Chapter 6.06
DANGEROUS AND POTENTIALLY DANGEROUS DOGS
Sections:
6.06.010 Special license and certificate required.
6.06.020 Certificate – Issuance upon compliance.
6.06.030 Findings and declaration – Probable cause.
6.06.040 Declaration – Service to owner in writing.
6.06.050 Declaration – Information required.
6.06.055 Declaration – Meeting prior to final determination.
6.06.060 Declaration – Appeal – Hearing – Procedure.
6.06.070 Declaration – Impoundment pending appeal.
6.06.080 Special license requirements – Fees and renewals.
6.06.090 Special license requirements – Information required.
6.06.100 Noncompliance with confinement regulation.
6.06.110 Potentially dangerous dog – Failure to obtain license and certificate.
6.06.130 Impoundment for failure to obtain license or certificate.
6.06.140 Immediate impoundment – Conditions warranting.
6.06.150 Impoundment for biting.
6.06.160 Dogs exempted – Effect of trespass or tort.
6.06.170 Limitations on ownership of potentially dangerous dogs – Reporting requirements.
6.06.180 Potentially dangerous dog, special license fees.
6.06.210 Regulation of wolves or wolf hybrids.
6.06.005 Prohibition.
It is unlawful for an owner or keeper to keep, harbor, own or in any way possess a dangerous dog within the municipal limits of the city, unless such dog is being treated or examined by a licensed veterinarian within the city, in which case, the dog must be securely muzzled and leashed at all times that the dog is not within the premises of a licensed veterinarian. (Ord. 1177 § 3, 2017)
6.06.010 Special license and certificate required.
It is unlawful for an owner or keeper to keep, harbor, own or in any way possess a potentially dangerous dog in the city without first having obtained a special license and certificate of registration that must be obtained within 30 days of the date of declaration as provided in OMC 6.06.050. (Ord. 1177 § 3, 2017)
6.06.020 Certificate – Issuance upon compliance.
A certificate of registration shall be issued by the city upon a showing of compliance with the following:
A. Placement of a proper enclosure on the owner’s or keeper’s property to confine the dog and the posting on the premises where the dog is harbored of a clearly visible warning sign that there is a potentially dangerous dog on the property;
B. A conspicuously displayed sign on the premises where the dog is harbored with a warning symbol that informs children or adults who cannot read of the presence of a potentially dangerous dog and surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a sum of not less than $100,000 payable to a person injured by the dog(s); or a policy of liability insurance issued by an insurer qualified under RCW Title 48 in an amount not less than $100,000, insuring the owner or keeper for personal injuries inflicted by the dog; and
C. A certificate issued to satisfy the insurance requirements of this section shall provide for written notice to the city within 30 days of cancellation, reduction of limits, or termination of coverage. (Ord. 1177 § 3, 2017)
6.06.030 Findings and declaration – Probable cause.
The animal control authority may find and declare a dog potentially dangerous or dangerous if it has probable cause to believe that the dog falls within the definition set forth in OMC 6.04.010(F) for dangerous dogs, or OMC 6.04.010(I) for potentially dangerous dogs. For the purposes of this chapter, probable cause may include:
A. 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 in OMC 6.04.010(F) for dangerous dogs, or OMC 6.04.010(I) for potentially dangerous dogs; or
B. Dog bite reports filed with the animal control authority as required by this chapter or state law; or
C. Actions of the dog witnessed by any animal control officer or law enforcement officer; or
D. A verified report that the dog previously has been found to be either potentially dangerous or dangerous by any animal control authority; or
E. Other substantial evidence admissible in a court of law. (Ord. 1177 § 3, 2017)
6.06.040 Declaration – Service to owner in writing.
The declaration shall be in writing, and shall be served on the owner or keeper in one of the following methods:
A. Certified mail and first class mail to the owner’s or keeper’s last known address, if known; or
B. Personally.
The owner or keeper of any animal found to be a potentially dangerous or dangerous dog under this chapter shall be assessed all service costs expended under this section. (Ord. 1177 § 3, 2017)
