Chapter 6.04 ANIMAL REGULATIONS

An order for the purpose of regulating the keeping of animals within the town of Concrete. The fees, charges, and penalties collected hereunder shall be budgeted to defray, in whole or part, the expense of such regulations. [Ord. 728, 2015; Ord. 249 § 1, 1980]

6.04.020 Definitions.

As used in all articles, unless the context otherwise indicates, the following words and terms shall mean:

(1) “Animal” means both the male and female dog, natural or sterilized.

(2) “Dog” means male and female, natural or sterilized.

(3) “Vicious animal” means any animals either male or female whose temperament or habits create a danger of injury to persons or other animals or create a reasonable apprehension of injury to persons or other animals.

(4) “Predatory animal” means any dog of either sex whose actions or habits customarily defile, despoil, or damage property of others.

(5) “Dangerous dog” means any dog that:

(a) Inflicts severe injury on a human without provocation on public or private property.

(b) Kills any domestic animal or livestock without provocation while off the owner’s property.

(c) 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, or bites domestic animals.

(d) Has been previously declared a dangerous dog in any other county, state or foreign country.

(6) “Potentially dangerous dog” means:

(a) Any dog that when unprovoked:

(i) Bites a human on public or private property.

(ii) Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack.

(iii) Bites a domestic animal or livestock, excluding poultry, while off the owner’s property.

(b) Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or otherwise to threaten the safety of humans or domestic animals or big game animals.

(c) Any dog that chases or approaches a person upon private property other than the owner’s in a menacing fashion or apparent attitude of attack.

(d) Any dog that has been previously declared a potentially dangerous dog in any other county, state or foreign country.

(7) “Domestic animal” means a dog or cat kept as a pet.

(8) “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

(9) “Owner” or “keeper” means any person, association or corporation owning, keeping or harboring an animal.

(10) “Dog at large” means any animal not confined to the premises of its owner unless restrained by a leash, tether or other physical control device not to exceed eight feet in length and under the physical control of a person over 12 years of age, or which enters upon public property or rights-of-way or upon land of another person without authorization of that person. A dog within an automobile or other vehicle of its owner shall be deemed to be upon the owner’s property.

(11) “Barking dog” means any dog which by frequent or habitual howling, yelping, or barking annoys or disturbs other persons in the vicinity.

(12) “Leash” means a cord, thong or chain by which an animal is controlled by the person accompanying it.

(13) Harboring. The occupant of any premises on which an animal remains or to which it customarily returns daily for food and care for a period of 10 days is presumed to be harboring or keeping the animal within the meaning of these articles.

(14) “Officer,” “official,” “code enforcement officer,” “Skagit County sheriff” or “animal control authority” means any person designated by the mayor of the town to issue licenses, pick up, restrain, impound, sell, dispose, give notice, enforce this chapter or to do any other acts, duties or functions prescribed by these articles and the laws of the state of Washington, relating to the shelter and welfare and regulations of the animals regulated by this chapter.

(15) “License,” except as referred to in CMC 6.04.030, means the dog license issued by the town under these articles.

(16) “Kennel” means any place, other than a veterinary hospital, where three or more dogs are kept, or where one or more female dogs are kept for breeding, and the offspring thereof are sold for profit or given away, or where such animals are received for care and boarding.

(17) “Public emergency” means any situation which in the opinion of the mayor or his designee warrants the restraint and confinement of animals within the premises of the owner or keeper.

(18) “Pound” means a place operated and owned by the town for the restraint and care of animals.

(19) “Spayed female” means a female dog which has been sterilized by a licensed veterinarian to avoid or prevent conception. Proof of such sterilization must be evidenced by the certificate of a licensed veterinarian.

(20) Restraint. An animal shall be deemed to be under restraint if it is confined within the property limits of the owner or keeper by suitable fence or enclosure or securely restrained within the premises by a leash affixed to a post or other securely fixed object.

(21) “Service animal” means a dog that is individually trained to do work or perform tasks for people with disabilities.

