Chapter 7.13
INHERENTLY DANGEROUS ANIMALS
Sections:
7.13.020 Harboring of an inherently dangerous animal prohibited.
7.13.040 Licensing of inherently dangerous animals required.
7.13.060 Inspection of premises.
7.13.070 Restrictions on licensee.
7.13.080 Inherently dangerous animal at large prohibited.
7.13.090 Notice of violation, revocation of license and confiscation of inherently dangerous animal.
7.13.110 Relocation of inherently dangerous animals.
7.13.130 Inherently dangerous animal fees.
7.13.010 Definitions.
For purposes of this chapter, the following definitions apply.
A. “Inherently dangerous animal” means either an inherently dangerous mammal or an inherently dangerous reptile as defined in this section.
B. “Inherently dangerous mammal” means any live member of the Canidae, Felidae, or Ursidae families, including any hybrid thereof, which, due to its inherent nature, may be considered dangerous to humans, which includes:
1. Canidae, meaning any member of the dog (Canid) family not customarily domesticated by people, or any hybrids thereof, but not including a domestic dog (Canis lupus familiaris) or wolf hybrids which are a cross between a wolf and a domestic dog;
2. Felidae, meaning any member of the cat family not customarily domesticated by people, and any hybrid thereof, but not including a domestic cat (Felis catus);
3. Ursidae, meaning any member of the bear family, and any hybrid thereof; and
4. Nonhuman primates and prosimians (such as chimpanzees and monkeys).
C. “Inherently dangerous reptile” means any live member of the class reptilia which:
1. Is venomous, including, but not limited to, all members of the following families: Helodermidae, Viperidae, Crotalidae, Altractaspidae, Hydrophilidae and Elapidae; or
2. Is a “rear fanged” snake of the family Colubridae known to be dangerous to humans, including, but not limited to, all members of the following families: Dispholidus typus, Thebtornis kirtlandii and Rhabdophis spp.; or
3. Is a member of the order Crocodilia (crocodiles, alligators and caiman).
D. Inherently dangerous animal “at large” means an inherently dangerous animal that is permitted or allowed to be at large outside of the approved confinement and upon other property, including the property of the owner, or within the premises of the owner in such manner as to endanger any person lawfully entering such premises.
E. “Harboring” of an inherently dangerous animal means to allow an inherently dangerous animal to remain, lodge, be fed, or to be given shelter or refuge within the person’s home or any other premises in which the person resides or over which the person has control.
F. “Animal control authority” is defined in CMC 7.03.015. (Ord. 2131 § 1 (part), 2004).
7.13.020 Harboring of an inherently dangerous animal prohibited.
The harboring of an inherently dangerous animal within the city is prohibited unless a person harbored the inherently dangerous animal within the city prior to the effective date of the ordinance codified in this chapter and promptly acts to satisfy the licensing requirements of this chapter. No additional inherently dangerous animals shall be permitted to be harbored within the city. (Ord. 2131 § 1 (part), 2004).
7.13.030 Exemptions.
A. The following are exempt from all provisions of this chapter with the exception of CMC 7.13.080 regarding the prohibition of inherently dangerous animals at large:
1. Any facility accredited by the Association of Zoos and Aquariums (AZA);
2. Any licensed or accredited research or medical institution;
3. Any licensed or accredited educational institution;
4. A veterinary clinic in possession of an inherently dangerous animal for treatment or rehabilitation purposes;
5. A traveling circus or carnival as long as the circus or carnival does not maintain a permanent location within the city; and
6. A person temporarily transporting an inherently dangerous animal through the city if the transit time is not more than twenty-four hours and the animal is at all times maintained within a confinement sufficient to prevent the animal from being at large.
B. Exemption under this section does not excuse compliance with all other applicable federal, state and local regulations, including but not necessarily limited to Chapter 16.52 RCW, concerning the prevention of cruelty to animals. (Ord. 2131 § 1 (part), 2004).
7.13.040 Licensing of inherently dangerous animals required.
A. A person who harbored an inherently dangerous animal within the city prior to the effective date of the ordinance codified in this chapter must, within sixty days of the effective date, acquire a license from the city clerk permitting the continued possession of that animal.
B. The license expires on December 31st of each year and must be renewed annually no later than December 31st of each year.
C. The license to harbor an inherently dangerous animal is not transferable to any other individual, regardless of any relationship to the owner, or to any other location within the city.
D. If there is a change in ownership or location of an inherently dangerous animal or if a license is not timely renewed, the license is permanently revoked and the animal must immediately be permanently removed from the city. Once an animal has been relocated outside of the city, it may never again be located within the city. (Ord. 2131 § 1 (part), 2004).
