Chapter 6.08
DANGEROUS DOGS
Sections:
6.08.020 Adoption by reference.
6.08.030 Potentially dangerous dogs – Registration and compliance with chapter required.
6.08.040 Potentially dangerous dogs – Certificate of registration – Fee – Requirements.
6.08.050 Potentially dangerous dogs – Enclosure or secure restraint required.
6.08.060 Potentially dangerous dogs and dangerous dogs – Impoundment.
6.08.065 Microchipping of dangerous and potentially dangerous dogs required.
6.08.070 Dangerous dogs – Registration certificate – Fee.
6.08.075 Dangerous dogs – Sterilization required – Further acquisition prohibited.
6.08.080 Declaration as dangerous or potentially dangerous dog – Notice to owner – Appeal.
6.08.090 Basis for determination.
6.08.100 Violation – Nondeclaration no defense.
6.08.110 Confiscation of dangerous dogs.
6.08.115 Euthanization required – Notice to owner – Appeal.
6.08.120 Disclaimer of liability.
6.08.010 Purpose.
It is the purpose of this chapter to provide a means of controlling errant animal behavior so that it shall not become a public nuisance. This chapter shall be construed so as to be consistent with Chapter 16.08 RCW. In the event of a conflict between this chapter and any provision of Chapter 16.08 RCW, then in that event the applicable provision of Chapter 16.08 RCW shall prevail. (Ord. 3301 § 3, 2005).
6.08.020 Adoption by reference.
The following provisions of the Revised Code of Washington as presently constituted or hereafter amended are adopted by reference:
RCW
16.08.070 Dangerous dogs and related definitions.
16.08.080 Dangerous dogs – Certificate of registration required – Prerequisites.
16.08.090 Dangerous dogs – Requirements for restraint – Potentially dangerous dogs – Dogs not declared dangerous.
16.08.100(1) Relating to dangerous dogs.
(Ord. 3301 § 3, 2005).
6.08.030 Potentially dangerous dogs – Registration and compliance with chapter required.
It is unlawful for any owner to have, maintain or bring into the city any dangerous dog or potentially dangerous dog unless the owner has obtained a certificate of registration for the dog from the city and is in compliance with all of the provisions made applicable to the keeping of such dogs by this chapter. This section shall not apply to dogs used by law enforcement agencies for police work. (Ord. 3301 § 3, 2005).
6.08.040 Potentially dangerous dogs – Certificate of registration – Fee – Requirements.
A. Upon application therefor, and upon payment of a registration fee in the amount of $50.00, the city shall issue a certificate of registration of potentially dangerous dog to the owner of a dog so classified if the owner presents to the city sufficient evidence of:
1. Enclosure. A proper enclosure to confine a potentially dangerous dog or dangerous dog, as those terms are defined herein; and
2. Bond or Insurance.
a. A $250,000 surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the city, payable to any person injured by the potentially dangerous animal, or
b. A policy of liability insurance, such as homeowner’s insurance, or a public liability insurance issued by an insurer qualified under RCW Title 48 and acceptable to the city in an amount of not less than $250,000 with maximum deductible coverage not to exceed $2,500 in a form requiring notice to the city of cancellation or nonrenewal of such policy not less than 30 days prior to its date of cancellation or expiration, insuring the owner for any personal injuries or property damage inflicted by the animal.
B. Such certificate of registration of a potentially dangerous dog shall be valid for a period of one year, commencing January 1st of each year, and shall be renewed annually on or before January 31st.
C. The certificate of registration of potentially dangerous dog shall be in addition to the registration required by Chapter 6.04 MVMC.
D. The owner of any potentially dangerous dog or dangerous dog for which a certificate of registration has been issued by the city of Mount Vernon or any other city or county authority in the state of Washington, or the owner of any unregistered potentially dangerous dog or dangerous dog, shall notify the animal control officer of the city in writing whenever such potentially dangerous dog or dangerous dog has either been permanently removed from the city, or has become deceased. The written notice to the city must provide the address where the dog resides and state the person(s) who are responsible for and has custody of the dog.
