Chapter 5.28
POTENTIALLY DANGEROUS AND DANGEROUS DOGS
Sections:
5.28.010 Dog Bites to Be Reported
5.28.040 Quarantine Responsibility
5.28.050 Declaration of Potentially Dangerous Dog
5.28.060 Declaration of Dangerous Dog
5.28.070 Hearing Procedure for Dangerous or Potentially Dangerous Dogs
5.28.080 Requirements for Keeping a Potentially Dangerous Dog
5.28.090 Requirements for Keeping a Dangerous Dog Pending an Appeal
5.28.100 Dogs Declared Dangerous Prohibited
5.28.110 Violation and Penalty
5.28.010 Dog Bites to Be Reported.
The owner of a dog or any person who is bitten by a dog, or the owner of a domestic animal bitten by a dog, or any doctor, veterinarian or hospital which has information that a person or domestic animal was bitten by a dog shall immediately report the event to the Animal Control Authority. (Ord. 1134, Sec. 4 (Exh. A), 2022)
5.28.020 Aggressive Dogs.
All acts of aggression by a dog that is a potential or probable threat to the safety and welfare of the community shall be investigated by the Animal Control Authority. (Ord. 1134, Sec. 4 (Exh. A), 2022)
5.28.030 Definitions.
Additional definitions are found in Chapter 5.08.
(a) “Appellant” means a person that has submitted a timely appeal of the Animal Control Authority’s declaration of a dangerous dog or potentially dangerous dog.
(b) “Dangerous dog” means any dog that:
(1) Inflicts severe injury on a human being without provocation on public or private property; or
(2) Inflicts severe injury on or kills a domestic animal without provocation while the dog is 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.
(c) “Potentially dangerous dog” means any dog that when unprovoked:
(1) Inflicts a bite or bites on a human, pet, livestock or domestic animal (including poultry and water fowl) on either public or private property; or
(2) Chases or approaches a person on either public or private grounds in a menacing fashion or apparent attitude of attack; or
(3) Any dog with a known propensity, tendency, or disposition to attack unprovoked, or to cause injury or otherwise threaten the safety of humans, pets, or livestock on any public or private property.
(d) “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. (Ord. 1134, Sec. 4 (Exh. A), 2022)
5.28.040 Quarantine Responsibility.
(a) Every dog which bites a person must be quarantined according to this subsection (a) for a period of 10 days. At the discretion of the Animal Control Authority, the quarantine may occur by:
(1) Securing the dog on the owner’s premises with the approval of and under the supervision of the Animal Control Authority and not allowing said dog to run at large or to come in contact with any person or other animal. If at any time in the discretion of the Animal Control Authority, the owner is not securing and supervising the dog adequately for quarantine purposes, the Animal Control Authority may place or impound the dog pursuant to subsection (a)(2) of this section; or
(2) Placing the dog in a veterinary hospital or impounding it to an approved shelter for a period of at least 10 days.
(b) Dogs quarantined under this section may not be transported outside of the City limits without the prior written permission of the Animal Control Authority. (Ord. 1134, Sec. 4 (Exh. A), 2022)
5.28.050 Declaration of Potentially Dangerous Dog.
(a) The Animal Control Authority may find and declare a dog potentially dangerous if the Animal Control Authority has probable cause to believe that the dog falls within the definition set forth in Section 5.28.030(c). The declaration must be based upon:
(1) The written complaint of a citizen who is willing to testify that the dog has acted in a manner which causes it to fall within the definition of a potentially dangerous dog in Section 5.28.030(c); or
(2) Dog bite reports filed with the Animal Control Authority; or
(3) Actions of the dog witnessed by the Animal Control Authority; or
(4) Other substantial evidence.
(b) The potentially dangerous dog declaration shall be in writing and shall be served on the dog owner in one of the following methods:
(1) Certified mail to the owner’s last known address; or
(2) Personal service on the owner; or
(3) Any person of suitable age and discretion residing at the owner’s residence.
