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HomeMy WebLinkAboutORD 3777 v ZVI CITY OF RENTON, WASHINGTON �� 4964 ORDINANCE NO . 3777 AN ORDINANCE OF THE CITY OF RENTON , WASHINGTON REPEALING AND RE-ENACTING THE PROVISIONS OF SECTIONS 5-1604 AND 5-1606 THROUGH 5-1616 OF TITLE V (BUSINESS REGULATIONS) OF ORDINANCE NO . 1628 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON" RELATING TO ANIMAL REGULATIONS AND PRESCRIBING PENALTIES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO ORDAIN AS FOLLOWS : SECTION 1 : Existing Sections 5-1604 and 5-1606 through 5-1616 of Title V (Business Regulations of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" are hereby re-enacted as Sections 6-605 through 6-616 , Title VI, as follows : 6-605 DEFINITIONS: For the purpose of this Chapter the following definitions shall be controlling : (A) OWNER: "Owner" shall mean any person , firm or corporation owning, having an interest in or right of possession to an animal , or any person , firm or corporation having control , custody or possession of such animal . (B) VICIOUS: "Vicious" shall mean the propensity to do any act that may endanger the health, safety or well being of any person or the safety of property of another , including but not limited to a disposition to mischief or fierceness as might occasionally lead to attack on human beings without provocation, whether in play, anger or outbreak of untrained nature . 6-606 DOGS AT LARGE, REQUIREMENT OF LEASH OR CHAIN: (A) It shall be unlawful for any owner or custodian to cause , permit or allow any dog owned , harbored , controlled or kept by him in the City to roam, run, or stray away from the premises where the same is owned, harbored , controlled or kept , except that while away from said premises such dog shall at all times be controlled by means of a leash or chain not exceeding eight feet (8 ' ) in length by the owner or some duly authorized and competent person, or is at heel of such owner or custodian, such control to be exercised by - 1 - such owner or custodian or other competent authorized p:�rson. "At heel" shall mean that the dog shall be immediately at the owner' s or custodian' s heel; provided , however , that such lease or chain is not required for any dog when otherwise safely and securely confined or completely controlled while in or upon any vehicle . Furthermore, this section shall not apply to dogs which are in special areas designated by the City as dog training areas and as long as the regulations of the City , or its authorized representative , with respect to the use of such areas are complied with and said dogs are under the custody and control of at competent trainer . (B) It shall further be unlawful for any owner or custodian: ( 1 ) To suffer or permit any animal, reptile or fowl to trespass upon private or public property so as to damage , disturb, injure , destroy or soil any property or thing of value . (2) To permit a dog to run at large within the City at any time without a license as provided in Chapter 5, Title V, of the City Code . ( 3) To permit any animal , whether licensed or not, to run at large in any public park , public beach , pond , fountain , stream, public playground , school ground or any other public facility permitting swimming and/or boating activities ; provided however that this section shall not prohibit a person from walking or exercising a dog in a public area , except on any public beach, pond , stream or similar facility which permits swimming and/or boating activities , when such dog is on a leash or otherwise under the immediate control of its owner or custodian and proper safeguards are taken to protect the public and property from injury or damage from said dog . The Park Director is hereby authorized and directed to post such areas as hereinabove set forth. (4 ) To permit any animal to enter any place where food is stored , prepared , served or sold to the public or any other public building or hall; provided however , that this section shall not apply to blind person using a trained seeing eye dog , or to veterinary offices or hospitals , or to animal shows or exhibitions where at least twenty four (24) hour advanced notice has been given to the agency designated herein to enforce the provisions of this Chapter . (5 ) To permit any female dog, whether licensed or not , to run at large while in heat . (6 ) To permit any dog to chase., run after , or jump at vehicles using the public streets and alleys . (7 ) To keep or harbor any dog , cat or other animal or fowl whether licensed or not , which by habitual howling, yelping, barking or other noise disturbs or annoys any person in 2 - r the neighborhood or to keep any domestic bird or animal that emits frequent or long, continued noise so as to disturb the peace , quietness and comfort of the neighboring inhabitants. (8) To keep, harbor or maintain any vicious dog or dog with vicious propensities in a manner which may or does endanger the safety, health and well being of persons or the safety of property being or located off the owner' s or custodian' s premises or lawfully on said premises . (9) To allow a vicious dog or dog with vicious propensities to run at large at any time, or allow such dog off the owner' s or custodian' s premises unless securely leashed and in the control of a person of suitable age and discretion to control and/or restrain such dog at all times. (C) Any dog doing or performing any of the acts prohibited in this section is hereby declared to be a public nuisance and such animal may be seized and impounded by the City's Animal Control Officer , or its duly designated representative . 