on or kills a human being on public or private property; or B. Unprovoked and while off the owner's property, either kills a domestic animal or inflicts injuries requiring a domestic animal to be euthanized; or C. While under quarantine bites a person or domestic animal; or D. Was previously declared to be a potentially dangerous dog, the owner having received notice of such declaration, and the dog is again found to have engaged in potentially dangerous dog behavior; or E. Is owned or harbored primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or F. Unprovoked, attacks a "dog guide" or "service animal" as defined in Chapter 70.84 RCW and inflicts injuries that render the dog guide or service animal to be permanently unable to perform its guide or service duties. 11) "Department" means the city of Yakima animal control department. 12) "Domestic animal" means a tame animal living in the home or on the property, and which is also a type of animal commonly used by people for companionship, work, or as a food source. 13) "Head of the household" means any person who owns, leases or otherwise controls any private premises. 14) "Kennel" means a building, enclosure or portion of any premises in or at which dogs, cats or other domesticated animals are boarded or kept for hire, or in or at which dogs, cats or other domesticated animals are kept or maintained by any person other than the owner thereof, or in or at which six or more cats or four or more dogs over the age of four months are kept or maintained. This definition shall include boarding kennels, but not pet shops, animal hospitals, or zoos. 15) "Litter" means two or more viable offspring. 16) "Livestock" means cattle, sheep, horses, llamas, buffalo, deer, elk, rabbits, mules, donkeys, goats, swine, fowl, poultry and any fur -bearing animal bred and maintained commercially or otherwise within pens, fences, cages or hutches. 17) "Microchip" means a device implanted for identification purposes and registered in the Humane Society of Central Washington database. 18) "Nuisance" means any unlawful act, or failure to perform a duty, which act or failure either annoys, injures or endangers the comfort, repose, health or safety of other persons, or interferes with other persons' use of property. 19) "Permit" means and includes human conduct that is intentional, deliberate, careless, inadvertent or negligent in relation to any animal owned by the person. 20) "Person" means any individual, natural person, association, firm, partnership, corporation or other legal entity. El 43 21) "Physical injury" means impairment of physical condition or substantial pain which is directly caused by a dog's behavior, and includes scratches, scrapes, cuts, punctures, bruises, or other evidence of physical injury. 22) "Potentially dangerous dog" means any dog which: A) Unprovoked, bites or injures a human or domestic animal on public or private property; or B) Unprovoked, chases or approaches a person or domestic animal upon any public or private property in a menacing fashion or apparent attitude of attack, which may include but is not limited to any one or more of the following behaviors: snarling, baring teeth, growling, snapping, pouncing, lunging, attacking, or attempting to bite; or C) Has a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of humans or domestic animals. Under subsections 6.20.010(20)(A) and (B), it shall be an affirmative defense to a potentially dangerous dog designation that a human over the age of 13 or a domestic animal bitten, chased, or menaced by the dog in question was on the property of the owner of said dog without such owner's permission. (21) "Premises" means the area of land to which a person has legal or equitable rights of possession, use and control. 23) "Proper enclosure" means a securely 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 animal. An animal that is securely confined indoors is also within a "proper enclosure." 24) "Quarantine area" means any area defined by, but not limited to, a veterinarian, physician, public health official or animal control officer, where, for a specified period of time, a dog is to be kept separated from other animals or people. 25) "Secure dog shelter' means a dog shelter that agrees to accept a dog and that agrees to the following conditions: A) Not to release the dog from the shelter for the rest of the dog's natural life; B) Not to allow the dog to come into contact with the general public for the rest of the dog's natural life; C) To indemnify and hold the City harmless from any and all future liability including any and all claims, demands, damages, liabilities, causes, suits or action of any kind or nature whatsoever relative to past or future care and custody of the dog and to the dog's future behavior; D) To notify the City if the shelter goes out of business or can no longer keep the dog and to abide by the City's disposition instructions. 26) "Securely enclosed and locked" means a pen or structure which has secure sides and a secure top suitable to prevent the entry of young children and designed to prevent the animal from escaping. If the pen or structure has no bottom secured to the sides, then the sides must be embedded in the ground no less than one foot. 5 44 27) "Serious physical injury" means any physical injury which creates a substantial risk of death or causes permanent loss or protracted impairment of any bodily organ or function, or substantial disfigurement. 28) "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. 29) "Tag" means a prenumbered metal or plastic identification license sold to an owner/custodian for a specific pet animal. Rabies identification or other identification may not be substituted or accepted in lieu of a license tag. 30) "Tattoo" means a predesignated identification number inked into the inside of the ear, lip or flank of the dog. 31) "Unconfined" means not securely confined indoors or in a securely enclosed and locked pen or structure upon the premises of the person owning, harboring, or having the care of the animal. Ord. 2005-69 § 1 (part), 2005). 6.20.020 Enforcement—Animal control officers. 1) Law enforcement agencies and animal control officers may enforce the provisions of Chapter 6.20 of the city of Yakima Municipal Code. 2) Animal control officers enforcing this chapter shall comply with the same constitutional and statutory restrictions concerning the execution of police powers imposed on law enforcement officers who enforce other criminal laws of the state of Washington. 3) Upon receiving a limited commission from the chief of police, animal control officers have the following enforcement powers when enforcing Chapter 6.20 of the city of Yakima Municipal Code: A) The power to issue citations based on probable cause to offenders for misdemeanor and gross misdemeanor violations of Chapter 6.20 of the city of Yakima Municipal Code; B) The power to prepare affidavits in support of search warrants and to execute search warrants when accompanied by law enforcement officers to investigate criminal violations of Chapter 6.20 of the city of Yakima Municipal Code, and to seize evidence of those violations. C) The power to pursue animals running at large onto city -owned property, vacant property, and unenclosed private property and seize, remove, and impound the same. (4) Upon request of an animal control officer who has probable cause to believe that a person has violated provisions of YMC 6.20.170, a law enforcement agency officer may arrest the alleged offender. (Ord. 2005-69 § 1 (part), 2005). 6.20.030 Violation—Penalty. It is unlawful for any person to violate any provision of this chapter. Any person violating any of the provisions of this chapter shall be guilty of a civil infraction, except where a violation is specifically designated as a misdemeanor or gross misdemeanor, and therefore subject to criminal fines and penalties if convicted. Any violation of this chapter may result in the animal being impounded, and/or destroyed by order of the court. (Ord. 2005-69 § 1 (part), 2005). C. 45 6.20.040 Abatement of nuisances. Violations of this chapter are deemed public nuisances. Any person violating any provision of this chapter may be enjoined from continued violations or ordered to abate such public nuisance, and if the same is not done by such offender within twenty-four hours thereafter, the same shall be abated and removed under the direction of the officer authorized by the order of the court. Such injunction may be in addition to the civil penalties provided as a part of the disposition in the civil prosecution or in an independent action in equity, and the violator shall be liable for all costs and expenses of abating the same. (Ord. 2005-69 § 1 (part), 2005). 6.20.044 Slaughtering, dressing and butchering of animals and fowl. No person shall slaughter, dress or butcher any fowl or animal so as to unreasonably expose such act or acts to the view of any person on public or private property. This section does not apply when the conditions of YMC 6.20.045 are met. (Ord. 2009-28 § 2, 2009: Ord. 2007-18 § 2, 2007: Ord. 2005-69 § 1 (part), 2005). 6.20.045 Animal husbandry as nonconforming use. 1) When an animal husbandry operation is approved as a nonconforming use pursuant to Title 15 of the Yakima Municipal Code, the slaughter of animals may continue when the following conditions are met: A) The slaughter of the animal is performed by a licensed professional butcher; and B) If the slaughtering of the animal involves the discharge of a firearm, notice shall be provided to the Yakima police department at least two hours prior to the discharge of the firearm. The notice shall be made by phone to the Yakima police department nonemergency number and shall include the location of the discharge, the approximate time of the discharge, and the name of the professional butcher who will be discharging the firearm. 2) This section is meant to be an exception to YMC 6.20.044, which prohibits the slaughtering of animals within public or private property view, and YMC 6.44.020, which prohibits the discharge of a firearm within the city of Yakima. (Ord. 2009-28 § 3, 2009). 6.20.046 Poultry at large. It is unlawful for any person who, as an owner of ducks, geese, turkeys, chickens or other poultry, permits the same to run at large in the city of Yakima. A violation of this section is a misdemeanor. (Ord. 2015-021 § 5, 2015: Ord. 94-22 § 15, 1994: Ord. A-236 § 1(43), 1917. Formerly 6.04.230). 