Chapter 7.12
Dangerous Dogs, Potentially Dangerous Dogs
Sections:
7.12.005 Dangerous dogs, potentially dangerous dogs.
7.12.020 Exemption from declaration.
7.12.030 Declaration of dogs as dangerous dogs or potentially dangerous dogs--Procedure.
7.12.040 Owner requirements--Dog declared dangerous.
7.12.050 Owner requirements--Dog declared potentially dangerous.
7.12.060 Notification of status of dangerous dog or potentially dangerous dog.
7.12.070 Dangerous dogs and potentially dangerous dogs prohibited.
7.12.080 Violations--Penalties.
7.12.005 Dangerous dogs, potentially dangerous dogs.
In compliance with State law, Chapter 16.08 RCW, the following provisions apply to the keeping of dangerous and potentially dangerous dogs within the City of DuPont. (Ord. 10-912 § 1).
7.12.010 Definitions.
(a) “Dangerous dog” means any dog which when unprovoked inflicts severe injury on a human, kills a household pet without provocation while such dog is off its owner’s property, or has previously been found to be potentially dangerous and again aggressively bites, attacks, or endangers the safety of humans or household pets.
(b) “Potentially dangerous dog” means any dog which when unprovoked inflicts bites on a human or household pet, chases or approaches a person on public property 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 otherwise threaten the safety of humans or household pets.
(c) “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. (Ord. 10-912 § 1).
7.12.020 Exemption from declaration.
A dog shall not be declared dangerous or potentially dangerous if the threat or injury or damage is sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or caretaker of the dog, or was committing or attempting to commit a crime, 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. (Ord. 10-912 § 1).
7.12.030 Declaration of dogs as dangerous dogs or potentially dangerous dogs--Procedure.
(a) The animal control agency shall classify potentially dangerous or dangerous dogs. The agency may find and declare an animal dangerous or potentially dangerous if an animal control officer determines by a preponderance of the evidence that the animal falls within the definitions set forth in DMC 7.12.010. The finding must be based upon:
(1) The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definitions of DMC 7.12.010; or
(2) Dog bite reports filed with the animal control agency; or
(3) Actions of the dog witnessed by any animal control officer or law enforcement officer; or
(4) Other substantial evidence.
(b) Prior to the animal control agency issuing a finding and declaration that a dog is dangerous, the agency shall notify the dog’s owner in writing that he or she is entitled to an opportunity to meet with the agency, 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 15 calendar days following delivery of the notice. The owner may propose an alternative meeting date and time, but such meeting must occur within the 15-day time period following delivery of the notice. After such meeting, the agency must issue its final determination, in the form of a written order, within 15 calendar days.
(c) The declaration of dangerous dog or potentially dangerous dog shall be in writing and shall be served on the owner in one of the following methods:
(1) Certified mail to the owner’s last known address; or
(2) In person; or
(3) If the owner cannot be located by one of the first two methods, by publication in a newspaper of general circulation.
(d) The declaration shall state at least:
(1) The description of the animal;
(2) The name and address of the owner of the animal, if known;
(3) The whereabouts of the animal if it is not in the custody of the owner;
(4) A recital of the authority for the action;
(5) A brief concise statement of the facts upon which the declaration of dangerous dog or potentially dangerous dog is based;
(6) The availability of a hearing in case the owner objects to the declaration, if a request is made within 10 days;
(7) The restrictions placed on the animal as a result of the declaration of dangerous dog or potentially dangerous dog;
(8) The penalties for violation of the restrictions, including the possibility of destruction of the animal, and imprisonment or fining of the owner; and
(9) The signature of the person who made the determination.
(e) If the owner of the animal wishes to object to the declaration of dangerous dog or potentially dangerous dog:
(1) The owner may request a hearing before the City’s designated Hearing Examiner by submitting a written request to the City Clerk within 10 days of receipt of the declaration, or within 10 days of the publication of the declaration pursuant to subsection (c)(3) of this section.
(2) If the Hearing Examiner finds that there is not substantial evidence to support the facts upon which the declaration was based, or if the Hearing Examiner concludes that the declaration constitutes a clearly erroneous application of the law to the facts, the Hearing Examiner shall rescind the declaration, and annul the restrictions imposed thereby.
(3) If the Hearing Examiner finds substantial evidence to support the facts upon which the declaration was based, and concludes that the declaration was not a clearly erroneous application of the law to the facts, the Hearing Examiner shall affirm the declaration. The owner may appeal such decision only by seeking a writ of review from the Pierce County Superior Court pursuant to Chapter 7.16 RCW. A petition for writ of review of the Hearing Examiner’s decision must be filed in Superior Court within 30 days of the date of the Hearing Examiner’s written decision.
(4) During the entire appeal process, it shall be unlawful for the owner appealing the declaration of dangerous dog or potentially dangerous dogs to allow or permit such dog to:
(A) Be unconfined on the premises of the owner; or
(B) Go beyond the premises of the owner unless such 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. (Ord. 10-912 § 1; Ord. 12-933 § 1).
7.12.040 Owner requirements--Dog declared dangerous.
When a dog is declared dangerous by a law enforcement officer or animal control officer, the owner of the dog shall be required to:
(a) Register the dog with the City of DuPont and pay the initial registration fee set forth in the fee schedule adopted by the City Council and on file with the City Clerk. The annual registration renewal fee is due on the anniversary date of the initial registration.
