Chapter 8.16 DANGEROUS AND POTENTIALLY DANGEROUS DOGS

The purpose of this chapter is to provide regulations and penalties for dangerous and potentially dangerous dogs and to promote the public health, safety, and general welfare in accordance with the standards established in this Title and set forth in chapter 16.08 RCW. [Ord. 1599 § 37, 2014.]

8.16.008 Authority.

This chapter is adopted pursuant to the general police powers granted to the City pursuant to chapter 35A.13 RCW and other applicable laws. [Ord. 1599 § 38, 2014.]

8.16.010 Special license and certificate required.

It is unlawful for an owner or keeper to harbor a potentially dangerous dog or dangerous dog in the City without first having obtained a special license and certificate of registration, that must be obtained within 30 days of the date of declaration as provided in DMMC 8.16.030. [Ord. 1599 § 39, 2014.]

8.16.020 Certificate – Issuance upon compliance.

A certificate of registration shall be issued by the City upon a showing of compliance with the following:

(1) Placement of a proper enclosure on the owner’s or keeper’s property to confine the dog and the posting on the premises where the dog is harbored of a clearly visible warning sign that there is a potentially dangerous or dangerous dog on the property; and

(2) A conspicuously displayed sign on the premises where the dog is harbored with a warning symbol that informs children or adults who cannot read of the presence of a potentially dangerous or dangerous dog; and either:

(3) For potentially dangerous dogs: a surety bond issued by a surety insurer qualified under chapter 48.28 RCW in a sum of not less than $100,000 payable to a person injured by the dog(s); or a policy of liability insurance issued by an insurer qualified under Title 48 RCW in an amount not less than $100,000, insuring the owner or keeper for personal injuries inflicted by the dog(s); or

(4) For dangerous dogs: a surety bond issued by a surety insurer qualified under chapter 48.28 RCW in a sum of not less than $250,000 payable to a person injured by the dog(s); or a policy of liability insurance issued by an insurer qualified under Title 48 RCW in an amount not less than $250,000, insuring the owner or keeper for personal injuries inflicted by the dog(s);

(5) A certificate issued to satisfy the insurance requirements of this chapter shall provide for written notice to the City within 30 days of cancellation, reduction of limits, or termination of coverage;

(6) Any unaltered dog may not be redeemed by any person or issued a certificate of registration until the dog is spayed or neutered. In all cases, the veterinarian fee shall be paid prior to the redemption of the dog by the dog’s owner or keeper. [Ord. 1599 § 40, 2014.]

8.16.030 Findings and declaration – Probable cause.

The animal control authority may find and declare an animal potentially dangerous or dangerous if it has probable cause to believe that the animal falls within the definition set forth in DMMC 8.04.020. For the purposes of this chapter, probable cause may include:

(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 in DMMC 8.04.020; or

(2) Dog bite reports filed with the animal control authority as required by this chapter or state law; or

(3) Actions of the dog witnessed by any animal control officer or law enforcement officer; or

(4) A verified report that the animal previously has been found to be either potentially dangerous or dangerous by any animal control authority; or

(5) Other substantial evidence admissible in a court of law. [Ord. 1599 § 41, 2014.]

8.16.040 Declaration – Service to owner in writing.

The declaration shall be in writing, and shall be served on the owner or keeper in one of the following methods:

(1) Certified mail to the owner’s or keeper’s last known address, if known; or

(2) Personally; or

(3) If the owner or keeper cannot be located by one of the first two methods, by publication in a newspaper of general circulation;

(4) The owner or keeper of any animal found to be a potentially dangerous or dangerous dog under this chapter shall be assessed all service costs expended under this section. [Ord. 1599 § 42, 2014.]

8.16.050 Declaration – Information required.

The declaration set forth in DMMC 8.16.040 shall state at least:

(1) A description of the animal;

(2) The name and address of the owner or keeper of the animal, if known;

(3) The whereabouts of the animal if it is not in the custody of the owner or keeper;

(4) The facts upon which the declaration is based;

(5) The availability of a hearing in case the person objects to the declaration, if a request is made within five days;

(6) The restrictions placed on the animal as a result of the declaration; and

(7) The penalties for violation of the restrictions, including the possibility of destruction of the animal, and imprisonment or fining of the owner or keeper. [Ord. 1599 § 43, 2014.]

