ORD NO. 2019-13 ADOPTING KITSAP HUMANE SOCIETY RECOMMENDED UPDATES TO THE CITY’S ANIMAL CONTROL CODE V6 REVISIONS FROM 061119 MEETING FOR 062519 CONSENTORDINANCE NO. 2019-13
AN ORDINANCE of the City of Bainbridge Island, Washington, relating
to animal control; amending Title 6 of the Bainbridge Island Municipal
Code (BIMC) to update the City's Animal Control Code to incorporate
best practices recommended by the City's animal control authority.
WHEREAS, on December 12, 2017, the City Council authorized the City
Manager to enter into a contract with Kitsap Humane Society for animal control services
for a new three-year term beginning on January 1, 2018; and
WHEREAS, on January 2, 2018, the City and the Kitsap Humane Society
executed a contract for animal control services for a three-year term ending on
December 31, 2020; and
WHEREAS, under the terms of the contract, the City has designated the Kitsap
Humane Society to act as the Animal Control and Impounding Authority for the City in
accordance with Title 6 BIMC; and
WHEREAS, the Kitsap Humane Society has previously performed these services
for the City and performs similar services for other municipalities in Kitsap County; and
WHEREAS, one of the City Council's top priorities for 2018 was code
enforcement; and
WHEREAS, on June 4, 2018, the Kitsap Humane Society provided the City with
a number of recommended changes to the City's Animal Control Code; and
WHEREAS, such recommendations were provided as part of a larger City-wide
effort to evaluate what improvements related to code enforcement could be made to the
City Code; and
WHEREAS, on September 18, 2018, the City Council first considered the Kitsap
Humane Society's recommendations as part of a larger code enforcement discussion; and
WHEREAS, on March 12, 2019, representatives from the Kitsap Humane
Society presented the recommendations to the City Council and the City Council directed
staff to prepare an ordinance to adopt the Kitsap Humane Society's recommendations;
and
WHEREAS, on June 11, 2019, the City Council first considered and discussed
proposed Ordinance No. 2019-13.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Subsection 6.04.010.6 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
6 "Animal -eseue leag ie Animal welfare or anization" means any association or
nonprofit corporation which routinely obtains unwanted dogs or 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.
Section 2. Subsection 6.04.050.F of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
F. Hearing Before Director of Animal Control or Designee. Upon
receiving the written notice of appeal, the director of animal control, or her
or his designee. 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 or her or his designee, 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.
Section 3. Section 6.04.050 of the Bainbridge Island Municipal Code is hereby amended
to include a new Subsection 6.04.050.L to read as follows:
L. Reconsideration of Potentially Dangerous Animal Declaration.
1. No sooner than 24 months from the date that the animal was declared to
be potentially dangerous, any owner of a potentially dangerous animal
may request that the animal control authority reconsider the potentially
dangerous animal declaration. Such a request shall be submitted in writing
to the animal control authority and shall include facts and the specific
steps that the owner has taken to effectively and safely manage the animal.
Within 60 days of the request, the animal control authority shall respond
to the owner in writing and take one of the following actions:
a. Deny the request for reconsideration; or
b. Rescind the potentially dangerous animal declaration; or
c. Reclassify the potentially dangerous animal to a different level,
as described in BIMC 6.04.050.A.
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2. A owner of a potentially dangerous animal cannot make a request under
BIMC 6.04.050.L.1 more than once every 12 months.
3. The animal control authority may, on its own initiative, rescind a
potentially dangerous animal declaration for good cause.
Section 4. Subsection 6.04.053.A of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
A. �,;�Failure to Control an. Animal Declared Potentially Danizerous.
1. Misdemeanor. When an animal has been declared potentially dangerous
pursuant to BIMC 6.04.050 the owner of the potentially dangerous animal
shall be f;uilty_of a misdemeanor in accordance with BIMC 6.04.140, if
such animal is thereafter found:
a. At large
b. To have, when unprovoked, inflicted a bite upon a humagpet
or livestock either on ublic or rivate ro ert
c. To have chased or approached a person upon the streets,.
sidewalks or any other ublic grounds in such a manner as to
signif ca.ntly�threaten the safety of humans, pets, or livestock; or
d. To have caused injury to or otherwise threatened the safet of
humans, pets, or livestock.
This section shall not,preclude immediate criminal prosecution under
RCW 16.08.100 in a first bite situation causi ig severe injury or death of
AW human.
2. Failure on the part of any owner of a potentially dangerous animal to
abide by the restraints placed uipon the owners or their animal by the
animal control authority or municipal court may result in impoundment of
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a-1 .�
NO. -
2. Failure on the part of any owner of a potentially dangerous animal to
abide by the restraints placed uipon the owners or their animal by the
animal control authority or municipal court may result in impoundment of
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the potentially dangerous animal by the animal control authority pursuant
to Chapter 6.12 BIMC.
