Chapter 6.24
PUBLIC NUISANCE
Sections:
6.24.020 Written petitions – Investigation.
6.24.030 Notice to owner to abate – Failure to abate.
6.24.040 Temporary impoundment of animal.
6.24.050 Grounds for determination of nuisance.
6.24.060 Public nuisance declared – Reimbursement of costs.
6.24.070 Disposition of public nuisance.
6.24.010 Animal nuisances.
A. The keeping or maintaining possession on any lot in the city of an animal shall be deemed a public nuisance if the animal has committed any one or more of the following acts:
1. Barks, cries or other noises which are so loud and/or so frequent and/or continued over so long a period of time as to disturb the peace and quiet of nearby property or which would cause annoyance or discomfort to a reasonable person of normal sensitivity in the area;
2. Inflicts unprovoked damage to real or personal property of a person other than the owner, which damage occurs off the property of the owner. Domestic animals are personal property for the purposes of this chapter;
3. Chases or attacks pedestrians, skateboards, Segways, vehicles, bicycles, ridden horses, or domestic animals while off the property of its owner; and/or
4. By its bodily waste, odor or other unsanitary condition causes annoyance or discomfort to a reasonable person of normal sensitivity in the area.
B. Such a public nuisance may be abated in accordance with the procedures set forth in this chapter. These procedures are in addition to any other remedies which may be available under the law. (Ord. 17-09 § 2; Ord. 07-72 § 4).
6.24.020 Written petitions – Investigation.
A. The director or a designee shall investigate either of the following:
1. A written petition in which it is asserted by three or more persons having separate residences or regularly employed in a neighborhood that an animal is a public nuisance within the meaning of this chapter; or
2. A written petition in which it is asserted by one or more residents in a neighborhood that an animal is a public nuisance within the meaning of this chapter, and:
a. Such resident(s) can demonstrate to the satisfaction of the animal control officer that the resident(s) has made a good faith effort to obtain the signatures of other residents in the neighborhood or can demonstrate that it is not possible to obtain such other signatures, as in the case where there are less than three occupied residences in the neighborhood, and
b. Such resident(s) has provided to the satisfaction of the animal control officer adequate and competent evidence in support of the claim that the subject animal is a public nuisance within the meaning of this chapter.
B. Petitions shall be signed by and bear the name, address and telephone number of each complainant, shall state the place or places where the nuisance exists, shall describe the animal(s) and the conduct which constitutes the nuisance, and shall give the name and address of the animal’s owner, if known to complainants. Petitions shall be public records and open to public inspection.
C. Whenever a valid petition has been filed with the department pursuant to this section, the director or a designee shall determine whether the petition appears to set forth a valid complaint of a public nuisance within the meaning of this chapter. (Ord. 07-72 § 4).
6.24.030 Notice to owner to abate – Failure to abate.
A. If the director or designee determines that a petition filed pursuant to BMC 6.24.020 appears to be valid, he/she shall serve a notice of nuisance upon the owner of the subject animal which shall inform the owner of the following:
1. That a petition has been received;
2. The nature of complaints stated in the petition;
3. That such nuisance must be abated within the time specified, which shall be reasonable considering the circumstances. Typically, 48 hours for abatement of non-life threatening conditions is reasonable; and
4. That if a dog is noted to have acted under BMC 6.24.010(A)(3), the owner and dog are required to be certified under the American Kennel Club Canine Good Citizen program.
A copy of the provisions of this chapter shall also be provided to the owner with the notice of nuisance.
B. If the owner fails to abate the public nuisance within the specified time, the director or a designee may refer the matter to a hearing officer for a hearing conducted by a hearing officer pursuant to the provisions of Chapter 6.48 BMC. (Ord. 17-09 § 3; Ord. 07-72 § 4).
