Chapter 6.15
DANGEROUS DOGS

Sections:

Article I. Certificate of Registration
for Dangerous Dogs

6.15.010  Definitions.

6.15.020  Certificate of registration.

6.15.030  Confiscation of dangerous dogs.

Article II. Redemption of Dogs
and Other Animals

6.15.040  Redemption of dangerous dogs and pit bull dogs.

Article III. Notice of Impoundment or
Confiscation

6.15.050  Notice of impoundment or confiscation.

Article IV. Declaration of Dangerousor Potentially Dangerous Dog

6.15.060  Declaration of dangerous or potentially dangerous.

6.15.070  Appeal of declaration of dangerousness or potential dangerousness.

Article I. Certificate of Registration for Dangerous Dogs

6.15.010 Definitions.

"Dangerous dog" means any dog that according to the records of the town has inflicted severe injury on a human being without provocation on public or private property, or has killed a domestic animal without provocation while off the owner’s property, or has been previously found to be potentially dangerous by the town marshal, the owner having received written notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals.

"Potentially dangerous dog" means any dog that when unprovoked, inflicts bites on a human or a domestic animal either on public or private property, or chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or otherwise to threaten the safety of humans or domestic animals.

"Proper enclosure of a dangerous dog" means, while on the owner’s property a dangerous dog shall be securely confined indoors or in a securely

enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.

"Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. (Ord. 346 § 1(A), 1991)

6.15.020 Certificate of registration.

(1) The town clerk or designee shall issue a certificate of registration to the owner of a dangerous dog if the owner presents to the town marshal sufficient evidence of:

(a) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible sign warning 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;

(b) A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the town attorney, in the sum of at least $50,000, payable to any person injured by the dangerous dog; or

(c) 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 in a form acceptable to the town attorney, insuring the owner for any personal injuries inflicted by the dangerous dog.

(2) Prior to the issuance of any certificate of registration the town clerk or designee shall collect from the owner of any dangerous dog a registration fee of $100.00.

(3) The certificate of registration shall expire one year after its issuance and it shall be renewable under the same terms and conditions as governed by its previous issuance. (Ord. 346 § 1(B), 1991)

6.15.030 Confiscation of dangerous dogs.

Any dangerous dog shall be immediately confiscated by the town marshal or any other law enforcement officer:

(1) If the dog is not validly registered under CMC 6.15.020;

(2) If the owner does not secure and maintain the liability insurance coverage or bond required under CMC 6.15.020;

(3) The dog is not maintained in the proper enclosure; or

(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. (Ord. 346 § 1(C), 1991)

Article II. Redemption of Dogs
and Other Animals

6.15.040 Redemption of dangerous dogs and pit bull dogs.

(1) Any dangerous dog which is confiscated pursuant to this chapter or any pit bull dog confiscated pursuant to ordinance of the town of Cathlamet, shall be humanely destroyed within 48 hours after its notice of confiscation is served or posted pursuant to CMC 6.15.050 unless its owner or his agent requests a hearing as provided in this section and the dog is ordered released by the court. Dogs subject to quarantine shall not be destroyed until the period of quarantine has run. In the event of a hearing at which the town prevails, the dog shall be humanely destroyed. The person requesting the hearing shall be liable to the town for a $35.00 confiscation fee and $5.00 for each day such dog is confined by the town.

(2) Requests for such hearing shall be filed with the Wahkiakum County District Court by the dog owner or his agent with a copy served upon the town clerk or designee and shall be made on a form which shall read substantially as follows:

IN THE DISTRICT COURT FOR
WAHKIAKUM COUNTY

In Re the Confiscation of a ) No._____________

Dog Named: )

________________ dog’s ) REQUEST FOR

name and description ) DANGEROUS DOG

________________ owner’s ) CONFISCATION

name ) HEARING

 

I ___________________ (full name), as owner or the owner’s agent of a ____________, (dog’s name and description) request a hearing to contest it’s confiscation. The dog is currently being held by the Town of Cathlamet. I understand that if I fail to appear at the time set by the Court for hearing, the dog shall be humanely destroyed by the Town.