8.16.060 Declaration – Appeal – Hearing – Procedure.

If the owner or keeper of the animal wishes to contest the declaration, the following procedures shall apply:

(1) The owner or keeper shall, within five days of receipt of the declaration, or within five days of the publication of the declaration pursuant to DMMC 8.16.040(3), request a hearing before the Municipal Court of the City. Failure to exhaust this administrative appeal process shall be a bar to further action in Superior Court. Any appeal taken from the decision of the Des Moines Municipal Court shall be in accordance with the Rules for Appeal of the Decisions of Courts of Limited Jurisdiction as presently constituted or as may be subsequently amended and designated.

(2) If the Des Moines Municipal Court finds by a preponderance of the evidence that the animal is dangerous or potentially dangerous, the declaration shall be affirmed.

(3) If the Des Moines Municipal Court does not find by a preponderance of the evidence that the animal is dangerous or potentially dangerous, the declaration shall be rescinded, and the restrictions imposed thereby annulled.

(4) If the Des Moines Municipal Court finds that the animal is not a potentially dangerous or dangerous dog, no costs shall be assessed against the City or the animal control authority or officer. [Ord. 1599 § 44, 2014.]

8.16.070 Declaration – Impoundment pending appeal.

Following service of a declaration of potentially dangerous or dangerous dog, and pending appeal under DMMC 8.16.060, the animal control authority may, if circumstances require, impound the animal at the owner’s or keeper’s expense, pursuant to the provisions of this chapter, until the Des Moines Municipal Court or a higher court of competent jurisdiction orders either its redemption or destruction. [Ord. 1599 § 45, 2014.]

8.16.080 Special license requirements – Fees and renewals.

The owner or keeper of a potentially dangerous or dangerous dog shall obtain a special license for such dog from the animal control authority, and shall be required to pay the fee for such license in the amount set forth in this chapter, or as may be subsequently amended. In addition, the owner or keeper of such dog shall pay an annual renewal fee for such license in the amount set forth in this chapter, or as may be subsequently amended. Annual renewal of any special license shall be conditioned on compliance with the requirements of this chapter. The animal control authority shall be authorized to prorate such fee for the remainder of the first year during which an animal becomes subject to the registration requirements of this chapter, if no question of registration or license avoidance exists. [Ord. 1599 § 46, 2014.]

8.16.090 Special license requirements – Information required.

The owner or keeper of a dog that is subject to a special license shall furnish the following information along with the appropriate special license fee:

(1) The animal’s age, weight, coloring, breed, and any other special identifying characteristics;

(2) Two three-by-five-inch color photographs of the animal;

(3) Proof of placement of a tattoo or microchip, consisting of the owner’s or keeper’s Social Security number or current contact information, in a location as deemed fit by a licensed veterinarian;

(4) Proof of current rabies vaccination for the animal; and either:

(5) For potentially dangerous dogs: a certification under penalty of perjury that the animal has not been previously found to be a potentially dangerous or dangerous dog; or

(6) For dangerous dogs: a certification under penalty of perjury that the animal has not been removed from another jurisdiction to avoid any penalties arising from the animal’s previous status. [Ord. 1599 § 47, 2014.]

8.16.100 Noncompliance with confinement regulation.

An owner or keeper of a potentially dangerous dog or dangerous dog who fails to comply with the requirements of this chapter related to confinement in a proper enclosure or posting of warning notices shall be guilty of a violation of this chapter. [Ord. 1599 § 48, 2014.]

8.16.110 Potentially dangerous dog – Failure to obtain license and certificate.

Any owner or keeper of a potentially dangerous dog who fails to obtain a special license and certificate of registration, or renewal, for such dog as required in this chapter shall be assessed a civil penalty or shall be guilty of a gross misdemeanor in accordance with DMMC 8.16.200; provided, however, that no prosecution shall be commenced until five days have elapsed from the date such owner or keeper is notified by the animal control authority that such license or renewal for such potentially dangerous dog is required, or until any appeal brought under that section has been completed, whichever is later. [Ord. 1599 § 49, 2014.]

