Chapter 6.14
POTENTIALLY DANGEROUS AND DANGEROUS DOGS
Sections:
6.14.020 Determination of potentially dangerous dog – Notice, hearing and appeal – Requirements.
6.14.010 Purpose.
The purpose of this chapter is to supplement RCW 16.08.070 through 16.08.100 as currently enacted or hereafter amended concerning procedures regarding potentially dangerous and dangerous dogs. (Ord. 960 § 3, 2002)
6.14.020 Determination of potentially dangerous dog – Notice, hearing and appeal – Requirements.
A. When the animal control authority has sufficient information to determine that a dog is a potentially dangerous dog as defined in RCW 16.08.070, he/she shall declare the dog potentially dangerous, and notify the owner in writing of the determination. The notice shall contain the following information:
1. That the person receiving the notice is the owner/keeper as defined in NMC 6.04.015 or RCW 16.08.070 of a potentially dangerous dog as defined in RCW 16.08.070;
2. The breed, color, gender, and name (if known) of said dog;
3. The facts upon which the determination of potentially dangerous dog is based and an explanation of the requirements for containment and other conditions required by law;
4. That if there are future problems with the dog, the dog could be declared a dangerous dog pursuant to RCW 16.08.070 and required to be registered as provided for in RCW 16.08.080;
5. That the notice constitutes a final determination that the dog has been determined to be a potentially dangerous dog, unless the owner of the dog requests a hearing to dispute the potentially dangerous determination, before the Pend Oreille County district court in writing on a form provided with the notice within 15 days of the receipt of the notice. The notice shall be personally served upon the owner/keeper as defined in NMC 6.04.015 or RCW 16.08.070 or sent by regular mail and certified mail, return receipt requested, or posted at the owner’s residence, whichever method is deemed best to insure that the owner receives the notice. For purposes of this section, the notice will be deemed received on the third day after the notice is placed in the mail.
B. In the event the owner/keeper of a dog requests a hearing to dispute the potentially dangerous determination as provided for in subsection (A)(5) of this section, a hearing shall be held within 15 days of the receipt of the request for hearing. The Pend Oreille County district court shall notify the owner/keeper of the date, time and place of the hearing, as well as the right to present evidence as to why the dog should not be found potentially dangerous. The hearing shall be formal and open to the public.
C. The district court shall notify, in writing, the owner/keeper of the dog of his/her decision within 10 days of the hearing. The decision of the judge may be appealed as provided under the general laws of the state of Washington.
D. The decision of the district court is final unless appealed.
E. Following service of a declaration of potentially dangerous dog, the owner must:
1. Confine the dog in the owner’s dwelling or in a proper enclosure, which is, at a minimum, a secure fence, and provide adequate shelter for the dog from the elements; or
2. When the dog is outside of the dwelling of the owner and not secured in a vehicle, or outside of the proper enclosure, it must be on a substantial chain or leash no longer than eight feet, being held in the hand of a person capable of physically controlling, and actually controlling the dog to which it is attached.
F. If in the opinion of the animal control authority, based upon the seriousness of the facts giving rise to the potentially dangerous dog declaration, the dog poses a substantial threat to public safety, the animal control authority may impound the animal at the owner’s expense, until a court orders either its redemption or destruction.
G. The animal control authority shall issue a potentially dangerous dog certificate of registration to the owner of a potentially dangerous dog if the owner presents to the animal control authority:
1. Sufficient evidence that the owner has provided and will continue to provide proper confinement for the potentially dangerous dog as described above;
2. A current color photograph of the animal, from the side showing the entire dog in sufficient detail to aid in the dog’s identification.
H. Owners of potentially dangerous dogs shall provide notice to the animal control authority within 48 hours of the dog’s death and provide proof of death. Any person who fails to provide such notice and proof as set forth in this subsection shall be deemed to have committed a Class 3 civil infraction and shall be assessed monetary penalties in accordance with NMC 1.16.030.
I. Penalty for Violation. The owner/keeper of any dog which has been declared potentially dangerous shall be deemed to have committed a civil infraction punishable by monetary penalties as follows if:
1. The dog is outside its owner’s dwelling and outside of a secure fence and not restrained by the prescribed leash, unless it is secured inside a vehicle.
2. The dog is not validly licensed within the city of Newport, as required by NMC 6.04.010.
3. The dog is off of its owner’s/keeper’s property and not wearing its license tag.
4. The owner of the potentially dangerous dog fails to provide notice to the animal control authority within 48 hours of the dog’s death and provide proof of death.
Unless otherwise provided, any person who violates this chapter shall be deemed to have committed a Class 1 civil infraction and shall be assessed monetary penalties in accordance with NMC 1.16.030. Any person who commits a second or subsequent violation of this chapter in a 24-month period shall be deemed to have committed a civil infraction and shall be assessed a monetary penalty not to exceed $500.00, not including statutory assessments.
The owner/keeper of any dog which has been declared potentially dangerous shall be guilty of a misdemeanor punishable by up to 90 days in jail and a fine of not more than $1,000 if the dog directly causes injury to any person.