Section 5. Subsection 6.04.053.F of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
F. Hearing Before Director of Animal Control or Designee. Upon receiving the
written notice of appeal, the director of animal control. or her or his designee.
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. or her or his desi nee 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.
Section 6. Chapter 6.04 of the Bainbridge Island Municipal Code is hereby amended to
include a new Section 6.04.065 to read as follows:
6.04.065 Animal bites.
A. It is unlawful to own a pet that bites a person while such person is on
public property or lawfully on private property.
B. For the purposes of this section, the term "pet" means any animal
maintained by a person or entity for the primary purpose of personal
enjoyment, exhibition, companionship, or service including, but not
limited to, domesticated animals, such as cats and dogs, and non -
domesticated animals suitable to living in companionship with humans,
such as some birds and mammals.
Section 7. Chapter 6.04 of the Bainbridge Island Municipal Code is hereby amended to
include a new Section 6.04.085 to read as follows:
6.04.085 Pets Chasing Livestock.
A. It is unlawful for any owner of a pet to permit that animal to harass or
chase another owner's livestock, when not engaged in the specific work of
herding approved by the owner of the livestock.
B. For the purposes of this section, the term "pet" shall have the same
meaning as provided in BIMC 6.04.065.B.
C. For the purposes of this section, the term "livestock" means animals
including, but not limited to, all equine (horse, mule), bovine (cattle),
porcine (swine), caprine (goats), ovine (sheep), camelid (camel, llama,
alpaca), ratitae (ostrich, emu, rhea), domesticated poultry, game birds and
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waterfowl (as authorized by the state of Washington), or federally
permitted fowl and other pen raised fowl, or other animals raised primarily
for use as food or fiber for human utilization or consumption.
Section 8. Section 6.04.113 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
6.04.113 Selling animals from puppy or kitten mills prohibited.
A. Definitions. To supplement the definitions found at BIMC 6.04.010, for the
purposes of this section the following words shall have the following meanings
unless the context indicates otherwise. If there is a conflict between a definition in
this section and a definition in BIMC 6.04.010, the definition in this section shall
control for the purposes of this section:
1. "Offer for sale" means to sell, offer for sale or adoption, advertise for
the sale of, barter, auction, give away, or otherwise dispose of a dog or cat.
2. "Pet shop" means a retail establishment where dogs and cats are sold,
exchanged, bartered, or offered for sale as pet animals to the general
public at retail. Such definition shall not include an animal shelter or
r g ,$, ; animal welfare organization.
B. Restrictions on the Sale of Animals.
1. A pet shop may offer for sale only those dogs and cats that the pet shop
has obtained from or displays in cooperation with an animal shelter or an
animal r-eseee4ea#ae animal welfare or anization.
2. A pet shop shall not offer for sale a dog or cat that is younger than eight
weeks old.
C. Record Keeping and Disclosure. A pet shop shall maintain records stating the
name and address of the animal shelter or animal welfare
organization that each cat or dog was obtained from for at least two years
following the date of acquisition. Such records shall be made available,
immediately upon request, to the city or animal control authority. Each pet shop
shall display on each cage a label stating the name and address of the animal
shelter or animal ..ese ie lea % animal welfare or anization of each animal kept in
the cage.
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Section 9. Chapter 6.04 of the Bainbridge Island Municipal Code is hereby
amended to include a new Section 6.04.127 to read as follows:
6.04.127 Failure to Provide Adequate Care.
A. It is unlawful for any owner of a pet or livestock to fail to:
1. Provide adequate food and water for any pet or livestock.
2. Provide adequate shelter for any pet or livestock, except as may
be appropriate for short term medical requirements or generally
accepted livestock husbandry practices such as swine farrowing;
3. Provide appropriate habitat and medical care; or
4. Maintain facilities housing pets in a healthful, sanitary, and safe
manner.
B. For the purposes of this section, the term "pet" shall have the same
meaning as provided in BIMC 6.04.065.B.
C. For the purposes of this section, the term "livestock" shall have the
same meaning as provided in BIMC 6.04.085.C.
Section 10. Chapter 6.04 of the Bainbridge Island Municipal Code is hereby
amended to include a new Section 6.04.128 to read as follows:
6.0.4.128 Sale, Barter, or Other Transfer of Pets in Public Places
A. It is unlawful to sell, barter, or otherwise transfer for the purpose of -
changing ownership any pet in an area open to the public, except sales or
transfers of pets by an animal welfare organization or by an animal shelter.
