Chapter 6.08
DOG CONTROL
Sections:
6.08.020 License – Fees – Renewal.
6.08.030 License – Tag – Replacement fee.
6.08.040 License – Transfer of ownership.
6.08.060 Impoundment procedure – Generally.
6.08.070 Impoundment – Entry on premises.
6.08.090 Impoundment – Redemption – Disposition.
6.08.100 Control of rabid or potentially rabid animals.
6.08.110 Infractions – Penalty.
6.08.115 Lincoln Park – Designated off-leash area.
6.08.120 Misdemeanors – Penalty.
6.08.130 Potentially dangerous or dangerous dog – Declaration.
6.08.140 Potentially dangerous or dangerous dog declaration – Appeal.
6.08.150 Potentially dangerous dog – Restrictions – Violation.
6.08.160 Potentially dangerous or dangerous dog – Disposition hearing.
6.08.170 Dangerous dogs – Restrictions – Violation.
6.08.010 License – Required.
A. 1. Dogs over four months of age that are kept or harbored within the city are required to have a license.
2. Before a license is issued for any dog, the owner must certify under penalty of perjury that the dog has been vaccinated against rabies. A certification of vaccination signed by an accredited veterinarian, and showing that the vaccination does not expire prior to the expiration date of the license, must be provided upon request.
B. Licenses and license renewals may be obtained from the animal control authority, or one of its properly licensed agencies, one of which must be within the city limits of Blaine.
C. Pet shops, veterinarians, kennels, pet grooming businesses and pet supply stores may, at the discretion of the animal control authority, obtain permission to operate a dog licensing agency. Such agencies may retain $1.00 of the license fee per license or renewal processed. The remainder of all fees collected shall be remitted to the animal control authority along with a completed licensing form for each dog.
D. Licenses must be purchased by the owner or keeper of a dog within 10 days of residency within the city limits. Licenses for dangerous dogs must be purchased within one business day of residency within the city limits.
E. Dangerous, potentially dangerous, guard and attack dogs shall be licensed or registered solely by the animal control authority. (Ord. 2505, 2001; Ord. 2485 § 1, 2001; Ord. 2313 § 2, 1997)
6.08.020 License – Fees – Renewal.
A. The animal control authority shall issue dog licenses that shall be valid for one year from the date of purchase. Renewal licenses shall be due on the last day of the twelfth month following the date of purchase of the previous license. The animal control authority is authorized to issue the following categories of dog licenses and assess fees in accordance with the fee schedule established by a resolution of the city council:
1. Unsterilized male or female dogs;
2. Sterilized male and female dogs.
B. A late fee will be assessed against any person failing to obtain or renew a license within 30 days of a warning citation being delivered by an animal control authority officer. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)
6.08.030 License – Tag – Replacement fee.
A. Each licensed dog shall be provided by the owner or keeper with a suitable collar which shall be worn by the animal at all times when not upon the premises of its owner or keeper. A license tag provided by the animal control authority for the current licensing year shall be affixed to the collar or harness. Tags may be temporarily removed during officially sanctioned dog training, dog shows and dog matches. The tag shall be in the immediate possession of the dog handler.
B. Replacement license tags may be obtained. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)
6.08.040 License – Transfer of ownership.
Whenever the ownership of a dog changes, the new owner shall notify the licensing agency within 30 days and shall pay a fee established by a resolution of the city council to the animal control authority, whereupon the animal control authority shall change the records and the previously issued license shall remain valid for the remainder of the year. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)
6.08.050 Warning.
The animal control authority is authorized to promulgate a “written warning” form subject to approval by the director of public safety. Copies of all “written warnings” issued by the animal control authority will be forwarded to the public safety department within 10 days of issuance. Nothing in this section will preclude the municipal prosecutor from filing any information for a violation in which a person was issued a written warning by an animal control officer. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)
