Chapter 7.06
POTENTIALLY DANGEROUS AND DANGEROUS DOGS
Sections:
7.06.010 Adopting state statute.
7.06.030 Potentially dangerous dogs.
7.06.035 Declaration of dangerous dog.
7.06.040 Dangerous dogs prohibited within the city of Shelton.
7.06.010 Adopting state statute.
Chapter 16.08 RCW of the animals and livestock law of the state of Washington (RCW Title 16) as now enacted or hereafter amended is hereby adopted by reference, as a part of the dangerous dog laws of the city of Shelton, with the exception of any provision constituting a felony and any provision in conflict with the city of Shelton dangerous dogs ordinance. Where this chapter is in conflict with Chapter 16.08 RCW, the Shelton Municipal Code shall govern. (Ord. 1983-0122 § 5, 2022; Ord. 1675-0206 § 1 (part), 2006: Ord. 1590-0403 § 1 (part), 2003)
7.06.020 Fees and costs.
An annual fee to register a potentially dangerous dog, in addition to a regular dog license fee, may be imposed by the city. In addition, any costs of confinement, control and/or destruction of the dog, if it has been determined to be “potentially dangerous” or “dangerous,” shall be the responsibility of the dog’s owner. Fees and costs may be set by the animal control authority as necessary to offset the city’s costs. (Ord. 1983-0122 § 5, 2022; Ord. 1675-0206 § 1 (part), 2006: Ord. 1590-0403 § 1 (part), 2003)
7.06.030 Potentially dangerous dogs.
A. The animal control authority may declare a dog potentially dangerous if there is probable cause to believe that a dog meets the definition of “potentially dangerous dog” as defined under RCW 16.08.070;
B. Upon determination that a dog is potentially dangerous, the animal control authority shall serve a potentially dangerous dog declaration upon the dog owner in person or by regular and certified mail, return receipt requested;
C. The potentially dangerous dog declaration shall contain:
1. A description of the animal;
2. The name and address of the owner if known;
3. The location of the animal;
4. A warning that states, “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 potentially dangerous or dangerous, shall, upon conviction, be guilty of a Class C felony”;
5. The statutory basis for the action;
6. The reasons the authority considers the animal potentially dangerous, including a reasonably specific description of how the animal inflicted bites on a human or domestic animal (including a dog or cat); chased or approached a person in a menacing fashion; or has a known disposition to attack unprovoked, cause injury, or otherwise threaten safety of humans or domestic animals;
7. A statement that the dog is prohibited within the city of Shelton if ultimately declared dangerous;
8. An explanation of the owner’s rights and proper procedure for appealing the “potentially dangerous dog” declaration; and
9. Restrictions imposed on the animal, such as a requirement for the animal to be securely enclosed on the owner’s property and securely leashed and muzzled outside the property; a surety bond and/or insurance; and/or warning signs; and
D. The owner of a dog declared “potentially dangerous” must have the dog properly microchipped by a licensed veterinarian of the owner’s choice, at the sole expense of the owner, within thirty calendar days of being declared a “potentially dangerous” dog;
E. The owner of a dog declared “potentially dangerous” must, within thirty-five calendar days of such declaration, show proof to the animal control authority that such dog has been properly microchipped. (Ord. 1983-0122 § 5, 2022; Ord. 1675-0206 § 1 (part), 2006: Ord. 1590-0403 § 1 (part), 2003)
7.06.035 Declaration of dangerous dog.
A. The animal control authority may declare a dog dangerous when there is probable cause to believe the dog meets the definition of RCW 16.08.070, as outlined in subsection (C)(6) of this section.
B. Upon determination that a dog is dangerous, the animal control authority shall serve a dangerous dog declaration upon the owner in person or by regular and certified mail, return receipt requested.
