Chapter 6.12
DOG LICENSES AND REGULATIONS1
Sections:
6.12.020 License required – Requirements.
6.12.030 Prohibited acts – Generally.
6.12.060 Violation – Civil penalty.
6.12.070 Fees may be amended by resolution.
6.12.080 Dangerous dogs and potentially dangerous dogs – Registration required.
6.12.090 Dangerous dogs and potentially dangerous dogs – Confiscation.
6.12.110 Dangerous dogs or potentially dangerous dogs – Notification of declaration.
6.12.120 Appeal of animal control authority determination.
6.12.130 Appeal of animal control authority decision to confiscate or destroy.
6.12.010 Definitions.
As used in this chapter, except where a different meaning is plainly apparent from the context, the definitions set out in this section apply:
“Administrative fee” means the charge levied by the humane society for apprehending an animal and placing it in its custody.
“Alter” means to permanently render an animal incapable of reproduction for medical reasons, whether or not surgically altered.
“Animal” means the vertebrates except homo sapiens.
“Animal control authority” means any organization, whether private or public, that the city may contract with for the control of animals within the city limits and for the enforcement of this chapter and also means animal control authority.
“Animal control officer” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be amended.
“Animal shelter” means any premises so designated by action of the city council.
“At large” means any animal which is found on the streets of the city or upon public property or upon property of persons other than the owner or a consenting property owner, when said animal is not on a leash.
“City” means the city of Leavenworth, Washington.
“Dangerous animal” means any animal other than a cat or dog determined by the director, following a hearing, to be a risk to human health or safety or health or safety of other animals.
“Dangerous dog” means any dog that, according to the records of the appropriate authority, (1) has inflicted severe injury on a human being without provocation on public or private property, (2) has killed a domestic animal without provocation while off the owner’s property, or (3) has been previously found to be potentially dangerous, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals.
“Department” means the department of the animal control authority designated by the city.
“Detain” means to apprehend and/or keep an animal in custody.
“Director” means the director of the animal control authority designated by the city.
“Dog” means any animal of the canine species, male or female, and of any age.
“Harboring” means allowing any animal to remain or be lodged, fed or sheltered on property one owns, occupies or controls for more than 24 hours.
“Holding period” means 72 hours, commencing at 1:00 a.m. following the date of detainment of any animal excluding any day the animal shelter or other facility for detaining is not open to the public.
“Humane officer” means any employee of the animal control authority or the Chelan County sheriff and shall also mean any animal control officer.
“Owner” means the same as is defined in RCW 16.08.070, as the same exists now or may hereafter be amended.
“Permit” means human conduct in relation to an owned animal which is intentional, deliberate, careless, inadvertent or negligent.
“Potentially dangerous dog” means any dog that when unprovoked: (1) inflicts bites on a human or domestic animal either on public or private property, or (2) 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 as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be amended.
“Severe injury” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be amended.
“Trespassing” means an animal which enters upon the property of another person without the authorization of the lawful occupant. [Ord. 1196 § 1, 2003; Ord. 1160 § 1, 2001; Ord. 645 §§ 2, 5, 1979.]
6.12.020 License required – Requirements.
Each person owning or harboring any dog within the corporate limits of the city shall pay an annual license fee, in advance, for the licensing of dogs. The license fee shall be for the calendar year and shall be paid on or before March 1st of each year. The city clerk-treasurer shall, upon receipt of the fee, issue a license bearing a number, date of issue, description of the dog it is issued for, and a metal tag bearing the number of the license and the year for which the license was issued. The owner or person harboring such dog shall cause the metal tag to be displayed on a collar on such dog. [Ord. 1160 § 1, 2001; Ord. 923 § 1, 1992; Ord. 645 § 4, 1979.]
6.12.030 Prohibited acts – Generally.
No dog shall be permitted by its owner to run at large or to commit any of the following acts on any premises or property, private or public within the city: bite or attempt to bite any person, destroy private property, scatter refuse, chase vehicles, or deposit fecal matter on any property not that of his owner, nor shall the dog be permitted, by frequent or habitual barking, yelping, or howling, or by habitual threat of attacking or biting, to cause annoyance to the neighborhood or to passerby. [Ord. 1160 § 1, 2001; Ord. 645 § 8, 1979.]
