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HomeMy WebLinkAbout04 84�M -)- 24 b/ I I I 'I r ORDINANCE NO. 4-84 EAST JEFFERSON COUNTY ANIMAL RESPONSIBILITY ORDINANCE WHEREAS, RCW 16.10 gives the County Commissiopers authority to establ,.sfl a dog control zone and regulations, including licensing fees, to be enforced with- in the zone; and WHEREAS, the public health, safety and welfare require the licensing of dogs I and control of dogs within the dog control zone. NOW, THEREFORE, IT .1 T S HEREBY ORDAINED BY THE JEFFERSON COUNTY BOARD OF COMM! S S ION ERS AS 1i014LOWS: Section 1, Dog e�()Dtrol zone established. A county wide dog control zone is established, including the following territory: All unincorporated areas within East Jefferson County, Washington. Section 2. Definitions, In construing the provisions of this chapter, except where otherwise plainly declared or clearly apparent from the context, words used herein shall be given their common and ordinary meaning, in addition, the following definitions shall apply: (1) "Adult dog" is one of either sex altered or unaltered, that has reached the age of Six months:, (2) "At large" -,means off the premises of the owner or keeper and not under restraint by leash or chain or not otherwise controlled by a competent person; (3) "Domeslicated anirnal" means domestic dogs and cats, (4) "Infraction" means a violation of any of the provisions of this ordinance. (5) "Kennel" means a place where five or more adult dogs are kept: (a) "Hobby Kennel" means a noncommercial kennel at or adjoining a private residence where adult dogs are kept for purposes other than breeding as a primary interest, Such as for hunting or organized field trials, obedi- ence or confirmation competition. (b) "Commercial Kennel" means a kennel where adult dogs are boarded, bred or trained for compensation, but not including a small animal hospital or clinic, pet shop or shelter, (6) "Livestock": Refer to State Regulations R.( -.11,W. 16.12 - 16.20. (7) "Owner" means any person, firm, corporation, organizations or department having an interest in, or having control or custody or possession of any domesticated animal. (8) "Person" includes any person, partnership, corporation, trust or association nf persons: (9) "Packs of dogs" meax)s a group of two or more dogs running upon either public or private property not that of its owner or in a state in which either its -1 N - "A control or ownership is in doubt or cannot readily be ascertained, and when such dogs are not restrained or controlled. (10) "Under Control" means the animal, while off of a leash and/or off the owner's premises, is under voice and/or signal control so as to be thereby restrained from approaching any bystander or other animal and from causing or being the cause of physical property damage. (11) "Vicious" means the propensity to do any act that might endanger the safety of any person, animal or property of another, including, but not limited to, a disposition to mischief or fierceness as might occasionally lead to attack on human beings without provocation. Section 3. Impounding. All impounding of animals as provided for in this ordinance shall be done by the Sheriff or the authorized agent of Jefferson County. Animals shall be impounded in that pound authorized by the County. Section 4. Enforcement. Whenever a power is granted to or a duty imposed upon the Sheriff, that power may be exercised or the duty performed by a Commissioned Deputy Sheriff or by a specially Commissioned Deputy Sheriff. Section 5. Running at large on public property. It is unlawful for the owner or person having control of any domesticated animal to suffer or permit it, whether licensed or not, to run at large in any park, or to enter any public beach, pond, fountain or stream therein, or upon any public playground or school ground or in any public building. Any animal so straying, entering or trespass- ing upon such property is declared to be a nuisance and shall be immediately seized and impounded; provided that this section shall not prohibit a person from walking or exercising an animal in a public park or on a public beach when such an animal is on leash, or under control by a competent person,and proper safe- guards are taken to protect the public and property from injury or damage from the animal. Section 6. Female in heat. It is unlawful for any owner to keep a female domesticated animal, whether licensed or not, while in heat, under circum- stances where the animal is accessible to other animals except for purposes of controlled and planned breeding. Any such animal, while in heat, accessible to other animals is a nuisance and may be immediately seized and impounded. Section 7. Harboring vicious or dangerous domesticated animal. It is unlawful for any owner to keep, harbor or maintain on or off the owner's premises in a manner liable to endanger the safety of persons or property lawfully upon the premises, or upon any street, avenue, alley, public or private place, or to allow to run at large within the unincorporated area of East Jefferson County, any vicious, menacing or dangerous animal with vicious propensities. Any such animal is a nuisance and may be immediately seized and impounded. At a hearing contesting determination of infraction of this section or a mitigation hearing, the court, as a part of the penalty imposed, may determine in its judgment whether or not the animal is vicious or dangerous and whether or not it shall be destroyed or otherwise disposed of. The cost thereof shall be taxed as a part of and collected in the same manner as other costs in the case. (2) Vk 10 aGz O 1 197 Section 8. Howling and barking. It is unlawful for an owner to keep or harbor any animal which, by frequent or habitual howling, yelping, barking or the making of other noises, annoys or disturbs any person. Any such animal is deemed a nuisance and may be seized and impounded. Section 9. Injury to property. It is unlawful for any owner to suffer or permit any dog to trespass on private or public property so as to damage or destroy any property or thing of value. The same is a nuisance and any such animal may be seized and impounded. Section 10. Chasing vehicles. It is unlawful for any owner or keeper to suffer or permit any dog to in any manner obstruct, chase, run after or jump at vehicles lawfully using the public streets, avenues, alleys and ways the same is a nuisance and any such dog may be seized and impounded. Section 11. Jumping and barking at pedestrians. It is unlawful for any owner to keep or harbor without restraint or confinement any dog that frequently or habitually snarls and growls at or snaps or jumps upon or threatens persons lawfully upon the public sidewalks, streets, alleys or public places. The same is a nuisance and any such dog may be seized and