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HomeMy WebLinkAbout08/06/2018 12 Pit Bull Dogs; YMC Repealing Chapter 6.18BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 12. For Meeting of: August 6, 2018 ITEM TITLE: Ordinance repealing Municipal Code Chapter6.18 relating to Pit Bull Dogs SUBMITTED BY: Ryan Bleek, Assistant City Attorney SUMMARY EXPLANATION: On June 19, 2018, the City Council sent the City's Pit Bull ordinance to the Public Safety Committee for a recommendation to 1) retain the ordinance in its present form, 2) revise the ordinance as deemed necessary or 3) repeal the ordinance. Following the Public Safety Committee discussion of the Pit Bull ordinance during an Executive Session on June 28, 2018, the Committee decided in open session to recommend a revised ordinance be considered by the full City Council during the July 17 City Council meeting. At the July 17, 2018 City Council meeting, following Council discussion and recognition the City has a revised and more robust Dangerous Dog Ordinance, the Council voted unanimously to direct staff to provide an ordinance repealing the Pit Bull ordinance in its entirety for their consideration during the August 6, 2018 City Council meeting. The attached ordinance represents the repeal of the City of Yakima Pit Bull ordinance, in its entirety. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: NA Public Safety STAFF RECOMMENDATION: Staff seeks Council direction. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date • ord redline 7/26/2018 • Ordinance Repealing YMC 6.18 Pit Bull Dogs - Final 7/23/2018 Type Cover Memo Ordinance 2 ORDINANCE NO. 2018- 3 AN ORDINANCE repealing City of Yakima Municipal Code Chapter 6.18 relating to Pit Bull Dogs BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 6.18 of the City of Yakima Municipal Code relating to Pit Bull Dogs is hereby repealed in its entirety: Chapter 6.18 PIT BULL DOGS Sections: 6.18.010 Definitions. 6.18.020 Keeping of pit bull dogs prohibited. 6.18.025 Impounding pit bull dogs. 6.18.026 Impounding potentially dangerous pit bull dogs and pit bull dogs at large. 6.18.010 Definitions. "Pit bull dog" means any pit bull terrier. "Pit bull terrier" means any American pit bull terrier, Staffordshire bull terrier, American bulldog or American Staffordshire terrier breed of dog or any mixed breed of dog which contains as an element of its breeding the breed of American pit bull terrier, Staffordshire bull terrier, American bulldog or American Staffordshire terrier so as to be identifiable as partially of the breed American pit bull terrier, Staffordshire bull terrier, American bulldog or American Staffordshire terrier. (Ord. 200'1 32 § 1, 200'1: Ord. 2001 32 § 1, 2001: Ord. 98 27 § 1, 1998: Ord. 303i1§ 1 (part), 1987). A. It is unlawful to keep, or harbor, own or in any way possesc a pit bull dog within the city of Yakima. Violation of this section is a gross misdcm anor. The minimum finc for a violation of this section shall be two hundred fifty dollars for the first offensc and fivc hundred dollars for a second or subsequent offense, which fine shall not be suspended or deferred. For purposes of this section, proof of a prior violation shall not require proof B. The prohibition on possessing pit bull dogs within the city shall not apply to pit bull dogs which: (1) do not reside in the city of Yakima, (2) are brought into the city for the purposes of participating in a dog show or canine sporting event for which the owner cxcccding nincty six consccutivc hours, or ('I) otherwise meet the specific conditions of an cxccption to this prohibition in accord with subsection C of this section. C. The prohibition on possessing pit bull dogs within thc city shall not apply to thc cxtcnt applicablc in thc spccific cxccptions 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. 4 I. Definitions. (a) "Immediate f es 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 perform tasks directly related to the individual's disability. If over the age of eighteen, the handler must also be the owner of the service dog. If under the age of eighteen, the handler's legal guardian must be the owner of the service dog. (c) "Muzzle," for purposes of this chaptcr, shall m an a restraining dcvicc madc of metal, plastic, leather, cloth or a combination of these materials that, when fitted and fastened ovcr 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 causc injury to thc dog or intcrfcre 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 qualifies as a service animal in accord with the Animals of America Service and Therapy Animals requirements. (e) "Secure temporary enclosure," for purposcs of this chaptcr, is a sccurc enclosure used for purposes of transporting a pit bull and which includes a top and bottom permanently attached to the sides except for a "door" for removal of the pit bull. Such enclosure must be of such material and secured with a keyed or combination lock so that the pit bull cannot exit the enclosure on its own. (f) "Secure pen or enclosure," for the purposes of this chapter, shall m an a six -sided structure designed to prevent entry of a child or escape of a pit bull. Such pen or structure must have minimum dimensions of five feet by ten feet per animal housed within and must havc sccurc chain link sidcs, a sccurcd top and a sccurc bottom. The enclosure must provide protection from the elements for the dog. All structures erected to house a pit bull must comply with all zoning and building condition. The gate of the pen or enclosure shall be secured with a keyed or combination lock. (g) DNA Testing. DNA (deoxyribonucleic acid) is the genetic blueprint that contain,most of the genetic instructions for every canine's body makeup (height, ■ , . _ „ nucleotide polymorphisms markcr locations (gcnctic markcrs) that may dctcct thc 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: 2 5 In order to be considered a pit bull, the DNA testing must demonstrate a genetic blueprint in excess of fifty percent of pit bull. Thc DNA test results shall constitute e✓idence which the court may consider in establishing that a dog is other than a breed banned by this section. DNA testing results shall override any subjective evidence including observational findings to the contrary. If an owner indicatcs to a judge that a DNA test will be performed, the court may issue appropriate orders as to the release of the dog with any additional conditions that the court believes will minimize any danger to the community during the pendency of the testing and obtaining the results. II. Exceptions. The pit bull prohibition stated in subsection A of this section shall not apply to pit bull service animals and pit bull dogs within the city under the following circumstances. The failure of a person in possession of a pit bull