CHAPTER 8.06
POTENTIALLY DANGEROUS DOGS

Sections:

8.06.010    Definitions.

8.06.030    Certificate of registration required – Violation – Penalty.

8.06.040    Certificate of registration – Issuance – Conditions.

8.06.050    Notice to owner of classification as potentially dangerous dog.

8.06.060    Owner request for hearing – Hearing.

8.06.070    Being outside proper enclosure unlawful – Exception.

8.06.080    Confiscation of potentially dangerous dogs – Retrieval.

8.06.090    Attack for trespass or abuse – Not grounds for declaration as a potentially dangerous dog.

8.06.100    Liability.

8.06.110    Penalties.

8.06.120    Severability.

8.06.010 Definitions.

The following terms and definitions shall be used in the administration of this chapter:

"Animal Control Officer" has the same meaning as in Chapter 8.05 of this code.

"Certificate of registration" means the certificate described in Section 8.06.040 of this code.

"Dangerous dog" has the same meaning as in RCW 16.08.

"Owner" means any person, firm, organization, corporation or department possessing, keeping, having an interest in, or having control or custody of a potentially dangerous dog.

"Potentially dangerous dog" means a pit bull terrier, an American pit bull terrier, Staffordshire bull terrier or American Staffordshire terrier breed of any dog or any mix 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.

"Proper enclosure" means 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, suitable to prevent the entry of young children and designed to prevent the potentially dangerous dog from escaping. Such pen shall have secure sides and a secure top and shall also provide protection from the elements for the potentially dangerous dog. 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.

"Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. (Ord 95-02 §1)

8.06.030 Certificate of registration required – Violation – Penalty.

It is unlawful for an owner of a potentially dangerous dog to allow or have a potentially dangerous dog in the City without obtaining a certificate of registration or to allow or have a potentially dangerous dog in the City without complying with all provisions of this chapter. This section shall not apply to dogs used by law enforcement officials for police work. (Ord 95-02 §1)

8.06.040 Certificate of registration – Issuance – Conditions.

The Finance Officer/Clerk shall issue a certificate of registration for the potentially dangerous dog to the owner when the owner presents to the Finance Officer/Clerk sufficient evidence that:

A. The owner has provided a proper enclosure to confine the potentially dangerous dog; and

B. The owner has obtained and has provided the City with proof of a surety bond issued by a surety insurer qualified under Chapter 48.148 RCW in a form acceptable to the City in the sum of at least ten thousand dollars payable to any person injured by the potentially dangerous dog; or a policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under Title 48 RCW in the amount of at least ten thousand dollars insuring the owner for any personal injuries inflicted by the potentially dangerous dog;

C. In addition to the fees established in Chapter 8.05 of this code, the City shall charge an annual fee in the amount of fifty dollars for a certificate of registration to register a potentially dangerous dog. (Ord 95-02 §1)

8.06.050 Notice to owner of classification as potentially dangerous dog.

The owner of a dog which is determined by the City to be a dangerous dog or potentially dangerous dog shall be notified of such classification by registered mail, return receipt requested, at the owner’s last known address or at the address shown on the last dog license obtained for said dog, or by personally delivering to or serving upon said owner such notice, or by leaving said notice with a person of suitable age and discretion at owner’s residence or by conspicuously placing such notice on the door of said residence. (Ord 95-02 §1)

8.06.060 Owner request for hearing – Hearing.

A. Request for Review. An owner may contest the determination their dog is a potentially dangerous dog by delivering to the Finance Officer/Clerk a written request for a hearing on or before ten days from the date of mailing the notice described in Section 8.06.050 of this chapter, stating the basis on which the owner contests the classification of his dog or dogs.

B. Hearing. A hearing to review the classification of the dog or dogs as a potentially dangerous dog shall be held before the Grant County District Court. (Ord 95-02 §1)

8.06.070 Being outside proper enclosure unlawful – Exception.

It is unlawful for the owner of a potentially dangerous dog to permit the potentially dangerous dog to be outside a proper enclosure unless the potentially dangerous dog is muzzled and on a leash of not more than six feet in length securely held by or attached to a person at least sixteen years of age and that such leash and the collar to which it is attached is of sufficient strength and design so as to securely prevent the potentially dangerous dog from escaping. (Ord 95-02 §1)

8.06.080 Confiscation of potentially dangerous dogs – Retrieval.

A. Confiscation. Any potentially dangerous dog shall be immediately confiscated by the Animal Control Authority if:

1. The potentially dangerous dog is not validly registered under this chapter;

2. The owner of the potentially dangerous dog does not have in effect the liability insurance or surety bond required in this chapter;

3. The potentially dangerous dog is not maintained in a proper enclosure;

4. The potentially dangerous dog is outside; of the dwelling of the owner or outside of the proper enclosure and not under the physical restraint of the owner or responsible person.

B. Retrieval of Confiscated Dog. The owner of a dog confiscated under this chapter may recover the potentially dangerous dog upon the payment of a civil fine which shall be the sum of two hundred fifty dollars, plus twenty-five dollars per day for each day said dog has been in the control of the City. Provided, however, that in the event the owner has not retrieved the potentially dangerous dog within ten days of notification of its confiscation, the potentially dangerous dog shall be destroyed in a humane manner, with the owner being assessed an additional civil penalty in the amount of fifty dollars for the cost of destroying the potentially dangerous dog. (Ord 95-02 §1)

8.06.090 Attack for trespass or abuse – Not grounds for declaration as a potentially dangerous dog.

A dog shall not be declared a potentially dangerous dog solely on the basis of inflicting bites on a person or by chasing or approaching in a menacing fashion or apparent attitude of attack any person who, at the time, was committing a wilful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. (Ord 95-02 §1)

8.06.100 Liability.

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 in this chapter is intended to be a general duty running in favor of the citizens of the City. (Ord 95-02 §1)

8.06.110 Penalties.

Except as expressly otherwise stated, a violation of this chapter shall subject the person violating this chapter to a cumulative C-1 penalty, as defined in Section 1.01.118 of this code, for each violation. For purposes of this chapter, a continuing violation shall be deemed a violation for each day the violation continues. Nothing in this chapter shall prevent the City from obtaining an injunction from a court of competent jurisdiction restraining a continuing violation of this chapter. (Ord 95-02 §1)

8.06.120 Severability.

If any provisions or portion of this chapter or its application to any person or circumstance is held invalid, the remainder of the provision, section or portion of this chapter, or the application thereof to other persons or circumstances shall not be affected. (Ord 95-02 §1)