8.18.070 Penalties.

Notwithstanding the provisions of this code, and in addition to the penalties prescribed therein:

(1)    Any dangerous dog may be immediately confiscated if:

(a)    The dog is not validly licensed under Section 8.18.030;

(b)    The owner does not secure and maintain the liability insurance coverage required under Section 8.18.060;

(c)    The dog is not maintained in a proper enclosure;

(d)    The dog is outside of the dwelling of the owner, or outside of the property enclosure and not under physical restraint of the responsible person.

In addition, the owner shall be guilty of a gross misdemeanor pursuant to Chapter 16.08 RCW. The owner of any dog confiscated under this subsection may recover such dog from the animal protection and control program upon the payment of a civil fine which shall be in the amount of two hundred fifty dollars ($250) plus impoundment fees as outlined in Section 8.19.060 for each day said dog has been in the control of the animal protection and control program; PROVIDED, HOWEVER, that in the event the owner has not picked up the dangerous dog within ten (10) days of being notified by the animal protection and control program that such dog is under the control of such program, the dog shall be destroyed in an expeditious and humane manner.

(2)    If a dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person or domestic animal, the dog’s owner is guilty of a Class C felony, pursuant to Chapter 16.08 RCW. In addition, the dangerous dog shall be immediately confiscated by an animal control officer, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.

(3)    The owner of any dog that aggressively attacks and causes severe injury or death of any human, regardless of whether there has been any previous determination of whether such dog is potentially dangerous or dangerous, shall be guilty of a Class C felony pursuant to Chapter 16.08 RCW. In addition, the dog shall be immediately confiscated by an animal control officer, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.

(4)    The foregoing provisions for humane destruction of dogs shall be subject to the appeal process of Section 8.19.080; PROVIDED, that a written appeal is filed with the animal protection and control program within five (5) days of the impoundment. (Sec. 18 of Ord. 1987-11-37; amended by Sec. 21 of Ord. 1993-08-13A; amended by Sec. 34 of Ord. 2016-11-13)