Chapter 8.07
VICIOUS ANIMALS
Sections:
8.07.015 Owner responsibility and penalty.
8.07.040 Impoundment of animal.
8.07.055 Application and permit requirements.
8.07.060 Keeping of a potentially dangerous or vicious animal.
8.07.065 Animals designated by other jurisdictions.
8.07.070 Destruction – Nondestruction – Conditions.
8.07.010 Purpose.
The purpose of this chapter is to regulate the keeping of animals which are potentially vicious or involve a threat to the safety of people and other animals on streets, sidewalks, and private property where the animals are not properly maintained, as such animals constitute a serious hazard within the city. The increasing tendency to maintain dogs which, by virtue of breeding or training, have a propensity to attack others, compounds the hazard. Injuries to innocent persons and other animals resulting from attacks by animals illustrate the need for proper regulation which would reduce the safety hazard.
Every owner of an animal is held strictly accountable for the exercise of such control over the animal as necessary to ensure that the animal does not injure innocent human beings or other animals that are not on the premises where the animal is maintained. Such strict accountability is hereby imposed whether or not the injury results from the negligence or other fault of the owner, and regardless of the degree of precaution or control exercised by the owner. [Ord. 8-2009 § 5].
8.07.015 Owner responsibility and penalty.
A. Any owner of any animal is deemed responsible for the acts committed by that animal when the owner has failed to comply with the legal requirements for the keeping of that animal as defined in this title. No person shall permit or cause an animal to act in such a manner that constitutes vicious behavior as defined in RCMC 8.01.130.
B. A violation of any of the provisions of this chapter is punishable as otherwise provided in this code and as follows: any violations of this chapter involving a potentially dangerous animal shall be punished by a fine not to exceed $500.00. Any violation of this chapter involving a vicious animal shall be punished by a fine not to exceed $1,000. Any animal owner who maintains any animal in such a manner as to permit, or cause, it to exhibit vicious behavior shall also be guilty of a misdemeanor pursuant to RCMC 1.01.190(E).
C. Nothing in this chapter shall prevent prosecution for violations of other statutes or codes which may deal with other or more specific offenses, including, but not limited to, penal and civil statutes. [Ord. 20-2014 § 5; Ord. 8-2009 § 5].
8.07.020 Sale prohibited.
No animal held in custody by the animal services, which is known to have exhibited vicious behavior as defined in this title, shall be released for sale to any member of the public. Such animal shall be destroyed upon exhaustion of the required period of impoundment unless legally reclaimed by the owner. [Ord. 8-2009 § 5].
8.07.025 Quarantine.
No animal which has been declared vicious, or against which a vicious animal affidavit has been filed, may be impounded or quarantined at any place other than the animal services center unless authorized by the animal services manager. [Ord. 8-2009 § 5].
8.07.030 Filing of charges.
Any person, including employees of animal services, possessing personal knowledge of facts that there exists a vicious or dangerous animal within the city may file with animal services a written affidavit, signed under penalty of perjury, which contains the following facts:
1. A description of the offending animal including, to the extent known, the color, size, sex, breed and name of the animal, and the name and address of the owner of the animal;
2. An assertion that the animal described is a vicious animal within the meaning of RCMC 8.01.110, or a dangerous animal within the meaning of RCMC 8.01.120, together with a statement of the facts upon which the assertion is based, including the name and address of any person who has been victimized or injured by the animal; the name and address of the owner of any animal that has been injured; a description of the extent of the injuries; the names and addresses of any witnesses thereto; the time, date, and location of any incident related to the assertion; and an explanation of how the personal knowledge of the affiant was acquired; and
3. The name, residential and occupational addresses and telephone numbers of the affiant. [Ord. 8-2009 § 5].
8.07.035 Timely filing.
Unless otherwise provided, the filing of a vicious or dangerous animal affidavit must be made within 30 calendar days of the most recent event or circumstances occasioning the affidavit. Upon evidence that good cause exists that the affidavit could not be filed within 30 calendar days, the animal services manager may extend the deadline for filing of the affidavit. [Ord. 8-2009 § 5].
