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HomeMy WebLinkAboutORD 4185 Amends Ord. .��328, 975, 3777 , t ; � ' ' Amended by ORD 4916, 4964 5356 CITY OF RENTON, WASHINGTON ORDINANCE NO. 4185 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER VI ENTITLED "ANIMALS AND FOWLS AT LARGE; PROHIBITED" OF TITLE VI (POLICE REGULATIONS) OF ORDINANCE N0. 1628 BY COMBINING SECTIONS, ADDING CLARIFYING LANGUAGE, INCREASING AND ESTABLISHING FEES, ADDING REGULATION5 OF POTENTIALLY DANGEROUS DOG AND DANGEROUS DOG, AND ESTABLISHING AN APPEAL PROCESS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Existing Section 6-601 is hereby rescinded. SECTION II. Existing Section 6-602 is amended to read as follows: Section 6-602 : UNLAWFUL TO RUN AT LARGE: It shall be unlawful for any horses, cattle, or other domestic animals, except for dogs and cats, to run at large on any street, alley or public place, or to trespass upon any private property within the limits of the City; and it shall be unlawful for the owner of any such animal or any person who has control of the animal or to whom custody of the same has been entrusted, to permit the same to run at large contrary to the provisions of this chapter. SECTION III. Existing Section 6-603 is amended to read as follows: Section 6-603 : TAKING UP OF ANIMALS; FEE: Any duly authorized officer or employee of the City shall be empowered to take up and impound all animals hereinabove specified, whether running at large or otherwise violating the provisions of this chapter. 1 " ORDINANCE N0. 4185 A. Impound Fees. The owner or custodian of any animal impounded under the provisions of this chapter, unless otherwise provided for herein, shall pay to the City' s Animal Control Officer the following fees, which shall then be promptly remitted unto the Finance director by such Animal Control Officer, and which fees shall be in addition to all other charges payable under the provisions of this chapter. 1. First offense $ 5. 00 2 . Second offense $10. 00 3 . Third offense $25. 00 4 . Fourth offense $50. 00. B. Large Animal Redemption. Any horses, cattle, or similarly sized animals may be redeemed by the payment of the fee of twenty dollars ($20. 00) plus any out of pocket expenses by the City of Renton for boarding and feeding such animal, which fee shall be not less than five dollars ($5. 00) per day for the keeping and boarding of said animal. C. Small Animal Redemption. All small animals, not to include such animals as horses, cattle, or similarly sized animals may be redeemed upon payment of a redemption fee in the sum of twenty dollars ($20. 00) plus the additional sum of five dollars ($5. 00) per day for the keeping of such animal. In the event any such animal is suffering from any serious injury or disease requiring treatment, then an additional fee for such treatment shall be imposed by the agency having the custody of such animal to cover the actual expenses of such treatment, including transportation and special services rendered to such animal. SECTION IV. Existing Section 6. 604 is hereby amended to read as follows: 2 '. .� . . � ' " ORDINANCE NO. 4185 Section 6. 604 : FOWLS AT LARGE: It shall be unlawful for any person to allow or permit any chicken, pigeon, or other domestic fowl owned or in the custody or control or said person, to run at large in the City. On any parcel of land less than one acre in size, the size of the flock of fowl shall be limited to no more than twelve animals. To the extent that any flock above twelve animals exists as of the time of adoption of this ordinance, it shall be reduced to no more than twelve animals within ninety days. SECTION V. Existing Section 6-605 is hereby amended to read as follows: Section 6-605: DEFINITIONS: For the purpose of this chapter, the following definitions shall be controlling: l. "Potentially dangerous dog" means any dog that when unprovoked: (a) Inflicts bites on a human or a domestic animal either on public or private property, or (b) chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of humans or domestic animals. 2 . "Dangerous dog" means any dog that, according to the records of appropriate authority, (a) has inflicted severe injury on a human being without provocation on public or private property, (b) has killed a domestic animal without provocation while off the owner's property, or (c) has been previously found to be potentially dangerous, the owner having received notice of such and the dog 3 , . ' ' ' ORDINANCE N0. 4185 again aggressively bites, attacks, or endangers the safety of humans or domestic animals. 3 . "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. 4. "Proper enclosure of a dangerous dog: means, while on the owner's property, a dangerous dog shall be securely confined indoors or in 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 dog. 5. "Animal control authority" means an entity acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, county and state, and the shelter and welfare of animals. 6. "Animal control officer" means any individual employed, contracted with, or appointed by the City of Renton for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal. 7 . ��Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal. 4 - . ORDINANCE NO. �+��� SECTION VI. Existing Section 6-607 will be amended to read as follows: Sectinn 6. 