C. The dangerous dog declaration shall contain:
1. A description of the animal;
2. The name and address of the owner if known;
3. The location of the animal;
4. A warning that states, “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 potentially dangerous or dangerous, shall, upon conviction, be guilty of a Class C felony”;
5. The statutory basis for the action;
6. The reasons the authority considers the animal dangerous, including a reasonably specific description of how the dog inflicted severe injury on a human being without provocation on public or private property; killed a domestic animal, dog or cat without provocation while the dog was off the owner’s property; or was previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bit, attacked, or endangered the safety of humans;
7. A statement that the dog is prohibited within the city of Shelton if ultimately declared dangerous;
8. An explanation of the owner’s rights and proper procedure for appealing the “dangerous dog” declaration; and
9. Restrictions imposed on the animal, such as a requirement for the animal to be securely enclosed on the owner’s property and securely leashed and muzzled outside the property; a surety bond and/or insurance; and/or warning signs, while awaiting final determination of the dangerous dog designation. (Ord. 1983-0122 § 5, 2022)
7.06.040 Dangerous dogs prohibited within the city of Shelton.
A. Any dog that has been declared a “dangerous dog” as defined by RCW 16.08.070 is prohibited within the limits of the city of Shelton and may be impounded by the animal control authority.
B. In the event that a dog has been declared a “dangerous dog” under the Shelton Municipal Code and impounded by the animal control authority, the owner of such dog may, within ten business days, petition the municipal court for return of the dog upon proof sufficient to the court that the dog will not be kept within the city limits.
C. No sooner than eleven business days after a dog has been declared dangerous, when no appeal is pending to the municipal court to stay destruction and when no petition is pending before the court to authorize removal of the dog from the city, the animal control authority shall arrange for such dog to be euthanized by a licensed veterinarian. All costs of confinement and euthanasia may be charged to the owner. (Ord. 1983-0122 § 5, 2022; Ord. 1675-0206 § 1 (part), 2006. Formerly 7.06.035)
7.06.045 Appeal procedure.
A. The owner of any dog declared to be dangerous or potentially dangerous may request a hearing before the municipal court judge of the city of Shelton to challenge such a determination.
B. The request for a hearing shall state:
1. The name, address, and daytime telephone number of the owner;
2. The name, breed, age, and license number of the dog declared to be dangerous or potentially dangerous;
3. The date and/or case number of the declaration; and
4. A statement of why the determination should be rescinded or modified, and/or why the animal should be returned to the owner for permanent keeping outside the city limits.
C. The request for hearing shall be served on the municipal court and the animal control authority within ten business days of service of the declaration.
D. The determination of the animal control authority shall become final upon the expiration of ten business days from the date of service if no hearing is requested under this section.
E. The municipal court judge shall hear all requests for appeal of a declaration of dangerous dog or potentially dangerous dog.
1. A hearing shall be held within thirty days of the owner’s request for rescission of a dangerous or potentially dangerous dog declaration.
2. The animal control authority may submit reports and sworn complaints in lieu of live testimony at the hearing.
3. The municipal court judge may consider any competent evidence relevant to the declaration.
4. The municipal court judge shall determine if, by a preponderance of evidence, the dog has been shown to be dangerous or potentially dangerous. If the evidence fails to establish that the dog is as set out in the declaration, such declaration shall be rescinded, and the animal shall be returned to its owner.
5. The municipal court judge may impose conditions for return or continued possession of a dog, such as a requirement for the animal to be securely enclosed on the owner’s property and securely leashed and muzzled outside the property; a surety bond and/or insurance; and/or warning signs. (Ord. 1983-0122 § 5, 2022; Ord. 1675-0206 § 1 (part), 2006: Ord. 1590-0403 § 1 (part), 2003. Formerly 7.06.040)
7.06.050 Change of ownership.
An owner of a potentially dangerous or dangerous dog who sells or otherwise transfers ownership, custody or residence of the dog shall, within five business days, inform the animal control authority, in writing, of the name, address and telephone number of the new owner and the name and description of the dog and the dog’s registration number, if any. In addition, the owner shall notify the new owner, in writing, of the details of the dog’s record, terms and conditions of maintenance. The owner shall provide the animal control authority with a copy of such notification together with an acknowledgment by the new owner of his/her receipt of the original notification. (Ord. 1983-0122 § 5, 2022; Ord. 1675-0206 § 1 (part), 2006: Ord. 1590-0403 § 1 (part), 2003)