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08/20/2019 13 Barking Dogs; YMC Amendment 6.20.280 a\'4\lyy bxk ik 1 +� PPP d g. Pp g dP s d+ eAe lii it tYlltYlA.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 13. For Meeting of:August 20, 2019 ITEM TITLE: Ordinance amending City of Yakima Municipal Code Chapter 6.20.280 Barking dogs SUBMITTED BY: Joe Caruso, Code Administration Manager Jeffrey Schaap,Assistant City Attorney SUMMARY EXPLANATION: The ordinance clearly defines the type and duration of noise which disturbs the peace and repose of citizens as it pertains to dogs. The ordinance also establishes the penalty for violation of this ordinance as a civil infraction punishable by a monetary fine. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Pass ordinance BOARD/COMMITTEE RECOMMENDATION: The Public Safety Committee recommended the ordinance be presented to the full Council for consideration. ATTACHMENTS: Description Upload Date Type rdinance-Y .20.2 0 parkin do s-track /7/2019 C rdin n e charges rdinance-YM .20.2 0 arkirg des-charges 17120I rdir r e accepted 2 ORDINANCE NO. 2019- AN ORDINANCE relating to Public Safety; amending section 6.20.280 of the City of Yakima Municipal Code relating to control of dogs. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The following section, 6.20.280, of the City of Yakima Municipal Code is hereby amended to read as follows: 6.20.280 Barking dogs-p: tod—disturbinq the peace 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 disturb the peace and repose of any person(s) within the city of Yakima, by repeatedly or continuously eR}-barkinjc , growlinjc , yelping, howling, or whininge so loudly and for such a duration of time as to unreasonably disturb the peace, quiet, comfort and repose of other within the city of six months from any law enforcement or animal control officer of the city.twenty minutes or more. A violation of this section is a civil infraction punishable by a $250 fine. (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. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 20th day of August, 2019. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: 3 ORDINANCE NO. 2019- AN ORDINANCE relating to Public Safety; amending section 6.20.280 of the City of Yakima Municipal Code relating to control of dogs. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The following section, 6.20.280, of the City of Yakima Municipal Code is hereby amended to read as follows: 6.20.280 Barking dogs—disturbing the peace 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 disturb the peace and repose of any person(s) within the city of Yakima, by repeatedly or continuously barking, growling, yelping, howling, or whining for a duration of twenty minutes or more. A violation of this section is a civil infraction punishable by a $250 fine. (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. 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 20'h day of August, 2019. ATTEST: Kathy Coffey, Mayor Sonya Clear Tee, City Clerk Publication Date: Effective Date: