Chapter 6.16
DANGEROUS OR POTENTIALLY DANGEROUS ANIMALS
Sections:
6.16.010 Ownership unlawful – Exception.
6.16.020 Dangerous animal or potentially dangerous dog – Determination.
6.16.030 Dangerous animals, dangerous dogs and potentially dangerous dogs – Registration required.
6.16.040 Requirements for restraint.
6.16.050 Dangerous animal, potentially dangerous dog or dangerous dog – Detention.
6.16.060 Appeal of animal control authority determinations.
6.16.010 Ownership unlawful – Exception.
It is unlawful to own a vicious animal other than a licensed guard or attack dog. (Ord. 862 § 1 (Exh. A), 2023)
6.16.020 Dangerous animal or potentially dangerous dog – Determination.
A. The animal control authority may determine that an animal is a dangerous animal as defined in Chapter 6.08 EMC.
B. The animal control authority may determine that a dog is a dangerous dog or a potentially dangerous dog as defined in Chapter 6.08 EMC. (Ord. 862 § 1 (Exh. A), 2023)
6.16.030 Dangerous animals, dangerous dogs and potentially dangerous dogs – Registration required.
A. It is unlawful for any person to have a dangerous animal, a dangerous dog or potentially dangerous dog, other than a licensed guard or attack dog, within the city without first obtaining a certificate of registration issued under this chapter. This prohibition shall not apply to any police dog as defined in RCW 4.24.410, to any facility processing or maintaining animals and which is owned, operated or maintained by any city, county, state or federal agency, nor to any licensed veterinary hospital in which an animal may be temporarily confined for treatment. The animal control authority may issue a special permit, not to exceed 30 days’ duration, for the keeping of a dangerous animal for shows or special exhibits.
B. A certificate of registration to have a dangerous animal, dangerous dog or potentially dangerous dog shall be issued by the animal control authority only upon receiving sufficient evidence that:
1. There is a secure enclosure to confine the animal which, during any absence of the owner or keeper, will safely confine the animal;
2. The premises are posted with clearly visible warning signs stating that a dangerous animal is on the property and which display a conspicuous symbol informing and warning children of the presence of a dangerous animal;
3. A surety bond is issued by a surety insurer qualified under Chapter 48.28 RCW and in a form acceptable to the animal control authority in the sum required by RCW 16.08.080, conditioned upon payment of damages to any person injured by the animal; or a policy of liability insurance issued by an insurer qualified under RCW Title 48 in the amount required by RCW 16.08.080, which specifically provides coverage for any and all personal injuries inflicted by the animal;
4. Proof that a microchip has been implanted for identification purposes. (Ord. 862 § 1 (Exh. A), 2023)
6.16.040 Requirements for restraint.
A. It is unlawful for a dangerous animal or a dangerous dog to be outside a secure enclosure unless the animal is muzzled, restrained by a substantial chain or leash, and under the physical control of a responsible person. The muzzle shall be made and worn in a manner that shall prevent the animal from biting. A violation of this subsection shall be punishable as a gross misdemeanor.
B. It is unlawful for a potentially dangerous dog to be outside a secure enclosure unless the animal is restrained by a substantial chain or leash and under the physical control of a responsible person. A violation of this subsection shall be punishable as a gross misdemeanor. (Ord. 862 § 1 (Exh. A), 2023)
6.16.050 Dangerous animal, potentially dangerous dog or dangerous dog – Detention.
A dangerous animal, potentially dangerous dog, or dangerous dog may be immediately detained by an animal control officer if:
A. No certificate of registration has been issued for the animal;
B. The owner has failed to comply with any condition of a certificate of registration;
C. The insurance policy or surety bond required by the certificate of registration is canceled, expired or lapsed; or
D. The animal is outside a secure enclosure without the restraints required by EMC 6.16.040. (Ord. 862 § 1 (Exh. A), 2023)
6.16.060 Appeal of animal control authority determinations.
A. A person who is aggrieved by a determination of the animal control authority that an animal owned or kept by the person is a dangerous dog or potentially dangerous dog may appeal such determination to the Chelan County district court.
1. A written appeal shall be filed with the clerk of the district court not more than 14 days after the final determination of the animal control authority is issued. The written appeal shall include the name, address and telephone number of the appellant(s) and a copy of the determination of the animal control authority.
2. The clerk shall promptly set a date for a hearing of the appeal. Written notice of the date, time and place of the appeal hearing shall be mailed or personally delivered to the appellant(s) and to the animal control authority not less than 10 days prior to the hearing.
3. The appellant(s) shall have the burden of proving that the determination of the animal control authority is arbitrary and capricious.
B. An owner or keeper of an animal who is aggrieved by detention of a dangerous animal, dangerous dog or a potentially dangerous dog may prevent destruction or adoption of the animal by petitioning the Chelan County district court for the animal’s return, subject to court-imposed conditions.
1. A written petition shall be filed with the clerk of the district court not more than 14 days after the date of initial detention. The petition shall include the name, address and telephone number of the petitioner(s) and a copy of the final determination of the animal control authority. The petition shall be accompanied with a bond or security in an amount sufficient to provide for the animal’s detention and care for not less than 45 days from the date of initial detention.
2. The clerk shall promptly set a date for a hearing on the petition. Written notice of the date, time and place of the hearing shall be mailed or personally delivered to the petitioner(s) and to the animal control authority not less than 10 days prior to the hearing.
3. The petitioner(s) shall have the burden of proving that specific, additional court-imposed conditions may be imposed that are sufficient to safeguard the public from bodily harm and property damage.
4. If the district court determines that the animal should not be returned to the owner or keeper, the animal shall be forfeited by the owner or keeper. The animal control authority may destroy the animal or find a responsible person or agency to adopt the animal.
5. If the district court determines that the animal should be returned to the owner or keeper, the district court shall impose such specific conditions as it deems appropriate to safeguard the public from bodily injury and property damages. The petitioner(s) shall pay the cost of the animal’s detention and care within 10 days after the district court’s determination. If the petitioner(s) fails to pay such costs, the bond shall be forfeited and the animal control authority may destroy the animal or find a responsible person or agency to adopt the animal. (Ord. 862 § 1 (Exh. A), 2023)
6.16.070 Registration fee.
The city shall charge an annual registration fee as set forth by resolution of the city council, in addition to regular dog licensing fees, to register a dangerous animal, dangerous dog, or potentially dangerous dog. (Ord. 862 § 1 (Exh. A), 2023)