6.08.060 Impoundment procedure – Generally.
A. Dogs may be taken into the care and custody of the animal control authority in any of the following situations:
1. When a dog is off the premises of its owner or keeper and not under the control of its owner, keeper or other authorized person. This prohibition shall not apply to any areas designated by the city manager for off-leash training or exercise;
2. If the dog has no current license tag, and is not in the presence of its owner, keeper or other authorized person;
3. If any dog is on public property or the private property of another and the caretaker or said private property owner requests in writing that the dog be removed; provided, that the owner or keeper of the dog(s) cannot be located in a timely manner or is unknown. Such written request shall state the reason why removal is requested;
4. When a dog is brought to the animal shelter by a private citizen who has found the dog;
5. When a dog has been declared potentially dangerous or dangerous pursuant to this title and/or state law, and the dog is again at large or has otherwise violated the restrictions placed upon it;
6. When any dog has been subjected to cruel treatment as defined by RCW 16.52.0170 and/or the provisions of this title; provided, that removal is necessary for the immediate safety and well being of the animal;
7. When the dog’s owner or keeper is incapable or unable to continue to care for it because of incarceration, severe illness, death, house fire or other emergency circumstances and an agent for the owner cannot be readily located;
8. When a dog has bitten a person, breaking or puncturing the skin, and the owner and/or keeper is unable, incapable or unwilling to provide the 10-day quarantine requirements. If such a dog is found at large the owner will be deemed unable to quarantine and it will be impounded.
B. Forthwith, following impoundment, the animal control authority shall notify the owner or keeper, if known, of its impoundment, using whatever reasonable means possible. If the dog’s owner is unknown or cannot be located, the information and description of the animal shall be available at the animal shelter during regular business hours.
C. All owners or keepers claiming impounded animals of any kind shall provide identification and shall sign a statement that verifies they are the owner, keeper or authorized agent of the owner. Names, street or road addresses, city and phone numbers (if available) will be required. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)
6.08.070 Impoundment – Entry on premises.
An animal control officer in hot pursuit of a dog known to be a dangerous or potentially dangerous dog, or reasonably suspected of being dangerous to persons other than wrongful trespassers upon his owner’s premises, may enter the premises of the owner and demand possession of such animal and if, after request therefor, the owner or keeper of the dog shall refuse to deliver the dog to the officer and the officer cannot with reasonable safety catch the animal, he may then obtain a search warrant authorizing the seizure and impoundment of the dog. The officer shall not enter the residence of the owner without permission or a warrant. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)
6.08.080 Impoundment – Fees.
A. For every animal impounded pursuant to this chapter, there shall be paid to the animal control authority, by any person desiring to redeem such animal, fees as established by a resolution of the city council.
B. In addition to the impoundment fee, the animal control authority may require payment of a per day per animal cost for boarding in accordance with the fee schedule established by a resolution of the city council. The fee shall be paid prior to the release of the animal. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)
6.08.090 Impoundment – Redemption – Disposition.
A. Redemption of Animal by Owner.
1. Unless otherwise provided in this chapter, the owner of an impounded animal may claim the same at any time prior to adoption, sale or disposal by the animal control authority and shall be entitled to possession thereof upon payment of all legal charges and expenses incidental to the impoundment, boarding, and keeping of the animal.
2. Any unaltered animal impounded more than once within a 12-month period shall be spayed or neutered by the animal control authority prior to the release of the animal, except as provided by subsection D of this section. The cost of the spay or neuter shall be charged to the owner.
B. Disposition of Animals. Any animal not redeemed by its owner within five days of the impoundment, not including Sundays, legal holidays or days that the animal shelter is closed, may be humanely destroyed by an approved method, or may be placed for adoption with a new owner; provided, that the new owner agrees in writing to surgically sterilize the animal and agrees that the animal will not be used, sold, or donated for experimental purposes, and provides proper licensing.
C. Disposition of Sick or Injured Dog. When, in the judgment of a licensed veterinarian or the animal control authority, an animal that has been impounded should be destroyed for humane reasons, the animal may be destroyed before the expiration of the required holding period. Such cases must be documented in writing by the animal control authority.
D. Redemption of Unaltered Dog. The owner of an unaltered dog that has been impounded more than once within a 12-month period may, within 72 hours of impoundment, request a hearing before the animal control authority. If, after consideration of all relevant evidence, the animal control authority determines that the owner has shown good cause to excuse the circumstances leading to the impoundment of the dog, the dog may be released without being subject to the spaying or neutering requirements of subsection (A)(2) of this section. If good cause is found, the animal control authority may, however, condition the return of the dog in an unaltered state upon the owner’s fulfillment of reasonable conditions designed to avert future incidents. The owner may, upon written notice given to the animal control authority and the hearing examiner within 72 hours of the animal control authority’s decision, appeal the animal control authority’s decision to the hearing examiner, whose review shall be limited to whether the animal control authority’s decision was arbitrary or capricious. The filing of a request for a hearing or appeal, upon notice to the animal control authority, shall stay the 72-hour redemption period of this section until the completion of the hearing or appeal. (Ord. 2534 § 1, 2002; Ord. 2505, 2001; Ord. 2313 § 2, 1997)
6.08.100 Control of rabid or potentially rabid animals.
A. An animal which may transmit disease through its bite, which bites and breaks the skin of any person, shall be quarantined for a 10-day period to determine if the animal is infected with a disease. The place of quarantine shall be established by the animal control authority, and the animal control authority may, in its discretion, allow the owner and/or keeper of the animal to maintain the quarantine.
