Chapter 6.08 DOGS

“Animal control officer” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be amended, or any enforcement officer with which animal control has been vested by the city or pursuant to state law.

“Animal shelter” means a place where seized, impounded, and/or detained animals are kept.

“City” means the city of Pateros.

“Custodian” means the person other than the owner who has the custody or control in the absence of the owner.

“Dangerous dog” means:

1. As the same is defined in RCW 16.08.070, as the same exists now or may hereafter be amended;

2. Is a potentially dangerous dog, as defined in this chapter, that has been permitted or allowed to run free and unrestrained off the property of its owner;

3. Is a potentially dangerous dog, as defined in this chapter, that has harassed, tormented or caused concern for the safety of persons or domestic animals;

4. Has, after the effective date of the ordinance codified in this section, demonstrated a propensity, tenancy or disposition to attack unprovoked, to cause injury or otherwise to threaten the safety of humans or domestic animals.

“Detain” means to apprehend and/or keep an animal in custody.

“Department” means the Brewster police department or a qualified entity contracted with the city to perform the services of a humane society and animal shelter.

“Director” means the chief of police or the director of a humane society agency.

“Disposed of in a humane manner” means adopted or euthanized by an overdose of sodium pentobarbital, administered by a licensed veterinarian.

“Harboring” means allowing any animal to remain or be lodged, fed or sheltered on property one owns, occupies or controls for more than twenty-four (24) hours.

“Holding period” means seventy-two (72) hours, commencing at eight a.m. following the date of detainment of any animal excluding any day the animal shelter or other facility for detaining is not open to the public.

“Humane officer” means any employee of the Brewster police department or any employee of a qualified entity contracted with the city to perform services of a humane society and shall also mean any animal control officer.

“Humane society” means any organization, whether private or public, that the city may contract with for the control of animal within the city limits and for the enforcement of this chapter and also means animal control authority.

“Municipal court” means the Brewster municipal court or other judicial authority as designated by the city.

“Owner” means as the same as defined in RCW 16.08.070, as the same exists now or may hereafter be amended.

“Permit” means human conduct in relation to an owned animal which is intentional, deliberate, careless, inadvertent or negligent.

“Police department” means the Brewster police department or other police department as designated by the city as the appropriate authority.

“Potentially dangerous dog” means:

1. As the same is defined in RCW 16.080.070, as the same exists now or may hereafter be amended;

2. Is known or should reasonably have been known by its owner to have aggressively bitten, attacked or endangered the safety of humans or domestic animals;

3. Any dog that is known by the owner or should reasonably be known by the owner to be an Akita, American Pitbull Terrier, American Staffordshire Terrier, Bull Terrier, Cancorso, Dogo, Argentino, Dogue de Bordeaux, Kuvasz, Pitbull Terrier, Presa, Canario, Staffordshire Bull Terrier, Tosa Inu, breed of any dog, or any dog or any mix of dog breeds, that contain as an element of its breeding the breeds referred to herein, or dogs that have an appearance and physical characteristics that are substantially similar to the dogs referred to herein.

“Proper enclosure of a dangerous dog” means as the same is defined in RCW 16.08.070 as the same exists now or may hereafter be amended.

“RCW” means the Revised Code of Washington.

“Run-at-large” means a dog found off the premises of the owner and is unattended by the owner or custodian; or, is attended by the owner or custodian, but is not under the control of the owner or custodian.

“Severe injury” means the same as defined in RCW 16.080.070 as the same exists now or may hereafter be amended.

“Trespassing” means an animal which enters upon the property of another person without the authorization of the lawful occupant. (Ord. 657 §§ 1—3, 2007; Ord. 04-628 § 1, 2004: Ord. 98-565 § 1, 1998)

6.08.020 License—Required—Term.

Any person, firm, entity, owner or corporation keeping or owning a dog within the city limits for a period of fifteen (15) days or more out of any thirty (30) day period shall purchase annually from the clerk/treasurer’s office of the city a dog license, which license shall be placed on and kept on such dog at all times. Licenses will be available on March 1st of each year, and must be purchased and placed on each dog annually prior to April 30th of each year. Such license shall be valid from April 1st until March 31st of each year. License renewals purchased after April 30th or thereafter in any given calendar year shall be subject to a penalty, as established by council resolution, in addition to the standard license fee, except that new dogs brought into the city after April 30th in any calendar year shall not be subject to such penalty. Puppies shall be required to be licensed within thirty (30) days after reaching six months of age. As a condition to obtain a license, the city clerk/treasurer may require evidence of rabies immunization to be submitted by the owner. The owner, at the time of purchase of the license, shall provide the city clerk/treasurer with the name, phone number, and address of the owner(s), name of dog, gender, color, age and breed of the dog. License fees shall be amounts established by city council resolution. (Ord. 707 § 1, 2013: Ord. 704 § 1, 2013: Ord. 04-628 § 2, 2004: Ord. 98-565 § 2, 1998)