6-607 IMPOUNDING PROCEDURE: The City's Animal Control Officer, as herein designated , is authorized to enforce the animal control laws provided by this Chapter and may impound any animals determined by such Animal Control Officer to be doing or performing any of the acts prohibited by Section 6-606 herein and thereby constituting a public nuisance as provided by Section 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 or telephone the person to whom the license has been issued that such animal has been impounded and may be redeemed as herein provided for. Any animal so impounded pursuant to this Chapter shall be held for the owner or lawful custodian up to a maximum period of seventy two ( 72) hours by the impounding agency. In the event, however , any such animal is not timely redeemed, it shall be humanely destroyed or otherwise disposed of by the impounding agency, provided however, that none of said animal so impounded shall be used for any experimental purposes. 6-608 FINES; IMPOUNDING : (A) The owner or custodian of any such animal impounded under the provisions and terms of Section 6-606 , 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( ) Fi s se - 5.00 minimum (2) Second offense 10.00 minimum ( 3) Third offense 25.00 minimum (4) Fourth offense 50 .00 minimum 3 - (B) The City's Animal Control Officer shall keep an adequate record of all animals so 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 . ( C) The City' s Animal Control Officer is hereby authorized and directed to issue an appropriate citation for any violation of any terms and conditions of this Chapter . 6-609 REDEMPTION PROCEDURE; FEES : (A) Any animal impounded pursuant to the provisions of this Chapter may be redeemed as herein provided upon payment of a redemption fee in the sum of ten dollars ($10 . 00) , which payment shall be made to the agency providing such kenneling and redemption services . (B) In addition thereto there shall be paid a fee , in each instance, of two dollars ($2.00) per day for boarding such animal until the date same has been redeemed . In the event any such animal is suffering from any serious injury or disease , then an additional fee shall be imposed by the agency having the custody of such animal to cover special services rendered to such animal at and prior to the time of redemption. ' (C) All the fees provided for in this section shall be paid to King County Rrthe agency providing such kenneling and redemption services on behalf of the City of Renton. 6-610 HARBORING VICIOUS DOG; MISDEMEANOR : Any dog causing its owner or custodian to be convicted once of a violation of Section 6-606 (B) (8) or (9 ) shall be abated forthwith either by the City' s Animal Control Officer or the owner himself as provided for in the immediately succeeding section. 6-611 ABATEMENT PROCEDURE: Any vicious dog constituting a public nuisance as provided for in the immediately preceding section shall be abated and removed from the County by the owner or by 'the City' s Animal Control Officer, or its duly designated representative . Upon receipt of certified copies of the judgment and sentence showing two (2) convictions of any owner for violation of Section 5-606 (B) (8 ) or (9 ) or where it appears that the owner has been convicted once for a violation of Section 6-606 (B) (8) or (9) and no finding was entered by the Court showing that the owner will be able to provide reasonable restraints to protect the public or property, then the City' s Animal Control Officer or the designated representative authorized to enforce the provision of this Chapter shall notify and direct the owner of said dog to abate or remove 4 - the same from the County within ninety six (96 ) hours from the date of such written notice . If , however , such dog is found to be within the boundaries of King County after such ninety six (96 ) hour period has elapsed from the date of the notice, then the same shall be immediately abated and removed by the City' s Animal Control Officer or its designated representative . Dogs so removed pursuant to the provisions of this section shall be removed from King County or, alternately, be humanely destroyed by the City' s Animal Control Officer without further notice . It shall be unlawful for any person to harbor, keep or maintain a dog deemed to be a vicious dog and public nuisance as provided herein or to interfere with , impede or obstruct the City ' s Animal Control Officer in abating said nuisance . 