6.06.050 Declaration – Information required.
The declaration set forth in OMC 6.06.040 shall state at least:
A. A description of the dog;
B. The name and address of the owner or keeper of the dog, if known;
C. The whereabouts of the dog if it is not in the custody of the owner or keeper;
D. The statutory basis for the proposed action and statement that the dog is subject to registration and controls required by this chapter;
E. The facts upon which the declaration is based;
F. The availability of a meeting with the animal control officer within 15 days of date of issuance of the declaration;
G. The restrictions placed on the dog as a result of the declaration; and
H. The penalties for violation of the restrictions, including the possibility of destruction of the dog, and imprisonment or fining of the owner or keeper. (Ord. 1177 § 3, 2017)
6.06.055 Declaration – Meeting prior to final determination.
Prior to the animal control authority issuing a final determination on the declaration set forth in OMC 6.06.040, the animal control authority shall notify the owner or keeper in writing that he or she is entitled to an opportunity to meet with the animal control authority, at which meeting the owner or keeper may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous or potentially dangerous. The declaration shall state the date, time and location of the meeting, which must occur prior to expiration of 15 calendar days following service of the declaration. The owner or keeper may propose an alternate meeting date and time, but such meeting must occur within the 15-day time limit set forth in this section. After such meeting, the animal control authority must issue its final determination, in the form of a written order, within 15 calendar days of the date of such meeting. In the event the animal control authority declares a dog to be dangerous or potentially dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and signature of the person who made the determination. Such final determination shall be sent by first class and certified mail, return receipt requested to the owner’s/keeper’s last address known to the animal control authority, or delivered in person to the owner/keeper. If an owner or keeper fails to appear at such meeting, the final determination shall affirm the declaration. (Ord. 1177 § 3, 2017)
6.06.060 Declaration – Appeal – Hearing – Procedure.
If the owner or keeper of the dog wishes to contest the declaration, the following procedures shall apply:
A. The owner or keeper shall, within 20 days of receipt of the final determination referenced in OMC 6.06.055, request a hearing before the Okanogan County district court. Any appeal taken from the decision of the Okanogan County district court shall be in accordance with the Rules for Appeal of the Decisions of Courts of Limited Jurisdiction as presently constituted or as may be subsequently amended and designated.
B. If the Okanogan County district court finds by a preponderance of the evidence that the dog is dangerous or potentially dangerous, the declaration shall be affirmed.
C. If the Okanogan County district court does not find by a preponderance of the evidence that the dog is dangerous or potentially dangerous, the declaration shall be rescinded, and the restrictions imposed thereby annulled.
D. If the Okanogan County district court finds that the dog is not a potentially dangerous or dangerous dog, no costs shall be assessed against the city or the animal control authority or officer. (Ord. 1177 § 3, 2017)
6.06.070 Declaration – Impoundment pending appeal.
Following service of a declaration of potentially dangerous or dangerous dog, and pending appeal under OMC 6.06.060, the animal control authority shall impound the dog at the owner’s or keeper’s expense, pursuant to the provisions of this chapter, until the Okanogan County district court or a higher court of competent jurisdiction orders either its redemption or destruction. At the choosing of the owner, the dog may be redeemed by the owner if the provisions of this chapter are complied with. (Ord. 1177 § 3, 2017)
6.06.080 Special license requirements – Fees and renewals.
The owner or keeper of a potentially dangerous dog shall obtain a special license for such dog from the animal control authority, and shall be required to pay the fee for such license in the amount set forth in this chapter, and as may be subsequently amended in the city’s annual fee schedule as approved by the city council. In addition, the owner or keeper of such dog shall pay an annual renewal fee for such license in the amount set forth in this chapter, or as may be subsequently amended in the city’s annual fee schedule. Annual renewal of any special license shall be conditioned on compliance with the requirements of this chapter. The animal control authority shall be authorized to prorate such fee for the remainder of the first year during which a dog becomes subject to the registration requirements of this chapter, if no question of registration or license avoidance exists. (Ord. 1177 § 3, 2017)
6.06.090 Special license requirements – Information required.
The owner or keeper of a dog that is subject to a special license shall furnish the following information along with the appropriate special license fee:
A. The dog’s age, weight, coloring, breed and any other special identifying characteristics;
B. Two three-by-five-inch color photographs of the dog;
C. Proof of placement of a tattoo or microchip, consisting of the owner’s or keeper’s Social Security number or current contact information, in a location as deemed fit by a licensed veterinarian;
D. Proof of current rabies vaccination for the dog; and a certification under penalty of perjury that the dog has not been previously found to be a potentially dangerous or dangerous dog. (Ord. 1177 § 3, 2017)