impounded. Section 12. Running in packs. It is unlawful for an owner to suffer or permit any dog to run in a pack. The same is a nuisance and any such dog may be seized and impounded. Section 13. Stray animal. Any stray domesticated animal running at large in the County is a nuisance, and may be seized and impounded. For the purpose of this section, "stray" means any domesticated animal loitering in a neighborhood or public place without an apparent owner or home. The pound master may request that a person requesting impoundment under this section first apprehend and secure such animal, provided that the animal does not appear vicious or diseased. Section 14. Giving notice of releasing stray. It shall be the duty of each person who shall take into his possession any stray animal not placed in his possession by the person having lawful ownership, custody or control thereof, at once to notify the Sheriff or the impounding authority. It is unlawful to refuse to release such animal to the Sheriff, his, Deputy or the impounding authority upon demand and without charge. Section 15. Injured or diseased animals. Any animal suffering from serious injury or disease may be destroyed by the impounding authority; provided, that the impounding authority shall notify the owner prior to destruction, if the owner is know and if the owner is unknown, make all reasonable efforts to locate and notify the owner, prior to destruction. Reasonable Veterinary consultation and treatment may be acquired at discretion of impounding officer. (3) VOL 10 YA"= '� 1198 Section 16. Quarantine. Any animal that bites or otherwise breaks the skin of any person, regardless of whether that person be on public or private property, may be impounded and quarantined for at least ten (10) days to determine whether the animal is infected with any disease that may have been transmitted to the victim. If approved by the impounding authority, the owner or keeper may quarantine the animal on his/her premises. It is a violation of this ordinance to refuse required quarantine of an animal which has broken the skin of any person. Kennel fees for the quarantine period are to be paid by the owner of the animal and release of the animal is conditioned upon payment of these fees. Ownerless animals shall be humanely destroyed and referred to the local Health Department for analysis. Section 17. Impound Agency. Interlocal agreement between Jefferson County and the City of Port Townsend shall appoint and declare the official pound master of Jefferson County. Section 18. Pound master -- duties. The pound master shall impound all animals subject to impounding as prescribed by County Ordinance, and such animals shall be provided with proper care, feed and water while confined. The pound master shall collect and dispose of all dead animals found on public lands in the unincorporated areas of East Jefferson County, and if the owner is known a reason- able fee may be collected therefrom for such services. Section 19. Pound master employees. Designated employees of the pound master over the age of twenty-one (21) years may be made a special Deputy Sheriff and charged with the duty of enforcing all ordinances of Jefferson County and statutes of the State of Washington relating to the care, treatment, control, impounding and licensing of animals. A special Deputy Sheriff commission shall be issued to such employees by, and at the discretion of, the Sheriff, of Jeffer- son County and may be revoked at the will of the Sheriff, and when so revoked, such appointment shall cease and be null and void. Section 20. Notice of impounding. When any animal is impounded under the provisions of this ordinance, the impounding authority shall as soon as feasi- ble notify the owner, if the owner is known, of such impoundment and the terms upon which the animal can be redeemed. If the owner of the animal so impounded is unknown, then the impounding authority shall make all reasonable efforts to locate and notify the owner of the impounding of the animal. Any animal so impounded shall be held for the owner at least five (5) days. Section 21. Redemption of animal. (1) The owner of any animal, which is impounded, may redeem it subject to the following conditions: (a) Payment of a impound fee (see fee schedule) together with any unpaid license fee if the animal is a dog; (b) Payment of a fee (see fee schedule) per day or part thereof for board of the animal during the impound period. (4) vrn` 10 Fac! 0' 1JL99 (2) If said animal is not redeemed by the owner within five (5) days, the impounding authority, after complying with Section 20 of this ordinance, may take the following action: (a) Hold the animal for an additional length of time for the owner; (b) Sell the animal as a pet to another person; or (c) Destroy or otherwise dispose of the animal. (3) If the animal is diseased such as to be an imminent threat to the public health or other animals, the animal may be immediately destroyed; provided the pound master has made a reasonable attempt to locate and notify the owner. Veterinary consultation at the discretion of the pound master. Section 22. Interference with impounding. Any person who interferes with, hinders, delays or impedes any officer in enforcement of the impounding provisions of this ordinance commits a violation punishable as provided in Sec- tion 38 of this ordinance. Section 23. Dog licenses required. It is unlawful for any person to own, keep or have control of any dog over the age of six (6) months in the unin- corporated area of East Jefferson County unless said person, firm, corporation, organization or department has procured a license therefor as provided in this ordinance. Section 24. Dog license fee. The following fees shall be paid for licenses under this ordinance: For each dog spayed or neutered (upon proof of spaying or neutering) see fee schedule. For each dog not spayed or neutered (see fee schedule). Provided, that licenses and tags shall be provided free of charge by Jeffer- son County to hearing aid dogs properly trained to assist the hearing impaired and to guide dogs properly trained to assist blind persons when such dogs are actually being used to assist the hearing impaired or blind person in the home or in going from place to place; to dogs being currently trained for such purposes in a school or program approved or accredited by a professional organization or association, either for profit or not for profit; and to young dogs being raised, to be trained on reaching maturity as guide dogs, under the 4-H program know as "Guide Dogs for the Blind." Licensing agents, in writing such licenses, shall insert the words "Hearing Aid" or "Guide Dog" in the space allotted for, and in place of, a stated fee. Section 25. Date due. All dog licenses shall be due and payable the first day of January