Chapter 6.10
DANGEROUS AND POTENTIALLY DANGEROUS DOGS
Sections:
6.10.010 Declaration of dogs as potentially dangerous – Procedure.
6.10.020 Permits and fees.
6.10.030 Confinement and identification of potentially dangerous dogs.
6.10.035 Notification of status of potentially dangerous or dangerous dog.
6.10.040 Declaration of animals as dangerous – Procedure.
6.10.045 Permits and fees for dangerous dogs.
6.10.050 Possession of a dangerous or potentially dangerous dog where prohibited.
6.10.055 Relocation of dangerous or potentially dangerous dogs without proper notice.
6.10.060 Penalty for violation.
6.10.010 Declaration of dogs as potentially dangerous – Procedure.
A. The animal control authority shall classify potentially dangerous dogs. If the declaration required at the time of license application regarding having not been declared a potentially dangerous dog is found to be untrue, the license shall be revoked with the provisions of this chapter taking effect. The authority may find and declare a dog potentially dangerous if any animal control officer has probable cause to believe that the dog falls within the definitions set forth in SMC 6.04.020(T). The written finding must be based upon:
1. The written complaint of a citizen who is willing to testify that the dog has acted in a manner which causes it to fall within the definition of SMC 6.04.020(T); or
2. Dog bite reports filed with the animal control authority; or
3. Actions of the dog witnessed by any animal control officer or law enforcement officer; or
4. Other substantial evidence.
B. Exclusions. A dog may not be declared potentially dangerous if the animal control authority determines, by a preponderance of the evidence, that the threat, injury, or bite alleged to have been committed by the dog was sustained by a person who was at the time committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or who was tormenting, abusing, or assaulting the animal, or who has been in the past observed or reported to have tormented, abused, or assaulted the dog, or who was committing or attempting to commit a crime.
C. The declaration of potentially dangerous dog shall be in writing and shall be served on the owner in one of the following methods:
1. Certified mail to owner’s last known address; or
2. Personally; or
3. If the owner cannot be located by one of the first two methods, by publication in a newspaper of general circulation.
D. The declaration shall state at least:
1. The description of the dog.
2. The name and address of the owner of the dog, if known.
3. The whereabouts of the dog if it is not in the custody of the owner.
4. The facts upon which the declaration of potentially dangerous dog is based.
5. The availability of a hearing in case the person objects to the declaration, if a request is made within 10 days.
6. The restrictions placed on the dog as a result of the declaration of potentially dangerous dog. The restrictions shall include confinement of the dog from the time the declaration is served to the dog owner.
7. The penalties for violation of the restrictions, including the possibility of destruction of the dog, and imprisonment or fining of the owner.
E. If the owner of the dog wishes to object to the declaration of potentially dangerous dog:
1. The owner may request a hearing before the director of the animal control authority or the director’s designee by submitting a written request and payment of a $25.00 administrative review fee to the animal control authority within 10 days of receipt of the declaration, or within 10 days of the publication of the declaration pursuant to subsection C of this section.
2. If the director or the director’s designee finds that there is insufficient evidence to support the declaration, it shall be rescinded, and the restrictions imposed thereby annulled.
3. If the director or the director’s designee finds sufficient evidence to support declaration, the owner may appeal such decision pursuant to city of Sumner hearing examiner, chapter 2.58 SMC; provided, that the appeal and the payment of appeal fee of $75.00 must be submitted to the animal control authority within 10 working days after the director or the director’s designee finds sufficient evidence to support the declaration. The hearing examiner shall have the authority to enter the following finding:
a. Deny the designation as potentially dangerous;
b. Uphold the designation as potentially dangerous; or
c. Condition the designation as potentially dangerous for a period not to exceed 12 months, at which time the hearing examiner shall review the designation to determine if sufficient evidence to maintain the designation continues to exist. The hearing examiner shall require that during the period of conditional designation the owner shall comply with all provisions set forth in SMC 6.10.020 and 6.10.030.
4. An appeal of the hearing examiner’s decision must be filed in superior court within 15 calendar days of the date of the hearing examiner’s written decision.
5. During the entire appeal process, it shall be unlawful for the owner appealing the declaration of potentially dangerous dogs to allow or permit such dog to:
a. Be unconfined on the premises of the owner; or
b. Go beyond the premises of the owner unless such dog is securely leashed and humanely muzzled or otherwise securely restrained.
6. During the entire appeal process, should the owner fail to follow the restrictions outlined in subsection (E)(5) of this section, the animal control authority is authorized to seize and impound such dog for the remainder of the appeal process. The owner shall be responsible for the daily boarding fee outlined in SMC 6.04.030(B). (Ord. 2281 § 4 (part), 2008)
6.10.020 Permits and fees.
A. Following a declaration of a potentially dangerous dog and the exhaustion of the appeal therefrom, the owner of a potentially dangerous dog shall obtain a permit for such dog from the animal control authority. In addition, the owner of a potentially dangerous dog shall pay an annual renewal fee for such permit. See SMC 6.04.030(B), dog and cat licensing fees.
