Chapter 7.06
DANGEROUS DOGS
Sections:
7.06.010 Declaration of potentially dangerous or dangerous dogs.
7.06.020 Registration of potentially dangerous and dangerous dogs.
7.06.025 Restraint requirements for potentially dangerous and dangerous dogs.
7.06.070 Disclaimer of liability.
7.06.001 Definitions.
(1) “Dangerous dog” means any dog that:
(a) Inflicts severe injury on a human without provocation on public or private property; or
(b) Kills a domestic animal or livestock without provocation while off the owner’s property; or
(c) Has been previously found to be potentially dangerous, the owner having received notice of such, and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals, or bites domestic animals; or
(d) Has been previously declared a dangerous dog in any other county, state, or foreign country.
(2) “Potentially dangerous dog” means:
(a) Any dog that when unprovoked:
(i) Bites a human on public or private property; or
(ii) Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; or
(iii) Bites a domestic animal or livestock, excluding poultry, while off the owner’s property; or
(b) Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of humans or domestic animals or big game animals; or
(c) Any dog that chases or approaches a person upon private property other than the owner’s in a menacing fashion or apparent attitude of attack; or
(d) Any dog that has been previously declared a potentially dangerous dog in any other county, state, or foreign country.
(3) “Domestic animal” means a dog or cat kept as a pet.
(4) “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. (Ord. O20140001 § 2 (Att. 1)(part); Ord. O20120007 § 1 (Att. A) (part))
7.06.010 Declaration of potentially dangerous or dangerous dogs.
(1) The Animal Control Authority or Animal Control Officer may issue a notice of intent to declare a dog potentially dangerous or dangerous if there is probable cause to believe that the dog falls within the above definitions. The notice of intent must be based on:
(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;
(b) Dog bite reports filed with the Animal Control Authority as required by law;
(c) Actions of the dog witnessed by any Animal Control Officer or law enforcement officer; or
(d) Other substantial evidence, including hearsay if it is of a nature that a reasonable and prudent person would rely upon.
(2) Service.
(a) Notices and orders issued pursuant to this Section must be in writing and served on the owner in one of the following methods:
(i) Certified mail, with return receipt requested, and ordinary first class mail to the owner’s or keeper’s last known address; or
(ii) Personally; or
(iii) If the owner cannot be located by one of the first two methods, by publication in a newspaper of general circulation.
(b) Service is effective on the date the notice is received; or, in the case of certified mail, three days after the notice is mailed; or, in the case of service by publication, 15 days after publication.
(c) The owner of any dog found to be a potentially dangerous or dangerous dog under this Chapter shall be assessed all service costs expended under this Subsection.
(3) The notice of intent to declare a dog potentially dangerous or dangerous must include:
(a) A description of the animal;
(b) The name and address of the owner or keeper 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 is based;
(e) The restrictions placed on the animal as a result of the declaration;
(f) A reference to the penalties for violation of the restrictions, including the possibility of destruction of the animal, and imprisonment or fining of the owner; and
(g) A statement that the owner is entitled to an opportunity to meet with the Sheriff to give any reasons or information as to why the dog should not be declared potentially dangerous or dangerous and the date, time, and place of the meeting, and that the owner may propose an alternative meeting date and time, but that such meeting must occur within 15 days of the date the notice was served.
(4) Meeting with Sheriff.
(a) If the owner does not attend the scheduled meeting with the Sheriff, the Sheriff may issue an order finding that the dog is potentially dangerous or dangerous.
(b) If the owner attends the scheduled meeting with the Sheriff, the owner may offer, orally or in writing, any reason or information as to why the dog should not be found potentially dangerous or dangerous.
(c) After review of the record and the owner’s reasons and information, the Sheriff must determine whether a preponderance of the evidence weighs in favor of finding the dog potentially dangerous or dangerous.
(d) If the Sheriff determines that the dog is potentially dangerous or dangerous, the Sheriff must issue a declaration that includes:
(i) A recital of the authority for the declaration;
(ii) A concise statement of the facts that support the determination; and
(iii) The signature of the person who made the determination.
(e) The Sheriff’s determination is final and may be appealed to Skagit County District Court, which will review the record made at the meeting to determine whether the declaration is supported by a preponderance of the evidence. Any such appeal must be filed within 20 days of service of the order. Upon notice that an appeal has been filed, the Animal Control Authority must file a certified copy of the record from any such meeting with the District Court. A recording of the meeting will be made available to the person appealing the ruling, who will have the responsibility of transcribing the meeting for the appeal.
(5) The Animal Control Authority may impound the dog found to be potentially dangerous or dangerous if circumstances require. If the final determination is upheld, the owner must pay impound costs consistent with SCC 7.06.040. (Ord. O20120007 § 1 (Att. A) (part): Ord. R20020080 (part))
7.06.020 Registration of potentially dangerous and dangerous dogs.
(1) It is unlawful for an owner of a potentially dangerous or dangerous dog to:
(a) Keep, own, or maintain such a dog in Skagit County without a current certificate of registration issued by the Animal Control Authority;
(b) Move such a dog within or from Skagit County without a certificate of registration and the consent of the Animal Control Authority. The Animal Control Authority must be informed as to the residence of any such dog at all times.