(22) “Livestock” means cattle, horses, poultry and similar animals kept for domestic use but not as pets as on a farm or ranch under the provisions listed in CMC 19.15.040(5). [Ord. 741, 2015; Ord. 728, 2015; Ord. 678, 2011; Ord. 557, 2005; Ord. 529, 2004; Ord. 249 § 2, 1980]

6.04.030 License required.

It is unlawful to keep or harbor a dog over three months of age within the town unless an animal license has been procured for the animal from the town. [Ord. 728, 2015; Ord. 249 § 2, 1980]

6.04.040 License application.

Application for such license shall be made upon forms provided by the town. The application shall list the name, address and phone number of the owner; and the name, breed, color, and sex of the animal owned or harbored by him or her. Such information shall be kept conveniently indexed by the office of the clerk-treasurer together with the number of the license issued. [Ord. 728, 2015; Ord. 678, 2011; Ord. 249 § 3, 1980]

6.04.050 License expiration.

Each license shall expire each year on the last day of December following the date of issuance thereof. [Ord. 728, 2015; Ord. 668, 2010; Ord. 249 § 4, 1980]

6.04.060 License fee.

The annual license fee for each dog shall be set by annual resolution of the town council. There shall be a late fee charged on license renewals not renewed by January 31st of each year, said fee to be set by annual resolution of the town council. [Ord. 728, 2015; Ord. 678, 2011; Ord. 515 § 1, 2003; Ord. 249 § 5, 1980]

6.04.070 Tag required.

Each licensed dog shall be provided by the owner or keeper a suitable collar or harness which shall be worn by the animal at all times. To such collar or harness shall be affixed the tag provided by the town for the current year for which a license has been purchased. Such a license or tag shall be so affixed as to hang and be discernible to a person of normal vision at not less than 10 feet. The license tag shall be stamped with the numbers issued for that year for that particular animal. It is unlawful for any person other than the owner, his agent or a town official to remove the license tag from the dog. [Ord. 728, 2015; Ord. 678, 2011; Ord. 249 § 6, 1980]

6.04.080 Lost tag.

Any owner or keeper of a licensed animal whose current license tag has been lost may obtain a replacement tag, prior to the impounding of such animals, by payment of a fee set by annual resolution of the town council. Any animal licensed for the current year, which may be impounded while running at large without a tag, may be redeemed upon payment of the pickup, impounding fees as well as costs for feeding and care of such animal; such fees are set by annual resolution of the town council. [Ord. 728, 2015; Ord. 554, 2005; Ord. 515 § 1, 2003; Ord. 249 § 7, 1980]

6.04.090 At large – Without license.

It is unlawful for the owner or keeper to permit an animal to run at large within the town at any time as provided by these articles. Any animal caught running at large within the town limits of the town of Concrete may be impounded and/or transported to the Skagit County Humane Society at the owner of said animal’s expense. If impounded by the town all fees associated with the impoundment, feed, care and a current license (if applicable) must be paid in full prior to the release of the animal. [Ord. 728, 2015; Ord. 678, 2011; Ord. 249 § 8, 1980]

6.04.100 Entering places where food is stored, served or prepared.

It is unlawful for the owner or keeper of an animal to permit the animal to enter a church, market or other place where food is stored, prepared, served or sold to the public or any other public place or hall (except for animal shows or other exhibition purposes, veterinarian hospitals, kennels or places for which the licensing official has issued a permit under provisions of any ordinance of the town) except those animals licensed or determined to be service animals. [Ord. 728, 2015; Ord. 249 § 9, 1980]

6.04.110 Dangerous animal at large.

Repealed by Ord. 728. [Ord. 678, 2011; Ord. 515 § 1, 2003; Ord. 249 § 10, 1980]

6.04.120 Vicious animal off owner’s premises.

Repealed by Ord. 728. [Ord. 249 § 11, 1980]

6.04.130 Barking dog.

It is unlawful for the owner or keeper to harbor or permit a barking dog, whose barking is audible and bothersome to persons on adjacent property. [Ord. 728, 2015; Ord. 249 § 12, 1980]

6.04.140 At large – General.

It is unlawful for the owners, keeper, custodian or person having charge of any dog to allow such dog to run at large within the town limits. [Ord. 728, 2015; Ord. 249 § 13, 1980]

6.04.150 Impounding of offending animals.

It shall be the duty of such town employees as shall be designated for that purpose by the mayor, or the employees of any authorized agency designated by the mayor with the approval of the town council, to take up and impound any animals found in the town in violation of any of the provisions of these articles. [Ord. 728, 2015; Ord. 249 § 14, 1980]

6.04.160 Impoundment – Registry – Notice.

The animal control authority, or his or her duly appointed agent, shall immediately upon impounding of any animal make a complete registry, entering the breed, color and sex of such animals and whether said animal is licensed, if known, and if licensed, he or she shall enter the name and address of the owner and number of the license tag if known.