each year. If the license fee provided for is not paid on or before February 28 of each year, the applicant shall pay a penalty fee (see fee schedule) for each license in addition to the regular fee as stated in the fee schedule; provided, the applicant shall not pay the penalty fee: (1) The owner has been a resident of Jefferson County for thirty (30) days or less or (5) Yk 10 at= a o (2) The owner has owned, kept or been in control of the dog for thirty (30) days or less or the dog, at the time of application for license, is less than six (6) months of age. Section 26. Issuance of licenses. It shall be the duty of the County Auditor, his appointee, or authorized agent appointed by the Board of County Commissioners, to issue licenses to persons applying therefor upon payment of the license fee as provided in Section 27 and to issue a tag for each dog licensed. The license shall be dated and numbered and shall bear the name of Jefferson County, Washington, the name and address of the owner or keeper of the dog licensed, the name of the dog, and a description of the dog, including its age and sex. The tag shall bear the name of Jefferson County, Washington, a serial number corresponding with the number of the license, and the date of expiration. It shall be the duty of every owner or keeper of a dog to keep a substantial collar on the dog and attached firmly thereto the license tag for the current year; provided, that this provision shall not be maintained to apply to a hunting dog in a controlled hunt by a competent person or to show dogs on the show grounds or to dogs engaged in formal obedience training. As an alternative to a license tag, an animal may be identified as licensed by being tattooed on its inside ear or on its inside thigh or groin with a permanent license number approved and on file with the animal licensing agent. The Impounding Agent and its employees are authorized agents of the County Auditor for purposes of selling dog and kennel licenses. Section 27. Date of issuance. Dog licenses shall be made available to applicants on December 1 of each year for the following yearly period as defined in Section 27. Dogs wearing expired licenses may be seized and impounded. Section 28. Licenses nontransferable. Dog licenses as provided in this ordinance shall not be transferable from one dog to another; provided, that noth- ing contained in this section shall be construed to prevent a license being trans- ferred from one owner to another. Section 29. Lost tags. Lost tags may be replaced by a substitute iden- tification tag upon payment of a fee as provided in the fee schedule, to the County Auditor, his appointee or his authorized agent. Section 30. Unlawful to remove license tag. It is unlawful for any person other than the owner or keeper to remove a license tag from any dog licensed under the provisions of this ordinance. Section 31. Unlicensed dog -- impoundment. All dogs not licensed under this ordinance, or which do not exhibit the license identification tag as hereinabove provided, are in violation of this ordinance and may be seized and impounded. this ordinance, or which do not exhibit the license identification tag as in; vo� 10 Fars 1140 "01 Section 32. Dog kennel license. It is unlawful for any person to own, maintain or operate a kennel in the unincorporated area of East Jefferson County unless said person has procured a kennel license. Kennel licenses shall be all be issued by the County Auditor, his appointee, or his authorized agent. Section 33. Individual kennel license tag. At the time the kennel license is issued, the person shall also be issued an individual kennel license tag for each dog kept in the kennel. (See fee schedule). This tag shall bear the same number as the kennel license. Individual kennel license tags shall not be issued for individual dogs boarded on a limited time basis at a recognized boarding kennel. Section 34. Kennel license fee and date due. (1) Commercial Kennel. A fee shall be paid for a commercial kennel license under this ordinance (see fee schedule). (a) A flat fee (see fee schedule) regardless of the size of the kennel opera- tion. All kennel licenses granted under this ordinance shall be due and payable the first day of January of each year. If the kennel license fee is not paid on or before February 28 of each year, the applicant shall pay a penalty fee. (See fee schedule) in addition to the regular fee as stated above; provided, the applicant shall not pay the penalty fee if the applicant has owned, maintained or operated a kennel for one (1) month or less. (b) No kennel license shall be issued without the applicant first obtaining written authorization for such kennel from the Jefferson County Planning Department, and presenting such authorization to the licensing agent at the time of applying for the kennel license. Such written authorization shall not be required in subsequent years unless the location of the kennel has changed. (2) Hobby kennels. A fee shall be paid for a hobby kennel license as stated in the fee schedule unless the owner licenses each individual dog. This fee shall be payable the first day of January of each year. If the kennel license fee is not paid on or before February 28 of each year, the applicant shall pay a penalty fee (see fee schedule) for each kennel license in addition to the regular fees as stated in the fee schedule, provided, the applicant shall not pay the penalty fee if the applicant has owned, maintained or operated a kennel for one (1) month or less. Section 35. Kennel inspection. Prior to the issuance of a kennel license, or the yearly renewal of same, the Jefferson County Sheriff or his authorized agent may, between the hours of 9 a.m. and 5 p.m., upon notice, enter the premises of the applicant and make a personal inspection to ascertain the number of dogs maintained by the applicant, to determine if the applicant has proper facilities to maintain and care for such dogs and to determine if the applicant is providing said dogs with the necessary sustenance and drink. Entry for such inspection shall not constitute a trespass. Upon issuance of the kennel license, the premises of the licensee may be subject to inspection upon the same conditions as above, for the reasons stated in this section. (7) vtc 10 Fuc_ 0 1202 Section 36. Violations -- penalty. Any person, who violates any provi- sions of this ordinance shall incur a civil penalty. The penalty for the first violation shall be as listed in the fee schedule. This penalty shall not be suspended or deferred. The penalty for a second violation of the same section of this ordinance shall as listed in the fee schedule. The penalty for a third violation of the same section of this ordinance is also listed in the fee sched- ule. The penalties for second and third violation or any portion