Chapter 6.03
DANGEROUS DOGS
Sections:
6.03.010 Dangerous dog registration.
6.03.020 Dangerous dog excuse of conduct.
6.03.030 Declaration – Findings of probable cause.
6.03.040 Declaration – Service to owner in writing.
6.03.050 Declaration – Information required.
6.03.060 Declaration – Appeal – Procedure.
6.03.070 Impoundment pending appeal.
6.03.080 Impoundment – Dangerous or potentially dangerous dog.
6.03.090 Impoundment/destruction – Biting.
6.03.100 Dangerous and potentially dangerous dog additional requirements.
6.03.010 Dangerous dog registration.
A. No owner may keep a dangerous or potentially dangerous dog without a license issued under this chapter. The license shall be acquired within 14 days from the order giving rise to the classification or determination by the Hearing Examiner.
B. Such license shall be issued on an annual basis and shall not be prorated. The annual license period shall begin January 1st and end December 31st of each calendar year. It shall be the duty of each owner to obtain a current license for a dangerous or potentially dangerous dog prior to January 31st of each licensing period, or the cost of license shall be doubled.
The annual fee to license a dangerous dog shall be $500.00 and $250.00 for potentially dangerous dogs, or as otherwise determined by City Council resolution.
C. The City will issue a dangerous dog license (which is considered a certificate under RCW 16.08.080(6)) to the owner of a dangerous dog, upon payment of the fee set forth in subsection (B) of this section if the owner presents to the authority sufficient evidence of:
1. A proper enclosure to confine a dangerous dog that must pass inspection by the City’s Animal Control Authority; and
2. The posting of the premises with clearly visible warning signs on all sides of the property that there is a dangerous dog on the property, and a sign with a warning symbol that informs children of the presence of a dangerous dog; and
3. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the City, in the sum of at least $250,000, payable to any person injured by the dangerous dog; or
4. A policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000, insuring the owner for any personal injuries inflicted by the dangerous dog. A certification issued to satisfy the insurance requirements of this chapter shall provide for written notice to the City within 30 days of cancellation, reduction of limits or termination of coverage; and
5. Permanent identification on the dog including microchip identification, a tattoo or other methods of identification acceptable to the Animal Control Authority; and
6. A muzzle to use when the dog is off the animal owner’s property.
7. The Animal Control Authority can certify for the owner the above requirements.
D. The City will issue a potentially dangerous dog license to the owner of a potentially dangerous dog, upon payment of the fee set forth in subsection (B) of this section, if the owner presents to the authority sufficient evidence of:
1. A proper enclosure or chain/cable and collar to confine a potentially dangerous dog that must pass inspection by the City’s Animal Control Authority; and
2. The posting of the premises with clearly visible warning signs on all sides of the property that there is a potentially dangerous dog on the property, and a sign with a warning symbol that informs children of the presence of a potentially dangerous dog; and
3. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the City, in the sum of at least $100,000, payable to any person injured by the potentially dangerous dog; and
4. A policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least $100,000 insuring the owner for any personal injuries afflicted by the dangerous dog. A certificate issued to satisfy the insurance requirements of this chapter shall provide for written notice to the City within 30 days of cancellation, reduction of limits, or termination of coverage; and
5. Permanent identification on the dog including microchip identification, a tattoo or other methods of identification acceptable to the Animal Control Authority; and
6. A muzzle to use when the dog is off the animal owner’s property;
7. The Animal Control Authority can certify for the owner the above requirements.
E. If an owner fails to license a dangerous or potentially dangerous dog within 14 days of the Animal Control Authority’s notice, or of the Hearing Examiner’s decision affirming the Animal Control Authority’s determination, the dog may be impounded.
