Chapter 6.06
POTENTIALLY DANGEROUS AND DANGEROUS DOGS
Sections:
6.06.010 Potentially dangerous dog – Reasons to declare – Exceptions.
6.06.020 Dangerous dog – Reasons to declare.
6.06.030 Declaration of dangerous or potentially dangerous dog – Notice, hearing, and appeal.
6.06.040 Potentially dangerous dog – Registration, requirements, annual fee.
6.06.050 Dangerous dog – New declarations – Existing declarations.
6.06.060 Potentially dangerous dog – Proper restraint and enclosure.
6.06.070 Dangerous dogs – Requirements for restraint and enclosure.
6.06.080 Potentially dangerous or dangerous dog – Ownership.
6.06.090 Potentially dangerous or dangerous dog – Violations and penalties.
6.06.100 Provocation as a defense.
6.06.110 List of potentially dangerous and dangerous dogs.
6.06.005 Definitions.
For purposes of this chapter, the definitions codified in RCW 16.08.070 as now enacted and as amended are incorporated into this chapter by reference.
For purposes of this chapter, “off the owner’s property” does not include any dog lawfully utilizing the city’s dog park. (Ord. 2017-020 § 1 (Exh. A))
6.06.010 Potentially dangerous dog – Reasons to declare – Exceptions.
The animal control officer may declare as potentially dangerous any dog that:
A. When unprovoked, inflicts a bite that penetrates the skin on a human or domestic animal or livestock (except poultry, rabbits and cats that are allowed to roam off the owner’s property);
B. When unprovoked, chases or threatens a person upon any property other than the owner’s in a menacing fashion or apparent attitude of attack;
C. Has been declared potentially dangerous by any other governmental jurisdiction for similar violations of state statutes or local ordinances; or
D. Chases, harries or harasses domestic animals, livestock, or game animals while the dog is off the owner’s property;
Except that:
E. Dogs will not be declared potentially dangerous if the threat, injury, or damage was sustained by a person who (1) at the time, was committing a willful trespass or other tort upon the premises occupied by the dog’s owner; (2) 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 (3) was committing or attempting to commit a crime. (Ord. 2017-020 § 1 (Exh. A); Ord. 99-007)
6.06.020 Dangerous dog – Reasons to declare.
The animal control officer may declare as dangerous any dog that has:
A. Inflicted severe injury on a human being without provocation;
B. Killed a domestic animal or livestock (except poultry, rabbits, or cats that are allowed to roam off the owner’s property);
C. Been previously found to be potentially dangerous and the owner has been properly notified and the dog again bites, attacks, or endangers the safety of humans or domestic animals; or
D. Been declared dangerous by any other governmental jurisdiction for similar violations of state statutes or local ordinances. (Ord. 2017-020 § 1 (Exh. A); Ord. 99-007)
6.06.030 Declaration of dangerous or potentially dangerous dog – Notice, hearing, and appeal.
A. Whenever the animal control officer finds any dog in violation and determines that the dog should be declared dangerous or potentially dangerous, the officer will prepare a notice declaring the dog to be dangerous or potentially dangerous, and serve the notice by personal service or by regular and certified mail, return receipt requested, on the dog’s owner. If the notice cannot be personally served or the owner refuses to accept mail, the notice may be prominently posted on the owner’s residence. The notice must contain the following:
1. The name and address of the owner of the dog being declared potentially dangerous;
2. The breed, color, sex, and license number (if known) of the dog;
3. The facts upon which the determination of potentially dangerous dog is based;
4. That the dog immediately be restrained as required in SMC 6.06.060 or 6.06.070;
5. That the potentially dangerous dog must be registered with the city animal control officer within 10 calendar days of receiving the notice, unless a hearing is requested as provided for in subsection (A)(7) of this section;
6. In the case of a potentially dangerous dog, that if there are future similar problems with the dog, the dog could be declared dangerous pursuant to SMC 6.06.020 and required to be registered as provided for in SMC 6.06.050;
7. That the notice constitutes a final determination that the dog is dangerous or potentially dangerous, unless the owner of the dog requests a hearing within 10 calendar days of service of the notice. An owner is deemed “served” notice on the date that (a) the owner is personally served; (b) the owner’s property is posted; or (c) the date the notice is deposited with the United States Postal Service. An owner is deemed to have “received” the notice (a) upon the date of personal service or posting the owner’s property, or (b) three days after depositing the notice with the United States Postal Service. Owners may submit hearing requests in writing to the Clallam County district court. Hearing requests must contain enough information to allow the court clerk to adequately identify the incident subject to the hearing request and accurate contact information for the owner.
