Chapter 6.10
DANGEROUS AND POTENTIALLY DANGEROUS DOGS
Sections:
6.10.020 Declaring dog as potentially dangerous.
6.10.030 Appealing the declaration of potentially dangerous dog.
6.10.040 Permits for potentially dangerous dogs.
6.10.050 Declaring dog as dangerous.
6.10.060 Appealing the declaration of dangerous dog.
6.10.070 Permits for dangerous dogs.
6.10.080 Confinement of potentially dangerous or dangerous dog.
6.10.090 Notification of status of potentially dangerous or dangerous dog.
6.10.100 Relocating a potentially dangerous or dangerous dog from another jurisdiction.
6.10.110 Vacating a dangerous or potentially dangerous dog declaration.
6.10.010 General provisions.
A. Definitions. In construing the provisions of this chapter, unless the context clearly requires otherwise, the definitions in EMC 6.01.020 shall apply. In addition, the following definitions shall apply to each reference to the following words or phrases:
1. “Dangerous dog” means any dog that: (a) inflicts severe injury on or kills a human being without provocation, or (b) inflicts severe injury on or kills an animal without provocation while the animal inflicting the injury is off the property where its owner resides, or (c) has been previously found to be potentially dangerous, the owner having received notice of such, and the animal again aggressively bites, attacks or endangers the safety of humans or other animals. Any dog which inflicts injury to a human or animal while trespassing on the property of another is the presumed provoker, unless such presumption is overcome by the preponderance of the evidence.
2. “Director” means the police chief of the city or the police chief’s designee.
3. “District court” means the court designated by the city to handle appeals of dangerous dog and potentially dangerous dog declarations.
4. “Exhaustion of the appeal process” means that the owner has declined and/or failed to appeal the matter further or has exhausted all appeal options.
5. “Muzzle” means a muzzle 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.
6. “Potentially dangerous dog” means any dog that without provocation: (a) bites a human, domestic animal, or livestock either on public or private property; or (b) chases or approaches a person upon the streets, sidewalks, or any public grounds or private property in a menacing fashion or apparent attitude of attack; or (c) any dog with a known propensity, tendency, or disposition to attack unprovoked or to cause injury or otherwise to threaten the safety of humans, domestic animals, or livestock on any public or private property.
7. “Premises” means the registered owner’s current address that has been inspected and approved by the animal control authority.
8. “Proper enclosure” means, while on the owner’s property, the animal shall be 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. Such pen or structure shall have a locking door with a padlock, secure sides, a concrete floor or, if the pen or structure has no bottom secured to the sides, then the sides must be embedded in the ground no less than one foot and a secure top attached to the sides, and shall also provide protection from the elements for the animal. The structure must comply with all applicable provisions of the local building and zoning codes.
9. “Warning sign” means a clearly visible and conspicuously displayed sign containing words and a symbol (to inform children or others incapable of reading) warning that there is a dangerous animal on the property.
Except where otherwise plainly declared or clearly apparent from the context, words used in this chapter shall be given their common and ordinary meaning.
B. Calculating Deadlines. If the deadline to comply with any requirement of this chapter falls on a day that the animal control authority is closed, the deadline shall be extended to the next day that the animal control authority is open to the public.
C. All notices, declarations, and final determinations required to be served on an owner shall be served in one of the following methods:
1. Certified mail, return receipt requested, and regular mail to owner’s last known address; or
2. Personally; or
3. If the owner cannot be located after diligent attempts to serve the owner by one of the first two methods, by posting the declaration in a conspicuous place at the owner’s last known address.
When service is accomplished by mail pursuant to subsection (C)(1) of this section, service shall be considered complete on the third day after the item is postmarked.
D. This chapter does not apply to dogs used by law enforcement officials for police work. (Ord. 20-577 § 2 (Exh. A)).
6.10.020 Declaring dog as potentially dangerous.
A. The animal control 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 this chapter and the exclusions contained in this section do not apply.
1. The written finding must be based upon:
a. 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 potentially dangerous dog; or
b. Dog bite reports filed with the animal control authority; or
c. Actions of the dog witnessed by any animal control officer or law enforcement officer; or
d. Other substantial evidence.
2. 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.
B. Notice to Declare. If any animal control officer determines there is probable cause to declare a dog potentially dangerous, the animal control authority must provide the dog owner with notice that the dog will be declared potentially dangerous. Fifteen days after the notice is served, unless such notice is otherwise rescinded by the animal control authority or the director, the dog will be deemed potentially dangerous pursuant to this chapter.
