City of Ocean Shores Regular City Council Meeting

Transcription

1 Agenda City of Ocean Shores Regular City Council Meeting Monday January 26, :00 PM Ocean Shores Convention Center 120 W Chance A La Mer Ocean Shores, Washington Page Call to Order Roll Call Pledge of Allegiance Approval of Meeting Agenda Ceremonies and Proclamations Public Communication to Council Announcements 1. Board and Committee Vacancies Five member and two alternate vacancies on the Building Code Board of Appeals, two vacancies on the Planning Commission, two vacancies on the Park Board, two vacancies on the Civil Service Commission, and one vacancy each on the Fresh Waterways Advisory Board and the Library Board. Appointments 2. Mayor Dingler to reappoint, with Council consensus, Linda Swalley to the Library Board. Other Reports Staff Report Executive Session Consent Agenda Page 1 of 47

2 Page Approval of minutes for the Regular City Council Meeting on January 12, Approval of Claims. Old Council Business Ordinance An Ordinance of the City Council of the City of Ocean Shores, Washington, amending Ordinance No. 913 and Ocean Shores Municipal Code Chapter authorizing the sale of surplus LID foreclosure properties. Presented by Steve Ensley Second Reading Council Questions Public Comment Council Action New Council Business An Ordinance of the City Council of the City of Ocean Shores, Washington, amending Ocean Shores Municipal Code Chapter 6.04 Animals, Section Definitions, Section Dangerous and/or Potentially Dangerous Dogs - Declaration, Service and Administrative Appeal Process, Section Dangerous Dogs - Licensing, Section Allowing Vicious Animal at Large, adding Sections Dangerous Dogs - Confiscation - Duties of Animal Control Authority - Penalties and Affirmative Defenses for Owners of Dogs that Attack - Dog Fights, Penalty and Section Failure to Maintain Control or Confinement of a Dangerous Dog. Presented by Mayor Dingler and Chief Styner First Reading Council Questions Public Comment Council Discussion Discussion Non-Transport EMS Fees Presented by Chief Tom Lique Council Discussion Public Comment Mayor's Salary Council Discussion Public Comment Council Reports Mayor's Report Page 2 of 47

3 Page Future Agenda Item Suggestions 9. Agenda Review: Thursday, January 29, 2015 at 10:00 a.m. Future Meeting Topics: Convention Center Management. Firebreak. Abatements. Airport. Erosion. Adjourn Page 3 of 47

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5 REGULAR CITY COUNCIL MEETING MINUTES JANUARY 12, 2015 Call to Order: Mayor Dingler called the Regular City Council Meeting to order at 6:00 p.m., at the Ocean Shores Convention Center. The recorded meeting may be accessed on the City website or viewed on cable Channel 68 Tuesday and Friday at 7:00 p.m. Elected Officials present: Mayor Dingler and Councilmembers Lynn, Schroeder, Overton, Hill, Farra, Scott, and Broadbent. City Staff present: Police Chief Mike Styner, Finance Director Steve Ensley, Public Works Director Nick Bird, Deputy Police Chief Neccie Logan, and City Clerk Rachel Carl. Roll Call: City Clerk Carl called roll. Pledge of Allegiance: Meeting Agenda Approval: Councilmember Lynn led the Pledge of Allegiance. Mayor Dingler asked if the Council would like to keep the re-levy on the agenda. The County Assessor s Office said that the City has one last opportunity to change their decision on the refund levy before the January 15, 2015 deadline. Recording #00:02:06 - Councilmember Schroeder made a motion to amend the agenda and remove Item 8 the Resolution to re-levy the vote again. Councilmember Farra seconded the motion. There was Council discussion about when Item 8 was added to the agenda; the rationale for bringing this back on the agenda; and the Council s opportunity to reconsider the re-levy. The motion passed with five yes votes and two no votes by Councilmembers Lynn and Overton. Recording #00:08:02 - Councilmember Scott made a motion for approval of the agenda. Councilmember Broadbent seconded the motion. The motion passed unanimously. Ceremonies and Proclamations: Public Communication: None. Randy Peck commented on the City s taxing capacity and current assessments. Mr. Peck asked Council for more time. Recording #00:11:53 - Councilmember Schroeder made a motion to give Mr. Peck an additional minute. Councilmember Hill seconded the motion. The motion passed with five yes votes, one no vote by Councilmember Broadbent, and one abstention by Councilmember Lynn. Walter Weed commented on his rainfall chart and the AARP tax assistance that is available at the Ocean Shores Library. John Farra commented in favor of allocating $41,000 to the Library and asked the Council to make a motion to do so. Dan Fajardo commented about a comment he considered derogatory made by a Councilmember in November about the Elks Lodge, and he listed the many ways that the Elks Lodge supports their local community Regular Meeting Page 1 of 4 3. Approval of minutes for the Regular City Council Meeting... Page 5 of 47

6 REGULAR CITY COUNCIL MEETING MINUTES JANUARY 12, 2015 The Councilmember apologized for making the comment. Announcements: Appointments: Other Reports: Staff Report: Mayor Dingler announced that there are five member and two alternate vacancies on the Building Code Board of Appeals, three vacancies on the Planning Commission, and two vacancies on the Park Board, and one vacancy each on the Civil Service Commission, the Fresh Waterways Advisory Board, and the Library Board. Mayor Dingler, with Council consensus, reappointed Cathey Peterson to the Planning Commission. None. Mayor Dingler announced that Chief Lique was not able to attend and report on non-transfer EMS fees. Mayor Dingler commented on the City s support for the City of Hoquiam during the storm clean-up. Public Works Director Nick Bird gave a report and power point presentation on flooding, the street closure, the Geotubes, and hydrant flushing. There were Council questions regarding saltwater intrusion in the canals; fencing near the Geotubes; and visits from the Army Corps of Engineers. Mayor Dingler was asked by a Councilmember to discuss the visits with the Army Corps of Engineers and did so. There was a Council question regarding the closure of the Overlake Bridge. Executive Session: Consent Agenda: None. Recording #00:55:11 - Councilmember Scott made a motion for approval of the Consent Agenda. Councilmember Schroeder seconded the motion. The motion passed unanimously. The Consent Agenda included: 1. Approval of minutes for the November 24, 2014 Regular City Council Meeting, the December 15, 2014 Special City Council Meeting, and the January 5, 2015 Budget Study Session. 2. Approval of Claim Warrants # through # in the amount of $668, dated December 2014 and January Approval of Treasurer Checks #12575 through #12585 and #90095 through # in the amount of $2,612, dated November and December Approval of Payroll Warrants # through # (plus 210 ACH checks) in the amount of $470, dated December 2014 and January Approval of Accounts Payable Warrants # through # in the amount of $455, dated November and December. Old Council Business: None Regular Meeting Page 2 of 4 3. Approval of minutes for the Regular City Council Meeting... Page 6 of 47

