ORD 91-41 ANIMAL CONTROLORDINANCE NO. 91-41
AN ORDINANCE of the City of Bainbridge Island,
Washington relating to animal control, licensing
of dogs and cats, and impoundment of animals;
repealing Chapters 6.04, 6.08 and 6.12 of the
Bainbridge Island Municipal Code; and adding new
chapters 6.04, 6.08 and 6.12 to the Bainbridge
Island Municipal Code.
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, TO ORDAIN AS FOLLOWS:
Section 1.
Repealer.
This ordinance
repeals
Chapters 6.04,
6.08, and 6.12
of the Bainbridge
Island
Municipal Code.
Section 2.
New Chapter.
There is added to Title
6 of the
Bainbridge Island
Municipal Code
a new chapter 6.04
entitled
"Animal Control"
as follows:
6.04.010 Definitions. For the purpose of this Title, the
following words shall have the following meanings unless the
context indicates otherwise:
1. "Abandonment" means the owner has left the animal for
a period of 24 hours without making effective
provisions for its proper care.
2. "Adequate shelter" means a moisture proof and wind
proof structure that allows the animal to turn around
freely, sit easily, stand and lie normally, and that
keeps the animal clean, dry and comfortable.
3. "Altered" means any spayed female or castrated male
dog or cat.
4. "Animal" means any living vertebrate creature,
including reptiles or birds, and excepting man, marine
mammals, and fish.
5. "Animal control authority" means the department or
officer of the City appointed by the Mayor, or the
person appointed by the City Council to carry out the
duties of an animal control authority or animal
control officer under this Title.
6. "Animal rescue league" means any association or
corporation which routinely obtains unwanted dogs or
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cats, the primary goal of which is to place the dogs
or cats into adoptive homes, as long as the dogs or
cats are neutered.
7. "Animal shelter" means a licensed facility used to
care for homeless or unwanted animals by a
governmental entity, animal welfare society or other
organization devoted to the welfare, protection and
humane treatment of animals.
8. "At large" means off the owner's premises and/or out
of visual contact of the owner unless under physical
and/or immediate effective voice or signal control of
a competent person.
9. "Boarding Kennel/Cattery" means a kennel or cattery
where dogs or cats are boarded or trained for
compensation, except a pet shop, animal shelter or
veterinary hospital where the boarding is incidental
to the primary purpose of the facility.
10. "Cat" means and includes female, spayed female, male
and castrated male cats.
11. "Commercial kennel" means a kennel or cattery where
adult dogs or cats are bred for compensation.
12. "Dangerous" means an animal that according to the
records of the animal control authority: (a) has
inflicted severe injury on a human without provocation
while on public or private property, (b) has killed a
domestic animal without provocation while off the
owner's property, or (c) has been previously found to
be potentially dangerous, the owner has received
notice of such potential and the animal subsequently
aggressively bites, attacks or endangers the safety of
humans or domestic animals. This definition shall not
include a police dog as defined in RCW 4.24.410.
13. "Dog" means and includes female, spayed female, male
and castrated male dogs.
14. "Foster home" means a temporary home with a permit
approved by the animal control authority to house
lost, abandoned or unwanted dogs and cats until an
adoptive home is located.
15. "Grooming parlor" means a facility with the primary
function to bath, clip or comb animals for
compensation for hygienic or aesthetic reasons.
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16. "Hobby kennel" means a non-commercial kennel at or
adjacent to a private residence where adult dogs or
cats are maintained for purposes other than breeding.
17. "Impound" or "impoundment" means an authorized
official taking control of any animal found to be in
violation of this Title pursuant to the terms of this
Title.
18. "Inhumane treatment" means every act, omission or
neglect whereby unnecessary or unjustified physical
pain or suffering is cause or permitted.
19. "Neglect" means the failure to provide proper food,
potable water, adequate shelter, opportunity for
exercise, or other care normal, usual, and proper for
an animals health and well being.
20. "Owner" means any person owning, keeping, having an
interest in, or having control, custody or possession
of, an animal.
21. "Person" means any person, partnership, corporation,
trust or association of persons.
22. "Pet shop" means a commercial establishment which
acquires animals by purchase for the purpose of
resale, except farms.
23. "Provocation" means teasing, taunting, striking or
other like action, or the unauthorized entry onto the
premises where an animal is kept.
24. "Potentially dangerous" means an animal that when
unprovoked: (a) chases or approaches a person upon
the streets, sidewalks, or any other public grounds in
a menacing fashion or apparent attitude of attack,
(b) causes injury to or otherwise threatens the safety
of a human or domestic animal, or (c) inflicts a bite
upon a human or domestic animal either on public or
private property.
25. "Secure enclosure" means a chain link enclosure
consisting of secure sides and a secure top, or if
without a top, having sides which are at least 8 feet
high, and with a floor permanently attached to the
sides, or having sides which are embedded at least
one foot into the ground, and which is constructed of
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such material and closed in such manner that the animal
cannot exit on its own.
26. The present tense shall include the past and future tense,
and the future tense shall include the present tense.
27. The singular number shall include the plural, and
the plural the singular.
6.04.020. Power of Deputies and Authorized Persons. Whenever a
power is granted to or a duty is imposed upon animal control authority
or other public officer, the power may be exercised or the duty may be
performed by a deputy of the officer or by a person authorized pursuant
to law by the officer, unless this chapter expressly provides
otherwise.
6.04.030. Running at Large on Public Property. It is unlawful
for the owner of an animal to permit the animal, whether licensed or
not, to run at large in any park, public beach, pond, fountain or
stream, or upon a public playground, school grounds, or in a public
building. An animal in violation of this section is declared to be a
nuisance and may be seized and impounded. This section shall not apply
to cats or owners of cats, and shall not prohibit a person from walking
or exercising an animal, when such animal is on a leash and proper
safeguards are taken to protect the public and property from injury or
damage by the animal.
