Chapter 7.30 ANIMAL REGULATIONS

Chapter 7.30
ANIMAL REGULATIONS

Sections:

7.30.010 Animal control regulations.

7.30.020 Copy to be available.

7.30.030 Repealed.

7.30.035 Declaration of dangerous dog determination – Appeals relating thereto.

7.30.040 Declaration of potentially dangerous dog determination – Appeals relating thereto.

7.30.045 Registration of dangerous dogs – Requirements – Annual fee.

7.30.010 Animal control regulations.

A. Pursuant to RCW 35A.11.020 and 35A.12.140, the City of Spokane Valley adopts by reference Chapter 5.04, entitled “Dogs and Cats,” and Chapter 5.12, entitled “Inherently Dangerous Mammals/Reptiles,” of the Spokane County Code as now in effect and as subsequently amended as the animal control regulations for the City of Spokane Valley, except as specifically set forth in SVMC 7.30.035 relating to appeals of decisions of whether a dog is dangerous, and except as specifically set forth in SVMC 7.30.040 relating to appeals of decisions of whether a dog is potentially dangerous, and except as specifically set forth in SVMC 7.30.045 relating to registration of dangerous dogs, and repealing the City’s adoption of Spokane County Code Sections 5.04.032, 5.04.033 and 5.04.035; any reference to “Spokane County” in Chapters 5.04 and 5.12 of the Spokane County Code shall be construed to refer to the City of Spokane Valley.

B. Pursuant to RCW 35A.11.020 and 35A.12.140, the City of Spokane Valley adopts by reference Section 5.04.030 of the Spokane County Code, entitled “Cat License – Required,” as now in effect and subsequently amended. Any reference to “Spokane County” shall be construed to refer to Spokane Valley. (Ord. 15-001 § 1, 2015; Ord. 12-005 § 2, 2012; Ord. 07-003 § 2, 2007; Ord. 56-A1 § 1, 2003; Ord. 56 § 1, 2003).

7.30.020 Copy to be available.

One copy of Chapters 5.04 and 5.12 of the Spokane County Code shall be available in the office of the city clerk for use, inspection and copying by the public. (Ord. 15-001 § 2, 2015; Ord. 56 § 3, 2003).

7.30.030 Reference to hearing bodies.

Repealed by Ord. 07-003. (Ord. 56 § 4, 2003).

7.30.035 Declaration of dangerous dog determination – Appeals relating thereto.

A. When the animal control director or designee has sufficient information to determine that a dog is dangerous pursuant to Spokane County Code Section 5.04.020, the animal control director or designee shall make a preliminary declaration that the dog is dangerous.

In the event a preliminary determination is made that the dog is dangerous, animal control shall notify the dog owner or keeper in writing, either by personal delivery, or by regular mail and certified mail, return receipt requested.

Any notice or determination mailed pursuant to this section shall be deemed received by the party to which it is addressed on the third day after it is placed in the mail, as set forth by declaration of the sender.

B. The notice shall state:

1. The statutory basis for the proposed action;

2. A description of the dog for which the declaration is sought (breed, color, sex and license number, if any);

3. The reasons the animal control director or designee considers the animal dangerous;

4. If the dog has been determined to be dangerous, then the controls stated in SVMC 7.30.045 shall apply; and

5. An explanation of the owner’s or keeper’s rights and the proper procedure for appealing a declaration that a dog is dangerous, including an appeal form.

C. Administrative Review After Preliminary Administrative Determination.

1. Preliminary Determination of Dangerous Dog. Prior to the animal control director or designee issuing a final determination that a dog is dangerous, the animal control director or designee shall notify the owner or keeper in writing that he or she is entitled to an opportunity to meet with the animal control director or designee, at which administrative review meeting the owner or keeper may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous. The notice shall state the date, time, and location of the administrative review meeting, which shall occur prior to the expiration of 15 calendar days following receipt of the notice. The owner or keeper may propose an alternative meeting date and time, but such administrative review meeting shall occur within the 15-day time period set forth in this section, and shall be on a date and time acceptable to the animal control director or designee.

2. After such administrative review meeting, the animal control director or designee shall issue a final determination, in the form of a written order, within 15 calendar days of the administrative review meeting. In the event the animal control director or designee declares a dog to be dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the person who made the determination.

3. An order declaring a dog dangerous shall be delivered to the dog owner or keeper in writing either by personal delivery, or by regular mail and certified mail, return receipt requested.

