Chapter 7.07
POTENTIALLY DANGEROUS AND DANGEROUS ANIMALS
Sections:
7.07.010 Repealed.
7.07.015 Declaring an animal as dangerous or potentially dangerous.
7.07.020 Repealed.
7.07.025 Hearing procedure – Dangerous dogs.
7.07.030 Repealed.
7.07.035 Hearing procedure – Potentially dangerous dog.
7.07.040 Repealed.
7.07.045 Failure to remove dangerous dog from the city of Fircrest.
7.07.050 Repealed.
7.07.056 Confinement of dangerous dog or potentially dangerous dog.
7.07.057 Certification of status of potentially dangerous dog.
7.07.058 Confiscation and destruction of potentially dangerous dog.
7.07.060 Penalty for violation as to potentially dangerous animal.
7.07.070 Penalty for violation as to dangerous animal.
7.07.010 Declaring an animal as potentially dangerous.
Repealed by Ord. 1513. (Ord. 1399 § 2, 2005).
7.07.015 Declaring an animal as dangerous or potentially dangerous.
(a) The city animal control supervisor shall classify potentially dangerous dogs and dangerous dogs. The city animal control supervisor may find and declare a dog dangerous if an animal control officer has probable cause to believe that the dog falls within the definitions set forth in FMC 7.01.005. The city animal control supervisor may find and declare a dog potentially dangerous if an animal control officer has probable cause to believe that the dog falls within the definitions set forth in FMC 7.01.005. The finding must be based upon:
(1) The written complaint of a citizen; or
(2) Any dog bite report filed with the shelter or city; or
(3) Actions of the dog witnessed by any animal control officer or law enforcement officer; or
(4) Other substantial evidence.
(b) The declaration of dangerous dog or potentially dangerous dog shall be in writing and shall be served on the owner in one of the following methods:
(1) Certified and regular mail to the owner’s last known address; or
(2) Personally.
(c) The declaration shall state at least:
(1) A description of the dog;
(2) The name and address of the owner of the dog, if known;
(3) The whereabouts of the dog, if it is not in the custody of the owner;
(4) A summary of the facts upon which the declaration of dangerous or potentially dangerous dog is based, including the definition of dangerous or potentially dangerous under which the declaration is being made;
(5) The availability of a hearing in case the person objects to the declaration, if a request is made within 10 days of the date of personal service or mailing or first publication;
(6) A summary of the restrictions placed on the dog as a result of the declaration; and
(7) A summary of the potential penalties for violation of the restrictions, including the possibility of destruction of the animal and imprisonment or fining of the owner. (Ord. 1513 § 6, 2011).
7.07.020 Declaration of an animal as dangerous.
Repealed by Ord. 1513. (Ord. 1399 § 3, 2005).
7.07.025 Hearing procedure – Dangerous dogs.
(a) If the owner of the dog wishes to object to the declaration, he or she may request a hearing before the hearing examiner of the city by filing a request for hearing, along with payment of the required fee and proof of a current valid pet license for the dog, to the office of the hearing examiner within 10 days of service of the declaration that the dog is dangerous. The appeal fee shall be $100.00. No person other than the dog’s owner may object to the declaration.
(b) The animal control authority shall bear the burden of proving that the dog is dangerous by a preponderance of the evidence.
(c) Any dog declared to be dangerous must, after the exhaustion of any appeal, be humanely euthanized. Upon application of the owner, however, a dangerous dog may be either (1) sent at the owner’s expense to a secure animal shelter and maintained at all times in compliance with Chapter 16.08 RCW; or (2) removed from the city and maintained at all times in compliance with Chapter 16.08 RCW at the owner’s expense. The owner is responsible for paying all fees owed to the city for the care of the animal. The owner shall bear the burden to establish that an animal shelter is available that meets the criteria for a secure animal shelter, that the shelter will accept the animal, and that the owner is willing and able to pay all expenses for transporting the animal.
(d) If the hearing examiner finds a dog to be dangerous, the hearing examiner shall enter an order so stating and shall direct that the dog be humanely euthanized. The hearing examiner will consider directing that a dog be sent to a secure animal shelter or removed from the city and maintained at all times in compliance with Chapter 16.08 RCW only upon request of the owner.