8.07.040 Impoundment of animal.
A. Upon receipt by the animal services manager of an affidavit filed in compliance with RCMC 8.07.030 and 8.07.035, the animal services manager or his or her designee shall initiate an investigation of the incident or incidents described in the affidavit for the purpose of verifying the facts stated or obtaining other information. The investigation shall be completed no later than seven business days after the date the affidavit is filed. If, after an investigation, the identified facts show the existence of a vicious animal within the meaning of RCMC 8.01.110 or a potentially dangerous animal within the meaning of RCMC 8.01.120, the animal services manager or his or her designee shall locate and impound the animal which is the subject of the charges within 48 hours of the date the investigation is completed.
B. However, an impoundment and hearing shall not be required for the offending animal when an owner or keeper waives his or her right to the hearing prescribed by Chapter 8.09 RCMC; provided, that such waiver is in writing, and that the owner or keeper agrees to follow all the conditions and requirements as set forth in this chapter. [Ord. 7-2021 § 3 (Exh. A); Ord. 20-2014 § 6; Ord. 8-2009 § 5].
8.07.045 Notice of hearing.
Within 48 hours of the impoundment of a purportedly vicious or potentially dangerous animal, or at such time as is determined by the animal services manager, the animal services manager or his or her designee shall either personally serve upon or mail to the residential address of the owner or keeper of the animal and the affiant the following:
A. A written notice of the time, date, and place of the hearing prescribed by Chapter 8.09 RCMC, and the date of said hearing to be scheduled, not earlier than five working days and not later than 10 working days following the date of impoundment;
B. A copy of the affidavit filed pursuant to RCMC 8.07.030 and 8.07.035; and
C. A copy of the provisions of this title and the provisions of RCMC 8.09.050 regarding hearing procedures.
Conversely, if, after an investigation, the identified facts show that no cause exists to conduct a vicious or potentially dangerous animal hearing, the animal services manager or his or her designee shall notify the affiant and the animal owner or keeper of this in writing. Additionally, an animal owner may waive, in writing, their right to such hearing timelines. [Ord. 20-2014 § 7; Ord. 8-2009 § 5].
8.07.050 Bond required.
At the discretion of the animal services manager, any animal impounded or quarantined pursuant to the provisions of this chapter may be returned to the custody of its owner pending the conduct of the vicious or dangerous animal hearing and the rendering of a decision by the hearing officer, provided such return is determined to pose no threat to public health and safety. The owner, if authorized by the animal services manager, may gain custody of the animal by posting a cash bond in the amount of $1,000, or such greater amount as is justified in writing and approved by the animal services manager as necessary to assure the return of the animal, or by furnishing other security upon review and approval by the city attorney. Said bond or other security shall be forfeited in the event the animal is not delivered into the custody of animal services if so ordered in the decision rendered by the hearing officer. [Ord. 8-2009 § 5].
8.07.055 Application and permit requirements.
Any animal which has been declared by the hearing officer to be vicious within the meaning of RCMC 8.01.110 or potentially dangerous within the meaning of RCMC 8.01.120, or whose owner or keeper has waived their right to a hearing under RCMC 8.07.040(B), shall be permitted as follows:
A. Application. The owner must apply for and obtain a permit to keep the animal in their care and custody. Such permit application must include all of the following:
1. The name and address of the owner, and the names and addresses of two persons who may be contacted in the case of emergency;
2. An accurate description of the animal for which the permit is requested, including the city-issued license number for that animal;
3. The address where the animal will be located;
4. An agreement to comply with all permit conditions; and
5. Such other information as the animal services manager may require to ensure the public’s health and safety.
B. Order on Application. Within 30 days after receiving a completed application for a permit to keep an animal designated potentially dangerous or vicious, the animal services manager shall grant or deny the permit. If the permit is denied, it shall specify the reason(s) for denying the permit and state that the owner has a right to appeal the permit denial under Chapter 8.09 RCMC.
C. Permit Denial. The animal services manager may deny an application for a permit if the manager determines:
1. The animal poses an undue risk to public safety;
2. The animal’s owner does not have facilities to adequately secure, feed, house, or maintain the animal;
3. The animal’s owner does not agree to comply with all proposed permit conditions to be imposed by animal services; or
4. Possession of the animal at the owner’s location violates any law, ordinance, or regulation. [Ord. 7-2021 § 3 (Exh. A); Ord. 8-2009 § 5].
