Chapter 6.28
POTENTIALLY DANGEROUS ANIMALS
Sections:
6.28.010 Declaration of an animal as “potentially dangerous.”
6.28.030 Investigation and notice of animal control authority declaration.
6.28.050 Change of ownership, custody and/or residence of a potentially dangerous animal.
6.28.060 Failure to control an animal declared potentially dangerous.
6.28.010 Declaration of an animal as “potentially dangerous.”
The animal control authority shall have the authority to declare an animal potentially dangerous, if animal control has probable cause to believe that the animal falls within the definition of “potentially dangerous animal” set forth in Section 6.06.020. The declaration must be based upon:
A. The written complaint or declaration of a citizen who is willing to testify that the animal has acted in a manner within the definition of “potentially dangerous animal” in Section 6.06.020; or
B. Animal bite reports filed with the animal control authority; or
C. Actions of the animal witnessed by any employee of the animal control authority or law enforcement officer; or
D. Other substantial evidence. (Ord. 1105 § 2 (part), 2004)
6.28.020 Exclusion.
An animal shall not be declared potentially dangerous if the animal control authority determines, by a preponderance of the evidence, that the threat, injury or bite alleged to have been committed by the animal was sustained by a person who was:
A. At the time, committing a willful trespass or other tort upon the premises occupied by the owner of the animal; or
B. At the time, tormenting, abusing, or assaulting the animal; or
C. In the past, observed or reported to have tormented, abused or assaulted the animal; or
D. Committing or attempting to commit a crime. (Ord. 1105 § 2 (part), 2004)
6.28.030 Investigation and notice of animal control authority declaration.
An investigation shall be initiated by the animal control authority if a report is received of a potentially dangerous animal. The investigation shall include, but not be limited to, interviewing the complainant(s), interviewing the owner of the animal, if known, and observing the animal. Upon completion of the investigation, if the animal is found to be potentially dangerous, the animal control authority shall prepare a written declaration. (Ord. 1105 § 2 (part), 2004)
6.28.040 Declaration.
The declaration shall include, but is not limited to, a description of the animal, the name and address of the owner of the animal, if known, a brief summary of the facts upon which the declaration is based, a statement of any restrictions placed on the animal or owner as a consequence of the declaration, and a statement of the penalties for further violations. (Ord. 1105 § 2 (part), 2004)
6.28.050 Change of ownership, custody and/or residence of a potentially dangerous animal.
Any owner of an animal declared potentially dangerous who sells, barters, or otherwise transfers the ownership, custody, or residence of the animal shall, within seven calendar days of the change, inform the animal control authority in writing of the name, address, and telephone number of the new owner, and/or the address of the new residence where the animal is located. (Ord. 1105 § 2 (part), 2004)
6.28.060 Failure to control an animal declared potentially dangerous.
When an animal has been declared potentially dangerous, the owner of the potentially dangerous animal shall be guilty of a misdemeanor subject to the provisions contained in Section 1.32.010(B) if such animal is thereafter found:
A. At large;
B. To have, when unprovoked, inflicted a bite(s) upon a human, pet, or livestock either on public or private property;
C. To have chased or approached a person upon the streets, sidewalks, or any other public grounds in such a manner as to significantly threaten the safety of humans or permitted animals; or
D. To have caused injury to or otherwise threatened the safety of humans or permitted animals. This section shall not preclude immediate criminal prosecution under RCW 16.08.100 in a first bite situation causing severe injury or death of any human. (Ord. 1105 § 2 (part), 2004)