B. If the dog’s owner requests a hearing as provided for in subsection (A)(7) of this section, a hearing will be held within 30 calendar days of the receipt of the hearing request, unless it is continued for good cause or as agreed upon by the parties. The animal control officer will notify the owner of the date, time and place of the hearing, and the right to present evidence as to why the dog should not be declared dangerous or potentially dangerous. The hearing will be held before the Clallam County district court. The hearing will be informal and open to the public. At the hearing, the animal control officer’s records are admissible evidence as to whether the dog is dangerous or potentially dangerous. The dog’s owner may require the animal control officer to be present at the hearing and may present evidence and examine witnesses present. The burden of proof is on the animal control officer to establish by a preponderance of the evidence that the dog is dangerous or potentially dangerous.
C. The district court will provide the dog’s owner with the judge’s written decision within 10 days of the hearing. The district court decision may be appealed as provided under the general laws of the state of Washington.
D. If the potentially dangerous dog declaration is upheld, the owner has 10 days from the notification date to comply with the registration requirements set forth in SMC 6.06.040.
E. If the dangerous dog declaration is upheld, the owner has 30 calendar days to comply with SMC 6.06.050(A).
F. A finding that a dog is not potentially dangerous or dangerous does not prevent the animal control officer from seeking to have the dog declared dangerous or potentially dangerous as the result of any subsequent action by the dog. (Ord. 2017-020 § 1 (Exh. A); Ord. 99-007)
6.06.040 Potentially dangerous dog – Registration, requirements, annual fee.
A. The owner of a dog declared potentially dangerous must register the dog and pay the initial registration fee as set forth in SMC 6.16.020(A) within 10 calendar days of notification as provided for in SMC 6.06.030, unless a hearing has been timely requested.
B. The city may require the owner of a dog being declared potentially dangerous to have the dog equipped with a microchip at the owner’s sole expense. This can be done through a local veterinarian. If required, proof of microchipping and the microchip number must be presented to the animal control officer when licensing the dog.
C. The owner of a dog declared potentially dangerous must renew the registration annually and pay the renewal fee for the calendar year as set forth in SMC 6.16.020(B).
D. A dog license fee already paid by the owner, as set forth in SMC 6.16.010, will not be applied toward the cost of the initial registration; however, on the second and subsequent calendar years the cost of renewal includes licensing.
E. Any potentially dangerous dog for which a certificate of registration or renewal has not been obtained by its owner is subject to being impounded by the animal control authority. The owner bears the responsibility and sole costs for all impound fees, which must be paid in full before the animal is released unless the owner enters into a voluntary compliance agreement. (Ord. 2017-020 § 1 (Exh. A); Ord. 99-007)
6.06.050 Dangerous dog – New declarations – Existing declarations.
A. Any dog declared to be dangerous after January 1, 2018, must, after the exhaustion of any appeal, be humanely euthanized. Alternatively and upon the owner’s written application, a dangerous dog may, at the owner’s sole expense, be (1) sent to a secure animal facility 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. The owner is responsible for paying all fees owed to the city and the animal facility for the care of the animal. The owner bears the burden to establish that an animal facility is available that meets the criteria for a secure animal facility, that the animal facility will accept the dog, and that the owner is willing and able to pay all expenses for transporting and maintaining the care of the dog. Placements under subsection (A)(1) or (2) of this section require the owner to enter into a voluntary compliance agreement with the city, which must include insurance requirements set forth in subsection (B)(3) of this section.
B. For dangerous dogs declared prior to January 1, 2018, the owner of a dangerous dog must maintain a certificate of registration for such animal from the animal control authority for as long as the animal remains within the city limits. The certificate of registration will be issued only if the owner of the dangerous dog presents sufficient proof of all of the following:
1. A proper enclosure confines a dangerous dog in accordance with SMC 6.06.070 as set forth below.
2. The owner of a dog declared dangerous must have the dog equipped with a microchip at owner’s sole expense. This can be done through a local veterinarian. Proof of microchipping and the microchip number must be presented when licensing the dog.
3. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the animal control authority in the sum of at least $250,000, payable to any person injured by the 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 $250,000, insuring the owner or keeper for any personal injuries inflicted by the dangerous dog.
C. The owner of a dangerous dog under subsection B of this section must pay an annual registration fee for the calendar year as set forth in SMC 6.16.020(D). A dog license fee already paid by the owner, as set forth in SMC 6.16.010(A) and (B), will not be applied toward the cost of the initial registration; however, on the second and subsequent calendar years, the cost of registration includes licensing.
