Chapter 7.12
DANGEROUS DOGS
Sections:
7.12.010 State statutes adopted.
7.12.030 Potentially dangerous dog or dangerous dog outside enclosure.
7.12.040 Dangerous dogs—Certificate of registration required—Prerequisites.
7.12.050 Dangerous dogs required to be micro-chipped.
7.12.070 Appeal of notice of potentially dangerous dog or dangerous dog.
7.12.080 Applicability to adult dogs only.
7.12.090 Dangerous dogs—Confiscation.
7.12.010 State statutes adopted.
Chapter 16.08 RCW, Dangerous Dogs, as now in force or hereafter amended, added to or deleted from, is adopted by reference as part of this title. (Ord. 2151 § 1 (part), 2005: Ord. 2125 § 1 (part), 2004: Ord. 1683 § 6, 1989).
7.12.020 Definitions.
As used in this chapter:
A. “Owner” means any person or legal entity have a possessory property right in a dog or who harbors, cares for, exercises control over, or knowingly permits any animal to remain on premises occupied by them.
B. “Potentially dangerous dog” means:
1. Any dog that when unprovoked chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause injury of otherwise to threaten the safety of humans or domestic animals; and/or
2. Any dog that when unprovoked inflicts bites on a human or a domestic animal either on public or private property.
C. “Dangerous dog” means any dog that, according to the records of the appropriate authority, (1) had inflicted severe injury on a human being without provocation on public or private property, (2) has killed a domestic animal without provocation while off the owner’s property, or (3) has been previously found to be potentially dangerous, the owner having received notice of such, and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals.
D. “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
E. “Proper enclosure of a potentially dangerous or dangerous dog” means, while on the owner’s property, a potentially dangerous or dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.
F. “Animal control authority” means any entity acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, county, and state and the shelter and welfare of animals.
G. “Animal control officer” means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment or animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
H. “Police dog” means a dog used by a law enforcement agency specially trained for law enforcement work and under the control of a dog handler.
I. “Dog handler” means a law enforcement officer who has successfully completed training as prescribed by the Washington State Criminal Justice Training Commission in police dog handling. (Ord. 2125 § 1 (part), 2004).
7.12.030 Potentially dangerous dog or dangerous dog outside enclosure.
It is unlawful for an owner of a potentially dangerous dog or dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal; provided, however, that a dog declared to be potentially dangerous due to attacking another animal only, not a human, shall not be required to be muzzled when outside the proper enclosure. (Ord. 2125 § 1 (part), 2004).
7.12.040 Dangerous dogs—Certificate of registration required—Prerequisites.
A. It is unlawful for an owner to have a dangerous dog in the city of Centralia without a certificate of registration issued under this section. This section shall not apply to police dogs.
B. The Centralia animal control may issue a certificate of registration to the owner of a dangerous dog upon payment of a one-hundred-dollar registration fee if the owner presents to the Centralia animal control sufficient evidence of:
1. A proper enclosure to confine a dangerous dog and the posting of 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 symbol that informs children of the presence of a dangerous dog; and
2. Either:
a. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the city of Centralia animal control and the city attorney in the amount specified in RCW 16.08.080; or
b. A policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under RCW Title 48 in the amount specified in RCW 16.08.080.
C. The term for a certificate of registration is one year from the date of issuance or until the dog is moved to another address outside the corporate limits or the urban growth area of the city of Centralia, whichever is less. The owner of a dangerous dog must renew the certificate of registration annually, unless the dog is moved to another address outside the corporate limits of the city of Centralia. (Ord. 2498 § 1, 2022; Ord. 2125 § 1 (part), 2004).
7.12.050 Dangerous dogs required to be micro-chipped.
Any dog which is declared to be a “dangerous dog” pursuant to this chapter or Chapter 16.08 RCW shall be required to be micro-chipped by a veterinarian of the owner’s choice, at the owner’s expense. This shall be in addition to the normal requirements for licensing as defined within this title. This must be accomplished within thirty days after receipt of the dangerous dog declaration issued by the Centralia animal control, pursuant to CMC 7.12.060. (Ord. 2125 § 1 (part), 2004).