7 REGULAR CITY COUNCIL MEETING MINUTES JANUARY 12, 2015 Ordinance: OSMC Amendment An Ordinance of the City Council of the City of Ocean Shores, Washington, amending Ordinance No. 913 and ocean Shores Municipal Code Chapter authorizing the sale of surplus LID foreclosure properties. Steve Ensley gave the first reading of the Ordinance by title. Council discussed the rationale for the amendment; using fair market value ; adding in relation to fair market value to the last line of the first page; recovering costs for the lots; rewriting the Ordinance; raising the percentage accepted because of the lower assessments. There was Public Comment regarding the minimum amount the City should accept for properties; seting a minimum threshold based on costs incurred; listing the surplus properties in smaller increments. Council discussed making changes to the Ordinance; the LID fund; getting the properties back on the tax rolls. Resolution No.730: EMS Levy A Resolution of the City Council of the City of Ocean Shores, Washington, providing for the submission to the qualified electors of the City at an election to be held on [insert election date], of a proposition authorizing the City to impose an additional regular property tax for emergency medical services or emergency medical care pursuant to RCW Steve Ensley presented the Resolution. Council discussed the required approval percentage; the MIL rate; putting the measure on the April 28 th ballot; voting on the measure at the earliest election possible; funding EMS through the general fund; holding a Town Hall Meeting regarding EMS funding; and support for the April 28 th election date. There was Public Comment regarding funding EMS through a regular levy or an ambulance utility and the effects on the citizens who live here; in opposition to raising the ambulance utility; in opposition to tying the EMS levy to the ambulance utility; in support of the EMS levy as presented; and if a number of certain number of votes is required to validate the vote; Recording #01:45:11 - Councilmember Lynn made a motion that the City Council approve the Resolution providing for the submission to the qualified electors of the City at the election to be held on April 28 of a proposition authorizing the City to impose an additional regular property tax for emergency medical or emergency medical care pursuant to RCW and waive second reading. Councilmember Scott seconded the motion. There was a Council question about one of the whereas clauses. The motion passed with five yes votes and two no votes by Councilmembers Hill and Farra Regular Meeting Page 3 of 4 3. Approval of minutes for the Regular City Council Meeting... Page 7 of 47

8 REGULAR CITY COUNCIL MEETING MINUTES JANUARY 12, 2015 Discussion: 2015 Budget Study Session Council discussed holding another 2015 Budget Study Session. There was Council consensus to hold Study Sessions before Regular Meetings from 5:00 p.m. to 6:00 p.m. and have the agendas for these sessions decided and the Agenda Review Meetings. There was additional Council discussion about reducing the General Fund budget by a certain number and long-term planning. Council Report: Councilmember Overton reported on the Fresh Waterways Advisory Board Meeting, commented on the wooden horse, and announced that the Navy will be holding a public forum tomorrow in regards to the sonar testing along the coast. Councilmember Lynn complimented the storm drain crew for their maintenance on the storm drain systems. Councilmember Farra commented on legal fees; the Port is meeting tomorrow; and State Parks will be having a meeting regarding wind-powered vehicles on the beach. Councilmember Scott reported that the Legislature convened today. Councilmember Schroeder reported that he missed the Parks Board Meeting; and commented on revisions to the dog ordinance. Councilmember Broadbent reported attending the Fresh Waterways Corporation Meeting and the Finance Committee Meeting. Mayor s Report: Future Agenda Items: Adjourn: Mayor Dingler reported that the County would like to meet with the City regarding the Illahee/Oyehut sewer; Oyhut Bay developers will be meeting with City regarding building permits; the golf course bridge has some problems, and the State will be looking at the bridge and giving the City an estimate for repairs; met with the regional head of the State Parks Department regarding an extension to the agreement for the Geotubes on the beach; Exact Heated Storage has been sold; will attend the Mayor s Exchange and will meet with Senator Jim Hargrove; and the sale of the Fire Station closed. Councilmember Broadbent assigned Councilmembers Hill and Scott to the Agenda Review on Tuesday, January 20, Mayor Dingler adjourned the Regular City Council meeting at 8:09 p.m. Signed: Attest: Crystal L. Dingler, Mayor Rachel D. Carl, City Clerk Regular Meeting Page 4 of 4 3. Approval of minutes for the Regular City Council Meeting... Page 8 of 47

9 City of Ocean Shores AGENDA BILL COUNCIL MEETING DATE: January 26, 2014 SUBJECT: THE SALE OF SURPLUS LID FORECLOSURE PROPERTIES CATEGORY: CONSENT AGENDA X ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION X OLD BUSINESS REQUEST STUDY SESSION NEW BUSINESS CONSULTANT REPORT OTHER ATTACHMENTS: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, AMENDING ORDINANCE NO. 913 AND OCEAN SHORES MUNICIPAL CODE CHAPTER AUTHORIZING THE SALE OF SURPLUS LID FORECLOSURE PROPERTIES SUMMARY/BACKGROUND: The City seeks Council approval to sell the surplus LID foreclosure properties at a price negotiated by the Mayor or her designee. EXPENDITURE AMOUNT: $ AMOUNT BUDGETED: N/A BUDGET MODIFICATION REQUIRED: No STAFF RECOMMENDATION: Approval MAYOR'S RECOMMENDATION: Approval PRESENTED BY: Steve Ensley (BELOW TO BE COMPLETED BY CITY CLERK S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: updated 5. Ordinance An Ordinance of the City Council of the City of... Page 9 of 47

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11 CITY OF OCEAN SHORES, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, AMENDING ORDINANCE NO. 913 AND OCEAN SHORES MUNICIPAL CODE CHAPTER AUTHORIZING THE SALE OF SURPLUS LID FORECLOSURE PROPERTIES WHEREAS, the City of Ocean Shores Ordinance No. 913 and its Municipal Code Chapter regulate the sale of surplus lid foreclosure properties; and WHEREAS, beginning in 2015, properties in the State of Washington will be reassessed annually instead of on a four-year cycle; and WHEREAS, the City anticipates that such annual reassessments will result in variable assessments on foreclosure properties over the next few years; and WHEREAS, the City feels that having a published benchmark at which it may sell foreclosed properties without having to discuss the price with the City Council, is not in the City s best interests. NOW, THEREFORE, the City Council of the Ocean Shores does hereby ordain as follows: Section 1. Ordinance No. 913 and Ocean Shores Municipal Code Section are hereby amended to read as follows: Sale of surplus LID foreclosure properties. A. Authorization. All LID foreclosure properties shall be identified by resolution by the city council as surplus. B. Disposal. The Mayor or designee will market the properties or have them marketed by a professional, using all resources common to marketing of such property, including but not limited to installing signs, and publishing information. The terms of sale shall be for cash only and all sales will be subject to any remaining right of redemption. The mayor or designee shall be authorized to negotiate with prospective purchasers and also to accept reasonable offers in relation to fair market value on behalf of the city. Page 1 of 2 Resolution No. 5. Ordinance An Ordinance of the City Council of the City of... Page 11 of 47

12 except that any offers for less than seventy-five percent of the assessed value shall be presented to the city council by the mayor or designee, together with recommendations, at a regularly scheduled city council meeting for approval or rejection by council resolution. Section 2. This ordinance shall take effect thirty (30) days after the date of publication. THIS ORDINANCE PASSED AND ADOPTED by the City Council of the City of Ocean Shores, Washington, at a regular open public meeting on this 26th day of January ATTEST: Crystal L. Dingler, Mayor Rachel D. Carl, City Clerk REVIEWED AND APPROVED BY: Brent Dille, City Attorney Page 2 of 2 Resolution No. 5. Ordinance An Ordinance of the City Council of the City of... Page 12 of 47