B. Should the owner of a potentially dangerous dog fail to obtain a permit for such dog from the animal control authority or to appeal the declaration of potentially dangerous dog, the animal control authority is authorized to seize and impound such dog and, after notification to the owner, hold the dog for a period of no more than five days before destruction of such dog by the animal control authority.
C. Ownership Requirements.
1. It is unlawful for an owner to have a potentially dangerous dog in the city without a permit issued under this section, except that this shall not apply to dogs used by law enforcement officials for police work.
2. The animal control authority of the city shall issue a permit to the owner of a potentially dangerous dog if the owner presents to the animal control unit sufficient evidence of:
a. A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog;
b. 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 $50,000, payable to any person injured by the vicious dog; or
c. 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 $50,000, insuring the owner for any personal injuries inflicted by the dangerous dog. (Ord. 2281 § 4 (part), 2008)
6.10.030 Confinement and identification of potentially dangerous dogs.
A. Following a declaration of a potentially dangerous dog and the exhaustion of the appeal therefrom, it shall be unlawful for the person owning or harboring or having care of such potentially dangerous dog to allow and/or permit such dog to:
1. Be unconfined on the premises of such person in a proper enclosure; see SMC 6.04.020(CC).
2. Go beyond the premises of such person unless such dog is securely leashed and humanely muzzled or otherwise securely restrained.
B. Potentially dangerous dog(s) must be tattooed or have a microchip implanted for identification. Identification information must be on record with the animal control authority. (Ord. 2281 § 4 (part), 2008)
6.10.035 Notification of status of potentially dangerous or dangerous dog.
The owner of a dog that has been classified as a potentially dangerous or dangerous dog shall immediately notify the animal control authority when such dog:
A. Is loose or unconfined; or
B. Has bitten or otherwise injured a human being or attacked another animal or livestock; or
C. Is sold or given away or dies; or
D. Is moved to another address.
At least 48 hours prior to a potentially dangerous or dangerous dog being sold, moved or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control authority. The new owner shall comply with all of the requirements of this chapter. (Ord. 2324 § 14, 2010: Ord. 2281 § 4 (part), 2008)
6.10.040 Declaration of animals as dangerous – Procedure.
A. If the declaration required at the time of license application is found to be untrue regarding having not been declared a dangerous dog, the license shall be revoked with the provisions of this chapter taking effect. The animal control authority shall have the ability to declare an animal as dangerous if there is probable cause to believe the dog falls within the definitions set forth in SMC 6.04.020(U) The finding must be based upon:
1. The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of SMC 6.04.020(U); or
2. Dog bite reports filed with the animal control authority; or
3. Actions of the dog witnessed by any animal control officer or law enforcement officer; or
4. Other substantial evidence.
B. Exclusions. A dog shall not be declared dangerous if the animal control authority determines, by a preponderance of the evidence, that the threat, injury, or bite alleged to have been committed by the dog was sustained by a person who was at the time committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or who was tormenting, abusing, or assaulting the dog, or who has been in the past observed or reported to have tormented, abused, or assaulted the dog, or who was committing or attempting to commit a crime.
C. The declaration of a dangerous dog shall be in writing and shall be served on the owner in one of the following methods:
1. Certified mail to the owner’s last known address; or
2. Personally; or
3. If the owner cannot be located by one of the first two methods, by publication in a newspaper of general circulation.
D. The declaration shall state at least:
1. The description of the dog.
2. The name and address of the owner of the dog, if known.
3. The whereabouts of the dog if it is not in the custody of the owner.
4. The facts upon which the declaration of dangerous dog is based.
5. The availability of an appeal in case the person objects to the declaration, if a request is made within 10 calendar days.
6. The restrictions placed on the dog as a result of the declaration of a dangerous dog.
7. The penalties for violation of the restrictions, including the possibility of destruction of the dog, and imprisonment or fining of the owner.
E. If the owner of the dog wishes to object to the declaration of a dangerous dog:
1. The owner may request a hearing before the director or director’s designee by submitting a written request and payment of a $25.00 administrative review fee to the animal control authority or its designee within 10 calendar days of receipt of the declaration, or within 10 calendar days of the publication of the declaration pursuant to subsection C of this section.
2. If the director or designee finds that there is insufficient evidence to support the declaration, it shall be rescinded, and the restrictions imposed thereby annulled.
3. If the director or designee finds sufficient evidence to support declaration, the owner may appeal such decision pursuant to city of Sumner hearing examiner code, chapter 2.58 SMC; provided, that the appeal and the payment of an appeal fee of $250.00 must be submitted to the animal control authority within 10 calendar days after the finding of sufficient evidence by the animal control authority or its designee.
4. An appeal of the hearing examiner’s decision must be filed in superior court within 15 calendar days of the date of the hearing examiner’s written decision.
5. 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:
a. Be unconfined on the premises of the owner; or
b. Go beyond the premises of the owner unless such dog is securely leashed, under the control of a competent adult and humanely muzzled or otherwise securely restrained.
F. In the case wherein a dog is found to be a dangerous animal pursuant to the procedures in this section because the dog killed or severely injured a human being without provocation, after the exhaustion of appeal therefrom, the dangerous dog shall be forfeited to the animal control authority and be humanely euthanized.