7.12.060 Declaration of potentially dangerous dog or dangerous dog—Procedure and notification requirements.
A. The city of Centralia animal control shall identify and classify potentially dangerous dogs and dangerous dogs. The Centralia animal control may find and declare a dog potentially dangerous or dangerous if the animal control officer has probable cause to believe that the dog falls within the definitions set forth in CMC 7.12.020(B) or (C). Probable cause may be based upon:
1. The written complaint of a citizen who is willing to testify that he or she witnessed the dog acting in a manner which causes it to fall within the definition of potentially dangerous dog or dangerous dog;
2. Dog bite reports filed with the Centralia animal control;
3. Actions of the dog witnessed by any animal control officer or law enforcement officer; or
4. Other substantial evidence.
B. Upon determining that probable cause exists to believe that a dog is potentially dangerous or dangerous, the Centralia animal control may issue a written notice to the owner of the dog. The notice shall contain the following:
1. The name and address of the owner of the dog;
2. A brief description and, if available, a picture of the dog;
3. A brief statement of why the dog has been found to be a potentially dangerous dog or dangerous dog;
4. The specific provision or provisions of CMC 7.12.020(B) or (C) under which the animal control officer has found the dog to be a potentially dangerous dog or dangerous dog;
5. The requirements for restraint of the dog, if applicable, as determined by the Centralia animal control, and when these requirements must be complied with;
6. The criminal penalty for violation of the requirements for restraint imposed by the Centralia animal control, including a statement that, if the requirements are not timely met, the Centralia animal control has the authority to issue a criminal citation or report such noncompliance to the Centralia city attorney’s office, which has the authority to initiate a criminal action;
7. A statement advising:
a. The owner of their rights;
b. That the notice may be appealed including the appellate process;
c. That the failure to file a timely and complete notice of appeal will constitute a waiver of all rights to an appeal under this chapter; and
8. A statement that the dog is subject to registration and controls in CMC 7.12.040(B).
C. The notice shall be served on the owner in one of the following methods:
1. First class mail and certified mail, return receipt requested, to the owner’s last known address; or
2. Personally. If the notice is personally served, proof of personal service of the notice shall be made by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made.
a. “Personal service” means handing it to the owner’s attorney or to the owner; or leaving it at their office with their clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the owner has no office, leaving it at their dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.
3. When the animal control authority issues its final determination, the authority shall notify the owner in writing that he or she is entitled to an opportunity to meet with the 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. The notice shall state the date, time, and location of the meeting, which must occur prior to expiration of fifteen calendar days following delivery of the notice. The owner may propose an alternative meeting date and time, but such meeting must occur within the fifteen-day time period set forth in this section. After such meeting, the authority must issue its final determination, in the form of a written order, within fifteen calendar days. In the event the authority declares a dog to be 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 sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the owner’s last address known to the authority. (Ord. 2125 § 1 (part), 2004).
7.12.070 Appeal of notice of potentially dangerous dog or dangerous dog.
A. Any owner of a dog which has been declared potentially dangerous or dangerous by the Centralia animal control pursuant to CMC 7.12.060 may appeal the notice by filing at the municipal court of the city of Centralia, within twenty days from receiving the final determination, a written notice of appeal. Said written notice of appeal shall be on a form provided for that purpose by the Centralia animal control or other written notice, but must contain the following items:
1. A caption reading: “Appeal of ______,” giving the name of the appellant;
2. A brief statement of the relief sought, and the reasons why the finding should be reversed, modified or otherwise set aside;
3. The current address of the appellant; and
4. A verification, by declaration under penalty of perjury, made by the appellant as to the truth of the matters stated in the appeal.
B. Failure to file a timely and complete notice of appeal constitutes a waiver of all rights to an appeal under this chapter.
C. Upon receipt of a timely filed and completed notice of appeal, a notice of hearing shall be sent to the appellant, setting the date, time and place of the appeal hearing.