(1) When any licensed animal shall be impounded, the animal control authority shall forthwith give notice by mail or by telephone if the owner be within the town limits to the owner of such licensed dog informing such owner of the impounding of his or her dog and the reason thereof.

(2) When any dog not bearing a collar or harness to which is attached a license shall be impounded, the animal control authority shall give notice within 24 hours of such impounding by posting notice giving the breed, color, sex, and other identifying characteristics of such impounded animal together with the date and place of apprehension thereof. Such notice shall be posted at Town Hall and at such other public place as shall be provided for such notices. [Ord. 728, 2015; Ord. 678, 2011; Ord. 249 § 15, 1980]

6.04.170 Impoundment – Redemption – Costs.

For every animal taken in and impounded as provided for in this article, there shall be paid to the town, for the use of the town, by any person desiring to redeem such animal, the total of the following fees:

(1) A pickup fee and impounding fee set by annual resolution of the town council or such other sums that are designated from time to time by the town council.

(2) If no license has been issued for the current year, an annual license fee, or if the tag is lost, the replacement fee.

(3) Such costs for feeding and care of such animal as shall be set by annual resolution of the town council for the care of the impounded animals; provided, that the payment of fees provided in this section will be exclusive or in addition to any fines or penalties imposed upon the owner upon violation of any provisions of these articles. [Ord. 728, 2015; Ord. 678, 2011; Ord. 555, 2005; Ord. 515 § 1, 2003; Ord. 249 § 16, 1980]

6.04.180 Impoundment – Redemption – Destruction.

Any animal which has been impounded may be redeemed within 48 hours after being impounded by any person claiming to own or be acting for the owner of such animal and after such 48-hour period, by any person upon payment of the fees and costs as set forth in CMC 6.04.170. If any such animal not be redeemed within 48 hours after being impounded, such animal shall be subject to being destroyed by order of the animal control authority; provided after such 48 hours, by order of the animal control authority (not including Saturdays, Sundays or holidays):

(1) Such animal may be kept and offered for sale at a price fixed by the animal control authority; or

(2) Released by the animal control authority to any person who shall pay the fees required by these articles or such portion thereof as the animal control authority may require; or

(3) The animal control authority may release such animal to any other organization for such other disposition as he may see fit; provided, that no animal shall be given or sold to any person or association for vivisection purposes. [Ord. 728, 2015; Ord. 678, 2011; Ord. 515 § 1, 2003; Ord. 249 § 17, 1980]

6.04.190 Disposition of proceeds from sale of impounded animals.

The proceeds from the auction or sale of any impounded animals after the expiration of the period of redemption provided in CMC 6.04.180 shall be applied first to the cost of apprehension, license and care of the animal at the rate set in CMC 6.04.170 and the balance of the proceeds shall be deposited with the office of the clerk-treasurer to be deposited with the general funds of the town. [Ord. 728, 2015; Ord. 678, 2011; Ord. 249 § 18, 1980]

6.04.200 Impounding and disposition of vicious animals.

Repealed by Ord. 728. [Ord. 249 § 19, 1980]

6.04.210 Vicious animal – Confined to premises.

Repealed by Ord. 728. [Ord. 678, 2011; Ord. 249 § 20, 1980]

6.04.220 Vicious animal – Prohibited in town.

Repealed by Ord. 728. [Ord. 249 § 21, 1980]

6.04.230 Unable to safely impound.

Repealed by Ord. 728. [Ord. 678, 2011; Ord. 249 § 22, 1980]