of those penal- ties may be reduced, suspended or deferred in the discretion of the Court. For each violation of a continuing nature, each day shall constitute a separate offense. A notice of infraction may be issued by the Sheriff, a commissioned Deputy Sheriff or by a specially commissioned Deputy Sheriff. Section 37. Violations -- abatement. Any person violating any of the provisions of this ordinance in the keeping or maintenance of any nuisance as defined in this ordinance may, in addition to the penalty provided for in Section 38, be ordered, by the Court in such action, to forthwith abate and remove such nuisance. If the same is not done by the owner or keeper within a reasonable amount of time as determined by the Court, the same shall be abated and removed under under the direction of any officer authorized by the order of the Court. If a person who has been issued a notice of infraction elects not to request a hearing, Jefferson County may request a hearing for the purpose of determining whether an order of abatement should issue. When such nuisance has been abated by any officer or authorized agent of Jefferson County the costs and expenses shall be taxed as part of the costs of the action against the party. In all cases where an officer is authorized by the Court to abate any such nuisance, he shall keep an account of all expenses atten- ding such abatement. In addition to other powers herein given to collect such costs and expenses, Jefferson County may bring suit for the same in Court of competent jurisdiction against the person keeping or maintaining the nuisance so abated. Section 38. :Notice of infraction. (1) A notice of infraction represents a determination that violation has been committed. The determination will be final unless contested as provided in this ordinance. (2) A Washington Uniform Court Docket Citation may be used as the form for the notice of infraction and shall include the following: (a) A statement that the notice represents a determination that an infrac- tion has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this ordin- ance; (b) A statement that an infraction is a non -criminal offense for which imprisonment may not be imposed as a sanction; (c) A statement of the specific infraction for which the notice was issued; (d) A statement of the monetary penalty established for the infraction; (e) A statement of the options provided in this ordinance for responding to the notice and the procedures necessary to exercise these options; (8) .VOL 10 jxv -0 1203 (f) A statement that at any hearing to contest the determination the County has the burden of proving, by a preponderance of the evidence, that an infraction was committed; and that the person may subpoena witnesses including the Officer who issued the notice of infraction; (g) A statement that at any hearing requested for the purpose of examining mitigating circumstances surrounding the commission of the infraction, the person will be deemed to have committed the infraction and may not subpoena witnesses; (h) A statement, which the person shall sign, that the person promises to respond to the notice of infraction in one of the ways provided in this ordinance; (i) A statement that failure to respond to a notice of infraction as prom- ised is a misdemeanor and may be punished by a fine or imprisonment in jail. Section 39. Contesting determination of infraction. (1) Any person who receives a notice of infraction under this ordinance shall respond to such notice as provided in this section with seven (7) days of the date of the notice. (2) If the person determined to have committed the infraction does not contest the determination, the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the Court specified on the notice. Payment in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the Court's records. (3) If the person determined to have committed the infraction wishes to contest the determination, the person shall respond by completing the portion of the notice of infraction requesting the hearing the submitting it either by mail or in person to the Court specified on the notice. The Court shall notify the person in writing of the time, place and date of the hearing, and that date shall not be sooner than seven (7) days from the date of the notice, except by agreement. (4) If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the Court specified on the notice. The Court shall notify the person in writing of the time, place and date of the hearing. (5) If any person issued a notice of infraction fails to respond to the notice of infraction as provided in subsection (2) of this section, or fails to appear at a hearing requested pursuant to subsection (3) or (4) of this sec- tion, the Court shall enter an appropriate order assessing the monetary penalty prescribed for the infraction and any other penalty authorized by this ordinance. (9) VM 10 ::_ n 1204 Section 40. Hearing. (1) A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without a jury. (2) Any person subject to proceedings under this ordinance may be represented by counsel. (3) The attorney representing the County may appear in any proceeding under this chapter but need not appear, notwithstanding any rule of Court to the contrary. (4) The officer who issued the notice must appear at such hearing, and may sub- poena witnesses. The person named in the notice may subpoena witnesses, including the officer, and also has the right to present evidence and examine witnesses present in court. (5) The burden of proof is upon the State to establish a commission of the infraction by a preponderance of the evidence. (6) After consideration of the evidence and argument, the Court shall determine whether the infraction was committed. Where it has not been established that the infraction was committed an order dismissing the notice shall be entered in the Court's records. Where it has been established that the infraction was committed an appropriate order shall be entered in the Court's records. (7) An appeal from the Court's determination or order shall be to the Superior Court. Such appeal shall be taken in accordance with the Justice Court Civil Rules. The decision of the Superior Court is subject only to discre- tionary review pursuant to Rule 2.3 of the rules of appellate procedure. Section 41. Failure to respond to notice of infraction. There shall be a penalty (see fee schedule) for failure to respond to a notice of infraction of failure to pay a monetary penalty imposed pursuant to this ordinance. Section 42. Payment of penalty. Whenever a monetary penalty is imposed by a Court under this ordinance it is due immediately and to be made payable to the Clerk of the Court. If a person is unable to pay at that time, the Court may, in its discretion, grant an extension of the period in which the