Chapter 8.18
DECLARATION OF DOGS AS POTENTIALLY DANGEROUS DOGS
Sections:
8.18.020 Declaration of dogs as potentially dangerous or dangerous – Procedure.
8.18.030 Confinement and identification.
8.18.035 Possession of a dangerous or potentially dangerous dog where prohibited.
8.18.040 Permits, fees, and registration.
8.18.045 Notification of status of potentially dangerous dog or dangerous dog.
8.18.050 Penalty for violation.
8.18.060 Repealed.
8.18.070 Provisions supplemental.
8.18.010 Definition of terms.
As used in this chapter:
(1) “Owner” means any person, firm, corporation or organization possessing or harboring or having the care or custody of a dog.
(2) “Dangerous dog” means any dog that, when unprovoked: (a) inflicts severe injury on or kills a human being without provocation, or (b) inflicts severe injury on or kills an animal without provocation while the animal inflicting the injury is off the property where its owner resides, or (c) has been previously found to be potentially dangerous, the owner having received notice of such and the animal again aggressively bites, attacks or endangers the safety of humans or other animals.
(3) “Potentially dangerous dog” shall mean any dog that, when unprovoked: (a) inflicts bites on a human or a domestic animal either on public or private property, or (b) chases or approaches a person upon the streets, sidewalks, or any public grounds or private property in a menacing fashion or apparent attitude of attack, or (c) any dog with a known propensity, tendency, or disposition to attack unprovoked or to cause injury or otherwise to threaten the safety of humans or domestic animals on any public or private property.
(4) “Proper enclosure” means, while on the owner’s property, the animal shall be 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 a locking door with a padlock, secure sides, a concrete floor, or if the pen or structure has no bottom secured to the sides, then the sides must be embedded in the ground no less than one foot, and a secure top attached to the sides, and shall also provide protection from the elements for the animal. The structure must comply with all applicable provisions of the local building and zoning codes.
(5) “Severe injury” means any physical injury which results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. (Ord. 2926 § 1, 2008; Ord. 2463 § 1, 1995; Ord. 2160 § 1, 1988).
8.18.020 Declaration of dogs as potentially dangerous or dangerous – Procedure.
(1) The animal control agency shall classify potentially dangerous dogs and dangerous dogs. The agency may find and declare an animal potentially dangerous or dangerous if any animal control officer has probable cause to believe that the animal falls within the definitions set forth in PMC 8.18.010. The written finding must be based upon:
(a) The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of PMC 8.18.010; or
(b) Dog bite reports filed with the animal control agency or other law enforcement agency; or
(c) Actions of the dog witnessed by any animal control officer or law enforcement officer; or
(d) Other substantial evidence.
(2) Exclusions. A dog may 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 animal, or who has 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.
(3) The declaration of potentially dangerous dog or dangerous dog shall be in writing and shall be served on the owner in one of the following methods:
(a) Certified mail to owner’s last known address; or
(b) Personally; or
(c) If the owner cannot be located by one of the first two methods, by publication in a newspaper of general circulation.
(4) The declaration shall state at least:
(a) The description of the animal.
(b) The name and address of the owner of the animal, if known.
(c) The whereabouts of the animal if it is not in the custody of the owner.
(d) The facts upon which the declaration of potentially dangerous dog or dangerous dog is based.
(e) The availability of a hearing in case the person objects to the declaration, if a request is made within 10 days.
(f) The restrictions placed on the animal as a result of the declaration of potentially dangerous dog or dangerous dog. The restrictions shall include confinement of the dog from the time the declaration is served to the dog owner.
(g) The penalties for violation of the restrictions, including the possibility of destruction of the animal and imprisonment or fining of the owner.
(5) If the owner of the animal wishes to object to the declaration of potentially dangerous dog or dangerous dog:
(a) The owner may request a hearing before the director of the animal control agency or the director’s designee by submitting a written request to said director or the director’s designee within 10 days of receipt of the declaration, or within 10 days of the publication of the declaration pursuant to subsection (3) of this section.