6.06.100 Noncompliance with confinement regulation.
An owner or keeper of a potentially dangerous dog who fails to comply with the requirements of OMC 6.06.020 shall be guilty of a violation of this chapter. (Ord. 1177 § 3, 2017)
6.06.110 Potentially dangerous dog – Failure to obtain license and certificate.
Any owner or keeper of a potentially dangerous dog who fails to obtain a special license and certificate of registration, or renewal, for such dog as required in this chapter shall be assessed a civil penalty or shall be guilty of a gross misdemeanor in accordance with OMC 6.06.200; provided, however, that no prosecution shall be commenced until five days have elapsed from the date such owner or keeper is notified by the animal control authority that such license or renewal for such potentially dangerous dog is required, or until any appeal brought under that section has been completed, whichever is later. (Ord. 1177 § 3, 2017)
6.06.120 Reserved.
6.06.130 Impoundment for failure to obtain license or certificate.
Any potentially dangerous dog for which a special license and certificate of registration, or renewal, has not been obtained by its owner or keeper, pursuant to OMC 6.06.110, is subject to being impounded by the animal control authority. In addition to any other civil penalty imposed by this chapter, the owner or keeper of any potentially dangerous dog so impounded shall be subject to impound fees as set forth in the city’s annual fee schedule for each day such dog remains impounded with the animal control authority. Any potentially dangerous dog which is impounded due to the failure of the owner or keeper of such dog to obtain the required license or certificate of registration, and which remains impounded for a period of at least 20 days due to the failure of the owner or keeper to obtain such license or certificate of registration, or renewal, may be destroyed in an expeditious and humane manner by the animal control authority, and in such case, the owner or keeper shall be assessed an additional civil penalty in the amount of $50.00 for the cost of destroying the dog. (Ord. 1177 § 3, 2017)
6.06.140 Immediate impoundment – Conditions warranting.
A. Any potentially dangerous dog may be immediately impounded by an animal control authority if:
1. The dog is not validly registered under this chapter;
2. The owner or keeper does not secure or maintain the liability insurance coverage required under this chapter;
3. The dog is not maintained in a proper enclosure with proper signage;
4. The dog is outside of the dwelling of the owner or keeper, or outside of the proper enclosure, and not muzzled or under proper physical restraint by the responsible person as required by OMC 6.06.170(A); or
5. The dog is otherwise in violation of registration or licensing provisions of this chapter.
B. Any dangerous dog may be immediately impounded by an animal control authority if found to be violating OMC 6.06.005.
C. In addition to such impound, (1) the owner or keeper of a potentially dangerous dog shall be deemed guilty of a violation of this chapter and assessed a civil penalty or shall be guilty of a gross misdemeanor in accordance with OMC 6.06.200; provided, however, that no prosecution shall be commenced until five days have elapsed from the date such owner or keeper of a potentially dangerous dog is notified by the animal control authority that such license or renewal for such potentially dangerous dog is required, or until any appeal brought under that section has been completed, whichever is later; or (2) the owner or keeper of a dangerous dog shall be guilty of a violation of this chapter and assessed a civil penalty or shall be guilty of a gross misdemeanor in accordance with OMC 6.06.200. The owner or keeper of any potentially dangerous dog impounded under this subsection may redeem such dog from the animal control authority only upon proof of a valid special license and registration, proof that all required conditions under this chapter have been met, and payment of impound fees for each day such dog has been in the control of the animal control authority. The owner or keeper of a dangerous dog may redeem such dog from the animal control authority upon payment of impound fees for each day such dog has been in the control of the animal control authority, and upon signing a declaration stating that such dog will be immediately transported out of the municipal limits of the city; provided, however, that in the event the owner or keeper has not redeemed a dog within 20 days of being notified of the impound, the dog may be destroyed in an expeditious and humane manner, and in such case, the owner or keeper shall be assessed the impound fees and an additional civil penalty in the amount of $50.00 for the cost of destroying such dog. (Ord. 1177 § 3, 2017)
6.06.150 Impoundment for biting.
If a dog classified as a potentially dangerous dog or dangerous dog bites a person or another domestic animal, such dog shall be immediately impounded by the animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner. Any such dog which is deemed uncatchable by the animal control authority may be killed by such official if no other reasonable means of capture is available or such dog continues to be a threat to persons or domestic animals. The owner or keeper of any potentially dangerous dog or dangerous dog impounded and destroyed pursuant to this section shall be assessed, in addition to the actual costs of the quarantine, a civil penalty in the amount of $20.00 per day for each day such dangerous dog is quarantined by the animal control authority and in the amount of $50.00 for the cost of destroying such dangerous dog. (Ord. 1177 § 3, 2017)