(b) Keep the dog securely indoors or in a securely enclosed and locked pen or structure suitable to prevent the entry of young children and designed to prevent the dog from escaping. The pen or structure shall have a locking door with a padlock, secure sides, a concrete floor or if the pen or structure has no bottom secured to the sides, then the sides must be embedded in the ground no less than one foot, and a secure top attached to the sides, and shall provide protection for the dog from the elements.
(c) Possess a surety bond in the sum of at least $250,000, payable to any person injured by the dog, or possess a liability insurance policy, such as homeowner’s insurance, in the amount of at least $250,000, insuring the owner for any personal injuries inflicted by the dog.
(d) Keep the dog muzzled and on a substantial leash not to exceed eight feet in length and under the control of a competent person while off the owner’s property. 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.
(e) Conspicuously display a sign on the owner’s property warning of the presence of a dangerous dog, posted and visible from all streets and public rights-of-way adjacent thereto, clearly stating “Warning, Dangerous Dog,” with letter size not smaller than two and one-half inches in height. In addition, the sign shall conspicuously display a warning symbol that informs children of the presence of a dangerous dog.
(f) Implant a microchip in a dog declared potentially dangerous for permanent identification. This information must be on record with the microchip company. (Ord. 10-912 § 1).
7.12.050 Owner requirements--Dog declared potentially dangerous.
When a dog is declared potentially dangerous by a law enforcement officer or animal control officer, the owner of the dog shall be required to:
(a) Register the dog with the City of DuPont and pay the initial registration fee set forth in the fee schedule adopted by the City Council and on file with the City Clerk. The annual registration renewal fee is due on the anniversary date of the initial registration.
(b) Keep the dog securely indoors or in a securely enclosed and locked pen or structure suitable to prevent the entry of young children and designed to prevent the dog from escaping. The pen or structure shall have a locking door with a padlock, secure sides, a concrete floor or if the pen or structure has no bottom secured to the sides, then the sides must be embedded in the ground no less than one foot, and a secure top attached to the sides, and shall provide protection for the dog from the elements.
(c) Keep the dog muzzled and on a substantial leash not to exceed eight feet in length and under the control of a competent person while off the owner’s property. 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.
(d) Conspicuously display a sign on the owner’s property warning of the presence of a potentially dangerous dog, posted and visible from all streets and public rights-of-way adjacent thereto, clearly stating “Warning, Potentially Dangerous Dog,” with letter size not smaller than two and one-half inches in height. In addition, the sign shall conspicuously display a warning symbol that informs children of the presence of a potentially dangerous dog.
(e) Implant a microchip in a dog declared potentially dangerous for permanent identification. This information must be on record with the microchip company. (Ord. 10-912 § 1).
7.12.060 Notification of status of dangerous dog or potentially dangerous dog.
The owner of a dog that has been classified as a dangerous dog or potentially dangerous dog shall immediately notify the animal control agency when such dog:
(a) Is loose or unconfined; or
(b) Has bitten or otherwise injured a human being or attacked another animal; or
(c) Is sold or given away or dies; or
(d) Is moved to another address.
Prior to a dangerous dog or potentially dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control agency. The new owner shall comply with all of the requirements of this chapter. (Ord. 10-912 § 1).
7.12.070 Dangerous dogs and potentially dangerous dogs prohibited.
It is unlawful to knowingly own a dog within the corporate boundaries of the City that has been declared a dangerous dog or potentially dangerous dog pursuant to the laws or regulations of another city, town, or county. (Ord. 10-912 § 1).
7.12.080 Violations--Penalties.
(a) Violation of this chapter is a gross misdemeanor punishable by imprisonment in the county jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine.
(b) Any dangerous dog shall be immediately confiscated by an animal control authority if:
(1) The dog is not validly registered as required under DMC 7.12.040(a); or
(2) The owner does not secure liability insurance coverage as required under DMC 7.12.040(c); or
(3) The dog is not maintained in the proper enclosure as required under DMC 7.12.040(b); or
(4) The dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of a competent person as required under DMC 7.12.040(d).
The owner shall pay the costs of confinement and control. The animal control authority must serve notice upon the dog owner in person or by certified mail, 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 20 days. The animal control authority shall destroy the confiscated dangerous dog in an expeditious and humane manner if any deficiencies required by this subsection are not corrected within 20 days of notification. The owner shall pay the costs of destruction.
(c) Any potentially dangerous dog shall be immediately confiscated by an animal control authority if:
(1) The dog is not validly registered as required under DMC 7.12.050(a); or
(2) The dog is not maintained in the proper enclosure as required under DMC 7.12.050(b); or
(3) The dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of a competent person as required under DMC 7.12.050(c).
The owner shall pay the costs of confinement and control. The animal control authority must serve notice upon the dog owner in person or by certified mail, specifying the reason for the confiscation of the potentially dangerous dog, and that the owner is responsible for payment of the costs of confinement and control.
(d) Any dangerous dog or potentially dangerous dog which attacks a human being or domestic animal may be ordered destroyed when, in the City’s designated Hearing Examiner’s judgment, such dangerous dog or potentially dangerous dog represents a continuing threat of serious harm to human beings or domestic animals, unless the dog is exempt under DMC 7.12.020, or may be ordered removed from the City of DuPont. (Ord. 10-912 § 1).