6.04.240 Impoundment – Conditions upon release.

When any animals shall be impounded pursuant to the provisions of these articles, the animal control authority may impose such conditions upon the release of such animal as may be necessary or desirable in order to avoid, forestall or prevent recurrence of the violation leading to the impounding of such animal and no animal shall be redeemed by the owner or other persons except in compliance with and subject to conditions which may include undertaking to keep such animal outside the town, undertaking to pay for damages done by such animal, undertaking to control such animal within specified limits, or any other conditions which may be appropriate and reasonable to avoid recurrence of the condition leading to such impounding. [Ord. 728, 2015; Ord. 249 § 23, 1980]

6.04.250 Dog chasing vehicles.

Any dog chasing cars, motorcycles, bicycles or any other vehicles may be declared a nuisance upon written statement of two or more persons having observed such animal in action. [Ord. 728, 2015; Ord. 249 § 24, 1980]

6.04.260 Injuring with vehicle.

No person shall willfully injure, beat, abuse, or run down any animal with a vehicle. Any person who kills or injures an animal while driving a vehicle shall stop at the scene of the accident and render such assistance as practicable, shall make a reasonable effort to locate and identify himself to the owner or to any person having custody of the dog and shall report the accident immediately to law enforcement or to the town. [Ord. 728, 2015; Ord. 249 § 25, 1980]

6.04.270 Suitable shelter and food.

It is unlawful for any person to keep or harbor an animal within the town without providing a suitable dry place for the housing thereof or to fail to provide a suitable amount of wholesome food and clean water for the nutrition and comfort thereof or to leave the premises upon which such animal is confined, or to which it customarily returns, for more than 24 hours without providing for the feeding and care of such animal in the absence of such person. [Ord. 741, 2015; amended during 4/15 supplement; Ord. 728, 2015; Ord. 249 § 26, 1980]

6.04.280 Arrest of animal.

The town of Concrete by its properly constituted officers shall arrest any animal:

(1) Found to be at large or harbored under circumstances constituting a violation of these articles; or

(2) Damaging property of a person other than the owner of such dog, except in the defense of the property of or members of the owner’s household; or

(3) Causing bodily harm to any person; or

(4) Acting in such a manner as to cause reasonable apprehension of such harm to person or animals not within or upon the premises of such dog’s owner. Such animal may also be taken into custody by any person who observes such violation. Such person shall promptly call the town official, or report the circumstances leading to such a seizure and deliver or tender possession of such animal to the town for impounding. [Ord. 728, 2015; Ord. 678, 2011; Ord. 249 § 27, 1980]

6.04.290 Harboring animal in violation of articles.

Any person, including the owner or a member of his or her family, who shall give refuge to or who shall fail or refuse to deliver possession of an animal to the animal control authority who was in pursuit of the animal seen violating any provision of these articles may be subject to a fine not to exceed $250.00. [Ord. 728, 2015; Ord. 678, 2011; Ord. 249 § 28, 1980]

6.04.300 Hot pursuit – Entry of owner’s premises.

An officer or other animal control authority, in hot pursuit of an animal known to be vicious, or reasonably suspected of being dangerous to persons other than wrongful trespassers upon his or her 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 animals, over 16 years of age, shall refuse to deliver the animal to the officer or animal control authority and the officer or animal control authority cannot with reasonable safety catch the animal, he or she may cause it to be killed; provided, such officer or animal control authority shall not enter the abode of the owner without a warrant therefor. [Ord. 741, 2015; Ord. 728, 2015; Ord. 678, 2011; Ord. 249 § 29, 1980]

6.04.310 Care of impounded animals.

All animals arrested and impounded shall be given humane care and properly fed during such detention. Reasonable effort shall be exerted to segregate such animals as to size, condition and temperament so that the timid, sick, weak or injured animals will not suffer from the actions of others. [Ord. 728, 2015; Ord. 249 § 30, 1980]

