Chapter 6.30
DANGEROUS DOGS AND ANIMALS
Sections:
6.30.010 State codes incorporated by reference.
6.30.020 Declaration of an animal as “dangerous.”
6.30.080 Financial responsibility.
6.30.100 Prohibited ownership.
6.30.110 Investigation and notice of animal control authority declaration.
6.30.120 Impoundment of dangerous animal.
6.30.130 Certificate of registration required.
6.30.140 Transfer of ownership of dangerous animal prohibited.
6.30.010 State codes incorporated by reference.
A. The following state statutes are adopted by reference as and for a portion of the animal control ordinance of this city as if set forth in full of this section:
RCW
16.08.070 Dangerous dogs—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 Dangerous dogs—Confiscation—Conditions—Penalties for owners of dogs that attack
B. The amendment, addition or repeal by the Washington Legislature of any section of any adopted statutes shall be deemed to amend this chapter, and the statutes contained in this chapter which are adopted by reference in conformity with the amendment, addition or repeal, and it shall not be necessary for the legislative authority of this city to take any action with respect to such addition, amendment or repeal as provided by RCW 35A.12.140. (Ord. 1105 § 2 (part), 2004)
6.30.020 Declaration of an animal as “dangerous.”
Animal control shall have authority to declare an animal dangerous, if the animal control authority has probable cause to believe that the animal falls within the definition of “dangerous animal” or “dangerous dog” as set forth in Chapter 6.06. 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(s) of “dangerous animal” or “dangerous dog” as set forth in Chapter 6.06; 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)
6.30.030 Exclusions.
An animal shall not be declared 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)
6.30.040 Restrictions.
In addition, but not limited to, the provisions set forth in RCW 16.08.080, the animal control authority may impose any or all of the following restrictions on an animal declared dangerous to protect the public safety or other animals:
A. Training. The animal control authority may require the owner of the dangerous animal and the animal to attend, complete, and pay all costs associated with an accredited obedience/training class or seminar. Animal control shall pre-approve any choice of class by the owner of the animal and proof of satisfactory completion of such training shall be provided to animal control upon completion, even if the animal or owner completed such type of training in the past.
B. Proper Enclosure. The animal shall be securely confined indoors or in a securely enclosed locked pen or structure, suitable to prevent the entry of young children and to prevent the animal from escaping. Such pen or structure shall have sides secured either to a concrete floor or embedded at least six inches into the ground, shall have a secured top, and shall also provide protection from the elements for the animal. All enclosures shall be approved by the animal control authority.
C. Restraint. Animal control may require the owner of the dangerous animal to muzzle, leash, collar, confine, lock, isolate or remove the animal from the city, or any combination of the foregoing. (Ord. 1105 § 2 (part), 2004)
6.30.050 Indemnification.
The owner of a dangerous animal shall obtain and continuously maintain liability insurance or a surety bond in the amount of at least two hundred fifty thousand dollars or more as set by the animal control authority. The insurer/bond issuer must be qualified under RCW Title 48, and must provide coverage/funds to offset any injuries inflicted by the dangerous animal. All costs associated with the insurance/bond must be paid by the insured. (Ord. 1105 § 2 (part), 2004)
6.30.060 Registration.
The owner of the dangerous animal is required to register annually or upon relocation to another location within the city and to pay a registration fee to cover the costs of an annual and periodic unannounced containment inspection(s). A current color, side/front photograph of the animal may also be required. (Ord. 1105 § 2 (part), 2004)
6.30.070 Warning signs.
The owner of a dangerous animal is required to post all entrances to any property where such animal is located with such visible warning sign(s) as the animal control authority deems necessary. (Ord. 1105 § 2 (part), 2004)
6.30.080 Financial responsibility.
The animal control authority may require the owner of a dangerous animal to pay any costs associated with enforcement of this section including, but not limited to, those stated above. (Ord. 1105 § 2 (part), 2004)
6.30.090 Microchip.
The owner of the dangerous animal is required to microchip the animal and to provide proof of placement of a microchip that is capable of being scanned by an “AVID” or equivalent brand microchip scanner. (Ord. 1105 § 2 (part), 2004)
6.30.100 Prohibited ownership.
No person under the age of eighteen years old shall own a “dangerous animal” or “dangerous dog,” as defined in Chapter 6.06. (Ord. 1105 § 2 (part), 2004)
6.30.110 Investigation and notice of animal control authority declaration.
A. Investigation. If the animal control authority receives a report of a dangerous animal, it shall initiate an investigation including, but not limited to, interviewing the complainant(s), interviewing the owner of the animal, if known, and observing the animal. Upon completion of its investigation, if the animal is declared dangerous, the animal control authority shall prepare a written declaration and impound the animal.
B. Notice. The written 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, a statement of the penalties for further violations, and notice of the right to appeal the declaration.
C. Service of Notice of Declaration. The animal control authority shall personally serve or send by certified mail its declaration to the owner of the animal. If the owner is unknown, the animal control authority shall make reasonable efforts to notify the owner of its written declaration. (Ord. 1105 § 2 (part), 2004)
6.30.120 Impoundment of dangerous animal.
In the event that a dangerous animal is impounded due to the owner’s failure to abide by the restraints imposed by the animal control authority, hearing examiner, or district court, the clerk of the court shall promptly set a date for a hearing to determine whether the animal shall be returned to the owner, forfeited by the owner, or euthanized by the animal control authority. Written notice of the time, date, and place of the hearing shall be mailed to both the owner of the animal declared dangerous and the animal control authority. (Ord. 1105 § 2 (part), 2004)
6.30.130 Certificate of registration required.
A. It is unlawful for an owner to have a dangerous animal in the city of Mukilteo without certificate of registration issued under this section. This section shall not apply to police dogs.
B. The animal control authority may issue a certificate of registration to the owner of a dangerous animal upon payment of the registration fee specified in the city’s most current fee schedule if the owner presents to the Mukilteo animal control sufficient evidence of:
1. A proper enclosure to confine a dangerous animal and the posting of the premises with an adequate number of clearly visible warning signs, where the locations of such signs are subject to the approval of animal control, that there is a dangerous animal 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 animal; and
2. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the Mukilteo animal control and city attorney in the sum of at least two hundred fifty thousand dollars, payable to any person injured by the dangerous animal; or
3. 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 two hundred fifty thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous animal; and
4. Proof of placement of a microchip that is capable of being scanned by an “AVID” or equivalent brand microchip scanner. (Ord. 1105 § 2 (part), 2004)
6.30.140 Transfer of ownership of dangerous animal prohibited.
It is unlawful for an owner of an animal declared dangerous to sell, barter, or otherwise transfer the ownership, custody, or residence of the animal without first obtaining written approval from the court or authority which declared the animal dangerous. (Ord. 1105 § 2 (part), 2004)
6.30.150 Penalty.
Unless otherwise provided, any person violating any of the provisions of this section is guilty of a gross misdemeanor subject to the provisions contained in Section 1.32.010(A), General penalties. (Ord. 1105 § 2 (part), 2004)