(2) The Animal Control Authority may not issue a certificate of registration to the owner of a dangerous dog unless the owner presents to the Animal Control Authority sufficient evidence of:
(a) A warning sign as required by SCC 7.06.025; and
(b) A secure enclosure consistent with that required by SCC 7.06.025(2)(b), or a declaration that, while on the owner’s property, the owner will keep the dangerous dog securely confined indoors; and
(c) Microchipping as required by SCC 7.06.025(2)(e);
(d) Compliance with the insurance requirement of SCC 7.06.025(2)(f).
(3) The registration fees are set as follows:
(a) For each potentially dangerous dog, the initial registration fee is $100, and the annual renewal fee is $50.
(b) For each dangerous dog, the initial registration fee is $200, and the annual renewal fee is $100.
(4) If a potentially dangerous or dangerous dog is destroyed or dies other than pursuant to SCC 7.06.040, the owner must present sufficient evidence of that fact to the Animal Control Authority. If a potentially dangerous or dangerous dog is sold, given away, or otherwise disposed of, the owner must present verification of the dog’s new location to the Animal Control Authority. (Ord. O20120007 § 1 (Att. A) (part): Ord. R20020080 (part))
7.06.025 Restraint requirements for potentially dangerous and dangerous dogs.
(1) An owner of a potentially dangerous dog must:
(a) Conspicuously display a sign with a warning symbol on any premises where the dog is kept that informs children of the presence of a potentially dangerous dog;
(b) While on the owner’s property, ensure the dog is restrained by chain, leash, or other confinement suitable to prevent the animal from leaving the owner’s property;
(c) While off the owner’s property, ensure the dog is under physical restraint by the owner or other responsible person;
(d) Ensure the dog wears a bright orange collar bearing the warning “potentially dangerous dog”; and
(e) Ensure the dog has a microchip implant for permanent identification.
(2) An owner of a dangerous dog must:
(a) 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;
(b) 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 animal from escaping, with secure sides and a secure top, that also provides protection from the elements for the dog;
(c) Whenever not confined, ensure the dog is securely muzzled, on a leash that is not longer than six feet in length, and under the control of a person 15 years of age or older who is physically able to control the dog;
(d) Ensure the dog wears a bright orange collar bearing the warning “dangerous dog”;
(e) Ensure the dog has a microchip implant for permanent identification; and
(f) Maintain either:
(i) A surety bond issued by a surety insurer qualified under RCW Chapter 48.28 in a form acceptable to the Animal Control Authority in the sum of at least $250,000, payable to any person injured by the dangerous dog; or
(ii) 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 $250,000, insuring the owner for any personal injuries inflicted by the dangerous dog. (Ord. O20120007 § 1 (Att. A) (part))
7.06.030 Penalties.
(1) A violation of SCC 7.06.020(1) is a civil infraction; provided, however, that no such civil infraction may be assessed until five days have elapsed from the date such owner is notified by the Animal Control Authority that such a registration or renewal is required.
(a) For a potentially dangerous dog, the civil infraction carries a penalty of $125.
(b) For a dangerous dog, the civil infraction carries a penalty of $250.
(2) Failure to comply with the requirements of SCC 7.06.025 is a misdemeanor for a potentially dangerous dog, and a gross misdemeanor for a dangerous dog. (Ord. O20120007 § 1 (Att. A) (part): Ord. R20020080 (part))
7.06.040 Enforcement.
(1) All civil penalties required to be paid for violations of this Chapter must be made to the Animal Control Authority.
(2) The Animal Control Authority may impound:
(a) A potentially dangerous or dangerous dog for which the owner has not obtained a certificate of registration; or
(b) A potentially dangerous or dangerous dog that is not in compliance with SCC 7.06.025.
(3) The Animal Control Authority may impound, quarantine for the proper length of time, and thereafter destroy in an expeditious and humane manner:
(a) A dangerous dog that bites a person or a domestic animal; or
(b) 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.
(4) The Animal Control Authority may assess a civil penalty in the amount of $150 plus $10 for each day a potentially dangerous or dangerous dog is impounded, plus actual costs for any necessary additional care.
(5) 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 20 days or more due to the failure of the owner to obtain a certificate of registration or pay civil penalties. The Animal Control Authority may assess an additional civil penalty in the amount of $250 for the cost of destroying any such dog.
(6) 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. (Ord. O20120007 § 1 (Att. A) (part): Ord. R20020080 (part))
7.06.070 Disclaimer of liability.
This Chapter has been enacted for the welfare of the public as a whole. Nothing contained in this Chapter is intended to be nor may be construed to create or form the basis of any liability on the part of the County, its officers, employees, or agents for any injury or damage resulting from the failure of anyone to comply with the provisions of this Chapter, or by reason or in consequence of the implementation or enforcement pursuant to this Chapter, or by reason of any action or inaction on the part of the County related in any manner to the enforcement of this Chapter by its officers, employees, or agents. (Ord. O20120007 § 1 (Att. A) (part): Ord. R20020080 (part))
7.06.080 Severability.
If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of the act where the application of the provision to other persons or circumstances is not affected. (Ord. O20120007 § 1 (Att. A) (part): Ord. R20020080 (part))