Chapter 6.40
DANGEROUS DOGS
Sections:
6.40.015 Potentially dangerous dog or dangerous dog outside enclosure.
6.40.020 Dangerous dogs—Certificate of registration required—Prerequisites.
6.40.025 Dangerous dogs and potentially dangerous dogs required to be microchipped.
6.40.035 Appeal of notice of potentially dangerous dog or dangerous dog.
6.40.040 Applicability to adult dogs only.
6.40.045 Dangerous or potentially dangerous dogs—Confiscation.
6.40.010 Definitions.
As used in this chapter:
A. “Owner” means any person or legal entity having a possessory property right in a dog or who harbors, cares for, exercises control over, or knowingly permits any animal to remain on premises occupied by them.
B. “Potentially dangerous dog” means:
1. Any dog that when unprovoked chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of humans or domestic animals; or
2. Any dog that when unprovoked inflicts bites on a human or a domestic animal either on public or private property; or
3. Unless excluded from this definition as provided for below, any dog known by the owner to be a Pit Bull Terrier, which shall be defined in this chapter as any American Pit Bull Terrier, or Staffordshire Bull Terrier, or American Staffordshire Terrier, breed of dog or any mixed breed of dog which contains as an element of its breeding the breed of American Pit Bull Terrier, Staffordshire Bull Terrier, or American Staffordshire Terrier, as to be identifiable as partially of the breed of American Pit Bull Terrier, Staffordshire Bull Terrier, or American Staffordshire Terrier. The following applies only to dogs declared potentially dangerous under this subsection:
a. Dogs that pass the American Kennel Club Canine Good Citizen test shall not be considered potentially dangerous for a period of two years after the date the dog passes such test. Dogs whose owners provide proof their dog failed the American Kennel Club Canine Good Citizen test shall not be considered potentially dangerous for an additional thirty days after the date the dog first fails the test in order to allow the dog to be retested. If the dog has not passed the American Kennel Club Canine Good Citizen test after such thirty-day period, then it shall be considered potentially dangerous until it passes such test. The police chief, or his or her designee, is authorized to create administrative regulations to implement this exclusion.
C. “Dangerous dog” means any dog that (1) inflicts severe injury on a human being without provocation on public or private property, (2) kills a domestic animal without provocation while the dog is off the owner’s property, or (3) has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such, and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals.
D. “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
E. “Proper enclosure” or “proper enclosure of a potentially dangerous or dangerous dog” means, while on the owner’s property, a potentially dangerous or dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.
F. “Physical restraint” means that the person who has the potentially dangerous or dangerous dog under restraint has sufficient control over the dog to prevent it from attacking a human or domestic animal that is within the immediate area surrounding the dog.
G. “Animal control” or “animal control authority” means an entity acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, county, and state and the shelter and welfare of animals and shall include but not be limited to the Prosser police department.
H. “Animal control officer” means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
I. “Police dog” means a dog used by a law enforcement agency specially trained for law enforcement work and under the control of a dog handler.
J. “Dog handler” means a law enforcement officer who has successfully completed training as prescribed by the Washington State Criminal Justice Training Commission in police dog handling. (Ord. 3096 § 1, 2019: Ord. 2515 § 1 (part), 2005).
6.40.015 Potentially dangerous dog or dangerous dog outside enclosure.
A. It is unlawful for an owner of a potentially dangerous dog or dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.
B. The muzzle requirement described in subsection A of this section shall apply only to a dog declared to be potentially dangerous under Section 6.40.010(B)(1), or declared to be potentially dangerous under Section 6.40.010(B)(2) if there was any bite on a human or a bite on a domestic animal that resulted in severe injury.
C. It is unlawful for an owner of a dog declared potentially dangerous under Section 6.40.010(B)(3) to permit the dog to be outside the proper enclosure unless the dog is restrained by a substantial chain or leash and under physical restraint of a responsible person. (Ord. 2515 § 1 (part), 2005).
6.40.016 Additional regulations for dogs declared potentially dangerous under Section 6.40.010(B)(3).
A. In addition to the other requirements imposed by this chapter, it is unlawful for an owner to possess a dog declared potentially dangerous under Section 6.40.010(B)(3) without a certificate of registration issued under this section. The Prosser animal control authority may issue a certificate of registration to the owner of the dog upon payment of a registration fee, as established in the city’s fee schedule, if the owner presents to the Prosser animal control authority sufficient evidence of:
1. A proper enclosure to confine the dog and the posting of the premises with a clearly visible warning sign that there is a potentially dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a potentially dangerous dog; and
2. Either:
a. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the Prosser animal control authority and the city attorney in the sum of at least two hundred fifty thousand dollars, payable to any person injured by the dog; or
b. A policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least two hundred fifty thousand dollars, insuring the owner for any personal injuries inflicted by the dog.
