Chapter 8.10
DANGEROUS DOGS AND POTENTIALLY DANGEROUS DOGS
Sections:
8.10.030 Potentially dangerous dogs – Notification of declaration.
8.10.040 Potentially dangerous dogs – Issuance of written order.
8.10.050 Potentially dangerous dogs – Appeal of written order.
8.10.060 Potentially dangerous dog – Registration required.
8.10.070 Potentially dangerous dogs – Controls.
8.10.080 Potentially dangerous dogs – Confiscation conditions.
8.10.090 Potentially dangerous dogs – Owners of dogs that attack – Affirmative defenses – Penalties.
8.10.100 Appeal of decision to confiscate or dispose of a dangerous dog/potentially dangerous dog.
8.10.010 Definitions.
Unless the context clearly requires otherwise, the following definitions apply throughout this chapter:
A. "Animal control officer" has the same meaning as in Section 8.05.020.
B. "Animal shelter" has the same meaning as in Section 8.05.020.
C. "Court" means the Grant County District Court.
D. "Dangerous dog" has the same meaning as stated in RCW 16.08.070(2), as it now appears or is hereafter amended.
E. "Day" means calendar day. If a deadline in this chapter falls on a weekend or holiday, then the deadline shall be the next business day.
F. "Department" means the Quincy Police Department.
G. "Gross misdemeanor" has the same meaning as stated in RCW 9.92.020, as it now appears or is hereafter amended.
H. "Owner" has the same meaning as stated in RCW 16.08.070(7), as it now appears or is hereafter amended.
I. "Police dog" has the same meaning as stated in RCW 4.24.010(1)(a), as it now appears or is hereafter amended.
J. "Police handler" has the same meaning as stated in RCW 4.24.010(1)(c), as it now appears or is hereafter amended.
K. "Potentially dangerous dog" has the same meaning as stated in RCW 16.08.070(1), as it now appears or is hereafter amended.
L. "Proper enclosure" for a potentially dangerous dog means, while on the owner’s property, a potentially 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. If the pen or structure has no bottom secured to the sides, the sides must have posts that are embedded into the ground no less than one foot.
M. "Responsible person" means a person, which can include the owner, that possesses ultimate authority to make decisions regarding the potentially dangerous dog while such dog is in that person’s control.
N. "Service" of any notice or order required by this chapter shall be deemed complete upon actual receipt of the notice or order, or if mailed, upon the third business day after mailing, whichever occurs first. Service in person includes posting the notice or order at the owner’s address. For purposes of this definition, address is the last known address on file with the animal shelter; provided, that if no address is on file with animal shelter then the Animal Control Officer shall use reasonable efforts to locate the address. (Ord 20-549 §3 (Exh. B))
8.10.020 Dangerous dogs.
A. Pursuant to Chapter 16.08 RCW, the City is required to regulate dangerous dogs. The City hereby adopts by this reference, as if fully set forth herein, RCW 16.08.070 except for subsection (6), 16.08.080, 16.08.090 and 16.08.100, as they now appear or are hereafter amended.
B. Certificates of registration for dangerous dogs shall be issued on an annual basis with no proration of the fee provided for herein for less than a full year’s registration of a dangerous dog. The annual registration period shall extend from January 1st through December 31st of each calendar year. Except in the first year of registration, it shall be the duty of each owner to obtain a current certificate of registration for a dangerous dog prior to January 1st of each registration period or the cost of registration shall be doubled. The annual fee for registration of a dangerous dog shall be set out in the City’s Rate Resolution. The registration fee required by this section shall be in addition to any other fees required by this chapter or Chapter 8.05. (Ord 20-549 §3 (Exh. B))