13 City of Ocean Shores AGENDA BILL COUNCIL MEETING DATE: January 26, 2015 SUBJECT: Ordinance, OSMC Chapter 6.04, Animals, Update CATEGORY: CONSENT AGENDA XX ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS REQUEST STUDY SESSION XX NEW BUSINESS CONSULTANT REPORT OTHER ATTACHMENTS: Proposed Ordinance Chapter 6.04 Animals (Working/Reference Copy) RCW through SUMMARY/BACKGROUND: OSMC Chapter 6.04, Animals, has been reviewed and updated as requested. The updates will provide law enforcement and animal control with the tools needed to effectively manage potentially dangerous dogs and dangerous dogs within the City of Ocean Shores. The packet includes a working/reference copy of Chapter 6.04, Animals, in legislative form, to facilitate review of the changes and additions included in the proposed ordinance. The attached Ordinance has been reviewed and approved by the City Attorney EXPENDITURE AMOUNT: 0 AMOUNT BUDGETED: 0 BUDGET MODIFICATION REQUIRED: No STAFF RECOMMENDATION: Chief Styner recommends passage of the ordinance as proposed. MAYOR S RECOMMENDATION: Mayor Dingler recommends passage of the ordinance as proposed. PRESENTED BY: MIKE STYNER, CHIEF OF POLICE (BELOW TO BE COMPLETED BY CITY CLERK S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: updated 6. An Ordinance of the City Council of the City of Ocean Sho... Page 13 of 47

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15 CITY OF OCEAN SHORES, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, AMENDING OCEAN SHORES MUNICIPAL CODE CHAPTER 6.04 ANIMALS, SECTION DEFINITIONS, SECTION DANGEROUS AND/OR POTENTIALLY DANGEROUS DOGS--- DECLARATION, SERVICE AND ADMINISTRATIVE APPEAL PROCESS, SECTION DANGEROUS DOGS LICENSING, SECTION ALLOWING VICIOUS ANIMAL AT LARGE, ADDING SECTIONS DANGEROUS DOGS CONFISCATION DUTIES OF ANIMAL CONTROL AUTHORITY PENALTIES AND AFFIRMATIVE DEFENSES FOR OWNERS OF DOGS THAT ATTACK DOG FIGHTS, PENALTY AND SECTION FAILURE TO MAINTAIN CONTROL OR CONFINEMENT OF A DANGEROUS DOG WHEREAS, the City has received, investigated and confirmed reports of the unlawful keeping of dangerous or potentially dangerous dogs within the City limits; and WHEREAS, the City has received, investigated and confirmed reports of the unlawful presence of dangerous dogs and potentially dangerous dogs outside suitable enclosures and at large within the City limits, potentially endangering the public health, safety and welfare; and WHEREAS, the City Council finds that a revision of the Ocean Shores Municipal Code Chapter 6.04 Animals is necessary in order to better protect public health, safety, and welfare, and, the quality of life in Ocean Shores; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section Definitions of the Ocean Shores Municipal Code is hereby amended to read as follows: Definitions. Replace definition of Proper Enclosure for a Dangerous Dog with the following: Page 1 of 6 Ordinance No. 6. An Ordinance of the City Council of the City of Ocean Sho... Page 15 of 47

16 Control and Confinement of a Dangerous Dog means the dog 1. Must be securely muzzled and leashed and under the control of a person physically able to restrain and control the dog if the dog is away from the premises of the owner or keeper; or 2. While on the premises of the owner or keeper, the dog must be securely confined inside a locked building, kennel, pen, or other structure having secure sides, bottom, and top, suitable to prevent the entry of young children or their being able to place any portion of their anatomy so as to expose it to the risk of attack by the dog 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. The owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog; and 3. Must be in conformance with any other restrictions which may be set forth in the designation classifying the dog as dangerous. As used in this chapter, the following terms shall mean: Dangerous dog means any dog that: 1. Without provocation, inflicts severe injury on a human being on public or private property; or 2. Without provocation, inflicts severe injury on or kills a domestic animal, or other animal protected by federal, state, or local rules, while off the owner s or keeper s property; or 3. Having been previously found to be potentially dangerous, and the owner having received notice of such, the dog again, without provocation, aggressively bites, attacks, or endangers the safety of humans, domestic animals, or other animals. Potentially dangerous dog means any dog which, without provocation: 1. Inflicts bites on a human or domestic animal or other animal protected by federal, state, or local rules; or 2. Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; or 3. Any dog with a known propensity, tendency, or disposition to attack, causes injury or otherwise threatens the safety of humans or domestic animals or Page 2 of 6 Ordinance No. 6. An Ordinance of the City Council of the City of Ocean Sho... Page 16 of 47

17 other animals protected by federal, state, or local rules, while off the owner s property. Section Dangerous and/or potentially dangerous dogs Declaration, service, and administrative appeal process. Section B is amended to read as follows: B. If the owner of the animal wishes to contest the dangerous dog declaration, the following procedures shall apply: Section 3. follows: Dangerous Dogs----Licensing is amended to read as Dangerous Dogs----Registration A. It is unlawful for an owner to have a dangerous dog in the City of Ocean Shores without a certificate of registration issued under this section. B. The Animal Control Authority shall issue a certificate of registration to the owner of such animal if the owner presents to the animal control officer sufficient evidence that: (1) The dog is properly confined as provided in definitions; (2) A surety bond issued by a surety insurer qualified under chapter RCW in a form acceptable to the animal control authority in the sum of at least two hundred 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 Title 48 RCW in the amount of at least two hundred fifty thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous dog. C. There shall be a fee of $ for the issuance of a Certificate of Registration for a dangerous dog. D. A Certificate of Registration for a dangerous dog shall be valid for one (1) year and must be renewed upon expiration. Renewal will require meeting the requirements set forth above at B. E. Failure to register a dangerous dog as set forth in this section shall be a Class A offense. F. Failure to maintain valid insurance or surety bond during the period of a Dangerous Dog Registration shall be a Class A offense. Page 3 of 6 Ordinance No. 6. An Ordinance of the City Council of the City of Ocean Sho... Page 17 of 47

18 Section Dangerous dogs Confiscation Conditions Duties of animal control authority Penalties and affirmative defenses for owners of dogs that attack Dog fights, penalty; is hereby added to read as follows: A. Any dangerous dog shall be immediately confiscated by the animal control authority if the: (1) Dog is not validly registered under OSMC ; (2) Owner does not secure or maintain the liability insurance coverage required under OSMC ; (3) Dog is not maintained in the proper enclosure as defined in ; or (4) Dog is outside of the dwelling of the owner, and not under control or confinement as defined in The owner must pay the costs incurred by the city for confinement and control. The Animal Control Authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within twenty (20) days. In addition, the owner shall be guilty of a Class A offense. B. If a dangerous dog of an owner with a prior conviction 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 It is an affirmative defense that the defendant must prove by a preponderance of the evidence that he or she was in compliance with the requirements for ownership of a dangerous dog pursuant to this chapter and the person or domestic animal attacked or bitten by the defendant's dog trespassed on the defendant's real or personal property or provoked the defendant's dog without justification or excuse. In addition, if the affirmative defense is found insufficient, 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. C. The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether or not the dog has previously been declared potentially dangerous or dangerous, shall, upon conviction, be guilty of a class C felony punishable in accordance with RCW 9A It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the human severely injured or killed by the defendant's dog: (a) Trespassed on the defendant's real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with Page 4 of 6 Ordinance No. 6. An Ordinance of the City Council of the City of Ocean Sho... Page 18 of 47