penalty may be paid. All penalties collected by the Court shall be remitted to the County Treasurer. Section 43. Fees collected. All fees and fines collected under this ordinance shall be deposited in the County current expense fund. Section 44. Severability. If any provision of this ordinance, or its application to any person or circumstances is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected, and to this end the provisions of this title are declared to be severable. Section 45. Effective date. This ordinance shall be in full force and effect April 16, 1984. (10) VOL IU fALF all '! " ' S Section 46. Fee Schedule. These fees are payable annually on or before February 28. (For the year 1984 only, fees will be charged at one-half (1/2) of the scheduled annual fee, prior to July 1.) Dog Licensing: For each dog spayed or neutered 5.00 (upon proof of spaying or neutering) For each dog not spayed or neutered 10.00 Replacement for lost tag 1.00 Kennel Licensing: Commercial Kennel License 30.00 Hobby Kennel License (ten (10) adult dogs or fewer) 30.00 Hobby Kennel License (ten (10) adult dogs or fraction thereof) 30.00 Penalties: Dog license not paid by February 28. Spayed and neutered 10.00 :Von -spayed and non -neutered 15.00 Commercial Kennel License not paid by February 28 40.00 Hobby Kennel License not paid by February 28. 40.00 Violations: First violation 10.00 Second violation 20.00 Third violation 30.00 Failure to respond to notice of infraction 25.00 Impound Fees: Redemption from impound 10.00 (Redemption fee for a dog will include the unpaid license fee) Daily boarding fee for impound (or partial day) 3.00 Section 47. Adopted. EAST JEFFERSON COUNLY ANIMAL EPO SIBILITY ORDINANCE is hereby passed and adopted this day of 1984. BOARD OF COMMISSIONERS JEFFERSON COUNTY, WASHINGTON A.M. O'Meara, Chairman w/ B.G. Brown, Member r � AA. � +i r+ John L. Pitts, Member SEAL: ATTEST: dine C. Bragg,; .; Clerk of the Board Approved as to form: VOL 0tz 0 ? i Bill and Carol Duesing 2541 -Bee Mill Road Brinnon, WA 98320 Feb. 3, 1984 Mr. B.G. Brown Jefferson County Commissioner Court House Port Townsend, WA 98368 Dear Mr. Brown: This is to register our opposition to the proposed Jefferson County Animal Control Ordinance. It will be mostly a Levy Ordinance. We request you leave Animal Control as it is now. A dog chasing deer, cows, chickens, geese, etc.usually loses his head pretty fast now and the Sheriffs Dept. has done a fair job of-handleing animal prob- lems. We know that most people living here do a responsible job of caring for their animals, especially watch dogs. Most of the loose animals I've seen in the Brinnon area belong to tourists who go to public beaches. The responsibility of animal control belongs to whoever creates the problem, which is the Dept. of Natural Resources. Dept. of Fisheries, State Parks, Forest Service Parks, Jefferson County Parks and National Park Service. We have all of these parks and beaches in this area. The State Parks and National Park do a good job of animal control in thier areas, the others I men- tioned -do not do a good job. Once again westrongljr urge you to leave Animal Control out in the County as it is now. Sincerely, Bill � , !K Carol Duesing r 10 2414 "00ar�.. JEFFERSON COUNTY COURTHOUSE NATIONAL HISTORIC SITE PORT TOWNSEND, WASHINGTON Jefferson County BOARD OF COUNTY COMMISSIONERS Port Townsend, Washington 98368 • Phone (206) 385.2016 A.M. O'MEARA, DISTRICT 1 B.G. BROWN, DISTRICT 2 JOHN L. PITTS, DISTRICT 3 April 20, 1984 Enclosed is a copy of the recently adopted East Jefferson County Animal Responsibility Ordinance. We would appreciate you making this copy available to the public. Dog licenses are now being required and the fee schedule is on page 11. These licenses may be purchased at the Jefferson County Auditor's Office in the Courthouse or from Bayshore Enterprises, Inc. The fees will be half what is listed until July 1, 1984. If you have any questions or are asked a question you cannot find an answer for in the Ordinance, please call this office, the Auditor's office at 385-2161 or Bayshore Enterprises, Inc. at 385-3292. Thank you for your assistance in this matter. JCB/ld Lcerely, J? rdine C. Bragg Clerk of the Board 10 FAGS 0 312. JOHN C. ILLMAN 23DO EAST MARROWSTONE ROAD NORDLAND, WASH. 98358 February 15, 1984 Jefferson County Commissioners Court House Port Townsend, WA 98368 Gentlemen: c1EFFERSON COUNTY BOARD OF CO.MMISSIONE"r I would like to offer the following personal comments on how the proposed Animal Control Ordinance fits the Marrowstone Island Community Development Plan, and, by extension, the whole county. The Plan very strongly states that agriculture is one of the most preferred activities for the Island. Agriculture implies livestock and poultry. These creatures will at times make noises and odors, but only under extreme circumstances should such "nuisances" be considered a just cause for complaint or any prosecution of the owner. The Plan suggests that control of dogs be considered, and this seems desirable. For example, dogs should not be permitted to run deer or livestock, tip over ga-bbage cans or attack the public except under strictly defined circumstances as watch or guard dogs. As presently worded, the Ordinance does not distinguish ade- quately between dogs and farm animals, and makes the latter subject to the same regulations as those for dogs. Owners of both types of animals must be required to keep them contr&lied in a responsible manner, and an Ordinance to require this is needed, but it should consider the rural, agricultural nature of the county, and be less restricting of farm animals. Yours very truly, f 536 _..___.�_q..__..__.__ __ .�._ �____.��.:�._______ _.._�._ _ �._.__._�_ _.__r.� - __.._.___._ _ - ----- .. - .. t FEB 2 11984 c��p�nM ^� �g1EFFERSOFI COUNTY BOARB Of COMMISSIONERS ivoL VOL 10 FAQ 494 .voL io va fl.-- 495 .41 llc Sr .k.. '�� � �✓1'✓c!''; J �, y .�" �i �� " ��� '" r -"�/ y- .r �,'T.�'--e� rte` -"fir✓ ' 6x''.fL.. ..�-�.-'� ✓�6`-{�"�L.,i_ ..?iC..t'.�rc=i 2"'-L�, .•G' -r._ y ,: ' fii' �. �1 LC- ��` ` I `' 4„.+. � -fi-� �,, � �-r�C'!� '�` : �Lt" l ,1(rf � ,-x'%�-�'�` ``��� r r s r 'Z ,� 10 Fay=_ �'Q 496 EVOL 10 Face f f 497 cc.: 4eardc l INSY NOTICE OF PUBLIC HEARING PROPOSED ORDINANCE FOR EAST JEFFERSON COUNTY ANTMAL RESPONSTBTLITY NOTICE IS FTUEMEBY G`.`v'E`lLT that the Jefferson County Board of Commissioners will hold a public hearing on Monday February 6, 1984, at the hour of 10:30 a.m., in the Commissioners' Chambers, Jefferson County Court- house, Port Townsend, Washington, for the purpose of taking written and/or_ oral testimony from all interested persons on the proposed establishment of regulations for animal control within East Jefferson County. Any interested person may appear at that time and place, `o submit evidence for or against the adoption of said Ordinance. Information pertaining to the proposed Ordinance and copies thereof may be obtained from the Jefferson County Commissioners' Office. Upon adoption of the said Ordinance, notice will be given regarding licensing requirements. The proposed East Jefferson County Animal Responsibility Ordinance is as follows: DATED this q t day of January, 1984. JEFFERSON COUNTY BOARD OF COMMTSSIONERS . n7Y CnO 91 p t. ' Mea , air_man ►,'�,.