6.08.025 License tag—Replacement fee.

In the event that the license tag issued for a dog is lost, the owner may have a current license tag replaced upon the payment for a replacement license tag. Replacement license fees shall be amounts established by city council resolution. (Ord. 04-628 § 3, 2004)

6.08.030 License—Exemption—Seeing-eye dogs.

A seeing-eye dog properly trained and actually in use by a blind person, shall not require a dog license, provided such seeing-eye dog is registered with the city clerk/treasurer. (Ord. 04-628 § 4, 2004: Ord. 98-565 § 3, 1998)

6.08.040 Rabies control.

A. All dogs over the age of six months or dogs with a full set of canine teeth shall have a current rabies vaccination administered by a licensed veterinarian. An owner or custodian acquiring a dog shall have such dog inoculated against rabies within thirty (30) days after the dog reaches six months of age. Any person moving into the city from a location outside of the city shall comply with this section thirty (30) days after having moved into the city.

B. A current rabies vaccination means that a dog vaccinated between three months and one year shall be revaccinated within one year of the vaccination and shall be revaccinated at least every three years thereafter. Any dog, cat or other animal that has bitten any person shall be immediately confined for a period of ten (10) days. No animal under confinement shall be released from confinement until such release has been approved by the director.

C. It is unlawful for the owner or custodian of any dog, cat or other animal that has bitten any person to destroy such animal before it can be properly confined by an animal control officer. The location of such confinement shall be determined by the animal control officer and shall be at the sole expense of the owner or custodian. The owner or custodian of any animal that has been reported as having inflicted a bite on any person shall on demand of the animal control officer produce such animal for examination and quarantine as prescribed in this section. If the owner or custodian of any such animal refuses to produce such animal, and probable cause exists to support the contention that a person was bitten, the owner or custodian shall be subject to immediately appear before the judge of the municipal court who may order immediate production of the animal. If the owner willfully or knowingly secretes or refuses to produce the animal, each day of secretion or refusal to produce the animal shall constitute a separate and individual violation of the subsection.

D. When an animal under quarantine has been diagnosed as being rabid by a licensed veterinarian, the veterinarian making such diagnosis shall immediately notify the county health department and advise such department of any reports of human contact with such rabid animal. If any animal under quarantine dies while under observation the animal control officer shall immediately take action to obtain a pathological and inoculation examination of the animal. As soon as the diagnosis is made available, which shows the animal to be rabid; the animal control officer shall notify the county health department of any reports of human contact with the animal. Any animal, which has not been inoculated against rabies and known to have been bitten by a rabid animal, shall be humanely destroyed immediately.

E. Any veterinarian who diagnoses rabies in any animal shall report such fact to the animal control officer. The veterinarian shall determine, before any rabies inoculation is given, whether the subject animal is under quarantine or has inflicted a bite on any person within the last ten (10) days.

F. In case of an outbreak of rabies constituting an emergency situation, the director shall be authorized to impose strict regulations pertaining to animals within the city limits.

(Ord. 04-628 § 5, 2004: Ord. 98-565 § 4, 1998)

6.08.050 Enforcement.

The city may, if feasible, contract with a qualified humane society entity to perform the services as set forth in this chapter. Such humane society shall have concurrent jurisdiction to supervise and enforce the provisions of this chapter with the police department or other law enforcement agency. Should the city not contract with a qualified humane society to perform the service, the police department, or other law enforcement agency as appointed by council, shall continue to perform the services of supervision and enforcement. (Ord. 04-628 § 6, 2004: Ord. 98-565 § 5, 1998)

6.08.060 Offenses relating to licensing.

It is unlawful for the owner of an animal to:

A. Fail to obtain the license required by this chapter;

B. Fail to display, conspicuously, a license identification tag on the licensed animal;

C. Fail to show the license upon request of any animal control officer or police officer;

D. Use for any dog a license or tag issued for another dog;

E. Use a license or tag on any dog that is not for the current year.

(Ord. 04-628 § 7, 2004: Ord. 98-565 § 6, 1998)

6.08.070 Detainment and disposal.

A. No detained animal shall be released to the owner until all applicable fees assessed by the city are paid.

B. The director shall ascertain whether any detained animal is currently licensed and if so shall notify the licensee by letter that such animal has been detained and may be redeemed upon payment of applicable fees.

