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HomeMy WebLinkAbout84-98 - Ord. Amending Ord. 39-90 County Animal Ordinance Dangerous Dog and Public Disturbance Noise, MASON COUNTY ANIMAL ORDINANCE ORDINANCE ND84-Q8 AMENDS ORDINANCE 39-9D (Dangerous Dog) AMENDS ORDINANCE 54'89 (section 12) Public Disturbance Noise Sections OOi. Title 003. ' Definitions 003. Public Nuinonce—OvvnerResponsibility 004. Public Nuisance--Exceptions | 005. Potentially Dangerous Dogs 008. Dangerous Dogs 007. Pena|Umsondtnanafernfmwn*mhip— potnntioUyandDangenousDngn 008. Rabies and Disease Control ODQ. Rabies Contro|—QuanonUnn and Disposal ' 010. Habitual Violator 011. Enforcement 012. Impoundment 013. Impoundment Register 014. Notice of Violation--Penalties 015. Legal or equitable relief 016. Redemption 017. Immunity 018. Guvenobi|ity . . . ` 1 � . � � ' GeuUonOO1: Title This chapter may be cited as the Mason County Animal code, to be codified as 8ecbonDD2: Definitions For the purpose of this chapter, the words and phrases shall be defined as follows: A. "Abandon" means the act of knowingly leaving ananimal; 1. Without food, water, or care for twenty-four hours ormore. 2. In o situation where conditions present an innmadiotn, direct, and serious threat tn life, safety or health ofthe animal. B. "Abatement" means the termination of any violation byreasonable and |ovvhu| means determined by the animal control authority in order that on owner oro person presumed tnbo the owner shall comply with this ordinance. C. "Animal" moons any nnommo|` bind, reptile or amphibian. D. "Animal Control Authority" means K8osnn County, KAoonn Cnunty's designee, acting alone nrin concert with other local government units for enforcement of the animal control laws nf Mason County or the State of Washington. . E. ''Aninno| Control Officer" means any individual ump|nyed, contracted with, or appointed by the Animal Control Authority for the purpose of aiding in the enforcement nf this chapter or ' another law nr ordinance relating to the licenser of animals, or seizure nr impoundment of animals, and included any state or . local law enforcement officer or other employee whose duties in whole or part include assignments that cover the seizure and impoundment of any animal. i / F. "Animal Shelter" means u facility which is used to house or contain stroy, hnme|esa, impnundod, abandoned or unwanted aninna|o, and which is owned, operated or maintained bya public body, anestablished humane society, animal welfare society, society for the prevention nf cruelty to animals, or other nonprofit organization devoted to the welfare, protection and humane treatment of animals. ' G. "At Large" means on animal off nr outside the premises belonging tn its owner or keeper and not in the company of and under direct control uf its owner nrkeeper. H. "Dangerous Dog" means any dog that according to the records of the appropriate authority: (1) Has inflicted severe injury upon o human being without provocation; or (2) Has killed o domestic animal without provocation while off the owner's property; or (3) Has been previously found tobepotentially ' dangerous, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans ordomestic animals; provided, however that dogs shall not be declared dangerous if the threat, injury, ordamage ' was sustained bya person who, at the time, was committing a willful trespass nr other tort upon the premises occupied by the owner of the dog orhas, in the paat, been observed or reported to have tormented, abused, nr assaulted the dog orwas committing or attempting to commit acrime. , i "Domestic Animal" means any animal kept for amusement, companionship, or for household, farm and/or agricultural purposes. J. "Livestock" means horses, sheep, natt|o, mules, burros, goats, Uomao, domesticated hares, rabbits, swine and poultry and any other hybrids' of animals being raised for it's agricultural purposes.. K. "Owner" means any person, firm, corporation, organization possesaing, harbohng, keeping, having on interest in, or having control or custody nfonanimal. L. "Person" means any individual, firm, association, partnership, political subdivision, government agency, public or . private corporation, or any other entity. M. "Potentially dangerous dog" means any dog that when unprovoked ^ (1) Inflicts bites on a human nro domestic animal either on public or private property; nr CD Chases nr approaches o person while off the owner's property in o menacing fashion or apparent attitude of attack, or (3) any dog with o known propensity, tendency nr disposition lo attack unprovoked, to cause injury, or otherwise threaten the safety of humans ordomestic animals. ' N. "Poultry" means all domesticated fowl and all game birds which are legally held in captivity. O. "Proper enclosure nfa dangerous dog" means while onthe owner's property, o dangerous dog shall bn securely confined indoors orinu securely