AN ORDINANCE OF THE CITY OF TEKOA, WASHINGTON, adopting Tekoa Municipal Code §8.08.056, and amending Tekoa Municipal Code §8.08.011, §8.08.111 and Ordinance No. 645, thereby regulating the keeping of Pit Bull dogs within the City of Tekoa.
Section 1. Tekoa Municipal Code §8.08.011 and those portions of Ordinance No.645 which are codified as Tekoa Municipal Code §8.08.011 are hereby amended to read as follows:
“8.08.011 - Definitions. The following terms shall have the following definitions:
(1) Animal Control Officer: A person designated by the City to enforce this Chapter.
(2) Animal Shelter: A facility operated by the City or its authorized agents to care for dogs impounded or held by authority of this Chapter or State law.
(3) Commercial Kennel: A property maintained primarily to keep, board, train, treat, or breed three or more dogs, but not more than six adult dogs, wherein the dogs are confined or otherwise kept in such a manner so as to prevent them from leaving the property unrestrained; provided, this term shall not include veterinary clinics.
(4) Dangerous Dog: Any dog that according to records of the animal control officer or City police: (a) has inflicted severe injury on a human being without provocation 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 having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals.
(5) Impounded: A dog shall be considered as being impounded upon seizure by an animal control officer.
(6) Household: A home, house, apartment or other property where one or more dogs are kept by one or more owners or keepers of a dog or dogs.
(7) Owner, Keeper, or Person who Maintains, Keeps, or Harbors a Dog: The terms "owner", "keeper", or person who maintains, keeps, or harbors a dog shall be given their ordinary and usual meanings. Additionally, the terms shall include any person(s) who own(s), rent(s), or otherwise has the immediate control or possession of a home or property whereupon a dog is kept, maintained, or harbored. Proof of such control or possession shall include, but shall not be limited to, certified copies of official land title records, certified copies of current City Treasurer's records reflecting who is regularly billed for City utilities furnished to the property, and current telephone directories indicating in whose name telephone service to the property is furnished.
(8) Potentially Dangerous Dog: Any dog that when unprovoked: (a) inflicts bites on a human or domestic animal either on public or private property, or (b) chases or approaches a person upon the streets, sidewalks, or any public or private grounds, other than the grounds of the dog's owner or keeper, in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, or to cause injury or otherwise to threaten the safety of humans or domestic animals.
(9) Pit Bull Dog: Any American pit bull terrier, Staffordshire bull terrier, American bulldog, or American Staffordshire terrier breed of a dog, or any mixed breed of dog which contains as an element of its breeding any of the above breeds so as to be identifiable as partially of the breed American pit bull terrier, Staffordshire bull terrier, American bulldog, or American Staffordshire terrier.
(10) Public Nuisance: A dog which:
a. chases vehicles upon streets or other public grounds;
b. is running at large or otherwise not restrained as required under the provisions of this Chapter;
c. damages public or private property other than that of its owner or keeper;
d. continuously barks, whines or howls in such a manner as to disturb or annoy neighbors or the public; or
e. which defecates on public or private property other than that of its owner or keeper.
(11) Restraint or Restrained: Any dog: (a) secured by a leash or lead under the immediate control of a person of sufficient age and competence to control the dog; or (b) any dog which is secured by a leash or confined within a kennel, residence, cage, or other building or property, and which is constructed in such a manner so as to keep the dog confined at all times within the building or structure; or (c) any dog present on the property of its owner or keeper which is not physically confined or secured by a leash or lead, but is confined to the property by training, habit, or voice command.”
Section 2: There is hereby adopted as Tekoa Municipal Code §8.08.056 the following:
“8.08.056. It shall be unlawful to keep, harbor, or in any manner posses a Pit Bull dog within the City of Tekoa, except:
(1) This section shall not apply to any Pit Bull dog which is wholly confined within an enclosed vehicle while traveling through the City on any portion of a State highway; and
(2) This section shall not apply to any Pit Bull dog for which a then-current dog license was issued on or before August 31, 2010, provided:
(a) The owner of the Pit Bull dog must complete an application for a special, Lifetime License for the dog on or before September 1, 2010. The cost of the lifetime license will be $100.00. The application shall include the applicant’s name and address, four 3 x 5" color photographs of the dog, clearly showing the color and approximate size of the dog, a current rabies vaccination certificate issued by licensed veterinarian or clinic, and proof that the dog has been spayed or neutered, provided, if the dog is pregnant, as a condition of keeping the dog in Tekoa, it must be spayed within 6 weeks following the birth of its pups. The license must at all times be kept on the premises where the dog is kept, and must be produced for inspection by any animal control officer, code enforcement officer, or law enforcement officer at any time upon request.