6.12.040 Enforcement.
The mayor of the city shall have the authority to appoint one or more control officers who shall enforce this chapter and who shall have the power to issue citations for violations of this chapter. [Ord. 1160 § 1, 2001.]
6.12.050 Impoundment.
It shall be the duty of the animal control officer, together with such assistants as he or she may employ, to catch or impound any dog caught running at large within the corporate limits of the city. If the animal is claimed, the owner shall pay a reasonable pound fee and shall at that time be given a citation for violation of this chapter. [Ord. 1160 § 1, 2001; Ord. 645 § 6, 1979.]
6.12.060 Violation – Civil penalty.
A. Any person who violates or fails to comply with any of the provisions of this chapter or the owner of any dog found to be running at large or otherwise in violation of this chapter shall be guilty of a civil infraction and shall be subject to a maximum monetary civil penalty of $200.00 for the first offense and a maximum monetary civil penalty of $500.00 for each subsequent offense committed within a 24-month period.
B. The civil penalty provided for in this subsection may be imposed by an animal control officer, the Chelan County district court if within its jurisdiction, or by the courts of this state and may be enforced in a civil action in superior court or in any other manner provided by Washington law. Any such action, in the event the city is the prevailing party, the nonprevailing party shall pay, in addition to the city’s costs, a reasonable attorney fee at trial and in any appeal thereof. The civil remedy provided in this section is cumulative and in addition to any other remedy to which the city may be entitled by law. [Ord. 1384 § 2, 2011; Ord. 1196 § 2, 2003; Ord. 1160 § 1, 2001; Ord. 984 § 2, 1995; Ord. 645 § 10, 1979.]
6.12.070 Fees may be amended by resolution.
Any license fees, penalties for late license application, replacement fees, impound fees, notice fees and boarding fees may be adjusted periodically by resolution of the city council. [Ord. 1160 § 1, 2001.]
6.12.075 Rabies control.
A. All dogs over the age of six months or with a full set of canine teeth shall have an initial rabies vaccination and revaccinations administered by a licensed veterinarian. Any dog adopted from the animal control facility shall be vaccinated within 30 days of adoption. A veterinarian shall determine, before administering any rabies inoculation, whether the dog is under quarantine or has inflicted a bite on any person within the last 10 days. An owner or custodian shall have his or her dog inoculated against rabies within 30 days after having moved into the city. All dogs shall be revaccinated within not more than three years after the last rabies vaccination or as may be more often recommended by the vaccination manufacturer.
B. Any animal that has bitten any person shall be immediately detained and quarantined by the animal control authority for a period of 10 days. A detained animal shall be released only upon the direction of the animal control authority and the department.
C. It is unlawful for the owner of any animal that has bitten any person to destroy such animal before the animal can be properly detained and quarantined by the animal control authority. The detention and quarantine shall be at the sole expense of the owner or custodian. The owner or custodian of any animal that has been reported as having inflicted a bite on any person shall, on demand of the animal control authority, produce such animal for detention and quarantine. If the owner or custodian refuses to produce such animal, the owner or custodian shall be subject to immediate arrest by the sheriff if probable cause exists to believe that the animal has inflicted a bite upon any person, that the owner or custodian is harboring the animal, and the owner or custodian willfully refuses to produce the animal upon demand. An arrested owner or custodian shall be taken before a judge of the district court, who may order immediate production of the animal. If the owner or custodian continues to willfully refuse to produce the animal, the district court may imprison the owner or custodian for contempt of court and until the owner or custodian complies with the order of the court.
D. When an animal under quarantine has been diagnosed as being rabid by a licensed veterinarian, the veterinarian making such diagnosis shall immediately notify the department and advise of any reports of human contact with such rabid animal. If any animal under quarantine dies, the animal control authority shall immediately take action to obtain a pathological and inoculation examination of the animal and, if found to be rabid, shall notify the department of any reports of human contact with the animal.
E. Any veterinarian who diagnoses rabies in any animal shall report such fact to the animal control authority.
F. Any animal which has not been inoculated against rabies and is known to have been bitten by a rabid animal shall be humanely destroyed immediately.
G. In case of an outbreak of rabies constituting an emergency, the city council is authorized to impose strict regulations pertaining to animals within the city. [Ord. 1448 § 1 (Exh. A), 2013.]
6.12.080 Dangerous dogs and potentially dangerous dogs – Registration required.
A. It is unlawful for an owner to have a dangerous dog or potentially dangerous dog in the city without a certificate of registration issued under this section. This prohibition shall not apply to police dogs as defined in RCW 4.24.410, as the same exists or may hereafter be amended.
B. The animal control authority of the city shall issue a certificate of registration to the owner of a dangerous dog if the owner presents to the animal control authority sufficient evidence of:
1. A secure enclosure to confine the dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property;
2. The owner shall conspicuously display a sign on the premises with a warning symbol that informs children of the presence of a dangerous dog; and
3. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the animal control authority in the sum of at least $250,000 payable to any person injured by the dangerous dog or a policy of liability insurance issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000, insuring the owner for any personal injuries inflicted by the dangerous dog.
C. The animal control authority of the city shall issue a certificate of registration to the owner of a potentially dangerous dog if the owner presents to the animal control authority sufficient evidence of:
1. A secure enclosure or backyard chain run that safely confines the dog when the owner is absent.
2. The posting of the premises with a clearly visible warning sign that there is a potentially dangerous dog on the property.
D. The city will charge an annual fee of $75.00, in addition to regular dog licensing fees, to register a dangerous dog or a potentially dangerous dog. [Ord. 1196 § 3, 2003.]
6.12.090 Dangerous dogs and potentially dangerous dogs – Confiscation.
A. Any dog that has been deemed to be a dangerous dog or a potentially dangerous dog shall be immediately confiscated by an animal control authority if the:
1. Dog is not validly registered under RCW 16.08.080;
2. Owner does not secure the liability insurance required under RCW 16.08.080 for a dangerous dog;
3. Dog is not maintained in the proper enclosure;
4. Dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of the responsible person;
5. The premises are not posted with a clearly visible warning sign that there is a dangerous dog or potentially dangerous dog on the property.
B. The owner must pay the costs of confinement and control.
C. The animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the costs of confinement and control, and the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within 20 days.
D. The animal control authority shall destroy the confiscated dangerous dog in an expeditious and humane manner if any deficiencies are not corrected within 20 days of notification. The owner shall be guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021, as the same exists now or may hereafter be amended. [Ord. 1384 § 1, 2011; Ord. 1196 § 4, 2003.]
6.12.100 Dangerous dogs and potentially dangerous dogs – Dog bites, penalty and affirmative defenses.
A. If a dangerous dog or potentially dangerous 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, punishable in accordance with RCW 9A.20.021, as the same exists now or may be hereafter amended. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that he or she was in compliance with the requirement for ownership of a dangerous dog or potentially dangerous dog pursuant to this chapter and the person or domestic animal attacked or bitten by the defendant’s dog trespassed on the defendant’s real or personal property or provoked the defendant’s dog without justification or excuse. In addition, the dangerous dog or potentially dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.
B. The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether or not the dog has previously been declared dangerous or potentially dangerous, shall upon conviction be guilty of a class C felony punishable in accordance with RCW 9A.20.021, as the same exists now or may be hereafter amended. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the human severely injured or killed by the defendant’s dog: (1) trespassed on the defendant’s real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and beware of dog; or (2) provoked the defendant’s dog without justification or excuse on the defendant’s real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of dog. In such a prosecution, the state has the burden of showing that the owner of the dog either knew or should have known that the dog was potentially dangerous as defined in this chapter. The state may not meet its burden of proof that the owner should have known the dog was potentially dangerous solely by showing the dog to be a particular breed or breeds. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.
C. The owner of a potentially dangerous dog shall be subject to a civil penalty of up to $450.00 for each offense. [Ord. 1196 § 5, 2003.]