6.20.047 Stock at large. It is unlawful for any person owning or having the care of any horse, cattle, mules, sheep, goats, hogs or any other kind of livestock to permit or suffer the same to go at large or stop to feed or graze on any street, alley or public square within the corporate limits of the city of Yakima. A violation of this section is a misdemeanor. (Ord. 2015-021 § 7, 2015: Ord. A-236 § 1(53), 1917. Formerly 6.04.280). 6.20.048 Interfering with dog guide or service animal. 7 46 1. (a) Any person who has received notice that his or her behavior is interfering with the use of a dog guide or service animal who continues with reckless disregard to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or his or her dog guide or service animal is guilty of a misdemeanor, except that for a second or subsequent offense it is a gross misdemeanor. b) Any person who, with reckless disregard, allows his or her dog to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or his or her dog guide or service animal is guilty of a misdemeanor, except that for a second or subsequent offense it is a gross misdemeanor. 2. (a) Any person who, with reckless disregard, injures, disables, or causes the death of a dog guide or service animal is guilty of a gross misdemeanor. b) Any person who, with reckless disregard, allows his or her dog to injure, disable, or cause the death of a dog guide or service animal is guilty of a gross misdemeanor. 3. (a) In any case in which the defendant is convicted of a violation of this section, he or she shall also be ordered to make full restitution for all damages, including incidental and consequential expenses incurred by the dog guide or service animal user and the dog guide or service animal which arise out of or are related to the criminal offense. b) Restitution for a conviction under this section shall include, but is not limited to: i) The value of the replacement of an incapacitated or deceased dog guide or service animal, the training of a replacement dog guide or service animal, or retraining of the affected dog guide or service animal and all related veterinary and care expenses; and ii) Medical expenses of the dog guide or service animal user, training of the dog guide or service animal user, and compensation for wages or earned income lost by the dog guide or service animal user. 4) Nothing in this section shall affect any civil remedies available for violation of this section. 5) For purposes of this section, the following definitions apply: a) "Dog guide" means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing-impaired persons. b) "Service animal" means an animal that is trained for the purposes of assisting or accommodating a disabled person's sensory, mental, or physical disability. c) "Notice" means a verbal or otherwise communicated warning prescribing the behavior of another person and a request that the person stop their behavior. d) "Value" means the value to the dog guide or service animal user and does not refer to cost or fair market value. (Ord. 2015-021 § 6, 2015; Ord. 2002-41 § 1, 2002. Formerly 6.04.240). 6.20.050 Enforcement. The department shall not be required to enforce provisions of this chapter except by a written or verbal complaint of a person who has satisfactorily identified himself to the department and has either supplied the name and address of the dog owner or has supplied the fact that the dog 3 47 does not have an owner. Enforcement thereafter is a matter within the discretion of the department. (Ord. 2005-69 § 1 (part), 2005). 6.20.060 Severability. Should any section or provision of the ordinance codified in this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. Ord. 2005-69 § 1 (part), 2005). REGISTRATION AND DOG LICENSING 6.20.070 Dog registration and license—Required. All adult dogs within the incorporated area of the city of Yakima shall be registered with and licensed by the department or its designee at all times; provided, however, that a license issued by other governments located in Yakima County shall be valid under the provisions of this chapter until the last day of December for the current year; and provided, further, that dogs kept under a kennel license pursuant to this chapter shall be exempt from the provisions of this section; provided, further, that dogs kept at the Humane Society under RCW Chapter 16.52 shall be exempt from licensing. All dogs kept at any Humane Society are required to be licensed upon being sold or adopted. (Ord. 2005-69 § 1 (part), 2005). 6.20.080 Dog registration and license—Application. The person registering and licensing a dog shall submit to the department or its designee the following information: 1) The name, date of birth, physical and mailing addresses and telephone number of the owner of the dog being registered; 2) The name, date of birth, physical and mailing addresses and telephone number of the person having custody of the dog, if such person is one other than the owner; 3) The name, age, breed, color and sex of the dog being registered, and whether or not such dog has been neutered or spayed; 4) Distinguishing features, markings, or tattoos of the dog being registered; 5) The address of the premises where the dog is ordinarily kept or maintained; 6) For dogs over four months of age, the identifying microchip number as required in section 6.20.125. 7) A certificate of a veterinarian indicating the last date on which the dog received an initial or booster vaccination against the disease of rabies, along with the expiration date of such vaccination. Should the dog be unable to be immunized against rabies for medical reasons, the signed statement of a veterinarian shall be accepted as proof in lieu of the rabies vaccination certificate. If the owner is unable to produce a certification by veterinarian as to the rabies vaccination, the owner's certification under oath that the dog has had a rabies vaccination may be accepted. (Ord. 2005-69 § 1 (part), 2005). 6.20.090 Vaccination required for dog registration and license. 9 48 As a prerequisite to licensing, any dog four months of age or older shall be currently vaccinated against the disease of rabies. (Ord. 2005-69 § 1 (part), 2005). 6.20.100 Dog registration and license—Fees. The fee for initial or renewed registration and licensing of any dog shall be: 1) For dogs which have been spayed or neutered, fifteen dollars for a license valid for one year and twelve dollars for a renewal thereof for a like period. Proof of a dog having been either spayed or neutered shall be by certificate from a veterinarian or, if such is unavailable, a statement from the owner under oath, certifying that the dog for which a license application is made is either a spayed female or a neutered male. 2) For dogs which have not been spayed or neutered, forty dollars for a license valid for one year and thirty dollars for renewal thereof for a like period. 3) The registration and license fee amount shall be deposited into the dog control fund. 4) No license fee shall be charged to an owner who is legally blind and uses such dog as a guide dog, or to a deaf person who uses such dog as a hearing -ear dog, or to an owner who has been determined to be disabled pursuant to 42 U.S.C. Section 1382 (supplemental security income) and uses such dog as a support dog. The license shall be valid for the life of the dog. 5) No license fee shall be charged to city police and fire agencies for canine support animals. 6) Dogs that are spayed or neutered and owned by persons over the age of sixty-two years may be registered and licensed for twenty-five dollars. Dogs that are not spayed or neutered and owned by persons over the age of sixty-two years may be registered and licensed for thirty dollars. The license shall be valid for the life of the dog or until transfer of ownership of the animal. 7) The fee for replacement tags shall be five dollars. 8) The board may provide for optional registration of dogs by other suitable parties, in which case an agent fee of three dollars shall be added to the licensing fee. (Ord. 2009-61 1, 2009: Ord. 2007-58 § 1, 2007: Ord. 2005-69 § 1 (part), 2005). 6.20.110 Dog registration and license—Applications and renewals. Applications for registration and license issuance shall be made within a timely manner as listed in the conditions set forth below: 1) Applications for registration renewal shall be made between the first day of January and the last day of March; 2) In the case of a newly acquired dog, the application shall be made within thirty days of either the date of acquisition or the date when the dog reaches six months of age, whichever comes later; 10 49 3) In the case of a new resident to the city with a licensed or an unlicensed adult dog, the application shall be made within thirty days of establishing residency; 4) In the case of a dog licensed by another jurisdiction within Yakima County, the license shall be valid until the last day of December of the year they established residency in the county. Upon application, certification or submission of proof of immunization and payment of fees by the owner or persons having the custody and control of any adult dog, the department or its designated agent shall issue to the applicant a numbered license identification tag for each dog so registered. The applicant shall ensure that the tag is securely fastened to a substantial collar or harness to be worn at all times by the dog. The absence of the license tag on a dog's collar shall be prima facie evidence that said dog has not been legally licensed. (Ord. 2005-69 § 1 part), 2005). 