Chapter 5.34
DANGEROUS DOGS

Sections:

5.34.040  Adoption by reference.

5.34.060  RCW sections deleted.

5.34.080  Penalty.

5.34.120  Filing of ordinance.

5.34.160  Definitions.

5.34.200  Potentially dangerous dogs – Requirements for restraint.

5.34.240  Determination of potentially dangerous dogs.

5.34.250  Hearing to appeal declaration.

5.34.280  Notice requirements.

5.34.320  Dangerous dogs and potentially dangerous dogs – Fee.

5.34.040 Adoption by reference.

Chapter 16.08 RCW, entitled “Dangerous Dogs,” is hereby adopted by reference as if set forth in full herein. [Ord. 3650 § 1, 1989.]

5.34.060 RCW sections deleted.

RCW 16.08.010, 16.08.020 and 16.08.030 are not adopted by reference and are expressly deleted. [Ord. 3650 § 2, 1989.]

5.34.080 Penalty.

Unless another penalty is expressly provided by law in Chapter 16.08 RCW, any person who is convicted of violating or failing to comply with any of the provisions of this chapter shall be guilty of a gross misdemeanor. [Ord. 3650 § 3, 1989.]

5.34.120 Filing of ordinance.

Incident to the adoption of Chapter 16.08 RCW by reference in accordance with the provisions of this chapter, copies of the text of the adopted sections thereof shall be filed as required by RCW 35.21.180 for use and examination by the public. [Ord. 3650 § 4, 1989.]

5.34.160 Definitions.

The following definitions are added to those contained in RCW 16.08.070:

A. “Bite” means the breaking of skin on a human being or domestic animal upon contact with any dog's teeth, said contact being an intentional act of said dog.

B. “Dog” shall mean a canine six months of age or older, unless a canine under six months of age demonstrates a temperament dangerous to the public and possesses apparent ability to injure humans or domestic animals.

C. “Proper enclosure for a potentially dangerous dog” means that while on the owner's property, a potentially dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure embedded into the ground a minimum of 12 inches, suitable to prevent the entry of young children and designed and built 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. The animal control authority shall determine the strength of the dog and other factors relevant to the likelihood of escape from the enclosure shall be considered by the animal control authority in making this determination. Alteration of the enclosure to the specifications of the animal control authority shall be completed with five days of notification to the owner.

D. “Records of the appropriate authority” as used herein shall include the records of an animal control authority of any governmental unit of this state; and the certified records of a similar authority of any governmental unit outside of the state of Washington. [Ord. 3650 § 5, 1989.]

5.34.200 Potentially dangerous dogs – Requirements for restraint.

It is unlawful for an owner of a potentially dangerous dog to permit the dog to be outside the proper enclosure unless the dog is restrained by a substantial chain or leash and under physical restraint of a responsible person. [Ord. 3650 § 6, 1989.]

5.34.240 Determination of potentially dangerous dogs.

A. A dog shall be considered a “potentially dangerous dog” for purposes of this chapter if it is found and declared to be potentially dangerous by the Ellensburg animal control division. The finding shall be made if an animal control officer has probable cause to believe the animal falls within the definition of the term as set forth in RCW 16.08.070(1). The finding must be based upon:

1. The written complaint of a citizen who is willing to testify the animal has acted in a manner that causes it to fall within the definition of RCW 16.08.070(1); or

2. A dog bite report or reports filed with the animal control division;

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

4. Other substantial evidence.

B. The finding that the dog is potentially dangerous shall be in writing and served upon the owner as provided in ECC 5.34.280. The finding shall include the following information:

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 is based.

5. The availability of a hearing in case the person objects to the declaration, if a request is made in writing to the police chief within 10 days, as is provided by ECC 5.34.250.

6. The restrictions placed on the animal as a result of the declaration of it being a 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. [Ord. 4123, 1997; Ord. 3650 § 7, 1989.]

5.34.250 Hearing to appeal declaration.

If the owner of the animal wishes to object to the declaration of his or her dog as a potentially dangerous dog:

A. The owner may request a hearing before the police chief, or the chief's designee, by submitting a written request and payment of a $25.00 administrative review fee to the police chief or designee within 10 days of receipt of the declaration, or within 10 days of the posting of the notice provided by ECC 5.34.280.

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

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

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

2. Go beyond the premises of such person unless the dog is securely leashed and humanely muzzled or otherwise securely restrained. [Ord. 4123, 1997.]

5.34.280 Notice requirements.

Any notice to owner requirements contained herein shall be met upon service of written notice to the owner at his/her address. Such notice may be served upon the owner or upon any person of suitable age and discretion residing at such address. Alternatively, notice may be by certified mail, return receipt requested, addressed to said owner's address. If the owner is unknown and cannot reasonably be ascertained by the animal control authority, notice may be posted at the city impoundment facility. Posted notice shall include a description of the dog necessitating the notice. [Ord. 3650 § 8, 1989.]

5.34.320 Dangerous dogs and potentially dangerous dogs – Fee.

A. The cost to register a dangerous dog, as required by Chapter 16.08 RCW, shall be $120.00 per year. This fee shall be charged in addition to any regular dog licensing fees.

B. An annual fee shall be charged to register a dog determined to be a “potentially dangerous dog” in the amount of $120.00 per year. This annual fee shall be in addition to any regular dog licensing fees and shall be paid within 10 days of notification of the owner by the animal control authority of the determination their dog is a potentially dangerous dog. [Ord. 3650 § 9, 1989.]