B. Certificates of registration expire on December 31st each year or until the dog is moved to another address outside the corporate limits of the city of Prosser, whichever is shorter. The owner of a dog must renew the certificate of registration annually, unless the dog is moved to another address outside the corporate limits of the city of Prosser. (Ord. 3096 § 2, 2019: Ord. 2998 § 1, 2017: Ord. 2515 § 1 (part), 2005).
6.40.020 Dangerous dogs—Certificate of registration required—Prerequisites.
A. It is unlawful for an owner to have a dangerous dog in the city of Prosser without a certificate of registration issued under this section. This section shall not apply to police dogs.
B. The Prosser animal control authority may issue a certificate of registration to the owner of a dangerous dog upon payment of a registration fee, as established on the city’s fee schedule, if the owner presents to the Prosser animal control authority sufficient evidence of:
1. A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog; and
2. Either:
a. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the Prosser animal control authority and the city attorney in the sum of at least two hundred fifty thousand dollars, payable to any person injured by the vicious dog; or
b. A policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least two hundred fifty thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous dog.
C. Certificates of registration expire on December 31st each year or until the dog is moved to another address outside the corporate limits of the city of Prosser, whichever is shorter. The owner of a dog must renew the certificate of registration annually, unless the dog is moved to another address outside the corporate limits of the city of Prosser. (Ord. 2998 § 2, 2017: Ord. 2515 § 1 (part), 2005).
6.40.025 Dangerous dogs and potentially dangerous dogs required to be microchipped.
Any dog which is declared to be a “potentially dangerous dog” or “dangerous dog” pursuant to this chapter or has been declared to be a “potentially dangerous dog” or a “dangerous dog” by another city, county, or state shall be required to be microchipped by a veterinarian of the owner’s choice, at the owner’s expense. This shall be in addition to the normal requirements for licensing as defined within this title. (Ord. 2515 § 1 (part), 2005).
6.40.030 Declaration of potentially dangerous dog or dangerous dog—Procedure and notification requirements.
A. In addition to the other requirements of this chapter, prior to the animal control authority issuing its final determination that a dog is dangerous, the animal control officer shall notify the owner in writing that he or she is entitled to an opportunity to meet with the animal control authority at which meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous. The notice shall state the date, time, and location of the meeting, which must occur prior to the expiration of fifteen calendar days following delivery of the notice. The owner may propose an alternative meeting date and time, but such meeting must occur within the fifteen-day period set forth in this section. After such meeting, the animal control authority must issue its final determination, in the form of a written order, within fifteen calendar days in accordance with the procedures provided for in subsection B of this section. The provisions of this paragraph do not apply to dogs which the animal control authority intends to declare as potentially dangerous dogs.
B. The Prosser animal control authority shall identify and classify potentially dangerous dogs and dangerous dogs. The Prosser animal control authority may find and declare a dog potentially dangerous or dangerous if the animal control officer has probable cause to believe that the dog falls within the definitions set forth in Section 6.40.010(B) or (C). Probable cause may be based upon:
1. The written complaint of a citizen who is willing to testify that he or she witnessed the dog acting in a manner which causes it to fall within the definition of potentially dangerous dog or dangerous dog;
2. Dog bite reports filed with the Prosser animal control authority;
3. Actions of the dog witnessed by any animal control officer or law enforcement officer; or
4. Other substantial evidence.
C. Upon determining that probable cause exists to believe that a dog is potentially dangerous or dangerous, the animal control officer shall issue a written notice to the owner of the dog. The notice shall contain the following:
1. The name and address of the owner of the dog;
2. A brief description of the dog;
3. A brief statement of why the dog has been found to be a potentially dangerous dog or dangerous dog;
4. The specific provision or provisions of Section 6.40.010(B) or (C) under which the animal control officer has found the dog to be a potentially dangerous dog or dangerous dog;
5. The requirements for restraint of the dog, if applicable, as determined by the animal control officer, and when these requirements must be complied with;
6. The criminal penalty for violation of the requirements for restraint imposed by the animal control officer, including a statement that, if the requirements are not timely met, the animal control officer has the authority to issue a criminal citation or report such noncompliance to the city attorney, who has the authority to initiate a criminal action; and
7. A statement advising:
a. That the notice may be appealed;
b. That the failure to file a timely and complete notice of appeal will constitute a waiver of all rights to an appeal under this chapter.
D. The notice shall be served on the owner in one of the following methods:
1. First class mail and certified mail, return receipt requested, to the owner’s last known address; or
2. Personally. If the notice is personally served, proof of personal service of the notice shall be made by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made.
“Personal service” means handing it to the owner’s attorney or to the owner; or leaving it at their office with their clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the owner has no office, leaving it at their dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. (Ord. 2515 § 1 (part), 2005).