C. Anyone claiming a detained animal must prove ownership to the satisfaction of the director before redeeming the animal.

D. Injured, diseased or wild animals need not be detained for the holding period, but may be disposed of in a humane manner at any time at the discretion of the director;

E. Any animal which is detained by the director may be held at the animal shelter or other place appropriate for the animal. The director shall post a notice of detainment at the shelter and shall attempt to determine ownership of an animal. If at the end of the holding period no owner has claimed the animal, the director shall dispose of the animal in a humane manner.

F. A boarding fee for every twenty-four (24) hour period or part thereof for the care and feeding of the animal shall be charged to the owner commencing at the close of business on the day that the animal is detained.

G. The director or the county health department may direct the detention of animals suspected of having rabies. The animals shall be held until their release is approved by the director or the county health department and all applicable fees are paid.

H. An administrative fee shall be paid by any person claiming possession of an animal detained by the city.

I. All fees referred to in this chapter shall be as established by resolution of the city council.

(Ord. 04-628 § 8, 2004: Ord. 98-565 § 7, 1998)

6.08.080 Offenses relating to safety and sanitation.

It is unlawful for an individual to do any of the following:

A. Allow the accumulation of animal feces in any open area, run, cage or yard, wherein animals are kept and fail to remove or dispose of feces at least once every fourteen (14) days.

B. Fail to remove from public property that fecal matter deposited by his or her animal on public property before the owner leaves the immediate area where the fecal matter was deposited.

C. Fail to have in his or her possession the equipment necessary to remove his or her animal fecal matter when accompanied by such animal on public property or on a public easement.

D. Have possession or control of any animal sick or afflicted with any infections or contagious diseases and fail to provide treatment for such infection or disease; or allow or permit such diseased or infected animal to run at large or come in contact with other animals or human beings or drink at any public or common watering trough or stream accessible to other animals.

(Ord. 04-628 § 9, 2004: Ord. 98-565 § 8, 1998)

6.08.085 Offenses relating to sale of animals.

For the purpose of consumer protection it is unlawful to sell any dog known to be sick or injured unless the buyer is given, at the time of sale, written notice of the condition of the animal. (Ord. 04-628 § 10, 2004)

6.08.090 Offenses relating to ownership, possession and control.

It is unlawful for any individual to do any of the following:

A. Permit any dog to run at large; provided, that dogs may be allowed on public rights-of-way and on other public property where dogs are not prohibited, if restrained by a leash, or effectively restrained, and at all times under the control of its owner or custodian.

B. Permit any dog to enter any public fountain or school ground.

C. Fail to confine any dog that is in heat in a secure enclosure so that the female dog cannot come in contact with a male dog unless the male dog is allowed access to the female dog by the owner or custodian.

D. Permit any animal to (1) damage public property or the private property of another, or (2) habitually bark, whine or howl, or make other oral noises in such a manner as to unreasonably disturb any person, or (3) spread or spill garbage.

E. Permit any animal to trespass upon the property of another.

F. Have in his or her possession any animal not owned by him or her without the knowledge of the rightful owner thereof or to fail to surrender such animal to the director upon demand.

G. Tether an animal in such manner as to permit the animal to enter any sidewalk, street, alley or place open to the public or to enter any adjacent lot unless authorized by the occupant of the adjacent premises.

H. To keep or maintain more than two dogs at any one residence or premises in the city without having an excess dog license. The provisions of this subsection shall not be applicable to an animal veterinary hospital/clinic. For purposes of this subsection, no more than three dogs may be kept at any one residence. If more than two dogs are kept at any one residence without an excess dog license, all adult residents of such residence are in violation of this subsection. Whenever an owner is found within the city of Pateros in violation of this subsection, the owner shall be notified in writing of the prohibitions contained in this section. Such notice shall be served upon the owner or, if the owner is not present, then upon any person of suitable age and discretion residing at the owner’s residence. An owner of more than two dogs, who is in violation of this subsection, must permanently remove excess dogs from their residence within sixty (60) days of the notice required in this subsection. If the owner is found to be in violation of this subsection at any time following a sixty (60) day notice period, the excess dog(s) may immediately be impounded by the animal control officer.

(Ord. 04-628 § 11, 2004: Ord. 98-565 § 9, 1998)

6.08.100 Dangerous dogs and potentially dangerous dogs—Registration required.

A. It is unlawful for an owner to have a dangerous dog or potentially dangerous dog in the city without a certificate of registration issued under this section. This prohibition shall not apply to police dogs as defined in RCW 4.24.410, as the same exists or may hereafter be amended.

