HomeMy WebLinkAbout6304
ORDINANCE NO. 6 3 0 4
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTION 6.35.030 OF THE AUBURN CITY CODE
RELATING TO DANGEROUS DOGS WHEREAS, the current provisions of the Auburn City Code include
requirements for fencing a_ nd securing dangerous dogs and potentially dangerous
dogs as defined therein; and
WHEREAS, the current parameters for fencing of potentially dangerous
dogs does not specify the types of fence other than to reference a requirement
that the fence be reasonably designed to prevent the dog from running free and
unrestrained; and
WHEREAS, in order to adequately secure the safety of persons who may
be in the vicinity of a fenced in or enclosure area containing a potentially
dangerous dog, it is appropriate to specify certain minimum fence criteria, to wit:
requiring the fence to either be six feet tall, as measured from the ground, or
requiring the enclosure area to have a secure top.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to Citv Code. That section 6.35.030 of
the Auburn City Code be and the same hereby is amended to read as follows: .
6.35.030 Dangerous dogs and potentially dangerous dogs - Requirements
for restraint.
A. It is unlawful for an owner of a dangerous dog to permit the dog to
be outside the proper enclosure, as defined and described in ACC 6.35.010(D),
unless the dog is muzzled and restrained by a substantial chain or leash and
under physical restraint of a responsible person. The muzzle shall be made in a
Ordinance No. 6304
April 12, 2010
Page 1 of 3
manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.
B. lt is unlawful for an owner of a potentially dangerous dog to permit
the dog to be allowed or permitted to run free and unrestrained or off leash or not
otherwise under physical restraint of a responsible person, unless within a fenced
. yard or similar restraint reasonably designed to prevent the dog from running free
and unrestrained. It is provided, however, that the top of such fence shall be six -
feet in height as measured from the around level, unless there is secured top -
full enclosuce - to the fenced-in area; and it is further provided that such fence or
enclosure area shall complv with all applicable Citv Codes.
C. It is unlawful for an owner of a dangerous dog or a potentially
dangerous dog to permit the dog to be walked outside the proper enclosure_ by
anyone under the age of 16 years.
D. The owners of dangerous dogs and potentially dangerous dogs are .
responsible for taking all reasonable measures to assure that the dogs do not
escape the above restraints, the failure of which responsibility shall constitute a
violation of this chapter, punishable pursuant to ACC 6.35,040. The failure of the`
owner of a dangerous dog to comply with the requirements for dangerous dog
registration shall also constitute a violation of this chapter, punishable pursuant fo
ACC 6.35.040. (Ord. 6244 § 3, 2009; Ord. 5996 § 1, 2006; Ord. 5829 § 1, 2004.) Section 2. Imalementation. The Mayor is hereby authocized to
implement such administrative procedures as may be necessary to carry out #he
directions ofi this legislation. _
Section 3. Severabilitv. The provisions of this ordinance . are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Section 4. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law.
Ordinance No. 6304
April '12, 2010
Page 2 of 3
INTRODUCED: APR 1-19-2010
PASSED: APR 19 2010
APPROVED: APR 19 7p1n F BURN
ETER B. LEWIS
MAYOR ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Da iel B: -eid, ity tto ey
Published:
Ordinance No. 6304
Apttil 12, 2010
Page3of3