Chapter 6.16
POTENTIALLY DANGEROUS AND DANGEROUS DOGS
Sections:
6.16.020 Potentially dangerous dog—Certificate of registration required.
6.16.030 Potentially dangerous dogs—Restraint requirements.
6.16.040 Dangerous dog—Certificate of registration required.
6.16.050 Dangerous dogs—Restraint requirements.
6.16.090 Liability limitations.
6.16.010 Definitions.
When used in this chapter, the definitions in this section shall apply:
A. “Animal control authority” means the Sedro-Woolley police department.
B. “Animal control official” means any person or persons appointed by the police chief, in accordance with the laws and ordinances of the city and the provisions of RCW Title 16 to: issue licenses; restrain, collect, transport, impound, sell, surrender, or dispose of animals; or to give notice or to do any other acts, duties or functions prescribed by this title relating to the animals herein regulated. In addition, any city police officer shall be an ex officio animal control official and have like enforcement authority.
C. “Dangerous dog” means any dog that:
1. Inflicts severe injury upon a human being without provocation on public or private property; or
2. Kills a domestic animal without provocation while the dog is off the owner’s property; or
3. Has been previously found to be potentially dangerous because of an injury inflicted upon a human, the owner having received notice of such and the dog again bites, attacks, or endangers the safety of humans; or
4. Has been previously declared a dangerous dog in any other city, county, state, or foreign country.
D. “Owner” or “keeper” means any person (over the age of eighteen), firm, association, or corporation owning, keeping, or harboring a dog, or their agents or persons acting with their permission. Any actions exercisable against an owner in this chapter shall also be exercisable against a keeper. If the dog is under the care of a “keeper,” the term “owner” shall also refer to the current “keeper” of the dog.
E. “Potentially dangerous dog” means any dog that when unprovoked:
1. Inflicts bites upon a human or a domestic animal either on public or private property; or
2. Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; or
3. Has a known propensity, tendency or disposition to attack unprovoked, or to cause injury or otherwise to threaten the safety of humans or domestic animals; or
4. Has been previously declared a potentially dangerous dog in any other city, county, state, or foreign country.
F. “Proper enclosure of a dangerous dog” means, while on the owner’s property, a dangerous 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 dog.
G. “Severe injury” means any physical injury resulting in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. (Ord. 1980-21 § 3, 2021; Ord. 1824-15 § 3 (part), 2015)
6.16.020 Potentially dangerous dog—Certificate of registration required.
A. It is unlawful for any owner of a potentially dangerous dog, who has been notified by any animal control authority that he or she is the owner of a potentially dangerous dog, to keep such dog within Sedro-Woolley unless such owner has notified the Sedro-Woolley animal control authority and procured a certificate of registration from the Sedro-Woolley animal control authority.
B. The animal control authority may find and declare a dog to be a potentially dangerous dog if it has probable cause to believe the dog falls within the definition set forth in this chapter. The finding 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 a potentially dangerous dog; or
2. Dog bite reports filed with the animal control authority as required by this chapter or state law; or
3. Actions of the dog witnessed by any animal control officer or law enforcement officer; or
4. Other substantial evidence admissible in municipal court.
C. The declaration of potentially dangerous dog shall be in writing, and shall be served on the owner in one of the following methods:
1. Certified/return receipt mail to the owner or keeper’s last known address, if known; or
2. Personally; or
3. If the owner cannot be located by one of the first two methods, by publication in a newspaper of general circulation.
4. The owner of any animal found to be a potentially dangerous dog under this section shall be assessed all service costs expended under this subsection C.
D. The declaration shall state, at least:
1. A description of the animal;
2. The name and address of the owner or keeper of the animal, if known;
3. The whereabouts of the animal if it is not in the custody of the owner;
4. The facts upon which the declaration of potentially dangerous dog is based;
5. The restrictions placed on the dog as a result of the declaration;
6. The availability of a hearing in the event the owner or keeper objects to the declaration, if a request is made within five business days;
7. The penalties for violation of the restrictions, including the possibility of destruction of the animal, and imprisonment or fining of the owner.