�:B.G. Brown, Member SEAL: o �nL. itts, Member ATTEST: Lz", l r ine g C erk of the Boa ANIMAL CONTROL AGREEMENT AN AGREEMENT by which Bayshore Enterprises, a non-profit corporation hereinafter referred to as "Contractor", agrees to operate the Port Townsend animal control shelter and provide certain animal control services to the City of Port Townsend, hereinafter referred to as "City," and Jefferson County, hereinafter referred to as "County," for the stated consideration and in accordance with the terms and conditions provided herein and setting forth the rights and responsibilities of the parties. WHEREAS, the City has assumed certain animal control responsibil- ities within the corporate limits of Port Townsend pursuant to the provisions of Title 8 of the Port Townsend Municipal Code; and WHEREAS, Jefferson County has assumed certain animal control responsibilities within the unincorporated areas of Jefferson County; and WHEREAS, neither public entity -has sufficient permanent staff to satisfactorily provide the services required; and WHEREAS, the City and County find that certain economic benefits and consistency of effort would be derived by the initiation of a joint contract between the public entities and the Contractor pursuant to RCW 39.34 (Intergovernmental Cooperation Act); and WHEREAS, the City Council of the City of Port Townsend has authorized the Mayor to negotiate -with Bayshore Enterprises for animal control services following a competitive proposal process pursuant to RCW 39.80; and WHEREAS, the Board of Commissioners of Jefferson County has determined that Bayshore Enterprises can satisfactorily provide the services required by the terms of this agreement within the unincorporated areas of Jefferson County; now, therefore, IN CONSIDERATION OF the promises contained herein, duties assumed hereunder and the rights arising hereunder, and for other good and valuable consideration, IT IS AGREED AS FOLLOWS: Section 1, OPERATION. The. -Contractor agrees to operate in the City and County's behalf the animal control facilities located on Hastings Avenue which are owned by the City and shall also provide animal control services as further described herein. Section 2, TERM OF AGREEMENT. The Contractor's obligation to perform shall commence on August 1, 1987, and terminate on - 1 - December 31, 1991; provided however, should the parties fail to come to terms on a mutually acceptable contract upon the expiration of this agreement, the Contractor shall continue to provide the services described herein on a month to month basis pending execution of a new agreement or the retention of an alternate contractor. Section 3, FACILITIRS. The Contractor agrees to operate and maintain the animal control facilities owned by the City and located on Hastings Avenue. The Contractor agrees to properly maintain -the facilities and equipment in a clean and sanitary manner and not permit any condition that would constitute a public nuisance. Section 4, DQTIRS. The Contractor agrees to act as the impounding authority for both the City and County, and shall faithfully and vigorously enforce their animal control ordinances and all applicable state laws by: A. Receiving and acting on referred telephone calls pertaining to animal control and related information. B. Investigating and following up on animal control complaints brought by the public, health services, hospitals and other governmental agencies. C. Patrolling within the corporate limits of Port Townsend to enforce compliance with City animal control ordinances and all applicable state laws. D. Receiving and caring for all dogs and cats brought to the animal control facility. R. Providing humane disposal of unclaimed animals after holding these animals no less than five days unless sickness or injury requires earlier disposal. F. Adequately providing for the disposal of the carcasses of dead animals in accordance with Section 8 of this agreement. Removing small dead animals, wild or domestic, within twenty-four hours of notification of the whereabouts of such a carcass. G. Providing rodent proof containers for storing food. H. Stocking adequate number of dog and cat traps and cat carrying cases for use by residents upon application and deposit. I. Performing all the functions necessary hereunder without allowing unsightly conditions, objectionable odors or noises in or about the animal shelter. - 2 - Section 5, HOURS OF OPERATION. The contractor agrees as a minimum duty to provide animal control services from 9:00 AM to 5:00 PM Mondays through Saturdays and shall keep the shelter facilities open to the public Mondays through Fridays, except Tuesdays, from 12:00 Noon to 4:00 PM and Saturdays from 10:00 AM to 2:00 PM. The shelter shall be closed to the public on Sundays, Tuesdays and those regular holidays on which City and County offices, are closed. Section 6, DUTY OF CARR. The Contractor agrees to give the best possible care and treatment to all animals in its custody and control by assuring that each is comfortably housed, protected from harm, and adequately fed; and by not permitting the shelter facility to become overcrowded. Section 7, LICENSING AGENT. The City and County hereby authorize the Contractor to act as their agent for the purpose of issuing animal licenses and collecting fees therefore pursuant to the terms of City and County ordinances. The Contractor is further authorized to retain all fees collected, provided that an accurate accounting is made to the City and County. The Contractor agrees to conduct an animal licensing program for both the City and County which maximizes compliance with animal. licensing requirements. Section S, LICENSING INFORMATION. The Contractor agrees to maintain a comprehensive licensing information file separately for the City and County indexed both by license number and name of owner, and to provide such information to the public upon request. Section 9, ANIMAL. RELEASE, LICENSE REQUIRED. CONSTRAINTS. The Contractor agrees not to release any unlicensed dog or cat in its custody and control until a valid City or County license has been obtained. The Contractor further agrees not to sell, transfer or release any animal to be used for research or any other use other than household pet. Section 10, CARCASS DISPOSAL. The Contractor agrees to dispose of all small dead animals in a safe and sanitary