enclosed or locked pen orstructure, suitable tn 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. P. "Property" means anything nf value, whether tangible or intongib|o, nao| or personal. ' Q. "Severe Injury" means any physical injury that results inbroken bones nr disfiguring lacerations requiring multiple sutures or cosmetic surgery. ' R. "Stray" means any animal impounded nrin the custody ofthe Animal Control Authority, it's employees or agents which may or . may not have an identifiable owner. S. ^Tnoaposa^ means the unlawful entrance upon the property ofany person by any animal or other person without the authorization of the lawful occupant. GectionDD3. Public Nuisonoe—OvvnorResponsibility |t shall bem public nuisance, and therefore unlawful, for any person to permit their nninno|(s)to: A. Damage nr destroy the property of another person; nr B. Cause injury to o person nr domestic animal: or � C. Chose, run after,jump at or upon any pedestrian or other domestic � � animal while off the owner's property; or � D. Chase, run after,jump atnr upon any vehicle or person ona � bicycle lawfully on any public sidewalk, roadway, trail or path; or , E. Willfully or negligently allow livestock tn run et large off the ' property of the owner; nr F. Annoy or disturb o neighborhood or the quiet and repose nfone ' or more persons by habitually howling, barking, yelping orother prolonged sounds on determined byan enforcement officer; nr 8ectionOD4. Public Nuisance--Exceptions The provisions of this chapter relating tn public nuisance do not apply if an animal; . A. Causes injury to o person who, o1 the time, was committing a , willful trespass or other tort upon the premises occupied bythe owner of the dog orhas been observed tn have tormented, abused, or assaulted the dog or was committing nr attempting to commit ecrime. B. Is emitting reasonable animal noisnn, as determined by on enforcement officer. GentionOO5. Potentially Dangerous Dogs A. The animal control authority may find and declare ananimal potentially dangerous ifit has probable cause tn believe that the ` animal falls within the definition set forth in Section 002(K8). The finding must bn based upon: . ^ (1) The written complaint of a citizen who is willing to testify that the animal has acted ino manner which causes ittn fall within the definition nf potentially dangerous dog; nr (2) Dog bite reports filed with the animal control authority os required by this chapter orstate law; or (3) Actions of the dog witnessed by any animal control officer or law enforcement officer; or (4) Other substantial evidence admissible incourt. B. The declaration of potentially dangerous dog shall bainwriting, shall be served on the owner in one nf the following methods. (1) Certified mail to the owner nrkeeper's last known oddneao. ^ if known; or (2) Personally orto other person nf suitable age residing ot the owner's residence; or (3) Posting of the notice at the owner nr keeper's last known address; or C. The declaration shall state at least: (1) A description nf the animal CD The name and address nf the owner or keeper ufthe oninno|. if known; (3) The whereabouts of the animal ifitis not in the custody of the owner; (4) The facts upon which the declaration nfpotentially dangerous dog iobased. (5) The availability ofo hearing in case the person objects tV the declaration, ifa request is made within five calendar � ^ days. (6) The restrictions placed on the animal esa result ofthe declaration of potentially dangerous dogs; (7) The penalties for violation nf the restrictions, including the possibility nf destruction nf the animal, and imprisonment I or fining of the owner. I D. If the owner of animal wishes to object to the declaration of potentially dangerous dog: (1) The owner may, within five days of receipt of the declaration request a hearing before the district court by submitting a written request to the clerk of the court. (2) If the court finds that there is insufficient evidence to support the declaration, it shall be rescinded and the restrictions imposed thereby annulled; (3) If the court finds sufficient evidence to support the declaration it may impose court costs on the appellant, and may impose additional restrictions on the animal or owner. (4) In the event the court finds that the animal is not a potentially dangerous dog, no court costs shall be assessed against the county or the animal control authority or officer. E. Following service of a declaration of potentially dangerous dog the animal control authority may if circumstances require impound the animal at the owner's expense, pursuant to the provisions of this chapter, until a court orders either its redemption or destruction. F. The animal control authority (County Sheriff) shall issue a potentially dangerous dog license to the owner of a potentially dangerous dog if the owner presents to the animal control authority sufficient