E. If the owner of the animal wishes to object to the declaration of potentially dangerous dog:
1. The owner may, within five business days of receipt of the declaration, or within five business days of the publication of the declaration pursuant to subsection (C)(3) of this section, request a hearing before the municipal court by submitting a written request to the clerk of the court.
2. If the court finds that there is insufficient evidence to support the declaration, it shall be rescinded, and the restrictions imposed thereby annulled.
3. If the court finds sufficient evidence to support the declaration, it shall impose court costs on the appellant, and may impose additional restrictions on the animal.
4. In the event the court finds that the animal is not a potentially dangerous dog, no court costs shall be assessed against Sedro-Woolley or the animal control authority.
F. Following service of a declaration of potentially dangerous dog, and pending appeals under this section or to any other court with jurisdiction, the animal control authority may, if circumstances require, impound the animal at the owner’s expense, pursuant to the provisions of this chapter, until a court orders either its redemption or destruction.
G. The owner of a potentially dangerous dog shall obtain a certificate of registration for such dog from the animal control authority, and shall be required to pay the fee for such registration in the amount set forth herein, or as hereafter amended. In addition, the owner of a potentially dangerous dog shall pay an annual renewal fee for such registration in the amount set forth herein, or as hereafter amended.
H. The registration fee for each potentially dangerous dog to be registered under this section is listed in the master fee schedule adopted by resolution of the city council. The annual renewal fee for each potentially dangerous dog registered under this section is listed in the master fee schedule adopted by resolution of the city council. (Ord. 2013-22 § 14, 2022; Ord. 1824-15 § 3 (part), 2015)
6.16.030 Potentially dangerous dogs—Restraint requirements.
A. Following a declaration of potentially dangerous dog and pending any appeal of that declaration, the owner must:
1. Conspicuously display a sign with a warning symbol on any premises where the dog is kept that warns children of the presence of a potentially dangerous dog; and
2. While on the owner’s property, ensure the dog is securely confined inside a residential or nonresidential building as determined by the animal control authority, or a kennel, or pen, or within a fence which has secure sides of sufficient height and strength to prevent the dog’s escape; and
3. While off the owner’s property, ensure the dog is securely leashed and under the control of a responsible person eighteen years of age or older, and physically able to restrain and control the dog; and
4. Ensure the dog has a microchip implant for permanent identification; and
5. Comply with any additional restrictions imposed on the keeping of a potentially dangerous dog by the animal control authority.
B. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor, and the penalty shall be a fine of not more than one thousand dollars, or imprisonment not exceeding ninety days, or both such fine and imprisonment. (Ord. 1824-15 § 3 (part), 2015)
6.16.040 Dangerous dog—Certificate of registration required.
A. It is unlawful for any owner of a dangerous dog, who has been notified by any animal control authority that he/she is the owner of a dangerous dog, to keep such dog within Sedro-Woolley unless such owner has notified the Sedro-Woolley animal control authority and procured a certificate of registration from the Sedro-Woolley animal control authority.
B. The animal control authority may find and declare a dog to be a dangerous dog if it has probable cause to believe that the dog falls within the definition of a dangerous dog. The finding 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 a dangerous dog; or
2. Dog bite reports filed with the animal control authority as required by this chapter or state law; or
3. Actions of the dog witnessed by any animal control officer or law enforcement officer; or
4. Other substantial evidence admissible in municipal court.
C. The declaration of dangerous dog shall be in writing, and shall be served on the owner in one of the following methods:
1. Certified/return receipt mail to the owner or keeper’s last known address, if known; or
2. Personally; or
3. If the owner cannot be located by one of the first two methods, by publication in a newspaper of general circulation.
4. The owner of any animal found to be a dangerous dog under this section shall be assessed all service costs expended under this subsection C.
