Chapter 7.16
MISCELLANEOUS PROVISIONS
Sections:
7.16.010 FAILURE TO REPORT STRIKING OF ANIMAL.
7.16.020 OBSTRUCTING ANIMAL CONTROL AUTHORITY.
7.16.010 FAILURE TO REPORT STRIKING OF ANIMAL.
Any person who fails to report the striking of an animal with a vehicle to the animal control authority or law enforcement shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2); provided, that no person shall be held liable for the injury or death of an animal under this section unless found to have committed a crime pursuant to the provisions of Chapter 16.52 RCW or this section. (Ord. 4949 §1 (part), 2005)
7.16.020 OBSTRUCTING ANIMAL CONTROL AUTHORITY.
Any person who willfully hinders, delays, or otherwise obstructs any animal control authority employee in the discharge of the employee’s official powers or duties shall be guilty of a gross misdemeanor pursuant to BMC 1.12.020(1). (Ord. 4949 §1 (part), 2005)
7.16.030 HABITUAL VIOLATORS.
(a) Habitual Violators. Any owner receiving any combination of four (4) or more:
(1) Convictions, singularly or in combination, of crimes relating to animals within a five (5) year period; and/or
(2) Infractions under this title, singularly or in combination, pursuant to BMC 7.15.010 found to be committed by the Municipal Court within a five (5) year period shall be guilty of a gross misdemeanor pursuant to BMC 1.12.020(1) for each additional act constituting a crime or infraction under this title.
(b) Habitual Violators – Chicken Regulations. In addition to the sanctions provided in subsection (a) of this section, any owner receiving three or more infractions relating to any chicken regulation found to be committed by the Municipal Court within a two (2) year period shall have his or her chicken license revoked and shall be prohibited from renewing his or her chicken license.
(c) Any applicant or licensee may, within seven (7) working days from the date that a denial or revocation notice was mailed to the applicant or licensee, appeal from such denial or revocation by filing a written notice of appeal setting forth the grounds therefor with the Municipal Court Hearing Examiner pursuant to BMC 2.62.045. A filing fee as set forth in Chapter 3.01 BMC shall be submitted with the appeal, which filing fee is required to process the appeal. The hearing shall be conducted in accordance with the procedures for hearing contested cases set out in BMC 2.62.045. After the hearing thereon the Municipal Court Hearing Examiner shall, after appropriate findings of fact, and conclusions of law, affirm, modify, or overrule the denial or revocation and order issuance or reinstatement of the license, and may impose any terms thereupon.
(d) No revocation of a license pursuant to the provisions of this chapter shall take effect until seven (7) working days after service of the notice thereof by the Kitsap Humane Society, and if the appeal is timely filed, the revocation shall be stayed pending final action by the Municipal Court Hearing Examiner. All licenses which are revoked shall be surrendered to the Kitsap Humane Society on the effective date of such revocation.
(e) The decision of the Municipal Court Hearing Examiner shall be final. The applicant or licensee and/or the City may seek review of the decision by the Superior Court of Washington in and for Kitsap County within thirty (30) days from the date of the decision. If review is sought as herein prescribed, the renewal or revocation shall be stayed pending final action by the Superior Court.
(f) When revoked, the license shall be canceled and immediately surrendered to a representative of the Kitsap Humane Society. Upon revocation of any license as provided in this chapter, no portion of the license fee shall be returned to the licensee. Additionally, any licensee who has had his or her chicken license revoked shall remove any chickens from his or her property within seven (7) days of the effective date of the revocation. (Ord. 5126 §3, 2010: Ord. 4949 §1 (part), 2005)