6.06.160 Dogs exempted – Effect of trespass or tort.
The requirements of this chapter related to potentially dangerous and dangerous dogs shall not apply to dogs registered for use by law enforcement officials for police work, whether or not such animal is maintained at its handler’s residence, or to animals held in quarantine by a licensed veterinarian. Further, dogs shall not be declared potentially dangerous or dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog or was tormenting, abusing or assaulting the dog or has, in the past, been observed or reported to have tormented, abused or assaulted the dog or was committing or attempting to commit a crime. (Ord. 1177 § 3, 2017)
6.06.170 Limitations on ownership of potentially dangerous dogs – Reporting requirements.
A. It is unlawful for an owner or keeper of a potentially dangerous dog to permit such dog to be outside the proper enclosure, unless the dog is muzzled and restrained by a substantial chain or leash not longer than 48 inches and under the physical control of a person 18 years of age or older who is capable of restraining such dog. The muzzle shall be constructed so that it will not cause injury to the dog or interfere with its vision or respiration. Such muzzle shall be constructed so that it will prevent the dog from biting any person or animal. Such dogs shall not be leashed or otherwise tied or tethered to inanimate objects, such as trees, posts, buildings, mailboxes, newspaper vending machines, and the like. Potentially dangerous dogs shall wear a bright orange collar, not less than two inches in width, at all times.
B. It is unlawful for any person under the age of 18 years to own or keep a potentially dangerous dog within the city limits.
C. It is unlawful for any person to own or keep more than one potentially dangerous dog within the city limits.
D. It is unlawful to transfer ownership of a potentially dangerous dog within the city limits unless the recipient has complied with the registration and licensing requirements of this chapter for such dog.
E. It is unlawful for the owner or keeper of any dog which is subject to any licensing requirements of the city to fail to report any bites or injuries suffered by any person or domestic animal as a result of an attack incident or other contact with such animal, regardless of the geographical location where such attack, incident or other contact occurs.
F. It is unlawful for any owner or keeper of any potentially dangerous dog to fail to immediately notify the animal control authority in writing of:
1. The removal from the city or death of any dog registered under this chapter, including the address and contact information for the relocation of the dog outside the city limits; or
2. The new address of the owner or keeper of any dog registered under this chapter should such person move within the city limits.
G. Failure to Comply. Any person who fails to comply with the mandatory or prohibitory provisions of this section shall be subject to the penalties as provided in OMC 6.06.200. (Ord. 1177 § 3, 2017)
6.06.180 Potentially dangerous dog, special license fees.
The special license fee for each potentially dangerous dog to be licensed under this chapter is $250.00 or as amended in the city’s annual fee schedule as adopted by the city council. The annual renewal fee for each potentially dangerous dog licensed under this chapter is $120.00 or as amended in the city’s annual fee schedule. (Ord. 1177 § 3, 2017)
6.06.190 Immunity.
The city, the animal control authority and any animal control officer executing the responsibilities set forth in this chapter shall be immune from all civil liability for an action or actions taken pursuant to this chapter, or for failure to take action to enforce the provisions of this chapter. It is not the purpose or intent of this chapter to create on the part of the city, its officers, employees, agents, or volunteers a special duty or relationship toward a specific class of individuals. This chapter has been enacted for the safety and welfare of the public as a whole. (Ord. 1177 § 3, 2017)
6.06.200 Violation – Penalty.
A. No person shall violate or fail to comply with this chapter.
B. A first violation of or failure to comply with this chapter within a 12-month period is a Class 2 civil infraction, and shall be assessed a civil penalty of up to $125.00.
C. A second violation of or failure to comply with this chapter within a 12-month period is a Class 1 civil infraction, and shall be assessed a civil penalty of up to $250.00.
D. A third or subsequent violation of or failure to comply with this chapter within a 12-month period is a gross misdemeanor. (Ord. 1177 § 3, 2017)
6.06.210 Regulation of wolves or wolf hybrids.
For the purposes of this chapter, wolves and wolf hybrids shall be treated in the same manner as dogs. (Ord. 1177 § 3, 2017)