6.04.320 Impoundment – Retention time.

Except in those cases in which the animal is being redeemed or returned to the owner or person having the lawful right thereto, all impounded animals shall be retained for not less than 48 hours, after which time of giving notice of such impounding unless the animal is sick or injured and a sooner disposal is deemed by the animal control authority to be the proper course to be taken. The animal control authority shall retain impounded animals beyond the 48-hour minimum requirement, if, in his opinion, the animal is of sufficient value and attraction that the continued care and expense is warranted pending the sale or disposal of such animal. [Ord. 741, 2015; Ord. 728, 2015; Ord. 249 § 31, 1980]

6.04.330 Rabies – Duties of owner – Observation.

Repealed by Ord. 728. [Ord. 558, 2005; Ord. 249 § 32, 1980]

6.04.340 Rabies – Confinement of suspected animal.

Repealed by Ord. 728. [Ord. 678, 2011; Ord. 249 § 33, 1980]

6.04.350 Rabies – Suspected animal slain by authorized town official.

Repealed by Ord. 728. [Ord. 678, 2011; Ord. 249 § 34, 1980]

6.04.360 Penalties.

Any person found guilty of violating any terms of these articles for which no other penalty is expressly provided herein may be fined in any sum not to exceed $250.00, for each offense; provided, however, that any person convicted of enumerated acts may be guilty of a misdemeanor and punished by the appropriate fine only. [Ord. 728, 2015; Ord. 678, 2011; Ord. 249 § 35, 1980]

Article II. Livestock and Other Animals

6.04.370 Driving, leading or riding horses and cattle.

It is unlawful for any person, firm or corporation to drive, lead, or ride any horse or cattle within the town limits in a manner that might endanger persons or property, including but not limited to specific public land, town streets, roads and/or alleys. [Ord. 728, 2015; Ord. 249 § 36, 1980]

6.04.380 Horses on specified lands, streets, roads and/or streets.

It is unlawful for any person, firm, or corporation to drive, lead, or ride any horse or horses upon any portion of specified public lands, streets, roads, and/or alleys other than the regularly traveled portions thereof. [Ord. 728, 2015; Ord. 249 § 37, 1980]

6.04.390 Power to restrict.

The town council shall have the power to designate specified public lands, streets, roads, and/or alleys where no horse, horses or cattle shall be allowed to be kept, driven, led, or ridden except as authorized by the town council. [Ord. 728, 2015; Ord. 678, 2011; Ord. 249 § 38, 1980]

6.04.400 Maintaining offensive conditions – At large.

It is unlawful for any person, firm, or corporation to maintain any stable, pen, lot, place, or premises in which any horses, cattle, hogs, sheep, goats, mink, fox, chinchilla, or other animals, or in which any chickens, ducks, or other fowl or poultry, may be confined or kept in such a manner as to be nauseous, foul, or offensive to any community neighbor, family, or person, or allow such animals to roam at large within the town limits. [Ord. 728, 2015; Ord. 249 § 39, 1980]

6.04.410 Violation a public nuisance.

The keeping, driving, leading, or riding of animals in violation of these articles shall constitute a public nuisance and the designated animal control authority shall have the authority to enter all necessary orders to restrict or remove the animals from the town so that the nuisance shall be abated in addition to the penalties prescribed in CMC 6.04.240. [Ord. 728, 2015; Ord. 559, 2005; Ord. 249 § 40, 1980]

6.04.420 Penalty for violation.

Any person, firm, or corporation violating any provisions of this article may be punished by a fine not to exceed $250.00. [Ord. 728, 2015; Ord. 678, 2011; Ord. 249 § 41, 1980]

6.04.430 Cruelty to animals.

It is unlawful for any person to poison any animal, animals, or livestock or to distribute poison in any manner whatsoever with the intent or for the purpose of poisoning any animal within the town limits. [Ord. 728, 2015; Ord. 274 § 42, 1982]

6.04.440 Cruelty by abandonment.

No owner shall fail to provide his animal or livestock with sufficient veterinary care when needed to prevent suffering and with human care and treatment. No person will beat, cruelly treat, torment, overload, overwork, or otherwise abuse any animal, or cause or permit any dogfight, cockfight, bullfight or other conflict between animals and humans. No owner of any animal or livestock shall abandon any animal or livestock. [Ord. 728, 2015; Ord. 274 § 43, 1982]