1. Contents of Notice. The notice shall be in writing and shall include a description of the dog, the dog owner’s name and address (if known), the statutory basis for the declaration, the reasons the animal control authority considers the dog potentially dangerous, a statement that the dog is subject to permitting and other restrictions required by this chapter, including a recitation of the restrictions and requirements in EMC 6.10.040 (permitting), 6.10.080 (confinement), and 6.10.090 (notification), an explanation of the owner’s rights, the proper procedure for appealing the declaration, and the opportunity to meet with the director and give reasons or information as to why the dog should not be declared potentially dangerous. The meeting must be requested by the owner and must take place within 15 days of service of the notice. The director has authority to extend the 15-day deadline for the meeting under extenuating circumstances.
2. Restrictions. Upon service of the notice, the dog shall at all times be confined pursuant to EMC 6.10.080. Furthermore, the owner must comply with all requirements set forth in EMC 6.10.090.
3. Meeting. If, within 15 days after service of the notice, the owner requests a meeting with the director, the director shall notify the owner of the date, time, and location for such meeting. Within 15 days after the meeting, or on the date set for the meeting if the owner fails to attend, the director will determine whether the owner has established good cause for the notice to be rescinded or modified and shall serve the owner with a written letter explaining the director’s decision. The director may use discretion in modifying the notice by imposing other conditions and timelines if supported by the evidence presented at the meeting. If the director rescinds the notice, the dog will not be deemed potentially dangerous and no further action is required by the owner.
4. Effect of Notice. On the sixteenth day following service of the notice to declare, or on the day following the director’s determination if a meeting is requested pursuant to subsection (B)(3) of this section, unless said notice is rescinded by the animal control authority or the director, the dog shall be deemed potentially dangerous. (Ord. 20-577 § 2 (Exh. A)).
6.10.030 Appealing the declaration of potentially dangerous dog.
If the owner wishes to appeal the declaration of potentially dangerous dog:
A. The owner shall submit a written notice of appeal to the district court together with the applicable fee charged by the city in which the dog resides or is kept for dangerous dog appeals, and shall serve a copy of the same upon the city and the animal control authority within 15 calendar days of the day the dog is deemed to be potentially dangerous pursuant to the notice to declare described in EMC 6.10.020(B).
B. On appeal before the district court, the burden shall be on the city to prove the declaration of potentially dangerous dog is supported by a preponderance of the evidence. The district court shall set a hearing on the appeal with notice to all parties of the date, time, and location of the hearing.
C. The district court shall have the authority to make the following determination on appeal:
1. Rescind the declaration of potentially dangerous dog;
2. Uphold the declaration of potentially dangerous dog; or
3. Condition the declaration of potentially dangerous dog for a period not to exceed 12 months, at which time the municipal court shall conduct a review hearing to determine if sufficient evidence supports maintaining the declaration of potentially dangerous dog. During any period of conditional declaration, the owner shall obtain a potentially dangerous dog permit and comply with all provisions set forth in EMC 6.10.040 (permitting), 6.10.080 (confinement), and 6.10.090 (notification). The owner is responsible for requesting a review hearing at the end of the conditional declaration period. The conditional declaration shall remain in effect until it is revised or rescinded by the district court.
D. If the owner wishes to appeal the district court’s decision, the appeal must be filed with the clerk of the Pierce County superior court, and a copy of the appeal served upon the city and the animal control authority, within 15 calendar days of the date of the district court’s written decision.
E. While any appeal is pending, the provisions of EMC 6.10.080 and 6.10.090 shall apply. (Ord. 20-577 § 2 (Exh. A)).
6.10.040 Permits for potentially dangerous dogs.
A. It is unlawful for an owner to have a potentially dangerous dog in the city without a current permit issued under this section. Within 15 calendar days following either: (1) the expiration of the appeal deadline, if no appeal is filed, or (2) service of a decision affirming the declaration on appeal after exhaustion of the appeal process, the owner of a potentially dangerous dog shall obtain a permit from the animal control authority.