D. Any dog that is declared dangerous by the animal control director or designee, whether preliminary or final, shall be immediately impounded until the owner or keeper registers the dog as dangerous pursuant to SVMC 7.30.045. The owner or keeper shall have 15 days from the date the dog was declared dangerous to register the dog or appeal the determination pursuant to subsection F of this section. If the owner or keeper fails to register the dog or appeal the determination, the dog shall be euthanized at the direction of the animal control director or designee. If the owner or keeper appeals the dangerous dog declaration, pursuant to subsection F of this section, pending the outcome of the appeal, the dog shall be held at the shelter at the owner’s expense at a rate established by the animal control authority.

E. The owner or keeper of a dog subject to a declaration that their dog is dangerous may appeal the final written determination to the hearing examiner within 15 days after issuance of the decision by filing a notice of appeal with the animal control authority. The hearing examiner may adopt appropriate hearing procedures where procedures are not otherwise provided herein. The hearing shall be held within 20 days after receipt of the notice of appeal, unless it is continued for good cause shown. The animal control director or designee shall notify the owner or keeper in writing of the date, time and location of the appeal hearing before the hearing examiner, and said notice shall be received at least five days before the hearing. The appeal hearing shall be recorded, and the hearing examiner may allow testimony and documents that are relevant to the administrative determination that the dog is dangerous. The owner or keeper of the dog may require, by at least two days’ written notice, for the officer compiling the record to be present at the hearing. The owner or keeper of the dog may present evidence and examine witnesses present. The burden shall be on the animal control director to establish by a preponderance of the evidence that the dog is a dangerous dog.

F. The hearing examiner shall issue a written decision, and mail a copy of the decision to the dog owner or keeper, and to the animal control director or designee, within 15 days of the appeal hearing. The hearing examiner’s decision shall accept, reject or modify the administrative determination that a dog is dangerous, and shall include findings of fact and conclusions of law that support the decision. The hearing examiner may modify the determination that a dog is dangerous to a determination that the dog is potentially dangerous, if the facts warrant, and impose any of the requirements pursuant to SVMC 7.30.040(D). The decision shall be given the effect of a final decision by the city council, and shall state that the decision may be appealed to superior court pursuant to Chapter 7.16 RCW within 20 days from the date the decision was received. If the decision upholds the administrative determination that a dog is dangerous, and the dog owner or keeper fails to timely register the dog or appeal the decision to superior court, the dog will be euthanized at the direction of the animal control director or designee. If the dog owner or keeper timely appeals the dangerous dog declaration, the dog shall be registered provisionally pursuant to SVMC 7.30.045(G) or, pending the outcome of the appeal, the dog will be held at the shelter at the owner’s expense, at a rate established by the animal control authority.

G. A dangerous dog’s owner or keeper who violates any condition imposed under this section shall be guilty of a gross misdemeanor. (Ord. 15-001 § 3, 2015; Ord. 13-005 § 1, 2013; Ord. 08-001 § 2, 2008; Ord. 07-003 § 4, 2007).

7.30.040 Declaration of potentially dangerous dog determination – Appeals relating thereto.

A. When the animal control director or designee has sufficient information to determine that a dog is potentially dangerous pursuant to Spokane County Code Section 5.04.020, the animal control director or designee shall make a preliminary declaration that the dog is potentially dangerous. In the event a preliminary determination is made that the dog is potentially dangerous, animal control shall notify the dog owner or keeper in writing, either by personal delivery, or by regular mail. Any notice or determination mailed pursuant to this section shall be deemed received by the party to which it is addressed on the third day after it is placed in the mail, as set forth by declaration of the sender.

B. The notice shall state:

1. The statutory basis for the proposed action;

2. A description of the dog for which the declaration is sought (breed, color, sex and license number, if any);

3. The reasons the animal control director or designee considers the animal potentially dangerous;

4. A statement that the registration and controls pursuant to subsection D of this section may apply;

5. An explanation of the owner’s or keeper’s opportunity and right, pursuant to subsection (C)(1) of this section, to participate in an administrative review with the animal control director or designee to present information on why the dog should not be declared potentially dangerous;

6. A statement, pursuant to subsection (C)(2) of this section, that a failure by the dog owner or keeper to request and attend an administrative review with the animal control director or designee shall constitute a failure to exhaust all administrative remedies, and that such failure to exhaust all administrative remedies shall preclude any appeal of the administrative determination to the hearing examiner or to court; and

7. An explanation of the owner’s or keeper’s rights and the proper procedure for appealing a declaration that a dog is potentially dangerous, including an appeal form.