6-612 ANIMAL CONTROL OFFICER; DUTIES: The City Council hereby designates and employs the City's Animal Control Officer, or such other agency or person as the City Council may hereafter designate and employ to enforce the terms and provisions of this Chapter unless expressly otherwise directed or specified. The duties of the Animal Control Officer shall include , among others , the picking up and impounding of all dogs and other animals found to be in violation of any terms or provisions of the City Code . The Animal Control Officer shall also collect and dispose of dead animals found in the City and if the owner is known, a fee of two dollars and fifty cents ($2. 50) shall be charged and collected from such, owner or custodian for said pickup service. All sick or injured P P J_ animals shall be impounded when not in the owner' s or custodian' s Possession and may be humanely destroyed at the discretion of the Animal Control Officer unless redeemed by the owner or custodian as set forth herein. Any stray animals found may be detained at the pound until the owner or custodian, upon proper identification of rightful claim to said animal , timely redeems such animal subject to payment of all fees and costs as herein provided . 6-613 DESTROYING OR SELLING OF IMPOUNDED DOGS ; RECORD : Any animal impounded for want of a license tag and not .redeemed as herein provided , shall be humanely destroyed, or in the discretion of the Animal Control Officer , may be held for a longer period . Any person, upon approval of the Animal Control Officer, may obtain such animal upon payment of the license fee and all other accrued charges and fees as provided for by this Chapter . The Animal Control Officer shall keep a record of all animals handled under this Chapter, with description, dates and charges imposed . Any impounded animal , other than a dog or cat, not claimed and released upon required payment , shall at the expiration of at least three ( 3) days be sold publicly by the Animal Control Officer. Prior to any such disposition or sale , a copy of such notice shall be served upon the owner or custodian , if known to the Animal Control Officer , and such service of notice to be had at least one day prior to such sale or disposition. 5 - a 6-614 SUBMISSION OF SUSPECTED RABID ANIMALS TO AUTHORITIES ; GROUNDS FOR IMPOUNDMENT AND IMPOUNDMENT FEE : (A) It shall be unlawful for the owner or custodian of any animal known to have bitten or scratched any person or persons , or other animal or animals , to harbor or keep such dog without permitting an examination or inspection of such dog by the Animal Control Officer or any other duly constituted authority having jurisdiction thereover. If after such inspection or examination , good cause appears that such animal is suffering or has been exposed to rabies , such animal shall be quarantined from other animals for a ten ( 10 ) day period from such determination of possible exposure. The animal may be quarantined by the owner , upon proof of an ability to prevent contact with other animals , or by the enforcing agency in case the owner is unable to provide effective quarantine . (B) Any animal quarantined under this section may be released from quarantine at the expiration of ten ( 10) days or prior thereto , or upon the determination of the King County Health Department veterinarian that it is free from such disease . No animal impounded under the provision of this section by the enforcing agency shall be released except upon payment to the impounding authority of a maintenance charge of two dollars ($2.00) for each day of such confinement . 6-615 CRUELTY TO ANIMALS; FAILURE TO AID INJURED ANIMAL UNLAWFUL: It shall be unlawful for any person to wilfully or cruelly injure or kill any animal by any mode or means causing it unnecessary fright or pain; it shall further be unlawful for any person, by neglect or otherwise , to cause or allow any animal to endure pain , suffering or injury , or to fail or neglect to aid or attempt alleviation of any pain , suffering or injury so caused to any animal by such person or persons . 6-616 CATS APPLICABLE : Any provisions in this Chapter :applicable to dogs shall also apply to cats except that the first paragraph of Section 6-606 shall be inapplicable to the maintenance and/or custody of cats . SECTION 2: If any section, subsection , sentence , clause , phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed to be a separate, distinct and independent provision and such decision shall not affect the validity of the remaining portions of this Ordinance . 6 - i 7 SECTION 3: Existing Chapter 16, Title V (Business Regulations) of the City Code is hereby repealed . SECTION 4: This Ordinance shall be in effect upon its passage , approval and thirty (30) days after publication. PASSED BY THE CITY COUNCIL on December 19th , 1983 • Maxine E. Motor , City Clerk APPROVED BY THE MAYOR on December 19th , 1983• Barbara Y. Shinpoch, Mayor Approved as to form: Lawrence j.- -Wren , City Attorney Date of Publication: December 26, 1983 (Summary Form) 7 _