B. Permit Submittals. The animal control authority may issue a permit to the owner of a potentially dangerous dog if the owner completes the following and pays the permit fee:
1. Provides proof that the dog has been microchipped (and microchip number is provided);
2. Provides a current, color, digital photograph (in electronic format) each of the front and the profile/side of the dog (minimum three inches by five inches in size) for identification purposes;
3. Provides proof of current rabies vaccination;
4. Provides 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 $100,000, insuring the owner for any personal injuries or property damage inflicted by the potentially dangerous dog; and
5. Demonstrates the following to the animal control authority during an inspection of the premises:
a. The dog is confined in a proper enclosure;
b. There is a conspicuously posted and clearly visible warning sign;
c. The dog is wearing a current license tag; and
d. Possession of a muzzle for the dog. The muzzle must be available at the time of inspection.
The inspection by the animal control authority, and any reinspections that may be necessary, must be scheduled within 10 calendar days after the end of the 15-day appeal deadline, if no appeal is made, or service of a decision affirming the declaration on appeal after exhaustion of the appeal process, if an appeal is made. An owner who fails to pass inspection shall pay a $50.00 reinspection fee per occurrence. Reinspection must occur during the prescribed 10-calendar-day period.
C. Permit Renewal. The owner of a potentially dangerous dog shall renew the potentially dangerous dog permit annually and within 30 days of the expiration of the permit. To renew the permit, the owner must provide the following to the animal control authority:
1. Proof of current rabies vaccination;
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 $100,000, insuring the owner for any personal injuries and property damage inflicted by the potentially dangerous dog; and
3. Payment of the renewal fee.
D. With no less than 48 hours’ notice, the animal control authority has the right to inspect the premises and ensure adherence to the requirements herein. (Ord. 20-577 § 2 (Exh. A)).
6.10.050 Declaring dog as dangerous.
A. The animal control authority may find and declare a dog dangerous if any animal control officer has probable cause to believe that the dog falls within the definitions set forth in this chapter and the exclusions contained in this section do not apply. The written 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 dangerous dog; 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. Notice to Declare. If any animal control officer determines there is probable cause to declare a dog dangerous, the animal control authority must provide the dog owner with notice that the dog will be declared dangerous. Fifteen days after the notice is served, unless such notice is otherwise rescinded by the animal control authority or the director, the dog will be deemed dangerous pursuant to this chapter.
1. Contents of Notice. The notice shall be in writing and shall include a description of the dog, the dog owner’s name and address (if known), the statutory basis for the declaration, the reasons the animal control authority considers the dog dangerous, a statement that the dog is subject to permitting and other restrictions required by this chapter, including a recitation of the restrictions in EMC 6.10.070 (permitting), 6.10.080 (confinement), and 6.10.090 (notification), an explanation of the owner’s rights, the proper procedure for appealing the declaration, and the opportunity to meet with the director and give reasons or information as to why the dog should not be declared dangerous. The meeting must be requested by the owner and must take place within 15 days of service of the notice. The director has authority to extend the 15-day deadline for the meeting under extenuating circumstances.
2. Restrictions. Upon service of the notice, the dog shall at all times be confined pursuant to EMC 6.10.080. Furthermore, the owner must comply with all requirements set forth in EMC 6.10.090.
3. Meeting. If, within 15 days after service of the notice, the owner requests a meeting with the director, the director shall notify the owner of the date, time, and location for such meeting. Within 15 days after the meeting, or on the date set for the meeting if the owner fails to attend, the director will determine whether the owner has established good cause for the notice to be rescinded or amended from dangerous to potentially dangerous, and shall serve the owner with a written letter explaining the director’s decision. If the director rescinds the notice, the dog will not be deemed dangerous and no further action is required by the owner. The director may use discretion in amending the notice by imposing other conditions and timelines if supported by the evidence presented at the meeting. If the director amends the notice to declare from dangerous to potentially dangerous, the same appeal period applies as if the notice to declare had not been amended.
4. Effect of Notice. On the sixteenth day following service of the notice to declare, or on the day following the director’s determination if a meeting is requested pursuant to subsection (C)(3) of this section, unless said notice is rescinded or amended by the animal control authority or the director, the dog shall be deemed dangerous. (Ord. 20-577 § 2 (Exh. A)).
6.10.060 Appealing the declaration of dangerous dog.
If the owner wishes to appeal the declaration of dangerous dog:
A. The owner shall submit a written notice of appeal to the district court together with the applicable fee charged by the city in which the dog resides or is kept for dangerous dog appeals, and shall serve a copy of the same upon the city and the animal control authority within 15 calendar days of the day the dog is deemed to be dangerous pursuant to the notice described in EMC 6.10.050(C).