evidence of: (1) Proper confinement for the potentially dangerous dog. (2) A micro-chip identification tag placed into the animal by a licensed veterinarian. (3) A current photograph of the.animal G. The license fee for each potentially dangerous dog to be licensed under this section is fifty dollars. The annual renewal fee for each potentially dangerous dog licensed under this section is twenty five dollars and shall be due no later than January 31 st of each year. All owners of potentially dangerous dogs shall purchase a potentially dangerous dog license from the animal control authority within five days of receipt of the declaration of potentially dangerous dog (if no proper appeal has been filed). H. The County Sheriff shall be responsible for the declaration of potentially dangerous dogs, and the licensing of potentially dangerous dogs under this section. Section 006. Dangerous Dogs A. The animal control authority may find and declare an animal dangerous if it has probable cause to believe that the animal falls within the definition as previously set forth. The finding must be based upon: (1) The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of dangerous dog. (2) Dog bite reports filed with the animal control authority as required by this chapter or state law; or. (3) Actions of the dog witnessed by any animal control officer or law enforcement officer; or (4) Other substantial evidence admissible in court. B. The declaration of dangerous dog shall be in writing, shall be served on the owner in one of the following methods. (1) Certified mail to the owner or keeper's last known address, if known; or (2) Personally or to other person of suitable age residing at 5 t owner's residence. (3) Posting of the notice at the owner or keeper's last known address. C. The declaration shall state at least: (1) A description of the animal (2) The name and address of the owner or keeper of the animal, if known; (3) The whereabouts of the animal if it is not in the custody of the owner; j (4) The facts upon which the declaration of dangerous dog is based. (5) The availability of a hearing in case the person objects to the declaration, if a request is made within five calendar days. (6) The restrictions placed on the animal as a result of the declaration of dangerous dog; (7) The penalties for violation of the restrictions, including the possibility of destruction of the animal, and imprisonment or fining of the owner. D. If the owner of animal wishes to object to the declaration of dangerous dog: (1) The owner may, within five days of receipt of the declaration request a hearing before the district court by submitting a written request to the clerk of the court. (2) If the court finds that there is insufficient evidence to support the declaration, it shall be rescinded and the restrictions imposed thereby annulled; (3) If the court find sufficient evidence to support the declaration it may impose court costs on the appellant, and may impose additional restrictions on the animal or owner. (4) In the event the court finds that the animal is not a dangerous dog, no court costs shall be assessed against the county or the animal control authority or officer. E. Following service of a declaration of dangerous dog the animal control authority may if circumstances require impound the animal at the owner's expense, pursuant to the provisions of this chapter, until a court orders either its redemption or destruction. F. The animal control authority shall issue a dangerous dog license to the owner of a dangerous dog if the owner presents to the animal control authority sufficient evidence of: (1) A proper enclosure to confine a dangerous dog and the posting of the premises with clearly visible signs 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 RCW Chapter 48.28 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 dangerous dog; or (3) A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least fifty thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous dog. 6 , � (4) A micro-chip identification tag placed into the animal by a licensed veterinarian. (5) A current photograph nf the animal. , G. The license fee for each dangerous dog tobe licensed under this section isone hundred dollars. The annual renewal fee for each dangerous dog licensed under this section is fifty dollars and shall be due no later than January 31utnfeach year. All owners of dangerous dogs shall purchase a dangerous dog license from the animal control authority within five days of receipt of the declaration of dangerous dog (if no proper appeal has been fi|od). H. The County Sheriff shall be responsible for the declaration of dangerous dogs, and the licensing of dangerous dogs under this section. SectionDO7. Pena|Unsundtronsferofmwnnrship— potnntiaUyanddongenousdogs. A. |tis unlawful for on owner ofo potentially dangerous dog to permit the dog tobead large atanytime. B. Any