(1) The owner shall bear the burden to establish (A) that an animal shelter is available that meets the criteria for a secure animal shelter, that the shelter will accept the dog, and that the owner is willing and able to pay all expenses for transporting the dog and maintaining the dog; or (B) that the dog can be maintained at all times in compliance with Chapter 16.08 RCW in a location outside the city and that the owner is willing and able to pay all expenses for transporting the dog and maintaining the dog.
(2) To meet his or her burden, the owner must provide the hearing examiner with (A) proof that all conditions required by Chapter 16.08 RCW and all other conditions required by state or local law for maintaining a dangerous animal have been met; (B) written proof that the animal control authority in the jurisdiction to which the animal is being moved has been informed of the relocation; (C) written proof that the animal control authority in the jurisdiction to which the animal is being moved has consented to the relocation; (D) written agreement by the dog’s owner to indemnify and hold the city harmless from any and all future liability including any and all claims, demands, damages, liabilities, causes, suits or action of any kind or nature whatsoever relative to past or future care and custody of the animal and to the dog’s future behavior. If any of the above requirements are not met, the dog shall not be released and shall be humanely euthanized. The dog’s owner is responsible for all boarding fees between the issuance of the hearing examiner’s order declaring the dog to be dangerous and the time it is determined that the dog will or will not be released to a secure animal shelter or location out of the city. (Ord. 1513 § 7, 2011).
7.07.030 Registration of a dangerous animal.
Repealed by Ord. 1513. (Ord. 1399 § 4, 2005).
7.07.035 Hearing procedure – Potentially dangerous dog.
(a) If the owner of the dog wishes to object to the declaration, he or she may request a hearing before the hearing examiner of the city by filing a request for hearing, along with payment of the required fee and proof of a current valid pet license for the dog, to the office of the hearing examiner within 10 days of service of the declaration that the dog is dangerous. The appeal fee shall be $100.00. No person other than the dog’s owner may object to the declaration.
(b) The animal control authority shall bear the burden of proving that the dog is potentially dangerous by a preponderance of the evidence.
(c) If the hearing examiner finds the dog is potentially dangerous, he or she may, in addition to the requirements of this chapter, impose any additional conditions of confinement set forth in Chapter 16.08 RCW, as now exists or as may be amended hereafter, including, but not limited to, posting of warning signs and maintenance of liability insurance coverage. The hearing examiner shall order that a potentially dangerous dog be spayed or neutered. (Ord. 1513 § 8, 2011).
7.07.040 Confiscation and destruction of dangerous animal.
Repealed by Ord. 1513. (Ord. 1399 § 5, 2005).
7.07.045 Failure to remove dangerous dog from the city of Fircrest.
In any case where the hearing examiner orders that a dangerous dog not be humanely euthanized, but be removed from the city, the order shall require that the removal be direct between the animal shelter and where the dog will be permanently housed. Any person that brings a dog into the city after a declaration of dangerousness, allows a dog to remain in the city after a declaration of dangerousness, or possesses a dog after a declaration of dangerousness, except pending appeal, shall be guilty of a gross misdemeanor. (Ord. 1513 § 9, 2011).
7.07.050 Exception to potentially dangerous and dangerous animal.
Repealed by Ord. 1513. (Ord. 1399 § 6, 2005).
7.07.055 Permits and fees.
(a) Within 10 days following a declaration of potentially dangerous dog, and the exhaustion of any appeal therefrom, the owner of a potentially dangerous dog shall obtain a permit for such dog from the finance department of the city of Tacoma and shall be required to pay a fee for such permit in the amount of $250.00, have the dog implanted with a microchip, and provide the microchip number to the finance department of the city of Tacoma.
(b) Any potentially dangerous dog is also subject to any additional conditions of confinement set forth in Chapter 16.08 RCW, as now exists or as may be amended hereafter, including, but not limited to, posting of warning signs and maintenance of liability insurance coverage.
(c) The owner of a potentially dangerous dog shall pay an annual renewal fee for such permit in the amount of $50.00 paid to the city of Tacoma.