6.04.040. Animal At Large While in Heat. It is unlawful for an
owner to allow or permit a femal animal, whether licensed or not, to
run at large while in heat. An animal at large while in heat is
declared to be a nuisance and may be seized and impounded. It is
further unlawful for an owner to fail to keep an animal in heat
confined within the owner's residence or within a building that other
animals cannot enter. If an animal in heat attracts male animals in a
manner which causes a nuisance or disturbance in the neighborhood, the
animal's owner may be required to place the animal in a veterinary
hospital or boarding kennel, or to otherwise remove the animal from the
neighborhood. It is unlawful for an owner of an animal in heat to fail
or refuse to comply with a requirement to remove the animal from the
neighborhood.
6.04.050. Declaring an Animal as Potentially Dangerous Levels of
Violation.
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A. Declaration of an Animal as Potentially Dangerous.
The animal control authority has the authority to declare an
animal potentially dangerous in any of the levels described as
follows:
(1) Level 1. An animal is Level 1 potentially
dangerous when without provocation it chases or
approaches a person upon the streets, sidewalks
or other public property in a menacing fashion or
apparent attitude of attack.
(2) Level 2. An animal is Level 2 potentially
dangerous when it causes injury to or otherwise
threatens the safety of a human or domestic
animal.
(3) Level 3. An animal is Level 3 potentially
dangerous when it bites a human or domestic
animal, either on public or private property.
An animal shall not be declared level 2 or level 3 potentially
dangerous if the threat, injury or bite is sustained by a
person who, at the time, was committing a willful trespass or
other tort upon the premises occupied by the owner of the
animal, or was tormenting, abusing, or assaulting the animal or
has, in the past, been observed or reported to have tormented,
abused or assaulted the animal or was committing or attempting
to commit a crime.
B. Restraint of Potentially Dangerous Animal.
Potentially dangerous animals shall be restrained in the
following manner:
(1) A Level 1 potentially dangerous animal, whenever
outside the owner's residence and not on a leash,
shall be restrained by a physical device or
structure that prevents the animal from reaching
a public sidewalk, easement, right-of-way, road
or adjoining property and must be located where
the animal does not interfere with legal access
to the owner's property.
(2) A Level 2 potentially dangerous animal must
comply with the restrictions on a Level 1
potentially dangerous animal, and in addition the
animal control authority may require the owner to
obtain and maintain proof of public liability
insurance. The owner may be required to complete
a responsible pet ownership program administered
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by the animal control authority. All costs
associated with the program shall be paid by the
owner.
(3) A Level 3 potentially dangerous animal shall be
confined within a secure enclosure whenever the
animal is not inside the owner's residence. The
secure enclosure must be located where it does
not interfere with the public's legal access to
the owner's property. In addition, the animal
control authority may require the owner to obtain
and maintain proof of public liability
insurance. The owner shall not permit the animal
to be outside the secure enclosure or off the
owner's property unless the animal is muzzled and
restrained by an adequate leash and under the
control of a capable person. In addition, the
owner must complete a responsible pet ownership
program administered by the animal control
authority. All costs associated with the program
shall be paid by the owner.
C. Notice. When the animal control authority determines
that an animal is potentially dangerous, the animal control
authority shall notify the owner in writing that the animal has
been declared potentially dangerous. The notice shall contain
a description of the animal, the name and address of the
animal's owner, if known, a brief summary of the facts upon
which the declaration is based, a statement of any restrictions
placed on the animal as a consequence of the declaration, a
statement of the penalties for further violations, and notice
of the right to appeal the declaration, including a statement
or the deadline for the appeal.
D. Service of Notice. The animal control authority shall
personally serve or mail the written declaration of a
potentially dangerous animal to the owner. If the owner is
unknown, the animal control authority shall make reasonable
efforts to located and notify the owner of the declaration.
E. _Appeal of Declaration to Animal Control Authority.
The owner of an animal declared potentially dangerous shall
have seven calendar days from receipt of the written
declaration to appeal the declaration to the animal control
authority. The owner's appeal must be in writing and must be
filed with the animal control authority.
F. Hearing Before Director of Animal Control or
Designee. Upon receiving the written notice of appeal, the
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director of animal control shall promptly schedule an appeal
hearing and provide written notice of the hearing to the
appellant. At the hearing, the animal control authority shall
have the burden of proving that the animal is potentially
dangerous by a preponderance of the evidence. The director of
animal control shall issue a written decision to the appellant
which either sustains or reverses the animal control
authority's declaration. The decision shall be the final
decision of the animal control authority. If the declaration
is sustained, the appellant shall be notified of the right to
an appeal.
G. Appeal of Decision of Director of Animal Control. The
owner of an animal declared potentially dangerous may appeal
the decision of the director of animal control. A written
appeal shall be filed with the clerk of the municipal court
within 14 calendar days after the date of the director's
written decision.
H. Court Hearing. Upon receiving a written appeal from
the owner of an animal declared potentially dangerous, the
clerk of the municipal court shall promptly set a date for
hearing the appeal. Written notice of the time, date and place
of the hearing shall be delivered or mailed at least ten
working days prior to the hearing to the appellant and to the
animal control authority.
I. Burden of Proof and Standard of Review. It shall be
the appellant's burden to prove that the decision by the
director of animal control that the animal is potentially
dangerous is arbitrary and capricious.
J. Court Decision. If the court finds that the decision
of the director of animal control is arbitrary and capricious,
the declaration shall be rescinded and any restrictions imposed
shall be removed. Court costs shall not be assessed against
either party. If the court finds that the decision by the
director of animal control was not arbitrary and capricious,
the court shall award the City its court costs, including
attorneys' fees, and may impose additional restrictions on the
animal.
K. Change of Ownership, Custody or Residence. The owners
of an animal that has been declared potentially dangerous who
sells or otherwise transfers the ownership, custody or
residence of the animal, shall within ten working days of the
change, inform the animal control authority in writing of the
name, address and telephone number of the new owner, the new
address where the animal is located and the name, description
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and license number of the animal. The owner shall notify the
new owner in writing of the details of the animal's record
relating to the declaration that the animal is potentially
dangerous, and the terms and conditions of the declaration.