(b) If the director or the director’s designee finds that there is insufficient evidence to support the declaration, it shall be rescinded, and the restrictions imposed thereby annulled.
(c) If the director or the director’s designee finds sufficient evidence to support the declaration, the owner may appeal such decision pursuant to the city of Puyallup hearing examiner code; provided, that the appeal and payment of the appeal fee of $75.00 must be submitted to the animal control agency within 10 working days after the director or the director’s designee finds sufficient evidence to support the declaration.
(d) During the entire appeal process, it shall be unlawful for the owner appealing the declaration of potentially dangerous dog or dangerous dog to allow or permit such dog to:
(i) Be unconfined on the premises of the owner; or
(ii) Go beyond the premises of the owner, unless such dog is securely leashed and humanely muzzled or otherwise securely restrained under the control of a person 18 years of age or older, physically able to restrain and control the dog.
(6) In the case wherein a dog is found to be a dangerous dog pursuant to the procedures of this section because the dog killed a human being without provocation, after exhaustion of appeal therefrom, the dangerous dog shall be forfeited to the animal control authority and be humanely euthanized.
(7) During the entire appeal process, should the owner fail to follow the applicable restrictions and/or requirements outlined in this chapter, the animal control authority is authorized to seize and impound such dog for the remainder of the appeal process. The owner shall be responsible for all costs associated with the boarding of such dog. (Ord. 3029 § 11, 2013; Ord. 2926 § 2, 2008; Ord. 2463 § 1, 1995).
8.18.030 Confinement and identification.
(1) Following a declaration of a potentially dangerous dog or dangerous dog and the exhaustion of the appeal therefrom, it shall be unlawful for the owner of a potentially dangerous dog or dangerous dog to allow the dog to:
(a) Be outside a proper enclosure on the premises of such person; or
(b) Go beyond the premises of such person unless such dog is securely leashed and humanely muzzled or otherwise securely restrained, and under the control of a person 18 years of age or older, physically able to restrain and control the dog.
(2) A potentially dangerous dog or dangerous dog must be tattooed or have a microchip implanted for identification. Such tattoo or microchip shall be in a form or with a device as approved by the animal control authority. Such identification information must be on record with the animal control authority.
(3) The provisions of this section and PMC 8.18.040 and 8.18.045 apply to any dog declared potentially dangerous or dangerous under any prior ordinance and prior to the effective date of the ordinance codified in this section. (Ord. 2926 § 3, 2008; Ord. 2463 § 1, 1995; Ord. 2160 § 1, 1988).
8.18.035 Possession of a dangerous or potentially dangerous dog where prohibited.
It is unlawful to bring a dog into Puyallup that has lawfully been declared to be dangerous or potentially dangerous by another government agency, animal control authority, hearing examiner, municipality or court without providing 48 hours’ notice of the intent to bring the dog into Puyallup to the animal control authority. Prior to bringing the dog into Puyallup, all conditions and provisions for licensing such a dangerous or potentially dangerous dog in Puyallup must be met by the owner and the owner must also comply with any and all lawful conditions and restrictions imposed by any other agency, animal control authority, hearing examiner, municipality or court which had originally declared the dog as potentially dangerous or dangerous.
Should the owner of a potentially dangerous or dangerous dog fail to obtain a permit for such dog and comply with all other lawful restrictions pertaining to the potentially dangerous or dangerous dog, the animal control authority is authorized to seize and impound such dog and, after notification to the owner, hold the dog for a period of no more than five days before destruction of such dog by the animal control authority. If the owner can meet the licensing requirements within five days, they may redeem their dog after paying all associated impound, boarding, and licensing fees. (Ord. 3029 § 12, 2013).
