Chapter 6.09
DANGEROUS DOGS AND POTENTIALLY DANGEROUS DOGS
Sections:
6.09.010 Dangerous dog registration.
6.09.020 Dangerous dog restraint.
6.09.030 Dangerous dog confiscation.
6.09.060 Potentially dangerous dogs – Designation by notice.
6.09.070 Requirements for keeping potentially dangerous dogs.
6.09.080 Potentially dangerous dog confiscation.
6.09.090 Incorporation by reference.
6.09.010 Dangerous dog registration.
A. It is unlawful for an owner to have a dangerous dog in the city without a certificate of registration issued under this section. This section and Sections 6.09.020 and 6.09.030 of this code shall not apply to police dogs as defined in Section 4.24.410 of the Revised Code of Washington.
B. The animal control authority of the city shall issue a certificate of registration to the owner of such animal if the owner presents to the animal control unit sufficient evidence of:
1. A proper enclosure to confine a 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 of the presence of a dangerous dog;
2. a. A surety bond issued by a surety insurer qualified under Chapter 48.28 of the Revised Code of Washington 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 dog; or
b. A policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under Title 48 of the Revised Code of Washington in the amount of at least two hundred fifty thousand dollars, insuring the owner for any personal injuries inflicted by the dog;
3. Proof that a microchip has been implanted into the dog which allows for animal identification. The microchip shall be implanted in accordance with policy established by the animal control authority. The animal control authority and community animal shelter may establish fees for animal microchip implanting; and
4. Proof that the animal has been neutered.
C. In addition to all applicable licensing and other fees, an owner registering a dangerous dog shall pay an initial registration fee of one hundred dollars and an annual registration fee of fifty dollars. The initial fee shall be paid immediately upon registration of a dangerous dog, without proration, and the annual registration fee shall be paid annually at the time of licensing renewal for the animal.
D. The owner of a dangerous dog shall notify the animal control authority within seven days in the event of either change of owner, animal relocation, or death of the animal and provide such verification and other information required by the animal control authority.
E. The owner of a dangerous dog must annually renew registration under this section and meet its current requirements during each renewal period.
F. Registration under this section shall not excuse compliance with regular licensing requirements which additionally apply. (Ord. 2007-13 § 13, 2007: Ord. 2001-9 § 16 (part), 2001).
6.09.020 Dangerous dog restraint.
It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. 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. (Ord. 2001-9 § 16 (part), 2001).
6.09.030 Dangerous dog confiscation.
A. Any dangerous dog shall be immediately confiscated by an animal control officer if:
1. The dog is not validly registered under Section 6.09.010 of this code and Section 16.08.080 of the Revised Code of Washington;
2. The owner does not secure and maintain the surety bond or liability insurance coverage required under Section 6.09.010 of this code and Section 16.08.080 of the Revised Code of Washington;
3. The dog is not maintained in a proper enclosure;
4. The dog is outside of the dwelling of the owner, or outside of the proper enclosure, and not under physical restraint of the responsible person in the manner required by Section 6.09.010 of this code and Section 16.08.090 of the Revised Code of Washington;
5. The dog has not been implanted with a microchip identifier; or
6. The dog is unneutered.
The first time any dangerous dog is confiscated under this subsection, it shall be impounded until such time that any applicable quarantine period expires, the owner pays all applicable impound fees, and the owner presents to the animal control authority sufficient evidence of compliance with the provisions of this chapter and Chapter 16.08 of the Revised Code of Washington. Upon the first confiscation under this subsection, in the event that the owner fails, within ten days of the confiscation of the dangerous dog, to pay all applicable impound fees and present to the animal control authority sufficient evidence of compliance with the provisions of this chapter and Chapter 16.08 of the Revised Code of Washington, the animal may thereafter be destroyed in an expeditious and humane manner. Any dangerous dog confiscated under this subsection, other than the first time, shall be destroyed in an expeditious and humane manner following quarantine (if applicable), unless the owner presents clear and convincing evidence of good cause for noncompliance with this subsection. In the event that good cause is proven, the dog shall be impounded until such time that any applicable quarantine period expires, the owner pays all applicable impound fees, and the owner presents to the animal control authority sufficient evidence of compliance with the provisions of this chapter and Chapter 16.08 of the Revised Code of Washington. Upon any confiscation under this subsection, subsequent to the first time, in the event that the owner fails, within ten days of the confiscation of the dangerous dog, to present clear and convincing evidence of good cause for noncompliance with this subsection, pay all applicable impound fees and present to the animal control authority sufficient evidence of compliance with the provisions of this chapter and Chapter 16.08 of the Revised Code of Washington, the animal may thereafter be destroyed in an expeditious and humane manner.
B. If a dangerous dog of an owner with a prior conviction under this chapter or Chapter 16.08 of the Revised Code of Washington attacks or bites a person or another domestic animal, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner. (Ord. 2007-13 § 14, 2007: Ord. 2001-9 § 16 (part), 2001).
6.09.060 Potentially dangerous dogs – Designation by notice.
An animal control officer may declare a dog to be potentially dangerous by written notice to its owner that the dog is potentially dangerous. (Ord. 2007-13 § 15, 2007: Ord. 2001-9 § 16 (part), 2001).