D. Any dangerous dog for which a certificate of registration or renewal has not been obtained by its owner is subject to being impounded by the animal control authority. The owner bears the responsibility and sole cost for all impound fees, which must be paid in full before the animal is released unless the owner enters into a voluntary compliance agreement.
E. Any dangerous dog in the city pursuant to subsection B of this section that is not restrained, registered, or insured in accordance with this chapter or escapes from its owner or enclosure, regardless of whether it injures another person or animal, is immediately subject to subsection A of this section and will be handled accordingly.
F. This section does not apply to police dogs as defined in RCW 4.24.410. (Ord. 2017-020 § 1 (Exh. A); Ord. 99-007)
6.06.060 Potentially dangerous dog – Proper restraint and enclosure.
A. The owner of a potentially dangerous dog must restrain his/her dog, as required herein, immediately upon being notified that the dog has been declared potentially dangerous by the animal control officer, regardless of the owner’s intent to request a hearing or file any appeal.
B. A potentially dangerous dog must be restrained as follows:
1. While on the owner’s property, a potentially dangerous dog must be restrained by a fence, kennel or sufficiently strong chain, leash or other confinement suitable to prevent the dog from leaving the owner’s property and restrained in such a manner as to keep the dog at least 25 feet from the normally used path or entrance to any occupied building, residence, or utility meter (water, electric, etc.); or
2. While off the owner’s property, a potentially dangerous dog must be under physical restraint of the owner or other responsible person.
C. While restrained on the owner’s property, a potentially dangerous dog must be provided with a structure that provides the dog protection from the elements. (Ord. 2017-020 § 1 (Exh. A); Ord. 99-007)
6.06.070 Dangerous dogs – Requirements for restraint and enclosure.
A. While on the owner’s property, a dangerous dog must be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of children and designed to prevent the animal from escaping. Such pen or structure must have secure sides, a secure top, and provide the dog protection from the elements.
B. While outside the enclosure, a dangerous dog must be muzzled and restrained by a substantial chain or leash and under physical restraint of the owner or other responsible person. The muzzle must be made and worn in a manner that will not cause injury to the dog or interfere with its vision or respiration, but prevents it from biting any person or animal.
C. The owner must post the premises with a clearly visible warning sign that displays a warning symbol that informs children of the presence of a dangerous dog. (Ord. 2017-020 § 1 (Exh. A); Ord. 99-007)
6.06.080 Potentially dangerous or dangerous dog – Ownership.
The owner of a potentially dangerous or dangerous dog must not transfer ownership or move the dog without first notifying the animal control authority and obtaining authorization from the animal control officer to do so. Prior to destroying any potentially dangerous or dangerous dog, the owner must give notification to the animal control officer, or provide proof of destruction within 48 hours of the death of the dog. (Ord. 2017-020 § 1 (Exh. A); Ord. 99-007)
6.06.090 Potentially dangerous or dangerous dog – Violations and penalties.
Violation of any section of this chapter is a misdemeanor.
A. It is unlawful for the owner of a potentially dangerous dog to:
1. Transfer ownership, move, or destroy the dog without first complying with the provisions of SMC 6.06.080.
2. Fail to provide proper restraint and/or enclosure for dogs declared potentially dangerous as defined in SMC 6.06.060.
3. Fail to maintain registration and license for potentially dangerous dogs.
B. It is unlawful for the owner of any dangerous dog to:
1. Fail to secure the liability insurance coverage or bond required hereunder;
2. Fail to post a clearly visible sign that displays a warning symbol that informs children of the presence of a dangerous dog;
3. Fail to maintain the dog inside the dwelling of the owner or inside a proper enclosure;
4. Fail to keep the dog under physical restraint of a responsible person and muzzled when outside the dwelling or enclosure;
5. Transfer ownership, move, or destroy the dog without first complying with the provisions of SMC 6.06.080. (Ord. 2017-020 § 1 (Exh. A); Ord. 99-007)
6.06.100 Provocation as a defense.
Proof that the injured person provoked the attack is a complete defense to an action for damages. (Ord. 2017-020 § 1 (Exh. A); Ord. 99-007)
6.06.110 List of potentially dangerous and dangerous dogs.
A list of potentially dangerous and dangerous dogs will be maintained by the animal control authority. The list will be made available to the public for normal copying costs. The list will include the general description of the dog and the address at which the dog is normally kept. (Ord. 2017-020 § 1 (Exh. A); Ord. 99-007)