8.18.040 Permits, fees, and registration.
(1) Following a declaration of potentially dangerous dog and the exhaustion of the appeal therefrom, the owner of a potentially dangerous dog shall obtain a permit for such dog from the animal control agency and shall be required to pay the fee for such permit in the amount of $250.00. In addition, the owner of a potentially dangerous dog shall pay an annual renewal fee for such permit in the amount of $50.00.
(2) Following a declaration of a dangerous dog and the exhaustion of the appeal therefrom, the owner of a dangerous dog shall obtain a permit for such dog from the animal control agency and shall be required to pay the fee for such permit in the amount of $500.00. In addition, the owner of a dangerous dog shall pay an annual renewal fee for such permit in the amount of $100.00.
(3) Should the owner of a potentially dangerous dog or a dangerous dog fail to obtain a permit for such dog from the animal control agency or to appeal the declaration of potentially dangerous dog or dangerous dog, the animal control agency is authorized to seize and impound such dog and, after notification to the owner, hold the dog for a period of no more than five days before destruction of such dog by the animal control agency.
(4) Registration Requirements.
(a) It is unlawful for an owner to have a potentially dangerous dog or dangerous dog in the city without a permit issued under this section, except that this shall not apply to dogs used by law enforcement for official law enforcement activities.
(b) The animal control authority of the city shall issue a permit to the owner of a potentially dangerous dog or dangerous dog if the owner presents to the animal control authority sufficient evidence of:
(i) A proper enclosure to confine a potentially dangerous dog or 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 children or others incapable of reading of the presence of a dangerous dog; and
(ii) For a dog that is declared to be a potentially dangerous dog, 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 $50,000, and payable to any person injured by the potentially dangerous dog, or 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 $50,000, insuring the owner for any personal injuries inflicted by the potentially dangerous dog. For a dog that is declared to be a dangerous dog, 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 $500,000, payable to any person injured by the dangerous dog, or 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 $500,000, insuring the owner for any personal injuries inflicted by the dangerous dog. (Ord. 2926 § 4, 2008; Ord. 2463 § 1, 1995).
8.18.045 Notification of status of potentially dangerous dog or dangerous dog.
(1) The owner of a dog that has been classified as a potentially dangerous dog or dangerous dog shall immediately notify the animal control authority when such dog:
(a) Is loose or unconfined; or
(b) Has bitten or otherwise injured a human being or attacked another animal; or
(c) Is sold, given away or dies; or
(d) Is moved to another address.
(2) Prior to a potentially dangerous dog or dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control authority. The new owner shall comply with all of the requirements of this chapter. (Ord. 2926 § 5, 2008).
8.18.050 Penalty for violation.
Any person who violates a provision of this chapter shall, upon conviction thereof, be found guilty of a gross misdemeanor and may be punished by a fine of not less than $250.00 and not more than $5,000, or imprisonment of not more than one year in jail, or by both such fine and imprisonment. In addition, any person found guilty of violating this chapter shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal, or boarding and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expenses as may be required for the destruction of any such dog; provided, that any potentially dangerous dog or dangerous dog which is in violation of the restrictions contained in this chapter or restrictions imposed as part of a declaration as a potentially dangerous dog or dangerous dog shall be seized and impounded. Furthermore, any potentially dangerous dog or dangerous dog which attacks a human being or domestic animal may be ordered destroyed when, in the court’s judgment, such potentially dangerous dog or dangerous dog represents a continuing threat of serious harm to human beings or domestic animals. (Ord. 2926 § 6, 2008; Ord. 2463 § 1, 1995).
8.18.060 Violation – Penalty.
Repealed by Ord. 2926. (Ord. 2463 § 1, 1995. Formerly 8.18.070).
8.18.070 Provisions supplemental.
The provisions contained in this chapter are supplemental to, and do not repeal, the provisions relating to animals and dogs found elsewhere in this code. (Ord. 2463 § 1, 1995. Formerly 8.18.080).