Chapter 6.08
DOGS*
Sections:
6.08.015 Animal control officer—Employee.
6.08.020 License—Required—Term.
6.08.030 License—Exemption—Seeing-eye dogs.
6.08.060 Offenses relating to licensing.
6.08.070 Detainment and disposal.
6.08.080 Offenses relating to safety and sanitation.
6.08.090 Offenses relating to ownership, possession, and control.
6.08.095 Violation—Penalty—Dogs running at large.
6.08.100 Dangerous dogs and potentially dangerous dogs—Registration required.
6.08.105 Potentially dangerous dogs—Confiscation.
6.08.110 Dangerous dogs—Confiscation.
6.08.120 Dangerous dogs and potentially dangerous dogs—Dog bites, penalty and affirmative defenses.
6.08.130 Dangerous dogs or potentially dangerous dogs—Notification of declaration.
6.08.140 Appeal of animal control authority determination.
6.08.150 Appeal of animal control authority decision to confiscate or destroy.
* For statutory provisions authorizing city councils to license dogs and prohibit dogs from running at large, see RCW 35.27.370(7). Prior ordinance history: Ords. 252, 297, 316, 372 and 515.
6.08.010 Definitions.
As used in this chapter, except where a different meaning is plainly apparent from the context, the definitions set out in this section apply:
“Administrative fee” means the charge levied by the city for apprehending an animal and placing it in its custody.
“Alter” means to permanently render an animal incapable of reproduction for medical reasons, whether or not surgically altered.
“Animal control authority” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be amended, and includes the Bridgeport animal control department.
“Animal control officer” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be amended.
“Animal shelter” means a place where seized, impounded, and/or detained animals are kept.
“City” means the city of Bridgeport.
“County health department” shall mean the jurisdictional county health department or health district.
“Dangerous dog” means as the same is defined in RCW 16.08.070 as the same exists now or may hereafter be amended.
“Department” means the Bridgeport animal control department or a qualified entity contracted with the city to perform the services of the humane society and animal shelter.
“Detain” means to apprehend and/or keep an animal in custody.
“Director” means the Bridgeport animal control officer or the director of the humane society.
“Disposed of in a humane manner” means adopted or euthanized by an overdose of sodium pentobarbital.
“Harboring” means allowing any animal to remain or be lodged, fed or sheltered on property one owns, occupies or controls for more than twenty-four hours.
“Holding period” means seventy-two hours, commencing at one a.m. following the date of detainment of any animal excluding any day the animal shelter or other facility for detainment is not open to the public.
“Humane officer” means any employee of the Bridgeport animal control department or any employee of a qualified entity contracted with the city to perform services of the humane society and shall also mean any animal control officer.
“Humane society” means any organization, whether private or public, that the city may contract with for the control of animals within the city limits and for the enforcement of this chapter and also means animal control authority.
“Municipal court” means Bridgeport municipal court.
“Owner” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be amended.
“Permit” means human conduct in relation to an owned animal which is intentional, deliberate, careless, inadvertent or negligent.
“Potentially dangerous dog” means as the same is defined in RCW 16.08.070 as the same exists now or may hereafter be amended.
“Proper enclosure of a dangerous dog” means as the same is defined in RCW 16.08.070 as the same exists now or may hereafter be amended.
“Severe injury” means as the same is defined in RCW 16.08.070 as the same exists now or may hereafter be amended.
“Trespassing” means an animal which enters upon the property of another person without the authorization of the lawful occupant. (Ord. 677 § 1, 2017; Ord. 535 § 1, 2003)
6.08.015 Animal control officer—Employee.
To the extent the “animal control officer,” as that term is defined in this chapter, is an appointed individual or individuals and not a third party contracted entity, the animal control officer or officers shall be considered employees of the city for all purposes pursuant to Washington State law. (Ord. 597 § 1, 2009)