6.12.110 Dangerous dogs or potentially dangerous dogs – Notification of declaration.
A. Where the animal control authority seeks to declare a dog within the city to be a dangerous dog or potentially dangerous dog, the animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested. The notice must state:
1. The statutory basis for the proposed action;
2. The reasons the animal control authority considers the animal dangerous or potentially dangerous;
3. A statement that the dog is subject to registration and controls required by this chapter, including a recitation of the controls in LMC 6.12.080(B); and
4. An explanation of the owner’s rights and of the proper procedure for appealing a decision finding the dog dangerous or potentially dangerous.
B. Prior to the animal control authority issuing its final determination, the animal control authority shall notify the owner in writing that the owner is entitled to an opportunity to meet with the animal control authority, at which meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous or potentially dangerous. The notice must state the date, time, and location of the meeting, which must occur prior to the expiration of 15 calendar days following delivery of the notice.
C. After the meeting, the animal control authority must issue its final determination, in the form of a written order, within 15 calendar days.
D. In the event the animal control authority declares the dog to be dangerous or potentially dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the person who made the determination. The order shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the owner’s last address known to the animal control authority. [Ord. 1196 § 6, 2003.]
6.12.120 Appeal of animal control authority determination.
A. A person who is aggrieved by a determination of the animal control authority regarding dangerous dogs or potentially dangerous dogs may appeal such determination to the Chelan County district court. The owner must appeal the determination within 20 days of receiving the final determination.
1. The written appeal shall include the name, address and telephone number of the appellant(s) and a copy of the determination of the animal control authority.
2. The clerk shall promptly set a date for a hearing of the appeal. Written notice of the date, time and place of the appeal hearing shall be mailed or personally delivered to the appellant(s) and to the animal control authority not less than 10 days prior to the hearing.
3. The appellant(s) shall have the burden of proving that the determination of the animal control authority is arbitrary and capricious.
B. While the appeal is pending, the animal control authority may order that the dog be confined or controlled in compliance with RCW 16.08.090. If the dog is determined to be dangerous or potentially dangerous, the owner must pay all costs of confinement and control. [Ord. 1384 § 2, 2011; Ord. 1196 § 7, 2003.]
6.12.130 Appeal of animal control authority decision to confiscate or destroy.
An owner or keeper of a dangerous dog or potentially dangerous dog who is aggrieved by confiscation of the dog may prevent destruction or adoption of the dog by petitioning the Chelan County district court for the dog’s return, subject to court-imposed conditions.
A. A written petition shall be filed with the clerk of the Chelan County district court not more than 20 days after the date of initial detention. The petition shall include the name, address and telephone number of the petitioner(s) and a copy of the final determination of the animal control authority. The petitions shall be accompanied with a bond or security in an amount sufficient to provide for the dog’s detention and care for not less than 45 days from the date of initial detention.
B. The clerk shall promptly set a date for a hearing on the petition. Written notice of the date, time and place of the hearing shall be mailed or personally delivered to the petitioner(s) and to the animal control authority not less than 10 days prior to the hearing.
C. The petitioner(s) shall have the burden of proving that specific, additional court-imposed conditions may be imposed that are sufficient to safeguard the public from bodily harm and property damage.
D. If the Chelan County district court determines that the dangerous dog or potentially dangerous dog should not be returned to the owner or keeper, the dog shall be forfeited by the owner or keeper. The animal control authority may destroy the dog or find a responsible person or agency to adopt the dog.
E. If the Chelan County district court determines that the dangerous dog or potentially dangerous dog should be returned to the owner or keeper, the Chelan County district court shall impose such specific conditions, as it deems appropriate to safeguard the public from bodily injury and property damages. The petitioner(s) shall pay the cost of the dog’s detention and care within 10 days after the Chelan County district court’s determination. If the petitioner(s) fails to pay such costs, the bond shall be forfeited and the animal control authority may destroy the dog or find a responsible person or agency to adopt the dog. [Ord. 1384 § 2, 2011; Ord. 1196 § 8, 2003.]
For statutory provisions authorizing cities to license and prohibit the running at large of dogs, see RCW 35.23.440(11); for statutory provisions concerning damage by dogs, see Chapter 16.08 RCW.