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ORD 87-22 ANIMAL CONTROL9/24/87 Revised Ockober 5, 1987 ORDINANCE NO. 87-22 AN OI{I)INANCI'] O1..' TIll',' CITY OF WI.N[;IoOW, WASII [NGTON, AMI.:NI~ING CIIAI'TEI{ 6.04 O1..' '1'111.: WINSI,OW MUNICiPAl, COl)E I!;NTI'I'I,EI) "ANIMAl, CON'I'ROI," BY AblI':NDINC; 'FIII'] SECTIONS I{EI,A'I'fNG 'FO I)ANGI~ROUS ANfMALS ::;O AS TO PI{OV.II)I~ 1,,'OR MOR['] l~l::.~'l'l{.] CT.I. ON.q ON CONI,':I NI,:MEN'I? f;'I'AND- ARI)S AND TIll!: DI,:I,'.I N I '1'1 UN TIII,:REOI.,'. WHERIgAS, the City Council has determined that tile present city regulations governing animal control should be amended, and WIII::I{Ii:AS, the City Counci.l_ finds that this ordinance is in tile interests of tile public health, safety and welfare, now, therefore, TIll!] MAYOR AND CITY COUNCIL OF TIlE CiTY OF WINSLOW, WASIIINGTON DO ORDAIN Changes to tile Wins].ow Municipal Code as follows: Soot i.on ].. Section 6 . l} 4 . 0 I 0 I) is nmonded so that when amended sulksection D shall uoad in its cnt. ircty (new portions underlined here only for clarity purposes): "Dangerous Animal" means any animal with a kuown tendency unprovoked, to cause injuliy to or to otherwise endanger the safety of humans or other domesticated animals; or any animal. which bi. tes, mauls, or attacks a human I)Cj, llg or other domestic an.i, mal witl~out [,rovocat i on. "l)angerous an i real" sha 1 I. a I so ,i nc] udo any do9 commonly known as or acknuw ] edged by the owner as a ]~i_t bul.[, l~[l', bull toilviol-, sta[lFordshire I:,errjer, or combi. natj. on thel-eof, w]n3ther [Hy~XpI!~i o[_]~91,; ?!h_~ggg[~U.?ss..o[ whether ,%[ _ .~ U:~_bj2S}l ....{s ~Lc.b _ ~! 99 s__~] ~91J:, !~e p r c s u me d t.t~ I/ave kllowll kclldcllcics to be dangerous. Section 2. Sect.i. on is amended to read in its entirety (new portions underIined here only [for c].arity pu~f[~oses): 6.04.050 Dangerous Animals A. N0 dangerous animal shall remaj. n unconfined ou the premises where it resides. Such animal shall be confined in a manner that l)lfovCllllS it from menacing any other animal or human. Confined 0n the premises means at minimum: [. isolated from any contact wj. th neighbors, _passersby, v] s.i tots, guests, ]nvitees, .[dcensecs, or trespassers who are minors; 2. kept inside the interior of a dwelling, building, vessel, vehicle or container which has windows, egress and doors securely fastened so that escape or danger to others is reasonably prevented; and if not so kept inside 3. kept inside a wire enclosure or fence of sufficient height and thickness so that escape or danger Lo oLhers is reasonably prevented; or 4. at all times chained and muzzled, using at least quarter- inch-proof coil chain and a muzzle that by design and construction reasonably prevents danger to others and precludes being able to bite anyone; 5. Posting the premises in conspicuous places with signs stating "Dangerous Animal." B. No dangerous animal shall be allowed to go beyond the legal boundaries of the premises where it resides unless it is securely leashed and muzzled or otherwise properly restrained and muzzled. Securely leashed and muzzled or properly restrained means at minimum: 1. isolated from any contact with neighbors, passersby, visitors, guests, invitees, licensees, or other humans or animals; 2. kept inside tile interior of a vehicle, vessel or container which has windows, egress a~d doors securely fastened so that escape or dan~er to oLhers is reasonablSi_prevented; or 3. _kept inside a wire enclosure or fence of sufficient height and thickness'so that escape or danger to others is reasonably prevented; or 4. at all times leashed and muzzled, using at least quarter- inch-proof coil chain and a ]nuzzle that by design and construction reasonably prevents danger to others and precludes being able to bite a~yone; a~ld under the direct control of a res~onsible adult- C. Any dangerous animal which is found or observed unconfined at anytime on the premises where it resides or beyond the legal boundaries of hhe premises where it resides wi[hout complying with the provisions of Section 6.04.050 (B), is hereby declared to be a nuisance and may be seized and impounded inm~ediately and summarily without prior notice, and as otherwise provided -2- for in this chapter. Furthermore, the use of deadly force by appropriate authorities shall be permitted if reasonably necessary if such dangerous animal is not confined, restrained or leashed while on any public street, sidewalk, park or facility, or at any public event. D. No dangerous animal shall be permitted on any public street, sidewalk, park or facility, or at any public event unless: 1. confined/restrained in the manner provided for herein; 2. under the direct control of a responsible adult physically capable of restraining same; and 3. it has had no previous incidents of biting, mauling, or attacking other animals or humans. Section 3. 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 or by imprisonment in jail for a period not exceeding one 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 4. 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 5. This ordinance or summary thereof consisting of the title and the penalty provision contained in Section 2, shall be published in the official newspaper of the City, and shall take effect and be infull force five (5) days after publication. APPi{OVED: MAYOR ALICE B. TAWRESI'~Y ATTEST/AUTHENTICATED: CITY CLE~,~DONNA d .EAN BUX~i'ON APPROVED AS TO FORM: FILED WITH THE CITY CLERK: 9-24-87, revised 10-5-87 PASSED BY TIlE CITY COUNCIL: 10-1-87 PUBI.ISI|ED: 10-14-87 EFFECTIVE DATE: 10-6-87 OI~D] NANCE NO. 87-22