B. The animal control authority of the city shall issue a certificate of registration to the owner of a dangerous dog if the owner presents to the animal control authority sufficient evidence of:

1. A secure enclosure to confine the dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property; and

2. The owner shall conspicuously display a sign on the premises with a warning symbol that informs children of the presence of a dangerous dog; and

3. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW, as the same exists now or may hereafter be amended, in a form acceptable to the animal control authority, in the amount established by RCW 16.08.080, as it exists now or may be hereafter amended, payable to any person injured by the dangerous dog; or a policy of liability insurance issued by an insurer qualified under Chapter 48.28 RCW in an amount established by RCW 16.08.080, as it exists now or may be hereafter amended, insuring the owner for any personal injuries by the dangerous dog.

C. The animal control authority of the city shall issue a certificate of registration to the owner of a potentially dangerous dog if the owner presents to the animal control authority sufficient evidence of:

1. A secure enclosure or backyard chain run that safely confines the dog when the owner is absent; and

2. The posting of the premises with a clearly visible warning sign that there is a potentially dangerous dog on the property.

D. The city will charge an annual fee as established by city resolution, in addition to regular dog licensing fees, to register a dangerous dog or potentially dangerous dog. In addition, any dangerous dog or potentially dangerous dog shall also be required to be microchipped, at the owner’s expense. This must be done within ten (10) days of the certificate of registration being issued to the owner, and the owner shall provide proof of such microchipping to the city within such thirty (30) day period, as well as providing the city with a photograph of the dog.

(Ord. 657 § 4, 2007; Ord. 04-628 § 12, 2004: Ord. 98-565 § 10, 1998)

6.08.105 Requirements for restraint.

A. It is unlawful for an owner of a dangerous dog to permit the dog to be outside the secure enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of the responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any person or animal.

B. It is unlawful for an owner of a potentially dangerous dog to permit the dog to be allowed or permitted to run free or unrestrained or off-leash, or not otherwise under physical restraint of a responsible person, or within a secured enclosure, as required in this chapter.

(Ord. 657 § 5, 2007)

6.08.110 Dangerous dogs—Confiscation.

A. Any dangerous dog as defined by the provisions of this chapter shall be immediately confiscated by an animal control authority if the:

1. Dog is not validly registered under this chapter; or

2. Owner does not secure the bond or liability insurance coverage required under this chapter; or

3. Dog is not maintained in the proper enclosure with proper signage; or

4. Dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of the owner or custodian.

B. The owner must pay the costs of confinement and control.

C. The animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within twenty (20) days.

D. The animal control authority shall destroy the confiscated dangerous dog in an expeditious and humane manner if any deficiencies are not corrected within twenty (20) days of notification. The owner shall be guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021, as the same exists or may hereafter be amended.

(Ord. 04-628 § 13, 2004: Ord. 98-565 § 11, 1998)

6.08.120 Dangerous dogs and potentially dangerous dogs—Dog bites, penalty and affirmative defenses.

A. If a dangerous dog or potentially dangerous dog, with a prior conviction under this section or under Section 6.08.110 of this chapter, attacks or bites a person or another domestic animal, the dog’s owner is guilty of a Class C felony, punishable in accordance with RCW 9A.20.021, as the same exists now or may be hereafter amended. In addition, the dangerous dog or potentially dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that he or she was in compliance with the requirements for ownership of a dangerous dog or potentially dangerous dog pursuant to this chapter, and the person or domestic animal attacked or bitten by the defendant’s dog trespassed on the defendant’s real or personal property or provoked the defendant’s dog without justification or excuse.

B. The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether or not the dog has previously been declared dangerous or potentially dangerous, shall upon conviction be guilty of a class C felony punishable in accordance with RCW 9A.20.021, as the same exists now or may be hereafter amended. In addition, such dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the human severely injured or killed by the defendant’s dog: 1) Trespassed on the defendant’s real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and beware of dog; or 2) provoked the defendant’s dog without justification or excuse on the defendant’s real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of dog. In such a prosecution, the state has the burden of showing that the owners of the dog either know or should have known that the dog was potentially dangerous as defined in this chapter. The state may not meet its burden of proof that the owner should have known the dog was potentially dangerous solely by showing the dog to be a particular breed or breeds.

C. The owner of a potentially dangerous dog, who violates this section, shall be subject to a civil penalty of up to two hundred fifty dollars ($250.00) for each offense.