6.08.020 License—Required—Term.
Any person, firm or corporation keeping or owning a dog within the city limits shall purchase from the clerk-treasurer a dog license, which license shall be placed on and kept on such dog at all times. Such license will be an annual license from January 1st of each year until the end of the year and shall be purchased and placed on each dog prior to March 1st of each year. License renewals purchased on March 1st or thereafter in any given calendar year shall be double the standard license fee. Dogs brought into the city limits from other locations shall be required to be licensed at the time such dog is brought into the city. Annual license fees shall not be prorated. Puppies shall be required to be licensed when they are weaned. License fees shall be in amounts established by city council resolution. (Ord. 689 § 1, 2018: Ord. 535 § 1, 2003)
6.08.030 License—Exemption—Seeing-eye dogs.
A seeing-eye dog, properly trained and actually in use by a blind person, shall not require a dog license, provided such seeing-eye dog is registered with the city clerk-treasurer. (Ord. 535 § 1, 2003)
6.08.040 Rabies control.
A. All dogs over the age of six months or dogs with a full set of canine teeth shall have a current rabies vaccination administered by a licensed veterinarian. An owner or custodian acquiring a dog shall have such dog inoculated against rabies within thirty days after the dog reaches six months of age. Any person moving into the city from a location outside of the city shall comply with this section thirty days after having moved into the city.
B. A current rabies vaccination means that a dog vaccinated between three months and one year shall be revaccinated within one year of the vaccination and shall be revaccinated at least every three years thereafter. Any dog, cat or other animal that has bitten any person shall be immediately confined for a period of ten days. No animal under confinement shall be released from confinement until such release has been approved by the director.
C. It is unlawful for the owner or custodian of any dog, cat or other animal that has bitten any person to destroy such animal before it can be properly confined by an animal control officer. The location of such confinement shall be determined by the animal control officer and shall be at the sole expense of the owner or custodian. The owner or custodian of any animal that has been reported as having inflicted a bite on any person shall, on demand of the animal control officer, produce such animal for examination and quarantine as prescribed in this section. If the owner or custodian of any such animal refuses to produce such animal, and probable cause exists to support the contention that a person was bitten, the owner or custodian shall be subject to immediately appear before the judge of the municipal court who may order immediate production of the animal. If the owner willfully or knowingly secretes or refuses to produce the animal, each day of secretion or refusal to produce the animal shall constitute a separate and individual violation of this section.
D. When an animal under quarantine has been diagnosed as being rabid by a licensed veterinarian, the veterinarian making such diagnosis shall immediately notify the county health department and advise such department of any reports of human contact with such rabid animal. If any animal under quarantine dies while under observation the animal control officer shall immediately take action to obtain a pathological and inoculation examination of the animal. As soon as the diagnosis is made available, which shows the animal to be rabid, the animal control officer shall notify the county health department of any reports of human contact with the animal. Any animal which has not been inoculated against rabies and known to have been bitten by a rabid animal shall be humanely destroyed immediately.
E. Any veterinarian who diagnoses rabies in any animal shall report such fact to the animal control officer. The veterinarian shall determine, before any rabies inoculation is given, whether the subject animal is under quarantine or has inflicted a bite on any person within the last ten days.
F. In case of an outbreak of rabies constituting an emergency situation the director shall be authorized to impose strict regulations pertaining to animals within the city limits. (Ord. 535 § 1, 2003)
6.08.050 Enforcement.
The city may, if feasible, contract with a qualified humane society entity to perform the services as set forth in this chapter. Such humane society shall have concurrent jurisdiction to supervise and enforce the provisions of this chapter with the director. Should the city not contract with a qualified entity to perform the services of the humane society, the director shall continue to perform the services of supervision and enforcement. Wherever the term “humane officer” is used in this chapter, the same shall also apply to the officers of the Bridgeport contracted law enforcement agency, currently the Douglas County sheriff’s department, thereby providing the contracted law enforcement agency with enforcement authority. Contracted law enforcement agency officers may be referred to in this chapter as police officers. (Ord. 535 § 1, 2003)
6.08.060 Offenses relating to licensing.
It is unlawful for the owner of an animal to do any of the following:
A. Fail to obtain the license required by this chapter;
B. Fail to display, conspicuously, a license identification tag on the licensed animal;
C. Fail to show the license upon request of any animal control officer or police officer. (Ord. 535 § 1, 2003)
6.08.070 Detainment and disposal.
A. No detained animal shall be released to the owner until all applicable fees assessed by the city are paid.
B. The director shall ascertain whether any detained animal is currently licensed and if so shall notify the licensee by letter that such animal has been detained and may be redeemed upon payment of applicable fees.