E. Exemption to Requirements. An animal that for the first time is classified as “potentially dangerous” under the provisions of this chapter may be exempted from the certification requirements above, provided the animal has passed the Canine Good Citizen (CGC) test of the American Kennel Club (AKC), as administered by any AKC certified trainer, received appropriate certification from the AKC, and that certification has been provided to the city. Such animal shall be retested at least once every two years and must pass each time in order to maintain this exemption. Any failure to provide current certification within the two-year time period or any failure of the animal to pass shall result in the permanent removal of the exemption. An animal shall be allowed one exemption. The exemption shall cease to continue or apply regardless of certification from the AKC or the passing of CGC testing if the animal acts in a manner that gives rise to a second finding that the animal is “potentially dangerous” under the provisions of this chapter. In the event the animal acts in a manner that gives rise to a finding that the animal has aggressively bitten, attacked, or endangered the safety of humans and has been previously classified as “potentially dangerous” because of injury inflicted on a human the exemption shall cease to continue and the animals shall be classified as “dangerous.” The exemption shall be noted on the dog license application. (Ord. 3616 § 1, 2013; Ord. 3448 § 1, 2009; Ord. 3301 § 3, 2005).
6.08.050 Potentially dangerous dogs – Enclosure or secure restraint required.
It is unlawful for the owner of a potentially dangerous dog to permit the dog to be outside the proper enclosure of the potentially dangerous dog unless such dog is restrained by a substantial physical control device, including a leash or carrying cage, and under physical restraint of a responsible person. In addition to physical control devices, an animal control officer may require a potentially dangerous dog to be muzzled while outside the proper enclosure. In prescribing the muzzle requirement for a potentially dangerous dog the animal control officer must take into consideration the following factors:
A. The breed of the animal and its characteristics;
B. The physical size of the animal;
C. The number of animals in the owner’s home;
D. The zoning involved; size of the lot where the animal resides; the number and proximity of neighbors;
E. The existing control factors, including but not limited to fencing, caging, runs and staking locations;
F. The nature of the behavior giving rise to the animal control officer determination that the animal is vicious:
1. Extent of injury(ies),
2. Circumstances, e.g., time of day, on/off property, provocation instinct,
3. Circumstances surrounding the result and complaint, e.g., neighborhood disputes, identification, credibility of complainants, and witnesses. (Ord. 3301 § 3, 2005).
6.08.060 Potentially dangerous dogs and dangerous dogs – Impoundment.
Any potentially dangerous dog or dangerous dog shall be immediately impounded by an animal control officer if:
A. The dog is not validly registered under this chapter;
B. The owner does not secure or maintain either a surety bond or insurance coverage as required by MVMC 6.08.040 or 6.08.070;
C. The dog is not maintained in the proper enclosure; or
D. The dog is outside the dwelling of the owner, or outside the proper enclosure and not under proper physical restraint of a responsible person, or muzzled, as required. (Ord. 3616 § 2, 2013; Ord. 3301 § 3, 2005).
6.08.065 Microchipping of dangerous and potentially dangerous dogs required.
A. Any dog which is declared to be a “dangerous dog” or “potentially dangerous” pursuant to this chapter or Chapter 16.08 RCW or a similar provision in another jurisdiction shall be required to be microchipped by a veterinarian of the owner’s choice, at the owner’s expense and the name of the microchip manufacturer and identification number of the microchip must be provided to the animal control authority. This shall be in addition to the other requirements of this chapter and this procedure must be accomplished within 30 days after the owner’s receipt of the dangerous dog declaration issued pursuant to this chapter or Chapter 16.08 RCW or upon 30 days after moving the potentially dangerous or dangerous animal into the city limits. Documentation of the microchip implant shall be provided to the city, including the microchip identification number, within 30 days after the microchip implantation. If the owner does not have the dog microchipped the city animal control officer shall seize the dog and have the animal microchipped at the owner’s expense.
B. Removal of a required microchip implanted in a declared “dangerous dog” or “potentially dangerous” dog shall be unlawful excepting the existence of a valid medical reason as determined by a veterinarian of the owner’s choice. Removal of a required microchip must be reported to the city within 30 days of the procedure with documentation from the veterinarian performing the procedure of the medical reason for removal. (Ord. 3448 § 2, 2009).