(b) The dog shall not be sold, bartered, or transferred to any other person within the City of Tekoa.
(c) Any pups born to the dog must be removed from the city within eight weeks following their birth.
(d) The owner of the dog must report in writing to the City Clerk, Code enforcement officer, and animal control officer: -the death or removal of the dog from the City; -the birth of pups to the dog; and/or -if the owner relocates within the City, the new owner’s address, all within ten days following the reported event.
(e) No person shall permit the dog to go outside of a dwelling, or a fully enclosed building, pen, or kennel unless the dog is securely leashed with a leash no longer than four feet in length, and then only if an adult person is in physical control of the leash and the dog is muzzled by a muzzling device sufficient to prevent the dog from biting any person or animal. In no event shall the dog be leashed to an inanimate object such as a tree, post, or building, nor shall it be present in any City Park.
(f) The dog must be securely confined indoors in a dwelling or in a fully enclosed, securely locked pen, kennel, or other structure, except when leashed and muzzled as provided above. If the dog is kept indoors, in a dwelling, it shall not be allowed access to any part of the dwelling from which it can escape (e.g., a porch or enclosed patio), nor shall doors or windows be open in any room accessible by the dog, regardless of whether the open windows are protected by screens. If the dog is kept in a pen, kennel, or other structure, the enclosure must be in place by October 1, 2010. The enclosure must have secure sides and top which prevent the dog’s escape. The enclosure must also have a securely attached to the sides, or the sides must be embedded at least two feet below the ground surface. The enclosure must be constructed and at all times maintained in compliance with any applicable zoning or building codes, and be adequately lighted, ventilated, and maintained in good, clean sanitary condition, free of accumulations of animal waste.
(g) The dog’s owner shall display on a prominent place on the owner’s premises a sign easily readable by the public stating “Beware of Dog.” In addition, a similar sign shall be posted on any kennel, pen, or other structure where the dog is kept. The owner shall provide photographs to the City Clerk on or before August 31, 2010, confirming the placement of the signs.
(h) The dog shall be vaccinated against rabies at least once every three years. Proof of immunization shall be regularly provided to the City Clerk, and the dog must continually wear a current rabies vaccination tag issued for the dog by the licensed veterinarian who administered the vaccination. Failure to have such a tag shall be considered prima facie evidence that the dog has not been vaccinated against rabies, and shall subject the dog to immediate impoundment by the animal control officer or code enforcement officer until the dog has been vaccinated.
(i) If the dog is apprehended running at large, it shall be considered a dangerous or potentially dangerous dog and shall be subject to impoundment as provided in §8.08.071.”
Section 3. Tekoa Municipal Code §8.08.111 and those portions of Ordinance No. 645 which are codified as Tekoa Municipal Code §8.08.111 are hereby amended to read as follows:
“8.08.111 - Penalties.
(1) A person violating any provision of §8.08.056 shall be fined $250.00 upon the first conviction thereof. A person convicted of a second or subsequent violation of any provision of §8.08.056 shall be fined $500.00 for each such violation. For the purposes of this subsection, a second or subsequent conviction need not involve the same Pit Bull dog as involved in the first (or any other) violation for which the person may be convicted.
(2) Unless otherwise provided in this Chapter, a person convicted of any provision of this Chapter other than §8.08.056 shall immediately forfeit any dog or kennel license then issued to the person, and no further or future dog or kennel license shall be issued to the person.
(3) For the purposes of this section, each day in violation of any part of this Chapter shall be considered a separate violation.
(4) No part of any fine assessed or imposed under the provisions of this Chapter shall be suspended or deterred in any manner.”
Section 4. This ordinance shall be in full force in effect five (5) days after it or a summary thereof has been published in the official newspaper of the City of Tekoa.
Passed this 19th day of July, 2010.
Approved: ________________________________ John Jaeger - Mayor