Chapter 6.05
POTENTIALLY DANGEROUS DOG AND DANGEROUS DOG
Sections:
6.05.020 Potentially dangerous dog and dangerous dog.
6.05.030 Penalty and impoundment.
6.05.040 Dangerous dogs—Additional requirements.
6.05.050 Registration of potentially dangerous dogs and dangerous dogs.
6.05.060 Penalty for violation.
6.05.010 Definitions.
For the purpose of this chapter, the following words shall have the following meanings unless the context indicates otherwise:
“Dangerous” means an animal that according to the records of the animal control or other appropriate authority:
1. Has inflicted severe injury on a human without provocation while on public or private property;
2. Has killed a domestic animal without provocation while on public or private property;
3. Has been previously found to be potentially dangerous, the owner has received notice of such potential and the animal subsequently bites, attacks or endangers the safety of humans or domestic animals.
4. RCW 16.08.070(2), containing the definition of “dangerous dog,” as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein.
5. However, the animal shall not be declared 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 of the animal, or was tormenting, abusing or assaulting the animal or has, in the past, been observed or reported to have tormented, abused or assaulted the animal, or was committing or attempting to commit a crime.
“Potentially dangerous” means an animal that when unprovoked:
1. Chases or approaches a person upon the streets, sidewalks, or any other public grounds in a menacing fashion or apparent attitude of attack;
2. Causes injury to or otherwise threatens the safety of a human or domestic animal;
3. Inflicts a bite upon a human or domestic animal either on public or private property;
4. Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or otherwise to threaten the safety of humans or domestic animals.
5. RCW 16.08.070(1), containing the definition of “potentially dangerous dog,” as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein.
“Proper enclosure of a dangerous animal/dog” means, while on the owner’s property, a potentially dangerous animal/dog or dangerous animal/dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the animal.
“Severe injury” means any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery. RCW 16.08.070(3), containing the definition of “severe injury,” as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein. (Ord. 2008-12 § 1 (part), 2008: Ord. 2007-46 § 3, 2007)
6.05.020 Potentially dangerous dog and dangerous dog.
A. Declaration of a Dog as Potentially Dangerous. The animal control authority shall have the authority to declare and restrict a dog potentially dangerous if the animal control authority has probable cause to believe that the dog falls within the definition of potentially dangerous set forth in Section 6.05.010. The declaration must be based upon:
1. 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 of potentially dangerous in Section 6.05.010; or
2. Dog bite reports filed with the animal control authority; or
3. Actions of the dog witnessed by any employee of the animal control authority or law enforcement officer; or
4. Other substantial evidence.
B. Exclusions. A dog 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 dog was sustained by a person who was at the time committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or who was tormenting, abusing, or assaulting the dog, or who had been in the past observed or reported to have tormented, abused, or assaulted the dog, or who was committing or attempting to commit a crime.
C. Restrictions. The animal control authority may impose any or all of the following restrictions on the owners of a dog to protect the public safety:
1. Training. The animal control authority may require the owner of the potentially dangerous dog and the dog to attend, complete, and pay all costs associated with an accredited obedience/training class or seminar. The animal control authority shall pre-approve any choice of class by the owner of the dog, and proof of satisfactory completion of such training shall be provided to the animal control authority upon completion, even if such type of training has been completed by the dog in the past.
2. Restraint. The animal control authority may require the owner of the potentially dangerous dog to muzzle, leash, collar, confine, lock, isolate, or remove the dog from the city of Poulsbo. Residential fencing of the property will be required if necessary to restrain the dog.
3. Insurance. The animal control authority may require the owner of the potentially dangerous dog to prove purchase of liability insurance or bond and renewals in the amount of one hundred 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 potentially dangerous dog. All costs associated with the insurance/bond must be paid by the insured.
4. Registration Required. The animal control authority will require the owner of a dog declared potentially dangerous by a court of law or the animal control authority to register the dog within seven calendar days of the date the dog is declared potentially dangerous. Thereafter, the potentially dangerous dog will be registered annually.