6.04.445 Domestic farm and other animals.¹

Horses, beef cattle or other domestic farm animals are permitted on the condition that the number of animals not exceed a ratio of one per one-half acre of fenced pasture area. The keeping of mink, goats, foxes or hogs is prohibited in town limits. [Ord. 854, 2023]

Article III. Dangerous Dogs or Potentially Dangerous Dogs

6.04.450 Declaration of potentially dangerous dogs or dangerous dogs.

(1) The animal control authority or animal control officer may issue a notice of intent to declare a dog potentially dangerous or dangerous if there is probable cause to believe that the dog falls within the definitions. The notice of intent must be based on:

(a) 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 certain definition;

(b) Dog bite reports filed with the animal control authority as required by local or state laws;

(d) Other substantial evidence, including hearsay if it is of a nature that a reasonable and prudent person would rely upon.

(2) Service.

(a) Notices and orders issued pursuant to this section must be in writing and served on the owner in one of the following methods:

(i) Certified mail, with return receipt requested, and ordinary first class mail to the owner’s or keeper’s last known address; or

(ii) Personally by an authorized town representative to owner’s physical property address; or

(iii) If the owner cannot be located by one of the first two methods, by publication in a newspaper of general circulation.

(b) Service is effective on the date the notice is received; or, in the case of certified mail, three days after the notice is mailed; or, in the case of service by publication, 15 days after publication.

(c) The owner of any dog found to be a potentially dangerous or dangerous dog under this chapter shall be assessed all service costs expended under this subsection.

(3) The notice of intent to declare a dog potentially dangerous or dangerous must include:

(a) A description of the animal;

(b) The name and address of the owner or keeper of the animal, if known;

(d) The facts upon which the declaration is based;

(e) The restriction placed on the animal as a result of the declaration;

(f) A reference to the penalties for violation of the restriction, including the possibility of destruction of the animal, and imprisonment or fining of the owner; and

(g) A statement that the owner is entitled to an opportunity to meet with the sheriff or animal control authority for the town to give any reasons or information as to why the dog should not be declared potentially dangerous or dangerous and the date, time, and place of the meeting, and that the owner may propose an alternative meeting date and time, but that such meeting must occur within 15 days of the date the notice was served.

(4) Meeting with Sheriff or Animal Control Authority.

(a) If the owner does not attend the scheduled meeting with the sheriff or animal control authority, the sheriff or animal control authority may issue an order finding that the dog is potentially dangerous or dangerous and such meeting shall be audio recorded.

(b) If the owner attends the scheduled meeting with the sheriff or animal control authority, the owner may offer, orally or in writing, any reason or information as to why the dog should not be found potentially dangerous or dangerous.

(c) After review of the record and the owner’s reasons and information, the sheriff or animal control authority must determine whether a preponderance of the evidence weighs in favor of finding the dog potentially dangerous or dangerous.

(d) If the sheriff or animal control authority determines the dog is potentially dangerous or dangerous, the sheriff or animal control authority must issue a declaration that includes:

(i) A recital of the authority for the declaration;

(ii) A concise statement of the facts that support the determination; and

(iii) The signature of the person who made the determination.

(e) The sheriff or the animal control authority determination is final and may only be appealed to the Skagit County district court, which will review the record made at the meeting to determine whether the declaration is supported by a preponderance of the evidence. Any such appeal must be filed within 20 days of service of the order. Upon notice that an appeal has been filed, the sheriff or animal control authority must file a certified copy of the record from any such meeting with the district court. A recording of the meeting will be made available to the person appealing the ruling, who will have the responsibility of transcribing the meeting for the appeal.

(5) The sheriff or animal control authority may impound the dog found to be potentially dangerous or dangerous if circumstances require. If the final determination is upheld, the owner must pay impound costs consistent with CMC 6.04.170 and 6.04.180. [Ord. 741, 2015; Ord. 728, 2015]

6.04.460 Registration of potentially dangerous and dangerous dogs.

(1) It is unlawful for an owner of a potentially dangerous or dangerous dog to:

(a) Keep, own, or maintain such a dog in the town of Concrete without a current certificate of registration issued by the sheriff, animal control authority or the office of the town clerk;

(b) Move such a dog within or from the town of Concrete without a certificate of registration and the consent of the sheriff or animal control authority. The sheriff or the animal control authority must be informed as to the residence of any such dog at all times.

