Chapter 6.14
DANGEROUS DOGS
Sections:
6.14.020 Unlawful conduct – Penalty.
6.14.040 Complaints – Adjudication of classification of animal.
6.14.010 Registration.
A. It is unlawful for an owner to have a potentially dangerous dog, dangerous dog, or vicious dog in the city without first having obtained a certificate of registration therefor.
B. A certificate of registration shall be issued by the city upon a showing of compliance with the following:
1. Located on the property a proper enclosure to confine the dog and the posting on the premises where the dog is harbored of a clearly visible warning sign that there is a potentially dangerous dog, dangerous dog or vicious dog on the property; and
2. A conspicuously displayed sign on the premises where the dog is harbored with a warning symbol that informs children or adults who cannot read of the presence of a potentially dangerous dog, dangerous dog, or vicious dog; and
3. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a sum of not less than $50,000 payable to a person injured by the dog(s), or a policy of liability insurance issued by an insurer qualified under RCW Title 48 in an amount not less than $50,000, insuring the owner for any personal injuries inflicted by the dog(s). (Ord. 02-605 § 3, 2002)
6.14.020 Unlawful conduct – Penalty.
A. The failure of an owner or person in control of a potentially dangerous dog, dangerous dog, or vicious dog to comply with the requirements of AMC 6.14.010 shall be guilty of a gross misdemeanor.
B. It is unlawful for an owner or person in control of a potentially dangerous dog, dangerous dog or vicious dog to permit the dog to be outside the proper enclosure, unless the dog is muzzled and restrained by a chain or leash and under physical control of a person 18 years of age or older. The muzzle shall be made of the type that will not cause injury to the dog or interfere with its vision or respiration, but shall be of a type that will prevent the dog from biting any person or animal. The failure to comply with this section shall be a gross misdemeanor.
C. If a potentially dangerous dog, dangerous dog or vicious dog of an owner with a prior conviction under this chapter attacks or bites a person or another domestic animal, the dog’s owner is guilty of a Class C felony. In addition the potentially dangerous dog, dangerous dog, or vicious dog shall be immediately confiscated by the animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.
D. The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether the dog has previously been declared potentially dangerous, dangerous, or vicious, shall be guilty of a Class C felony. In addition, the dog shall be immediately confiscated by the animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.
E. Any person entering a dog in a dog fight is guilty of a Class C felony. (Ord. 02-605 § 3, 2002)
6.14.030 Impound.
A. Any potentially dangerous dog, dangerous dog or vicious dog shall be immediately impounded by the animal control authority, or official of the city, if:
1. The dog is not validly registered under AMC 6.14.010;
2. The dog is not under the control of the owner or person as required under AMC 6.14.020(B).
B. Dogs impounded under this section shall be released to the owner upon satisfaction of impound release procedures of the animal control authority and upon compliance with the registration requirements of this chapter; provided, however, any dog impounded pursuant to AMC 6.14.020(C) or (D) shall be handled in accordance with said sections. (Ord. 02-605 § 3, 2002)
6.14.040 Complaints – Adjudication of classification of animal.
A. Any person who has reasonable cause to be apprehensive over the safety of his/her person, family or property because of a potentially dangerous dog, dangerous dog, vicious dog, or vicious animal may file a written complaint with the city or animal control authority setting forth such information as may be required by the animal control authority or city to show by clear and convincing evidence that the dog or animal complained of is a potentially dangerous dog, dangerous dog, vicious dog, or vicious animal.
B. When a written complaint is received by the city or animal control authority, a letter of determination must be served upon the animal’s owner. If the owner wishes to contest this determination of potentially dangerous, dangerous or vicious animal as defined in Chapter 6.04 AMC, a written request for a hearing shall be presented to the city clerk within 15 days of the notice. The appeal will then come before the mayor to adjudicate the complaint of the potentially dangerous dog, dangerous dog, vicious dog, or vicious animal. In the event the appeal finds by clear and convincing evidence that the complaint is valid, the dog or animal complained of shall be, by order of the city, classified as a potentially dangerous dog, dangerous dog, vicious dog, or vicious animal and the city shall order the owner of the dog or animal to comply with this chapter. Any further appeal of this determination must be brought forth and adjudicated in Asotin district court.
C. Dogs or other animals shall not be declared potentially dangerous, dangerous, or vicious if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog or other animal or was tormenting, abusing, or assaulting the dog or other animal or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or other animal or was committing or attempting to commit a crime. Nor shall a dog or other animal be declared potentially dangerous, dangerous, or vicious if said dog or animal injures and/or kills another animal while it is on the property of its owner; provided, however, a dog may be declared a vicious dog by clear and convincing evidence that the dog is a vicious dog under the provision of AMC 6.04.320. (Ord. 23-882, 2023; Ord. 02-605 § 3, 2002)