owner ufe potentially dangerous dog who fails tnobtain o license or renewal for such dog os described in Section OO5in addition tn criminal sanctions shall bo assessed a civil penalty in the amount of two hundred fifty dollars and the animal shall be immediately confiscated by the oninno| control authority. Nn such civil penalty shall bo assessed until five days have elapsed from the date such owner ia notified by the animal control authority that such license nr renewal for such potentially dangerous dog is required, or until any appeal brought under that section has been complete, whichever islater. C. Any owner ofo dangerous dog who fails to obtain o license nr ' renewal for such dog os described in Section OOGinaddition tn criminal sanctions shall be assessed a civil penalty inthe amount of five hundred dollars and the animal shall bo immediately confiscated No such civil penalty shall beassessed until five days have elapsed from the date such owner iu notified by the animal control authority that such o license or renewal for such dangerous dog ia required, or until any appeal brought under that section has been complete, whichever is later. D. Any potentially dangerous or dangerous dog for which alicense ' or renewal has not been obtained by its owner pursuant tu sections OD5 and ODGis subject tn being impounded bythe . . animal control authority. The owner of any potentially dangerous nr dangerous dog nn impounded shall be subject toacivil penalty in the amount of ten dollars per day for each day such ^ dog remains impounded with the animal control authority. Any potentially dangerous or dangerous dog impounded due tothe failure nf the owner nf such dog to obtain the required license or renewal and which remains impounded for a period ofot least ten days due to the failure of the owner to obtain such license or renewal may be destroyed inan expeditious and humane manner by the animal control authority and the owner shall beassessed an additional civil penalty in the amount of fifty dollars for the cost nf destroying the animal. A civil penalty inthe amount often dollars per day shall be assessed against the owner nfeach potentially dangerous nr dangerous dog impounded bythe animal control authority under this section. E. |tis unlawful for the owner ofu dangerous dog to permit the � � dog tobe outside the proper enclosure unless the dog is � / i muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal. Any owner who violates this provision in addition to criminal sanctions shall be assessed a civil penalty of two hundred fifty dollars for each violation thereof. F. Any dangerous dog shall be immediately confiscated by an animal control authority if the: (1) Dog is not validly licensed; or (2) Owner does not secure the liability insurance; or (3) Dog is not maintained in a proper enclosure; or (4) Dog is outside of the dwelling of the owner, or outside of the proper enclosure and not muzzled and under restraint of the responsible person. In addition, the owner shall be guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021. The owner of any dog confiscated under this subsection may recover such dog from the animal control authority upon the payment of a civil fine which shall be in the amount of two hundred fifty dollars plus ten dollars per day for each day said dog has been in control of the animal control authority; provided however, that in the event the owner has not picked up the dangerous dog within ten days of being notified by the animal control authority that such dog is under the control of such authority, the dog shall be destroyed in an expeditious and humane manner and the owner shall be assessed an additional civil penalty in the amount of fifty dollars for the cost of destroying such dangerous dog. G. If a dangerous dog of an owner with prior convictions under this chapter attacks or bites a person or another domestic animal, the dog's owner is guilty of a class C felony, punishable in accordance with RCW 9A.20.021. In addition, the dangerous dog shall be immediately confiscated by the animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner. The owner of any dangerous dog confiscated and destroyed pursuant to this subsection shall be assessed a civil penalty in the amount of ten dollars per day for each day such dangerous dog is quarantined with the animal control authority and in an amount of fifty dollars for the cost of destroying such dangerous„us dog. H. Owners of potentially and dangerous dogs who sell or otherwise transfer the ownership, custody, or residence of the dog shall within (10) days inform the Mason County Sheriff's Office, in writing, the name, address, and telephone number of the new owner and the name and description of the dog. The owner shall, in addition, notify the new owner in writing the details of the dog's record, terms and conditions of the maintenance and provide the Mason