The owner shall also provide the animal control authority with
a copy of the written notification which shall contain a
notarized statement by the new owner acknowledging receipt of
the notice.
6.04.053. Failure to Control an Animal Declared
Potentially Dangerous - Declaration of an Animal as Dangerous.
A. Violation. After an animal is declared potentially
dangerous pursuant to this chapter, the owner of the
potentially dangerous animal shall be guilty of a violation of
this chapter if the animal runs at large, chases or approaches
a person upon the streets, sidewalks or other public grounds in
a menacing fashion or apparent attitude of attack, causes
injury to or otherwise threatens the safety of a human or
domestic animal, or bites a human or domestic animal. This
section shall not preclude criminal prosecution under RCW
16.08.100(3) in a first -bite situation causing severe injury or
death to a human.
B. Declaration of an Animal as Dangerous. The animal
control authority has the authority to declare an animal
dangerous. If the owner of a potentially dangerous animal is
found guilty of violating this section, the court shall make a
further determination as to whether the animal should be
declared dangerous. Pursuant to RCW 16.08.090(3), animals
shall not be declared dangerous if the threat, injury, or
damage was sustained by a person who, at the time, was
committing a willful trespass or other tort upon the premises
occupied by the owner of the animal, or was tormenting, abusing
or assaulting the animal 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.
C. Notice. When the animal control authority determines
that an animal is dangerous, the animal control authority shall
notify the owner in writing that the animal has been declared
dangerous. The notice shall contain a description of the
animal, the name and address of the animal's owner, if known, a
brief summary of the facts upon which the declaration is based,
a statement of any restrictions placed on the animal as a
consequence of the declaration, a statement of the penalties
for further violations, and notice of the right to appeal the
declaration, including a statement of the deadline for the
appeal.
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D. Service of Notice. The animal control authority shall
personally serve or mail its written declaration of a dangerous
animal to the owner. If the owner is unknown, the animal
control authority shall make reasonable efforts to locate and
notify the owner of the declaration.
E. Appeal of Declaration to Animal Control Authority.
The owner of an animal declared dangerous by the animal control
authority shall have seven calendar days from receipt of the
written declaration to appeal the declaration to the animal
control authority. The owner's appeal must be in writing and
must be filed with the animal control authority.
F. Hearing Before Director of Animal Control or
Designee. Upon receiving the written notice of appeal, the
director of animal control shall promptly schedule an appeal
hearing and provide written notice of the hearing to the
appellant. At the hearing, the animal control authority shall
have the burden of proving that the animal is dangerous by a
preponderance of the evidence. The director of animal control
shall issue a written decision to the appellant which either
sustains or reverses the animal control authority's
declaration. The decision shall be the final decision of the
animal control authority. If the declaration is sustained, the
appellant shall be notified of the right to an appeal.
G. Appeal of Decision of Director of Animal Control. The
owner of an animal declared dangerous may appeal the decision
of the director of animal control. A written appeal shall be
filed with the clerk of the municipal court within 14 calendar
days after the date of the director's written decision.
H. Court Hearing. Upon receiving a written appeal from
the owner of an animal declared dangerous, the clerk of the
municipal court shall promptly set a date for hearing the
appeal. Written notice of the time, date and place of the
hearing shall be delivered or mailed at least ten working days
prior to the hearing to the appellant and to the animal control
authority.
I. Burden of Proof and Standard of Review. It shall be
the appellant's burden to prove that the decision by the
director of animal control that the animal is dangerous is
arbitrary and capricious.
J. Court Decision. If the court finds that the decision
of the director of animal control is arbitrary and capricious,
the declaration shall be rescinded and any restrictions imposed
shall be removed. Court costs shall not be assessed against
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either party. If the court finds that the decision by the
director of animal control was not arbitrary and capricious,
the court shall award the City its court costs, including
attorneys' fees, and may impose additional restrictions on the
animal.
6.04.055. Registration of a Dangerous Animal.
A. Registration Required. The owner of an animal
declared to be dangerous by the animal control authority or by
a court shall register the dangerous animal with the City
pursuant to RCW 16.08.080 within 30 days of the date the animal
is declared dangerous. Thereafter, the owner of the dangerous
animal shall register the animal annually before or during the
month of July.
B. Registration Expiration. Certificates of registration
for dangerous animals shall expire on June 30 of each year.
C. Registration Fee. The annual registration fee for a
dangerous animal is $100. This registration fee is in addition
to regular licensing fees. The initial registration fee shall
be prorated according to the number of months remaining in the
registration year.
D. Certificate of Registration Application. An
application to obtain a certificate of registration of a
dangerous animal shall contain the following information:
(1) Name, address and telephone number of the
applicant owner;
(2) Type, name, age, color, sex and distinguishing
characteristics of the animal;
(3) A diagram to approximate scale, showing the
secure enclosure proposed to confine the
dangerous animal;
(4) Evidence of the posting of the owner's premises
with a clearly visible warning sign that there is
a dangerous dog on the property, and a
conspicuously displayed sign with a warning
symbol that informs children of the presence of a
dangerous dog;
(5) Pursuant to RCW 16.08.080, sufficient proof of a
surety bond issued by a surety qualified under
Chapter 48.28 RCW in the amount of at least
$50,000; and
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(6) Sufficient proof of a liability insurance policy
in the amount of at least $100,000 insuring the
applicant owner for personal injuries inflicted
by the dangerous animal.
E. Pre -Certificate On -Site Inspection. An employee of
the animal control authority shall make an on-site inspection
of the applicant's site for keeping the dangerous animal to
ensure that the site is properly enclosed and posted. The
inspection shall occur within 30 days of the animal being
declared dangerous.
F. Non -Compliance. In the event the owner of a dangerous
animal fails to comply with the requirements of this section or
RCW 16.08.080, the animal control authority may take immediate
action pursuant to RCW 16.08.100. Rules and regulations for
notifying owners of the confiscation of a registered dangerous
animal shall be formulated by the animal control authority.
