Chapter 6.10
DANGEROUS DOGS
Sections:
6.10.020 Dangerous dog on premises.
6.10.030 Dangerous dog on or off premises.
6.10.040 Certificate of registration – Required.
6.10.045 Certificate of registration – Issuance conditions.
6.10.050 Procedure for abating nuisance.
6.10.080 Repealed.
6.10.010 Definitions.
As used in this chapter:
A. “Owner” means any person, firm, corporation, organization or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal.
B. “Potentially dangerous dog” means:
1. Any dog, that when unprovoked:
a. Inflicts a bite(s) on a human or a domestic animal either on public or private property; or
b. 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 threaten the safety of humans or domestic animals.
2. A hybrid, an offspring of a wild animal crossbred to a domestic dog, or a hybrid bred to another hybrid or a domestic dog, is declared to be a potentially dangerous dog.
C. “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; or
2. Has killed a domestic animal without provocation while off the owner’s property; or
3. Has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans;
4. A dog shall not be declared dangerous if the threat, injury or damage was sustained by a person who at the time was committing a willful trespass or crime upon the premises occupied by the owner of the dog, or was tormenting, abusing or assaulting the dog, or has in the past been observed to have tormented, abused or assaulted the dog, or was committing or attempting to commit a crime.
D. “Severely injured” or “severe injury” means physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery.
E. “Provocation” means taunting, striking or screaming at a dog or unauthorized entry onto the premises where the dog is kept.
F. “Unconfined” means not securely confined indoors or not confined in a securely enclosed and locked pen or proper enclosure. Such pen or structure must have attached 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.
G. “Permit” means human conduct in relation to an owned or harbored dog which is intentional, deliberate, careless, inadvertent or negligent.
H. “Proper enclosure of a dangerous dog” means, while on the owner’s property, a 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 animal from escaping. Said pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the animal. Said pen or structure shall further be required to have a solid floor, or sides buried a minimum of 12 inches below ground level, and shall also display in at least two conspicuous locations signs of at least 12 inches by 12 inches that notify the public of the existence of a dangerous dog.
I. “Animal control officer” means any individual employed, contracted with or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal. (Ord. 1535 NS § 1, 2015; Ord. 1374 NS § 1, 2007; Ord. 1262 NS § 1, 2002; Ord. 1257 NS § 1, 2002; Ord. 1021 NS § 1, 1990; Ord. 985 NS § 1, 1987).
6.10.020 Dangerous dog on premises.
The owner of a dangerous dog shall not permit such dog to go unconfined. (Ord. 1262 NS § 2, 2002; Ord. 1021 NS § 2, 1990; Ord. 985 NS § 2, 1987).
6.10.030 Dangerous dog on or off premises.
The owner of a dangerous dog shall not permit such animal to go outside of the residence or the proper enclosure of such person unless such animal is muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration, but shall prevent it from biting any person or animal. (Ord. 1262 NS § 3, 2002; Ord. 1074 NS § 1, 1993; Ord. 1021 NS § 3, 1990; Ord. 985 NS § 3, 1987).
6.10.040 Certificate of registration – Required.
It is unlawful for an owner to have a dangerous or potentially dangerous dog without a certificate of registration. It is required that the owner of each dangerous dog or potentially dangerous dog obtain a certificate of registration issued by the city. (Ord. 1262 NS § 4, 2002; Ord. 1074 § 2, 1993; Ord. 1021 NS § 4, 1990; Ord. 985 NS § 4, 1987).
6.10.045 Certificate of registration – Issuance conditions.
The animal control authority of the city in which an owner has a dangerous dog shall issue a certificate of registration to the owner of such animal only after the owner presents to the animal control authority evidence of:
A. A proper enclosure to confine a dangerous dog and the posting on the premises of a clearly visible sign that there is a dangerous dog on the property, including the conspicuous display of a sign with a warning symbol that informs children of the presence of a dangerous dog; and
B. Either:
1. 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 animal; or
2. 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 for the benefit of third parties for any personal injuries inflicted by the dangerous dog; and
C. In addition to any registration fees or license requirement, the owner shall pay annually a registration fee of $70.00 for a dangerous dog. The one-time registration fee is $50.00 for a potentially dangerous dog. (Ord. 1483 NS § 1, 2012; Ord. 1263 NS § 1, 2002; Ord. 1262 NS § 5, 2002; Ord. 1074 NS § 2, 1993).