manner in compliance with applicable City, County and State laws and regulations. Disposal of large dead domestic animals is the responsibility of the animal's owner. Disposal of large dead wild animals is the responsibility of the State Game Department or, in some cases, the State Department of'Transportation. In the event that a person responsible for disposal of such animals cannot be located in a timely manner, the Contractor agrees to arrange for disposal and the costs of such disposal shall be the responsibility of either the City or County, depending upon which jurisdiction the carcass laid. - 3 - Section 11, PUBLIC EDUCATION. The Contractor agrees to conduct a continuous program of education designed to promote the proper care and treatment of animals and to stimulate public support for such treatment and for the enforcement of City and County ordinances relating to animal control. The program may include visual aids, films, slides, brochures, or other materials to be used alone or with an oral presentation. On or before October 31 of each year of this agreement, the Contractor agrees to submit to the City and County a copy of the proposed public education program for the coming year. Section 12, EMPLOYMENT. The Contractor agrees to employ at least three (3) animal control officers who shall devote at least thirty (30) hours per week on a schedule which will provide daily patrols within the corporate limits of the City of Port Townsend. The Contractor shall insure that all of its employees act in a professional and business -like manner and that no rude or unseemly actions or attitudes shall be tolerated in their day-to- day dealings with the public. The Contractor shall not discrim- inate against any employee or applicant for employment, or any other person because of race, color, religion, sex, age, or national origin. The Contractor shall take affirmative action to assure that applicants are employed and that employees are treated impartially during employment without regard to their race, color, religion, sex, age, or national origin. Section 13, TRAINING. It shall be the obligation of the Contrac- tor to provide adequate training to its employees to satisfac- torily perform the obligations of this agreement and the City and County agree to assist in such training to the degree prac- ticable. Section 14, T.TARTL.TTY AND INSURANCE. The Contractor assumes full responsibility for any and all damages which may arise from the occupancy or use of the animal control facility or in the performance of its operations, and agrees to hold the City harmless from same. The Contractor shall at all times, at its sole expense, keep in full force and effect public liability insurance protecting the City and County from any and all such claims in the amount of one million dollars or in a different amount as later may be approved by the City and County. Section 15, SURETY BONDS. The Contractor agrees to provide, at its sole expense, adequate surety bonds and/or other evidence of its financial responsibility to protect the parties to this agreement from any liability, judgement, claim and the cost of resisting same, arising out of any act or neglect on the part of any officer, employee, or agent of the Contractor. The contrac- tor agrees to cause to be bonded, at its sole expense, all of its employees and agents who in the exercise of their duties, collect and have custody of public monies. The Contractor further agrees - 4 - to save and hold the City harmless from any and all causes of action, judgments, claims, or demands, or from any liability of any nature arising out of the exercise of this agreement. Section 16, FACTL.TTY EXPENSE, T_NSURANCE. The Contractor agrees to pay all utilities, such as heat, electricity, garbage removal, water, sewer, drainage, and telephone. The Contractor further agrees to keep in full force and effect, at its sole expense, fire and theft insurance upon both the animal control facility and contents in such amount and form as prescribed by the Mayor. Section 17, LIENS NOT PERMITTED. The Contractor shall suffer no liens or encumbrances to be placed upon the animal control facility and shall make no substantial changes or alterations of the animal control facility without first having obtained the written consent of the Mayor. Section 18,. FACTI.TTTES, CTTY-COUNTY OBLIGATION. It is agreed and understood that the City and County have the obligation to provide the Contractor with adequate animal control facilities and, in the event existing facilities should be destroyed, damaged or become unavailable, it shall be the obligation of the City and County to provide adequate substitute or replacement facilities. Upon such contingency the City and County shall jointly share such costs as their respective interests disclose. Section 19, ANIMAL. CONTROL VEHICLE. The City shall provide and the Contractor shall maintain one 1983 Chevrolet van with multi - cage animal boxes, two-way radios, and other necessary animal control equipment. The Contractor further agrees to keep in full force and effect vehicle liability, personal injury and collision insurance in such amount and form as prescribed by the Mayor. The City and County agree to provide equally for the replacement of said animal control vehicle and for this purpose each agrees to place in separate reserve at least Fifteen Hundred Dollars ($1,500) each calendar year, commencing with 1988, until said vehicle is replaced or this agreement is terminated, whichever occurs earliest. - 5 - Section 20, COMPENSATION. In consideration of the services performed on behalf of the City and County during the term of this agreement, the City and County shall, subject to adjustments provided for in Section 21 of this agreement, pay.to the Contrac- tor the following amounts of money on or before the dates indicated below: DATE August 1, 1987 CITY $7,658.33 October 1, 1987 $7,050.00 January 1, 1988 5/ ® $9,016.25 April 1, 1988 $9,016.25 July 1,1988 $9,016.25 October 1, 1988 - $9,016.25 January 1, 1989 1 $9,192.00 April 1, 1989 �� $9,192.00 July 1, 1989 $9,192.00 October 1, 1989 $9,192.00 January 1, 1990 $9,349.25 April 1, 1990 $9,349.25 July 1, 1990 � �° $9,349.25 October 1, 1990 $9,349.2 January 1, 1991 $9,483.75 April 1, 1991 $9,483.75 3 July 1, 1991 $9,483.75 October 1, 1991 $9,483.75 $5,579.00 $4,125.0 $5,500.00 $5,500.00 ,Zz�Oc)o $5,500.00 $5,500.00 $6,050.00- $6050.00 050.00' $6,050.00 $6,050.00 $6,655.0 $6,655.00 $6,655.00 $6,655.0 $7,320.5 $7,320.50! ; �,'b $7,320.50 $7,320.50 The contractor shall be compensated pro rata at the last rate of compensation for services performed beyond the expiration of this agreement pursuant to Section 3. Section 21, ADJUSTMENTS TO COMPENSATION SCHEDULE. The amounts scheduled for payment to the Contractor pursuant to Section 20 of this agreement