G. Issuance of Certificate of Registration. The City
shall issue the certificate of registration, if the
registration fee is paid and the application and site
inspection show that the applicant meets the requirements of
this section and applicable state law. The certificate of
registration shall contain its expiration date, and a statement
of the applicable state criminal penalties. The certificate of
registration shall be prominently displayed by the owner of the
dangerous animal in an appropriate location.
H. Annual Inspections. Prior to the renewal of a
certificate of registration, the animal control authority shall
inspect the premises where the dangerous animal is kept at a
time mutually convenient to both the animal control authority
and the owner of the dangerous animal. The purpose of the
annual inspection shall be to ascertain that the site remains
in compliance with this section. The inspection shall occur
during the month of June before the expiration of the
certificate or registration. Failure of the owner of the
dangerous animal to cooperate in the inspection may result in
further action pursuant to RCW 16.08.100 and paragraph F of
this Section.
I. Change of Ownership Prohibited. An owner of an animal
declared dangerous shall not sell or otherwise transfer the
ownership, custody or residence of the animal without first
obtaining a written court order authorizing the transfer. An
owner or keeper seeking court approval shall notify the animal
control authority of its intent. In determining whether to
grant or deny approval, the court shall consider the following
criteria:
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(1) The information set forth in paragraph D of
Section 6.04.055;
(2) Any previous violations of this Title by the
proposed new owner;
(3) The facilities proposed to contain the animal
at its new site; and
(4) The characteristics of the neighborhood surrounding the
proposed new owner's premises, i.e. number of children,
schools, day care facilities, etc.
6.04.060. Howling and Barking. It is unlawful for a person to
keep or harbor any animal exclusive of livestock and domestic or fancy
fowl which habitually howls, yelps, whines, barks, or makes other oral
noise in such a manner as to unreasonably disturb others. Any such
animal is declared to be a nuisance and may be seized and impounded if
the disturbance reoccurs after the animal's owner has received three
warnings within six (6) months from the animal control authority.
6.04.070. Injury to Property. It is unlawful for an animal's
owner to suffer or permit the animal to trespass on property so as to
damage or destroy any property or thing of value. Any such animal is
declared to be a nuisance and may be seized and impounded.
6.04.075. Removal of Fecal Matter. It is unlawful for an owner
of an animal to:
A. Fail to remove fecal matter deposited by the animal on public
playgrounds, lawn areas and sidewalks, parks or other public
property where posted before the owner leaves the immediate
area where the fecal matter was deposited; or
B. Fail to possess the equipment necessary to remove animal fecal
matter when accompanied by the animal on public property
as set forth in A above.
6.04.080. Chasing Vehicles or Cyclists. It is unlawful for an
owner of a dog to fail to prevent the dog from chasing or jumping on or
at vehicles or cyclists lawfully using the public streets, avenues,
parks, alleys or ways. Any such dog is declared to be a nuisance and
may be seized and impounded.
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6.04.090. Jumping and Barking at Pedestrians or Cyclists. It is
unlawful for an owner of a dog to fail to prevent the dog from
snarling, growling, snapping at, or threatening any pedestrian or
cyclist lawfully upon the public sidewalks, streets, alleys, parks, or
public places of the City. Any such dog is declared to be a nuisance
and may be seized and impounded.
6.04.100. Animal At Large. It is unlawful for the owner of an
animal to permit the animal, whether licensed or not, to run at large
at any time. An animal at large is declared to be a nuisance and may
be seized and impounded. This section shall not apply to cats or
owners of cats.
6.04.110. Cruelty Violations Declared Unlawful. It is unlawful
for a person to:
A. Willfully and inhumanely injure or kill any
animal by any means;
B. Negligently or intentionally cause or fail to alleviate
any pain, suffering or injury of any animal;
C. Willfully and maliciously lay out, leave or expose any
poison intended for humans, animals or fowl, on any
premises, or aid or abet any person in so doing, unless
in accordance with the provisions of RCW 16.52.190;
D. Abandon any domestic animal by leaving the animal on the
street, road or highway, or in any other public place, or
on the private property of another;
E. Confine an animal within a motor vehicle under conditions
that may endanger the health or well being of the
animals, including but not limited to extreme
temperatures, or lack of food, water or attention. Any
animal control or police officer is authorized to remove
an animal from a motor vehicle, at any location, when the
officer reasonably believes the animal is confined in
violation of this paragraph. An animal so removed shall
be delivered to the animal control shelter of the animal
control authority. The removing officer shall leave
written notice of the removal and delivery, including the
officer's name, in a conspicuous, secure location on or
within the vehicle; or
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F. Transport an animal in the open bed of a pickup truck;
provided, that an owner may transport an animal in the bed of a pickup
truck where the animal is in a kennel and the kennel is secured in such
a manner so as to prevent injury to the animal pursuant to RCW
46.61.660.
6.04.115. Keeping Wild Animals Prohibited.
A. It is unlawful for any person to own, possess, maintain,
harbor, transport to sell within the City any living wild animal.
Zoological gardens, circuses, rodeos, or livestock shows licensed by
the City are excepted, as is any federally and state licensed
sanctuary.
B. For the purposes of this section, the term "wild animal" means
and includes any and all species of:
(1) Poisonous reptiles and poisonous arachnids;
(2) Crocodilians;
(3) Wolves and wolves -hybrids;
(4) All species of non -human mammals, except domestic cats
and dogs, domestic ferrets, domestic rodents, domestic rabbits, and
domestic species of livestock, including all camelids.
6.04.120. Injured or Diseased Animals. An animal suffering from
serious injury or disease may be humanely destroyed by the impounding
authority; provided, that the impounding authority shall immediately
notify the owner if the owner is known, and if the owner is unknown,
make all reasonable efforts to locate and notify the owner.
6.04.122. Failure to Report - When Striking an Animal with Motor
Vehicle. A person who strikes a domestic animal, domestic livestock,
or deer, while operating a motor vehicle shall stop at once, render
reasonable assistance and immediately attempt to report the injury or
death to the animal's owner. If the animal's owner cannot be
ascertained and located, the person shall at once report the accident
to the animal control authority or police. This section shall not be
construed to require the person striking the animal with a motor
vehicle to be financially responsible for any injury to or death of the
animal.
