Chapter 6.36
POTENTIALLY DANGEROUS AND DANGEROUS DOGS
Sections:
6.36.020 Potentially dangerous dogs – Requirements to keep dog in city.
6.36.030 Potentially dangerous dogs – Failure to comply – Penalties – Misdemeanor.
6.36.040 Dangerous dogs – Requirements to keep a dangerous dog.
6.36.050 Dangerous dogs – Failure to comply – Penalties – Gross misdemeanor.
6.36.010 Potentially dangerous and dangerous dogs – Notice – Preliminary determination – Final determination.
A. Declaration of Preliminary or Final Determination. In making a preliminary or final determination that a dog is a potentially dangerous or dangerous dog as defined in BMC 6.04.020, the animal control authority shall serve notice of the determination upon the owner of the animal, if the owner is known.
B. Notice. Notice of the preliminary or final determination that a dog is a potentially dangerous or dangerous dog as defined in BMC 6.04.020 shall contain:
1. The name and address, if known, of the owner of the animal;
2. The license number, if available, and description of the animal; and
3. The statutory basis for the proposed action; a statement that the animal control authority has made a preliminary or final determination that the animal is a potentially dangerous or dangerous dog as defined in BMC 6.04.020; the reasons the authority considers the dog is potentially dangerous or dangerous; a statement that the dog is subject to registration and controls required by this chapter, including a recitation of the controls in BMC 6.36.020 and 6.36.040; and an explanation of the owner’s rights and of the proper procedure for appealing a decision finding the dog dangerous.
4. Service of notice shall be delivered personally, or by first class and certified mail with return receipt requested.
C. Preliminary Determination. Upon the issuance of a preliminary determination and within fifteen calendar days following service of notice, the owner of the animal declared to be a potentially dangerous or dangerous dog may meet with the animal control authority to state, orally or in writing, why the animal should not be declared a potentially dangerous or dangerous dog. If the owner actually meets with the animal control authority, any statements made at the meeting shall be considered by the animal control authority before making a final determination.
D. Final Determination. Within either fifteen calendar days of the animal control authority’s meeting with the animal’s owner pursuant to subsection C of this section, or within fifteen calendar days of the expiration of the fifteen-calendar-day period following service of the notice pursuant to subsection C of this section, the animal control authority shall issue its final determination. The final determination, unless timely appealed, shall be a final determination that the animal is a public nuisance. Notice of a final determination shall also include:
1. A recital of the authority for the action;
2. The signature of the person who made the determination;
3. A statement that the declaration of final determination concerning a potentially dangerous or dangerous dog is a final determination, unless appealed, and that an appeal must be filed within ten business days after the date of such final determination with the city clerk as provided in Chapter 1.20 BMC. (Ord. 433 § 1 (Exh. A) (part), 2016)
6.36.020 Potentially dangerous dogs – Requirements to keep dog in city.
If a final determination has been issued declaring a dog to be a potentially dangerous dog under the provisions of this chapter, then strict compliance with each of the following requirements is required to keep a potentially dangerous dog in the city:
A. The owner of a potentially dangerous dog shall provide for proper enclosure of a potentially dangerous dog as set forth in BMC 6.04.020, within twenty days of service upon an owner of a final determination that an animal is a potentially dangerous dog under this chapter. A potentially dangerous dog may not be outside the dwelling of the owner or outside of a proper enclosure for a potentially dangerous dog, unless muzzled and restrained by a substantial chain or leash and under the control of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog nor interfere with its vision or respiration but shall prevent it from biting any person or animal.
B. The owner of a potentially dangerous dog shall secure a fifty thousand dollar surety bond issued by a surety insurer qualified under Chapter 48.28 RCW and post such bond with the city of Brier, payable to any person injured by such dog, and payable to any owner of a domestic animal injured by such dog; or the owner shall secure liability insurance coverage, such as homeowner’s or renter’s insurance, issued by a surety insurer qualified under Chapter 48.28 RCW in the amount of fifty thousand dollars, insuring the dog owner for any injuries to any person or other domestic animal injured by such dog. Such surety bond or a copy of such liability insurance coverage reflecting prepaid premiums on such coverage for one year shall be provided to the animal control authority within twenty days of service upon an owner of a final determination that an animal is a potentially dangerous dog.
C. The owner of a potentially dangerous dog shall post the owner’s premises in two conspicuous places on the property with clearly visible warning signs that there is a potentially dangerous dog on the property, within twenty days of service upon an owner of a final determination that an animal is a potentially dangerous dog under this chapter. At least one of the signs shall display a warning symbol that informs children of the presence of a potentially dangerous dog.