_____________________
Signature of owner or agent

_____________________
Address

_____________________
Telephone number

(Ord. 346 § 2(A), 1991)

Article III. Notice of Impoundment or Confiscation

6.15.050 Notice of impoundment or confiscation.

Upon impoundment of any dog or other animal or the confiscation of a dangerous dog or a pit bull dog, the impounding authority shall immediately notify the owner in writing. Such written notice shall be served upon the owner or, if the owner is not present, then upon any person of suitable age and discretion residing at the owner’s residence. Contained within such written notice shall be a description of the dog or other animal, any license number, the reason for impoundment or confiscation, and the terms upon which such dog or other animal may be redeemed. If the owner of such dog or other animal is unknown, then such written notice shall be posted as soon as possible after confiscation or impoundment in a conspicuous place at the Town Hall and at two other public places in the town of Cathlamet. (Ord. 346 § 3, 1991)

Article IV. Declaration of Dangerous or Potentially Dangerous Dog

6.15.060 Declaration of dangerous or potentially dangerous.

(1) The police department or the town attorney may classify potentially dangerous and dangerous dogs. They may find and declare an animal particularly dangerous or potentially dangerous if there is cause to believe the animal falls within the definitions set forth in CMC 6.15.010. The finding must be based upon substantial evidence. Substantial evidence includes, without limitation:

(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 definitions set forth in CMC 6.15.010; or

(b) Dog bite reports filed with the police department; or

(c) Actions of the dog witnessed by any police officer or town employee.

(2) A declaration of potentially dangerous or dangerous dog shall be in writing and shall be served on the owner in one of the following methods:

(a) Certified mail to the owner’s last known address; or

(b) Personally; or

(c) If the owner can be located by neither of the above methods, by publication in a newspaper of general circulation in the county.

(3) The declaration shall state, at least:

(a) The description of the animal;

(b) The name and address of the owner, if known;

(c) The location of the animal if not in the custody of its owner;

(d) The facts upon which the declaration of dangerous or potentially dangerous dog is based;

(e) The restrictions placed upon the animal; and

(f) Notification of the right to appeal the declaration pursuant to this chapter. (Ord. 431 § A, 2002)

6.15.070 Appeal of declaration of dangerousness or potential dangerousness.

(1) Following service of a declaration of dangerous or potentially dangerous dog, the owner or keeper of such dog may, within seven days of the date the declaration is sent or served, or within seven days of the date of publication of the declaration, petition a hearing appealing the determination. Such a petition shall be addressed to the town hall and shall contain:

(a) A brief statement that protests the action and stating reasons it should be reversed or modified;

(b) The names, phone numbers, and addresses of any witnesses who will appear at the hearing on the petitioner’s behalf; and

(c) The current day phone number at which the petitioner or his or her representative can be contacted.

(2) The town clerk shall set a time and place for the hearing within seven days of the receipt of the petition, with effort to reasonably accommodate all parties involved. All witnesses shall be notified of the hearing date by phone or post. The hearing shall be set within 30 days of receipt of the petition unless all parties agree to a later setting.

(3) If petitioner or petitioner’s representative fail to appear for the hearing except for good cause, the original determination shall stand.

(4) At the hearing, the town attorney will give a full report of the actions and reasons leading to the declaration, calling what witnesses will be helpful in deciding the petition. The burden shall be upon the town attorney to prove by a preponderance of the evidence that the dog is dangerous or potentially dangerous as defined in CMC 6.15.010. The petitioner or his or her representative shall be permitted an opportunity to present pertinent evidence upon the conclusion of the town attorney’s evidence, and in the discretion of the hearing officer, either party may be given additional opportunity to rebut the other.

(5) The hearing officer shall be the town municipal judge.

(6) The hearing officer, having heard from both sides, will render a decision within 48 hours. The decision may either reverse or uphold the original decision, or uphold the original declaration but modify terms and restrictions, or downgrade a declaration of dangerous to potentially dangerous. Within seven days of the hearing, the hearing officer shall prepare a final written decision including his or her findings and conclusions. A copy shall be sent to all parties. The owner may appeal to the superior court by filing written notice within thirty days of receipt of said written decision. Such an appeal shall be governed by the provisions of the Administrative Procedure Act, Chapter 34.04 RCW. (Ord. 431 § B, 2002)