607: IMPOUNDING PROCEDURE: A. The City's Ar�imal Control Officer, as herein designated, is authorized ta enforce the animal contral laws provided by this Chapter and may impound any animal� determined by such Animal Contral Officer to be doing ar performing any of the acts prohibited by Sectian 6-606 herein and thereby canstituting a public nuisance as pravided by Sectian 6-606 of this Chapter. After such animal is impounded, the Animal Control Officer shall ascertain whether such animal is licensed and, if so, shall within a reasonable time notify by letter ar telephone the persan to whom the license has been issued that such animal has been impaunded and may be redeemed as herein provided for. Any animal sa impounded pursuant to this Chapter shall be held for the awner or lawful custodian up to a maximum period of seventy twa (?2) hflurs by the impaunding agency. Tn the event, however, any �uch animal is nat timely redeemed, it �hall be humanely destrayed c�r otherwise disposed of by the impounding agency, provided however, that none of said animal sa impounded shall be used for any experimental purpases.l B. Notice and right of appeal. Priar to the destructian or dispositian of any licen�ed animal, or in those instances in which there is knowledge of the acttzal owner or per�an in passession ar control of any animal, there ahall be a notice sent ta such persan that the animal has been impaunded and may be destroyed ar disposed of if not claimed within seventy two hours of the animal being impaunded. The notice will be given by actual natice, pasting of 5 ORDINANCE NO. 4185 notice at the location where the animal was impounded or was kept or at the last known residence of the person to whom notice was to be given, by surface mail, postage prepaid, or by any other means which would increase the likelihood of the notice being received. The notice shall also contain an appeal right to contest the justification for impounding, or the mathematics used in calculating the impound fee and fee for keeping the animal. The appeal shall be made, in writing, to the police chief or to his designee, and shall be limited to the issues of the propriety of the impound and whether or not the fees for redemption have been properly calculated. SECTION VII. Existing Section 6-608 will be amended to read as follows: Section 6. 608 : RESPONSIBILITIES OF ANIMAL CONTROL OFFICER: A. The City' s Animal Control Officer shall keep an adequate record of all animals impounded, together with a description of such animal, the date of impounding and the name and address, if known, of the owner or custodian of such animal, together with the date of redemption, if any. The City shall likewise furnish unto the City's Animal Control Officer proper receipt books, including triplicate forms, for the collection of all fines and fees due and collected under this section and same shall be remitted, at least monthly, unto the Finance Director, together with a complete set of copies of all such receipts. B. The City's Animal Control Officer is hereby authorized and directed to issue an appropriate citation for any violation of any terms and conditions in this Chapter. SECTION VIII. Existing Section 6-609 is hereby rescinded. 6 '..�: ORDINANCE N0. 4185 SECTION IX. Existing Section 6-610 is amended to read as follows: Section 6-610: DANGEROUS DOGS: A. It is unlawful for an owner to have a dangerous dog in the City of Renton without a certificate of registration issued under this section. This section shall not apply to dogs used by law enforcement officials for police work. B. The Police Department of the City of Renton shall issue a certificate of registration to the owner of such dangerous dog if the owner presents to the animal control unit sufficient evidence of: 1. A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog. 2 . A surety bond issued by a surety insurer qualified under Chapter 48 . 28 RCW in a form acceptable to the animal control authority in the sum of at least fifty thousand dollars, payable to any person injured by the vicious dog; or 3 . A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under Title 48 RCW in the amount of at least fifty thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous dog. 4 . It is unlawful for an owner of a dangerous dog to permit the dog to be outside of the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical 7 , QRDINANCE NO. 4185 re�traint o� a responsible persan. The muzzle shall be made in a manner that will nat cau�e injury ta the dag or interfere with its vision or respiratian b�t shall prevent it from biting any person ar animal. 5. Dags shall not be declared dangerous if the threat, injury, or damage was su�tained by a persan who, at the time, was committing a willful trespass or other tort upan the premises occupied by the owner of the dog, or was tormenting, abusingj or assaulting the dog or ha�, in the past, been observed or reported to have tarmented, abused, ar assaulted the dag ar was committing or attempting to commit a crime. SECTION X. Existing Section 6-611 has been amended ta read as follows: Sectian 6-611: CQNFISCATION PROCEDURE FOR DANGEROUS DC1GS: Any dangerous dog shall be immed.iately confiscated by an animal control authority if the dog is not validly registered, the owner has nat secured the liability in�urance as required, the dog is not maintained in the proper enclosure, or the dag is outside af the dwelling of the awner or outside of the proper enclosure and not under physical restraint of the responsible person. SECTION XI. Existing Sactian 6-612 is hereby rescinded. SECTION XII. Existing Section 6-613 is hereby rescinded. SECTION XITI. Existing Sec�ion 6-616 is hereby re�ca.nded. SECTION XIV. This Ordinance shall be effective upan its passage, appraval, and thirty days after publicatifln. Q � h V ` QRI?INANCE NO. 4185 PASSED BY THE CITY COUNCIL thi.s 14t� day of ��vember , 19�8 . ,,����-;�.-�r r1J � �!���,5-�� Maxine E. Motar, City Clerk, APPROVED BY THE MAYOR th.is 14th day of Navember � 19$8 . � � !e �� ��� r����...Y .�. Ear`'���`lym`�r� NF'�ar ` �._ Approv d as ta form: fr����`.. Lawrence J. l�t`arren, City Attarney Date of Publicatian: November I8, 1988 (Summary) 4rd. 40: 5-20-88:as . � � .