8.16.120 Dangerous dog – Failure to obtain license and certificate.

Any owner or keeper of a dangerous dog who fails to obtain a special license and certificate of registration, or renewal, for such dog as required in this section shall be assessed a civil penalty or shall be guilty of a gross misdemeanor in accordance with DMMC 8.16.200; provided, however, that no prosecution shall be commenced until five days have elapsed from the date such owner or keeper is notified by the animal control authority that such license or renewal for such dangerous dog is required. [Ord. 1599 § 50, 2014.]

8.16.130 Impoundment for failure to obtain license or certificate.

Any dangerous dog or potentially dangerous dog for which a special license and certificate of registration, or renewal, has not been obtained by its owner or keeper, pursuant to DMMC 8.16.110 and 8.16.120, is subject to being impounded by the animal control authority. In addition to any other civil penalty imposed by this chapter, the owner or keeper of any potentially dangerous dog or dangerous dog so impounded shall be subject to a civil penalty in the amount of $20.00 per day for each day such dog remains impounded with the animal control authority. Any potentially dangerous dog or dangerous dog which is impounded due to the failure of the owner or keeper of such dog to obtain the required license or certificate of registration, and which remains impounded for a period of at least 20 days due to the failure of the owner or keeper to obtain such license or certificate of registration, or renewal, may be destroyed in an expeditious and humane manner by the animal control authority. [Ord. 1599 § 51, 2014.]

8.16.140 Immediate impoundment – Conditions warranting.

(1) Any dangerous dog shall and any potentially dangerous dog may be immediately impounded by an animal control authority if:

(a) The dog is not validly registered under this chapter; or

(b) The owner or keeper does not secure or maintain the liability insurance coverage required under this chapter; or

(d) The dog is outside of the dwelling of the owner or keeper, or outside of the proper enclosure, and not muzzled or under proper physical restraint by the responsible person; or

(e) The dog is otherwise in violation of registration or licensing provisions of this chapter.

(2) In addition to such impound, the owner or keeper of such animal shall be deemed guilty of a criminal offense and assessed a civil penalty or shall be guilty of a gross misdemeanor in accordance with DMMC 8.16.200; provided, however, that no prosecution shall be commenced until five days have elapsed from the date such owner or keeper is notified by the animal control authority that such license or renewal for such potentially dangerous dog is required, or until any appeal brought under that section has been completed, whichever is later. The owner or keeper of any dog impounded under this subsection may redeem such dog from the animal control authority only upon proof of a valid special license and registration, proof that all required conditions under this chapter have been met, and payment of $20.00 per day for each day such dog has been in the control of the animal control authority; provided, however, that in the event the owner or keeper has not redeemed such dog within 10 days of being notified of the impound, the dog shall be destroyed in an expeditious and humane manner and the owner or keeper shall be assessed an additional civil penalty in the amount of $50.00 for the cost of destroying such dog. [Ord. 1599 § 52, 2014.]

8.16.150 Impoundment for biting.

If a dog classified as a dangerous dog bites a person or another domestic animal, such dog shall be immediately impounded by the animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner. Any such animal which is deemed uncatchable by the animal control authority may be killed by such official if no other reasonable means of capture is available or such animal continues to be a threat to persons or domestic animals. Reasonable means of capture may include the use of tranquilizers which, depending upon the animal’s age, size, and physical condition, may cause death. The owner or keeper of any dangerous dog impounded and destroyed pursuant to this section shall be assessed, in addition to the actual costs of the quarantine, a civil penalty in the amount of $20.00 per day for each day such dangerous dog is quarantined by the animal control authority and in the amount of $50.00 for the cost of destroying such dangerous dog. [Ord. 1599 § 53, 2014.]