may be adjusted by *tual agreement of the parties, provided the party seeki4g such adjustments gives notice in writing to the other parties no later than October 31 of the year preceding the year in which such adjustments are sought. The basis for such adjustments may include, but need not be limited to, unforseen revenue shortage, service adjustments, or changes in fees or fee collection methods which substantially change the non -contract revenues received or expected to be received by the Contractor. Section 22, OBLIGATION TO PAY. The obligation to pay shall be the responsibility of each individual public entity and in the event one such body fails to pay, no liability shall attach to the other. Section 23, REVENUE DIVERSION PROHIBITED. No part of the funds received by the Contractor for the City or County facilities and - 6 - equipment authorized for use by the Contractor shall be used for any purpose other than in fulfillment of its obligations to the City and County as herein provided. Section 24, RECORDS. The Contractor agrees to maintain complete financial records according to commonly accepted accounting principles which are current within five working days. The Contractor further agrees to maintain a complete system of records, segregated -by City and County, which will show the number and kind of animals in its custody and for each such animal, the location where the animal was found, whether the animal was brought to the facility by the Contractor or by the owner or other person, the reasons for confinement, and the final disposition. In addition, the Contractor agrees that such records will also include the complaints and service requests received during each working shift and the time of response and final disposition of each. It is further agreed that City and/or the County may inspect or audit such records and that all records concerning any given animal shall be made available to such animal's owner upon request. Section 25, REPORTS. The Contractor agrees to submit a report at the close of each quarter to the City Clerk -Treasurer and the County Auditor containing the following information in a format agreeable to the City and County_ 1. All fees and revenues collected segregated by source jurisdiction and type of fees and revenues. 2. An itemized list of expenditures for maintenance of facilities and equipment. 3. An itemized list of expenditures of funds received as donations, grants, loans or any other source not provided for herein... 4. An itemized accounting of payroll, taxes, utilities, fuel, and other expenses made in the provision of the services required by the terms of this agreement. 5. The number of complaints, service requests, animal impoundments, license sales, adoptions and euthanasians segregated by the jurisdiction in which the case originated. 6. An itemized list of citations issued, segregated by jurisdiction and type of violation. 7. The number and types of educational presentations and activities completed. - 7 - 8. The log of patrol activities for the period. Section 26, ANT_NAAL WELFARE REPORT. The Contractor agrees to submit to the City and County by June 30, 1988, a report and recommendation for amore comprehensive animal control and welfare program. The report will be based on the experience of the Contractor, together with the experience of other public and private agencies contacted by the Contractor. The program goals to be addressed in the report are as follows: A. Control of animal population through spay and neutering services and inducements to have pets sterilized. B. Improved animal welfare and reducedneighborhood conflicts caused by animals through education, legislation and enforcement, together with improved animal shelter conditions and adoptions. C. Reduced future public costs of animal control. D. Improved efficiency in animal control services to the public. The recommendations will include sufficient detail and cost estimates to enable the City and County to make informed decisions on any program expansions and changes they may find desirable and appropriate. Section 27, TERMINATION. The City, County or Contractor may cancel this agreement without forfeiture, waiver, or release of their rights to any sum of money due or to become due hereunder by giving the other parties to this agreement written notice at least ninety (90) days prior to the termination date, provided that such notice is made no later than October 31 of the year preceding the year in which such termination is to become effective. Section 28, ACRRENRNT NOT TRANSFERABLE. The Contractor shall not transfer, sell, mortgage, assign, delegate,,subcontract, or in any manner convey any portion of this agreement, or its subject matter, nor shall said contractor sublet or convey any interest in any of the properties herein mentioned to any party without first obtaining the written consent of the City and County. Section 29, SURRENDER AND DISPOSITION OF PROPERTY. Upon expiration or termination of this agreement, the Contractor's authority for the use and occupancy of the premises, facilities, and equipment provided by the City and County shall cease and the Contractor shall, upon such expiration or termination surrender the premises and property promptly and in good condition to the City and County respectively, ordinary wear and tear excepted. All equipment and personal property bought, installed or placed by the Contractor in the animal control facility or van other than fixtures and improvements to real property under this agreement shall be deemed personal and remain the property of the Contractor unless full reimbursement for the purchase has been made by the City and/or County, and the Contractor shall have the right to remove the same at the end or the term hereof subject to the Contractor's obligation to repair damages. Section 30, REPOSSESSION OF CITY/COUNTY PROPERTY. After the expiration or termination of this agreement the City and County shall upon proper written notice be entitled to enter and take possession of all of the properties herein listed on the attached Schedule "A" without any liability whatsoever therefor to the Contractor or its successors in interest. Section 31, AMENDMENTS. This Agreement may hereafter be modified or amended only by mutual agreement of the parties or as otherwise provided herein. Section 32, HEADINGS NOT PART OF AGREEMENT. The section headings contained in this agreement are included for the convenience of readers only and are not part of the meaning of the provisions of this agreement. CITY OF PORT TOWNSEND, by , signed 1987. Brent Shirley,Mayor Attest: David A. Grove, City Clerk BOARD OF COUNTY COMMISSIONERS FOR JEFFERSON COUNTY, by 31 , 31 Chairman Commissioner Commissioner signed , 1987. Attest: Jerdine C. Bragg, Clerk of the Board BAYSHORE ENTERPRISES, by , signed 1987.