19 clearly visible signs warning people, including children, not to trespass and to beware of dog; or (b) provoked the defendant's dog without justification or excuse on the defendant's real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of dog. In such a prosecution, the state has the burden of showing that the owner of the dog either knew or should have known that the dog was potentially dangerous as defined in this chapter. The state may not meet its burden of proof that the owner should have known the dog was potentially dangerous solely by showing the dog to be a particular breed or breeds. In addition, the dog shall be immediately confiscated by an animal control authority, quarantined, and upon conviction of the owner destroyed in an expeditious and humane manner. D. Any person entering a dog in a dog fight is guilty of a class C felony punishable in accordance with RCW 9A Section Allowing vicious animal at large shall be amended to read as follows: Allowing a potentially dangerous dog at large. A. Every person having the care or custody of a declared potentially dangerous dog, who shall allow the same to escape or run at large in any place or manner liable to endanger the safety of any person, shall be guilty of an offense under subsection (B) of this section. B. Allowing a potentially dangerous dog to run at large is a Class B offense. Section Failure to maintain control or confinement of a Dangerous Dog, is hereby added to this section to read as follows: Failure to maintain control or confinement of a Dangerous Dog A. Every person having the care or custody of a Dangerous Dog shall maintain Control and Confinement of a Dangerous Dog as defined in B. Failure to maintain Control and Confinement of a Dangerous Dog is a Class A offense. Section 7. This ordinance shall take effect thirty (30) days after the date of publication. Page 5 of 6 Ordinance No. 6. An Ordinance of the City Council of the City of Ocean Sho... Page 19 of 47

20 THIS ORDINANCE PASSED AND ADOPTED by the City Council of the City of Ocean Shores, Washington, at a regular open public meeting on this 26th day of January ATTEST: Crystal L. Dingler, Mayor Rachel D. Carl, City Clerk REVIEWED AND APPROVED BY: Brent Dille, City Attorney Page 6 of 6 Ordinance No. 6. An Ordinance of the City Council of the City of Ocean Sho... Page 20 of 47

21 Chapter 6.04 ANIMALS Sections: Definitions Dangerous and/or potentially dangerous dogs Declaration, service, and administrative appeal process Licensing Dangerous dogs Licensing Registration Running at large prohibited Nuisance animals Wild or exotic animals Rabies Quarantine Impounded animals Impoundment procedures Dangerous dogs Confiscation Conditions Duties of animal control authority Penalties and affirmative defenses for owners of dogs that attack Dog fights, penalty Adoption procedures Fees Confining dogs or cats in season Maximum number of dogs and/or cats permitted Wild animals and/or birds Livestock and/or poultry prohibited Animal care Allowing vicious animal a potentially dangerous dog at large Failure to maintain control or confinement of a Dangerous Dog. 1 1/15/2015 WORKING/REFERENCE COPY 6. An Ordinance of the City Council of the City of Ocean Sho... Page 21 of 47

22 Violation Penalty State provisions adopted by reference Animal cruelty in the second degree Elements Nonliability Severability Definitions. As used in this chapter, the following terms shall mean: Abandoned animal means an animal which is either dropped off, left in the street, road, highway, or on any other public or private property; or an animal which is placed in the custody of a veterinarian, boarding kennel owner, or any person for treatment, board or care; and 1. Having been placed in such custody for an unspecified period of time the animal is not removed within fifteen days after notice to remove the animal has been given to the person who placed the animal in such custody or having been so notified the person depositing the animal refuses or fails to pay agreed-upon or reasonable charges for the treatment, board, or care of such animal; or 2. Having been placed in such custody for a specified period of time the animal is not removed at the end of such specified period or the person depositing the animal refuses to pay agreed upon or reasonable charges for the treatment, board, or care of such animal. Animal control authority means any police officer and any person or association appointed or authorized by the mayor to enforce the provisions of this chapter. Animal shelter means any animal control facility operated by a municipal agency, or other contracted association designated and/or authorized to impound and care for animals held under the authority of this chapter and/or state law. At large means off the premises of the owner and not under the immediate control of the owner or other competent person by leash, cord, or chain not to exceed eight feet in length. Control and Confinement of a Dangerous Dog means the dog 1. Must be securely muzzled and leashed and under the control of a person physically able to restrain and control the dog if the dog is away from the premises of the owner or keeper; or 2 1/15/2015 WORKING/REFERENCE COPY 6. An Ordinance of the City Council of the City of Ocean Sho... Page 22 of 47

23 2. While on the premises of the owner or keeper, the dog must be securely confined inside a locked building, kennel, pen, or other structure having secure sides, bottom, and top, suitable to prevent the entry of young children or their being able to place any portion of their anatomy so as to expose it to the risk of attack by the dog 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. The owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog; and 3. Must be in conformance with any other restrictions which may be set forth in the designation classifying the dog as dangerous. Dangerous dog means any dog that: 1. Without provocation, inflicts has inflicted severe injury on a human being on public or private property; or 2. Without provocation, inflicts severe injury on or kills has killed a domestic animal, or other animal protected by federal, state, or local rules, while off the owner s or keeper s property; or 3. Having been previously found to be potentially dangerous, and the owner having received notice of such, the dog again, without provocation, aggressively bites, attacks, or endangers the safety of humans, domestic animals, or other animals. Exotic animal means an animal of foreign origin and that is not native by birth to this community or not normally tamed and bred for the companionship of humans. Foster care provider means an individual providing foster care at his or her place of residence as an agent or designee of a bona fide animal shelter or a nonprofit animal rescue organization. The organization shall provide said individual with documentation identifying the individual as the organization s authorized foster care provider. The foster care provider shall assume full responsibility for keeping animals in his or her care from becoming a public nuisance as defined in this section, and shall provide the animals with the proper care as described in Section No dog or cat shall remain in foster care for more than six months. Any dog or cat remaining in foster care for over six months shall lose its foster care animal status and shall be subject to the licensing and requirements set forth in Sections and Harbor means to have an animal which remains on one s premises, and/or the presumption of ownership of an animal by an occupant of any premises on which the animal remains or to which it customarily returns daily for food and care. Impoundment or impound means taking physical control of an animal by the animal control authority. The moment said authority is in physical control of an animal, the animal is considered impounded and subject to the impoundment fee and owner requirements. 3 1/15/2015 WORKING/REFERENCE COPY 6. An Ordinance of the City Council of the City of Ocean Sho... Page 23 of 47