(2) The town clerk shall not issue a certificate of registration to the owner of a dangerous dog unless the owner presents to the office of the town clerk sufficient evidence of:

(a) A warning sign as required by CMC 6.04.470(2)(a); and

(b) A secure enclosure consistent with that required by CMC 6.04.470(2)(b), or a declaration that, while on the owner’s property, the owner will keep the dangerous dog securely confined indoors; and

(d) Compliance with the insurance requirement of CMC 6.04.470(2)(f)(i) or (ii).

(3) The registration fees are set as follows:

(a) For each potentially dangerous dog, the initial registration fee is $100.00, and the annual renewal fee is $50.00.

(b) For each dangerous dog, the initial registration fee is $200.00, and the annual renewal fee is $100.00.

(4) If a potentially dangerous or dangerous dog is destroyed or dies other than pursuant to CMC 6.04.180, the owner must present sufficient evidence of that fact to the animal control authority. If a potentially dangerous or dangerous dog is sold, given away, or otherwise disposed of, the owner must present verification of the dog’s new location to the animal control authority. [Ord. 728, 2015]

6.04.470 Restraint requirements for potentially dangerous or dangerous dogs.

(1) An owner of a potentially dangerous dog must:

(a) Conspicuously display a sign with a warning symbol on any premises where the dog is kept that informs children or other persons of the presence of a potentially dangerous dog;

(b) While on the owner’s property, ensure the dog is restrained by chain, leash, or other suitable confinement to prevent the animal from leaving the owner’s property;

(d) Ensure the dog wears a bright orange collar bearing the warning “potentially dangerous dog”; and

(e) Ensure the dog has a microchip implant for permanent identification.

(2) An owner of a dangerous dog must:

(a) Conspicuously display a sign with a warning symbol on any premises where the dog is kept that informs children and other persons of the presence of a dangerous dog.

(b) Ensure the dog is securely confined indoors, or inside a locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping, with secure sides and a secure top, that also provides protection from the elements for the dog;

(c) Whenever not confined, ensure the dog is securely muzzled, on a leash that is not longer than six feet in length, and under the control of a person 15 years of age or older who is physically able to control the dog;

(d) Ensure the dog wears a bright orange collar bearing the warning “dangerous dog”;

(e) Ensure the dog has a microchip implant for permanent identification; and

(f) Maintain either:

(i) A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the sheriff or the animal control authority in the sum of at least $250,000, payable to any person injured by the dangerous dog; or

(ii) 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. [Ord. 728, 2015]

6.04.480 Penalties.

(1) A violation of CMC 6.04.470 is a civil infraction; provided, however, that no such civil infraction may be assessed until five days have elapsed from the date such owner is notified by the sheriff or animal control authority that such a registration or renewal is required.

(a) For a potentially dangerous dog, the civil infraction carries a penalty of $125.00.

(b) For a dangerous dog, the civil infraction carries a penalty of $250.00.

(2) Failure to comply with the requirements of CMC 6.04.470 is a misdemeanor for a potentially dangerous dog and a gross misdemeanor for a dangerous dog. [Ord. 728, 2015]

6.04.490 Rabies – Duties of owner – Observation.

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 an abrasion or puncture of the skin, to kill, sell, or give away such an animal or to permit or allow such animal to be taken beyond the town limits except to a veterinarian hospital. It shall be the duty of the owner of the animal to immediately notify in person or by phone the sheriff, animal control authority or the county health department of the bite. Upon receipt of official notice, the owner of the animal shall place and keep the animal in confinement for a period of observation of at least 10 days or at the owner’s expense deliver the animal to a licensed veterinary hospital for an observation period. Provided, when the owner of the animal assumes the responsibility of the animal for the 10-day observation period, he shall keep the animal securely chained and confined to the premises of the owner and segregated from any other animals. The owner shall also take reasonable precautions to ensure the safety of persons from the animal during the observation period.