8.10.030 Potentially dangerous dogs – Notification of declaration.
Where the Department seeks to declare a dog within the City to be a potentially dangerous dog, the Animal Control Officer or their designee must serve written notice upon the owner in person or by regular and certified mail, return receipt requested. The notice must include:
A. A physical description of the dog;
B. The legal basis for the proposed action;
C. The reasons the Department considers the dog potentially dangerous, which can include, but are not limited to:
1. A written complaint of a person who has witnessed the dog acting in a manner that could be deemed as potentially dangerous or dangerous; or
2. Reports of dog bites filed with or reported to a government entity; or
3. Actions of the dog witnessed by persons other than the owner; or
4. Documentation that the dog previously has been found to be either a potentially dangerous dog or a dangerous dog by a government entity;
D. A statement that the dog will be subject to registration and controls required by this chapter;
E. The penalties for a violation of the registration and controls required by this chapter;
F. An explanation that the owner is entitled to an opportunity to meet with the Chief of Police or their designee prior to the Department issuing its final determination, and that the request for a meeting must be made in writing within ten days after service of the notice;
G. An explanation that if the owner fails to timely request a meeting as permitted in this section or fails to appear at the meeting that the Department will issue a written order declaring the dog a potentially dangerous dog. (Ord 20-549 §3 (Exh. B))
8.10.040 Potentially dangerous dogs – Issuance of written order.
A. The owner, in writing to the Department, must request a meeting prior to the expiration of ten days following service of the notice in Section 8.10.030 or the right to a meeting is waived. If the owner fails to timely and properly request a meeting, the Chief of Police or their designee shall immediately declare that the dog is potentially dangerous and issue a written order pursuant to subsection (C)(1) of this section.
B. If the dog owner timely and properly requests a meeting, the Department shall notify the owner in writing of the date, time, and location of the meeting. The meeting must occur within five days after the Department’s receipt of the written request. The Department must serve the notice of the meeting upon the dog owner in person or by regular and certified mail, return receipt requested. Upon request of the Department or the owner, the time period for the meeting may be extended by seven days if good cause is shown. If the meeting is continued, the Department shall issue a new notice notifying the owner in writing of the date, time and location of the meeting. At the meeting the owner must appear, in person or telephonically, and may give any reasons or information, verbally or in writing, as to why the dog should not be declared potentially dangerous.
C. Within ten days after the meeting, the Department must issue its final decision, in the form of a written order.
1. If the Department declares the dog to be potentially dangerous, the written order shall include:
a. A physical description of the dog;
b. The name and address of the owner;
c. The date and time of the meeting with the owner, if any;
d. A brief statement of why the dog has been found to be a potentially dangerous dog;
e. The registration and controls placed on the dog as a result of the declaration;
f. The penalties for a violation of the registration and controls required by this chapter;
g. A statement that the written order may be appealed to the Grant County District Court pursuant to Section 8.10.050 within fourteen days of service of the written order; and
h. A statement that failure to file a timely and complete notice of appeal will constitute a waiver of all rights to appeal of the written order.
2. If the City does not declare the dog to be potentially dangerous, the written order shall include:
a. A physical description of the dog;
b. The name and address of the owner;
c. The date and time of the meeting with the owner, if any;
d. A brief summary of testimony and evidence presented at the meeting, if any; and
e. A brief statement of why the dog has not been found to be a potentially dangerous dog.
3. The Department must serve a copy of the written order upon the owner in person or by regular and certified mail, return receipt requested.
4. The original written order shall be filed with the City Clerk.
5. The owner must obtain a certificate of registration, as required by Section 8.10.060, within five days of service of the written order.
D. A dog shall not be declared potentially 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 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 20-549 §3 (Exh. B))
8.10.050 Potentially dangerous dogs – Appeal of written order.
A. An owner may appeal the written order to the Grant County District Court. The owner must make such appeal prior to the expiration of twenty days following service of the written order.
1. The written appeal shall include the name, address and telephone number of the appellant(s) and a copy of the written order of the Department.
2. The clerk of the court shall promptly set a date for a hearing of the appeal. Written notice of the date, time and place of the appeal shall be mailed or personally delivered to the appellant(s) and to the Department not less than fifteen days prior to the hearing.
3. The burden is on the owner to demonstrate that the Department’s written order was arbitrary and capricious.
B. While an appeal is pending, the Department may order that the dog be confined or controlled in compliance with this chapter. The dog owner shall be responsible for all costs of confinement, detention, control, and care of the dog.