B. Quarantine Procedure.
1. Any animal that has bitten a human and broken the skin, regardless of provocation or previous inoculation for diseases, shall be contained for a period of not less than 10 days, in such a manner that it is segregated from any other animals and the possibility of coming into contact with other animals and humans except for the caretaker.
2. If the owner and/or keeper is unable or unwilling to confine the animal, or if the animal control authority determines from the prior history of the animal or owner that confinement is not likely, the animal may be quarantined at the animal shelter or a veterinarian and/or boarding kennel of the owner’s choice; provided, that the costs to board the dog shall be borne by the owner, if in a location other than the owner’s residence.
3. Should the animal during the observation period manifest any unusual behavior or develop symptoms of illness or die, the owner or veterinarian shall immediately notify the animal control authority or the county health department of that condition.
C. In all cases where any animal, which has bitten a person or caused an abrasion or puncture of the skin, is slain by any person or dies by other means, and a period of 10 days has not elapsed since the day of the bite, it shall be the duty of any person slaying such animal or other owner to forthwith deliver intact the head of such animal to the county health officer. The animal control authority shall be notified in such cases.
D. It shall be the duty of every medical doctor, hospital, or other applicable health official to report all dog bites that break the skin, regardless of provocation factors or previous inoculation record of the animal. Such report shall be made to the animal control authority, as promptly as possible so that quarantine procedures can be instituted in a timely fashion. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)
6.08.110 Infractions – Penalty.
A first offense conviction of any of the following provisions is an infraction penalized by a monetary penalty of no greater than $150.00. Subsequent violations shall be Class C misdemeanors and shall be subject to a maximum penalty of $500.00 per violation.
A. It is unlawful to keep or harbor a dog over four months of age within the city unless a dog license has been procured.
B. It is unlawful for any person other than the owner, his agent, or a city official or their designees to remove the license tag from any dog.
C. It is unlawful for the owner of any dog to cause, permit, or allow such dog to roam, run, stray, or to be away from the premises of such owner unless the dog is under control as defined in BMC 6.04.030(V).
D. It is unlawful for the owner or handler of any dog to fail to remove fecal matter deposited by their animal on public property or public easement before the owner leaves the immediate area where the fecal matter was deposited.
E. It is unlawful for the owner or handler of any dog to fail to have in their possession the equipment necessary to remove their dog’s fecal matter when accompanied by said dog on public property or public easement.
F. It is unlawful for the owner or keeper of any dog to permit such dog to enter a place where food is stored, prepared, served or sold to the public; provided, this section shall not apply to dogs trained to aid the handicapped or dogs used by governmental agencies for law enforcement or rescue purposes.
G. It is unlawful to harbor or keep a dog which frequently or habitually howls, barks, or makes other loud noises or unreasonably annoys or disturbs another person.
H. It is unlawful for the owner or keeper of any dog to allow such dog to chase cars, motorcycles, bicycles, or any other vehicle.
I. It is unlawful for a potentially dangerous dog or dangerous dog to be without an implanted identifying microchip provided by the animal control authority. (Ord. 2534 § 2, 2002; Ord. 2505, 2001; Ord. 2313 § 2, 1997)
6.08.115 Lincoln Park – Designated off-leash area.
Lincoln Park is designated as an “off-leash area” and notwithstanding the provisions of BMC 6.08.110(C), the owner or keeper of a dog may allow the animal off-leash so long as it is under voice control and is restrained to the owner or keeper’s immediate physical presence and prevented from trespassing upon property outside of Lincoln Park or annoying or chasing other persons, animals, or vehicles of any sort. This section shall not apply to allow dogs as defined as “dangerous” under BMC 6.04.030(H) or “potentially dangerous” under BMC 6.04.030(S) off-leash. (Ord. 2505, 2001)
6.08.120 Misdemeanors – Penalty.
Any violation of the following provisions shall constitute a Class B misdemeanor and shall be punishable by a fine not to exceed $1,000 and/or imprisonment for a period not to exceed 90 days:
A. It is unlawful for an owner or keeper to refuse to quarantine or permit the quarantine of any animal when and as required by state law and this chapter.