dog within the city ander the following exccptions to comply and remain in compliance with all of thc 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 thc city of Yakima shall apply for a pit bull service animal license from the city licensing department. Pit bull service animal licenses shall be subject to approval by thc city codc administration manager and to all provisions of this cxccption. Thc 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 timcs in compliance with thc pit bull service animal license requirements of subsection (C)(III) of this section may keep a pit bull service animal within the city. (b) The animal control division may temporarily transport and harbor any pit bull for purposes of enforcing the provisions of this chapter. (c) Any veterinarian while treating or grooming a pit bull, or holding such pit bull (d) The owner/handler of a pit bull service animal who has applied for and received a pit bull service animal license in accordance with subsection (C)(III) of this service animal license requirements of subsection (C)(III) of this section, together with all other applicable requirements of this chapter, may kccp a pit bull scrvicc bull not licensed pursuant to this section and the owner/handler asserts that his or her dog is a service animal, the owner/handler shall be informed of this section and instructed to obtain a pit bull license pursuant to subsection (C)(III) of this section within seventy-two hours of the initial contact. Failure to obtain a pit bull license within the permitted period of time after receiving said advisement shall result in impoundment of the dog pursuant to subsection (C)(IV) of this section. (e) A nonresident owner/handler may temporarily transport into and hold in thc city a pit bull that is the owner/handler's service animal for a period not exceeding 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 fect in length and held by thc owner/handler who requires the 3 6 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 I ash no longer than four fcct in length would intcrfcrc with thc 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 kccp said pit bull within thc 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 thc following regulations: (a) The owner of thc pit bull service animal shall provide proof of a current rabies vaccination. (b) The owner of thc pit bull scrvicc animal shall maintain unintcrruptcd 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 thc timc thc 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 awes. The license tag shall service animal for which thc license was iscucd. 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. 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. 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 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 I aving 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. 4 7 (g) At all times when a pit bull service animal is away from thc property of thc 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 may not be attached to inanimate objects. In the event the handler, becausc of a disability, is not able to use a Icoash cqual to or Icsc than four fcct in Icngth, or in thc event the use of a muzzle or a leash no longer than four feet in length would interferc with the service animal's safe, effective performancc of work or tasks, thc scrvicc from the owner's property, the manner of control to be fully dcscribed to the codc cnforccmcnt and animal control officcr at the time of licensing. This regulation and the means for controlling the pit bull may be modified for servicc animals by the codc administration managcr or dcsigncc 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 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 grantcd a breeder's permit for such pit bull service animal. (k) Failure to comply with any of these conditions shall result in a revocation of the license, impoundment and disposition pursuant to subsection (C)(IV) of this section. IV. Impoundment. The animal control division is authorized to immediately impound cxccption statcd within this scction, subjcct to all of thc proccdures and processes set forth in YMC 6.18.025, 6.18.026 and 6.20.300 through 6.20.330. If the dog is found not sole expense, or if thc dog is dctcrmincd to bc a scrvicc animal, thc dog shall bc released to the owner, subject to full compliance with every requirement of this chapter. Notwithstanding a finding that the dog is not a pit bull or a finding that the dog is a V. Penalty. Any person violating this section relating to exceptions to pit bull prohibitions within the city shall be punished by a civil infraction with a penalty of two hundred fifty dollars upon conviction, subject to the following specific penalties: 5 8 Cede Class PenaltyCharge 6.18.020(C) Misdemeanor Standard Confinement 41-0# Required 6.18.020(C) G. Misd. Standard Prohibition of (-){h} Transfer 6.18.020(C) G. Misd. Standard Notification (III)(i) Requirements (Ord. 201i1 013 § 1, 201i1: Ord. 201i1 008 § 1, 201i1: Ord. 2001 32 § 2, 2001: Ord. 303'1 § 1 (part), 1987). 6.18.025 Impounding nit hull dogs A. Whenever a pit bull dog is found within thc city of Yakima, thc owncr shall bc notified in writing of thc prohibitions containcd in this chaptcr and of thc proccdurc required to redeem the animal. Such noticc shall bc scrvcd upon thc owncr or, if thc owner is not present, upon any person of suitable age and discretion residing at owner's residence. Whenever a pit bull dog is found within thc city of Yakima, thc animal may bc impounded pursuant to Chapter 6.20. B. If the pit bull dog is not immediately impoundcd pursuant to Chaptcr 6.20, thc owner must permanently remove the pit bull dog from the city of Yakima within forty 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. 200'1 32 § 2, 200'1: Ord. 2001 32 § 3, 2001: Ord. 98 27 § 2, 1998). running at large in the city of Yakima which is not in the posscssion 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 #Mase terms are defined in Chapter 6.20 of this code shall be handled pursuant to the provisions of Chapter 6.20 of the Yakima Municipal Code. (Ord. 2007 11 § 2, 2007: Ord. 2001 32 § 5, 2001: Ord. 98 27 § 3, 1998). Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. 6 9 PASSED BY THE CITY COUNCIL, signed and approved this 61h day of August, 2018. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: 7 10 ORDINANCE NO. 2018 - AN ORDINANCE repealing City of Yakima Municipal Code Chapter 6.18 relating to Pit Bull Dogs BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 6.18 of the City of Yakima Municipal Code relating to Pit Bull Dogs is hereby repealed in its entirety. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 61h day of August, 2018. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: 1