6.20.120 Incomplete applications. In the event any registration and license applicant fails to provide all required information or fees, the department shall notify such applicant by first-class mail at the mailing address stated on the application or notify applicant by phone of any such deficiency, requesting that any required information or fees be provided to the department within thirty days, and stating that if the required information or fees are not timely received, any fees paid shall be forfeited and the application shall be voided. If any applicant fails to timely provide information requested under this section, a new application and fee shall be required after the thirty days have expired and any tag previously supplied shall be voided. Any fees received by the department for applications that cannot be processed shall be deposited into a special revenue account within the dog control department fund and held in that fund for a period of not less than thirty days after notice of deficiencies in the application is mailed to the applicant or until the required information or fees are received. After thirty days have passed since the applicant was notified of any deficiency, such fees shall become miscellaneous revenues. Any overpayment of fees shall be refunded to the applicant if the request for overpayment refund is made within ninety days of such overpayment. (Ord. 2005-69 1 (part), 2005). MICROCHIPPING OF DOGS 6.20.125 Microchipping required. All dogs over the age of four months must be implanted with an identifying microchip. The owner or custodian is required to provide the microchip number to the department, and shall notify the department and the national registry applicable to the implanted chip, of a change of ownership of the dog, or a change of address or telephone number. The microchip requirements of this section shall not apply to any of the following: 1) A dog with a high likelihood of suffering serious bodily injury if implanted with the microchip identification due to the health conditions of the animal. The owner must obtain written confirmation of that fact from a Washington licensed veterinarian. If the dog can be safely implanted with an identifying microchip at a later date, that date must be stated in the written confirmation; 11 19 2) Where a dog is being held for sale by a retail pet store or for adoption by animal services or an animal welfare organization; 3) The owner of the dog has resided in the city for fewer than 30 days; 3) The dog owner is a not a resident of the city and is staying in the city for fewer than 60 days; 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) Unprovoked, causes physical injury to a human or domestic animal on public or private property; or (B) Unprovoked, chases or approaches a person or domestic animal upon any public or private property in a menacing fashion or apparent attitude of attack, which may include but is not limited to any one or more of the following behaviors: snarling, baring teeth, growling, snapping, pouncing, lunging, attacking, or attempting to bite. Any violation of 6.20.130(2)(A) is a misdemeanor. Any violation of 6.20.130(2)(B) is a civil infraction. Under subsections 6.20.130(2)(A)and (B), it shall be an affirmative defense that a human over the age of 13 or a domestic animal that is injured, chased, or menaced by the dog in question was on the property of the owner of said dog without such owner's permission. 3) Level 3 Behavior. Level 3 behavior occurs when a dog A) Unprovoked, inflicts severe injury on or kills a human being on public or private property; or B) Unprovoked and while off the owner's property, either kills a domestic animal or inflicts injuries requiring a domestic animal to be euthanized; or C) Was previously declared to be a potentially dangerous dog, the owner having received notice of such declaration, and the dog is again found to have engaged in potentially dangerous dog behavior; or. D) Unprovoked, attacks a "dog guide" or "service animal" as defined in Chapter 70.84 RCW and inflicts injuries that render the dog guide or service animal to be permanently unable to perform its guide or service duties. Any violation of 6.20.130(3) is a gross misdemeanor. Ord. 2015-003 § 1 (part), 2015: Ord. 2005-69 § 1 (part), 2005). 6.20.135 Declaration of dogs as dangerous or potentially dangerous—procedure. 1) An animal control officer may classify and declare a dog dangerous or potentially dangerous if the animal control officer has probable cause to believe that the dog falls within the definitions set forth in Section 6.20.010 above. The finding must be based upon: 12 A) The written complaint of a citizen; or B) Any dog bite report filed with the department; or C) Actions of the dog witnessed by any animal control officer or law enforcement officer; or D) Other substantial evidence. 2) The declaration of dangerous dog or potentially dangerous dog shall be in writing and shall be served on the purported owner in one of the following methods: A) Certified and regular mail to the owner's last known address; or B) Personal service on the owner; or C) Personal service upon any person of suitable age and discretion residing at the owner's residence. 3) The declaration shall state at least: A) Description of the dog; B) The name and address of the purported owner of the dog, if known; C) The whereabouts of the dog, if it is not in the custody of the owner; D) A summary of the facts upon which the declaration of dangerous or potentially dangerous dog is based, including the definition of dangerous or potentially dangerous under which the declaration is being made; E) The availability of a hearing in case the person objects to the declaration or determination of purported ownership, if a request is made within ten days of the date of service or mailing; F) A summary of the restrictions placed on the dog as a result of the declaration; and G) A summary of the potential penalties for violation of the restrictions, including the possibility of destruction of the animal and imprisonment or fining of the owner. 6.20.140 Hearing procedure—Dangerous or potentially dangerous dogs. 1) If the purported owner of the dog wishes to contest the declaration that a dog is dangerous or potentially dangerous, he or she may request a hearing before the Yakima Municipal Court by filing a written request for hearing with the Court within ten days of service of the declaration that the dog is dangerous or potentially dangerous. The hearing shall be held within ten days from the filing of the written request for hearing, provided, however, that such hearing may be continued by the Court for good cause. No person other than the dog's owner may object to the declaration.(2) At the hearing, the City shall bear the burden of proving that the dog is dangerous or potentially dangerous by a preponderance of the evidence. 3) Dangerous dogs: 13 52 A) Any dog declared to be dangerous shall, after the exhaustion of any appeal, be humanely euthanized. Upon application of the owner to the Court, however, a dangerous dog may be either (1) sent at the owner's expense to a secure dog shelter and maintained at all times in compliance with RCW Chapter 16.08; or (2) removed from the City and maintained at all times in compliance with RCW Chapter 16.08 at the owner's expense. The owner is responsible for paying all expenses incurred by the City for the care of the animal. The owner shall bear the burden to establish that an animal shelter is available that meets the criteria for a secure dog shelter, that the animal shelter will accept the animal, and that the owner is willing and able to pay all expenses for transporting the animal. B) If the Court finds a dog to be dangerous, the Court shall enter an order so stating and shall direct that the dog be humanely euthanized. The Court will consider directing that a dog be sent to a secure dog shelter or removed from the City and maintained at all times in compliance with Chapter 16.08 RCW only upon request of the owner: i) The owner shall bear the burden to establish (1) that an animal shelter is available that meets the criteria for a secure dog shelter, that the animal shelter will accept the dog, and that the owner is willing and able to pay all expenses for transporting the dog and maintaining the dog; or (2) that the dog can be maintained at all times in compliance with Chapter 16.08 RCW in a location outside the City and that the owner is willing and able to pay all expenses for transporting the dog and maintaining the dog. ii) To meet his or her burden, the owner must provide the Court with (1) proof that all conditions required Chapter 16.08 RCW and all other conditions required by state or local law for maintaining a dangerous animal have been met; (2) written proof that the animal control authority in the jurisdiction to which the animal is being moved has been informed of the relocation; (3) written proof that the animal control authority in the jurisdiction to which the animal is being moved has consented to the relocation; (4) written agreement by the dog's owner to indemnify and hold the City harmless from any and all future liability including any and all claims, demands, damages, liabilities, causes, suits or action of any kind or nature whatsoever relative to past or future care and custody of the animal and to the dog's future behavior. If any of the above requirements are not met, the dog shall not be released and shall be humanely euthanized. The dog's owner is responsible for all boarding expenses between the issuance of the Courts's Order declaring the dog to be dangerous and the time it is determined that the dog will or will not be released to a secure dog shelter or location out of the City. 4) Potentially Dangerous Dogs: If the Court finds the dog is potentially dangerous, the Court shall require the owner to comply with the provisions of this chapter, including that a potentially dangerous dog be microchipped and spayed or neutered at the owner's expense. 5) A conviction for possessing a dangerous dog may not be appealed under this section. 6.20.141 Permits, fees, and other requirements of potentially dangerous dogs. 1) Within ten days following (A) a declaration of potentially dangerous dog, or the exhaustion of any hearing and appeal therefrom, whichever is later, (B) the time from which a dog that has been declared a potentially dangerous dog by any other jurisdiction is brought into the City, or C) an owner purchases a dog that has previously been declared a potentially dangerous dog, the owner of a potentially dangerous dog shall obtain a permit for such dog from the City and shall be required to pay a fee for such permit in the amount of $250, provide proof that the dog is spayed or neutered, implanted with a microchip, and provide the microchip number to the department. 14 53 2) Any potentially dangerous dog is also subject to any additional conditions of confinement set forth in RCW 16.08, as now exists or as may be amended hereafter. 3) The owner of a potentially dangerous dog shall provide proof of either (A) 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 potentially dangerous dog, or (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. 4) The owner of a potentially dangerous dog shall pay an annual renewal fee for such permit in the amount of $50. 