6.08.070 Dangerous dogs – Registration certificate – Fee.
A. Upon application therefor, and upon payment of a registration fee in the amount of $500.00, the city shall issue a certificate of registration of dangerous dog to the owner of such a dog if the owner presents to the city sufficient evidence of:
1. Enclosure. A proper enclosure to confine a dangerous dog, as that term is defined herein; and
2. Bond or Insurance.
a. A $500,000 surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the city in a sum of at least $500,000 payable to any person injured by the potentially dangerous animal; or
b. A policy of liability insurance, such as a homeowner’s insurance, or public liability insurance acceptable to the city issued by an insurer qualified under RCW Title 48 in the amount of not less than $500,000 with maximum deductible coverage not to exceed $2,500 in a form requiring notice to the city of cancellation or nonrenewal of such policy not less than 30 days prior to its date of cancellation or expiration, insuring the owner for any personal injuries or property damage inflicted by the animal.
B. Such certificate of registration of a dangerous dog shall be valid for a period of one year, commencing January 1st of each year, and shall be renewed annually on or before January 31st.
C. The certificate of registration of a dangerous dog shall be in addition to the registration required by Chapter 6.04 MVMC.
D. Any dog that has been declared to be a dangerous dog pursuant to the provisions of Chapter 16.08 RCW by any jurisdiction having authority shall be registered as such as provided herein.
E. The owner of any dangerous dog for which a certificate of registration has been issued by the city shall notify the animal control officer of the city in writing whenever such dangerous dog has either been permanently removed from the city, or has become deceased. (Ord. 3448 § 3, 2009; Ord. 3301 § 3, 2005).
6.08.075 Dangerous dogs – Sterilization required – Further acquisition prohibited.
A. Any dog which is declared to be a “dangerous dog” pursuant to this chapter or Chapter 16.08 RCW shall be required to be sterilized by a veterinarian of the owner’s choice, at the owner’s expense. If the owner does not have the animal sterilized within 30 days, the city animal control officer shall seize the dog and have the animal sterilized at the owner’s expense.
B. Any person owning a dog which is declared to be a “dangerous dog” pursuant to this chapter or Chapter 16.08 RCW is prohibited from acquiring or owning any additional dangerous dogs. (Ord. 3448 § 4, 2009).
6.08.080 Declaration as dangerous or potentially dangerous dog – Notice to owner – Appeal.
A. The animal control officer shall have the authority to declare any dog in the city a dangerous dog or potentially dangerous dog, which shall serve as notice to the owner that compliance with all provisions of this chapter and state law is required.
B. A declaration by the animal control officer that a dog is dangerous or potentially dangerous must be in writing and shall be served by the animal control officer or a police officer upon the owner by one of the following methods:
1. Certified mail, return receipt requested, to the last known address of the owner, or the address shown on any registration obtained pursuant to Chapter 6.04 MVMC; or
2. Personal service.
C. The declaration shall set forth at a minimum:
1. A description of the dog;
2. The name and address of the owner of the animal, if known;
3. The location of the animal if not in the custody of the owner;
4. A brief statement of the facts upon which the declaration is based;
5. The date upon which the declaration was mailed or served;
6. Notice of the right to appeal the declaration to the municipal court by filing a written request therefor with the city attorney and the municipal court within 10 days of the date the declaration was mailed or served;
7. A brief statement of the restrictions and regulations applicable to the keeping of the dog by reason of its status as dangerous or potentially dangerous or inclusion of a copy of the specific ordinance(s) that have been alleged to have been violated.
D. Any owner who has been notified of a declaration of dangerous dog or potentially dangerous dog may appeal such declaration to the municipal court by filing a written request therefor with the city attorney and the municipal court within 10 days of the date of mailing or service of the declaration.
E. Upon receiving a request to appeal a declaration of dangerous dog or potentially dangerous dog, the municipal court shall schedule a hearing which shall be held not later than 30 days from the date of the request, unless extended by the court for good cause.
F. At a hearing under this section, the city shall have the burden of proof, by a preponderance of the evidence, to demonstrate that the dog is dangerous or potentially dangerous.
G. Following a hearing under this section, the judge may sustain or overrule the determination of the animal control officer by written order. (Ord. 3301 § 3, 2005).