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6.04.125. Found Stray Animals.
A. It shall be the duty of a person who takes possession
of a stray animal, not owned by the person or not placed into
the person's possession by the person having lawful custody and
control thereof, to notify the animal control authority or
police at once, and to release the animal to the animal control
authority upon demand and without charge.
B. If the animal is released upon demand to the animal
control authority and if the animal control authority is able
to locate the lawful owner of the animal, then the person who
found the animal shall be notified upon request of that fact.
If the animal control authority is unable to locate the
animal's lawful owner, then the person who found the animal
shall be given the opportunity to adopt the animal, if
requested, before the animal may be adopted by another person
or euthananized by the animal control authority.
6.04.130. Violation - Abatement.
A. A person violating any provision of this chapter by
keeping or maintaining a nuisance as defined in this chapter,
in addition to the fine or imprisonment or both provided for by
Section 6.04.140, shall be ordered by the court to immediately
abate and remove such nuisance and if the same is not done by
the offender with 24 hours of the order, the nuisance shall be
abated and removed under the direction of the officer
authorized by the court, which order of abatement shall be
entered upon the docket of the court and made a part of the
judgment in the action.
B. The person ordered to abate the nuisance shall be
liable for all costs and expenses of abating the nuisance when
the nuisance is abated by the City, which costs and expenses
shall be taxed as a part of the costs of prosecution against
the party, to be recovered as other costs are recovered. In
all cases where the officer authorized by the court abates a
nuisance, the officer shall keep an account of the expenses
related to the abatement, and in addition to other authority
granted by this chapter to collect such costs and expenses, the
City may bring suit for the costs and expenses in any court of
competent jurisdiction against the person keeping or
maintaining the abated nuisance.
6.04.140. Violation - Penalty.
A. Any person violating Sections 6.04.050, 6.04.053,
6.04.055 or 6.04.110 of this chapter shall be guilty of a
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misdemeanor and upon conviction thereof shall be punished by a fine not
to exceed $1,000 or by imprisonment for a period not to exceed one
year, or by both such fine and imprisonment. For each violation of
this chapter of a continuing nature, each day of violation may be
considered a separate offense.
B. Any person violating any of the provisions of this chapter, or
who creates, keeps or maintains a nuisance as defined in this chapter,
is guilty of a civil infraction, and shall upon conviction be fined in
an amount not to exceed $300; provided, that the violation of 6.04.050,
6.04.053, 6.04.055, and 6.04.110 constitute criminal offenses.
Section 3. New Chapter. There is added to Title 6, of the
Bainbridge Island Municipal code a new Chapter 6.08 entitled "Licensing
of Dogs and Cats" as follows:
6.08.101. License - Required for Dogs - optional for cats. To
facilitate reuniting pets with their owners, it is unlawful for any
person to own, keep or have control of any dog over the age of six
months within the City unless the person has procured a license for the
dog or cat as provided in this chapter. The owner of a cat over the
age of six months may procure a license for the cat as provided in this
Chapter.
6.08.020. License - Fee - Certification of Spaying or Neutering.
A. As of July 1, 1992, fees for licenses for dogs are as follows:
(1) For each dog which is spayed or castrated,
$6.00 for the life of the dog.
(2) For each dog not spayed or castrated, an
annual fee of $25.00.
B. A statement or letter from a veterinarian, certifying that the
dog has been spayed or castrated must be presented when applying for
the initial lifetime license.
C. As of July 1, 1992, the fee for the optional license for each
cat shall be $6.00 for the life of the cat.
D. The cost of a license purchased after January 1 of a licensing
year shall be reduced by 50%. This reduced fee is not applicable to
renewals and lifetime licenses.
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6.08.025. License Exemptions.
A. Licenses and license tags shall be provided free of
charge by the City to service dogs properly trained to assist
the handicapped as follows:
(1) When such dogs are actually being used by the
handicapped for the purpose of aiding the
handicapped in going from place to place;
(2) To dogs currently being trained for the purpose
of aiding the handicapped in a school or program
which has been approved or accredited by a
professional organization or association, either
for profit or not for profit; or
(3) To pups and young dogs being raised under the 4-H
program known as "Guide Dogs for the Blind",
"Service Dogs", etc.
B. The provisions of this chapter shall not apply to dogs
used by a law enforcement agency for law enforcement work or to
dogs in the custody of a veterinarian, pet store, or animal
shelter, or whose owners are non-residents temporarily within
the City for a period not to exceed 30 days.
6.08.030. License - Date Due. The fee for a dog license,
except a lifetime license, shall be due and payable on the
first day of July of each year. If the license fee is not paid
on or before July 31 of each year, the applicant shall pay a
penalty fee of $5.00 for each license in addition to the
regular license fee; provided, that the applicant shall not pay
the penalty fee if as of July 31st:
A. The applicant has been a resident of the City for 30
days or less;
B. The applicant has owned, kept or been in control of
the dog for 30 days or less;
C. The dog, at the time of the application for the
license, is six months of age or less; or
D. The applicant voluntarily applies for a license prior
to being warned or cited by the animal control
officer.
6.08.031. Boarding Kennels/Catteries, Commercial Kennels,
Pet Shops and Animal Shelters.
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A. License Required. Boarding kennels/catteries,
commercial kennels, pet shops and animal shelters shall be
licensed annually before or during the month of July or within
30 days of commencement of operation.
B. License Expiration. Licenses issued pursuant to this
section shall expire on June 30 of each year.
C. License Fees. License fees shall be as follows:
1.
Commercial Kennel
$
250.00
2.
Boarding Kennel/Cattery
$
150.00
3.
Pet Shop
$
25.00
4.
Animal Shelter
No Fee
D. Additional License Fee. If a license is not obtained
by July 31st, there shall be an additional license fee of
$25.00 for a commercial kennel or boarding kennel/cattery and
$10.00 for a pet shop.
E. Proration of License Fee. Upon commencement of
operation, the initial license fee for a commercial kennel,
boarding kennel/cattery or pet shop shall be prorated according
to the number of months remaining in the license year.