C. If the owner does not timely and properly appeal the Department’s written order, the right to an appeal is waived. (Ord 20-549 §3 (Exh. B))
8.10.060 Potentially dangerous dog – Registration required.
A. It is unlawful for an owner to have a potentially dangerous dog in the City without a certificate of registration issued under this title.
B. The certificate of registration shall be issued on an annual basis with no proration of the fee provided for herein for less than a full year’s registration of a potentially dangerous dog. The annual registration period shall extend from January 1st through December 31st of each calendar year.
C. The fee for the certificate of registration shall be as stated in the City’s Rate Resolution. Except in the first year of registration, it shall be the duty of each owner to obtain a current certificate of registration for a potentially dangerous dog prior to January 1st of each registration period or the cost of registration shall be doubled. The registration fee required by this section shall be in addition to any other fees required by this chapter or Chapter 8.05.
D. The Animal Control Officer shall issue a certificate of registration to the owner of a potentially dangerous dog if the owner presents to the Department sufficient evidence of:
1. A proper enclosure for the potentially dangerous dog;
2. The posting of the premises with a clearly visible warning sign as required by Section 8.10.070(A);
3. The payment of the fee for a certificate of registration for a potentially dangerous dog;
4. The payment of any other fees required by Chapter 8.05; and
5. The surety bond or insurance required by Section 8.10.070(C). (Ord 20-549 §3 (Exh. B))
8.10.070 Potentially dangerous dogs – Controls.
A. A potentially dangerous dog shall be within a proper enclosure, except as permitted by this section. The owner shall post on the premises where their proper enclosure is installed 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. The signage required by this section may be combined in a single sign and shall be clearly visible from the street directly in front of the property.
B. A potentially dangerous dog may be outside of the proper enclosure when the dog is muzzled and restrained by a chain or leash that is six feet or shorter in length and under physical restraint and control of a responsible person. The muzzle shall be placed on the dog in a manner that will not cause injury to the dog or interference with its vision or respiration but shall prevent it from biting any person or animal.
C. The owner shall obtain a surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the City in the sum of at least ten thousand dollars payable to any person injured by the potentially dangerous dog; or 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 ten thousand dollars insuring the owner for any personal injuries inflicted by the potentially dangerous dog. (Ord 20-549 §3 (Exh. B))
8.10.080 Potentially dangerous dogs – Confiscation conditions.
A. Any dog that has been deemed to be potentially dangerous shall be immediately confiscated by the Animal Control Officer if the dog is not:
1. Registered as required by Section 8.10.060; or
2. Maintained as required by Section 8.10.070(B) and (C).
B. The owner shall be responsible for the costs of confiscation, detention, control, and care of the potentially dangerous dog.
C. The Department must serve written notice upon the owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the potentially dangerous dog, that the owner is responsible for payment of the costs of confiscation, detention, control, and care of the dog and that the dog will be disposed of in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within twenty calendar days from the date the notice was served.
D. If the deficiencies are not corrected within twenty calendar days from the date the notice was served the animal shelter shall dispose of the confiscated potentially dangerous dog in an expeditious and humane manner. The owner shall be responsible for all costs related to the disposal of the potentially dangerous dog. (Ord 20-549 §3 (Exh. B))
8.10.090 Potentially dangerous dogs – Owners of dogs that attack – Affirmative defenses – Penalties.
A. If a potentially dangerous dog attacks or bites a person or another domestic animal, the dog’s owner is guilty of a gross misdemeanor.
B. It is an affirmative defense that the owner must prove by a preponderance of the evidence that they were in compliance with the requirements for ownership of the potentially dangerous dog pursuant to this chapter and the person or domestic animal attacked or bitten by the owner’s dog trespassed on the owner’s real or personal property or provoked the owner’s dog without justification or excuse.