C. Administrative Review After Preliminary Administrative Determination.

1. Preliminary Determination of Potentially Dangerous Dog. Prior to the animal control director or designee issuing a final determination that a dog is potentially dangerous, the animal control director or designee shall notify the owner or keeper in writing that he or she may request in writing to meet with the animal control director or designee for an administrative review meeting within 15 calendar days following receipt of the notice, at which administrative review meeting the owner or keeper may give, orally or in writing, any reasons or information as to why the dog should not be declared potentially dangerous. Once an administrative review meeting is requested in writing by the owner or keeper, the animal control director or designee shall provide written notice to the owner or keeper of the date, time and place of the administrative review meeting. Administrative review meetings may be conducted telephonically.

2. A failure by the dog owner or keeper to request and attend an administrative review meeting with the animal control director or designee shall constitute a failure to exhaust all administrative remedies, and such failure to exhaust all administrative remedies shall preclude any appeal of the administrative determination to the hearing examiner or to court.

3. After such administrative review meeting, the animal control director or designee shall issue a final determination, in the form of a written order, within 15 calendar days of the administrative review meeting. In the event the animal control director or designee declares a dog to be potentially dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the person who made the determination.

4. An order determining a dog is potentially dangerous shall be delivered to the dog owner or keeper in writing, either by personal delivery or by regular mail.

D. The owner or keeper of a dog determined to be potentially dangerous pursuant to this section shall comply with certain requirements, which may include, but are not limited to, the following:

1. Erection of new or additional fencing to keep the dog within the owner’s or keeper’s property;

2. Construction of a dog run consistent with the size of the dog within which the dog must be kept;

3. Microchip identification, pursuant to Spokane County Code Section 5.04.036;

4. Keeping the dog on a leash adequate to control the dog or securely fastened to a secure object when left unattended;

5. Keeping the dog indoors at all times, except when on a leash adequate to control the dog and under the actual physical control of a competent person at least 15 years of age; and

6. The posting of the premises with at least one clearly visible warning sign that there is a potentially dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a potentially dangerous dog.

E. The owner or keeper of a dog subject to a declaration that their dog is potentially dangerous may appeal the final written determination to the hearing examiner within 15 days after issuance of the decision by filing a notice of appeal with the animal control authority, subject to the limitation pursuant to subsection C of this section. The hearing examiner may adopt appropriate hearing procedures where procedures are not otherwise provided herein. The hearing shall be held within 20 days after receipt of the notice of appeal, unless it is continued for good cause shown. The animal control director or designee shall notify the owner or keeper in writing of the date, time and location of the appeal hearing before the hearing examiner, and said notice shall be received at least five days before the hearing. The appeal hearing shall be recorded, and the hearing examiner may allow testimony and documents that are relevant to the administrative determination that the dog is potentially dangerous. The owner or keeper of the dog may require, by at least two days’ written notice, for the officer compiling the record to be present at the hearing. The owner or keeper of the dog may present evidence and examine witnesses present. The burden shall be on the Spokane County animal control director to establish by a preponderance of the evidence that the dog is a potentially dangerous dog.

G. A potentially dangerous dog’s owner or keeper who violates any of the conditions imposed under this section shall be guilty of a misdemeanor. (Ord. 15-001 § 4, 2015; Ord. 13-005 § 2, 2013; Ord. 08-001 § 3, 2008; Ord. 07-003 § 5, 2007).

7.30.045 Registration of dangerous dogs – Requirements – Annual fee.

A. The owner or keeper of a dangerous dog shall obtain a certificate of registration for such animal from Spokane County animal control within 15 days of a declaration of dangerous dog or within 15 days of the appeal decision if appealed pursuant to SVMC 7.30.035. No dangerous dog shall be returned by Spokane County animal control to anyone prior to the issuance of the certificate of registration. The certificate of registration shall be issued only if the owner or keeper of the dangerous dog presents sufficient proof at the discretion of the animal control director of some or all of the following:

1. A proper enclosure to confine a dangerous dog and posting of the premises with a clearly visible 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 of the presence of a dangerous dog;

2. A surety bond pursuant to RCW 16.08.080 as adopted or amended, issued by a surety insurer pursuant to Chapter 48.28 RCW in a form acceptable to Spokane County animal control in the sum of at least $250,000, payable to any person injured by the dangerous dog, regardless of whether the injury occurs on or off the owner’s or keeper’s premises. Said surety bond shall provide for prior written notification to Spokane County animal control of cancellation or material change; or

A policy of liability insurance pursuant to RCW 16.08.080 as adopted or amended, such as homeowner’s insurance, issued by an insurer pursuant to RCW Title 48 in the amount of at least $250,000, with a maximum $500.00 deductible, insuring the owner or keeper for any personal injuries inflicted by the dangerous dog regardless of whether the injury occurs on or off the owner’s or keeper’s premises. Said policy of liability insurance shall provide for prior written notification to Spokane County animal control of cancellation or material change, payable to any person for personal injuries;