5) The owner of a potentially dangerous dog shall allow an annual inspection of a proper enclosure that holds the dog. In addition, the premises where the potentially dangerous dog is to be kept must include a clearly visible warning sign that there is a dangerous dog on the property along with a sign with a warning symbol that informs children of the presence of a dangerous dog. The initial inspection must be completed prior to the issuance of potentially dangerous dog permit. If the proper enclosure is a residence, the inspection shall be limited to the exterior of the residence. Refusal to allow an annual inspection is a violation. An owner who refuses to allow an annual inspection shall have his or her permit revoked and may be fined for each day the inspection is refused. 6) Should the owner of a potentially dangerous dog fail to comply with sections 6.20.141 (1) through 6.20.141(5) herein, the owner may have his or her permit revoked and may be fined up to $500 for each violation. The City is authorized to seize and impound the potentially dangerous dog of any such owner and euthanize said dog pursuant to the procedures set forth in section 6.20.144. The owner is subject to boarding charges as set forth in section 6.20.320, in addition to all penalties set forth in this chapter. 7) The requirements contained in section 6.20.141 are in addition to all registration, vaccination, and other requirements contained in this Chapter. 8) This section also applies to any dog declared dangerous under any prior ordinance and prior to the effective date of this ordinance. 6.20.142 Confinement and control of potentially dangerous or dangerous dogs. 1) When a dog is declared a dangerous dog, the dog may be impounded. Such dog shall be held in the animal shelter or a secure veterinary hospital until a hearing is held to determine the dog's status or the deadline for requesting such a hearing has passed. Upon demand, the owner of a dog that is declared dangerous shall immediately surrender the dog to an animal control officer or police officer. Refusal to surrender a dog that is declared dangerous to an animal control officer or police officer is a gross misdemeanor. 2) (A) When a dog is declared a potentially dangerous dog, the dog may be impounded. The law enforcement or animal control officer may require that such dog be held in the animal shelter or a secure veterinary hospital until a hearing is held to determine the animal's status and/or ownership or the deadline for requesting such a hearing has passed. If a dog declared potentially dangerous is not impounded, the owner shall comply with all 15 54 requirements imposed by the department. The owner of a dog that is declared potentially dangerous shall immediately surrender the dog to an animal control officer or police officer upon the order of that officer. Refusal to surrender a dog that is declared potentially dangerous to an animal control officer or police officer is a misdemeanor. B) From the date of initial declaration of potentially dangerous dog by an animal control officer, unless and until said declaration shall be rescinded, the owner must keep the dog confined in a proper enclosure that is securely enclosed and locked, unless the dog is securely leashed and humanely muzzled or otherwise securely restrained. 3) From the date of initial declaration of potentially dangerous dog an animal control officer, unless and until said declaration shall be rescinded and the restrictions imposed thereby annulled, it shall be unlawful for any person to allow or permit such dog to: A) Be unconfined on the premises of such person; or B) Go beyond the premises of such person unless such dog is securely leashed using a chain leash and humanely muzzled or otherwise securely restrained. C) The department may impose any additional restrictions contained in RCW 16.08 for dangerous or potentially dangerous dogs, as now exists or as may be amended hereafter. 4) Any potentially dangerous dog may be confiscated by the City if the dog is not confined as set forth herein. The owner is subject to boarding charges as set forth in section 6.20.320, in addition to all penalties set forth in this chapter. 5) These requirements take effect immediately upon notification that the dog is declared potentially dangerous and remain in force during any appeal of a declaration that a dog is potentially dangerous. 6) This section also applies to any dog declared potentially dangerous under any prior ordinance and prior to the effective date of this ordinance. Any dog declared dangerous prior to the effective date of this ordinance must comply with all conditions imposed by the department. 6.20.143 Notification of status of potentially dangerous dog. 1) The owner shall immediately notify the department, via phone, when a dog which has been classified as a potentially dangerous dog is at large. 2) The owner shall immediately notify the department, in writing, when a dog which has been classified as a potentially dangerous dog is at large. A) Is sold, given away, or dies; or B) Is moved to another address. 3) Prior to a potentially dangerous dog's being sold or given away, the owner shall provide the name, address, and telephone number of the prospective new owner to the department. 4) This section also applies to any dog declared dangerous under any prior ordinance and prior to the effective date of this ordinance. 5) Any person desiring to bring a dog to live in the City which has been previously declared to be potentially dangerous, vicious, or similar designation in another jurisdiction, must notify the department prior to moving the dog to the City. The person must provide all information 16 55 requested by the department and must comply with all restrictions imposed by the department. There is no right to bring into the City a dog that has been the subject of a declaration or similar process in another jurisdiction and the department will determine whether such a dog will be licensed and permitted to reside in the City. If the department determines that the dog's behavior that led to another jurisdiction's determination that the dog is potentially dangerous, dangerous, vicious, or similar designation would lead to a declaration as a dangerous dog under the municipal code in effect at the time of the proposed move, it shall not permit the dog to be licensed or to remain in the City and shall notify the dog's owner, either personally or via mail at the address provided by the owner. 6) Any person knowingly bringing a dog into the City or failing to remove a dog from the City after the department has notified the person that the dog is not allowed in the City is guilty of a gross misdemeanor. 7) Any person who fails to notify the department that he or she has brought a dog covered by subsections 6.20.143(5) or (8) into the City is guilty of a misdemeanor. 8) Any person visiting the City with a dog which has been previously declared to be potentially dangerous, dangerous, vicious, or similar designation in another jurisdiction, must notify the department and obtain permission to do so, prior to bringing the dog into the City and must comply with all the requirements of this code. 6.20.144 Confiscation and destruction of potentially dangerous dog. Any dangerous dog or potentially dangerous dog may be immediately confiscated by the City if: 1) The dog is not validly registered under this chapter or RCW 16.08; 2) The owner does not maintain liability insurance coverage as required for dangerous dogs in RCW 16.08.080; 3) The dog is unconfined; 4) The dog is outside of the dwelling of the owner and not under adequate physical restraint of a responsible person; or 5) The owner fails to comply with any of the provisions of this chapter. Any potentially dangerous dog confiscated pursuant to this chapter shall be returned to the owner upon the owner's compliance with this chapter. However, if the owner does not comply with the provisions of this chapter within 72 hours following confiscation of said dog, and the owner does not redeem said dog, said dog shall be euthanized in an expeditious and humane manner, except as otherwise specifically provided in this chapter. The owner is subject to boarding charges as set forth in Section 6.20.320, in addition to all penalties set forth in this chapter. This section also applies to any dog declared dangerous under any prior ordinance and prior to the effective date of this ordinance. 6.20.145 Possession of dangerous dogs prohibited. The possession of dangerous dogs is prohibited unless said dog is boarded in accordance with subsection 6.20.140(3), or brought into the City with permission of the department in accordance with subsection 6.20.143(8). 17 M 6.20.146 Penalty for violation as to potentially dangerous dog—misdemeanor. Unless otherwise specifically stated, any violation of this chapter as to a potentially dangerous dog is a misdemeanor. 6.20.147 Penalty for violation as to dangerous dog—gross misdemeanor. Unless otherwise specifically stated, any violation of this chapter as to a dangerous dog is a gross misdemeanor. 6.20.148 Directing dog to harass or attack—gross misdemeanor. It shall be unlawful for any person having control or custody of any dog to direct, encourage, cause, allow, or otherwise aid or assist any dog to threaten, charge at, bite, harass, menace, or attack any person within the City. Any such animal may be seized and impounded. Any violation of this section is a gross misdemeanor. It shall be an affirmative defense to any prosecution under this section that the defendant acted in self-defense. 6.20.149 Use of dog in illegal activity prohibited—gross misdemeanor. No person shall keep, maintain, control, or retain custody of any dog in conjunction with or for the purpose, whether in whole or in part, of aiding, abetting, or conducting any illegal activity or committing any crime within the City. Any such animal may be seized and impounded. Any violation of this section is a gross misdemeanor 6.20.150 Dog in estrus at large prohibited. It is unlawful for any person to permit a female dog in estrus, also known as being in season or in heat, to be accessible to any male dog not owned by the female dog's owner, except by the agreement of the owners of both the male and female dogs for the purpose of controlled breeding for the betterment of the breed. (Ord. 2005-69 § 1 (part), 2005). 