D. In addition to any license required under the provisions of this chapter, all owners of potentially dangerous dogs must obtain a “City of Brier Potentially Dangerous Dog Certificate of Registration,” within twenty days of service upon an owner of a final determination, that an animal is a potentially dangerous dog under this chapter. The owner shall apply for such certificate upon forms supplied by the city clerk. Such certificate shall be issued upon payment by the owner of an annual fee established by resolution of the city council and upon certification by the animal control authority that the owner is in compliance with the provisions of this chapter. The certificate of registration shall reflect that the owner has:
1. Provided for proper enclosure of a potentially dangerous dog as required by subsection A of this section;
2. Posted a fifty thousand dollar surety bond with the city of Brier, or provided proof of fifty thousand dollars liability insurance coverage as required by subsection B of this section;
3. Posted the owner’s premises with warning signs as required by subsection C of this section; and
4. Paid the annual registration fee established by resolution of the city council.
E. The provisions of this section shall not apply to dogs used by law enforcement officials for police work. (Ord. 433 § 1 (Exh. A) (part), 2016)
6.36.030 Potentially dangerous dogs – Failure to comply – Penalties – Misdemeanor.
A. Failure to comply with one or more of the requirements set forth in BMC 6.36.020 is a misdemeanor punishable by ninety days imprisonment, a fine of one thousand dollars, or both.
B. Failure by an owner to exercise proper care and control over a dog, at any time after service of a final determination that the dog is a potentially dangerous dog under this chapter, is a misdemeanor punishable by ninety days imprisonment, a fine of one thousand dollars, or both, if the dog:
1. Inflicts bites on a human or a 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.
C. Failure by an owner to exercise proper care and control over a dog, where the dog has not previously been determined, either preliminarily or finally, to be a potentially dangerous dog, is a misdemeanor punishable by ninety days imprisonment, a fine of one thousand dollars, or both, if the dog:
1. Inflicts severe injury on a human being without provocation on public or private property; or
2. Kills a domestic animal without provocation while the dog is off the owner’s property.
D. It is an affirmative defense to charges brought under this section that the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort 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 or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime. (Ord. 433 § 1 (Exh. A) (part), 2016)
6.36.040 Dangerous dogs – Requirements to keep a dangerous dog.
If a final determination has been issued declaring a dog to be a dangerous dog under the provisions of this chapter, then strict compliance with each of the following requirements is required to keep a dangerous dog in the city of Brier:
A. The owner of a dangerous dog shall provide for proper enclosure of a dangerous dog as set forth in BMC 6.04.020, within twenty days of service upon an owner of a final determination that an animal is a dangerous dog under this chapter. A dangerous dog may not be outside the dwelling of the owner or outside of a proper enclosure for a dangerous dog, unless muzzled and restrained by a substantial chain or leash and under the control of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog nor interfere with its vision or respiration but shall prevent it from biting any person or animal.
B. The owner of a dangerous dog shall secure a two hundred fifty thousand dollar surety bond issued by a surety insurer qualified under Chapter 48.28 RCW and post such bond with the city of Brier, payable to any person injured by a dangerous dog, and payable to any owner of a domestic animal injured by a dangerous dog; or the owner shall secure liability insurance coverage, such as homeowner’s or renter’s insurance, issued by a surety insurer qualified under Chapter 48.28 RCW in the amount of two hundred fifty thousand dollars, insuring the dog owner for any injuries to any person or other domestic animal injured by a dangerous dog. Such surety bond or a copy of such liability insurance coverage reflecting prepaid premiums on such coverage for one year shall be provided to the animal control authority within twenty days of service upon an owner of a final determination that an animal is a dangerous dog under this chapter.
C. The owner of a dangerous dog shall post the owner’s premises in two conspicuous places on the property with clearly visible warning signs that there is a dangerous dog on the property, within twenty days of service upon an owner of a final determination that an animal is a dangerous dog under this chapter. At least one of the signs shall display a warning symbol that informs children of the presence of a dangerous dog.
D. In addition to any license required under the provisions of this chapter, all owners of dangerous dogs must obtain a “City of Brier Dangerous Dog Certificate of Registration,” within twenty days of service upon an owner of a final determination that an animal is a dangerous dog under this chapter. The owner shall apply for such certificate upon forms supplied by the city clerk. Such certificate shall be issued upon payment by the owner of an annual fee established by resolution of the city council and upon certification by the animal control authority that the owner is in compliance with the provisions of this chapter. The certificate of registration shall reflect that the owner has done the following:
1. Provided for proper enclosure of a dangerous dog as required by subsection A of this section;
2. Posted a two hundred fifty thousand dollar surety bond with the city of Brier, or provided proof of two hundred fifty thousand dollars liability insurance coverage as required by subsection B of this section;
3. Posted the owner’s premises with warning signs as required by subsection C of this section; and
4. Paid the annual registration fee established by resolution of the city council.
E. The provisions of this section shall not apply to dogs used by law enforcement officials for police work. (Ord. 433 § 1 (Exh. A) (part), 2016)
6.36.050 Dangerous dogs – Failure to comply – Penalties – Gross misdemeanor.
A. Failure to comply with one or more of the requirements set forth in BMC 6.36.040 is a gross misdemeanor punishable by three hundred sixty-five days imprisonment, fine of five thousand dollars, or both.
B. Failure by an owner to exercise proper care and control over a dog, at any time after service of a final determination that the dog is a dangerous dog under this chapter, is a gross misdemeanor punishable by three hundred sixty-five days imprisonment, a fine of five thousand dollars, or both, if the dog:
1. Inflicts severe injury on a human being without provocation on public or private property;
2. Kills a domestic animal without provocation while the dog is 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.
C. It is an affirmative defense to charges brought under this section that the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort 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 or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime. (Ord. 433 § 1 (Exh. A) (part), 2016)