(d) The owner of a potentially dangerous dog shall allow an annual inspection of a proper enclosure that holds the dog. If the proper enclosure is a residence, the inspection shall be limited to the exterior of the residence. Refusal to allow an annual inspection is a violation. An owner who refuses to allow an annual inspection shall have his or her permit revoked and may be fined for each day the inspection is refused.
(e) Should the owner of a potentially dangerous dog fail to comply with subsections (a) through (c) of this section, the owner may have his or her permit revoked and may be fined for each violation. The city is authorized to seize and impound the potentially dangerous dog of any such owner and euthanize said dog pursuant to the procedures set forth in FMC 7.07.058. The owner is subject to boarding charges as set forth in FMC 7.06.040, in addition to all penalties set forth in this chapter.
(f) This section also applies to any dog declared dangerous under any prior ordinance and prior to the effective date of the ordinance codified in this chapter. (Ord. 1513 § 10, 2011).
7.07.056 Confinement of dangerous dog or potentially dangerous dog.
(a) When a dog is declared a dangerous dog, the dog shall be impounded. Such dog shall be held in the shelter or a secure veterinary hospital until a hearing is held to determine the dog’s status or the deadline for requesting such a hearing has passed. The owner of a dog that is declared dangerous shall immediately surrender the dog to an animal control officer or police officer. Refusal to surrender a dog that is declared dangerous to an animal control officer or police officer is a gross misdemeanor.
(b)(1) When a dog is declared a potentially dangerous dog, the dog may be impounded. The law enforcement or animal control officer may require that such dog be held in the shelter or a secure veterinary hospital until a hearing is held to determine the animal’s status or the deadline for requesting such a hearing has passed. If a dog declared potentially dangerous is not impounded, the owner shall comply with all requirements imposed by the animal control authority. The owner of a dog that is declared potentially dangerous shall immediately surrender the dog to an animal control officer or police officer upon the order of that officer. Refusal to surrender a dog that is declared potentially dangerous to an animal control officer or police officer is a misdemeanor.
(2) From the date of initial declaration of potentially dangerous dog by the city animal control supervisor, unless and until said declaration shall be rescinded, the owner must keep the dog confined in a proper enclosure that is securely enclosed and locked, unless the dog is securely leashed and humanely muzzled or otherwise securely restrained.
(c) From the date of initial declaration of potentially dangerous by the city animal control supervisor, unless and until said declaration shall be rescinded and the restrictions imposed thereby annulled, it shall be unlawful for any person to allow or permit such dog to:
(1) Be unconfined on the premises of such person; or
(2) Go beyond the premises of such person unless such dog is securely leashed and humanely muzzled or otherwise securely restrained.
(3) The animal control authority may impose any additional restrictions contained in Chapter 16.08 RCW for dangerous or potentially dangerous dogs, as now exist or as may be amended hereafter.
(d) Any potentially dangerous dog shall be confiscated by the city if the dog is not confined as set forth herein. The owner is subject to boarding charges as set forth in FMC 7.06.040 in addition to all penalties set forth in this chapter.
(e) These requirements take effect immediately upon notification that the dog is declared potentially dangerous and remain in force during any appeal of a declaration that a dog is potentially dangerous.
(f) This section also applies to any dog declared potentially dangerous under any prior ordinance and prior to the effective date of the ordinance codified in this chapter. Any dog declared dangerous prior to the effective date of the ordinance codified in this chapter must comply with all conditions imposed by the animal control authority. (Ord. 1513 § 11, 2011).
7.07.057 Certification of status of potentially dangerous dog.
The owner shall immediately notify the animal control authority of the city, followed by written notice to animal control, when a dog which has been classified as potentially dangerous:
(a) Is loose or unconfined; provided, that the owner shall first call 911;
(b) Has bitten a human being or attacked another animal; provided, the owner shall first call 911;
(c) Is sold or given away, or dies; or
(d) Is moved to another address.
(e)(1) If a potentially dangerous dog dies or is euthanized, the owner shall provide animal control with the location where the dog was disposed of and, if applicable, where the dog was euthanized.
