Chapter 9.25
DANGEROUS ANIMALS
Sections:
Article I. Dangerous Dogs
9.25.010 Dangerous dogs prohibited.
Article II. Vicious Animals
9.25.110 Factors required to be considered.
9.25.120 Optional factors to be considered.
Article I. Dangerous Dogs
9.25.005 Statutes adopted.
Chapter 16.08 RCW in its entirety and all future amendments are hereby adopted by reference. In the case of a conflict between Chapter 16.08 RCW and this title, the provisions of this title shall control.
(Ord. No. 10-661, § 25, 6-1-10.)
9.25.010 Dangerous dogs prohibited.
(1) It is unlawful to own or possess a dangerous dog within the city limits of the city of Federal Way.
(2) Upon final designation of a dog as a dangerous dog, the dog must either be surrendered to the animal services authority or be removed from the city limits of Federal Way by the owner or keeper of the dog.
(3) Any violation of this section is a gross misdemeanor.
(4) Owners or keepers of dangerous dogs shall be strictly liable for any damage caused by the dangerous dogs.
(Ord. No. 10-661, § 26, 6-1-10; Ord. No. 09-592, § 17, 1-6-09; Ord. No. 06-527, § 3, 6-20-06; Ord. No. 92-153, § 47(A), 11-17-92; Ord. No. 90-30, § 33(A), 2-13-90. Code 2001 § 4-121.)
9.25.020 Exception.
A dog shall not be considered a dangerous dog under this chapter if, at the time the threat, injury or damage was sustained by a person, the person was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, was tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. A dog shall not be considered a dangerous dog under this chapter if the person injured has in the past been observed or reported to have tormented, abused or assaulted the dog.
(Ord. No. 09-592, § 18, 1-6-09; Ord. No. 92-153, § 2(G), 11-17-92; Ord. No. 90-30, § 2(E), 2-13-90. Code 2001 § 4-122.)
9.25.030 Confiscation.
A dog shall be confiscated by the animal services authority if the dog has been deemed a dangerous dog and the owner has received notice under this chapter and has either failed to appeal or has been denied relief following appeal. A dog may be impounded if the animal services authority has deemed it a dangerous dog prior to final determination. Any dangerous dog impounded or confiscated under this section prior to final determination will be held at the owner’s expense pending appeal of the classification or violation. Upon final determination, the humane destruction of the dog will occur. However, upon showing of good cause and in the sound discretion of the animal services authority, the dog may be released to the owner for removal from within the city limits.
(Ord. No. 11-688, § 5, 4-5-11; Ord. No. 10-661, § 27, 6-1-10; Ord. No. 09-592, § 19, 1-6-09; Ord. No. 06-527, § 5, 6-20-06; Ord. No. 92-153, § 47(C), 11-17-92; Ord. No. 90-30, § 33(C), 2-13-90. Formerly 4-124. Code 2001 § 4-123.)
Article II. Vicious Animals
9.25.100 Compliance required.
An animal declared by the director to be vicious may be kept, harbored or maintained in the city only upon compliance with the requirements prescribed by the director and the requirements of FWRC 9.18.020(2)(f).
(Ord. No. 10-661, § 28, 6-1-10.)
9.25.110 Factors required to be considered.
In prescribing requirements to be observed in compliance with this chapter, the director shall take into consideration the following factors:
(1) The breed of the animal and its characteristics;
(2) The physical size of the animal;
(3) The number of animals in the owner’s home;
(4) The zoning involved, size of the lot where the animal resides, the number and proximity of neighbors;
(5) The existing control factors, including but not limited to fencing, caging, runs and staking locations;
(6) The nature of the behavior giving rise to the director’s determination that the animal is vicious:
(a) Extent of the injury;
(b) Circumstances, e.g., time of day, on/off property, provocation instinct;
(c) Circumstances surrounding the result and complaint, e.g., neighborhood disputes, identification, credibility of complainants and witnesses.
(Ord. No. 10-661, § 29, 6-1-10.)
9.25.120 Optional factors to be considered.
Requirements which may be prescribed under this chapter include but are not limited to the following:
(1) Erection of additional or new fencing adequate to keep the animal within the confines of its property;
(2) Construction of a run within which the animal is to be kept. Dimensions of the run will be consistent with the size of the animal;
(3) Keeping the animal on a leash adequate to control the animal, the length and location to be determined by the director. When unattended the leash must be securely fastened to a secure object;
(4) Maintenance of the animal indoors at all times, except when personally controlled on a leash adequate to control the animal by the owner or a competent person at least 15 years of age;
(5) Removal of the animal from the city within 48 hours from the receipt of such notice.
(Ord. No. 10-661, § 30, 6-1-10.)
9.25.130 Violations.
Failure to comply with any requirement prescribed by the director pursuant to this chapter constitutes a misdemeanor. An animal kept or found in violation of this chapter is subject to impoundment by the animal services authority, and the owner or keeper of such animal has no right to redeem such animal.
(Ord. No. 10-661, § 31, 6-1-10.)