6.09.070 Requirements for keeping potentially dangerous dogs.
A. It is unlawful for an owner to possess, harbor, keep, have an interest in, or have control or custody of, a potentially dangerous dog in the city, unless the owner possesses and provides proof of:
1. A proper enclosure to confine the potentially dangerous dog;
2. a. A surety bond issued by a surety insurer qualified under Chapter 48.28 of the Revised Code of Washington in a form acceptable to the animal control authority in the sum of at least one hundred thousand dollars, payable to any person injured by the dog; or
b. A policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under Title 48 of the Revised Code of Washington in the amount of at least one hundred thousand dollars, insuring the owner for any personal injuries inflicted by the dog;
3. That a microchip has been implanted into the dog which allows for animal identification. The microchip shall be implanted in accordance with the policy established by the animal control authority. The animal control authority and community animal shelter may establish fees for animal microchip implanting; and
4. That the animal has been neutered.
B. The owner of a potentially dangerous dog shall notify the animal control authority within seven days in the event of either change of owner, animal relocation, or death of the animal and provide such verification and other information required by the animal control authority.
C. Compliance with this section shall not excuse compliance with regular licensing requirements which additionally apply. (Ord. 2007-13 § 16, 2007: Ord. 2001-9 § 16 (part), 2001).
6.09.080 Potentially dangerous dog confiscation.
Any potentially dangerous dog shall be immediately confiscated by an animal control officer if:
A. The dog is not maintained in a proper enclosure;
B. The owner does not secure and maintain the surety bond or liability insurance coverage required under Section 6.09.070 of this code;
C. The dog is outside of the proper enclosure, and not under physical restraint of the responsible person;
D. The dog has not been implanted with a microchip identifier; or
E. The dog is unneutered.
The first time any potentially dangerous dog is confiscated under this section, it shall be impounded until such time that any applicable quarantine period expires, the owner pays all applicable impound fees, and the owner presents to the animal control authority sufficient evidence of compliance with the provisions of this chapter. Upon the first confiscation under this section, in the event that the owner fails, within ten days of the confiscation of the potentially dangerous dog, to pay all applicable impound fees and present to the animal control authority sufficient evidence of compliance with the provisions of this chapter, the animal may thereafter be destroyed in an expeditious and humane manner. Any potentially dangerous dog confiscated under this section, other than the first time, shall be destroyed in an expeditious and humane manner, following quarantine (if applicable), unless the owner presents clear and convincing evidence of good cause for noncompliance with this section. In the event that good cause is proven, the potentially dangerous dog shall be impounded until such time that any applicable quarantine period expires, the owner pays all applicable impound fees, and the owner presents to the animal control authority sufficient evidence of compliance with the provisions of this chapter. Upon any confiscation under this section, subsequent to the first time, in the event that the owner fails, within ten days of the confiscation of the potentially dangerous dog, to present clear and convincing evidence of good cause for noncompliance with this section, pay all applicable impound fees and present to the animal control authority sufficient evidence of compliance with the provisions of this chapter, the animal may thereafter be destroyed in an expeditious and humane manner. (Ord. 2007-13 § 17, 2007: Ord. 2001-9 § 16 (part), 2001).
6.09.090 Incorporation by reference.
Chapter 16.08 of the Revised Code of Washington is hereby adopted and incorporated by reference as an ordinance of the city to the extent that it is not inconsistent with the provisions of Title 6 of this code. In the event that the provisions of Title 6 of this code are more restrictive than Chapter 16.08 of the Revised Code of Washington, the provisions of this code shall prevail. (Ord. 2001-9 § 16 (part), 2001).
6.09.100 Penalties.
A. The owner of any dangerous dog shall be strictly liable for a gross misdemeanor punishable in accordance with Section 1.24.010 of this code if:
1. The dog is not validly registered under Section 6.09.010 of this code and Section 16.08.080 of the Revised Code of Washington;
2. The owner does not secure and maintain the surety bond or liability insurance coverage required under Section 6.09.010 of this code and Section 16.08.080 of the Revised Code of Washington;
3. The dog is not maintained in a proper enclosure;
4. The dog is outside of the dwelling of the owner, or outside of the proper enclosure, and not under physical restraint of the responsible person in the manner required by Section 6.09.010 of this code and Section 16.08.090 of the Revised Code of Washington;
5. The dog has not been implanted with a microchip identifier;
6. The dog is unneutered; or
7. The owner fails to notify the animal control authority within seven days in the event of either change of owner, relocation, or death of the animal or fails to provide such verification and other information required by the animal control authority.
B. The owner of any potentially dangerous dog shall be strictly liable for misdemeanor punishable in accordance with Section 1.24.010 of this code if:
1. The dog is not maintained in the proper enclosure;
2. The owner does not secure and maintain the surety bond or liability insurance coverage required under Section 6.09.070 of this code;
3. The dog is outside of the proper enclosure, and not under physical restraint of the responsible person;
4. The dog has not been implanted with a microchip identifier;
5. The dog is unneutered; or
6. The owner fails to notify the animal control authority within seven days in the event of either change of owner, relocation, or death of the animal or fails to provide such verification and other information required by the animal control authority. (Ord. 2007-13 § 18, 2007: Ord. 2001-9 § 16 (part), 2001).