(2) Prior to a potentially dangerous dog’s being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control authority and the finance department of the city of Tacoma. The new owner shall comply with all of the requirements of this chapter. Should the owner of a potentially dangerous dog fail to provide such notification, the city is authorized to seize and impound any such dog and euthanize said dog pursuant to the procedures set forth in FMC 7.07.058. The owner is subject to boarding charges as set forth in FMC 7.06.040 in addition to all penalties set forth in this chapter.
(f) This section also applies to any dog declared dangerous under any prior ordinance and prior to the effective date of the ordinance codified in this chapter.
(g)(1) Any person desiring to bring a dog to live in the city which has been previously declared to be potentially dangerous, dangerous, vicious, or similar designation in another jurisdiction, must notify the animal control authority and the finance department of the city of Tacoma prior to moving the dog to the city. The person must provide all information requested by the animal control authority and finance department of the city of Tacoma and must comply with all restrictions imposed by the animal control authority. There is no right to bring into the city a dog that has been the subject of a declaration or similar process in another jurisdiction and the animal control authority will determine whether such a dog will be licensed and permitted to reside in the city.
(2) If the animal control authority determines that the dog’s behavior that led to another jurisdiction’s determination that the dog is potentially dangerous, dangerous, vicious, or similar designation would lead to a declaration as a dangerous dog under the municipal code in effect at the time of the proposed move, it shall not permit the dog to be licensed or to remain in the city and shall notify the dog’s owner, either personally or via mail at the address provided by the owner.
(3) Any person knowingly bringing a dog into the city or failing to remove a dog from the city after the animal control authority has notified the person that the dog is not allowed in the city is guilty of a gross misdemeanor.
(4) Any person who fails to notify the animal control authority and the finance department of the city of Tacoma that he or she has brought a dog covered by this section into the city is guilty of a misdemeanor.
(5) Any person visiting the city with a dog which has been previously declared to be potentially dangerous, dangerous, vicious, or similar designation in another jurisdiction, must notify the animal control authority and obtain permission to do so from the animal control supervisor, prior to bringing the dog into the city and must comply with all the requirements of this code.
(6) Any dog brought into the city in violation of this section may be impounded. (Ord. 1513 § 12, 2011).
7.07.058 Confiscation and destruction of potentially dangerous dog.
Any dangerous dog or potentially dangerous dog shall be immediately confiscated by the city if:
(a) The dog is not validly registered under this chapter or Chapter 16.08 RCW;
(b) The owner does not maintain liability insurance coverage as required for dangerous dogs in RCW 16.08.080;
(c) The dog is unconfined;
(d) The dog is outside of the dwelling of the owner and not under adequate physical restraint of a responsible person; or
(e) The owner fails to comply with any of the provisions of this chapter.
Any potentially dangerous dog confiscated pursuant to this chapter shall be returned to the owner upon the owner’s compliance with this chapter. However, if the owner does not comply with the provisions of this chapter within 72 hours following confiscation of said dog, said dog shall be euthanized in an expeditious and humane manner, except as otherwise specifically provided in this chapter. The owner is subject to boarding charges as set forth in FMC 7.06.040, in addition to all penalties set forth in this chapter. This section also applies to any dog declared dangerous under any prior ordinance and prior to the effective date of the ordinance codified in this chapter. (Ord. 1513 § 13, 2011).
7.07.060 Penalty for violation as to potentially dangerous animal.
Any violation of this chapter as to a potentially dangerous dog is a misdemeanor. A monetary penalty of $52.00 shall also be imposed to failure to respond to or pay citation. (Ord. 1399 § 7, 2005).
7.07.070 Penalty for violation as to dangerous animal.
RCW 16.08.070 through 16.08.100, as now enacted or hereinafter amended, are hereby adopted by reference as if fully set forth herein, including penalties. Pursuant to RCW 16.08.080, any violation of this chapter is a gross misdemeanor, except that conduct constituting a felony, as determined by the prosecutor, is excluded. A monetary penalty of $52.00 shall also be imposed to failure to respond to or pay citation. (Ord. 1399 § 8, 2005).
7.07.080 Severability.
Should any part of this chapter be adjudged invalid for any reason, such adjudication shall not affect the validity of this chapter as a whole or any part thereof. (Ord. 1399 § 9, 2005).