7.13.050 License application.
A. To obtain a license to harbor an inherently dangerous animal within the city, the animal’s owner must file a written application with the city clerk who will review and forward to the animal control authority establishing to the authority’s satisfaction:
1. That the owner is at least eighteen years of age;
2. That the owner was harboring the animal within the city prior to the effective date of the ordinance codified in this chapter;
3. That the animal has been identified by micro-chipping when possible, or other forms of identification acceptable to the animal control authority;
4. That the animal will be harbored within a confinement that will ensure that:
a. The animal will not be able to escape the confinement,
b. Invitees to the premises will not be harmed by the animal,
c. The animal is maintained in a safe and humane condition.
B. The application must be accompanied by:
1. A statement indicating the species of the animal;
2. Front and profile photographs of the animal and a description of any other identification, such as tattooing;
3. Address where animal will be harbored;
4. Written acknowledgment from the property owner, in the event that the applicant is not the owner of the harboring premises, that the applicant has permission to harbor an inherently dangerous animal and to make any modification necessary to create an approved confinement;
5. Acknowledgment of location of where animal is housed;
6. A description of how the animal will be confined, with drawings as necessary showing the dimensions of the materials comprising the confinement, showing that:
a. The animal will not be able to escape the confinement,
b. Invitees to the premises will not be harmed by the animal,
c. The animal is maintained in a safe and humane condition;
7. Proof of either a surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the animal control authority or a policy of liability insurance issued by an insurer qualified under RCW Title 48 in the amount of one hundred thousand dollars per inherently dangerous animal with a maximum of three hundred thousand dollars per premises, which shall be written to cover any acts of the inherently dangerous animal, and the surety bond or certificate of insurance shall be immediately submitted to the animal control authority for approval, and which proof of surety bond or liability insurance shall provide the director of the animal control authority as the person to be notified ten days in advance of the cancellation of the surety bond or liability insurance for any reason.
In the event that an owner is unable to obtain a surety bond or certificate of insurance after diligent efforts, the owner may present evidence to the city manager that obtaining such documentation is not possible. The city manager shall be granted the discretion to waive such requirements or require a cash note, if he/she finds with the consultation of the animal control authority that the animal qualifies for licensing and that obtaining a surety bond or certificate of insurance is not possible. The city manager is not required to waive the provisions of this section;
8. The nonrefundable license fee defined in CMC 7.13.130; and
9. All other information requested by the animal control authority as deemed necessary to assist in determining whether the license should be issued.
C. The animal control authority may establish rules and regulations based upon the safety requirements of the confinement as they pertain to the physical nature of the confinement in order to assure that the safety requirements of this section are satisfied.
D. Failure to comply with the licensing requirements set forth in this chapter will result in the permanent revocation of the license and the confiscation of the inherently dangerous animal. (Ord. 2131 § 1 (part), 2004).
7.13.060 Inspection of premises.
As part of the license application review process, during the renewal of the license and at any other time in the discretion of the animal control authority, between the hours of seven a.m. and nine p.m., the authority, or an agent thereof, inspects the premises where the animal is to be harbored to ensure satisfaction of the requirements of this chapter. (Ord. 2131 § 1 (part), 2004).
7.13.070 Restrictions on licensee.
A. At all times the animal must be on its owner’s premises, as approved in the license, in its approved confinement except when being transported for veterinarian or medical treatment. No animal may be exhibited off the licensed premises.
B. The licensee must at all times be in compliance with all conditions of the license. (Ord. 2131 § 1 (part), 2004).
7.13.080 Inherently dangerous animal at large prohibited.
No person harboring an inherently dangerous animal may permit or allow the animal to be at large. Allowing an inherently dangerous animal to be at large shall result in the immediate and permanent revocation of the license. (Ord. 2131 § 1 (part), 2004).
7.13.090 Notice of violation, revocation of license and confiscation of inherently dangerous animal.
A. When an animal control officer has probable cause based upon his or her records or investigation to believe that the owner of an inherently dangerous animal has permitted the animal to be at large, failed to license or renew a license, failed to maintain the conditions established for harboring an inherently dangerous animal, harbors an unlicensed inherently dangerous animal, or violates any other provision of this chapter, the animal control authority shall immediately confiscate the animal.
B. The inherently dangerous animal will be sheltered, at the owner’s expense, either at the animal control authority’s shelter or at an alternative shelter selected at the animal control authority’s discretion for a period of twenty-one days from the date the owner received notice of the confiscation. The owner shall begin paying shelter costs within five days of confiscation and shall continue to pay in five-day increments. The shelter costs shall be based upon actual costs for housing the specific type of inherently dangerous animal in a safe and humane manner.