6.20.160 Restraint within quarantine area. Any dog or other animal that inflicts a bite upon a human or domestic animal, or which an animal control officer has probable cause to believe is carrying or infected by a disease which threatens the health of human beings or other animals, may be quarantined by an animal control officer. At the discretion of the animal control officer, the dog or other animal may be quarantined either at the animal owner's residence or at the city animal shelter. The quarantine shall be for a minimum of ten days and may be extended by the animal control officer for a reasonable period necessary to ensure the dog or other animal is free of infectious disease. Notwithstanding any other provision of this code, a dog or other animal that is determined by a veterinarian licensed under RCW Chapter 18.92 to carry a disease that threatens the health of human beings or other animals may be immediately destroyed where such action is necessary to protect the health of human beings or other animals. It is unlawful for any person to permit any dog to leave the confines of any quarantine area. A violation of this section is a misdemeanor. (Ord. 2005-69 § 1 (part), 2005). 6.20.170 Abuse of animals prohibited. 18 57 1) A person is guilty of animal cruelty if, under circumstances not amounting to a violation of RCW 16.52.205, the person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon any animal. 2) An owner of an animal is guilty of animal cruelty if, under circumstances not amounting to a violation of RCW 16.52.205, the owner knowingly, recklessly, or with criminal negligence: A) Fails to provide the animal with necessary food, water, shelter, rest, sanitation, ventilation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure; or B) Abandons the animal. 3) Animal cruelty is a misdemeanor. 4) In any prosecution of animal cruelty, it shall be an affirmative defense, if established by the defendant by a preponderance of the evidence, that the defendant's failure was due to economic distress beyond the defendant's control. 5) If a law enforcement officer or animal control officer has probable cause to believe that an owner of a domestic animal has violated this chapter and no responsible person can be found to assume the animal's care, the officer may authorize, with a warrant, the removal of the animal to a suitable place for feeding and care, or may place the animal under the custody of an animal care and control agency. In determining what is a suitable place, the officer shall consider the animal's needs, including its size and behavioral characteristics. An officer may remove an animal under this subsection without a warrant only if the animal is in an immediate life-threatening condition. 6) If a law enforcement officer or an animal control officer has probable cause to believe a violation of this chapter has occurred, the officer may authorize an examination of a domestic animal allegedly neglected or abused in violation of this chapter by a veterinarian to determine whether the level of neglect or abuse in violation of this chapter is sufficient to require removal of the animal. This section does not condone illegal entry onto private property. 7) Any owner whose domestic animal is removed pursuant to this chapter shall be given written notice of the circumstances of the removal and notice of legal remedies available to the owner. The notice shall be given by posting at the place of seizure, by delivery to a person residing at the place of seizure, or by registered mail if the owner is known. In making the decision to remove an animal pursuant to this chapter, the officer shall make a good faith effort to contact the animal's owner before removal. 8) The agency having custody of the animal may euthanize the animal or may find a responsible person to adopt the animal not less than fifteen business days after the animal is taken into custody. A custodial agency may euthanize severely injured, diseased, or suffering animals at any time. An owner may prevent the animal's destruction or adoption by: (a) petitioning the Yakima municipal court for the animal's immediate return subject to court - imposed conditions, or (b) posting a bond or security in an amount sufficient to provide for the animal's care for a minimum of thirty days from the seizure date. If the custodial agency still has custody of the animal when the bond or security expires, the animal shall become the agency's property unless the court orders an alternative disposition. If a court order prevents the agency from assuming ownership and the agency continues to care for the animal, the court shall order the owner to renew a bond or security for the agency's continuing costs for the animal's care. 19 58 9) If no criminal case is filed within fourteen business days of the animal's removal, the owner may petition the Yakima municipal court for the animal's return. The petition shall be filed with the court, with copies served to the law enforcement or animal care and control agency responsible for removing the animal and to the prosecuting attorney. If the court grants the petition, the agency which seized the animal must deliver the animal to the owner at no cost to the owner. If a criminal action is filed after the petition is filed but before the animal is returned, the petition shall be joined with the criminal matter. 10) In a motion or petition for the animal's return before a trial, the burden is on the owner to prove by a preponderance of the evidence that the animal will not suffer future neglect or abuse and is not in need of being restored to health. 11) Any authorized person treating or attempting to restore an animal to health under this chapter shall not be civilly or criminally liable for such action. (Ord. 2005-69 § 1 (part), 2005). 6.20.180 Abandonment of animals prohibited. It is unlawful for any person to leave any animal unattended for more than twenty-four hours without adequate care, including without limitation water, food, shelter, sanitation, ventilation, rest and medical attention. (Ord. 2005-69 § 1 (part), 2005). 6.20.190 Confinement in motor vehicle prohibited. It is unlawful for any person to leave any animal confined within or on a motor vehicle at any location under such conditions as may endanger the health or well-being of the animal, including without limitation conditions involving dangerous temperature, lack of food, water or attention. (Ord. 2005-69 § 1 (part), 2005). 6.20.195 Dog tethering. RCW 16.52.350 is adopted by reference. 6.20.200 Pet animals—Taking, concealing, injuring, killing, etc.—Penalty. 1) Any person who, with intent to deprive or defraud the owner thereof, does any of the following shall be guilty of a gross misdemeanor and shall be punished as prescribed under YMC 6.02.050(B) and by a mandatory fine of not less than five hundred dollars per pet animal except as provided by subsection (1)(D) of this section: A) Takes, leads away, confines, secrets or converts any pet animal, except in cases in which the value of the pet animal exceeds two hundred fifty dollars; B) Conceals the identity of any pet animal or its owner by obscuring, altering, or removing from the pet animal any collar, tag, license, tattoo, or other identifying device or mark; C) Willfully or recklessly kills or injures any pet animal, unless excused by law; D) Nothing in this subsection shall prohibit a person from also being convicted of separate offenses under RCW 9A.56.030, 9A.56.040, 9A.56.050, or equivalent local ordinance for theft or under RCW 9A.56.150, 9A.56.160, 9A.56.170, or equivalent local ordinance for possession of stolen property. 20 7 2) The sale, receipt, or transfer of each individual pet animal in violation of this section constitutes a separate offense. 3) The provisions of this section shall not apply to the lawful acts of any employees, agent, or director of any Humane Society, animal control agency, or animal shelter operated by or on behalf of any government agency operating under law. (Ord. 2005-69 § 1 (part), 2005). 6.20.210 Removal of dog waste from public areas. It is unlawful for the owner or other person with custody of a dog to fail to remove any feces excreted by the dog from any public place not designed to receive dog waste, including without limitation streets, sidewalks, parking strips and public parks, or any private place off the dog owner's premises. (Ord. 2005-69 § 1 (part), 2005). 6.20.220 Keeping in nauseous manner. It is 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 nauseous, foul or offensive, and any such animal or fowl or condition or manner of maintenance is declared to be a nuisance. (Ord. 2005-69 § 1 (part), 2005). 6.20.230 Injury to property. It is unlawful for any person owning or having the control of any dog 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 is declared to be a nuisance and may be seized and impounded as provided in this chapter. (Ord. 2005-69 § 1 (part), 2005). 6.20.240 Rabies inoculation required—Exception. No person may keep any adult dog unless that dog has been inoculated against rabies, unless the dog has, for medical reasons stated in writing by a licensed veterinarian, been specifically exempted from rabies inoculation. (Ord. 2005-69 § 1 (part), 2005). 6.20.250 Jumping and barking at pedestrians. It is unlawful for any person to keep or harbor any dog or animal that frequently or habitually snarls and growls at or snaps or jumps upon or threatens persons lawfully upon the public sidewalks, streets, alleys or public places of the city of Yakima, and the same is declared to be a nuisance, and any such dog or other animal may be seized or impounded as provided in this chapter. (Ord. 2005-69 § 1 (part), 2005). 6.20.270 Presumption of ownership. The owner or rightful occupant of any premises is presumed to own any dog kept at the premises. (Ord. 2005-69 § 1 (part), 2005). 6.20.280 Barking dogs prohibited. 1) It is unlawful for any person in control of premises to keep, harbor or maintain thereon any dog or dogs which individually or together habitually bark, growl, yelp, howl or whine so loudly and for such a duration of time as to unreasonably disturb the peace, quiet, comfort and repose of others within the city of Yakima. Any such dog or dogs shall be declared a nuisance and may 21 M be seized and impounded if such disturbance reoccurs after the person in control of the premises has received two prior warnings within a period of six months from any law enforcement or animal control officer of the city. 2) It shall be an affirmative defense to subsection (1) of this section that the howling, yelping, barking or other noise complained of was by a guard dog or watch dog which was responding to intruders, trespassers or other persons entering onto or near the premises of the dog owner. Ord. 2005-69 § 1 (part), 2005). 