Chapter 7.15
VIOLATIONS AND INFRACTIONS

Sections:

7.15.010    INFRACTIONS.

7.15.020    INFRACTION PENALTY.

7.15.030    VIOLATION - MISDEMEANOR.

7.15.040    VIOLATION - PUBLIC NUISANCE.

7.15.010 INFRACTIONS.

In addition to other violations and related fines or penalties provided in this title, the following violations are declared to be Class 1 civil infractions:

(a)    Animal at Large. For the owner of a pet or livestock to suffer or permit such animal to leave the premises of the owner, unless the animal is under physical restraint adequate to the size and nature of the animal or is sufficiently near its owner to be under its owner’s direct control and is obedient to its owner’s commands, except that all dogs must be leashed when not on the premises of the owner. Exceptions to this restriction are pets engaged in formal training, competition, service dogs engaged in an activity for which they are trained or in service, or dogs allowed in City of Bremerton dog parks as provided in Chapter 13.04 BMC. This provision also applies to the requirements established in BMC 7.06.010(m);

(b)    Animal in Heat. For the owner of a pet in heat to keep such an animal where it is accessible to male animals unless such accessibility is for the purpose of planned breeding;

(c)    Animal Noise. For any person(s) to own any animal which by its barking, howling, baying, squealing, crowing, crying, bleating, screeching, or making any other noise which by its volume or frequency unreasonably disturbs or interferes with the peace of any person(s) for more than fifteen (15) minutes in any one (1) hour period of any day, and is documented by three (3) or more separate episodes of such noise in a sequential seven (7) day period. The burden is upon the owner of such animal(s) to maintain quiet. Exceptions to this subsection are commercial pet facilities, animal welfare facilities, veterinary hospitals, or grooming parlors otherwise in compliance with the Bremerton Municipal Code including, but not limited to, BMC 7.08.030, or those who can substantiate that such animal noise was caused by an injury or illness of the animal(s) or by willful trespass, torment, or abuse of the animal(s) on its property by others.

Enforcement may be undertaken only upon written receipt of a complaint made to either the animal control authority or law enforcement by a person(s) residing at or who is employed in an area affected by such public noise disturbance. Any such animal(s) shall be deemed a nuisance and may be seized and impounded, pursuant to BMC 7.10.010(a), if the disturbance reoccurs after the owner or custodian of such animal(s) has received two (2) written warnings from either the animal control authority or law enforcement within a calendar year;

(d)    Damaging Property. For the owner of a pet or livestock to suffer or permit the animal to leave the premises of the owner and thereafter cause damage to anything of value or any other pet or livestock;

(e)    Disturbing Pedestrians. For the owner of a pet or livestock, when off the property of the owner, to suffer or permit the animal to disturb people lawfully on public ways. For the purposes of this section, "disturb" shall mean to chase or approach a person upon the streets, sidewalks, or any other public grounds or private property in a menacing fashion or apparent attitude of attack;

(f)    Chasing Vehicles. For the owner of a pet or livestock to suffer or permit the animal to chase or run at or after vehicles lawfully on public ways;

(g)    Reporting and Releasing Stray Animals. For any person to fail to notify the animal control authority that a stray pet or livestock is in the person’s possession, or to refuse to release such stray animal to the animal control authority upon demand;

(h)    Releasing Animal. For any person except the owner or other authorized person to release any pet or livestock from confinement;

(i)    Excess Number of Animals. To own more than a total of four (4) household pets as provided in BMC 7.08.010(f) or to own more than a total of five (5) chickens as provided in BMC 7.06.010(a) at the same place or residence without a valid commercial pet facility or animal welfare facility license;

(j)    Failure to License. For an owner to fail to license a cat or dog as required by BMC 7.08.010(a); or to fail to obtain a chicken license as required by BMC 7.06.020(a);

(k)    Animal Bites. To own a pet or livestock that bites a person while such person is on public property or lawfully on private property;

(l)    Agitating an Animal. To intentionally agitate, harass, or provoke a pet or livestock except that a person may take reasonable steps, not causing undue pain or suffering, to remove unwanted animals from their property;

(m)    Failing to Notify Animal Control Authority of Change of Ownership, Custody, and/or Residence. For any owner of an animal that has been declared dangerous or potentially dangerous to sell, barter, or otherwise transfer the ownership, custody, or residence of such an animal without notifying the animal control authority within fourteen (14) calendar days of the change as required by BMC 7.12.010(i) or to otherwise fail to comply with the requirements of that section;