C. Anyone claiming a detained animal must prove ownership to the satisfaction of the director before redeeming the animal.
D. Injured, diseased or wild animals need not be detained for the holding period, but may be disposed of in a humane manner at any time at the discretion of the director.
E. Any animal which is detained by the director may be held at the animal shelter or other place appropriate for the animal. The director shall post a notice of detainment at the shelter and shall attempt to determine ownership of an animal. If at the end of the holding period no owner has claimed the animal, the director shall dispose of the animal in a humane manner.
F. A boarding fee for every twenty-four-hour period or part thereof for the care and feeding of the animal shall be charged to the owner commencing at the close of business on the day that the animal is detained.
G. The director or the county health department may direct the detention of animals suspected of having rabies. The animals shall be held until their release is approved by the director or the county health department and all applicable fees are paid.
H. An administrative fee shall be paid by any person claiming possession of an animal detained by the city.
I. All fees referred to in this section shall be as established by resolution of the city council. (Ord. 535 § 1, 2003)
6.08.080 Offenses relating to safety and sanitation.
It is unlawful for an individual to do any of the following:
A. Allow the accumulation of animal feces in any open area, run, cage or yard, wherein animals are kept.
B. Fail to remove from public property that fecal matter deposited by his or her animal on public property before the owner leaves the immediate area where the fecal matter was deposited.
C. Fail to have in his or her possession the equipment necessary to remove his or her animal fecal matter when accompanied by such animal on public property or on a public easement.
D. Have possession or control of any animal sick or afflicted with any infections or contagious diseases and fail to provide treatment for such infection or disease; or allow or permit such diseased or infected animal to run at large or come in contact with other animals or human beings or drink at any public or common watering trough or stream accessible to other animals. (Ord. 535 § 1, 2003)
6.08.090 Offenses relating to ownership, possession, and control.
It is unlawful for any individual to do any of the following:
A. Permit any dog to run at large, provided that dogs may be allowed on public right-of-ways and on other public property where dogs are not prohibited, if restrained by a leash that is eight feet or shorter and if in the physical control of a person.
B. Permit any dog to enter any public fountain at any time or school ground while children are present.
C. Fail to confine any dog that is in heat in a secure enclosure so that the female dog cannot come in contact with a male dog unless the male dog is admitted by the owner of the female dog.
D. Permit any animal to:
1. Damage public property or the private property of another;
2. Habitually bark, whine or howl, or make other oral noises in such a manner as to unreasonably disturb any person; or
3. Spread or spill garbage.
E. Permit any animal to trespass upon the property of another.
F. Have in his or her possession any animal not owned by him or her without the knowledge of the rightful owner thereof or to fail to surrender such animal to the director upon demand.
G. Tether an animal in such manner as to permit the animal to enter any sidewalk, street alley or a place open to the public or to enter any adjacent lot unless authorized by the occupant of the adjacent premises.
H. To keep or maintain more than three dogs at any one residence or premises in the city, except at an animal (veterinary) hospital clinic. For purposes of this subsection, no more than three dogs may be kept at any one residence. If more than three dogs are kept at any one residence, all adult residents of such residence are in violation of this subsection.
I. Interfere or tamper with any animal control authority trap or pound; such activity shall include, but not be limited to, any action of any individual to physically retrieve or release an impounded or confiscated dog. (Ord. 535 § 1, 2003)
6.08.095 Violation—Penalty—Dogs running at large.
The first offense for permitting a dog to run at large in violation of Section 6.08.090(A) shall be a civil infraction which subjects the offender to a maximum monetary penalty of up to two hundred fifty dollars. The second and any other subsequent offense that involves an incident occurrence date within one year following the conviction date of the first offense shall be a misdemeanor which, upon conviction, shall subject the offender to the misdemeanor criminal penalties set forth in Section 1.20.020. For purposes of this section, the prior conviction of an individual for a violation of Section 6.08.090(A) may or may not involve the same dog running at large. Each day upon which a violation of Section 6.08.090(A) occurs shall be a separate offense. (Ord. 596 § 1, 2009)
6.08.100 Dangerous dogs and potentially dangerous dogs—Registration required.
A. It is unlawful for an owner to have a dangerous dog or potentially dangerous dog in the city without a certificate of registration issued under this section. This prohibition shall not apply to police dogs as defined in RCW 4.24.410, as the same exists or may hereafter be amended.