6.20.290 Dog bites to be reported. Any person who is bitten by a dog, or who otherwise is exposed to dog saliva through an open wound on the person, or any doctor, veterinarian or hospital employee having information that a person has been bitten by a dog or has otherwise been exposed to dog saliva through an open wound within the city of Yakima shall notify the department of such bite or exposure, giving the description of the dog, the name and address of the owner, and the location of the incident, if known to said person. (Ord. 2005-69 § 1 (part), 2005). IMPOUNDMENT 6.20.300 Impoundment. Dogs found or reasonably believed to be kept in violation of this chapter or Chapter 6.18 may be impounded by the department. If impounded, a dog shall not be redeemed until it has been microchipped at the owner's expense; provided, that if a complaint identifying the dog owner of a dog at large, a barking dog or an unlicensed dog is received and the dog owner can be immediately located, the dog shall be left with the dog owner, and a summons and notice to appear in regard to the violation may be issued to such dog owner. (Ord. 2007-11 § 3, 2007: Ord. 2005-69 § 1 (part), 2005). 6.20.305 Interference with impounding. It is unlawful for any person in control of premises to refuse to surrender to any law enforcement or animal control officer of the city of Yakima any dog or dogs sought to be confiscated or impounded under the provisions of this chapter or Chapter 6.18 of the city of Yakima Municipal Code. A violation of this section is a misdemeanor. (Ord. 2007-11 § 4, 2007: Ord. 2005-69 § 1 (part), 2005). 6.20.310 Notice of impoundment. Upon impoundment of any dog or other animal, 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 applicable. 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 at the Humane Society of Central Washington. The impoundment of dangerous or potentially dangerous dogs is subject to the notification requirements in section 6.20.143. 22 M The impoundment of animals due to an individual being declared a problem pet owner as defined in YMC 6.20.500 is subject to the notification requirements of YMC 6.20.510.(Ord. 2005-69 § 1 (part), 2005). 6.20.320 Redemption of impounded animals—Exception. 1) Subject to the provisions in this section the owner or owner's agent of any dog, excluding dogs declared dangerous, or other animal impounded pursuant to this chapter or Chapter 6.18 of this title may redeem the impounded dog or animal within seventy two hours, exclusive of Sundays and holidays, after notice of the impoundment is given pursuant to YMC 6.20.310, except that the redemption of potentially dangerous dogs is subject to the requirements of sections 6.20.140 through 6.20.144. 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 fifty dollars for the first impoundment of the same dog during any twelve-month period; and the redemption fee shall increase by increments of twenty-five 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, excluding dogs declared dangerous, or other animal desires to contest the validity of the impoundment, the impounded dog or other animal nevertheless may be redeemed—subject to the additional requirements of 6.20.141 for any dog declared potentially dangerous—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 service of a copy of the petition for a hearing filed by the owner with Yakima Municipal Court to contest the impound and/or designation of a dog as dangerous or potentially dangerous . The petition shall be in the form set forth in subsection (8) of this section. 23 62 4) If an impounded dog, excluding dogs declared dangerous, or other animal is not redeemed by its owner within the seventy -two-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, and—for any dog declared potentially dangerous—with the provisions of section 6.20.141; 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 RCW Title 16 relative to the care and sale of strays. Potentially dangerous dogs shall not be euthanized prior to the expiration of the ten day period during which an owner may request a hearing contesting the potentially dangerous dog declaration. 5) The department may refuse to release to its owner any animal that has been impounded more than once in a 12 -month period unless the owner demonstrates that he or she has taken steps to reasonably ensure that the violation will not occur again. The animal shelter or the department may impose reasonable conditions that must be satisfied by the owner before release of the animal, including conditions assuring that the animal will be confined. Failure to comply with the conditions of release is a violation. 6) The opportunity to redeem an animal under this section shall not be afforded to problem pet owners, as defined in section 6.20.500, that are subject to a 24 -month prohibition on animal ownership under subsections 6.20.510(4) or 6.20.530(4). 7) (A) No unaltered dog or cat that is impounded more than once in any 12 -month period may be redeemed by any person until the animal is spayed or neutered. The alteration shall be accomplished by the animal shelter or by any duly licensed veterinarian in Yakima County authorized by the animal shelter. In all cases, the veterinarian fees shall be paid at the time of redemption by the animal's owner. In the event that the animal shelter is unable to have such an animal spayed or neutered in a timely manner, the animal shelter may, in its discretion, release the animal to its owner subject to a written promise that the owner shall provide proof to the department within ten business days that the animal has been spayed or neutered. Failure to provide such proof is a violation and may result in the animal being impounded. B) Exceptions. The alteration shall not be required upon a showing of proof of alteration from a licensed veterinarian. The alteration shall not be required if the owner or other person redeeming the animal provides a written statement from a licensed veterinarian stating that the spay or neuter procedure would be harmful to the animal. 8) 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. 9) 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. 10) IN THE MUNICIPAL COURT OF THE STATE OF WASHINGTON CITY OF YAKIMA 24 Petitioner, ) vs. ) CITY OF YAKIMA, ) Respondent. ) NO. IN RE THE ANIMAL IMPOUND OF A DOG NAMED 63 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: 25 64 Ord. 2015-003 § 1 (part), 2015: 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). 6.20.330 Injured or diseased animals. Any dog or other animal suffering from serious physical injury or disease may be humanely destroyed by the impounding authority. (Ord. 2005-69 § 1 (part), 2005). KENNELS 6.20.350 Kennel license—Requirements. It is unlawful for any person to own, maintain or operate a kennel unless such person has obtained the applicable license as provided hereinafter. If there is a change in the ownership of any kennel, the new owner shall have the license transferred to his name upon receipt of a new updated application and payment of a twenty -five -dollar transfer fee. (Ord. 2005-69 § 1 (part), 2005). 6.20.360 Kennel license—Application. 1) Information Required. Any person making application for a kennel license shall submit to the department the following information: A) The name, address and phone number of the owner of the kennel; B) The name, address and phone number of the person having primary supervision of the kennel; C) The address or location and phone number of the kennel; D) The maximum number of adult dogs which the kennel will contain at any time; E) The name and address of the person designated by the applicant as agent for service of legal process or notice; F) A statement giving permission for the inspection of the kennel at any reasonable time; G) For all commercial and foster shelter kennels, a certificate of zoning compliance issued by the appropriate department of the city of Yakima. 2) Notice of Deficiencies. In the event any kennel license applicant fails to provide all required information or fees, the department shall notify such applicant by first-class mail at the mailing address stated on the application of any such deficiency, demanding that any required information or fees be provided to the department within thirty days, and stating that if such required information or fees are not timely received, any fees paid shall be forfeited and the application shall be voided. 3) Failure to Provide Information. If any applicant fails to timely provide information requested under this section, a new application and fee shall be required after the thirty days have expired, and any tag previously supplied shall be voided. 4) Disposition of Fees Received. Any fees received by the department for applications that cannot be processed shall be deposited into a special revenue account within the dog control department fund and held in that fund for a period of not less than thirty days after notice of 26 65 deficiencies in the application is mailed to the applicant or until the required information or fees are received. After thirty days have passed since the applicant was notified of any deficiency, such fees shall become miscellaneous revenues. Any overpayment of fees shall be refunded to the applicant if the request for overpayment refund is made within ninety days of such overpayment. 5) Appeals. Any decision made concerning the type of kennel to be licensed and the fee required may be appealed to the appropriate licensing agency for the city of Yakima. Should the appeal be determined in favor of the applicant, the excess of the license fee shall be refunded from the date the appeal was filed, on a prorated monthly basis. 6) Refunds. Any moneys from the initial application fees that cannot be processed shall be deposited into a special revenue account in the dog control department fund as a special revenue item at the end of the forfeiture period. Amounts not forfeited shall be deposited into the kennel license fees category when correct fees are received. All refunds are to be made from the kennel license fee revenue account upon completion of a completed and approved refund request form. (Ord. 2005-69 § 1 (part), 2005). 6.20.370 Kennel license—Fees and late penalties. 1) The application for a kennel license shall be accompanied by a fee as follows: A) Commercial or foster shelter kennel: Two hundred fifty dollars per year upon submission, inspection and approval of the enforcement agency and officer. B) Hobby kennel: Fifty dollars per year upon submission, with a surcharge of ten dollars per unaltered dog, upon inspection and approval of the enforcement agency and officer. C) Late penalty: One-half the applicable amount 2) The late penalty shall be assessed if the license is not obtained by the thirty-first of January. (Ord. 2005-69 § 1 (part), 2005). 