(n)    Sale, Barter, or Other Transfer of Pets in Public Places Prohibited. It is unlawful to sell, barter, or otherwise transfer for the purpose of changing ownership any pet in an area open to the public, unless such activity is pursuant to BMC 7.08.030, or occurs at a sanctioned dog or cat show;

(o)    Transporting a pet or livestock in the open bed of a pickup truck or other outside part of a vehicle unless a suitable harness, cage, or enclosure is utilized and attached so as to protect such animal from falling or being thrown from the vehicle, and would not by its design or application cause injury to the animal;

(p)    Pets Chasing Livestock. For the owner of a pet to permit that animal to harass or chase another owner’s livestock, when not engaged in the specific work of herding approved by the owner of the livestock;

(q)    Animal Waste. For the owner of a pet to fail to remove deposits of fecal material originating from the owner’s animal from public or private property unless the owner of such property has given permission for such material to be deposited. This shall not authorize such deposits as are otherwise governed by public health regulations or other provisions of this code;

(r)    Outdoor Feeding. It shall be unlawful:

(1)    To feed or allow any domestic or wild animals or birds to be fed outdoors at such times and in such numbers that feeding birds or animals create an unreasonable disturbance or accumulation of droppings on surrounding properties, including public property; or

(2)    To feed or allow raccoons to be fed outdoors at any time;

(s)    Ownership or possession by a person under the age of eighteen (18) years old of any dangerous or potentially dangerous animal;

(t)    Roosters. It is unlawful to keep a rooster or roosters as prohibited by BMC 7.06.010(b);

(u)    Henhouses, coops and chicken tractors. For an owner to fail to comply with the provisions of BMC 7.06.010(d) through BMC 7.06.010(k);

(v)    For an owner to keep chickens in violation of BMC 7.06.010(m);

(w)    Chickens kept inside a permitted dwelling. For anyone to keep chickens, except chicks, inside any permitted dwelling as prohibited by BMC 7.06.010(c);

(x)    For an owner to fail to manage chicken manure as required in BMC 7.06.010(n);

(y)    For an owner to fail to maintain chicken feed in rodent-proof containers as required by BMC 7.06.010(p);

(z)    For an owner to fail to provide for rodent-proof chicken structures pursuant to BMC 7.06.010(q);

(aa)     For an owner to fail to take necessary steps to eradicate rodents pursuant to BMC 7.06.010(r);

(bb)    For any owner to slaughter chickens in violation of BMC 7.06.010(o). This provision shall in no way limit the City of Bremerton’s ability to prosecute for violations of Chapter 7.14 BMC. (Ord. 5243 § 1 (part), 2014: Ord. 5185 §2, 2012; Ord. 5126 §3, 2010; Ord. 4952 §2, 2005; Ord. 4949 §1 (part), 2005)

7.15.020 INFRACTION PENALTY.

(a)    Infraction. The base penalty for any infraction specified in BMC 7.15.010 shall be one hundred twenty-five dollars ($125.00) for the first violation, two hundred fifty dollars ($250.00) for the second infraction committed within any twelve (12) month period, and five hundred dollars ($500.00) for the third and subsequent infractions committed within any twelve (12) month period. In addition to the base penalty, a public safety and educational assessment and any other assessments required by statute shall be imposed. Each and every day or portion thereof in which an infraction is committed shall constitute a separate and distinct infraction. Infractions under this section may be charged and processed pursuant to Chapter 1.12 BMC. (Ord. 5243 § 1 (part), 2014: Ord. 4949 §1 (part), 2005)

7.15.030 VIOLATION - MISDEMEANOR.

Any person who fails to cure a violation or comply with the requirements of this chapter after issuance of an infraction pursuant to BMC 7.15.020 shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). (Ord. 5243 § 1 (part), 2014: Ord. 4949 §1 (part), 2005)

7.15.040 VIOLATION - PUBLIC NUISANCE.

Any violation of the provisions of this title, regardless if such constitutes a crime or infraction hereunder, shall be, and the same are declared to be, unlawful and a public nuisance. (Ord. 5243 § 1 (part), 2014: Ord. 4949 §1 (part), 2005)