G. During the entire appeal process, should the owner fail to follow the restrictions outlined in this section, the animal control authority is authorized to seize and impound such dog for the remainder of the appeal process. The owner shall be responsible for the daily boarding fee outlined in SMC 6.04.030(B). (Ord. 2281 § 4 (part), 2008)
6.10.045 Permits and fees for dangerous dogs.
Following the declaration of a dangerous dog and the exhaustion of the appeal therefrom, the owner of a dangerous dog shall obtain a permit for such dog from the animal control authority or its designee. In addition, the owner of a dangerous animal shall pay an annual renewal fee for such permit. See SMC 6.04.030(B) for associated fees.
Should the owner of a dangerous dog fail to obtain a permit for such dog or to appeal the declaration of a dangerous dog, the animal control authority is authorized to seize and impound such animal and, after notification to the owner, hold the dog for a period of no more than five days before destruction of such animal.
A permit will be issued to the owner of a dangerous dog upon payment of the permit and inspection fees if the owner is able to pass a site inspection within the prescribed time frame below by meeting the following inspection criteria:
A. A proper enclosure of the animal with a posted warning sign as defined in SMC 6.04.020(CC) and (DD).
B. Proof that either:
1. The dog has been microchipped (and microchip number is provided); or
2. The dog has an identifying tattoo, either inside the left ear or inside the left, rear, upper thigh of the dog and a color, digital photo of the tattoo (in electronic format) is provided to the animal control authority for identification purposes;
C. Two current, color, digital photographs (in electronic format) of the animal (minimum three inches by five inches in size), for identification purposes;
D. Proof of current rabies vaccination;
E. Proof the animal has been spayed or neutered;
F. Proof of 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 $500,000 (with city of Sumner listed as the certificate holder), insuring the owner for any personal injuries inflicted by the dangerous animal, or proof of 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 $500,000 and payable to any person injured by the dangerous animal;
G. Animal must be humanely muzzled, as defined in SMC 6.04.020(EE), when outside of its primary residence;
H. Animal must wear a brightly colored collar (not less than two inches in width) with current license tag at all times. Muzzle and collar must be available at time of inspection. An owner who fails to pass inspection will be subject to a $50.00 reinspection fee per occurrence. Reinspection must occur during the prescribed 10-calendar-day period. (Ord. 2281 § 4 (part), 2008)
6.10.050 Possession of a dangerous or potentially dangerous dog where prohibited.
It is unlawful to bring a dog into Sumner that has been declared to be dangerous or potentially dangerous by any other agency, animal control authority, hearing examiner, municipality or court without providing 48 hours’ notice of the intent to bring the dog into the city of Sumner to the animal control authority. Prior to bringing the dog into the city of Sumner, all conditions and provisions for licensing such a dangerous or potentially dangerous dog in the city of Sumner must be met by the owner and the owner must also comply with any and all conditions and restrictions imposed by any other agency, animal control authority, hearing examiner, municipality or court which originally had declared the dog as potentially dangerous or dangerous. The owner of such dog shall be deemed guilty under circumstances evidencing that the dog was intentionally brought into Sumner by the owner or at the request or acquiescence of the owner without following the provisions of this section, and shall be guilty of a gross misdemeanor.
Should the owner of a potentially dangerous or dangerous dog fail to obtain a permit for such dog, the animal control authority is authorized to seize and impound such dog and, after notification to the owner, hold the dog for a period of no more than five days before destruction of such dog by the animal control authority. If the owner can meet the licensing requirements within five days, they may redeem their dog after paying all associated impound, boarding, and licensing fees. (Ord. 2324 § 15, 2010)
6.10.055 Relocation of dangerous or potentially dangerous dogs without proper notice.
When a dog has been declared dangerous or potentially dangerous by any agency, animal control authority, hearing examiner, municipality or court for the city of Sumner, the owner of such dog shall be guilty of a gross misdemeanor if such animal is thereafter found to have been moved to a location other than as registered with the animal control authority without notice as indicated in SMC 6.10.035. Nothing in this section relieves the owner from fully complying with any conditions, regulations, or provisions imposed by the agency, animal control authority, hearing examiner, municipality or court for the city of Sumner. (Ord. 2324 § 16, 2010)
6.10.060 Penalty for violation.
Any person who violates a provision of this chapter, shall, upon conviction thereof, be found guilty of a gross misdemeanor. In addition, any person found guilty of violating this chapter shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the dog or boarding and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expenses as may be required for the destruction of any such dog; provided, that any potentially dangerous and/or dangerous dog which is in violation of the restrictions contained herein or restrictions imposed as part of a declaration as a potentially dangerous or dangerous dog shall be seized and impounded. Furthermore, any potentially dangerous or dangerous dog which attacks a human being, domestic animal, or livestock may be ordered destroyed when, in the court’s judgment, such dangerous dog represents a continuing threat of serious harm to human beings or domestic animals. (Ord. 2324 § 17, 2010; Ord. 2281 § 4 (part), 2008. Formerly 6.10.050)