24 Kennel means an establishment wherein a person engages in the business of boarding, breeding, buying, training for free, or a premises where a total of four or more dogs and/or cats over six months of age are harbored. License tag number means the rabies vaccination tag number issued pursuant to WAC Livestock means horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules, and any other farm-type animals. Nuisance means, without provocation, excessive barking or other oral noises which unreasonably disturb person(s) or a neighborhood; chasing vehicles; depositing excretory matter on property other than that of the owners; damaging property; running at large; and any potentially dangerous dog. Owner means a person having a right of possession to an animal or a person having control, custody, or possession, or a person who harbors an animal, with the exception of veterinary hospitals. Potentially dangerous dog means any dog which, without provocation: 1. Inflicts bites on a human or domestic animal or other animal protected by federal, state, or local rules; or 2. Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; or 3. Any dog with a known propensity, tendency, or disposition to attack, causes injury or otherwise threatens the safety of humans or domestic animals or other animals protected by federal, state, or local rules, while off the owner s property. Poultry means domesticated birds kept and raised for eggs and/or meat. Proper enclosure of a dangerous dog means that 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 or their being able to put in any portion of their anatomy so as to expose it to risk of attack by the dog. It is also to be 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. Provocation includes but is not limited to taunting, teasing, willfully causing undue pain, and/or unlawful entry upon or into the property of the owner or keeper. Severe injury means any physical injury, including but not limited to broken bones, punctures, bites, and/or lacerations causing scarring, and/or requiring sutures or cosmetic surgery. 4 1/15/2015 WORKING/REFERENCE COPY 6. An Ordinance of the City Council of the City of Ocean Sho... Page 24 of 47

25 Wild means an animal that generally lives in its original natural state and is not normally domesticated. (Ord (part), 2013; Ord (part), 2009; Ord (part), 2006: Ord (part), 1992) Dangerous and/or potentially dangerous dogs Declaration, service, and administrative appeal process. A. When the animal control authority has determined that a dangerous or potentially dangerous dog exists, the animal control authority shall prepare a dangerous dog declaration or a potentially dangerous dog declaration. The declaration shall be in writing, and shall be served on the owner by means of personal service, or by regular mail and certified mail, return receipt requested, to the owner s last known address. B. If the owner of the animal wishes to contest the dangerous or potentially dangerous dog declaration, the following procedures shall apply: 1. Within ten days of receipt of the declaration, the owner or harborer shall request a hearing before the chief of police or his/her designee. The owner s failure to exhaust this administrative appeal process shall bar any further action by the owner. a. If it is found, by a preponderance of the evidence, that the declaration has been proven, then the declaration shall be affirmed. b. If it is found, by a preponderance of the evidence, that the declaration has not been proven, the declaration shall be dismissed. In the event of a dismissal, no costs shall be assessed against the city, animal control authority or officer. (Ord (part), 2006: Ord (part), Formerly ) Licensing. A. All adult cats and dogs harbored or maintained within the city shall be licensed and registered annually, or within thirty days of acquisition by the owner, or within thirty days of being moved into the city, whichever occurs later. Licenses will be issued through the Ocean Shores finance department or designee. There is established a rebuttable presumption that the purchaser of such license is the owner of the animal identified in the license application. Proof of current rabies vaccination must be shown before a license will be issued to the owner. B. The following dogs and cats are excluded from the licensing requirement: 1. Those owned by nonresidents who are temporarily within the city; 2. Dogs and cats brought into the city for the express purpose of participating in a show; 3. Owners or users of seeing eye, guide, or service dogs; 4. Licensed pet stores harboring dogs and cats for the purpose of sale. 5 1/15/2015 WORKING/REFERENCE COPY 6. An Ordinance of the City Council of the City of Ocean Sho... Page 25 of 47

26 C. License Tags Issued Fees. Upon payment of the appropriate license fee and proof of vaccination as set forth herein, the animal control authority shall record the license tag number. The owner shall cause the license tag to be worn by the animal. Tags are not transferable from one animal to another. At the time of application, the owner must present a licensed veterinarian s certificate confirming that the animal has been vaccinated against rabies for that period. The following fees shall be paid for licenses required by this chapter purchased directly from the city. An additional handling fee may be charged by city designees authorized to issue such licenses. 1. Neutered (altered) male and spayed (altered) female dogs: ten dollars for an annual license or twenty-five dollars for a three-year license; 2. Unaltered male or female dogs: forty dollars for an annual license or one hundred dollars for a three-year license; 3. Altered male or female cats: five dollars for an annual license or twelve dollars and fifty cents for a three-year license; 4. Unaltered male or female cats: twenty-five dollars for an annual license or sixty-two dollars and fifty cents for a three-year license; 5. Unaltered dangerous dog: one hundred dollars for an annual license or two hundred fifty dollars for a three-year license; 6. Altered dangerous dog: twenty-five dollars for an annual license or sixty-two dollars and fifty cents for a three-year license. D. Replacement Tags. The owner of a licensed dog or cat whose current license tag has been lost may obtain a replacement from an authorized provider and record the new license tag number for a fee of three dollars. E. Animals that have lifetime licenses issued prior to the effective date of the ordinance codified in this section shall require no further payment but must still report any subsequent license tag numbers to the Ocean Shores finance department or designee. (Ord (part), 2013; Ord (part), 2009; Ord (part), 2006: Ord (part), 1992) Dangerous dogs Licensing Registration. A. It is unlawful for an owner to have a dangerous dog in the City of Ocean Shores without a certificate of registration issued under this section. B. The Animal Control Authority shall issue a certificate of registration to the owner of such animal if the owner presents to the animal control officer sufficient evidence that: (1) The dog is property confined as provided in definitions; 6 1/15/2015 WORKING/REFERENCE COPY 6. An Ordinance of the City Council of the City of Ocean Sho... Page 26 of 47

27 (2) A surety bond issued by a surety insurer qualified under chapter RCW in a form acceptable to the animal control authority in the sum of at least two hundred 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 Title 48 RCW in the amount of at least two hundred fifty thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous dog. C. There shall be a fee of $ for the issuance of a Certificate of Registration for a dangerous dog. D. A Certificate of Registration for a dangerous dog shall be valid for one (1) year and must be renewed upon expiration. Renewal will require meeting the requirements set forth above at B. E. Failure to register a dangerous dog as set forth in this section shall be a Class A offense. F. Failure to maintain valid insurance or surety bond during the period of a Dangerous Dog Registration shall be a Class A offense. Before a license is issued for a dangerous dog, the owner shall present evidence of the following items to the animal control authority and/or the Ocean Shores police department, which shall be verified by the city s animal control officer: A. A proper enclosure to confine a dangerous dog and the posting of the owner s 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; and B. A surety bond issued by a surety insurer qualified under Chapter 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 dangerous dog; or C. 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 against any personal injuries inflicted upon another person by the dangerous dog. (Ord (part), 2006) Running at large prohibited. With the exception of domestic cats, no animal of any kind shall be permitted to run at large during any hours of the day or night, except in those areas designated by the animal control authority as dog training areas, and so long as dogs in such training areas are under the custody and control of their owners. Certified police department dogs (K-9s) shall be exempted from this provision when under the control and supervision of their handlers. (Ord (part), 2006: Ord , 2004; Ord (part), 1992) 7 1/15/2015 WORKING/REFERENCE COPY 6. An Ordinance of the City Council of the City of Ocean Sho... Page 27 of 47