J. A ruling by the court that the dog is not potentially dangerous shall not prevent the animal control authority from declaring the dog potentially dangerous or dangerous due to any subsequent action by the dog. (Ord. 2102 § 6, 2022; Ord. 960 § 3, 2002)
6.14.030 Appeal of dangerous dog declaration – Registration of dangerous dogs – Requirements – Annual fee.
A. If the owner/keeper as defined in NMC 6.04.015 or RCW 16.08.070 wants to appeal the dangerous dog declaration, the appeal provisions of RCW 16.08.080 as currently written or subsequently modified must be followed.
B. The owner/keeper of a dangerous dog must obtain a certificate of registration for such animal from the animal control authority within 10 days of final determination of dangerous dog as provided herein. The certificate of registration shall be issued only if the owner or keeper of the dangerous dog provides a color photograph of the dog and presents sufficient proof of the following:
1. A proper locked enclosure with secure sides and a secure top to confine a dangerous dog and posting of the premises with a clearly visible sign 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;
2. A surety 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 dangerous dog; 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 $250,000, insuring the owner for any personal injuries inflicted by the dangerous dog.
C. The owner of a dangerous dog shall pay an annual licensing fee of $50.00 in addition to the standard license fee and will be advised in writing of the requirements for containment and other conditions required by law.
D. Dangerous dogs must be spayed/neutered within 30 days of final determination of dangerous dog. The owner/keeper of any dog which has been declared dangerous shall be guilty of a civil infraction punishable by a monetary penalty not to exceed $500.00 unless the dog is spayed/neutered and sufficient evidence of such action provided to the animal control authority within 30 days of final determination of dangerous dog.
E. This section shall not apply to police dogs as defined in RCW 4.24.410.
F. Following service of a declaration of dangerous dog, the owner must:
1. Confine the dog in a proper enclosure for a dangerous dog as defined in this chapter; or
2. When the dog is outside of the proper enclosure it must wear a current license, be muzzled, on a substantial chain or leash no longer than eight feet, being held in the hand of a person capable of physically controlling, and actually controlling the dog to which it is attached.
3. If in the opinion of the animal control authority, based upon the seriousness of the facts giving rise to the dangerous dog declaration, the dog poses a substantial threat to public safety, the animal control authority may impound the animal at the owner’s expense until a court orders its redemption or destruction.
G. Owners of dangerous dogs who sell or otherwise transfer the ownership, custody, or residence of the dog shall within 10 days inform the animal control authority in writing, the name, address, and telephone number of the new owner, custodian, or residence, and the name and description of the dog. The owner shall, in addition, notify the new owner or custodian in writing the details of the dog’s record, terms and conditions of the maintenance and provide the animal control authority with a copy thereof containing an acknowledgement by the new owner of his/her receipt of the original.
H. Owners of dangerous dogs shall provide notice to the animal control authority within 48 hours of the dog’s death and include proof of death. Failure to provide notice and proof as set forth above is a civil infraction punishable by a monetary penalty not to exceed $500.00.
I. The owner of any dog declared dangerous shall notify the animal control authority within 10 days after moving the dog into the city of Newport, shall obtain all necessary licenses, and upon request, shall provide any notice he/she may have received regarding the declaration and the name and address of the authority having made the declaration. Such declaration from any other jurisdiction shall be recognized as valid in the city of Newport, and the dangerous dog conditions shall apply.
J. Violation – Penalty. It is a misdemeanor punishable by up to 90 days in jail and a fine of not more than $1,000 for an owner/keeper to transfer the dangerous dog or its ownership or residence without complying with the requirements of subsections (G) and (I) of this section. (Ord. 960 § 3, 2002)
6.14.040 Enforcement power.
A. Animal control authority is authorized to take such lawful action(s) as may be required to enforce the provisions of this chapter and Chapter 16.52 RCW.
B. The animal control authority, unless authorized by the owner thereof, shall not enter private dwelling houses unless a proper warrant has been issued upon showing that the animal control authority has reasonable cause to believe that there has been a violation of this chapter or Chapter 16.52 RCW. The animal control authority, while pursuing any dog observed by the officer to be in violation of this chapter, or during investigation for unidentified dogs, may enter upon any public or private property, except any private dwelling houses, for the purpose of abating the dog violation being investigated.
C. No person shall deny, prevent, obstruct or attempt to deny, prevent or obstruct any officer from pursuing any dog observed to be in violation of this chapter. No person shall fail or neglect, after a proper warrant has been presented, to properly permit the animal control authority to enter private property or private dwelling homes to perform any duty imposed by this chapter. Violation of this subsection is a misdemeanor punishable by up to 90 days in jail and a fine of not more than $1,000.
D. Failure to Sign or Respond.
1. A person who refuses to sign a notice of civil infraction issued under any section of this title is guilty of a misdemeanor.
2. Any person willfully violating his or her written and signed promise to appear in court or his or her written and signed promise to respond to a notice of civil infraction is guilty of a misdemeanor regardless of the disposition of the notice of civil infraction; provided, that a written promise to appear in court or a written promise to respond to a notice of civil infraction may be complied with by an appearance by counsel. (Ord. 960 § 3, 2002)