5. Warning. The animal control authority will require the owner of a potentially dangerous dog to post all entrances to any property where such dog is located with such visible warning sign(s) as the animal control authority deems necessary.
6. Dog Park. It will be unlawful for any person to permit a potentially dangerous dog in a “dog park” in the city of Poulsbo.
7. Tether. It will be unlawful for any person to tie or otherwise tether a potentially dangerous dog to any inanimate object, such as trees, mailboxes, vending machines, and the like.
8. Financial Responsibility. The animal control authority may require the owner of a potentially dangerous dog to pay any costs associated with enforcement of this section including, but not limited to, those stated above.
D. Prohibited Ownership. No person(s) under the age(s) of eighteen years old shall own a potentially dangerous dog, as defined in Section 6.05.010.
E. Notice of Animal Control Authority Declaration. If the animal control authority receives a report of a potentially dangerous dog, it shall immediately initiate an investigation including, but not limited to, interviewing the complainant(s), interviewing the owner of the dog, if known, and observing the dog. Upon completion of its investigation, if the dog is declared potentially dangerous, the animal control authority shall prepare a written declaration. The declaration shall include, but is not limited to, a description of the dog, the name and address of the owner of the dog, if known, a brief summary of the facts upon which the declaration is based, a statement of any restrictions placed on the dog 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.
F. Service of Notice of Declaration. The animal control authority shall personally serve or send by certified mail its declaration to the owner of the dog. If the owner is unknown, the animal control authority shall make reasonable efforts to notify the owner of its written declaration.
G. Appeal to Poulsbo Municipal Court. The owner of a dog declared potentially dangerous shall have fourteen calendar days from receipt of the written declaration to file a written appeal with the Poulsbo municipal court. No fee shall be charged for this appeal. Within fourteen calendar days of receiving the written notice of appeal, the municipal court clerk shall schedule an appeal hearing before the Poulsbo municipal court and provide written notice of the hearing to the owner of the potentially dangerous dog and the animal control authority.
H. Hearing before Municipal Court. At the appeal hearing before the Poulsbo municipal court, the animal control authority shall have the burden of proving that the dog is potentially dangerous by a preponderance of the evidence. The owner of the dog may present evidence in defense of the dog and against the declaration. The court shall weigh the evidence presented by both the animal control authority and the owner (if applicable), and shall issue a written decision to the appealing dog owner and animal control authority that either sustains or reverses the animal control authority’s declaration. If the declaration is reversed and an appeal is not timely filed by the animal control authority, any restrictions on the dog previously imposed shall be annulled. No court costs or attorney fees shall be assessed against the city of Poulsbo, Kitsap County, or the animal control authority in such an instance.
I. Appeal of Municipal Court’s Decision. Either the owner of a dog declared potentially dangerous by the authority or the animal control authority itself may appeal the decision of the Poulsbo municipal court to the Kitsap County superior court. Any such appeal shall be filed within thirty days as provided in the Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ) and shall be governed by and subject to such rules.
J. Change of Ownership, Custody, and/or Residence. Owners of a dog that has been declared potentially dangerous who sell, barter, or otherwise transfer the ownership, custody, or residence of the dog shall, within fourteen 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 dog is located. Such notice shall also include the name, description, and license number of the dog. In the event the ownership and/or custody of the dog changes, the owner shall notify the new owner in writing of the details of the dog’s record relating to being declared potentially dangerous and the terms and conditions of the declaration. The owner shall also provide the animal control authority with a copy of the written notification that shall contain a notarized statement by the new owner acknowledging receipt of the original notification.