28 Nuisance animals. No owner or person having the care, custody or control of an animal shall fail to exercise proper care and control of his/her animal to prevent it from becoming a nuisance as defined in Section (Ord (part), 2006: Ord (part), 1992) Wild or exotic animals. No person shall have, keep, or maintain in any area of the city a live monkey (nonhuman primate), lion, tiger, bear, mountain lion (a.k.a. cougar), fox, lynx, poisonous reptile or serpent, or any other dangerous, carnivorous, wild, exotic animal, fish, reptile or any hybrid thereof. Any such animal, fish, reptile, or any hybrid thereof may be immediately and permanently impounded. (Ord (part), 2006: Ord (part), 1992) Rabies Quarantine. A. In addition to and notwithstanding any other provisions of this chapter, whenever any person has been bitten by any owned or harbored animal and there is no reason to suspect that the animal is rabid, at the discretion of the local health officer or animal control officer, the animal involved may be restricted for ten days of observation in such manner as to prevent contact with other animals or persons except for the caretaker. B. The department of health or animal control authority may, if there is reason to believe the animal may be rabid, order the animal surrendered to an animal shelter or veterinary hospital. The cost of any such confinement shall be paid by the owner or person having custody of that animal. C. No person shall knowingly allow an animal confined under the provisions of this chapter to escape, to be sold, to be given away, or otherwise to allow disposal of such animal before the expiration of the quarantine period. (Ord (part), 2006: Ord (part), 1992) Impounded animals. An animal impounded pursuant to Sections and of this chapter shall be held for the owner for at least seventy-two hours, excluding Saturdays, Sundays, and holidays. Any animal suffering from serious injury or disease or an animal which displays feral behavior may be humanely destroyed by euthanasia prior to the expiration of said seventy-two-hour period. (Ord (part), 2006: Ord (part), 1992) Impoundment procedures. A. Notice of Impoundment. When any animal is impounded which possesses a license tag or other identification giving the name, address, and telephone number of its owner, the animal control authority shall attempt to give notice to the owner at the address contained in the license 8 1/15/2015 WORKING/REFERENCE COPY 6. An Ordinance of the City Council of the City of Ocean Sho... Page 28 of 47

29 application or by telephone, and inform him/her of the impoundment of said animal and the reason there for. It shall be the entire responsibility of the owner to ascertain that the animal has been impounded, and to take measures as needed to redeem said animal. Neither the city nor the officer or agent of the city shall be responsible for failing to notify an owner under this chapter. B. Redemption of Animals. If at any time before adoption or disposal by the city, the owner of the animal so impounded shall claim the same; he shall be entitled to possession thereof upon compliance with the following conditions: 1. Payment of an impound fee of twenty-five dollars and board at the rate of five dollars per day; 2. Application for issuance of a valid license; 3. Acceptance of any citation issued for violation of the provisions of this chapter; provided, that acceptance of the citation shall not be deemed an admission of guilt by the cited party. C. Any unaltered male or female animal impounded three or more times in any twelve-month period may be permanently impounded, or, at the sole discretion of the animal control authority, may be required to be altered at the owner s expense within thirty days of the date of the animal s release from impoundment. The owner of the animal will present written proof of same to the animal control authority. (Ord (part), 2006: Ord (part), 1992) Dangerous dogs Confiscation Conditions Duties of animal control authority Penalties and affirmative defenses for owners of dogs that attack Dog fights, penalty. A. Any dangerous dog shall be immediately confiscated by the animal control authority if the: (1) Dog is not validly registered under OSMC ; or (2) Owner does not secure or maintain the liability insurance coverage required under OSMC ; or (3) Dog is not maintained in the proper enclosure as defined in ; or (4) Dog is outside of the dwelling of the owner, and not under control or confinement as defined in The owner must pay the costs incurred by the city for confinement and control. The Animal Control Authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog 9 1/15/2015 WORKING/REFERENCE COPY 6. An Ordinance of the City Council of the City of Ocean Sho... Page 29 of 47

30 was confiscated are not corrected within twenty days. In addition, the owner shall be guilty of a Class A offense. B. If a dangerous dog of an owner with a prior conviction 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 It is an affirmative defense that the defendant must prove by a preponderance of the evidence that he or she was in compliance with the requirements for ownership of a dangerous dog pursuant to this chapter and the person or domestic animal attacked or bitten by the defendant's dog trespassed on the defendant's real or personal property or provoked the defendant's dog without justification or excuse. In addition, if the affirmative defense is found insufficient, 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. C. The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether or not the dog has previously been declared potentially dangerous or dangerous, shall, upon conviction, be guilty of a class C felony punishable in accordance with RCW 9A It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the human severely injured or killed by the defendant's dog: (a) Trespassed on the defendant's real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of dog; or (b) provoked the defendant's dog without justification or excuse on the defendant's real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of dog. In such a prosecution, the state has the burden of showing that the owner of the dog either knew or should have known that the dog was potentially dangerous as defined in this chapter. The state may not meet its burden of proof that the owner should have known the dog was potentially dangerous solely by showing the dog to be a particular breed or breeds. In addition, the dog shall be immediately confiscated by an animal control authority, quarantined, and upon conviction of the owner destroyed in an expeditious and humane manner. D. Any person entering a dog in a dog fight is guilty of a class C felony punishable in accordance with RCW 9A Adoption procedures Fees. A. Animals held for the period prescribed in this section and not redeemed by the owner will become the property of the city. If, in the discretion of the impounding authority, the animal is adoptable, the following adoption fees shall apply: 1. Unaltered dog: eighty dollars; 2. Altered dog: forty dollars; 10 1/15/2015 WORKING/REFERENCE COPY 6. An Ordinance of the City Council of the City of Ocean Sho... Page 30 of 47

31 3. Unaltered cat: fifty dollars; 4. Altered cat: twenty-five dollars. B. The adopting party of an unaltered animal may have one-half of the adoption fee returned, once written proof of the animal s alteration is provided to the impounding authority. The adoption fee will be waived for animals which are transported to or adopted by other agencies. It will be the responsibility of that agency to spay or neuter those animals. (Ord (part), 2006) Confining dogs or cats in season. The owner or person having charge or control of any unaltered female dog or cat shall keep the animal confined in a building or secure enclosure in such a manner that said female dog or cat cannot come into contact with another animal except for planned breeding. (Ord (part), 2006: Ord (part), 1992) Maximum number of dogs and/or cats permitted. No more than three cats or three dogs, nor any combination of cats or dogs exceeding three in number which are over six months of age shall be kept on any premises in the city. This provision shall not apply to: A. Licensed kennels; B. Licensed veterinary clinics; C. Licensed pet stores; or D. Animal foster care providers. Authorized animal foster care providers may house one additional temporary foster dog or cat. (Ord (part), 2006: Ord (part), 1992) Wild animals and/or birds. A. No person, in any area in the city, shall keep or maintain or have in his or her possession or under his or her control any wild animal and/or bird that exists in a wild state in the state of Washington, and any such animal or bird shall be immediately and permanently impounded. B. Subsection (A) of this section shall not apply to any person keeping, maintaining, or having in his or her possession or under his or her control any wild animal and/or bird in connection with an educational program, zoo, circus, or licensed/certified rehabilitator, provided such person has taken adequate measures to safeguard persons and property. (Ord (part), 2006: Ord (part), 1992) 11 1/15/2015 WORKING/REFERENCE COPY 6. An Ordinance of the City Council of the City of Ocean Sho... Page 31 of 47