D. The hearing shall be set no less than ten nor more than thirty business days following receipt of a timely filed and complete notice of appeal. The filing of a notice of appeal shall not stay the requirements for restraint of the dog provided to the owner pursuant to CMC 7.12.090.
E. The hearing examiner shall be an appointed or pro tempore Centralia municipal court judge, unless the mayor designates another as hearing examiner.
F. At the hearing, the owner of the dog found to be a potentially dangerous dog or dangerous dog shall be permitted to present evidence in support of their position at the hearing.
G. While an appeal is pending, the authority may order that the dog be confined or controlled in compliance with RCW 16.08.090. If the dog is determined to be dangerous, the owner must pay all costs of confinement and control.
H. 1. Dogs shall not be declared potentially dangerous or dangerous by the hearing examiner if a threat, injury, or damage sustained by a person forms the probable cause to believe the dog is potentially dangerous or dangerous, and the threat, injury, or damage was sustained by a person who, at the time, was committing a wilful 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.
2. At the hearing, the animal control officer shall have the burden of proving, by a preponderance of the evidence, that one or more of the circumstances set forth in subsection (H)(1) of this section exists. The owner of the animal may present evidence in defense of the animal.
3. Subsection (H)(1) of this section shall not apply if the dog is believed to be a potentially dangerous dog pursuant to CMC 7.12.060(B)(3).
I. 1. At the conclusion of the hearing, the hearing examiner shall weigh the evidence presented by both the animal control officer and the owner and issue a written decision.
2. At the conclusion of a hearing to determine whether a dog is to be declared dangerous, the decision of the hearing examiner may be:
a. The dog in question is declared to be a dangerous dog; or
b. The dog in question is declared to be a potentially dangerous dog; or
c. The dog in question is declared to be a potentially dangerous dog, with additions, deletions and/or modifications made to the restrictions initially proposed to be placed on the dog by the Centralia animal control; or
d. The dog in question is declared to be neither dangerous or potentially dangerous.
3. At the conclusion of a hearing to determine whether a dog is to be declared potentially dangerous, the decision of the hearing examiner may be:
a. The dog in question is declared to be a potentially dangerous dog; or
b. The dog in question is declared to be a potentially dangerous dog, with additions, deletions and/or modifications made to the restrictions initially proposed to be placed on the dog by the Centralia animal control; or
c. The dog in question is declared to be a potentially dangerous dog.
4. The decision of the hearing examiner shall be final. Proceedings to review the decision must be instituted within fifteen days of the date of the written decision. (Ord. 2125 § 1 (part), 2004).
7.12.080 Applicability to adult dogs only.
The provisions of this chapter shall apply to adult dogs only, which means any dog over the age of six months. (Ord. 2125 § 1 (part), 2004).
7.12.090 Dangerous dogs—Confiscation.
A. Any dangerous dog shall be immediately confiscated by the Centralia animal control if the:
1. Dog is not validly registered under this chapter or RCW 16.08.080;
2. Owner does not secure the liability insurance coverage required under this chapter or RCW 16.08.080;
3. Dog is not maintained in the proper enclosure; or
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.
5. Violations of this section shall be deemed a gross misdemeanor punishable in accordance with CMC 7.12.100.
B. If a dangerous dog of an owner with a prior conviction under this chapter or Chapter 16.08 RCW attacks or bites a person or another domestic animal, the dog’s owner is guilty of a Class C felony, punishable in accordance with RCW 9A.20.021. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.
C. The owner of any dog that aggressively attacks and causes severe injury of death or any human, whether the dog has previously been declared potentially dangerous or dangerous, shall be guilty of a Class C felony punishable in accordance with RCW 9A.20.021. In addition, the dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner. (Ord. 2125 § 1 (part), 2004).
7.12.100 Penalties.
Unless otherwise provided, any person, firm or corporation violating any of the provisions for this chapter is guilty of a gross misdemeanor and may be punished by a fine of not more than five thousand dollars plus costs and assessments or imprisonment of not more than one year in jail, or by both such fine and imprisonment. (Ord. 2125 § 1 (part), 2004).