Chapter 6.04
POTENTIALLY DANGEROUS DOGS

Sections:

6.04.010  Declaration of dogs as potentially dangerous – Procedure.

6.04.020  Permits and fees.

6.04.030  Confinement and identification of potentially dangerous dogs.

6.04.035  Notification of status of potentially dangerous dog.

6.04.040  Penalty for violation.

6.04.010 Declaration of dogs as potentially dangerous – Procedure.

A. The animal control agency shall classify potentially dangerous dogs. The agency may find and declare an animal potentially dangerous if an animal control officer has probable cause to believe that the animal falls within the definitions set forth in EMC 6.01.010(Q). The finding must be based upon:

1. 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 definition of EMC 6.01.010(Q); or

2. Dog bite reports filed with the animal control agency; or

3. Actions of the dog witnessed by any animal control officer or law enforcement officer; or

4. Other substantial evidence.

B. The declaration of potentially dangerous dog shall be in writing and shall be served on the owner in one of the following methods:

1. Certified mail to the owner's last known address; or

2. Personally; or

3. If the owner cannot be located by one of the first two methods, by publication in a newspaper of general circulation.

C. The declaration shall state at least:

1. The description of the animal.

2. The name and address of the owner of the animal, if known.

3. The whereabouts of the animal if it is not in the custody of the owner.

4. The facts upon which the declaration of potentially dangerous dog is based.

5. The availability of a hearing in case the person objects to the declaration, if a request is made within 10 days.

6. The restrictions placed on the animal as a result of the declaration of potentially dangerous dog.

7. The penalties for violation of the restrictions, including the possibility of destruction of the animal, and imprisonment or fining of the owner.

D. If the owner of the animal wishes to object to the declaration of potentially dangerous dog:

1. The owner may request a hearing before the director of the animal control agency or the director's designee by submitting a written request and payment of a $25.00 administrative review fee to said director or the director's designee within 10 days of receipt of the declaration, or within 10 days of the publication of the declaration pursuant to subsection (B) of this section.

2. If the director or the director's designee finds that there is insufficient evidence to support the declaration, it shall be rescinded, and the restrictions imposed thereby annulled.

3. If the director or the director's designee finds sufficient evidence to support declaration, the owner may appeal such decision pursuant to Chapter 2.40 EMC.

4. During the entire appeal process, it shall be unlawful for the owner appealing the declaration of potentially dangerous dogs to allow or permit such dog to:

a. Be unconfined on the premises of the owner; or

b. Go beyond the premises of the owner unless such dog is securely leashed and humanely muzzled or otherwise securely restrained. (Ord. 05-261 § 1; Ord. 04-222 § 1).

6.04.020 Permits and fees.

Following a declaration of potentially dangerous dog and the exhaustion of the appeal therefrom, the owner of a potentially dangerous dog shall obtain a permit for such dog from the animal control agency, and shall be required to pay the fee for such permit in the amount of $250.00. In addition, the owner of a potentially dangerous dog shall pay an annual renewal fee for such permit in the amount of $50.00.

Should the owner of a potentially dangerous dog fail to obtain a permit for such dog from the animal control agency or to appeal the declaration of potentially dangerous dog, the animal control agency is authorized to seize and impound such dog and, after notification to the owner, hold the dog for a period of no more than five days before destruction of such dog by the animal control agency. (Ord. 05-261 § 1; Ord. 04-222 § 1).

6.04.030 Confinement and identification of potentially dangerous dogs.

A. Following a declaration of potentially dangerous dog and the exhaustion of the appeal therefrom, it shall be unlawful for the person owning or harboring or having care of such potentially dangerous dog to allow and/or permit such dog to:

1. Be unconfined on the premises of such person; or

2. Go beyond the premises of such person unless such dog is securely leashed and humanely muzzled or otherwise securely restrained.

B. Potentially dangerous dog(s) must be tattooed or have a microchip implanted for identification. Identification information must be on record at the city of Sumner. (Ord. 05-261 § 1; Ord. 04-222 § 1).

6.04.035 Notification of status of potentially dangerous dog.

The owner of a dog that has been classified as a potentially dangerous dog shall immediately notify the animal control agency when such dog:

A. Is loose or unconfined; or

B. Has bitten or otherwise injured a human being or attacked another animal or livestock; or

C. Is sold or given away or dies; or

D. Is moved to another address.

Prior to a potentially dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control agency. The new owner shall comply with all of the requirements of this chapter. (Ord. 05-261 § 1; Ord. 04-222 § 1).

6.04.040 Penalty for violation.

Any person who violates a provision of this chapter shall, upon conviction thereof, be found guilty of a misdemeanor. In addition, any person found guilty of violating this chapter shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal or boarding and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expenses as may be required for the destruction of any such dog; provided, that any potentially dangerous dog which is in violation of the restrictions contained herein or restrictions imposed as part of a declaration as a potentially dangerous dog shall be seized and impounded. Furthermore, any potentially dangerous dog which attacks a human being, domestic animal, or livestock may be ordered destroyed when, in the court's judgment, such potentially dangerous dog represents a continuing threat of serious harm to human beings or domestic animals. (Ord. 05-261 § 1; Ord. 04-222 § 1).