(c) A potentially dangerous dog declaration shall contain:
(1) The description of the dog;
(2) The name and address of the owner, if known;
(3) The location of the dog if not in custody of the owner;
(4) The facts and RCW or LSMC section upon which the declaration of potentially dangerous dog is based;
(5) The restrictions placed on the animal by this chapter;
(6) The availability of a hearing pursuant to Section 5.28.070 before the Marysville Municipal Court provided a written appeal is submitted to the court and the Lake Stevens Police Chief not more than five business days after service of the potentially dangerous dog declaration; and
(7) That the service of a potentially dangerous dog declaration shall, unless timely appealed, be a final determination that the dog is a potentially dangerous dog. Failure to timely file a notice of appeal shall constitute a waiver of the right to appeal the determination of the declaration of potentially dangerous dog. (Ord. 1134, Sec. 4 (Exh. A), 2022)
5.28.060 Declaration of Dangerous Dog.
(a) The Animal Control Authority shall have authority to declare, classify and restrict dangerous dogs. Prior to the Animal Control Authority issuing its final declaration, the Animal Control Authority shall notify the owner in writing that the City intends to declare the dog dangerous (“intent to declare declaration”) and that the owner is entitled to an administrative review meeting with the City designee, 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 15 calendar days following the delivery of the notice. Within 15 calendar days of such meeting, the City shall issue its final written determination.
(b) After such administrative review meeting, the Animal Control Authority may find and declare the dog to be dangerous if the Animal Control Authority has probable cause to believe that the dog falls within the definition set forth in Section 5.28.030(b). The declaration 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 definition of Section 5.28.030(b); or
(2) Dog bite reports filed with the Police Department; or
(3) Actions of the dog witnessed by any animal control authority; or
(4) Other substantial evidence.
(c) The intent to declare declaration, and the dangerous dog declaration, 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) Personal service on the owner; or
(3) Any person of suitable age and discretion residing at the owner’s residence.
(d) The declaration shall state at least:
(1) The description of the dog;
(2) The name and address of the owner, if known;
(3) The location of the dog if not in custody of the owner;
(4) The facts and RCW or LSMC section upon which the declaration of dangerous dog is based;
(5) The restrictions placed on the animal by RCW 16.08.080 or this chapter;
(6) A summary of the potential penalties for violation of the restrictions;
(7) The availability of a hearing pursuant to Section 5.28.070 before the Marysville Municipal Court provided a written appeal is submitted to the court and the Lake Stevens Police Chief not more than five business days after service of the dangerous dog declaration; and
(8) That the service of a dangerous dog declaration shall, unless timely appealed, be a final determination that the dog is a dangerous dog. Failure to timely file a notice of appeal shall constitute a waiver of the right to appeal the determination of the declaration of a dangerous dog. (Ord. 1134, Sec. 4 (Exh. A), 2022)
5.28.070 Hearing Procedure for Dangerous or Potentially Dangerous Dogs.
(a) Appeal Submittal. Appeals, conforming to the requirements established in subsection (b) of this section, shall be submitted to the Marysville Municipal Court and the Lake Stevens Police Chief.
(b) Appeal Contents. An appeal pursuant to this chapter shall be in writing and shall address the following requirements:
(1) The names and addresses of all persons who will be participating in the appeal, along with their legal interest in the dog involved in the proceeding.
(2) A brief statement of the specific action protested, together with any material facts related to this protest.
(3) A brief statement of the outcome sought and the reason why the protested action should be reversed, modified, or otherwise set aside.
(4) The appeal should be signed by the interested persons and include the following penalty of perjury statement by at least one of these persons:
I, _______________________, certify and declare under the penalty of perjury under the laws of the state of Washington the foregoing is true and correct.
(5) An appeal fee in the amount established by the City’s fee schedule, which may be amended from time to time.
(c) Hearing Date. Upon receipt of a timely filed notice of appeal, a hearing shall be scheduled not more than 60 days from the date of the filing of the notice of appeal. Written notice of the date of the hearing shall be sent to the appellants at least 10 days prior to the scheduled hearing date.
(d) Failure to Appear--Default Order. The failure of the appellant to appear at the hearing shall result in a denial of the appeal and upholding of the declaration of dangerous dog or potentially dangerous dog.