Prior to the issuance of a certificate of registration, the owner or keeper of a dangerous dog shall also furnish to Spokane County animal control a complete copy of the surety bond or policy of liability insurance specified in this subsection (A)(2), and shall allow Spokane County animal control a reasonable time to review the bond or policy to determine whether the liability coverage is sufficient;

3. A muzzle and leash for the dangerous dog which has been approved by Spokane County animal control;

4. Keeping the dog indoors at all times, except when on a leash approved by Spokane County animal control, and under the actual physical control of the owner or keeper or a competent person at least 15 years of age;

5. Keeping the dog muzzled in a manner that will not cause injury to the dog or interfere with its vision or respiration, but will prevent it from biting any person or animal when outside a proper enclosure;

6. A microchip implant injected for identification purposes pursuant to Spokane County Code Section 5.04.036; and

7. The dangerous dog shall be spayed/neutered at the owner’s expense to complete the registration. If the dangerous dog has previously been spayed/neutered, the owner or keeper of the dangerous dog shall provide sufficient proof of such spaying/neutering promptly to Spokane County animal control. Any impounded dangerous dog may be transported by Spokane County animal control to a veterinarian for spaying/neutering as part of the registration process.

B. In addition to the regular dog licensing fees pursuant to Spokane County Code Section 5.04.030, the owner or keeper of a dangerous dog shall pay an annual registration fee in the amount of $100.00. The registration shall be valid for 12 months. Dangerous dog registration shall be renewed every 12 months. A reinspection of the facility is required prior to renewal. Prior to re-registration, the owner or keeper shall also provide Spokane County animal control proof of proper insurance or a surety bond pursuant to subsection A of this section.

C. This section shall not apply to police dogs as defined in RCW 4.24.410.

D. The owner or keeper of a dangerous dog shall notify Spokane County animal control, in writing, if the dog is deceased, if the dangerous dog is to be relocated, or if there is a change in ownership. In the event of a change of ownership and/or relocation of the dangerous dog, the owner or keeper shall provide Spokane County animal control with at least 10 days’ prior written notice that includes the complete address and phone number of the new owner or keeper prior to the change of ownership and/or relocation of the dangerous dog. The owner or keeper of the dangerous dog shall also notify any subsequent owner or keeper of the dog’s designation as a dangerous dog. If change of ownership and/or relocation of a dangerous dog is within Spokane County, all conditions imposed pursuant to this section shall be in place for the new owner and at the new location prior to such change.

E. Dogs deemed dangerous by other jurisdictions in the state of Washington shall be subject to the same regulations as if they have been deemed dangerous in Spokane County. Dogs deemed dangerous by jurisdictions outside of the state of Washington, whose owner or keeper seeks to relocate to the city, shall present such dog for evaluation by the Spokane County animal control director or designee, who may, on an individual basis, declare the animal dangerous pursuant to Spokane County Code Section 5.04.020(9). Dogs meeting the requirements of a dangerous dog pursuant to Spokane County Code Section 5.04.020(9) shall be registered as such, and are subject to all other restrictions imposed pursuant to this section.

F. An owner or keeper of a dog previously deemed dangerous by Spokane County animal control and subsequently relocated outside Spokane County shall register the dog pursuant to this section prior to bringing the dog into the City. Such dogs are prohibited from re-entering the City without prior written consent from Spokane County animal control and/or full re-registration.

G. Notwithstanding any other provision in this section, the animal control director may issue a provisional registration certificate under the following circumstances:

1. The dangerous dog declaration has been appealed pursuant to SVMC 7.30.035, provided all conditions pursuant to this section have been met, with the exception of subsection (A)(7) of this section requiring spay/neuter; or

2. The owner is relocating the dangerous dog outside Spokane County and all conditions pursuant to this section have been met, with the exception of subsection (A)(2) of this section requiring surety bond or liability insurance.

A provisional permit issued pursuant to subsection (G)(1) of this section shall expire 15 days following the appeal decision. A provisional permit issued pursuant to subsection (G)(2) of this section shall be valid for the sole purpose of immediate transport and relocation of the dangerous dog from the shelter to a location outside Spokane County.

H. A dangerous dog’s owner or keeper who violates any conditions imposed pursuant to this section shall be guilty of a gross misdemeanor. (Ord. 15-001 § 5, 2015; Ord. 13-005 § 3, 2013; Ord. 07-003 § 6, 2007).