B. For the purposes of this section, the term "pet" shall have the same
meaning as provided in BIMC 6.04.065.B.
Section 11. Section 6.08.010 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
6.08.010 License — Required for dogs — Optional for cats.
To facilitate reuniting dogs pets with their owners, it is unlawful for any
person to own, keeps 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 er est
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.
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Section 12. Subsection 6.08.032.J of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
J. Exemption. An anirnal Feseue leapeanimal welfare organization foster
home which has been issued a permit under BIMC 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.
Section 13. Subsections 6.08.034.A and B of the Bainbridge Island Municipal Code are
hereby amended to read as follows:
A. Permit Required. 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 ,.~:mal . �...,.. 4s.,gue animal welfare organization.
B. Standards. The animal control authority shall establish standards for
foster homes and shall consider recommendations for such standards
submitted by an aniffW-fesetie leagueanimal welfare or anization
operating in the city.
Section 14. Section 6.08.090 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
6.08.090 Violation — Penalty.
A. eanviefien ,
be fined in a « .t to e?Ez.�.rue a &1Q0 nn Ani person
w
violatingany of the provisions of this chapter shall be guilty of a Class 1
civil infraction under RC W 7.80.120 and shall upon conviction be fined
in an amount not to exceed $250.00.
B. In addition to an civil penally that may be im osed,A,nyM 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.
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Section 15. Section 6.12.050 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
6.12.050 Redemption of a licensed dogor
A. The owner of a licensed dog or cater or ,,,her ani " impounded
pursuant to this chapter may redeem the licensed dog or cat og t
etheF animal within 96 hours seven days 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 licensed dog or cat do e"` nr- ether-""' ==alm is not
redeemed by the owner within96 s seven days of the time of
impoundment, the licensed dog or cat , may be
adopted by another person or euthanized.
Section 16. Chapter 6.12 of the Bainbridge Island Municipal Code is hereby
amended to include a new Section 6.12.055 to read as follows:
6.12.055 Redemption of an unlicensed dog or cat, or other domestic
animal.
A. The owner of an unlicensed dog or cat, or other domestic animal,
impounded_ptirsuant to this -chapter may redeem the unlicensed dog or cat,
or other domestic animal, within 72 hours from the time of impounding by
paying 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 unlicensed dog or cat, or other domestic animal, is not
redeemed by the owner within 72 hours of the time of impoundment, the
unlicensed dog or cat, or other domestic animal, may be adopted by
another person or euthanized.
C. An animal so impounded which is less than two months of age may be
adopted or euthanized at any time at the discretion of the animal control
authority.
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D. If a feral cat is not redeemed within 24 hours from the time of
impounding, then the animal control authority may give or adopt the feral
cat to an animal welfare organization, animal shelter, or qualified person,
or, alternatively, euthanize the animal. For the purposes of this subsection,
"feral cat" means any cat that has no apparent owner or identification and
is apparently wild, untamed, unsocialized, unmanageable, and unable to be
approached or handled.
Section 17. Section 6.12.060 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
6.12.060 Redemption of horse, cow, goat., or other livestock dome
The owner of a horse, cow, goat., or other livestock deffiesti , anifnal
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.
Section 18. Section 6.12.070 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
6.12.070 Sale of unclaimed horse, cow, goat., or other livestock.
A-horse,_co_w,_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. As an
alternative to selling the animal at ublic auction the animal control
authority may give or adopt, the animal to an animal welfare organization,
animal shelter, ar ualifed erson or. alternative., may euthanize the
animal.
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Section 19. Section 6.04.140 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
6.04.140 Violation — Penalty.
A. In addition to any civil penalty that may be im osed 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 misdemeanor and upon conviction thereof shall be punished by a fine not to
exceed $1000 or by imprisonment of not more than 90 da s for a period not to
emeeea e e .,of, 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 Class 1
civil infraction under RCW 7.80.120; and shall, upon conviction, shall be fined in
an amount not to exceed $250.00."-.--;, ,
, , n - -- i F
6.n^ a...-.-- --.1_._----
Section 20. This ordinance shall take effect and be in force five (5) days from its passage
and publication as required by law.
PASSED by the City Council this 25th day of June, 2019.
APPROVED by the Mayor this 25th day of June, 2019.
di LcsliG $c,lnne�der, 1 vi`
ATTEST/AUTHENTICATE:
Christine Brown, ity Clerk
FILED WITH THE CITY CLERK: June 7, 2019
PASSED BY THE CITY COUNCIL: June 25, 2019
PUBLISHED: June 28, 2019
EFFECTIVE DATE: July 3, 2019
ORDINANCE NUMBER: 2019-13
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