32 Livestock and/or poultry prohibited. No livestock or poultry of any kind shall be raised, bred or kept within the corporate limits of the city, and any such animal shall be immediately and permanently impounded. (Ord (part), 2006: Ord (part), 1992) Animal care. A. Dogs or cats kept outdoors for more than three hours at one time must be provided with a moisture-proof, wind-proof shelter, the size of which allows the animal to turn around freely, and to easily sit, stand and lie down in a normal position and which keeps the animal clean, dry and comfortable. B. Every owner shall provide his or her animal with sufficient good and wholesome food, water, and veterinary care when needed to prevent suffering, and with humane care and treatment. C. Any person who, while operating a motor vehicle, strikes a domestic animal shall immediately report such injury or death to the animal s owner, if known, and contact the animal control officer or police department. D. No person shall allow any animal to ride in the back of any moving open-bed vehicle unless that animal is properly secured in a crate or tied in a manner so that it cannot jump or fall out of the vehicle. E. No person shall abandon any domestic animal by dropping off or leaving the animal in the street, road, or highway, or on any other public or private property. Puppies or kittens brought in as abandoned shall immediately become property of the city and, at the discretion of the animal control authority, may be made available for adoption. F. No person shall willfully provoke, tease, molest, mistreat, or injure any animal. G. No animal shall be confined in or on a motor vehicle at any location under such conditions as may endanger the health or well-being of the animal, including but not limited to extreme temperatures, lack of food, water, and adequate ventilation. Any animal control officer or peace officer is authorized to remove any animal from a motor vehicle at any location, when he/she reasonably believes it is confined in the conditions described above. Any such animal shall be impounded and delivered to the animal shelter after the officer leaves written notice of such removal and delivery, including the officer s name, in a conspicuous, secure location on or within the vehicle. H. No owner of any animal shall keep the same on any undeveloped lot within the corporate limits of the city, even if the lot belongs to the owner of that animal, provided the animal is not on that lot temporarily with an owner/camper. I. Any unwanted dog or cat may be taken to animal control by the owner. The owner shall sign a custody release form giving the city full custody of the animal. Animal control will then place 12 1/15/2015 WORKING/REFERENCE COPY 6. An Ordinance of the City Council of the City of Ocean Sho... Page 32 of 47

33 the animal for adoption or may transfer it to PAWS for adoption. If the animal cannot be adopted due to age, health, or temperament, it may be humanely euthanized. If the owner of the animal is a resident of the city, the owner shall pay a twenty-five dollar fee to defray the cost of feeding and care. If the owner of the animal is a nonresident of the city, the owner shall pay a fee of fifty dollars. If financial hardship is the cause for relinquishment, and said financial hardship is documented to the satisfaction of the animal control authority, said fee will be waived. J. Violations of subsection (A), (B), (D), (E), (F), or (G) of this section shall be Class A offenses pursuant to Section (Ord (part), 2006: Ord , 2003; Ord (part), 1992) Allowing vicious animal a potentially dangerous dog at large. A. Every person having the care or custody of any animal which he knows or should know possesses any vicious or dangerous tendencies a declared potentially dangerous dog, who shall allow the same to escape or run at large in any place or manner liable to endanger the safety of any person, shall be guilty of an offense under subsection (B) of this section. B. Allowing a vicious animal potentially dangerous dog to run at large is a Class B offense. C. Any person may lawfully kill or destroy any vicious animal when reasonably necessary to protect the person s family, home, animals, property, any other person, or the public safety Failure to maintain control or confinement of a Dangerous Dog. A. Every person having the care or custody of a Dangerous Dog shall maintain Control and Confinement of a Dangerous Dog as defined in B. Failure to maintain Control and Confinement of a Dangerous Dog is a Class A offense Violation Penalty. A. Except where specifically designated elsewhere, any person violating Section , , , , , or of this chapter shall be guilty of a Class 1 civil infraction and fined as follows: 1. First offense: fifty dollars plus statutory assessments; 2. Second offense: one hundred twenty-five dollars plus statutory assessments; 3. Third offense: two hundred fifty dollars plus statutory assessments and permanent impoundment of the animal. B. All other violations of this chapter not specifically designated herein as Class A offenses, Class C offenses, or infractions shall be punishable Class B offenses as defined in Section /15/2015 WORKING/REFERENCE COPY 6. An Ordinance of the City Council of the City of Ocean Sho... Page 33 of 47

34 (Ord (part), 2006: Ord , 2003; Ord , 1993; Ord (part), 1992) State provisions adopted by reference. Chapter RCW, Prevention of Cruelty to Animals, is hereby adopted by reference to augment this chapter, with the exception of RCW , Animal cruelty in the second degree. In the event there is any conflict between Chapter RCW and the Ocean Shores Municipal Code, the Ocean Shores Municipal Code shall control. (Ord (part), 2006: Ord , Formerly ) Animal cruelty in the second degree Elements. A. A person is guilty of animal cruelty in the second degree if, under circumstances not amounting to animal cruelty in the first degree, that person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon an animal. B. An owner of an animal is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty, the owner knowingly, recklessly, or with criminal negligence: 1. Fails to provide the animal with the necessary shelter, rest, sanitation, space or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure; or 2. Abandons the animal. C. Animal cruelty in the second degree is a Class B offense. (Ord (part), 2006) Nonliability. Nothing in this chapter is intended to be, nor shall be, construed to create or form the basis for any liability on the part of the city, its officers, employees or agents, for any injury or damage resulting from the failure of any person to comply with the terms of this chapter, or by reason or in consequence of any omission in connection with the implementation or enforcement of this chapter on the part of the city by its officers, employees or agents. The provisions of this chapter are intended for the benefit of the public in general and not for any particular individual or individuals. (Ord (part), 2006: Ord (part), Formerly ) Severability. If any provision of this chapter or its application to any person or legal entity or circumstances is held invalid by a court of competent jurisdiction, the remainder of this chapter, or the application of the provisions to other persons or legal entities or circumstances, shall not be affected. (Ord (part), 2006: Ord (part), Formerly ) 14 1/15/2015 WORKING/REFERENCE COPY 6. An Ordinance of the City Council of the City of Ocean Sho... Page 34 of 47

35 RCW : Dangerous dogs and related definitions. wa.gov/rcw/default.aspx?cite= l c RCW Dangerous dogs and related definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 1 through 1 'l (1) "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 (a) inflicts severe injury on a human being without provocation on public or private property, (b) kills a domestic animal without provocation while the dog is off the owner's property, or (c) has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans. (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 animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to tbe licensure of animals, control 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. [2002 c 244 1; 1987 c 94 1.] Notes: Severability c 94: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 94 6.] i I of / :53 A 6. An Ordinance of the City Council of the City of Ocean Sho... Page 35 of 47