F. License Application. A license application for a
commercial kennel, boarding kennel/cattery, pet shop or animal
shelter shall be made to the animal control authority and shall
contain the following:
(1) Name, address and telephone number of the owner
or operator of the facility, and the name and
address of the facility;
(2) The type of license sought and a brief
description of the magnitude and nature of the
contemplated operation;
(3) A written statement from the City's Department of
Community Development or other satisfactory proof
that the proposed operation conforms to the
City's zoning code and all other land use
regulations.
G. License Issuance. The animal control authority shall
issue the license or renewal thereof if the license fee is
paid, if the application meets the requirements of paragraph F
of this section, and if, upon inspection, the operation or
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contemplated operation meets or will meet the requirements of
paragraphs H and I of this section. The license shall contain
its expiration date and shall be prominently displayed at the
place of operation.
H. Operation Requirements.
1. Suitable food, water and medical attention shall
be provided to all animals.
2. Food shall be stored in a fashion which prevents
contamination or infestation.
3. The facilities shall be maintained and operated
in a healthful, sanitary manner free from
disease, infestation and foul odors.
4. Sick animals shall be isolated from healthy
animals in quarters adequately ventilated to
prevent contamination of healthy animals.
5. Animals shall receive adequate food, water and
care on days when the facility is not open for
business.
6. Animals shall be immunized from disease as is
usual and customary for the animal's age and
species.
I. Facility Requirements.
1. Animal housing facilities shall be structurally
sound, in good repair, designed to protect the
animals from injury and shall provide sufficient
security to contain the animals while preventing
entry of unwanted animals.
2. The facilities shall include a washroom with
sinks for hot and cold running water.
3. Indoor facilities shall:
a. Be heated or cooled to protect the animals
from temperatures to which they are not
acclimated;
b. Be adequately ventilated;
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dtc/cab/1415y 12/23/91
t "
C. Have interior walls, ceilings and floors
which are sealed and are resistant to
absorption of moisture or odors;
d. Have flooring with an impervious surface
that can be sanitized and which slopes no
less than one-fourth (1/4) inch to the foot;
and
e. Have a drainage system which is connected to
a septic system or sanitary sewer to
facility cleaning.
4. Outdoor facilities shall:
a. Provide shelter and protection from adverse
weather;
b. Provide sufficient room for adequate
exercise and movement;
C. Have flooring with an impervious surface
that can be sanitized; and
d. Have a drainage system which is connected to
a septic system or sanitary sewer to
facilitate cleaning.
J. Inspections. The animal control authority shall
inspect existing or proposed commercial kennels, catteries, pet
shops and animal shelters in connection with its licensing
investigation and when inspections are necessary to insure
compliance with this chapter. Inspections shall be made during
regular business hours.
K. Revocation. Licenses issued pursuant to this chapter
may be revoked by the animal control authority if the licensed
commercial kennel, boarding kennel/cattery or pet shop is
operating in violation of paragraphs H or I of this section.
6.08.032. Hobby Kennels.
A. License Required. A person must apply for a hobby
kennel license if the person owns, keeps, or maintains five (5)
or more unaltered dogs and/or cats over six (6) months of age.
Hobby kennels containing any unaltered dogs or cats shall be
licensed annually before or during the month of July or within
30 days of commencement of operation. A person owning up to
ten (10) dogs and/or cats all of which are altered may apply
for a lifetime hobby kennel license for those animals.
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B. License Expiration. Hobby kennel licenses shall
expire on June 30 of each year.
C. License Fee. The annual license fee for a hobby
kennel shall be $100.00. Lifetime hobby kennel license fees
for kennels containing up to ten (10) altered animals shall be
$50.00. There shall be an additional fee of $25.00 if the
license is not obtained by July 31.
D. Proration of License Fee. Upon commencement of
operation, the initial license fee for a hobby kennel shall be
prorated according to the number of months remaining in the
license year.
E. License Application. An application for a hobby
kennel license shall be made to the animal control authority
and shall contain the following:
1. The name, address and telephone number of the
applicant;
2. A diagram in approximate scale showing the
property and structures for which the license is
sought;
3. A diagram of the kennel facility;
4. A description of the uses to which the properties
surrounding the proposed hobby kennel are
devoted; and
5. The number and breeds of dogs and/or cats for
which the license is sought.
F. License Issuance. The animal control authority shall
issue the license or renewal thereof if the license fee is
paid, if the application meets the requirements of paragraph E
of this section, and if, upon inspection, the existing or
proposed hobby kennel is compatible with the uses of property
in the surrounding area, would not create a burdensome
annoyance to those in the vicinity, and would not cause a
significant risk to health. In applying the foregoing
standards, the animal control authority shall consider the
layout and construction of the hobby kennel, setbacks, fencing,
screening, soundproofing and appropriate sanitation procedures
to prevent disease, infestation and foul odors. A license may
be issued subject to conditions in the nature of physical
alterations and improvements if the conditions would bring the
hobby kennel within the foregoing standards. As a part of a
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dlc/cab/1415y 12/23/91
hobby kennel license, the licensee shall receive a license tag
for each dog or cat owned by the licensee. No further
licensing is required for such animals.
G. Limitations Upon Number of Dogs/Cats. No hobby kennel
shall have more than ten dogs or cats without the written
consent of the animal control authority. A person desiring
more than ten dogs or cats must seek permission in writing from
the animal control authority. In considering such a request,
the animal control authority shall consider the characteristics
of the breed and the layout and surroundings of the kennel.
Permission to have more than ten dogs or cats may be granted
only if the increased number would not make the hobby kennel
incompatible with the uses of property in the surrounding area.
H. Inspections. Prior to the issuance of a hobby kennel
license or any renewal thereof, the animal control authority
shall inspect the applicant's premises at a mutually convenient
time. The purpose of the inspection shall be to determine if
the hobby kennel does or can meet the standards set forth in
paragraphs F of this section.
I. Revocation. A hobby kennel license may be revoked by
the animal control authority if the hobby kennel is operating
in violation of paragraph F or G of this section.