B. It is unlawful for the owner of any animal, when notified that such animal has bitten any person or has so injured any person as to cause abrasion or puncture of the skin and is subject to quarantine, to sell, kill, or give away such animal to be taken beyond the city limits, except to a veterinary hospital.
C. It is unlawful for the owner of any animal who has bitten any person or has so injured any person as to cause abrasion or puncture of the skin, to fail to notify the animal control authority of the bite and the location of the animal immediately upon knowledge of the incident. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)
6.08.130 Potentially dangerous or dangerous dog – Declaration.
A. The animal control officer may find and declare a dog potentially dangerous or dangerous if the officer has probable cause to believe that the dog falls within the definitions set forth in BMC 6.04.030(H) and (S). The declaration must be based upon:
1. The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of BMC 6.04.030(H) or (S); or
2. Dog bite reports filed with the animal control officer as required by city ordinance or state law; or
3. Actions of the dog witnessed by any animal control officer or law enforcement officer; or
4. Other substantial evidence admissible in the municipal court.
B. The declaration shall be in writing, and shall be served by the animal control officer on the owner or keeper in one of the following methods:
1. Certified mail to the owner or keeper’s last known address; or
2. Personally; or
3. If the owner or keeper cannot be located by one of the first two methods, by publication in a newspaper of general circulation.
C. The declaration shall contain the following information:
1. Name and address of the owner or keeper of the dog;
2. A description of the dog;
3. Whereabouts of the dog;
4. Facts upon which the declaration is based;
5. Restrictions placed upon the dog;
6. Penalties for violation of the restrictions, including possibility of destruction of the animal and fine and/or imprisonment of owner or keeper pursuant to BMC 6.08.150(D);
7. Availability of a hearing to contest the declaration by submitting a written request to the municipal court clerk within five business days of receipt of the declaration.
D. Dogs shall not be declared 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 of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)
6.08.140 Potentially dangerous or dangerous dog declaration – Appeal.
A. If the owner or keeper of the dog wishes to object to the declaration of potentially dangerous or dangerous dog, the owner or keeper may request a hearing before the municipal court judge by submitting a written request to the clerk of the court.
B. The written request for a hearing must be filed within five business days of receipt of the declaration, or within five business days of publication, and shall contain the following:
1. A brief statement that protests the action and gives reasons it should be reversed or modified; and
2. Names, addresses, and phone numbers of any witnesses who will appear on the dog owner’s behalf; and
3. Current day phone number where owner or keeper can be contacted.
C. If the owner or keeper does not file a timely written request for hearing, the restrictions imposed in connection with the declaration shall remain in effect for the life of the animal, unless lifted by an animal control authority action or a court of competent jurisdiction.
D. The municipal court, upon receipt of the request, will set a hearing date and send notice to the parties. It shall be the responsibility of the parties to notify witnesses of the hearing date. If the appellant or his/her representative fails to appear for the hearing, except for a verifiable emergency, the declaration stands.
E. At the hearing, it shall be the burden of the animal control authority to establish by a preponderance of the evidence that the dog is a potentially dangerous dog as defined in BMC 6.04.030(S), or a dangerous dog as defined in BMC 6.04.030(H).
F. Following the hearing, if the court finds a preponderance of evidence to support the declaration, it shall uphold the declaration, impose court costs not to exceed $500.00 on the appellant, and may impose additional restrictions on the dog; if the court finds insufficient evidence to support the declaration, it shall be rescinded and the restrictions annulled.
G. Following service of a declaration of potentially dangerous dog, and pending any appeals, the animal control authority may, if circumstances require, seize and impound the dog at the owner or keeper’s expense as provided in BMC 6.08.060, until a court orders either its redemption or destruction. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)
6.08.150 Potentially dangerous dog – Restrictions – Violation.
A. Following a declaration of potentially dangerous dog and dangerous dog and pending any appeal of that declaration, it is unlawful for an owner or keeper of a potentially dangerous dog to permit it:
1. To be away from the premises of the owner or keeper unless the animal is securely muzzled and leashed, and under the control of a person 18 years of age or older, physically able to restrain and control the animal. The owner of the dog shall permit the animal control authority to implant an identifying microchip in the dog and shall not remove nor cause to be removed said microchip per BMC 6.08.110(I).
2. While on the premises of the owner or keeper, to be other than securely confined inside a residential or nonresidential building as determined by the animal control authority, or a kennel, or pen, which has secure sides, bottom, and top. Said residential or nonresidential building, kennel, or pen shall be kept locked; or
3. To fail to comply with any other restrictions imposed on the keeping of a potentially dangerous dog by the municipal court, or any other court with jurisdiction.