D. The declaration shall state at least:
1. A description of the animal;
2. The name and address of the owner or keeper of the animal, if known;
3. The whereabouts of the animal if it is not in the custody of the owner;
4. The facts upon which the declaration of dangerous dog is based;
5. The restrictions placed upon the dog as a result of the declaration;
6. The availability of a hearing in the event the owner or keeper objects to the declaration, if a request is made within five business days;
7. The penalties for violation of the restrictions, including the possibility of destruction of the animal, and imprisonment or fining of the owner.
E. If the owner of the animal wishes to object to the declaration of dangerous dog:
1. The owner may, within five business days of receipt of the declaration, or within five business days of the publication of the declaration pursuant to subsection (C)(3) of this section, request a hearing before the municipal court by submitting a written request to the clerk of the court.
2. If the court finds that there is insufficient evidence to support the declaration, it shall be rescinded, and the restrictions imposed thereby annulled.
3. If the court finds sufficient evidence to support the declaration, it shall impose court costs on the appellant, and may impose additional restrictions on the animal.
4. In the event the court finds that the animal is not a dangerous dog, no court costs shall be assessed against Sedro-Woolley or the animal control authority.
F. Following service of a declaration of dangerous dog, and pending appeals under this section or to any other court with jurisdiction, the animal control authority may, if circumstances require, impound the animal at the owner’s expense, pursuant to the provisions of this chapter, until a court orders either its redemption or destruction.
G. The owner of a dangerous dog shall obtain a certificate of registration for such dog from the animal control authority, and shall be required to pay the fee for such registration in the amount set forth herein, or as hereafter amended. In addition, the owner of a dangerous dog shall pay an annual renewal fee for such registration in the amount set forth herein, or as hereafter amended.
H. The registration fee for each dangerous dog to be registered under this section is listed in the master fee schedule adopted by resolution of the city council. The annual renewal fee for each dangerous dog registered under this section is listed in the master fee schedule adopted by resolution of the city council. (Ord. 2013-22 § 15, 2022; Ord. 1824-15 § 3 (part), 2015)
6.16.050 Dangerous dogs—Restraint requirements.
A. Following a declaration of dangerous dog and pending any appeal of that declaration, the owner must:
1. Conspicuously display a sign with a warning symbol on any premises where the dog is kept that informs children of the presence of a dangerous dog; and
2. Ensure the dog is securely confined indoors, or inside a locked pen or structure, suitable to prevent the entry of young children and designed to prevent the dog from escaping, with secure sides and a secure top, that also provides protection from the elements for the dog; and
3. Whenever not confined, ensure the dog is securely muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person, eighteen years of age or older, and physically able to restrain and control the dog. 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; and
4. Ensure the dog has a microchip implant for permanent identification; and
5. Maintain either:
a. 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 two hundred fifty thousand dollars, payable to any person injured by the dangerous dog; or
b. 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 two hundred fifty thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous dog. (Ord. 1824-15 § 3 (part), 2015)
6.16.060 Penalties.
A. A violation of Section 6.16.020(A) or 6.16.040(A), failure to register or renew, is a civil infraction; however, no such civil infraction may be assessed until five business days have elapsed from the date such owner is notified by the animal control authority that such a registration or renewal is required.
1. For a potentially dangerous dog, the civil infraction carries the penalty listed in the master fee schedule adopted by resolution of the city council.
2. For a dangerous dog, the civil infraction carries the penalty listed in the master fee schedule adopted by resolution of the city council.
B. Failure to comply with Section 6.16.030, the restraint requirements for a potentially dangerous dog, is a misdemeanor.
C. Failure to comply with Section 6.16.050, the restraint requirements for a dangerous dog, is a gross misdemeanor. (Ord. 2013-22 § 16, 2022; Ord. 1824-15 § 3 (part), 2015)
6.16.070 Enforcement.
A. All civil penalties required to be paid by owners for violations of the provisions of this chapter shall be made to the city of Sedro-Woolley finance department.