8.16.160 Dogs exempted – Effect of trespass or tort.

The requirements of this chapter related to potentially dangerous and dangerous dogs shall not apply to dogs registered for use by law enforcement officials for police work, whether or not such animal is maintained at its handler’s residence, or to animals held in quarantine by a licensed veterinarian. Further, dogs shall not be declared potentially dangerous or dangerous if 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 or keeper 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. 1599 § 54, 2014.]

8.16.170 Limitations on ownership of potentially dangerous dogs and dangerous dogs – Reporting requirements.

(1) It is unlawful for an owner or keeper of a potentially dangerous dog or dangerous dog to permit such animal to be outside the proper enclosure, unless the dog is muzzled and restrained by a substantial chain or leash not longer than 48 inches and under the physical control of a person 18 years of age or older who is capable of restraining such animal. The muzzle shall be constructed so that it will not cause injury to the dog or interfere with its vision or respiration. Such muzzle shall be constructed so that it will prevent the dog from biting any person or animal. Such dogs shall not be leashed or otherwise tied or tethered to inanimate objects, such as trees, posts, buildings, mailboxes, newspaper vending machines, and the like. Dangerous dogs and potentially dangerous dogs shall wear a bright orange collar, not less than two inches in width, at all times.

(2) It is unlawful for any person under the age of 18 years to own or keep a potentially dangerous or dangerous dog within the City limits.

(3) It is unlawful for any person to own or keep more than one potentially dangerous or dangerous dog within the City limits.

(4) It is unlawful to transfer ownership of a potentially dangerous or dangerous dog within the City limits unless the recipient has complied with the registration and licensing requirements of this chapter for such animal.

(5) It is unlawful to keep or maintain the offspring of a dangerous dog within the City for more than eight weeks following the birth of such offspring unless the offspring are registered as potentially dangerous dogs under this chapter.

(6) It is unlawful for the owner or keeper of any animal which is subject to any licensing requirements of the City to fail to report any bites or injuries suffered by any person or domestic animal as a result of an attack incident or other contact with such animal, regardless of the geographical location where such attack, incident or other contact occurs.

(7) It is unlawful for any owner or keeper of any dangerous or potentially dangerous dog to fail to immediately notify the animal control authority in writing of:

(a) The removal from the City or death of any dog registered under this chapter, including the address and contact information for the relocation of the dog outside the City limits; or

(b) The birth of offspring of any dog licensed under this chapter; or

(c) The new address of the owner or keeper of any dog registered under this chapter should such person move within the City limits.

(8) Failure to Comply. Any person who fails to comply with the mandatory or prohibitory provisions of this section shall be subject to the penalties as provided in DMMC 8.16.200. [Ord. 1599 § 55, 2014.]

8.16.180 Potentially dangerous dog, dangerous dog, special license fees.

(1) The special license fee for each potentially dangerous dog to be licensed under this chapter is $250.00. The annual renewal fee for each potentially dangerous dog licensed under this chapter is $100.00.

(2) The special license fee for each dangerous dog to be licensed under this chapter is $250.00. The annual renewal fee for each dangerous dog licensed under this chapter is $100.00. [Ord. 1599 § 56, 2014.]

8.16.190 Immunity.

The City, the animal control authority, and any animal control officer executing the responsibilities set forth in this chapter shall be immune from all civil liability for an action or actions taken pursuant to this chapter, or for failure to take action to enforce the provisions of this chapter. It is not the purpose or intent of this chapter to create on the part of the City, its officers, employees, agents, or volunteers a special duty or relationship toward a specific class of individuals. This chapter has been enacted for the safety and welfare of the public as a whole. [Ord. 1599 § 57, 2014.]

8.16.200 Violation – Penalty.

(1) No person shall violate or fail to comply with this chapter.

(2) A first violation of or failure to comply with this chapter within a 12-month period is a class 3 civil infraction.

(3) A second violation of or failure to comply with this chapter within a 12-month period is a class 1 civil infraction.

(4) A third or subsequent violation of or failure to comply with this chapter within a 12-month period is a gross misdemeanor. [Ord. 1599 § 58, 2014.]