B. Facilities and enclosures for potentially dangerous and dangerous dogs shall be subject to inspection at any time. The failure of any owner, keeper or person in charge of a potentially dangerous and dangerous dog who fails to permit such an inspection shall constitute a violation of this section.
C. The owner of a dog that has been classified as dangerous or potentially dangerous shall immediately notify the animal control authority when such dog dies, is sold, given away or moves to another address. Prior to a dangerous or potentially dangerous dog being sold or given away, the current owner shall provide to the animal control authority the name, address and telephone number of the new owner. The new owner shall comply with all requirements of this section. Failure to comply with this section shall constitute a violation.
D. Any person who violates any of the provisions of this section shall be guilty of a gross misdemeanor, and the penalty shall be a fine of not more than $5,000, or imprisonment not exceeding one year, or both such fine and imprisonment. (Ord. 2534 § 3, 2002; Ord. 2505, 2001; Ord. 2313 § 2, 1997)
6.08.160 Potentially dangerous or dangerous dog – Disposition hearing.
If there is probable cause to believe that a dog which has been declared potentially dangerous or dangerous is in violation of any restrictions of BMC 6.08.150 or of BMC 6.08.170, the animal control authority may file a petition requesting disposition of the dog. Upon the filing of said petition:
A. The owner or keeper of the dog shall be served with the petition and a notice to appear in municipal court. Service may be effected as provided in BMC 6.08.130(B). Attendance at this appearance is mandatory. Failure of the owner or keeper of the dog to attend after being served with notice is a misdemeanor punishable as provided in BMC 6.08.120.
B. At a hearing on the petition, the animal control authority has the burden of establishing by a preponderance of the evidence that the dog was in violation of restrictions as provided in BMC 6.08.150 or 6.08.170. This determination is made by the court sitting without a jury. This section provides a civil action in addition to the criminal action prosecuted in BMC 6.08.150 for violation of the restrictions.
C. Following the hearing, the court may rule that:
1. There is insufficient evidence to support the allegation made, whereupon the animal will be released to its owner subject to any restrictions previously imposed; or
2. There is sufficient evidence to establish by a preponderance of evidence that the dog was in violation, and the dog shall be promptly disposed of by the animal control authority; or
3. There is sufficient evidence to establish by a preponderance of evidence that the dog was in violation, and the dog shall be declared dangerous and subject to the restrictions on dangerous dogs as provided in Chapter 16.08 RCW.
D. The provisions of this chapter shall not apply to any dog utilized by any law enforcement agency for law enforcement purposes. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)
6.08.170 Dangerous dogs – Restrictions – Violation.
Any person violating any of the following provisions is guilty of a gross misdemeanor punishable by a maximum fine of $5,000 and/or imprisonment not to exceed up to one year in the county jail in accordance with RCW 16.08.100(1):
A. It is unlawful for an owner to have a dangerous dog or a guard or attack dog in the city without a certificate of registration as required by Chapter 16.08 RCW.
B. It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper enclosure as defined in Chapter 16.08 RCW, unless the dog is muzzled and restrained by a substantial chain or leash and under the control of a person 18 years of age or older, physically able to restrain and control the animal. The owner of a dangerous dog shall further be required to post the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning signal that informs children of the presence of a dangerous dog.
C. A dangerous dog may be immediately confiscated by the animal control authority if (1) the dog is not validly registered under Chapter 16.08 RCW; or (2) the owner fails to maintain the liability insurance required under Chapter 16.08 RCW; or (3) the dog is not maintained in the proper enclosure; or (4) the dog is outside the proper enclosure and not under physical restraint as required by subsection B of this section. Facilities and enclosures for dangerous and potentially dangerous dogs are subject to inspection at any time.
D. In addition to the regular dog licensing fees, the registration fee for each dangerous dog and each location for a dog shall be assessed by the animal control authority in accordance with a fee schedule as set forth by a resolution of the city council.
E. The owner of a dog that has been classified as dangerous shall immediately notify the animal control authority when such dog dies, is sold, given away, or moves to another address. Prior to a dangerous dog being sold or given away, the current owner shall provide to the animal control authority the name, address and telephone number of the new owner. The new owner shall comply with all requirements of this chapter.
F. The violation of any of the provisions of this section shall be a gross misdemeanor punishable by a maximum fine of $5,000 and/or imprisonment not to exceed up to one year in the county jail in accordance with RCW 16.08.100(1). (Ord. 2505, 2001; Ord. 2313 § 2, 1997)