6.24.040 Temporary impoundment of animal.
A. The director or designee shall have the power to temporarily impound the subject animal pending the outcome of an administrative hearing conducted pursuant to BMC 6.24.030 if:
1. After making a good faith effort, he/she is unable to contact the animal’s owner and determines, at the time of inspection, that the offending noise, condition or behavior of the animal cannot be immediately abated and the peace and comfort of the neighborhood restored;
2. Determines, at the time of inspection, that the offending noise, condition or behavior of the animal cannot be immediately abated and the peace and comfort of the neighborhood restored; or
3. Determines that the public nuisance has not been abated within the time specified in the notice of nuisance.
B. The owner of the animal shall be responsible for all costs of impounding the animal, including but not limited to daily impoundment fees and any costs incurred in providing care and maintenance of the animal.
C. In lieu of impounding an animal, the animal control officer may permit the animal to be confined by the owner at the owner’s expense in a director-approved veterinary facility, or in the case of a dog, in a director-approved veterinary facility or director-approved dog kennel. (Ord. 07-72 § 4).
6.24.050 Grounds for determination of nuisance.
In making a determination that an animal is or is not a public nuisance, the hearing officer shall consider the following evidence:
A. All petitions filed pursuant to BMC 6.24.020;
B. The testimony of persons residing or working in the area of the place where the animal is kept;
C. The testimony of any investigating animal control officer and any other department or city employee having contact with the animal or its owner;
D. Visual or auditory recordings of the animal or of the place where the animal is kept;
E. Any previous complaints, abatement orders, citations, or convictions regarding maintenance of a public nuisance by the owner by reason of an animal’s offending noise, condition or behavior;
F. The nature and extent of the animal’s offending noise, condition or behavior;
G. The manner in which the animal had been maintained by its owner;
H. The presence or absence of any provocation for the offending noise, condition or behavior;
I. Whether the offending noise, condition or behavior can be eliminated by effectively training or retraining the animal; and
J. Any other relevant evidence regarding the ability of the owner to preserve the comfort, peace or quiet of the neighborhood if the animal is permitted to remain in the city. (Ord. 07-72 § 4).
6.24.060 Public nuisance declared – Reimbursement of costs.
The owner of any animal declared by a hearing officer to be a public nuisance pursuant to this chapter shall reimburse the city for all costs incurred in verifying compliance and enforcing provisions of this chapter. (Ord. 07-72 § 4).
6.24.070 Disposition of public nuisance.
A. The hearing officer may order the owner of any animal declared to be a public nuisance to remove the animal from the city by a date certain if the owner:
1. Fails to abate the public nuisance within the time period specified by the hearing officer;
2. Fails to reimburse the costs of abating the public nuisance; or
3. Permits, suffers, or allows the public nuisance to occur again.
B. If the owner fails to remove the animal from the city by such date, the department may impound the animal and not permit the reclaiming or redemption of the animal by the owner unless adequate arrangements acceptable to the director have been made by the owner to ensure abatement of the public nuisance. Such arrangements shall be agreed to in writing between the owner and the director prior to and as a condition of release of the animal to its owner. If such agreement is not made and executed within 30 days from the date of impoundment, then the animal may be considered abandoned and may be handled in the same manner as any other unclaimed stray animal.
C. If the written agreement referred to in subsection (B) of this section is made and is subsequently breached by the owner, the director may immediately impound the animal and not permit the reclaiming or redemption of the animal by the owner unless the owner can make adequate, written assurances acceptable to the director that the owner shall commit no further violation of the agreement. If such further assurances are not made and executed within 30 days from the date of impoundment, then the animal may be considered abandoned and may be handled in the same manner as any other unclaimed stray animal.
D. Any person failing to comply with the hearing officer’s order to abate a public nuisance shall be prohibited from keeping or harboring within the city an animal of the type, species, group or family to which the order applies (including the animal initially causing the nuisance) for a period of three years from the date of such noncompliance; provided, however, that any person prohibited from keeping or harboring an animal pursuant to this section shall be entitled to appeal to a hearing officer pursuant to the provisions of Chapter 6.48 BMC. The scope of any such appeal hearing shall be limited to a determination regarding whether a failure to comply with a hearing officer’s order has occurred. (Ord. 07-72 § 4).