B. On appeal before the district court, the burden shall be on the city to prove the declaration of dangerous dog is supported by a preponderance of the evidence. The district court shall set a hearing on the appeal with notice to all parties of the date, time, and location of the hearing.
C. The district court shall have the authority to make the following determination on appeal:
1. Rescind the declaration of dangerous dog;
2. Uphold the declaration of dangerous dog; or
3. Condition the declaration of dangerous dog for a period not to exceed 12 months, at which time the district court shall conduct a review hearing to determine if sufficient evidence supports maintaining the declaration of dangerous dog. During any period of conditional declaration, the owner shall obtain a dangerous dog permit and comply with all provisions set forth in EMC 6.10.070 (permitting), 6.10.080 (confinement), and 6.10.090 (notification). The owner is responsible for requesting a review hearing at the end of the conditional declaration period. The conditional declaration shall remain in effect until it is revised or rescinded by the municipal court.
D. If the owner wishes to appeal the district court’s decision, the appeal must be filed with the clerk of the Pierce County superior court, and a copy of the appeal served upon the city and the animal control authority, within 15 calendar days of the date of the district court’s written decision.
E. While any appeal is pending, the provisions of EMC 6.10.080 and 6.10.090 shall apply. (Ord. 20-577 § 2 (Exh. A)).
6.10.070 Permits for dangerous dogs.
A. It is unlawful for an owner to have a dangerous dog in the city without a current permit issued under this section. Within 15 calendar days following either (1) the expiration of the appeal deadline, if no appeal is filed, or (2) service of a decision affirming the declaration on appeal after exhaustion of the appeal process, the owner of a dangerous dog shall obtain a permit from the animal control authority.
B. Permit Submittals. The animal control authority may issue a permit to the owner of a dangerous dog if the owner completes the following and pays the permit fee:
1. Provides proof that the dog has been microchipped (and microchip number provided);
2. Provides a current, color, digital photograph (in electronic format) each of the front and the profile/side of the dog (minimum three inches by five inches in size) for identification purposes;
3. Provides proof of current rabies vaccination;
4. Provides 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, insuring the owner for any personal injuries and property damage inflicted by the dangerous animal;
5. Demonstrates the following to the animal control authority during an inspection of the premises:
a. The dog is confined in a proper enclosure;
b. There is a conspicuously posted and clearly visible warning sign;
c. The dog is wearing a current license tag; and
d. Possession of a muzzle for the dog. The muzzle must be available at the time of inspection.
The inspection by the animal control authority, and any reinspections, must be scheduled within 10 calendar days after the end of the 15-day appeal deadline, if no appeal is made, or service of a decision affirming the declaration on appeal after exhaustion of the appeal process, if an appeal is made. 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.
C. Permit Renewal. The owner of a dangerous dog shall renew the dangerous dog permit annually and no later than 30 days of the expiration of the permit. To renew the permit, the owner must provide the following to the animal control authority:
1. Proof of a current rabies vaccination;
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 $500,000, insuring the owner for any potential injuries and property damage inflicted by the dangerous dog; and
3. Payment of the renewal fee.
D. With no less than 48 hours’ notice, the animal control authority has the right to inspect the premises and ensure adherence to the requirements herein. (Ord. 20-577 § 2 (Exh. A)).
6.10.080 Confinement of potentially dangerous or dangerous dog.
Every dangerous or potentially dangerous dog must at all times be confined and controlled as follows:
A. On the premises in a proper enclosure;
B. In an area completely enclosed by a fence of sufficient height, substance, and condition to prevent the escape of the dog while under the direct, in person, supervision of a person 18 years or older who is capable of preventing the escape of the dog from the fenced area; or
C. If beyond the premises, then securely leashed and humanely muzzled while under the direct supervision of a person 18 years or older who is capable of controlling the dog, and any other restrictions deemed necessary by the animal control authority.
These restrictions apply while an appeal of the potentially dangerous dog declaration or dangerous dog declaration is pending. (Ord. 20-577 § 2 (Exh. A)).
