Chapter 7.06
DANGEROUS DOGS

Sections:

7.06.010    Adopting state statute.

7.06.020    Fees.

7.06.030    Potentially dangerous dogs.

7.06.035    Dangerous dogs prohibited within the city of Shelton.

7.06.040    Appeal procedure.

7.06.050    Change of ownership—Destruction.

7.06.055    Registration of dogs already declared potentially dangerous or dangerous.

7.06.060    Violation—Penalty.

7.06.010 Adopting state statute.

Chapter 16.08 of the animals and livestock law of the state of Washington (RCW Title 16) as now enacted or hereafter amended is hereby adopted by reference, as a part of the dangerous dog laws of the city of Shelton, with the exception of any provision constituting a felony and any provision in conflict with the city of Shelton dangerous dogs ordinance. Where this chapter is in conflict with Chapter 16.08 RCW, the Shelton Municipal Code shall govern (Ord. 1675-0206 § 1 (part), 2006: Ord. 1590-0403 § 1 (part), 2003)

7.06.020 Fees.

An annual fee to register a potentially dangerous dog, in addition to a regular dog license fee, may be imposed by the city. In addition, any costs of confinement, control and/or destruction of the dog, if it has been determined to be “potentially dangerous” or “dangerous,” shall be the responsibility of the dog’s owner. Fees will be set by resolution. (Ord. 1675-0206 § 1 (part), 2006: Ord. 1590-0403 § 1 (part), 2003)

7.06.030 Potentially dangerous dogs.

A.    The animal control authority shall declare a dog potentially dangerous if it appears that a dog meets the definition of “potentially dangerous dog” as defined under RCW 16.08.070.

B.    Upon determination that a dog is potentially dangerous, the animal control authority shall serve a potentially dangerous dog declaration upon the dog owner in person or by regular and certified mail, return receipt requested.

C.    The potentially dangerous dog declaration shall contain:

1.    A description of the animal;

2.    The name and address of the owner if known;

3.    The location of the animal;

4.    A warning that states, “The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether or not the dog has previously been declared potentially dangerous or dangerous, shall, upon conviction, be guilty of a Class C felony”;

5.    The statutory basis for the action;

6.    The reasons the authority considers the animal potentially dangerous;

7.    A statement that the dog is prohibited within the city of Shelton if ultimately declared dangerous;

8.    An explanation of the owner’s rights and proper procedure for appealing the “potentially dangerous dog” or “dangerous dog” declaration; and

9.    The requirement that the potentially dangerous dog be properly microchipped by a licensed veterinarian of the owner’s choice, at the sole expense of the owner, within thirty calendar days of being declared a “potentially dangerous dog” and that proof that the dog has been microchipped shall be provided to the animal control authority.

D.    The owner of a dog declared “potentially dangerous” must have the dog properly microchipped by a licensed veterinarian of the owner’s choice, at the sole expense of the owner, within thirty calendar days of being declared a “potentially dangerous” dog.

E.    The owner of a dog declared “potentially dangerous” must, within thirty-five calendar days of such declaration, show proof to the animal control authority that such dog has been properly microchipped. (Ord. 1675-0206 § 1 (part), 2006: Ord. 1590-0403 § 1 (part), 2003)

7.06.035 Dangerous dogs prohibited within the city of Shelton.

A.    Any dog that has been declared a “dangerous dog” as defined by RCW 16.08.070 is prohibited within the limits of the city of Shelton.

B.    In the event that a dog has been declared a “dangerous dog” under the Shelton Municipal Code, the owner of such dog may, within ten business days petition the municipal court for return of the dog upon proof sufficient to the court that the dog will not be kept within the city limits.

C.    No sooner than eleven business days after a dog has been declared dangerous, when no appeal is pending to the municipal court to stay destruction and when no petition is pending before the court to authorize removal of the dog from the city, such dog shall be humanely destroyed by the animal control authority. All costs of confinement and destruction may be charged to the owner. (Ord. 1675-0206 § 1 (part), 2006)

7.06.040 Appeal procedure.

A.    The owner of any dog declared to be dangerous or potentially dangerous may request a hearing before the municipal court judge of the city of Shelton to challenge such a determination.

B.    The request for a hearing shall state:

1.    The name, address and daytime telephone number of the owner;

2.    The name, breed, age and license number of the dog declared to be dangerous or potentially dangerous;

3.    The date and/or case number of the declaration; and

4.    A statement of why the determination should be rescinded or modified.

C.    The request for hearing shall be served on the municipal court and the animal control authority within ten business days of service of the declaration.

D.    The determination of the animal control authority shall become final upon the expiration of ten business days from the date of service if no hearing is requested under this section.

E.    The municipal court judge shall hear all requests for appeal of a declaration of dangerous dog or potentially dangerous dog.

1.    A hearing shall be held within ninety days of the owner’s request for rescission of a dangerous or potentially dangerous dog declaration.

2.    The animal control authority may submit reports and sworn complaints in lieu of live testimony at the hearing.

3.    The municipal court judge may consider any other evidence relevant to the declaration.

4.    The municipal court judge shall determine if, by a preponderance of evidence, the dog has been shown to be dangerous or potentially dangerous. If the evidence fails to establish that the dog is as set out in the declaration, such declaration shall be rescinded and the animal shall be returned to its owner. (Ord. 1675-0206 § 1 (part), 2006: Ord. 1590-0403 § 1 (part), 2003)

7.06.050 Change of ownership—Destruction.

A.    An owner of a potentially dangerous or dangerous dog who sells or otherwise transfers ownership, custody or residence of the dog shall, within five business days, inform the animal control authority, in writing, of the name, address and telephone number of the new owner and the name and description of the dog and the dog’s registration number, if any. In addition, the owner shall notify the new owner, in writing, of the details of the dog’s record, terms and conditions of maintenance. The owner shall provide the animal control authority with a copy of such notification together with an acknowledgment by the new owner of his/her receipt of the original notification.

B.    If a potentially dangerous dog or dangerous dog has been destroyed, the owner of a potentially dangerous or dangerous dog shall provide proof of the destruction of such dog to the animal control authority within five business days of the dog’s destruction. The proof shall contain the name, address and telephone number of the person destroying the dog, as well as the date of destruction and location of the dog’s remains. (Ord. 1675-0206 § 1 (part), 2006: Ord. 1590-0403 § 1 (part), 2003)

7.06.055 Registration of dogs already declared potentially dangerous or dangerous.

Any person who owns a potentially dangerous or dangerous dog residing within the city of Shelton as of the effective date of the ordinance codified in this section shall register said dog with the Shelton animal control authority within thirty calendar days of the ordinance taking effect. Upon registration, the animal control authority shall specify the conditions under which the animal is to be kept (in accordance with this chapter) and, in the case of a dangerous dog, the length of time which the person has to dispose of the dog. Failure to timely register a dog or to comply with the conditions of registration shall constitute a violation of this chapter. (Ord. 1675-0206 § 1 (part), 2006)

7.06.060 Violation—Penalty.

A violation of any provision of this chapter is a misdemeanor unless such conduct constitutes a felony pursuant to Chapter 16.08 RCW, as determined by the prosecutor. (Ord. 1675-0206 § 1 (part), 2006: Ord. 1590-0403 § 1 (part), 2003)