(e) Alternative Determination. Nothing prevents the appellant(s) and the City from reaching an amicable decision before or at the time of hearing.
(f) Payment of Costs. If the court upholds the Animal Control Authority’s declaration of the dog, the owner must pay all costs and fees of confinement, impound and control. In addition, if the owner does not file a timely appeal, the restrictions imposed in connection with the declaration shall remain in effect for the life of the dog, unless sooner lifted by Animal Control Authority or a court of competent jurisdiction.
(g) Hearing Procedure.
(1) Declaration Probable Cause. Dogs shall be found dangerous or potentially dangerous upon proof that the dog is as defined in Section 5.28.030, established by the probable cause standard required for the declaration of the Animal Control Authority.
(2) Presentation of Evidence. At the appeal hearing, the court shall take evidence relevant to the Animal Control Authority’s declaration and the appellant’s notice of appeal.
(3) Burden of Proof and Standard of Review. The Animal Control Authority shall have the burden of proving that the dog is dangerous by a preponderance of the evidence.
(4) De Novo Hearing. The owner of the dog may present evidence in defense of the animal. The court shall weigh the evidence presented by both the Animal Control Authority and the owner (if applicable). At the conclusion of the hearing, or within 10 business days of the conclusion of the hearing, the court shall issue a written order and may make the following determinations:
(i) The dog in question is a dangerous dog or potentially dangerous dog by a preponderance of the evidence;
(ii) The dog in question is declared to be not dangerous or potentially dangerous.
(5) Decision of the Court. The decision of the Marysville Municipal Court shall be a final administrative decision appealable to the Snohomish County Superior Court within 30 days of the final written order. (Ord. 1134, Sec. 4 (Exh. A), 2022)
5.28.080 Requirements for Keeping a Potentially Dangerous Dog.
The owner of a dog declared to be a potentially dangerous dog shall comply with the following conditions:
(a) Confinement. Owner(s) are required to securely confine the dog on the owner’s property. “Confined” shall mean: secured indoors or in a securely enclosed and locked pen or structure suitable to prevent the entry of persons other than the owner and designed to prevent the animal from escaping; or, in a securely fenced yard with a locked gate. The pen or structure shall include shelter and protection from the elements and shall provide adequate exercise, light and ventilation. Furthermore, the enclosed pen or structure shall be kept in a clean and sanitary condition.
(b) Leash. The dog shall not be outside the proper enclosure unless the dog is humanely muzzled, restrained by a substantial chain or leash no more than eight feet in length, and under physical restraint of a responsible person. The muzzle shall be made in a manner that shall not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or domestic animal.
(c) Microchip. The owner shall be required to microchip their dog by a veterinarian of the owner’s choice, at the owner’s expense. The evidence documenting the placement of the microchip that is capable of being scanned by an “AVID” or equivalent brand microchip scanner shall be provided to the Animal Control Authority within 15 days after service of the potentially dangerous dog declaration.
(d) Transfer of Ownership. It is unlawful for an owner of a dangerous dog to sell, barter, or otherwise transfer the ownership, custody, or residence of the dog without first obtaining written approval from the Animal Control Authority.
(e) Notification. The owner of a potentially dangerous dog shall immediately notify the Animal Control Agency when the dog is loose or unconfined off the premises of the owner.
(f) Penalty. Failure of owner(s) to comply with any of the conditions imposed under this section may, in addition to other enforcement, result in the dog being immediately impounded.
(g) Requirements Effective. These requirements take effect immediately upon service of the potentially dangerous dog declaration and remain in force, including during any appeal of the potentially dangerous dog declaration, until otherwise lifted by a court of competent jurisdiction or the Animal Control Authority. Further, these requirements are in addition to all other registration, vaccination, and other requirements contained in this title. (Ord. 1134, Sec. 4 (Exh. A), 2022)
5.28.090 Requirements for Keeping a Dangerous Dog Pending an Appeal.
The owner of a dog declared to be dangerous and pending a timely appeal shall comply with the following requirements:
(a) Insurance or Surety Bond. Pursuant to RCW 16.08.080, within 15 days of service of the dangerous dog declaration, the owner of the dog named in the declaration shall either post bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the Animal Control Authority; in the sum of at least $250,000 payable to any person injured by the dog; or obtain 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 dog.