6.10.090 Notification of status of potentially dangerous or dangerous dog.
A. The owner of a dog that has been declared potentially dangerous or dangerous dog shall immediately notify the animal control authority when such dog:
1. Is loose or unconfined; or
2. Has bitten or otherwise injured a human being or attacked another animal or livestock; or
3. Is sold or given away or dies; or
4. Is permanently relocated to another address; or
5. Is temporarily moved to another address for longer than 30 days.
B. 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. Prior to selling, moving, or giving the dog away, the owner shall also notify the new owner that the dog has been declared potentially dangerous or dangerous. The new owner shall comply with all of the requirements of this chapter.
These restrictions apply while an appeal of the potentially dangerous dog declaration or dangerous dog declaration is pending. (Ord. 20-577 § 2 (Exh. A)).
6.10.100 Relocating a potentially dangerous or dangerous dog from another jurisdiction.
It is unlawful to relocate for longer than 30 days a dog into the city that has been declared dangerous or potentially dangerous by any animal control authority, hearing examiner, municipality or court without providing 48 hours’ notice to the animal control authority of the intent to bring the dog into the city. Prior to bringing the dog into the city, all conditions and provisions for permitting of such a dangerous or potentially dangerous dog must be met by the owner. Such dog shall be confined at all times pursuant to EMC 6.10.080. (Ord. 20-577 § 2 (Exh. A)).
6.10.110 Vacating a dangerous or potentially dangerous dog declaration.
Three years after a dog has been declared potentially dangerous or dangerous, the owner may request that the animal control authority vacate the declaration by serving such a request to the animal control authority. A vacancy shall not be considered unless the dog has been in compliance and has no violations of the restrictions and permitting requirements imposed as a result of the declaration for a minimum of three years. The animal control authority may vacate the declaration if it determines that the declaration is no longer appropriate as a result of a change in the dog’s behavior due to age, health, training, and/or other factors. It is the owner’s burden to provide information to the animal control authority in support of vacating the declaration. There shall be no appeal from the animal control authority’s decision in response to a request to vacate a declaration. (Ord. 20-577 § 2 (Exh. A)).
6.10.120 Violations.
A. Criminal Penalties. It shall be unlawful for any person owning or harboring or having care of a potentially dangerous dog or dangerous dog to allow or permit such dog to be in violation of EMC 6.10.040(A) (permitting for potentially dangerous dogs), 6.10.070(A) (permitting for dangerous dogs), 6.10.080 (confinement), 6.10.090(B) (notification), and 6.10.100 (relocating). Any such person found to be in violation of these provisions shall, upon conviction thereof, be found guilty of a gross misdemeanor punishable by imprisonment in jail of no more than 364 days or by fine of not more than $5,000, or both.
In addition, and upon conviction, the court may order the seizure, impoundment, and/or forfeiture of any dog which is the subject of the criminal proceedings. 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 dog represents a continuing threat of serious harm to human beings or domestic animals. The court shall order any person convicted under this section to pay all costs of confinement, control, and/or destruction, including any necessary veterinary fees and the daily boarding fees.
B. Seizure, impoundment, and/or euthanasia is authorized pursuant to the procedures outlined in this section.
1. When the animal control authority determines that a dog is in violation of any provision of this chapter, the animal control authority is authorized to immediately seize and impound such dog. The animal control authority shall serve the dog’s owner with a written notice of the impoundment stating the reason for the impoundment, that the owner is responsible for payment of costs to control, and that the dog will be destroyed in an expeditious and humane manner if the violations for which the dog was confiscated are not corrected within 15 days.
2. The animal control authority is authorized, but not required, to grant the owner an extension of time to correct the violation before destruction of the dog.
3. The owner shall pay all costs of confinement and control, including any necessary veterinary fees and the daily boarding fees before the dog may be redeemed by the owner.
4. The animal control authority will destroy the dog in an expeditious and humane manner if the animal control authority has provided notice to the dog’s owner as required by this section, and the dog’s owner does not comply with the deadline for the correction of deficiencies. The dog’s owner shall be responsible to pay all costs of confinement, boarding, control and/or destruction of the dog, including any necessary veterinary fees.
C. In addition to the provisions of subsection (B) of this section, while an appeal is pending, the animal control authority is authorized to immediately seize and impound the dog for the remainder of the appeal process when the animal control authority determines that the dog is in violation of EMC 6.10.080 (confinement) or that the dog has inflicted a bite upon another animal or person. The owner shall pay all costs of confinement and control, including any necessary veterinary fees and the daily boarding fee. All costs must be paid before the dog may be redeemed by the owner. (Ord. 20-577 § 2 (Exh. A)).