F. Any dangerous or potentially dangerous dog which is impounded due to the failure of the owner or keeper of such dog to obtain the required license, and which remains impounded for a period of at least 14 days due to the failure of the owner or keeper to obtain such license, or renewal, may be destroyed in an expeditious manner by the Animal Control Authority. If the dog is destroyed, the owner will be assessed a fee equal to actual costs plus an administrative fee of 10 percent of the cost of destroying such dog.
G. The owner or keeper of a dangerous or potentially dangerous dog shall furnish the following information along with the appropriate licensing fee(s):
1. The animal’s age, weight, coloring, breed, and any other special identifying characteristics;
2. Two three-inch by five-inch color photographs or electronic images of the animal;
3. Proof of placement of a tattoo, consisting of the owner’s or keeper’s social security number, either inside the left ear or inside the upper left rear thigh of the dog or microchip identification;
4. Proof of current rabies vaccination for the animal;
5. A certification under the penalty of perjury that the animal has not been previously found to be a dangerous or potentially dangerous dog;
6. All licensing requirements as set forth in Chapter 6.02 AHMC. (Ord. C-669 § 21, 2008)
6.03.020 Dangerous dog excuse of conduct.
This chapter does not apply to dogs registered for use by law enforcement officials for police work, whether or not such animals are maintained at its handler’s residence, or to animals held in quarantine by a licensed veterinarian. Further, dogs shall not be declared potentially dangerous or dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog or was tormenting, abusing, or assaulting the dog or had, in the past, been observed and reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime. (Ord. C-669 § 22, 2008)
6.03.030 Declaration – Findings of probable cause.
The Animal Control Authority may find and declare an animal potentially dangerous or dangerous if it has probable cause to believe that the animal falls within the definitions set forth in AHMC 6.01.020(G) and (X). For the purposes of this chapter, probable cause may include:
A. The written complaint of a citizen who testifies that the animal has acted in a manner within the definitions in AHMC 6.01.020(G) and (X);
B. Dog bite reports filed by or with the Animal Control Authority as required by this chapter or state law;
C. Actions of the dog witnessed by any Law Enforcement Officer;
D. A verified report that the animal previously has been found to be either potentially dangerous or dangerous by any Animal Control Authority or Hearing Examiner; or
E. Other substantial evidence admissible in a court of law. (Ord. C-669 § 23, 2008)
6.03.040 Declaration – Service to owner in writing.
The declaration shall be in writing, and shall be served on the owner or keeper in one of the following methods:
A. Regular and certified mail, return receipt requested, to the owner’s or keeper’s last known address, if known;
B. Personally; or
C. If the owner or keeper cannot be located by one of the first two methods, by publication in a newspaper of general circulation. The owner or keeper of any animal found to be a potentially dangerous or dangerous dog under this chapter shall be assessed all service costs expended under this chapter. (Ord. C-669 § 24, 2008)
6.03.050 Declaration – Information required.
The declaration set forth in AHMC 6.03.040 shall state at least:
A. A description of the animal;
B. The name and address of the owner or keeper of the animal, if known;
C. The location of the animal if it is not in the custody of the owner or keeper;
D. The facts upon which the declaration is based;
E. The availability of a meeting with the Chief of Police in case the person objects to the declaration, with notice that the person may provide orally or in writing any reasons or information why the dog should not be declared dangerous. The declaration shall state that the meeting shall be held at a date, time and location within 15 days of the delivery of the declaration. The owner may propose an alternative meeting date and time, provided such meeting occurs within the 15-day time period set forth above. After such meeting, the final determination of the City will be issued within 15 calendar days in the form of an order. In the event the City declares the dog to be dangerous, the order shall recite the authority for the determination, the statements of facts and the signature of the person who made the determination. The order shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the owner’s last known address;
F. The restrictions placed on the animal as a result of the declaration, to include registration and controls required by this chapter including those specifically set forth in AHMC 6.03.010; and
G. The penalties for violation of the restrictions, including the possibility of destruction of the animal, and imprisonment or fining of the owner or keeper. (Ord. C-669 § 25, 2008)
6.03.060 Declaration – Appeal – Procedure.
A. An initial dangerous or potentially dangerous dog order may be appealed to the Hearing Examiner. An appeal must be filed with the Clerk-Treasurer within 14 days of receipt of the order, or within five days of the publication of the order. Failure to exhaust this administrative appeal process shall be a bar to further action in Superior Court.