County Sheriff's Office with a copy thereof containing an acknowledgment by the owner of his/her receipt of the original. Section 008. Rabies and Disease Control The Mason County Health District Officer, or his/her designee, shall have the responsibility for administering the rules and regulations of the Washington State Board of Health relating to rabies and disease control 8 in Mason County. GectionOOS. Rabies Contnol-Quarandine and Disposal A. Any animal which bites o person and that bite breaks the skin shall be quarantined fnr1O days as may be ordered by the Animal Control Authority or the Mason County Health District Officer. During quarantine, the animal shall besecurely confined and kept from contact with any other animal orperson except for the primary caretaker of the animal. The quarantine may bn permitted nn the premises nf the owner ifthe owner can show proper quarantine confinement tn the animal Control Authority. If the Animal Control Authority requires other confinement, the owner shall surrender the animal for the quarantine period toon animal shelter or veterinary hospital ot ^ the expense of the owner. B. No enforcement officer nr any other person shall knowingly, except in the reasonable effort to pndmot himself orothers, kill, ' or cause tobe killed, any animal suspected of being rabid; provided if a veterinarian, after a thourough diagnoses, determines possible rabies in any animal in quarantine, the animal shall be humanely killed and the ' head nf the animal sent to the state laboratory for pathological examination and confirmation of the diagnosis. Section 010. Habitual Violator A. |n addition to any legal remedy available under the provisions of this chapter, the Animal Control Authority will notify and direct in writing the owner of any animal which io guilty of three notices ofviolation, pursuant to Section 003 of this ordinance, in any 12 month period to abate and r remove said animal from the county within 72 hours from the date uf said notice, nrin the alternative to abate and transfer ownership and possession of the animal to another person not living ot the same place nfresidence. Such notice to abate shall state the method of appealing the order except that any appeal must bn filed before the closure nf the Animal Control Authority's office on the second business day following service nf the notice. B. The owner of any animal that has been served with nn order of abatement, pursuant to section O1OAA may appeal such order by ' requesting o hearing before the district court by submitting o written request to the clerk nf the court. Any appeal must befiled . . before the closure nf the Animal Control Authority's office onthe second business day following service of the notice. C. If said owner ofanimal is found in violation of the obotnnnont ' notice after 72 hours have elapsed from the date of notice and nn timely appeal io filed, said animal shall be impounded and removed by the Animal Control Authority, subject to all impound procedures; provided however, the animal may not bnreturned to the same residence or property from which it was impounded or resided. GeotionO11. Enforcement � A. The Animal Control Authority is hereby authorized to take such � lawful action as may be required to enforce the provision of this ordinance and the laws ofthe state of Washington pertaining 9 ` ` to animal cruelty, shelter, welfare and control and as amended. Such action may include, but not bo limited tnthe issuance nf warning notices or citations to owners ofanimals found tnbeo public nuisance and/or apprehension and impoundment ofanimals. ` B. The Animal Control Authority while pursuing any animal observed tnbein violation of this chapter may enter upon any . . public nr private property, except any private building, for the purpose of abating the animal violation being pursued. Entry into a building designated for and used for private purposes may ' be accomplished upon the issuance nfa proper search or arrest warrant bya court of competent jurisdiction. SectionDi2. Impoundment A. The Animal Control Authority may apprehend any animal found doing or involved in acts defined ese public nuisance and/or being subjected to cruel treatment us defined bylaw. |[itionot reasonably possible to return the animal to its owner, the Animal Control Authority shall notify the owner ofthe animal within a reasonable time by telephone, mail, direct personal contact nr posting at the residence of the owner that the animal has been impounded and if appropriate may be redeemed at the designated animal shelter. Any animal impounded pursuant to this Title shall be held for the owner for ot least two business days commencing with apprehension. Any animal not redeemed by its owner during the prescribed perind, or which is suffering from o serious injury or disease os determined bya licensed veterinarian, may be humanely destroyed at the expense