B. The animal control authority of the city shall issue a certificate of registration to the owner of a dangerous dog if the owner presents to the animal control authority sufficient evidence of:
1. A secure enclosure to confine the dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property;
2. The owner shall conspicuously display a sign on the premises 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, as the same exists now or may hereafter be amended, in a form acceptable to the animal control authority in the amount established by said statute payable to any person injured by the dangerous dog or a policy of liability insurance issued by an insurer qualified under Title 48 RCW in the same amount, insuring the owner for any personal injuries inflicted by the dangerous dog.
C. The animal control authority of the city shall issue a certificate of registration to the owner of a potentially dangerous dog if the owner presents to the animal control authority sufficient evidence of:
1. A secure enclosure that safely confines the dog when the owner is absent.
2. The posting of the premises with a clearly visible warning sign that there is a potentially dangerous dog on the property.
D. The city will charge an annual fee as established by city resolution, in addition to regular dog licensing fees, to register a dangerous dog or a potentially dangerous dog.
E. In the event a dog has been declared by the animal control authority to be potentially dangerous or dangerous, the owner must comply with the applicable requirements of BMC 6.08.100 within twenty days of the notice of declaration from the city provided pursuant to this chapter and provide satisfactory evidence of such compliance within the same time period to continue ownership/possession of said dog in the city. The animal control authority may order the dog to be confined or controlled by the city during the twenty-day period until the owner demonstrates satisfactory evidence to the animal control authority of compliance with the requirements of BMC 6.08.100. If the animal control authority determines that confinement or control by the city is necessary for the safety of others, the owner must pay the city for all costs of the city confinement and control before the dog may be released by the city to the owner. In the event the owner fails to comply with the requirements of this subsection, the animal control authority shall destroy the confined dog in an expeditious and humane manner. (Ord. 685 § 1, 2018; Ord. 542 § 1, 2004; Ord. 535 § 1, 2003)
6.08.105 Potentially dangerous dogs—Confiscation.
A. It is unlawful for an owner or keeper of a potentially dangerous dog to permit the dog to be outside the secure enclosure or free from the backyard chain run unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The owner or keeper in violation of this section shall be subject to civil monetary penalties set forth in BMC 6.08.160, as the same exists now or may hereafter be amended.
B. In addition to any monetary penalties imposed pursuant to Chapter 6.08 BMC, failure of the owner or keeper of a potentially dangerous dog to comply with the requirements of BMC 6.08.100(C) shall result in the animal control authority immediately confiscating and impounding the potentially dangerous dog. (Ord. 542 § 2, 2004)
6.08.110 Dangerous dogs—Confiscation.
A. Any dangerous dog as defined by the provisions of this chapter shall be immediately confiscated by an animal control authority and the owner shall be guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021, as the same exists now or may hereafter be amended, if any of the following exist or occur:
1. Dog is not validly registered under RCW 16.08.080;
2. Owner does not secure the liability insurance coverage required under RCW 16.08.080;
3. Dog is not maintained in the proper enclosure;
4. Dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of the responsible person.
B. The owner must pay the costs of confinement and control.
C. The animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within twenty days.
D. The animal control authority shall destroy the confiscated dangerous dog in an expeditious and humane manner if any deficiencies are not corrected within twenty days of notification. (Ord. 535 § 1, 2003)
6.08.120 Dangerous dogs and potentially dangerous dogs—Dog bites, penalty and affirmative defenses.
See RCW 16.08.100, as the same exists nor or may hereafter be amended. (Ord. 535 § 1, 2003)
6.08.130 Dangerous dogs or potentially dangerous dogs—Notification of declaration.
A. Where the animal control authority seeks to declare a dog within the city to be a dangerous dog or potentially dangerous dog, the animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested. The notice must state:
1. The statutory basis for the proposed action;
2. The reasons the animal control authority considers the animal dangerous or potentially dangerous;
3. A statement that the dog is subject to registration and controls required by this chapter, including a recitation of the applicable controls set forth in BMC 6.08.100; and
4. An explanation of the owner’s rights and of the proper procedure for appealing a decision finding the dog dangerous or potentially dangerous.