B. A written request for appeal must contain the following:
1. Name and complete mailing address, phone number, and the name of others who intend to participate or testify in the appeal.
2. A brief statement setting forth the action that is being appealed, a statement of the error committed by the Animal Control Authority and a concise statement of facts upon which the appellant relies to sustain the statement of error.
3. The appeal letter shall be certified pursuant to RCW 9A.72.085;
I (insert name here), certify under penalty of perjury that the contents of this appeal statement are true and correct.
C. Hearing. If the appellant follows the procedure set out above, the appellant will be entitled to a hearing in front of the City of Airway Heights Hearing Examiner. The Hearing Examiner will set a date and time for hearing the appeal. The appellant will be notified by U.S. mail of the date and time the hearing is scheduled. At the hearing, the appellant will be entitled to present evidence and question witnesses.
D. If the Airway Heights Hearing Examiner finds:
1. That there is insufficient evidence to support the order, it shall be rescinded and the restrictions imposed thereby annulled. No costs shall be assessed.
2. That there is sufficient evidence to support the order, then it shall be affirmed and all costs of the appeal process, including attorneys’ fee(s), assessed against the owner or keeper.
E. Based on the evidence presented, the Hearing Examiner shall enter a final decision in writing which will be mailed to the appellant. This decision shall be final and conclusive unless the appellant or the City appeals the Hearing Examiner’s decision to the Spokane County Superior Court within 14 days of the date the decision was mailed.
F. If the appellant fails to file a written appeal of the order, or fails to attend the hearing before the Hearing Examiner, the appellant will have waived their right to appeal.
G. The City Manager shall appoint one or more Hearing Examiners to hear appeals relating to the interpretation and/or enforcement of this chapter.
H. The Hearing Examiner may not be a City employee and shall not be an employee of the City Attorney’s office.
I. The Hearing Examiner shall adhere to the rules of evidence recognized in the Administrative Procedures Act. Witnesses shall be sworn by the Hearing Examiner, the proceedings recorded and a written decision issued. (Ord. C-669 § 26, 2008)
6.03.070 Impoundment pending appeal.
Following service of a declaration of potentially dangerous or dangerous dog, and pending appeal under AHMC 6.03.060, the Animal Control Authority may, if circumstances require, impound the animal at the owner’s or keeper’s expense, pursuant to the provisions of this chapter. The City shall be responsible for all fees incurred if the Hearing Examiner determines that the dog in question is not a potentially dangerous or dangerous dog. (Ord. C-669 § 27, 2008)
6.03.080 Impoundment – Dangerous or potentially dangerous dog.
A. An Animal Control Officer shall immediately impound a dangerous or potentially dangerous dog if:
1. It is a dangerous dog and is running at large, or outside the dwelling of its owner, or outside the proper enclosure, and not under physical restraint of a responsible person and properly muzzled, meaning that a dog must wear a muzzle that prevents it from biting any person or animal, but which is made in a manner that does not cause injury to the dog or interfere with its vision or respiration; or
2. It is a potentially dangerous dog and is running at large, or outside the dwelling of its owner, or outside the proper enclosure or not secured on the owner’s property by a chain/cable and collar, and not under physical restraint of a responsible person and properly muzzled, meaning that a dog must wear a muzzle that prevents it from biting any person or animal, but which is made in a manner that does not cause injury to the dog or interfere with its vision or respiration; or
3. Its owner does not have the liability insurance required by AHMC 6.03.010; or
4. A dog, not previously declared dangerous or potentially dangerous, if it engages in behavior which would qualify the dog as potentially dangerous pursuant to AHMC 6.01.020(X).