of the owner. B. Animals that are removed from the possession ofa person inthe custody ofe law enforcement officer shall be held for the period described in this section. An impoundment receiptsho|| bo ' delivered tn the person in custody from whom the animal was taken. O. An impoundment receipt shall cite redemption requirements and shall serve os the notice tn the owner required herein. The above return and notification requirements shall not apply tn any animal that io deemed abandoned under the provisions of Chapter 16.54 RCVV. nrau defined in this ordinance. D. Any potentially or dangerous dog may bo impounded ot the expense nfthe owner pending proper appeals. GectionD13. Impoundment Register The impounding authority shall maintain o register nfall animals impounded pursuant to this chapter, and such register shall show the species and breed nf the animal, o description nf the animal bycoloring and marking, the time and date nf impoundment, the name nfAnimal Control Officer impoundingthn animal, the area in which the animal was picked up, the method and time of notifying the owner if known, of redemption procedures, and the disposition of the animal and the date and time thereof. 8eoti'n 014. Notice of Violation--Civil Penalties A. Unless another penalty in expressly provided for, all acts, conduct, and events prohibited or declared unlawful in this Ordinance nhu{| constitute civil infraction. � ^ 10 ` B. Whenever an Animal Control Officer has. reasonable grounds ho believe an animal is violating or being maintained in violation of this chapter, he/she shall ba authorized tn issue the owner e notice of violation. The penalties assessed within any twelve month period shall beasfollows: Public nuisance violation as defined in Section 003: ' Firstvin|sdion----------------wanningnotioo Second violation.........................................$1OO.00 civil infraction Third violation.............................................$25O.OD civil infraction Fourth violation............................................Misdemeanor Dogs declared tobopotentially dangerous nrdangerous: |n addition tn any license requirements the following shall apply: PntentiaUydangerousdog---- $25D.OD civil infraction Dangerous dog......... ..................... $SOO.00 civil infraction Potentially dangerous dog atlarge $25D.OD civil infraction Quarantine: Any person permitting an animal tn violate e quarantine order ' shall ba subject ho the following penalties: Failure to quarantine and/or failure . tn control quarantined animal.........$25D.OD civil infraction If any owner cited under this ordinance destroys or transfers the ownership of the said animal it does not relieve the owner of his/her responsibility to pay any and all civil or criminal fines or penalties as the result of the infraction or citation. GectionO15. Legal or equitable relief The Animal Control Authority in addition to the use of any other remedy herein, may seek legal or equitable relief to enjoin acts or practices and abate any conditions which constitute a violation of this chapter or other regulations hereafter adopted. ' GoctionO18. Redemption The redemption fee for an animal includes the cost of apprehension and transportation and the costs of impoundment and care of the animal including veterinary fees and shall be paid to and retained by the Animal Control Authority. Any civil penalties due and owing ahu|| be in addition to the redemption fee. The redemption fee shall b*set in accordance with the schedule provided by the impoundment facility; A. Daily Care: For each 24 hour period or portion thereof, from the time of impoundment: 1) Dog nrcat $10.00 ' 2) Other small animal weighing less than 6Opounds $10.00 3) Any livestock weighing 5O pounds ormore $20.00 B. Veterinary costs: Actual costs incurred from emergency medical oore, other extraordinary costs incurred to apprehend and/or impound the animal may bn charged by the Animal Control Authority. Section 017. Immunity The county, the county's designee, the animal control authnrity, and the animal control officer shall be immune from any and all civil liability for any actions taken pursuant to this chapter, or for any failure to take action to enforce the provisions of this chapter. This chapter has been enacted for the welfare of the public asawhole. Section 018. Soverabi|ity 11 I Should any section, clause, or provision of this ordinance by declared by the courts to be invalid, the same shall not effect the validity of the ordinance as a whole or any part thereof other than the part declared invalid. Signed this u_ day of July, 1998. TO BE EFFECTIVE 8-29-98. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, ASHINGTON / 7 Joh Bolen r Chair rs n A c i r ,, -- nthia . Olsen, Commissioner I Mary Jo G'ady Commissione ATTEST: e ecca S. Rogers, Clerk kk the Board P R7VrA TO FORM: . Chief Deputy Prosecuting Attorney Michael Clift i I I 12