Chapter 6.24
WILD OR VICIOUS ANIMALS AND REPTILES
Sections:
6.24.005 Wild, potentially dangerous or dangerous animal.
6.24.010 Wild, potentially dangerous or dangerous animals – Harboring prohibited – Exceptions.
6.24.020 Guard dogs – Permitted – Requirements – Recourse of bitten party.
6.24.030 Wild, potentially dangerous or dangerous animal – Permit required – Requirements.
6.24.050 Applicability of WRMC 6.24.030.
Prior legislation: Ords. 231 and 7-85.
6.24.005 Wild, potentially dangerous or dangerous animal.
A. Declaration, Impoundment and Notification. The animal control person has the authority to declare and impound a wild, potentially dangerous or dangerous animal and require such animal to have a permit in accordance with WRMC 6.24.030. The animal control person may declare and impound a wild, potentially dangerous or dangerous animal if he has probable cause to believe that the animal falls within the definitions set forth in WRMC 6.04.010 or 6.24.010. Upon declaration of the animal, the animal control person shall notify the owner of the declaration. Such notification shall be in writing, and served by the animal control person on the owner either personally or by certified mail. However, if the owner cannot be readily determined, service of notification of declaration shall be waived.
B. Objection to Declaration. If the owner of the animal wishes to object to the declaration of wild, potentially dangerous or dangerous animal, he may, within 10 days of receipt of the declaration, appeal that declaration by submitting the filing fee and a written request to the clerk of the court for a hearing before the Benton County district court. However, if the owner cannot be readily determined and notification is waived, the owner shall within 10 days from the time of declaration by the animal control officer file an appeal with Benton County district court.
C. District Court Hearing. If the court finds insufficient evidence to support the declaration, the declaration shall be rescinded and the restrictions imposed thereby annulled and the animal shall be returned to the owner. In the event the court finds that the animal is not a wild, potentially dangerous or dangerous animal, no court costs shall be assessed against the city or the animal control person. If the court finds sufficient evidence to support the declaration, it shall impose court costs on the appellant, restitution if applicable, and may impose additional restrictions on the animal.
D. Stay Pending Appeal. A timely filed written request for a hearing with the court shall stay the disposal of any impounded animal pending appeal. However, the animal shall remain impounded pending appeal. The owner of the animal shall be liable for the cost of daily care and necessary veterinarian care, and/or humane destruction of any animal pending appeal unless otherwise ordered by the court. Upon final disposition of appeal(s), if the court upholds the wild, potentially dangerous or dangerous animal declaration, then the owner has 10 days after the court’s order to obtain a permit in accordance with WRMC 6.24.030. Failure to obtain such a permit in a timely manner shall result in destruction of the animal in a humane manner. The owner of the animal shall be responsible for the cost associated with the destruction of the animal.
E. Redemption or Destruction of Animal. An animal impounded because it has been declared wild, potentially dangerous or dangerous may be returned to its owner if he/she obtains a permit in accordance with WRMC 6.24.030 within 10 days after declaration and notification as required by this section. If, however, the owner of the impounded animal under this section does not comply with WRMC 6.24.030 within 10 days after declaration and notification as required by this section, such animal shall be destroyed in an expeditious and humane manner. The owner of the animal shall be responsible for the cost associated with the destruction of the animal. For purposes of determining whether the 10 days have expired, the following methods shall be used:
1. If the owner is personally served by the animal control person, time begins when the owner was personally served; or
2. If the owner is mailed notice by certified and regular mail, time begins when the notice was mailed; or
3. If the owner of such animal could not be readily determined by the animal control person and notification is waived, time begins when the animal was impounded. [Ord. 45-13 § 1 (Att. A), 2013; Ord. 22-05 § 7, 2005].
6.24.010 Wild, potentially dangerous or dangerous animals – Harboring prohibited – Exceptions.
A. Except for dogs used by law enforcement officials for police work, it is unlawful for any person to keep, harbor or maintain on or off his premises any wild, potentially dangerous or dangerous animal without a permit.
B. It is unlawful for an owner of a wild, potentially dangerous or dangerous animal to permit it to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but prevent it from biting any person or animal.
C. Any wild, potentially dangerous or dangerous animal shall be immediately impounded by an animal control person if the:
1. Animal does not have a proper permit;
2. Owner does not secure the liability insurance coverage required under WRMC 6.24.030;
3. Animal is not maintained in the proper enclosure;
4. Animal is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of a responsible person as set forth in subsection B of this section.