B. When a dog is placed in a shelter facility:
1. The owner has the responsibility to contact the shelter facility within 14 days of receipt of notice and to make payment of the boarding fee set by the City’s contracting agent. Payments of boarding fees must be made in advance in 14-day minimum increments and must continue for the entire time the dog is placed in the shelter facility regardless of the owner’s decision to appeal to the Hearing Examiner or to the Superior Court.
2. A license is not issued, and the dog is not released, until the owner has paid the full boarding fee owing to the shelter facility unless pursuant to AHMC 6.03.070 the dog is not determined to be dangerous or potentially dangerous. (Ord. C-669 § 28, 2008)
6.03.090 Impoundment/destruction – Biting.
If a dangerous dog is impounded by the Animal Control Authority, notice shall be given to the owner pursuant to RCW 16.08.100(1). Following notice, the procedures in RCW 16.08.100(1), as amended, shall be followed, including humane destruction. Any such animal which cannot be caught by the Animal Control Authority may be destroyed by such official if no other reasonable means of capture is available for such animal and it continues to be a threat to persons or domestic animals. Reasonable means of capture may include the use of tasers or tranquilizers which, depending upon the animal’s age, size and physical condition, may cause death. The owner or keeper of any dangerous dog impounded and destroyed pursuant to this section shall be assessed, in addition to the actual costs of the quarantine, a civil penalty in the amount of $10.00 per day for each day such dangerous dog is quarantined by the Animal Control Authority and in the amount equal to actual cost plus a 10 percent administrative fee for the cost of destroying such dangerous dog. (Ord. C-669 § 29, 2008)
6.03.100 Dangerous and potentially dangerous dog additional requirements.
A. It is unlawful for an owner or keeper of a potentially dangerous dog or dangerous dog to permit such animal to be outside the proper enclosure, unless the dog is muzzled and restrained by a substantial chain or leash not longer than 48 inches and under the physical control of a person 18 years of age or older who is capable of restraining such animal. The muzzle shall be constructed so that it will not cause injury to the dog or interfere with its vision or respiration. Such muzzle shall be constructed so that it will prevent the dog from biting any person or animal. Such dogs shall not be leashed or otherwise tied or tethered to inanimate objects, such as trees, posts, buildings, mail boxes, newspaper vending machines, and the like. Dangerous dogs shall wear a bright orange collar, not less than two inches in width, at all times.
B. It is unlawful for any person under the age of 18 years to own or keep a potentially dangerous or dangerous dog within the City limits.
C. It is unlawful for any person to own or keep more than one potentially dangerous or dangerous dog within the City limits.
D. It is unlawful to transfer ownership of a potentially dangerous or dangerous dog unless the recipient has complied with requirements of this chapter for such animal.
E. It is unlawful for the owner or keeper of any animal which is subject to any licensing requirements of the City to fail to report any bites or injuries suffered by any person or domestic animal as a result of an attack incident or other contact with such animal, regardless of the geographical location where such attack, incident or other contact occurs.
F. It is unlawful for any owner or keeper to fail to immediately notify the Animal Control Authority in writing of:
1. The removal from the City or death of any dog licensed under this chapter; or
2. The birth of an offspring of any dangerous dog; or
3. The new address of the owner or keeper of any dog licensed under the chapter should such person move within the City limits. (Ord. C-669 § 30, 2008)
6.03.110 Immunity.
The City, the Animal Control Authority, and any Animal Control Officer executing the responsibilities set forth in this chapter shall be immune from all civil liability for an action or actions taken pursuant to this chapter, or for failure to take action to enforce the provisions of this chapter. It is not the purpose or intent of this chapter to create on the part of the City, its officers, employees, agents, or volunteers a special duty or relationship toward a specific class of individuals. This chapter has been enacted for the safety and welfare of the public as a whole. (Ord. C-669 § 31, 2008)