36 RCW : Dangerous dogs-- Notice to owners - Right of app... /apps.leg. wa.gov /rcw /de 11m Jt.aspx?cite= RCW Dangerous dogs- Notice to owners- Right of appeal- Certificate of registration required- Surety bond- Liability insurance- Restrictions. (1) Any city or county that has a notification and appeal procedure with regard to determining a dog within its jurisdiction to be dangerous may continue to utilize or amend its procedure. A city or county animal control authority that does not have a notification and appeal procedure in place as of June 13, 2002, and seeks to declare a dog within its jurisdiction, as defined in subsection (7) of this section, to be dangerous must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested. (2) The notice must state: The statutory basis for the proposed action; the reasons the authority considers the animal dangerous; a statement that the dog is subject to registration and controls required by this chapter, including a recitation of the controls in subsection (6) of this section; and an explanation of the owner's rights and of the proper procedure for appealing a decision finding the dog dangerous. (3) Prior to the authority issuing its final determination, the authority shall notify the owner in writing that he or she is entitled to an opportunity to meet with the authority, at which meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous. The notice shall state the date, time, and location of the meeting, which must occur prior to expiration of fifteen calendar days following delivery of the notice. The owner may propose an alternative meeting date and time, but such meeting must occur within the fifteen-day time period set forth in this section. After such meeting, the authority must issue its final determination, in the form of a written order, within fifteen calendar days. In the event the authority declares a dog to be dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the person who made the determination. The order shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the owner's last address known to the authority. (4) If the local jurisdiction has provided for an administrative appeal of the final determination, the owner must follow the appeal procedure set forth by that jurisdiction. If the local jurisdiction has not provided for an administrative appeal, the owner may appeal a municipal authority's final determination that the dog is dangerous to 'the municipal court, and may appeal a county animal control authority's or county sheriff's final determination that the dog is dangerous to the district court. The owner must make such appeal within twenty days of receiving the final determination. While the appeal is pending, the authority may order that the dog be confined or controlled in compliance with RCW 1 If the dog is determined to be dangerous, the owner must pay all costs of confinement and control. (5) It is unlawful for an owner to have a dangerous dog in the state without a certificate of registration issued under this section. This section and RCW 1 and shall not apply to police dogs as defined in RCW 0. (6) Unless a city or county has a more restrictive code requirement, the animal control authority of the city or county in which an owner has a dangerous dog shall issue a certificate of registration to the owner of such animal if the owner presents to the animal control unit sufficient evidence of: (a) 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; (b) A surety bond issued by a surety insurer qualified under chapter RCW in a form acceptable to the animal control authority in the sum of at least two hundred fifty thousand dollars, payable to any person injured by the dangerous dog; or 1 of2 1/7/ :43 p 6. An Ordinance of the City Council of the City of Ocean Sho... Page 36 of 47

37 RCW l : Dangerous dogs Notice to owners- Right of app... leg. wa.gov!t cw/de fault.aspx?cite= l (c) A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under Title RCW in the amount of at least two hundred fifty thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous dog. (7)(a)(i) If an owner has the dangerous dog in an incorporated area that is serviced by both a city and a county animal control authority, the owner shall obtain a certificate of registration from the city authority; (ii) If an owner has the dangerous dog in an incorporated or unincorporated area served only by a county animal control authority, the owner shall obtain a certificate of registration from the county authority; (iii) If an owner has the dangerous dog in an incorporated or unincorporated area that is not served by an animal control authority, the owner shall obtain a certificate of registration from the office of the local sheriff. (b) This subsection does not apply if a city or county does not allow dangerous dogs within its jurisdiction. (8) Cities and counties may charge an annual fee, in addition to regular dog licensing fees, to register dangerous dogs. (9) Nothing in this section limits a local authority in placing additional restrictions upon owners of dangerous dogs. This section does not require a local authority to allow a dangerous dog within its jurisdiction. [2002 c 244 2; 1989 c 26 3; 1987 c 94 2.] Notes: Severability c 94: See note following RCW 'i?. of? 117/ :43 p 6. An Ordinance of the City Council of the City of Ocean Sho... Page 37 of 47

38 RCW : Dangerous dogs Requirements for restraint-- Pot... /apps.leg.wa.gov/rcw/clefault.aspx?cite'= RCW Dangerous dogs- Requirements for restraint- Potentially dangerous dogs- Dogs not declared dangerous. ( 1) It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under 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. (2) Potentially dangerous dogs shall be regulated only by local, municipal, and county ordinances. Nothing in this section limits restrictions local jurisdictions may place on owners of potentially dangerous dogs. (3) Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a wilful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime. [1987 c 94 3.] Notes: Severability c 94: See note following RCW 1 1 n.f'1 1/7/ : An Ordinance of the City Council of the City of Ocean Sho... Page 38 of 47

39 RCW : Dangerous dogs-- Confiscation- Conditions D... /apps.leg.wa.gov/rcw/default.aspx?cite= RCW Dangerous dogs- Confiscation- Conditions- Duties of animal control authority Penalties and affirmative defenses for owners of dogs that attack - Dog fights, penalty. (1) Any dangerous dog shall be immediately confiscated by an animal control authority if the: (a) Dog is not validly registered under RCW 1 (b) owner does not secure the liability insurance coverage required under RCW 1 (c) dog is not maintained in the proper enclosure; or (d) dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of the responsible person. The owner must pay the costs of confinement and control. The animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within twenty days. The animal control authority shall destroy the confiscated dangerous dog in an expeditious and humane manner if any deficiencies required by this subsection are not corrected within twenty days of notification. In addition, the owner shall be guilty of a gross misdemeanor punishable in accordance with RCW (2) If a dangerous dog of an owner with a prior conviction 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 'l. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that he or she was in compliance with the requirements for ownership of a dangerous dog pursuant to this chapter and the person or domestic animal attacked or bitten by the defendant's dog trespassed on the defendant's real or personal property or provoked the defendant's dog without justification or excuse. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner. (3) The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether or not the dog has previously been declared potentially dangerous or dangerous, shall, upon conviction, be guilty of a class C felony punishable in accordance with RCW. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the human severely injured or killed by the defendant's dog: (a) Trespassed on the defendant's real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of dog; or (b) provoked the defendant's dog without justification or excuse on the defendant's real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of dog. In such a prosecution, the state has the burden of showing that the owner of the dog either knew or should have known that the dog was potentially dangerous as defined in this chapter. The state may not meet its burden of proof that the owner should have known the dog was potentially dangerous solely by showing the dog to be a particular breed or breeds. In addition, the dog shall be immediately confiscated by an animal control authority, quarantined, and upon conviction of the owner destroyed in an expeditious and humane manner. (4) Any person entering a dog in a dog fight is guilty of a class C felony punishable in accordance with RCW 9A [2002 c 244 3; 1987 c 94 4.] Notes: Severability c 94: See note following RCW 1 1 ~+' /?() 1 ') 1 17 l= 6. An Ordinance of the City Council of the City of Ocean Sho... Page 39 of 47