6.08.090 Basis for determination.
A dog shall not be considered or declared potentially dangerous or dangerous solely on the basis of inflicting bites on a person or by chasing or approaching in a menacing fashion or apparent attitude of attack any person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime. (Ord. 3301 § 3, 2005).
6.08.100 Violation – Nondeclaration no defense.
The fact that a dangerous dog or potentially dangerous dog has not been declared as such under MVMC 6.08.090 or similar laws in other jurisdictions shall not excuse noncompliance with the provisions of this chapter or provide a defense in any prosecution hereunder where the owner knew or should have known that the dog was a dangerous dog or potentially dangerous dog as defined in this chapter. (Ord. 3301 § 3, 2005).
6.08.110 Confiscation of dangerous dogs.
If a dangerous dog attacks or bites a person or another domestic animal, the dangerous dog shall be immediately confiscated by an animal control officer and placed in quarantine for the proper length of time, after which such dangerous dog may be humanely destroyed or otherwise disposed of, within the discretion of the animal control officer. The decision of the animal control officer to have the dog destroyed or otherwise disposed of shall be appealable to the municipal court in the same manner as prescribed under MVMC 6.08.090. In the event such an appeal is taken, no dog shall be destroyed or otherwise disposed of until after the hearing before the municipal court and the decision thereof. (Ord. 3301 § 3, 2005).
6.08.115 Euthanization required – Notice to owner – Appeal.
A. Any dog, regardless of whether or not the dog has previously been declared potentially dangerous or dangerous, shall be required to be expeditiously and humanely euthanized after proper quarantine upon determination the animal:
1. Caused severe physical injury, as defined in RCW 16.08.070, or death to a human being; or
2. Has been or was actually employed as an instrumentality in the commission of, or in aiding or abetting in the commission of, any crime, or which was furnished or was intended to be furnished by any person in the commission of, or as a result of the commission of, any crime.
B. A determination that a dog must be euthanized in accordance with this section must be in writing and shall be served by the animal control officer or police officer upon the owner by one of the following methods:
1. Certified mail, return receipt requested, to the last known address of the owner, or the address shown on any registration obtained pursuant to Chapter 6.04 MVMC; or
2. Personal service.
C. The determination shall set forth at a minimum:
1. A description of the dog;
2. The name and address of the owner of the animal, if known;
3. The location of the animal;
4. A brief statement of the facts upon which the determination is based;
5. The date upon which the determination was mailed or served;
6. Notice of the right to appeal the determination to the municipal court by filing a written request therefor with the city attorney and municipal court within 10 days of the date the determination was mailed and served;
7. A brief statement of the restrictions and regulations applicable to the keeping of the dog or inclusion of a copy of the specific ordinance(s) that have been alleged to have been violated.
D. Any owner who has been notified of a determination that a dog must be euthanized in accordance with this section may appeal such determination to the municipal court by filing a written request therefor with the city attorney and the municipal court within 10 days of the date of mailing or service of the determination.
E. Upon receiving a request to appeal a determination the municipal court shall schedule a hearing which shall be held not later than 30 days from the date of the request, unless extended for good cause.
F. At a hearing under this section, the city shall have the burden of proof, by a preponderance of the evidence, to demonstrate that the dog either caused severe physical injury or death to a human, or was used as a weapon in the commission of a crime.
G. Following a hearing under this section, the judge may sustain or overrule the determination of the animal control officer by written order. (Ord. 3448 § 5, 2009).
6.08.120 Disclaimer of liability.
Nothing in this chapter shall create any cause of action or claim against the city or its officials or employees. No duty to any specific individual shall be created hereby, and any duty that may be found to exist shall be to the general public only. (Ord. 3301 § 3, 2005).
6.08.130 Violation – Penalty.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor and shall be punished by the laws of the state and MVMC 1.20.010. In addition to any criminal penalty as provided by this chapter, the owner of the animal, whether the animal is licensed or not, shall be liable for actual expenses for boarding the animal, including any reasonable charges by the impounding authority, and if necessary, for the cost of its destruction. (Ord. 3301 § 3, 2005).
6.08.140 Severability.
In the event any term or condition of this chapter or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this chapter which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this chapter are declared severable. (Ord. 3301 § 3, 2005).