K. Failure to Abide by Restraints. Failure on the part of the owner(s) of a potentially dangerous dog to abide by the restraints placed upon the owner(s) or their dog by the animal control authority or municipal court may result in impoundment of the potentially dangerous dog by the animal control authority, pursuant to Section 6.05.030(C). (Ord. 2012-02 § 1, 2012: Ord. 2008-12 § 1 (part), 2008: Ord. 2007-58 § 1, 2007; Ord. 2007-46 § 3, 2007)
6.05.030 Penalty and impoundment.
A. Misdemeanor. When a dog has been declared potentially dangerous pursuant to Section 6.05.020, the owner of the potentially dangerous dog shall be guilty of a misdemeanor if the dog is thereafter found:
1. At large;
2. To have, when unprovoked, inflicted a bite(s) upon a human, pet, or livestock either on public or private property;
3. 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, pets, or livestock; or
4. To have caused injury to or otherwise threatened the safety of humans, pets, or livestock. 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.
B. Declaration of a Dog as Dangerous. If the owner of a potentially dangerous dog is found guilty of violating subsection A of this section, the animal authority shall make a further determination as to whether the dog should be declared dangerous.
C. Impoundment of Dangerous and Potentially Dangerous Dogs. In the event that a dangerous dog or potentially dangerous dog is impounded due to the owner’s failure to abide by the restraints imposed by the animal control authority or the Poulsbo municipal court, a hearing shall be held within fourteen calendar days by the Poulsbo municipal court to determine whether the dog should be returned to the owner, forfeited by the owner, or euthanized by the animal control authority. Written notice of the hearing shall be provided by the municipal court clerk. In the event that the Poulsbo municipal court determines that the dog should not be returned to the owner, the animal control authority may adopt or give the dog to a dog welfare organization or qualified individual, or euthanize the dog. An owner may prevent the dog’s destruction or adoption by:
1. Appealing the decision of the Poulsbo Municipal Court to the Kitsap County Superior Court. Any such appeal shall be filed within thirty days as provided in the Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ) and shall be governed by and subject to such rules; or
2. Posting a bond or security in an amount sufficient to provide for the dog’s care for a minimum of thirty calendar days from the seizure date.
3. If the animal control authority still has custody of the dog when the bond or security expires, the dog shall become the animal control authority’s property unless the court orders an alternative disposition. If a court order prevents the animal control authority from assuming ownership and it continues to care for the dog, the court shall order the owner to renew a bond or security for the continuing costs for the dog’s care. (Ord. 2008-12 § 1 (part), 2008: Ord. 2007-46 § 4, 2007)
6.05.040 Dangerous dogs—Additional requirements.
A. License Requirements. If a dog has been classified as a dangerous dog by the animal control authority or court, additional restrictions to ownership will apply. The animal authority may issue a license to keep the dog in the city of Poulsbo only if the owner presents to the animal authority proof of compliance with all aspects of Section 6.05.020 as well as:
1. A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning 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 the public of the presence of a dangerous dog; and
2. A surety bond issued by a surety insurer qualified under RCW Title 48 in a form acceptable to the animal control authority in the sum of at least one hundred thousand dollars, 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 one hundred thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous dog.
B. Restrictions. The owner of a dangerous dog shall not permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a 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. (Ord. 2008-12 § 1 (part), 2008: Ord. 2007-46 § 4, 2007)
6.05.050 Registration of potentially dangerous dogs and dangerous dogs.
A. Registration Required. The owner of a dog declared to be potentially dangerous or dangerous by a court of law or the animal control authority shall register the potentially dangerous dog or dangerous dog with the animal control authority pursuant to RCW 16.08.080 within seven calendar days of the date the dog is declared potentially dangerous or dangerous. Thereafter, the potentially dangerous dog or dangerous dog shall be registered annually.
B. Registration Expiration. Certificates of registration for potentially dangerous dogs shall expire on the anniversary date of the dog’s initial registration.
C. Registration Fee for Potentially Dangerous Dog. The annual registration fee for potentially dangerous dogs shall be two hundred fifty dollars. This registration fee is in addition to regular dog licensing fees.
D. Registration Fee for Dangerous Dog. The annual registration fee for a dangerous dog shall be five hundred dollars. This registration fee is in addition to regular dog licensing fees.