6.40.035 Appeal of notice of potentially dangerous dog or dangerous dog.
A. Any owner of a dog which has been declared potentially dangerous or dangerous by the Prosser animal control authority, pursuant to Section 6.40.030 of this chapter may appeal the notice by filing with the Clerk of the Benton County district court, within fourteen days from the date of the notice, a written notice of appeal. Said written notice of appeal shall be on a form provided for that purpose by the Prosser animal control authority or other written notice, but must contain the following items:
1. A caption reading: “Appeal of ________,” giving the name of the appellant;
2. A brief statement of the finding being appealed, together with any material facts claimed to support the contentions of the appellant;
3. A brief statement of the relief sought, and the reasons why the finding should be reversed, modified or otherwise set aside;
4. The current address of the appellant; and
5. A verification, by declaration under penalty of perjury, made by the appellant as to the truth of the matters stated in the appeal.
B. Failure to file a timely and complete notice of appeal constitutes a waiver of all rights to an appeal under this chapter.
C. Upon receipt of a timely filed and completed notice of appeal, a notice of hearing shall be sent to the appellant, setting the date, time and place of the appeal hearing.
D. The hearing shall be set no less than ten nor more than thirty business days following receipt of a timely filed and complete notice of appeal. The filing of a notice of appeal shall not stay the requirements for restraint of the dog provided to the owner pursuant to Section 6.40.030(B)(5) of this chapter.
E. The appeal shall be heard before a judge or judge pro tem of the Benton County district court. The appellant shall pay to the Benton County district court a filing fee in the amount of one hundred dollars at the time appellant files the appeal.
F. At the hearing, the owner of the dog found to be a potentially dangerous dog or dangerous dog shall be permitted to present evidence in support of the owner’s position at the hearing.
G.1. Dogs shall not be declared potentially dangerous or dangerous by the judge or judge pro tem if a threat, injury, or damage sustained by a person forms the probable cause to believe the dog is potentially dangerous or dangerous, and the threat, injury, or damage was sustained by a person who, at the time, was committing a wilful trespass or other tort upon the premises occupied by the owner 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.
2. At the hearing, the burden shall be on the owner of the dog, by a preponderance of the evidence, that one or more of the circumstances set forth in subsection (G)(1) of this section exist.
3. Subsection (G)(1) of this section shall not apply if the dog is believed to be a potentially dangerous dog pursuant to Section 6.40.010(B)(3).
H.1. At the conclusion of the hearing, the judge or judge pro tem shall issue a written decision.
2. At the conclusion of a hearing to determine whether a dog is to be declared dangerous, the decision of the hearing examiner may be:
a. The dog in question is declared to be a dangerous dog; or
b. The dog in question is declared to be a potentially dangerous dog; or
c. The dog in question is declared to be neither dangerous nor potentially dangerous.
3. At the conclusion of a hearing to determine whether a dog is to be declared potentially dangerous, the decision of the judge or judge pro tem may be:
a. The dog in question is declared to be a potentially dangerous dog; or
b. The dog in question is declared to not be a potentially dangerous dog.
4. The decision of the judge or judge pro tem shall be final. Proceedings to review the decision must be instituted within fifteen days of the date of the written decision. (Ord. 2515 § 1 (part), 2005).
6.40.040 Applicability to adult dogs only.
The provisions of this chapter shall apply to adult dogs only, which means any dog over the age of six months. (Ord. 2515 § 1 (part), 2005).
6.40.045 Dangerous or potentially dangerous dogs—Confiscation.
A. Any dangerous dog shall be immediately confiscated by the animal control officer if the:
1. Dog is not validly registered under this chapter or RCW 16.08.080;
2. Owner does not secure the liability insurance coverage required under this chapter or RCW 16.08.080;
3. Dog is not maintained in the proper enclosure; or
4. Dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of the responsible person or is not restrained as provided for in Section 6.40.015 by the responsible person.
B. Any potentially dangerous dog shall be immediately confiscated by the animal control officer if the:
1. Dog is not validly registered under Section 6.40.016;
2. Owner does not secure the liability insurance coverage if it is required under this chapter;
3. Dog is not maintained in the proper enclosure; or
4. Dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under the physical restraint of the responsible person or is not restrained as provided for in Section 6.40.015 by the responsible person.
C. The owner must pay the costs of confinement and control. The Prosser animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dog, that the owner is responsible for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within twenty days. The animal control authority shall destroy the confiscated dog in an expeditious and humane manner if any deficiencies required by this subsection are not corrected within twenty days of notification. In addition, the owner shall be guilty of a gross misdemeanor punishable in accordance with Section 6.40.050. (Ord. 2515 § 1 (part), 2005).
6.40.050 Penalties.
Unless otherwise provided, any person, firm, legal entity, or corporation violating any of the provisions of this chapter is guilty of a gross misdemeanor and may be punished by a fine of not more than five thousand dollars or imprisonment for not more than one year in jail, or by both such fine and imprisonment. (Ord. 2515 § 1 (part), 2005).
6.40.900 Severability.
If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 2515 § 1 (part), 2005).