Chapter 6.06
DANGEROUS DOGS

Sections:

6.06.010    Definitions.

6.06.020    Unconfined dangerous dog on premises of owner.

6.06.030    Dangerous dog off premises.

6.06.035    Registration of dangerous dogs.

6.06.040    Disposal of dangerous dogs.

6.06.050    Impounding authority.

6.06.060    Penalties.

6.06.070    Severability.

6.06.090    General duty.

6.06.010 Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

A. “Dangerous dog” means:

1. Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury to, or to otherwise endanger the safety of humans or other domestic animals; or

2. Any dog which attacks a human being or other domestic animal without provocation; or

3. Any dog known by the owner to be a pit bull terrier, which shall herein be defined as any American Pit Bull Terrier or Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog or any mixed breed of dog which contains as an element of its breeding the breed of American Pit Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier as to be identifiable as partially of the breed of American Pit Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier; or

4. Any dog that frequently or habitually snarls or growls at or snaps at or jumps upon or threatens persons lawfully upon the public sidewalks, streets, alleys, or public places of the city; or

5. Any dog known by the owner to be a wolf or wolf-hybrid.

B. “Owner” means any person or legal entity having a possessory property right in a dog or who harbors, cares for, exercises control over, or knowingly permits any animal to remain on the premises occupied by them.

C. A dangerous dog is “unconfined” if such dog is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the owner of such dog. Such pen or structure must have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot.

D. The structure or pen described in subsection C of this section may be inspected by the animal control officer or any police officer to make sure such pen or structure complies with the requirements of this chapter. (Ord. 2008-10 § 2).

6.06.020 Unconfined dangerous dog on premises of owner.

The owner of a dangerous dog shall not suffer or permit such dog to go unconfined. (Ord. 2008-10 § 2).

6.06.030 Dangerous dog off premises.

The owner of a dangerous dog shall not suffer or permit such dog to go beyond the premises of such person unless such dog is securely leased by a leash no longer than six feet in length, and muzzled, or otherwise securely restrained and muzzled. (Ord. 2008-10 § 2).

6.06.035 Registration of dangerous dogs.

A. In addition to any other registration and licensing requirements provided in this chapter, it is unlawful for any person to keep a dangerous dog without a certificate of registration issued under this section. This section shall not apply to dogs used by law enforcement officials for police work.

B. The city shall issue a certificate of registration to the owner of a dangerous dog if the owner presents to the city sufficient evidence of:

1. A proper enclosure to confine the dangerous dog and the posting of the premises with clearly visible warning signs that there is a dangerous dog on the property. In addition, the owner shall conspicuously display warning symbols that inform children of the presence of a dangerous dog; and

2. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the city in the sum of at least $250,000, payable to any person injured by the dangerous 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 $250,000, insuring the owner against liability to any person for injuries inflicted by the dangerous dog.

C. A fee of $100.00 shall be paid to the city by any person seeking to register a dangerous dog. (Ord. 2008-10 § 2).

6.06.040 Disposal of dangerous dogs.

In the event a dog is determined to be dangerous, pursuant to this chapter, by reason of the dog’s viciousness, molesting people, or attacking people or other animals, where such behavior results in conviction for a violation under this chapter, then, in the discretion of the judge who presided over the court hearing wherein the conviction was entered, and based upon the severity of the behavior involved, the dog shall be impounded and destroyed in a humane manner. (Ord. 2008-10 § 2).

6.06.050 Impounding authority.

The animal control officer or any police officer shall have the authority to impound a dangerous dog, pursuant to the procedures provided in Chapter 6.04 GMC. (Ord. 2008-10 § 2).

6.06.060 Penalties.

Any person, firm or corporation violating the provisions of GMC 6.06.020, 6.06.030 and 6.06.035 shall be guilty of a gross misdemeanor and may be punished by a fine of not more than $5,000 or imprisonment of not more than one year in jail, or by both such fine and imprisonment. (Ord. 2008-10 § 2).

6.06.070 Severability.

If any one or more of the sections or provisions provided in the ordinance codified in this chapter shall be declared by any court of competent jurisdiction to be contrary by law, then such sections or provisions shall be null and void and shall be deemed separable from the remaining sections or provisions in the ordinance codified in this chapter and shall in no way affect the validity of the remaining sections or provisions in the ordinance codified in this chapter. (Ord. 2008-10 § 2).

6.06.090 General duty.

Nothing in this chapter is intended to create a cause of action or claim against the city or its officials or employees running to specific individuals. Any duty created herein is intended to be a general duty running in favor of the public citizenry. (Ord. 2008-10 § 2).