E. Certificate of Registration Application. An application to obtain a certificate of registration of a potentially dangerous dog or a dangerous dog shall contain the following:
1. Name, address, and telephone number of the applicant owner;
2. Type, name, age, color, sex, and distinguishing characteristics of the dog;
3. A diagram to approximate scale showing the proper enclosure to confine the dog;
4. A surety bond issued by a surety insurer qualified under RCW Title 48 in a form acceptable to the animal control authority in a sum equal to at least the minimum required by Section 6.05.020(C)(3) or 6.05.040(A)(2);
5. A policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under RCW Title 48, in an amount equal to at least the minimum required by Section 6.05.020(C)(3) or 6.05.040(A)(3);
6. A recent clear color photo of the dog;
7. Proof of permanent identification upon the dog by the procedure known as microchipping;
8. Evidence of the posting of the premises with a clearly visible warning sign that there is a potentially dangerous dog or dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs the public of the presence of a potentially dangerous dog or dangerous dog.
F. Pre-Certificate On-Site Inspection. An employee of the animal control authority shall make an on-site inspection of the applicant’s site for keeping the animal to ensure that the site is properly enclosed and posted, pursuant to RCW 16.08.080(2)(a). Such inspection shall occur within thirty calendar days of the dog being declared potentially dangerous or dangerous.
G. Noncompliance. In the event the owner of a dangerous dog fails to comply with the requirements of this section and/or RCW 16.08.080, the animal control authority can take immediate action pursuant to RCW 16.08.100. Rules and regulations for notifying owners of the confiscation of registered dangerous dogs shall be formulated by the animal control authority. Section 6.05.030(C) shall govern the procedures for impoundment.
H. Certificate of Registration Issuance. On behalf of the city of Poulsbo, the animal control authority shall issue the certificate of registration if the registration fee is paid and the application and site inspection show that the applicant meets the requirements of this section and applicable state law. The certificate of registration shall contain its date of expiration and also a statement of the applicable state criminal penalties for failing to comply. The certificate of registration shall be prominently displayed by the owner of the dangerous dog in a conspicuous location.
I. Annual Inspections. Within thirty calendar days prior to the renewal of a certificate of registration, the animal control authority shall inspect the premises where the dangerous dog is kept at a time mutually convenient to both the animal control authority and the owner of the dog. The purpose of this annual inspection shall be to ascertain whether the site remains in compliance with this section. Such inspection shall occur on or before the expiration of the certificate of registration. Failure of the owner of the dog to cooperate in this inspection can result in further action pursuant to RCW 16.08.100 and subsection F of this section.
J. Change of Ownership Prohibited. An owner of a dog declared dangerous shall not sell, barter, or otherwise transfer the ownership, custody, or residence of the dog without first obtaining written court approval. Any owner seeking such court approval shall notify the animal control authority of its intent. (Ord. 2008-12 § 1 (part), 2008: Ord. 2007-46 § 5, 2007)
6.05.060 Penalty for violation.
A. Unless specifically designated in this title as a gross misdemeanor or misdemeanor or is specified to be enforced pursuant to other law, including, but not limited to, other chapters or titles of this code, any violation of this chapter is a misdemeanor.
B. Such penalty is in addition to any other remedies or penalties specifically provided by law. For each act herein prohibited of a continuing nature, each day shall be considered a separate offense.
C. Any person who fails to respond or appear on any violation of any provision of the Poulsbo Municipal Code set forth in this title shall be assessed a failure to respond or appear fee in the amount set forth in RCW 46.63.110(3), as the same now exists or as may be hereafter amended, which statute is incorporated herein by this reference as if fully set forth.
D. If a time pay agreement is requested, a fee of not to exceed ten dollars per charge or twenty-five dollars per payment plan may be imposed. (Ord. 2008-12 § 1 (part), 2008: Ord. 2007-46 § 6, 2007)