C. The potentially dangerous dog shall be immediately confiscated by the Animal Control Officer, placed in quarantine at the animal shelter for the proper length of time, and thereafter disposed of as stated in Section 8.10.080(D); in the alternative, the Animal Control Officer may begin the procedure outlined in RCW 16.08.080, as it now exists or may hereafter be amended, to declare such dog a "dangerous dog" as defined in this chapter. (Ord 20-549 §3 (Exh. B))
8.10.100 Appeal of decision to confiscate or dispose of a dangerous dog/potentially dangerous dog.
A. An owner of a potentially dangerous dog or a dangerous dog where such dog has been confiscated and detained by the Animal Control Officer under authority of this chapter, RCW 16.08.080 or 16.08.100 may prevent the detention or disposal of the dog by petitioning the Grant County District Court for the dog’s return, subject to court-imposed conditions.
B. The petition shall be in writing and shall be filed with the clerk of the court within ten days after the date of the initial confiscation. The petition shall include the name, address and telephone number of the owner, a copy of the Department’s written order which declared the dog to be potentially dangerous or dangerous, and requested court conditions sufficient to safeguard the public from bodily harm or property damage. The petition shall be accompanied with a bond or security in an amount of at least ten thousand dollars.
C. The clerk of the court 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 owner and to the Department not less than fifteen days prior to the hearing.
D. The owner shall have the burden of proving by clear and convincing evidence that requested court conditions, if imposed, will be sufficient to safeguard the public from bodily harm or property damage.
E. If the court determines that the potentially dangerous dog or dangerous dog should not be returned to the owner, the court shall order that the dog is forfeited by the owner. The owner shall pay the costs of the dog’s confiscation, detention, control, care and disposal within ten calendar days after the court’s determination or the bond or security shall be forfeited to the City.
F. If the court determines that the potentially dangerous dog or dangerous dog should be returned to the owner, the court shall impose such specific written conditions as it deems appropriate to safeguard the public from bodily injury or property damage. The owner shall pay the costs of the dog’s confiscation, detention, control, and care within ten calendar days after the court’s determination or the bond or security shall be forfeited to the City.
G. If the Animal Control Officer has probable cause to believe that any court-imposed condition is not being followed by the owner, then the Animal Control Officer shall immediately confiscate the potentially dangerous dog or dangerous dog. The Department must serve written notice upon the owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dog.
1. The Animal Control Officer shall immediately notify the court in writing of any violation of a court-imposed condition. Upon receiving notification from the Department of a violation, the court shall hold a hearing in accordance with subsection (C) of this section.
2. The Department shall have the burden to prove by a preponderance of the evidence that a violation of a court-imposed condition occurred.
3. If the court determines that a violation of a court-imposed condition occurred, the court shall order that the potentially dangerous dog or dangerous dog is forfeited by the owner. The animal shelter shall dispose of the confiscated potentially dangerous dog or dangerous dog stated in Section 8.10.080(D). The owner shall pay the costs of the confiscation, detention, control, care and disposal of the dog.
4. If the court determines that a violation of a court-imposed condition has not occurred, the court shall order that the potentially dangerous dog or dangerous dog be immediately returned to the owner and the owner shall not be responsible for the costs of the confiscation, detention, control, and care of the dog. (Ord 20-549 §3 (Exh. B))
8.10.110 Violations.
A. Except as expressly stated otherwise, a violation of this chapter subjects the violator to a C-1 penalty as stated in Section 1.01.118. For purposes of this chapter, each day a violation occurs shall be deemed a separate violation.
B. This chapter shall be enforced by the Animal Control Officer, any Police Officer or other City employee authorized by the Mayor.
C. The remedies for violations set forth in this chapter are not exclusive and the City may use whatever manner, method or means is available to it, at law or in equity, to enforce this chapter. (Ord 20-549 §3 (Exh. B))
8.10.120 Police dogs.
This chapter shall not apply to police dogs. (Ord 20-549 §3 (Exh. B))
8.10.130 Disclaimer of liability.
Nothing in this chapter shall create any cause of action or claim against the City or its officials or employees. No duty to any specific individual shall be created hereby, and any duty that may be found to exist shall be to the general public only. (Ord 20-549 §3 (Exh. B))