(b) Confinement. The owner is required to securely confine the dog on the owner’s property. “Confined” shall mean: secured indoors or in a securely enclosed and locked pen or structure suitable to prevent the entry of persons other than the owner and designed to prevent the animal from escaping; or, in a securely fenced yard with a locked gate. The pen or structure shall include shelter and protection from the elements and shall provide adequate exercise, light and ventilation. Furthermore, the enclosed pen or structure shall be kept in a clean and sanitary condition.
(c) Leash. The dog shall not be outside the proper enclosure unless the dog is humanely muzzled, restrained by a substantial chain or leash no more than eight feet in length, and under physical restraint of a responsible person. The muzzle shall be made in a manner that shall not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or domestic animal.
(d) Warning Signs. The owner is required to post signs for the duration the dog is on the premises to warn the public 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.
(e) Microchip. The owner shall be required to microchip their dog by a veterinarian of the owner’s choice, at the owner’s expense. The evidence documenting the placement of the microchip that is capable of being scanned by an “AVID” or equivalent brand microchip scanner shall be provided to the Animal Control Authority within 15 days after service of the dangerous dog declaration.
(f) Transfer of Ownership. It is unlawful for an owner of a dangerous dog pending an appeal to sell, barter, or otherwise transfer the ownership, custody, or residence of the dog without first obtaining written approval from the Animal Control Authority. Request for approval to sell, barter, or otherwise transfer the ownership, custody or residence of the dog shall be submitted at least 30 days prior to the transfer and shall include who the dog is being transferred to, the address of that person, and when the transfer will occur.
(g) Impoundment of Dangerous Dog. Any dangerous dog may be immediately impounded by the Animal Control Authority if:
(1) The dog is not validly registered under this section;
(2) The owner does not secure the liability insurance coverage required under this section;
(3) The dog is not maintained in a secure enclosure;
(4) The dog is outside the dwelling of the owner, or outside of the secure enclosure and not under physical restraint of the responsible owner; or
(5) Any and all other failures to abide by restraints imposed on the owner or violations of this section or the Lake Stevens Municipal Code.
(h) Financial Responsibility. The owner of a dangerous dog shall pay all costs associated with enforcement of this section.
(i) Penalty. An owner of a dangerous dog’s failure to comply with the conditions imposed pursuant to this section shall be guilty of a gross misdemeanor.
(j) Requirements Effective. These requirements take effect immediately upon service of the dangerous dog declaration and remain in force, including during any appeal of the dangerous dog declaration, until otherwise lifted by a court of competent jurisdiction or the Animal Control Authority. Further, these requirements are in addition to all other registration, vaccination, and other requirements contained in this title. (Ord. 1134, Sec. 4 (Exh. A), 2022)
5.28.100 Dogs Declared Dangerous Prohibited.
(a) Dogs declared to be dangerous dogs upon the conclusion of all appeal periods shall be immediately:
(1) Removed by the Animal Control Authority or police officer and impounded and held until they are destroyed in a humane manner; or
(2) Be permanently removed from the limits of the City under written conditions agreed upon by the Lake Stevens Police Department.
(b) Dogs declared to be dangerous, by the City of Lake Stevens or any other jurisdiction, are prohibited within the City limits of Lake Stevens. (Ord. 1134, Sec. 4 (Exh. A), 2022)
5.28.110 Violation and Penalty.
Unless otherwise provided by Chapter 16.08 RCW or this chapter, failure to comply with any provision of this chapter, or violation of any provision of this chapter, is:
(a) A misdemeanor subject to a jail term of not more than 90 days, a fine of not more than $1,000, or both such fine and imprisonment; or
(b) Subject to enforcement pursuant to Title 17. (Ord. 1134, Sec. 4 (Exh. A), 2022)