B. Prior to the animal control authority issuing its final determination, the animal control authority shall notify the owner in writing that the owner is entitled to an opportunity to meet with the animal control authority, at which meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous or potentially dangerous. The notice must state the date, time, and location of the meeting, which must occur prior to the expiration of fifteen calendar days following delivery of the notice.
C. After the meeting, the animal control authority must issue its final determination, in the form of a written order, within fifteen calendar days.
D. In the event the animal control authority declares the dog to be dangerous or potentially dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the person who made the determination. The order shall be delivered in person or sent by regular and certified mail, return receipt requested, to the owner at the owner’s last address known to the animal control authority. (Ord. 535 § 1, 2003)
6.08.140 Appeal of animal control authority determination.
A. A person who is aggrieved by a determination of the animal control authority regarding dangerous dogs or potentially dangerous dogs may appeal such determination to the Bridgeport municipal court. The owner must appeal the determination within twenty days of receiving the final determination.
1. The written appeal shall include the name, address and telephone number of the appellant(s) and a copy of the determination of the animal control authority.
2. The clerk shall promptly set a date for a hearing of the appeal. Written notice of the date, time and place of the appeal hearing shall be mailed or personally delivered to the appellant(s) and to the animal control authority not less than ten days prior to the hearing.
3. The appellant(s) shall have the burden of proving that the determination of the animal control authority is arbitrary and capricious.
B. While the appeal is pending, the animal control authority may order that the dog be confined or controlled. If the dog is determined to be dangerous or potentially dangerous, the owner must pay all costs of confinement and control. (Ord. 535 § 1, 2003)
6.08.150 Appeal of animal control authority decision to confiscate or destroy.
A. An owner or keeper of a dangerous dog or potentially dangerous dog who is aggrieved by confiscation of the dog may prevent destruction or adoption of the dog by petitioning the Bridgeport municipal court for the dog’s return, subject to court-imposed conditions.
1. A written petition shall be filed with the clerk of the municipal court not more than twenty days after the date of initial detention. The petition shall include the name, address and telephone number of the petitioner(s) and a copy of the final determination of the animal control authority. The petition shall be accompanied with a bond or security in an amount sufficient to provide for the dog’s detention and care for not less than forty-five days from the date of initial detention.
2. The clerk shall promptly set a date for a hearing on the petition. Written notice of the date, time and place of the hearing shall be mailed or personally delivered to the petitioner(s) and to the animal control authority not less than ten days prior to the hearing.
3. The petitioner(s) shall have the burden of proving that specific, additional court-imposed conditions may be imposed that are sufficient to safeguard the public from bodily harm and property damage.
4. If the municipal court determines that the dangerous dog or potentially dangerous dog should not be returned to the owner or keeper, the dog shall be forfeited by the owner or keeper. The animal control authority may destroy the dog or find a responsible person or agency to adopt the dog.
5. If the municipal court determines that the dangerous dog or potentially dangerous dog should be returned to the owner or keeper, the municipal court shall impose such specific conditions, as it deems appropriate, to safeguard the public from bodily injury and property damages. The petitioner shall pay the cost of the dog’s detention and care within ten days after the municipal court’s determination. If the petitioner fails to pay such costs, the bond shall be forfeited and the animal control authority may destroy the dog or find a responsible person or agency to adopt the dog. (Ord. 535 § 1, 2003)
6.08.160 Violation—Penalty.
Except as otherwise set forth in a specific provision of this chapter, commission of any offense as described in this chapter or failure to comply with the provisions of this chapter shall subject the violator to a maximum monetary civil penalty of two hundred fifty dollars for the first offense and a maximum monetary civil penalty of four hundred fifty dollars for each subsequent offense committed within a twelve-month period. (Ord. 535 § 1, 2003)