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ORD 2015-02 RELATING TO DOGS ON PUBLIC PROPERTYORDINANCE NO. 2015-02 AN ORDINANCE of the City of Bainbridge Island, Washington, relating to dogs on public property and amending Sections 6.04.010, 6.04.030, 6.04.100, 12.20.020, 12.20.030 and 12.20.070 of the Bainbridge Island Municipal Code (BIMC). WHEREAS, the City desires to require that dogs be leashed while on public property and while on private property not belonging to the dog's owner; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Section 6.04.010 of the Bainbridge Island Municipal Code is hereby amended to add a new definition, "public property" to read as follows: "Public property" shall mean public rights -of -way, property owned by the City of Bainbridge Island, property owned by the Bainbridge Island Metropolitan Park & Recreation District, and property owned by the Bainbridge Island School District. Section 2. Section 6.04.010.8 of the Bainbridge Island Municipal Code is hereby amended to read as follows: 8." owner's a- eompeten -sen: "At large" means a dog on public property or private property without permission of the properly owner or lessor except: a. In parks, on Bainbridge Island School District propmy, in \ inslow in an area bounded by Eagle Harbor Madison Avenue High School Road and Ferncliff Avenue and in the Lynwood Neighborhood Service Center unless the dog is on a leash or chain no longer than 6 feet in length or is within an area cal' a_park during hours which the owner of the park has designated as available to off -leash dogs, il` under its owner's direct control and obedient to its owner's commands. b. Elsewhere on Bainbridge Island, unless the animal is under physical restraint adequate to the size and nature of the animal or is sufficiently near its owner to be under its owner's direct control and is obedient to its owner's comrands. Section 2. Section 6.04.030 of the Bainbridge Island Municipal Code is hereby amended to read as follows: 6.04.030 Running at large. It is unlawful for the owner of an animal to permit the animal, whether licensed or not, to run at large as defined in BIMC 6.04.010.8. rare rule c— be,acAi- pon`arccr fountain or- str-ea ",, •, „klie playgFoun.d, school grounds, or sir u blie building. A anifnal in vielation of' this et:o is deelafed_to be n� and may be seized and inTetinded, This seetio shall not apply to eats or- owner-s of c ti , and .hall of prohibit a per-son from alki..n em- ding— an— a3imal, , when sueh animal leash, and prepef safeguards e taker, to r oteet the publie and pr- apet4y fro .M.: r damage by the animal, (Ord. 91 419 1) Section 3. Section 6,04, 100 of the Bainbridge Island Municipal Code is deleted in its entirety: Section 4. Section 12.12.020(D) of the Bainbridge Island Municipal Code is hereby amended to read as follows: D. "Park" is a park, reservation, playground, beach, recreation center or any other area in the city, owned or used by the_ City or the Bainbridge Island Metropolitan Parks and Recreation District, and devoted to active or passive recreation. Section 5. Section 12.20.030 of the Bainbridge Island Municipal Code is hereby amended to read as follows: 12.20.030 Park property. No person in a park shall: A. Buildings and Other Property. 1. Disfigurement and Removal. Willfully mark, deface, disfigure, injure, tamper with, or displace or remove, any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal, 4 2. Restrooms and Washrooms. Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition, 3. Removal of Natural Resources. Dig, or remove any beach sand, whether submerged or not, or any soil, rock, stones, trees, shrubs or plants, down - timber or other wood or materials, or make any excavation by tool, equipment, blasting, or other means or agency, 4. Erection of Structures. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon, or across such lands, except on special written permit issued under this chapter; B. Trees, Shrubbery, Lawns. 1. Injury and Removal. Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant; nor shall any person attach any rope, wire, or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area, 2. Climbing Trees, etc. Climb any tree or walk, stand or sit upon monuments, vases, fountains, railing, fences or upon any other property not designated or customarily used for such purposes, 3. Hitching of Animals. Tie or hitch a horse or other animal to any tree or plant; C. Wild Animals, Birds, etc. 1. Hunting. Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird, nor shall he remove or have in his possession the young of any wild animal, or the eggs or nest, or young of any reptile or bird, 2. Feeding. Give or offer, or attempt to give, to any animal or bird any tobacco, alcohol or other known noxious substances; D. Dogs--Dog at Large. Allow a dog to run at large. "At large" has the same meaning as set forth in BIMC 6.04.010.8. Such dog st be en leash of ithin Section 5. Section 12.20.070 of the Bainbridge Island Municipal Code is hereby amended to read as follows: 3 12.20.070 Behavior. No person in a park shall: A. Intoxicating Beverages. Have entered or be under the influence of intoxicating liquor; B. Fireworks and Explosives. Brought, or have in his possession, or set off or otherwise cause to explode or discharge or burn, any firecrackers, torpedo, rocket, or other fireworks or explosives of inflammable material, or discharge them or throw them into any such area from land or water adjacent thereto. This prohibition includes any substance, compound, mixture, or article that in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints; G, Demcst2E- Animals. rural'V{ been responsible for entr -y of : dog o .other- ; and in sueh other- areas as may be elear-ly rnafked L1111�rJ Vli µ�AVl� µµ.V iVµJaiVJ aiv. ba ury r��rr�a v��r �vvr ��• ... .t, r��, CD. Alms. Solicit contributions for any purpose, whether public or private; D£. Fires. Build or attempt to build a fire except in such areas and under such regulations as may be designated by the director. No person shall drop, throw, or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material, within any park area or on any highway, road or street abutting or contiguous thereto; EF. Closed Areas. Enter an area posted as "Closed to the Public," nor shall any person use, or abet the use of any area in violation of posted notices; FG. Games of Chance. Gamble, or participate in or abet any game of chance; G14. Loitering and Boisterousness. Sleep or protractedly lounge on the seat, or benches, or other areas, or engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace; 11 HI. Exhibit Permits, Fail to produce and exhibit any permit from the director he claims to have upon request of any authorized person who desires to inspect the same for the purpose of enforcing compliance with any ordinance or rule; IJ. Interference with Permittees. Disturb or interfere unreasonably with any person or party occupying any area, or participating in any activity, under the authority of a permit. Section 6. This ordinance shall take effect and be in force five (5) days from its passage, approval, and publication as required by law. PASSED BY THE CITY COUNCIL this 24th day of March, 2015. APPROVED BY THE MAYOR this 20 day of March, 2015. Anne S. Blair_ 1yof ATTEST /AUTHENTICATE: Rosalind D. Lassoff, CMC, City Clerk FILED WITH THE CITY CLERK: March 12, 2015 PASSED BY THE CITY COUNCIL: March 24, 2015 PUBLISHED: March 27, 2015 EFFECTIVE DATE: April 1, 2015 ORDINANCE NUMBER: 2015 -02 5