B. The animal control authority may impound:
1. A potentially dangerous or dangerous dog for which the owner has not obtained a certificate of registration; or
2. A potentially dangerous or dangerous dog that is not in compliance with the restraint restrictions of Section 6.16.030 or 6.16.050.
C. The animal control authority may impound, quarantine for the proper length of time, and thereafter destroy in an expeditious and humane manner:
1. A previously declared dangerous dog that bites a person or a domestic animal; or
2. A dog that aggressively attacks and causes severe injury or death of a human, regardless of whether there has been any previous determination of whether such dog is potentially dangerous or dangerous.
D. The animal control authority may assess a civil penalty in the amount listed in the master fee schedule adopted by resolution of the city council, plus the amount listed in the master fee schedule for each day a potentially dangerous or dangerous dog is impounded, plus actual costs for any necessary additional care.
E. The animal control authority may destroy, in an expeditious and humane manner, a potentially dangerous or dangerous dog when the right to appeal has been exhausted or waived and the dog remains impounded for twenty days or more due to the failure of the owner to obtain the certificate of registration or pay civil penalties. The animal control authority may assess an additional civil penalty in the amount listed in the master fee schedule adopted by resolution of the city council for the cost of destroying any such dog.
F. No potentially dangerous dog or dangerous dog impounded by the animal control authority may be returned to any owner until such owner has paid all civil penalties assessed against such owner under this chapter.
G. Sedro-Woolley shall have the authority to place a lien upon the real property of any owner of a dangerous dog or potentially dangerous dog against whom a civil penalty has been assessed under this chapter, who has been given notice of such civil penalty and has failed to pay such civil penalty; provided, however, that no such lien shall be placed until thirty days has elapsed from the date of any final determination of the validity of such civil penalty. (Ord. 2013-22 § 17, 2022; Ord. 1824-15 § 3 (part), 2015)
6.16.080 Hearings.
A. Any owner against whom a civil penalty has been assessed under this chapter may contest such civil penalty by requesting a hearing in the Sedro-Woolley municipal court within five business days of notification of such civil penalty by the animal control authority.
B. Where an owner has requested a hearing pursuant to subsection A of this section, no potentially dangerous dog or dangerous dog which is in the possession of the animal control authority shall be destroyed until the resolution of such hearing; provided, however, that an additional civil penalty in the amount listed in the master fee schedule adopted by resolution of the city council per day shall be assessed against any owner whose dog remains in the custody of the animal control authority during any hearings requested under this section where the resolution of such hearing is that all or any part of the civil penalty against such owner is found to be properly assessed.
C. Following resolution of any contested hearing regarding a civil penalty as provided herein, the owner of any dangerous dog or potentially dangerous dog in the possession of the animal control authority shall pay all civil penalties which may have been assessed as authorized above within ten days of the final resolution of any hearing regarding such civil penalties.
D. Any dangerous dog or potentially dangerous dog which has not been picked up from the animal control authority by its owner within ten days of the final resolution of any hearing regarding any civil penalties under this section shall be destroyed in an expeditious and humane manner; provided, however, that an additional civil penalty in the amount listed in the master fee schedule adopted by resolution of the city council for the cost of destroying such dog shall be assessed against the owner, and may be collected as provided in Section 6.16.070. (Ord. 2013-22 § 18, 2022; Ord. 1824-15 § 3 (part), 2015)
6.16.090 Liability limitations.
Sedro-Woolley, the animal control authority and any animal control officer shall be immune from any and all civil liability for any actions taken pursuant to this chapter or for any 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 Sedro-Woolley or its agents any special duties or relationships with specific individuals. This chapter has been enacted for the welfare of the public as a whole. (Ord. 1824-15 § 3 (part), 2015)
6.16.100 Exemption.
The provisions of this chapter shall not apply to any dog kept by any law enforcement agency for law enforcement purposes. (Ord. 1824-15 § 3 (part), 2015)