8.07.060 Keeping of a potentially dangerous or vicious animal.
A. Permit Conditions. If a permit is issued pursuant to RCMC 8.07.055, the following conditions shall be imposed for keeping a vicious or potentially dangerous animal:
1. The animal’s owner must comply with all relevant state and local laws.
2. The animal must be properly licensed and vaccinated at all times.
3. The permit is nontransferable.
4. The owner or keeper of the animal may not be a minor.
5. The animal may not be possessed or maintained at any location other than that specified in the permit.
6. The animal’s owner must display, on the property where the animal is kept, a sign containing a warning that there is a potentially dangerous or vicious animal on the premises. The sign must be located where it will be reasonably visible to the public.
7. The animal’s owner shall immediately notify animal services if the animal is at large, has attacked another animal, has bitten a human being, or has died.
8. When off the property of the animal’s owner or keeper, the animal shall be muzzled and leashed with a substantial leash not to exceed six feet in length and under the control of a responsible adult who is familiar with and in control of the animal.
9. When being transported, the animal shall be humanely confined in a vehicle so that it can neither escape nor inflict injury on passersby.
10. Unless the animal services manager modifies the conditions of outdoor confinement as necessary, if the animal is confined outdoors, it shall be confined in an enclosure consisting of a fence or structure suitable to prevent the entry of young children, and suitable to confine a potentially dangerous or vicious animal as determined by animal services. The enclosure shall be securely locked, have secure sides and bottom sufficient to prevent the animal from escaping, and shall be of sufficient size to provide the animal with adequate exercise area.
11. The animal shall not be allowed to endanger the peace, health, or safety of people, domestic animals, or native wildlife.
12. The animal shall not be subject to neglect, suffering, cruelty, or abuse.
13. The location where the animal is possessed, confined, and maintained must be kept clean and sanitary; and the animal must be provided with proper and adequate food, water, ventilation, shelter and care at all times.
14. An employee of animal services must be allowed permission by the owner, at any reasonable time, to inspect the animal and the place where the animal is located.
15. The owner must pay all fees required by the city for such animal.
16. The owner must consent and pay for the animal to be sterilized and have a microchip implanted by animal services for identification purposes.
17. Any and all additional conditions and requirements, if any, imposed by the hearing officer, pursuant to RCMC 8.09.030 and 8.09.050, or imposed by the animal services manager pursuant to the waiver under RCMC 8.07.040(B).
B. Term of Permit. A potentially dangerous or vicious animal permit is valid for one year from the date of its issuance.
C. Removal of Potentially Dangerous Designation. The animal services manager will remove the “potentially dangerous” designation from an animal if there are no additional instances of the behavior described in the definition of “potentially dangerous” animal within the 36-month period after the date of designation.
D. Permit Renewal. No person holding a potentially dangerous or vicious animal permit has the right to an automatic renewal of the permit. Failure to renew a permit before its expiration will result in a late fee. In addition, such failure may result in an administrative fine or infraction citation, or the animal may be impounded and humanely destroyed.
E. Permit Revocation. If the owner of an animal designated potentially dangerous or vicious violates a permit condition, the animal services manager may, in addition to administrative fines under RCMC 8.07.015, issue an order revoking the permit and impounding the animal. If the animal services manager determines the animal poses an undue threat to public safety, the animal may be euthanized. The order revoking the permit will specify whether the animal is to be euthanized. The owner has the right to appeal the permit revocation pursuant to Chapter 8.09 RCMC. [Ord. 7-2021 § 3 (Exh. A); Ord. 20-2014 § 8; Ord. 8-2009 § 5].
8.07.065 Animals designated by other jurisdictions.
Any person who wishes to keep, care for, or maintain an animal in the city that has been designated potentially dangerous or vicious, or a substantially equivalent designation, by another jurisdiction, shall report such designation to animal services. Such person shall apply and pay for the requisite permit to keep the animal in the city on the same terms as ordered or required by the other jurisdiction. Animals in violation of this section are subject to impoundment, fine or penalty, and/or humane destruction. Such owner shall have the right to a hearing to contest such violations as provided under Chapter 8.09 RCMC. [Ord. 7-2021 § 3 (Exh. A)].
8.07.070 Destruction – Nondestruction – Conditions.
A. An animal determined to be vicious, within the meaning of RCMC 8.01.110, may be destroyed by animal services when it is found, after proceedings conducted under RCMC 8.09.050, that the release of the animal would create a significant threat to the public health, safety, and welfare.
B. If it is determined that an animal found to be vicious shall not be destroyed, the hearing officer shall impose conditions upon the ownership of the animal that protect the public health, safety, and welfare. [Ord. 8-2009 § 5].