Should the animal during the observation period manifest any unusual behavior or develop symptoms or illness or die, the owner or veterinarian shall immediately notify law enforcement, the designated town official or the county health department of that condition.

Provided further, that any sheriff or animal control authority may have such animal placed in a duly licensed veterinary hospital at the owner’s expense, when the owner is unable to provide suitable quarters in which to confine the animal in the manner set forth in this section, or the animal manifests any questionable behavior or symptoms which may be rabies.

The sheriff or animal control authority may notify the Skagit County health officer of all reports received on animal bites. Where rabies is suspected, the Skagit County health officer shall be notified immediately. [Ord. 728, 2015]

6.04.500 Rabies – Confinement of suspected animal.

Upon taking possession of an animal known to have bitten or having displayed symptoms of rabies, any animal control authority or authorized agent shall forthwith convey such animal to the nearest veterinary hospital where such animal is confined for a period of at least 10 days. In the case that such animal is delivered to a veterinary hospital, notice of the name and location of such shall be immediately furnished to an authorized animal control authority by the owner of such animal. Upon receipt of such animal the veterinary hospital shall submit to a town animal control authority at the earliest possible time a certificate stating that such animal either shows no symptoms of rabies or does show symptoms of rabies. At the expiration of the 10 days of confinement and upon release of such animal, the veterinary hospital shall submit to the town a second certificate stating that the animal does not have rabies and has been released. The cost of maintaining such an animal in the veterinary hospital shall be borne by the owner thereof, except where the owner of such animal cannot be ascertained, the town shall then pay for such observation and care. [Ord. 728, 2015]

6.04.510 Rabies – Suspected animal slain by animal control authority.

In all cases where any animal, which has bitten a person or caused an abrasion or puncture of the skin, is slain by any animal control authority whether by order of the court or otherwise, and a period of 10 days has not elapsed since the day on which such dog bit any person or caused an abrasion or puncture of the skin of any person, it shall be the duty of said animal control authority slaying such animal to forthwith deliver intact the head of such animal to the county health official. [Ord. 728, 2015]

6.04.520 Enforcement.

(1) All civil penalties required to be paid for violations of this chapter must be made at the office of the town clerk.

(2) The animal control authority may impound:

(a) A potentially dangerous or dangerous dog for which the owner has not obtained a certificate of registration; or

(b) A potentially dangerous or dangerous dog that is not in compliance with CMC 6.04.460.

(3) The animal control authority may impound, quarantine for the proper length of time, and thereafter destroy in an expeditious and humane manner:

(a) A dangerous dog that bites a person or a domestic animal; or

(b) A dog that aggressively attacks and causes severe injury or death of a human, regardless of whether there has been previous determination of whether such dog is potentially dangerous or dangerous.

(4) The animal control authority may assess a civil penalty in the amount of $150.00 plus $10.00 for each day a potentially dangerous or dangerous dog is impounded, plus actual costs for any necessary additional care as approved by annual resolution of the town council.

(5) The animal control authority may destroy, in an expeditious and humane manner, a potentially dangerous or dangerous dog when the right to appeal has been exhausted or waived and the dog remains impounded for 20 days or more due to the failure of the owner to obtain a certificate of registration or pay civil penalties. The animal control authority may assess an additional civil penalty in the amount of $250.00 for the cost of destroying any such dog.

(6) No potentially dangerous dog or dangerous dog impounded by the animal control authority may be returned to any owner until such owner has paid all civil penalties assessed against such owner under this chapter. [Ord. 728, 2015]

6.04.530 Disclaimer of liability.

This chapter has been enacted for the welfare of the public as a whole. Nothing contained in this chapter is intended to be nor may be construed to create or form the basis of any liability on the part of the county or town of Concrete, its officers, employees, or agents for any injury or damage resulting from the failure of anyone to comply with the provisions of this chapter, or by reason or in consequence of the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the county or town of Concrete related in any manner to the enforcement of this chapter by its officers, employees or agents. [Ord. 728, 2015]

6.04.540 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the act where the application of the provision to other persons or circumstances is not affected. [Ord. 728, 2015]

Code reviser’s note: Ord. 854 adds this section as CMC 6.04.450. It has been editorially renumbered to prevent duplication of numbering.