6.20.380 Kennel license—Inspection of facilities. Upon initial application for a kennel license, the department or its designee shall inspect the subject facilities to determine if they may properly be licensed. (Ord. 2005-69 § 1 (part), 2005). 6.20.390 Kennel license—Display. The license issued for a kennel shall be posted in a conspicuous place upon the premises where such kennel is located. (Ord. 2005-69 § 1 (part), 2005). 6.20.400 Kennel license—Expiration and renewal. Kennels shall be licensed in January on a yearly basis ending December 31 st. Fees for new applications shall be prorated and charged one -twelfth the fee for each month remaining in the calendar year. License renewals shall be processed in the same manner as the original application, except that a certificate of zoning compliance is not required. Each kennel may choose from the following options at the time of renewal: 1) License each dog individually; or 2) Pay the appropriate kennel fee. (Ord. 2005-69 § 1 (part), 2005). 27 M 6.20.410 Kennel license—Revocation, denial or refusal to renew. A license for any kennel may be revoked, denied or not renewed for failure to comply with the provisions of this chapter, and such action by the department shall be final and conclusive unless within twenty days of written notification thereof an appeal is filed. (Ord. 2005-69 § 1 part), 2005). 6.20.420 Kennel license—Records required. Each kennel shall prepare, maintain and make available to the department a current record of all dogs auctioned off, sold, let or otherwise disposed of, proof of vaccination, and a current record of all dogs born within such facility or acquired from other sources. Such records shall include the origin, the age and type of dog, and the name and address of the transferee or transferor. A kennel shall have available for inspection at any time all required records, tags, tattoos or microchip numbers for each dog. (Ord. 2005-69 § 1 (part), 2005). 6.20.430 Vaccination required. Each kennel shall cause each dog owned or sold by it to receive current and proper immunization for distemper, hepatitis, parainfluenza and parvovirus inoculation for dogs over eight weeks of age and, in addition, rabies inoculation for dogs over four months of age. (Ord. 2005-69 § 1 (part), 2005). PROBLEM PET OWNERS 6.20.500 Problem pet owners—Defined. 1) A problem owner is one who: A) Has committed three or more violations, as defined below, in one 24 month period; or B) Has committed two or more violations, as defined below, after having a dog owned by him or her declared to be dangerous or potentially dangerous. 2) For the purposes of YMC 6.20.500-540, "violation" means: A) A finding of committed on a civil infraction under this chapter; B) A conviction of a crime under this chapter or RCW 16.52, RCW 9.08, RCW 9.91.170, or RCW 9.91.175; C) Any violation of this chapter that is proven by a preponderance of the evidence regardless of whether the same act was charged as a civil infraction or crime. A civil infraction or criminal charge which is deferred or subject to pretrial diversion may be counted as a violation if the violation is proven by a preponderance of the evidence. Provided, however, that a finding of not committed on a civil infraction or a verdict of not guilty on a criminal charge precludes use of that act as a basis for a violation under this chapter. 3) For the purposes of this chapter, multiple civil infractions committed on the same day will count as one violation. Each crime will count as one violation regardless of whether it was committed on the same day as another crime or civil infraction. 28 67 4) For the purposes of this chapter, the violations need not involve the same pet. 6.20.510 Problem pet owners—Revocation of license. 1) The Department may find and declare a person a problem pet owner if an animal control officer has probable cause to believe that the person falls within the definition set forth in this chapter. The Department shall revoke all pet licenses issued to the problem owner. Proceedings shall be instituted by service of a Notice of Problem Pet Owner. 2) The Notice of Problem Pet Owner shall be in writing and shall be served on the owner in one of the following methods: A) Mailed to the owner's last known address; or B) Personally. 3) The Notice of Problem Pet Owner shall contain: A) Name and address of owner who is subject to the revocation; B) Names, descriptions, and license numbers of any pets licensed to the owner; C) Brief descriptions of the violations which form the basis of the revocation, including case numbers, if any; D) Notification of the availability of a hearing in case the person objects to the declaration, if a request is made within ten days of the date of personal service or mailing; E) A summary of the effects of the revocation of all pet licenses, requirements for confinement or impound of pets, and the potential penalties for violation of the restrictions. 4) A person who is a problem owner as defined in this chapter, is prohibited from licensing or owning any animal in the City for a period of 24 months unless an appeal of the Notice of Problem Pet Owner is filed with the Yakima Municipal Court in accordance with this chapter. The problem owner shall surrender all animals to an animal control officer or police officer upon demand of the officer. 6.20.520 Confinement of pets owned by a problem pet owner. 1) Upon service of a Notice of Problem Pet Owner, the animals owned by a person declared to be a problem pet owner may be impounded if the department determines that impoundment is in the interests of public safety or the health and welfare of the animals. Upon such a determination by the department, an animal control officer or police officer may require that such animals be held in the animal shelter or a secure veterinary hospital until a hearing is held to determine the animal's status or the deadline for requesting a hearing regarding the declaration of problem pet owner has passed. The owner shall immediately surrender the animals to an animal control officer or police officer upon the order of that officer. 2) If animals owned by a person declared to be a problem pet owner are not impounded, the owner shall comply with all requirements imposed by the department. Failure to comply with all 29 68 requirements is a violation. It is a separate violation for each animal and each day of non compliance. 3) In addition to the above requirements, upon the determination by the Yakima Municipal Court that a person is a problem owner, the problem owner shall immediately surrender all animals in his or her possession to an animal control officer or police officer. 4) Refusal by any person to surrender an animal owned by a person declared to be a problem pet owner to an animal control officer or police officer is a misdemeanor. 6.20.530 Problem pet owner—Hearing procedure—Revocation of license. 1) If the owner wishes to object to the revocation of a pet license, he or she may request a hearing before the Yakima Municipal Court by filing a request for hearing with the Court within ten days of service of the notice of revocation. 2) The department shall bear the burden of proving by a preponderance of the evidence that the owner is a problem pet owner as defined in this chapter. 3) A finding of committed on a civil infraction or a judgment of guilty in a criminal case is dispositive that a violation occurred and no additional evidence is necessary to prove that violation. A violation also may be proved through the testimony of witnesses, photographs, or other evidence admitted by the Court. 4) If the Court finds that the owner is a problem owner as defined in this chapter, it shall revoke the licenses of all pets licensed to the owner and order that all pets licensed to the owner be impounded by the department. Upon such a finding, the Court shall order that the owner is prohibited from licensing any pet in the City for a period of 24 months. Any pets impounded under these circumstances may not be returned to any person residing at the same address as the problem owner. 6.20.540 Possessing, harboring, or owning animal by problem owner --Misdemeanor. It is a misdemeanor for any person who is a problem owner as defined in this chapter to possess, harbor, or own an animal in the City of Yakima while a Notice of Problem Pet Owner is in effect, except during the period an appeal of a Notice of Problem Pet Owner is pending. For the purposes of this section, the term "animal' includes all animals, including, but not limited to, dogs, cats, exotic animals, livestock, and poultry, regardless of whether the YMC requires a license for the type of animal possessed. PENALTIES 6.20.600 Penalties. Any violation of this chapter that is designated as a gross misdemeanor is punishable by up to 364 days in jail and a $5000 fine. Any violation of this chapter that is designated as a misdemeanor is punishable by up to 90 days in jail and a $1000 fine. CODE CLASS PENALTY CHARGE 6.20.044 Inf. $250.00 Slaughter, dress, butcher animals/fowl 7 M CODE CLASS PENALTY CHARGE 6.20.070 Inf. 250.00 Dog registration/license required 6.20.125 Inf. 250.00 Microchip required 6.20.130(1) Inf. 200.00 for first Permit dog at large offense; penalty shall increase in increments of 25 for every subsequent offense 6.20.130(2)(B) Inf. 300.00 Permit dog at large—menaces 6.20.150 Inf. 250.00 Permit dog in estrus at large 6.20.180 Inf. 250.00 Abandonment of animal 6.20.190 Inf. 500.00 Confinement in automobile 6.20.210 Inf. 100.00 Fail to remove dog waste 6.20.220 Inf. 250.00 Keep animal in nauseous manner 6.20.230 Inf. 250.00 Allow dog to damage property 6.20.240 Inf. 200.00 Fail to provide dog rabies vaccin. 6.20.250 Inf. 250.00 Allow dog to jump/bark at pedest. 6.20.280 Inf. 250.00 Barking dog 6.20.320(5) Inf. 500.00 Fail to comply with conditions of redemption of impounded animal 6.20.320(7) Inf. 500.00 Fail to comply with mandatory spay/neuter 6.20.350 Inf. 500.00 Own/operate kennel w/o license 6.20.437(2) Inf. 500.00 Fail to comply with dept. requirements— Problem pet owner Ord. 2005-69 § 1 (part), 2005). EXEMPTION 6.20.700 Exemption. The provisions of this chapter shall not apply to any dog kept by any law enforcement agency for law enforcement purposes. 