(Ord. 04-628 § 14, 2004: Ord. 98-565 § 12, 1998)

6.08.130 Dangerous dogs or potentially dangerous dogs—Notification of declaration.

A. Where the animal control authority seeks to declare a dog within the city to be a dangerous dog or potentially dangerous dog, the animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested. The notice must state:

1. The basis for the proposed action;

2. The reasons the animal control authority considers the animal dangerous or potentially dangerous;

3. A statement that the dog is subject to registration and controls required by this section, including a recitation of the controls in Subsection 6.08.100(B) of this chapter; and

4. An explanation of the owner’s rights and of the proper procedure for appealing a decision finding the dog dangerous or potentially dangerous.

B. Prior to the animal control authority issuing its final determination, the animal control authority shall notify the owner in writing that the owner is entitled to an opportunity to meet with the animal control authority, at which meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous or potentially dangerous. The notice must state the date, time, and location of the meeting, which must occur prior to the expiration of fifteen (15) calendar days following delivery of the notice.

C. After the meeting, the animal control authority must issue its final determination, in the form of a written order, within fifteen (15) calendar days.

D. In the event the animal control authority declares the 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 the signature of the person who made the determination. The order shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the owner’ last known address by the animal control authority.

(Ord. 04-628 § 15, 2004: Ord. 98-565 § 13, 1998)

6.08.140 Appeal of animal control authority determination.

A. A person who is aggrieved by a determination of the animal control authority regarding dangerous dogs or potentially dangerous dogs may appeal such determination to the municipal court. The owner must appeal the determination within twenty (20) days of receiving the final determination.

1. The written appeal shall include the name, address and telephone number of the appellant(s) and a copy of the determination of the animal control authority.

2. The clerk shall promptly set a date for a hearing of the appeal. Written notice of the date, time and place of the appeal hearing shall be mailed or personally delivered to the appellant(s) and to the animal control authority not less than ten (10) days prior to the hearing.

3. The appellant(s) shall have the burden of proving that the determination of the animal control authority is arbitrary and capricious.

B. While the appeal is pending, the animal control authority may order that the dog be confined or controlled. If the dog is determined to be dangerous or potentially dangerous, the owner must pay all costs of confinement and control.

(Ord. 04-628 § 16, 2004: Ord. 98-565 § 14, 1998)

6.08.150 Appeal of animal control authority decision to confiscate or destroy.

An owner or custodian of a dangerous dog or potentially dangerous dog who is aggrieved by confiscation of the dog may prevent destruction or adoption of the dog by petitioning the court for the dog’s return, subject to court-imposed conditions.

A. A written petition shall be filed with the clerk of the municipal court not more than twenty (20) days after the date of initial detention. The petition shall include the name, address and telephone number of the petitioner(s) and a copy of the final determination of the animal control authority. The petition shall be accompanied with a bond or security in an amount sufficient to provide for the dog’s detention and care for not less than forty-five (45) days from the date of initial detention.

B. The clerk shall promptly set a date for a hearing on the petition. Written notice of the date, time and place of the hearing shall be mailed or personally delivered to the petitioner(s) and to the animal control authority not less than ten (10) days prior to the hearing.

C. If the municipal court determines that the dangerous dog or potentially dangerous dog should not be returned to the owner or custodian, the dog shall be forfeited by the owner or custodian. The animal control authority may destroy the dog or find a responsible person or agency to adopt the dog.

D. If the municipal court determines that the dangerous dog or potentially dangerous dog should be returned to the owner or custodian, the municipal court shall impose such specific conditions, as it deems appropriate to safeguard the public from bodily injury and property damages. The petitioner(s) shall pay the cost of the dog’s detention and care within ten (10) days after the municipal court’s determination. If the petitioner fails to pay such costs, the bond shall be forfeited and the animal control authority may destroy the dog or find a responsible person or agency to adopt the dog.

(Ord. 04-628 § 17, 2004: Ord. 98-565 § 15, 1998)

6.08.160 Violation—Penalty.

Except as otherwise set forth in a specific provision of this chapter, failure to comply with any provision of this chapter shall subject the violator to a maximum monetary civil penalty of two hundred fifty dollars ($250.00) for the first offense and a maximum monetary civil penalty of two hundred fifty dollars ($250.00) for each subsequent offense committed within a twelve (12) month period. (Ord. 04-628 § 18, 2004: Ord. 98-565 § 16, 1998)

6.08.170 Disclaimer.

If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or the constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 04-628 § 19, 2004: Ord. 98-565 § 17, 1998)

6.08.180 Fees may be amended by resolution.

Any license fees, penalties for late license application, replacement fees, impound fees, notice fees, boarding fees and other fees associated with this chapter may be adjusted periodically by resolution of the city council and posting a public notice at the city hall of such adjustment in fees. (Ord. 04-628 § 20, 2004: Ord. 98-565 § 18, 1998)

Chapter 6.08DOGS

6.08.010 Definitions.