D. Any animal in violation of this chapter may be subject to destruction by order of the Benton County district court.
E. Any violation of this section shall be deemed to be a gross misdemeanor and for each conviction there shall be assessed a fine not to exceed $5,000 or imprisonment for not more than one year or both such fine and imprisonment. [Ord. 45-13 § 1 (Att. A), 2013; Ord. 22-05 § 8, 2005; Ord. 10-87 § 2, 1987; Ord. 6-87 § 1, 1987].
6.24.020 Guard dogs – Permitted – Requirements – Recourse of bitten party.
A. Nothing in this title shall prohibit a person from keeping a dog for security purposes as long as the dog is properly licensed and properly controlled and/or confined on the person’s premises in accordance with the provisions of this title, and the premises are clearly posted indicating the presence of such dog.
B. Anyone bitten by any dog while engaging in any crime, whether misdemeanor, gross misdemeanor, or felony, including but not limited to trespass, larceny, or assault, will have no recourse under this title and no proceeding, either criminal or civil, will be brought against either the owner or his dog by the governing agency; provided, however, that nothing contained in this title shall restrict or limit any right of an injured party to bring civil suit in an individual capacity. [Ord. 45-13 § 1 (Att. A), 2013; Ord. 10-87 § 3, 1987; Ord. 6-87 § 1, 1987].
6.24.030 Wild, potentially dangerous or dangerous animal – Permit required – Requirements.
A. The city shall issue a permit to the owner of a wild, potentially dangerous or dangerous animal upon presenting to the animal control person of the city sufficient evidence of:
1. A proper enclosure to confine the dangerous dog, as defined in WRMC 6.04.010, and the posting of the premises with a warning sign clearly visible from the roadway 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 issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the animal control person in the sum of at least $50,000, payable to any person injured by the vicious dog; or
3. 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 $50,000, insuring the owner for any personal injuries inflicted by a dangerous dog. The insurance policy must clearly state the coverage is for a dangerous animal.
B. No person shall have, keep or maintain, or have in his possession or under his control, within the area of the city which is zoned residential, any lion, tiger, bear, chimpanzee, gorilla, cougar, mountain lion, badger, wolf, coyote, fox, lynx, or poisonous reptile or serpent, or any other dangerous wild animal or reptile; provided, however, that in those areas zoned other than residential such animals may be permitted on the condition that a permit is obtained from the animal control person or his duly authorized representative. Such permits shall only be granted upon showing by the applicant that adequate safeguards have been instituted and will be maintained which will effectively control the dangerous or vicious propensities of such animal or reptile, eliminating any danger to individual or property and providing that keeping or maintaining of any such animal will in no way constitute a nuisance to the occupants of any surrounding area.
The applicant for such a permit shall post a surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the animal control person in the sum of at least $50,000, payable to any person injured by the vicious animal, or provide 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 $50,000, insuring the owner for any personal injuries inflicted by the vicious animal prior to the issuance of a permit.
The applicant for such a permit shall pay to the city a fee set by council. This fee shall be nonrefundable even if the city declines to issue a permit because the owner failed to satisfy the requirements in subsection A of this section. [Ord. 45-13 § 1 (Att. A), 2013; Ord. 34-12 § 1 (Att. A), 2012; Ord. 22-05 § 9, 2005; Ord. 10-87 § 4, 1987; Ord. 6-87 § 1, 1987].
6.24.050 Applicability of WRMC 6.24.030.
WRMC 6.24.030 shall not apply to any person keeping or maintaining or having in his possession or under his control any animal defined in that section when such person is transporting such animal or reptile through the city, provided he has taken adequate safeguards to protect the public and has notified the chief of police of his proposed route of transportation and of the time such a trip is to take place. [Ord. 45-13 § 1 (Att. A), 2013; Ord. 22-05 § 10, 2005; Ord. 6-87 § 1, 1987].
6.24.060 Penalty.
The violation of any provision of this chapter shall be a gross misdemeanor which, upon conviction, shall be punishable by a fine not more than $5,000 or by imprisonment for not more than 365 days, or by both such fine and imprisonment. [Ord. 45-13 § 1 (Att. A), 2013; Ord. 22-05 § 11, 2005].