J. Exemption. An animal rescue league foster home which
has been issued a permit under section 6.08.034 shall be exempt
from hobby kennel license requirements; provided that all
personally owned animals shall be licensed in accordance with
this chapter.
6.08.033. Grooming Parlors.
A. License Reguired. Grooming parlors shall be licensed
annually before or during the month of July or within 30 days
of commencement of operation.
B. License Expiration. Grooming parlor licenses shall
expire an June 30 of each year.
C. License Fee. The license fee for a grooming parlor
shall be $25.00. There shall be an additional fee of $10.00 if
the license is not obtained by July 31; provided, that if the
grooming parlor is operated in conjunction with a commercial
kennel or pet shop by the owner or operator thereof, the
license fee shall not be collected.
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dic/cab/1415y 12/23/91
D. Proration of License Fee. Upon commencement of
operation the initial license fee for a grooming parlor shall
be prorated according to the number of months remaining in the
license year.
E. License Application. An application for a grooming
parlor license shall be made to the animal control authority
and shall contain the following:
1. The name, address and telephone number of the
owner or operator of the facility, and the name
and address of the facility;
2. A brief description of the magnitude and nature
of the contemplated operation; and
3. A written statement from the City's Department of
Community Development or other satisfactory proof
that the contemplated operation conforms to
city's zoning code and all other land use
regulations.
F. License Issuance. The animal control authority shall
issue the license or renewal thereof if the license fee is
paid, if the application meets the requirements of paragraph E
of this section, and if, upon inspection, the operation or
contemplated operation meets or will meet the requirements of
paragraph G of this section. The license shall contain its
date of expiration. The license shall be prominently displayed
at the place of operation.
G. Operation and Facility Requirements. Grooming parlors
shall:
1. Not board animals;
2. Provide restraining straps for animals to prevent
injury to animals while being groomed;
3. sterilize grooming equipment after each use;
4. Not leave animals unmonitored while drying before
a dryer;
5. Not prescribe or administer treatment or medicine
or otherwise engage in veterinary practice as
defined by RCW 18.92.010;
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dlc/cab/1415y 12/23/91
6. Not cage animals in the same cage unless so
requested by the owner of the animals;
7. Be structurally sound and in good repair;
8. Have grooming areas with walls, ceilings and
floors which are sealed and are resistant to
absorption of moisture and odors; and
9. Be cleaned and sanitized on a regular basis.
H. Inspections. The animal control authority shall
inspect existing or proposed grooming parlors in connection
with its licensing investigation and when inspections are
necessary to insure compliance with this ordinance.
Inspections shall be made during regular business hours.
I. Revocation. Grooming parlor licenses may be revoked
by the animal control authority if the grooming parlor is
operating in violation of paragraph G of this section.
6.08.034. Foster Home Permit.
A. Permit Reguired. A person must obtain a foster home
permit from the animal control authority or a designee of the
animal control authority, which may be an animal rescue league.
B. Standards. The animal control authority shall
establish standards for foster homes and shall consider
recommendations for such standards submitted by an animal
rescue league operating in the City.
C. Permit Issuance. The animal control authority shall
issue the permit if the application meets the standards.
Permits must be received annually and the animal control
authority or its designee shall inspect the foster home prior
to any renewal.
D. Compliance. All foster homes must comply with all
city ordinances.
E. Revocation. Permits issued pursuant to this section
may be revoked by the animal control authority if the foster
home is operating in violation of paragraphs B, C or D of this
section.
6.08.040. License - License Tag - Issuance.
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dic/cab/1415y 12/23/91
A. The city clerk or animal control authority shall issue
individual animal licenses to persons applying upon payment of the
license fee. A license tag shall be issued by the city clerk or animal
control authority for each dog or cat licensed. All fees collected
under this section shall be submitted to the city clerk.
B. Commercial kennel, boarding kennel, cattery, grooming parlor,
pet shop, and hobby kennel licenses shall be issued by the animal
control authority upon receipt of application, payment of fees, and an
inspection by the animal control authority. All fees collected under
this section shall be retained by the animal control authority.
C. The license shall be dated and numbered and shall bear the
name of Bainbridge Island, Washington, the name, address, and telephone
number of the owner of the licensed dog or cat, the name of the dog or
cat, and a description of the dog or cat, including its age, sex and
color.
D. The license tag shall bear the name of Bainbridge Island,
Washington, a serial number corresponding to the number on the license,
and the date of expiration; provided, that lifetime license tags issued
to cats or spayed or castrated dogs shall have no expiration date.
E. Every owner of a dog shall keep a substantial collar on the
dog with a lifetime license tag or a license tag for the current
licensing year. Alternatively, an owner may tattoo the lifetime
license number inside the ear or right thigh of the dog or cat.
6.08.050. License - Non-transferrable.
A. Dog or cat licenses issued pursuant to this chapter shall not
be transferable from one pet to another; provided, that this chapter
shall not be construed to prevent a license from being transferred with
the ownership of the dog or cat from one owner to another.
B. If an owner of an animal moves from another political
subdivision of the county into the City during the year in which the
license is current, the license shall be honored by the City so long as
the license is current.
C. A lifetime license as issued cats or to spayed or castrated
dogs may be transferred to new owners as long as information relating
to the transfer is given to the animal control authority within 30 days
of the transfer.
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6.08.060. License Tags - Replacement. Lost license tags
may be replaced by a substitute identification tag upon payment
of a $1.00 replacement fee to the city clerk.
6.08.070. License Tags - Removal Unlawful. It is unlawful
for a person other than the owner to remove a license tag from
an animal licensed under the provisions of this chapter.
6.08.080. Impoundment of Unlicensed Dogs. All dogs not
licensed pursuant to this chapter, or who do not exhibit the
license identification tag required by this chapter, are deemed
to be a nuisance and may be seized and impounded.
6.08.090. Violation - Penalty.
A. Any person who refuses, fails to comply with, or
violates, Section 6.08.010 of this chapter, is guilty of a
civil infraction, and shall upon conviction be fined in an
amount not to exceed $300.00.