C. If the owner fails to remain current on payment of shelter costs, the animal control authority shall discontinue holding the animal and shall, at its discretion, either euthanize the animal in an expeditious and humane manner or give the animal to a licensed animal refuge facility.
D. Any time during this twenty-one-day period, the owner shall have the opportunity to permanently relocate the inherently dangerous animal to a location outside of the city. If after twenty-one days from the date the owner received notice of the confiscation the owner has failed to permanently relocate the animal to a location outside of the city, the animal control authority shall, at its discretion, either euthanize the animal in an expeditious and humane manner or give the animal to a licensed animal refuge facility.
E. The animal control authority shall serve the owner, within five days of the confiscation, with notice that the animal has been confiscated. The notice shall be served either in person or by regular and certified mail, return receipt requested, to the address listed on the license. Service, if by mail, shall be considered completed three days after mailing of the notice. The notice shall state:
1. That the inherently dangerous animal was confiscated;
2. The reason for the confiscation;
3. That the owner shall be responsible for the shelter costs;
4. That the owner shall have the opportunity to permanently relocate the inherently dangerous animal to a location outside of the city;
5. That if after twenty-one days after the owner was served with the notice the inherently dangerous animal has not been relocated, the animal control authority shall, at its discretion, either euthanize the animal in an expeditious and humane manner or give the animal to a licensed animal refuge facility; and
6. An explanation of the owner’s rights and proper procedure to appeal the confiscation of the inherently dangerous animal. (Ord. 2131 § 1 (part), 2004).
7.13.100 Appeals.
The owner of an inherently dangerous animal may appeal the confiscation of the animal or the revocation or denial of a license to a hearings examiner appointed by the chief of police for this purpose. An appeal must be filed with the hearing examiner’s office within twenty-one days of receiving notice of the confiscation. An appeal shall not proceed until the owner has paid all costs associated with housing of the inherently dangerous animal if applicable. The owner shall pay shelter costs in five-day increments. If the owner fails to remain current on payment of shelter costs, the appeal shall be terminated and the animal control authority shall, at its discretion, either euthanize the inherently dangerous animal in an expeditious and humane manner or give the animal to a licensed animal refuge facility.
A decision of the hearing examiner may be appealed to the Lewis County superior court within twenty-one days of the decision being issued. The animal control authority shall refrain from euthanizing an inherently dangerous animal or giving the animal to a licensed animal refuge facility pending a decision of the hearing examiner or the issuance of a restraining order from superior court. (Ord. 2131 § 1 (part), 2004).
7.13.110 Relocation of inherently dangerous animals.
A. Whenever an inherently dangerous animal, which has been confiscated by the animal control authority, is to be relocated by the owner pursuant to this chapter, the owner shall provide the animal control authority with the location of where the animal will be relocated along with documentation that inherently dangerous animals are permitted at this location. If the inherently dangerous animal is to be relocated in the unincorporated portion of Lewis County, the owner shall provide the animal control authority with proof that the Lewis County animal control authority has granted approval for that animal at the relocation site. The owner shall be responsible for having the animal permanently identified with micro-chipping or other forms of identification acceptable to the animal control authority prior to the animal being relocated.
B. If the owner fails to or is unable to relocate the inherently dangerous animal within the time period allowed under this chapter, the animal control authority shall, at its discretion, either euthanize the animal in an expeditious and humane manner or give the animal to a licensed animal refuge facility.
C. If an inherently dangerous animal that has been relocated outside of the city is again found to be within the city, the animal control authority shall confiscate the animal and, at its discretion, either euthanize the animal in an expeditious and humane manner or give the animal to a licensed animal refuge facility. (Ord. 2131 § 1 (part), 2004).
7.13.120 Misdemeanor.
In addition to the administrative penalties provided in CMC 7.13.090, harboring an inherently dangerous animal without a license, failing to license or renew a license of an inherently dangerous animal, or permitting an inherently dangerous animal to be at large is a misdemeanor. (Ord. 2131 § 1 (part), 2004).
7.13.130 Inherently dangerous animal fees.
A. License Fees. The fee to license an inherently dangerous animal with the animal control authority is one hundred fifty dollars per animal, for the first year. Each year after shall be fifty dollars per year.
B. Impound Fees. An impound fee of one hundred and fifty dollars shall be charged to the owner of an inherently dangerous animal upon confiscation of the animal by the animal control authority.
C. Late Fees. Failure to relicense by December 31st of each year shall result in a late penalty of fifty dollars which shall be added to the annual fee. (Ord. 2131 § 1 (part), 2004).