6.10.050 Procedure for abating nuisance.
A. A city animal control officer is authorized to immediately take possession and impound and/or require the owner to surrender any animal reasonably believed by him or her to be a dangerous or potentially dangerous dog, which is not validly registered in accordance with CMC 6.10.040 or 6.10.045 or which is:
1. Not confined on the owner’s premises in a proper enclosure;
2. Securely leashed and muzzled on or off the premises unless confined indoors or confined in a proper enclosure; or
3. The owner of such dog does not secure and maintain the liability insurance or surety bond required under the provisions of this chapter.
B. The owner of the dog shall assist, upon request, the animal control officer in taking possession and impounding the animal.
C. The animal control officer, when he or she reasonably believes he or she is dealing with a dangerous or potentially dangerous dog, shall have authority to immediately take possession of said animal and may use whatever force is necessary, including the tranquilizing of said animal.
D. The city animal control officer shall cause to be sent to the person believed to have been in possession of the dangerous dog on premises within his or her control a “notice of impound,” or “notice of declaration of dangerous dog” or “notice of failure to comply with the requirements for possessing a dangerous dog” and the notice shall be sent to the last known address of said person or persons.
E. Any notice shall state:
1. That the animal shall be (a) impounded and destroyed; or (b) destroyed if already impounded within seven days, unless a request for hearing is timely received prior to the expiration of seven days from the date of impoundment or the date of notice, whichever occurs first (the notice shall specify the date of impoundment and/or destruction); and
2. That the person shall be responsible for the cost of impounding, kenneling and destroying the animal; and
3. That the person has the right to appeal the determination of (a) dangerous animals, or (b) failure to properly keep a dangerous animal by requesting a hearing within seven days from the date appearing in the notice.
F. 1. If a request for hearing is timely received by the city, then a hearing shall be held within five days of the request, before a panel of three appointed by the city council, which panel shall be comprised of the chief of police, or his representative, and two council members. At the hearing the appellant shall be allowed to present such evidence as he or she so desires. The panel shall issue its findings in writing within 24 hours.
2. If the animal is found to be a dangerous dog, within five days of the determination, then the dog shall be forthwith destroyed, unless a certificate of registration as provided in CMC 6.10.040 or 6.10.045 is issued. All costs of impound, kenneling and destroying the animal shall be assessed against the appellant; provided further, that in the event that the animal has not been impounded, and a certificate of registration is not issued within five days, the animal shall be impounded and destroyed forthwith.
3. If the animal is found not to be a dangerous dog, then the animal shall be released to the appellant and the cost of impound and kenneling shall be paid by the city, unless such impounding was permitted under any other Colville city ordinance.
4. If no request is received within the times specified herein the animal shall be humanely destroyed, or impounded and humanely destroyed forthwith.
G. The animal control officer is authorized to immediately take possession, impound and/or require the owner to surrender any previously registered dangerous animal that is not being kept and/or controlled in accordance with this chapter. The officer may destroy the animal after three working days, unless restrained by a superior court order which shall require a cash bond of not less than $700.00 to cover the costs of impound and kenneling of the animal. (Ord. 1262 NS § 6, 2002; Ord. 1074 NS § 3, 1993; Ord. 1021 NS § 5, 1990; Ord. 985 NS § 5, 1987).
6.10.060 General duty.
Nothing 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 local citizenry. (Ord. 1021 NS § 6, 1990; Ord. 985 NS § 6, 1987).
6.10.070 Exempt dogs.
A dog in the control of a law enforcement official for law enforcement purposes shall not be deemed a dangerous dog. (Ord. 1021 NS § 7, 1990; Ord. 985 NS § 7, 1987).
6.10.080 Liability insurance requirement.
Repealed by Ord. 1262 NS. (Ord. 1021 NS § 8, 1990; Ord. 985 NS § 8, 1987).
6.10.090 Violation – Penalty.
Any person, firm or corporation violating the provisions of this chapter 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. 985 NS § 9, 1987).