HomeMy WebLinkAbout08/06/2018 12 Pit Bull Dogs; YMC Repealing Chapter 6.18BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
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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
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ORDINANCE NO. 2018-
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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is hereby repealed in its entirety: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.
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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,
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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:
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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
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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.
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(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:
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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.
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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:
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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:
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