ORD 87-06 DANGEROUS ANIMALROC:sr
4/23/87
ORDINANCE NO. 8Y-06
AN ORDINANCE OF THE CITY OF WINSLOW,
WASHINGTON, AMENDING CHAPTER 6.04 OF
THE WINSLOW MUNICIPAL CODE ENTITLED
"ANIMAL CONTROL" BY ADDING A DEFINI-
TION OF "DANGEROUS ANIMAL"; AMENDING
THE SANITATION REQUIREMENTS; DECLAR-
ING CERTAIN PRACTICES TO BE PUBLIC
NUISANCES; AUTHORIZING THE IMPOUND-
MENT AND DISPOSAL OF CERTAIN ANIMALS
AND SPECIFYING AN APPEAL PROCESS FOR
SUCH ACTIONS; DECLARING THAT VIOLA-
TIONS FOR CHAPTER 6.04 CONSTITUTE
MISDEMEANOR OFFENSES; AND INCREASING
THE PENALTIES FOR VIOLATING CHAPTER
6.04.
WHEREAS, the City Council has determined that the
present regulations governing animal control should be amended,
and
WHEREAS, the City Council finds that this ordinance
is in the interests of the public health, safety and welfare,
now, therefore,
THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON
DOES ORDAIN Changes to the Winslow Municipal Code as follows:
Section 1. Section 6.04.010 is amended to reletter
subsections D through H to subsections E through I and add a
new subsection D to read:
"Dangerous Animal" means any animal
with a known tendency, to cause in-
jury to, or to otherwise endanger
the safety of humans or other domes-
ticated animals; or any animal which
bites, mauls or attacks a human
being or other domestic animal.
"Dangerous Animal" shall also include
any dog commonly known as a pit bull,
pit bull terrier, staffordshire
terrier, or combination thereof.
"Animal" shall include any dog.
Section 2. Section 6.04.050 is amended to read:
6.04.050 Dangerous Animals
No dangerous animal shall be unconfined
on the premises where it resides. Such
animal shall be confined in a manner
that prevents it from menacing any other
animal or human.
No dangerous animal shall be allowed
to go beyond the boundaries of the
premises where it resides unless it
is securely leashed and muzzled or
otherwise properly restrained and
muzzled.
Any dangerous animal which is uncon-
fined on the premises where it resides
or is beyond the boundaries of the
premises Where it resides without
complying with the provisions of
Section 6.04.050(B) is hereby declared
to be a nuisance and may be seized and
impounded as provided for in this
chapter.
Section 4. Section 6.04.075 is amended to read:
Sanitation. It shall be unlawful for any owner
of an animal to:
Fail to remove the fecal matter deposited
by such animal on property before the owner
leaves the immediate area where the fecal
matter was deposited;
Fail to have in his or her possession the
equipment necessary to remove such animal's
fecal matter when accompanied by such
animal on public property.
Section 5. There is added a new section 6.04.125
to read:
6.04.125.
Any dog or animal which bites, attacks, or
attempts to bite one or more persons is
declared to be a nuisance and shall be
impounded after written notice from the
animal control authority, or police chief,
if the owner or keeper of the dog or other
animal can be determined. An animal found
in violation of this section shall be
impounded, and the owner or keeper of such
animal has no right to redeem such dog or
animal; provided, that the owner or keeper
shall have the right to file an appeal as
provided in Section 6.04o125(C) and the
animal shall not be disposed of pending
the appeal being heard and determined as
provided in this chapter. No such appeal
shall be permitted until all license fees
required shall be first paid.
Any dog or animal which shall maul or kill
any person or other animal in an unprovoked
attack and which, in the opinion of the
animal control authority or police chief
constitutes a continuing threat to the
public health, safety and welfare shall be
impounded and disposed of as an unredeemed
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animal, and the owner or person having
charge thereof shall have no right to
redeem such dog or animal; provided,
that the owner or keeper shall have the
right to file an appeal as provided in
Section 6.04.125(C), and the animal
shall not be disposed of pending the
appeal being heard and determined as
provided in this chapter. All due
license fees shall be first paid before
such appeal is heard.
1. Any owner or keeper of a dog or
animal impounded under this chapter
may appeal from the action of the animal
control authority or police chief by
filing a written appeal at the office
of the Winslow Chief of Police within
forty eight (48) hours of the date of
the impoundment notice. Such animal
shall remain quarantined until a deter-
mination on appeal is made.
2. The City Hearing Examiner shall hear
appeals under this section. Written
notice of the date, time and place of such
hearing shall be given to the appellant
and witnesses.
Section 5. Section 6.04.140 is amended to read:
6.04.140 Violation - Penalty.
Any person violating any provisions of this
chapter, or who maintains any nuisance as
defined in this chapter, shall be guilty of
a misdemeanor and upon conviction thereof,
be punished by a fine not exceeding one
thousand dollars ($1,000.00) or by imprison-
ment in jail for a period not exceeding one
(1) year, or by both. For each act prohibited
in this chapter of a continuing nature, each
day may be considered a separate offense;
provided, however, that a violation of the
provisions of Sections 6.04.060, 6.04.070,
6.04.080 and 6.04.090 shall not be established
except Upon the testimony of not less than two
witnesses in the immediate vicinity as to the
facts constituting the nuisance.
Section 6. If any part of this ordinance shall be
held to be invalid by a court of competent jurisdiction, such
shall not affect the validity of any other part of this
ordinance.
Section 7. This ordinance or a summary thereof con-
sisting of the title and the penalty provision contained in
Sectibn 5 shall be published in the official newspaper of the
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