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, except for Section 6.20.125, which shall be in full force and effect on January 1, 2019. PASSED BY THE CITY COUNCIL, signed and approved this 19th day of June, 2018. 31 ATTEST: Sonya Claar Tee, City Clerk Publication Date: Effective Date: 32 Kathy Coffey, Mayor 70 CURRENT CITY PIT BULL ORDINANCE – YMC 6.18 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 American pit bull terrier, Staffordshire bull terrier, American bulldog or American Staffordshire terrier. (Ord. 2004-32 § 1, 2004: Ord. 2001-32 § 1, 2001: Ord. 98-27 § 1, 1998: Ord. 3034 § 1 (part), 1987). 6.18.020 Keeping of pit bull dogs prohibited. 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. The minimum fine for a violation of this section shall be two hundred fifty dollars for the first offense and five 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 that the same pit bull dog is involved. Each day of violation shall be a separate offense. 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 exceeding ninety-six consecutive hours, or (4) otherwise meet the specific conditions of an exception to this prohibition in accord with subsection C of this section. C. The prohibition on possessing pit bull dogs within the city shall not apply to the extent applicable in the specific exceptions set forth below. The definitions in subsection (C)(I) of this section shall apply for purposes of subsections (C)(II) through (V) of this section. I. Definitions. (a) “Immediate family,” for purposes of this chapter, includes the owner’s spouse, child, parent or sibling. (b) “Handler,” for purposes of this chapter, means an individual with a disability who is utilizing a service dog, as that term is defined in this chapter, to do work or 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 chapter, shall mean a restraining device made of metal, plastic, leather, cloth or a combination of these materials that, when fitted and fastened over a snout/mouth/head, 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 qualifies as a service animal in accord with the Animals of America Service and Therapy Animals requirements. (e) “Secure temporary enclosure,” for purposes of this chapter, is a secure 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 have secure chain- link sides, a secured top and a secure 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 ordinances and regulations of the city and shall be kept in a clean and sanitary 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, weight, size, etc.). “DNA testing” means a genetic analysis to identify key single-nucleotide polymorphisms marker locations (genetic markers) that may detect the 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 sample of a dog to a veterinarian or other professional to test for the genetic history of a dog. Such test should look for the genetic markers for the following breeds: American pit bull terrier, American Staffordshire terrier, and Staffordshire bull terrier. In order to be considered a pit bull, the DNA testing must demonstrate a genetic blueprint in excess of fifty percent of pit bull. The DNA test results shall constitute evidence 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 subjective evidence including observational findings to the contrary. If an owner 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 under the following exceptions to comply and remain in compliance with all of the following terms and conditions of this exception may subject the pit bull to immediate impoundment and disposition. (a) An owner of any pit bull used as a service animal within the 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 the city code administration manager and to all provisions of this exception. The owner 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 times in compliance with the 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 the 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 section, and who maintains the pit bull at all times in compliance with the pit bull 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 the city. If a city animal control officer or other authorized city code enforcement or law enforcement officer makes contact with an owner/handler of a pit 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 the city a pit bull that is the owner/handler’s service animal for a period not exceeding two weeks. During such temporary transport or holding, the owner/handler shall keep the pit bull muzzled and securely leashed with a leash sufficient to control the dog, no longer than four feet in length and held by the owner/handler who requires the use of the service animal. In the event the handler, because of a disability, is not able to use a muzzle or leash no longer than four feet in length, or in the event the use of a muzzle or a leash no longer than four feet in length would interfere with the service animal’s safe, effective performance of its service work or tasks, the service animal must be otherwise under the handler’s absolute control at all times. III. License. The owner/handler of a pit bull service animal who has applied for and received a pit bull service animal license shall be allowed to keep said pit bull within the city. As a condition of issuance of a pit bull service animal license, the owner shall, at the time of application, comply with or otherwise provide sufficient evidence to demonstrate to the city code administration manager that the owner is in compliance with all of the following regulations: (a) The owner of the pit bull service animal shall provide proof of a current rabies vaccination. (b) The owner of the pit bull service animal shall maintain uninterrupted license 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 service animal by means of a collar or harness which must be worn by the animal at all times. The license tag shall remain clearly visible and shall not be attached to any pit bull other than the pit bull service animal for which the license was issued. A pit bull service animal license shall only be issued by the licensing department if all provisions of subsections (C)(III)(c), (d) and (e) have been met. (c) The owner must be at least eighteen years of age. (d) The owner shall, at the owner’s expense, have the pit bull service animal spayed or neutered and shall present to the city code administration manager or his designee documentary proof from a licensed veterinarian that this sterilization has been performed. (e) The owner shall, at the owner’s expense, have a microchip containing an identification number, as defined in YMC 6.20.010(13), implanted into the pit bull and 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 the owner’s property, the owner shall keep the pit bull confined. When outdoors, all 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 service animal from leaving the back yard without the owner’s accompaniment. When away from the owner’s property, the pit bull service animal shall be accompanied by its owner/handler or an adult at least eighteen years of age at all times. (g) At all times when a pit bull service animal is away from the property of the owner, the owner shall keep the pit bull service animal muzzled and either 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 the dog. Extension-style leashes may not be used. Leashes may not be attached to inanimate objects. In the event the handler, because of a disability, is not able to use a leash equal to or less than four feet in length, or in the event the use of a muzzle or a leash no longer than four feet in length would interfere with the service animal’s safe, effective performance of work or tasks, the service animal must remain under the handler’s complete control at all times when away from the owner’s property, the manner of control to be fully described to the code enforcement and animal control officer at the time of licensing. This regulation and the means for controlling the pit bull may be modified for service animals by the code administration manager or designee as determined necessary 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 that the pit bull is loose, stolen, at large, unconfined, has mauled, bitten, attacked, 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 any pit bull service animal found within the city limits which does not qualify for the exception stated within this section, subject to all of the 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 to be a pit bull as a result of DNA testing, evidence obtained at the owner’s option and sole expense, or if the dog is determined to be a service animal, the 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 service animal, a dog may be impounded and the owner/handler may be held responsible for violations of this section or any other applicable state or local law. 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: Code Class Penalty Charge 6.18.020(C)(III)(f) Misdemeanor Standard Confinement Required 6.18.020(C)(III)(h) G. Misd. Standard Prohibition of Transfer 6.18.020(C)(III)(i) G. Misd. Standard Notification Requirements (Ord. 2014-013 § 1, 2014: Ord. 2014-008 § 1, 2014: Ord. 2001-32 § 2, 2001: Ord. 3034 § 1 (part), 1987). 6.18.025 Impounding pit bull dogs. A. 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 chapter and of the procedure required to redeem the animal. Such notice shall be served upon the owner or, if the 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 the city of Yakima, the animal may be impounded pursuant to Chapter 6.20. B. If the pit bull dog is not immediately impounded pursuant to Chapter 6.20, the owner must permanently remove the pit bull dog from the city of Yakima within forty-eight hours of issuance of the notice required by this section. 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 the notice required by this section, the dog shall immediately be 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. 2004-32 § 2, 2004: Ord. 2001-32 § 3, 2001: Ord. 98-27 § 2, 1998). 6.18.026 Impounding potentially dangerous pit bull dogs and pit bull dogs at large. Notwithstanding the provisions of YMC 6.18.020(B) or 6.18.025, any pit bull dog found running at large in the city of Yakima which is not in the possession or control of its owner or owner’s agent shall be immediately impounded by a Yakima animal control 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 according to Chapter 6.20. Such animal shall be redeemed, adopted or destroyed 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).