B. Any person who refuses, fails to comply with or
violates, Sections 6.08.031, 6.08.032, or 6.08.033 of this
chapter shall be guilty of a misdemeanor and shall be punished
by a fine not to exceed $500.00 or by imprisonment of not more
than ninety 90. days, or by both such fine and imprisonment.
Section 4. New Chapter. There is added to Title 6 of the
Winslow Municipal Code a new Chapter 6.12 entitled
"Impoundment" as follows:
6.12.010. Animal Control Authority Appointed. The Kitsap
Humane Society, a corporation existing under RCW 16.52.020, is
appointed as and declared to be the official animal control
authority of the city commencing September 1, 1991.
6.12.020. Animal Control Authority - Duties.
A. The animal control authority shall impound all animals
subject to impounding pursuant to city ordinance. Impounded
animals shall be provided with proper care, feed and water
while so confined. The animal control authority shall collect
and dispose of all dead animals found in the city, and if the
owner is known a fee may be collected for such services. Sick
or injured animals shall be impounded when not in the owner's
possession and may be euthananized at the discretion of the
animal control authority; provided, that the animal control
authority shall immediately notify the owner, if the owner is
known, and if the owner is unknown, make all reasonable effort
to locate and notify the owner.
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dlc/cab/1415y 12/23/91
B. The animal control authority is granted authority to
establish reasonable fees for the services provided pursuant to
this Title. In establishing such fees, the animal control
authority shall endeavor where possible to make fees conform to
those charged in neighboring jurisdictions for similar
services. A current schedule of all fees established by the
animal control authority pursuant to this Title shall be filed
by the animal control authority with the city clerk and made
available by the clerk for public inspection at all times
during normal business hours.
6.12.030. Animal Control Authority - Employees to be
Special Police. Each employee of the animal control authority
over the age of 21 years, except clerks and stenographers, is
made a special police officer or marshal of the City, and is
charged with the duty of enforcing all City ordinances relating
to the control, care, treatment and impounding of animals, but
without pay from the City; provided, that the employees shall
be first sworn in and provided with a suitable badge of
authority furnished by the City, to be withdrawn from the
officer at any time by a vote of the majority of the city
council present at any meeting of the council.
6.12.040. Impoundment - Notice. Upon the impoundment of
an animal pursuant to this chapter, the impounding animal
control authority shall as soon as possible notify the animal's
owner, if the owner is known, of the animal's impoundment, and
the terms upon which the animal can be redeemed. If the owner
of the impounded animal is unknown, the animal control
authority shall make reasonable efforts to locate and notify
the impounded animal's owner.
6.12.050. Redemption of Dog, Cat or Other Animal.
A. The owner of a dog, cat or other animal impounded
pursuant to this chapter may redeem the dog, cat or other
animal within 96 hours from the time of impounding by paying to
the animal control authority a redemption fee together with any
unpaid applicable license fee. An additional charge per day or
part thereof may be imposed.
B. If an impounded dog, cat or other animal is not
redeemed by the owner within 96 hours of the time of
impoundment, the dog, cat or other animal may be adopted by
another person or euthananized.
C. An animal so impounded which is less than two months
of age may be adopted or euthananized at any time after animal
control at the discretion of the animal control authority.
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dlc/cab/1415y 12/23/91
6.12.060. Redemption of Horse Cow Goat or Other Domestic
Animal. The owner of a horse, cow, goat or other domestic
animal impounded pursuant to this chapter may redeem the animal
within 48 hours from the time of impoundment by paying the
animal control authority a fee for each day or part thereof
that the animal is detained, plus an impound fee which shall
include costs of care and feeding the animal for the days
impounded. An additional fee shall be paid to the animal
control authority for transportation of animals requiring the
use of special equipment for impounding.
6.12.070. Sale of Unclaimed Horse, Cow, Goat or Other
Livestock. A horse, cow, goat or other livestock not claimed
and released upon required payment shall at the expiration of
48 hours be sold at a public auction upon five days notice.
The notice shall be published in the City's official newspaper
and shall state the time and place of the public auction, and
the name of the owner, if known, and if the name of the owner
is not known, a statement to that effect. A copy of the notice
shall be served upon the owner, if the identity of the owner is
known to the animal control authority and the owner can be
found in the city, at least one day prior to the public
auction. The animal control authority shall deduct from the
proceeds of sale all expenses of feeding and caring for the
animal and all expenses of advertising and selling the animal,
and shall retain the balance in reserve for six months from the
date of the sale. If the balance is unclaimed at the
expiration of six months, the balance shall revert to the
animal control authority for operation of the animal shelter.
No such money shall be paid any claimant except upon proof
satisfactory to the animal control authority that the claimant
is entitled to the same.
6.12.080. Animal Bite Quarantine.
A. Any animal that bites or otherwise breaks the skin of
a person shall be quarantined for at least ten days from the
date of bite, to determine whether the animal is infected with
any disease that may have been transmitted to the victim. The
place of quarantine shall be established by the animal control
authority. After an investigation by the animal control
authority may in its discretion allow the owner of the animal
to maintain quarantine.
B. Kennel fees, if any, for the quarantine period shall
be paid by the animal's owner and the release of the animal
shall be conditioned upon payment of the kennel fees.
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Section 5. Effective Date. This ordinance shall take
effect and be in force five days from and after its passage,
approval, publication and posting as required by law.
PASSED by the City Council this
1991.
APPROVED by the Mayor this 30th
1991.
SAM J ATO, MAYOR
ATTEST/AUTHENTICATE:
DONNA JEAN BUXTO ,
Clerk -Treasurer
APPROVED AS TO FORM:
ROD P. KASEGUMA
City Attorney
30th day of December
day of
1- s �-
FILED WITH THE CITY CLERK: Decebmer 26, 1991
PASSED BY THE CITY COUNSEL: December 30, 1991
PUBLISHED • January 8, 1992
POSTED: January 8, 1992
EFFECTIVE DATE: January 13, 1992
ORDINANCE NO.: 91-41
d1c/cab/1415y 12/23/91
R
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