Chapter 7.06
DANGEROUS DOGS
Sections:
7.06.005 Effect of keeping more than 15 dogs on determinations.
7.06.010 Potentially dangerous or dangerous dogs determination.
7.06.015 Challenge in District Court to County’s determination.
7.06.020 Registration of potentially dangerous and dangerous dogs.
7.06.025 Restraint requirements for potentially dangerous and dangerous dogs.
7.06.030 Registration and restraint penalties.
7.06.070 Liability disclaimer.
7.06.090 Violation—Nondetermination no defense.
7.06.001 Purpose.
Skagit County’s public policy is, in part, to secure and maintain such levels of animal care and control as will protect animal and human health and safety. The County, to the greatest degree practicable, seeks to prevent injury to property and cruelty to animal life caused by dogs. Dogs are pack animals and when in large packs, can be hazardous beyond what a dog individually or in a small pack may be. (Ord. O20250007 Att. C)
7.06.002 Definitions.
“County” means Skagit County, its officers, employees, or agents, including its Animal Control Authority and Animal Control Officer.
“Dangerous dog” means a Canidae that:
(a) Inflicts severe injury on a human without provocation on public or private property; or
(b) Kills a domestic animal (excluding poultry), without provocation while off the owner’s property; or
(c) Kills poultry in five or more separate incidents; or
(d) The County has previously determined to be a potentially dangerous dog where the owner received notice of such, and the animal again aggressively bites, attacks, or endangers the safety of humans or domestic animals (excluding poultry); or
(e) Has been previously declared a dangerous dog in any other county, city, state, or foreign country; or
(f) Is not domesticated.
A wolf, coyote, or any Canidae hybrid (e.g., wolf-coyote hybrids, wolf-dog hybrids, and coyote-dog hybrids) can be a dangerous dog, if it meets the dangerous dog definition, even if domesticated. A wolf, coyote, or any Canidae hybrid is not considered a dog even if it meets the dangerous dog definition.
“Domestic animal” means an animal that has been domesticated and kept by humans so as to live and/or breed in a tame condition, and includes horses, mules, cattle, sheep, swine, goats, rabbits, or similar farm animals kept for lawful use or profit. It also includes pet animals. It does not include poultry or dogs that engage in organized fights.
“Owner” means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of a dog, or anyone who keeps the dog in any way.
“Pet animal” means a dog, cat, or other animal traditionally kept as a pet.
“Potentially dangerous dog” means:
(a) Any dog that, unprovoked:
(i) Bites a human on property that the dog owner does not own or control; or
(ii) Chases or approaches a person upon the streets, sidewalks, or any public property in a menacing fashion or apparent attitude of attack; or
(iii) Bites a domestic animal (and for poultry, bites them in five or more separate incidents) while off the owner’s property; or
(b) Any dog that, unprovoked, has a known propensity, tendency, or disposition to:
(i) Attack humans, pet animals, or big game animals; or
(ii) Cause injury; or
(iii) Cause injury to humans, pet animals, or big game animals; or
(iv) Threaten the safety of humans, pet animals, or big game animals; or
(c) Any dog that chases or menaces or has an attack attitude towards a person who is not on the dog owner’s property; or
(d) Any dog that was previously declared a potentially dangerous dog by any other county, city, state, or foreign country.
A wolf, coyote, or any Canidae hybrid (e.g., wolf-coyote hybrids, wolf-dog hybrids, and coyote-dog hybrids) can be a potentially dangerous dog, if it meets the potentially dangerous dog definition, even if domesticated. A wolf, coyote, or any Canidae hybrid is not considered a dog even if it meets the potentially dangerous dog definition.
“Severe injury” means any physical injury of:
(a) Broken bones; or
(b) Disfiguring lacerations that require multiple sutures or cosmetic surgery. (Ord. O20250007 Att. C; Ord. O20140001 § 2 (Att. 1)(part); Ord. O20120007 § 1 (Att. A) (part). Formerly 7.06.001)
7.06.005 Effect of keeping more than 15 dogs on determinations.
The County may determine that when a person maintains more than 15 dogs, and one or more dogs fulfill the potentially dangerous or dangerous dog requirements, any or all of the dogs are potentially dangerous dogs or dangerous dogs. If the owner provides sufficient evidence that a specific dog(s) is/are the potentially dangerous dog(s), then only the dog(s) the owner identifies is/are a potentially dangerous dog(s). The evidence must meet the preponderance of the evidence standard. (Ord. O20250007 Att. C)
7.06.010 Potentially dangerous or dangerous dogs determination.
(1) The County may determine that a dog is a potentially dangerous or dangerous dog by a preponderance of the evidence. The determination must be in writing and based on:
(a) A person’s written complaint and willingness to testify that the animal has satisfied the potentially dangerous or dangerous dog definitions; or
(b) Dog bite reports filed with the County, as required by law; or
(c) Any animal control officer or law enforcement officer witnessing the dog’s actions; or
(d) Other substantial evidence, including hearsay (if a reasonable and prudent person would rely upon that hearsay).
(2) Service.
(a) The County must serve potentially dangerous or dangerous dog determinations on the dog’s owner (or their last known address) by:
(i) Certified mail, with return receipt requested, and ordinary first class mail; or
(ii) Personal service; or
(iii) Publication in a newspaper of general circulation in the area of the incident if the owner cannot be located.
(b) Service is effective as follows:
(i) On the date the owner is personally served; or
(ii) Three days after the notice is mailed for service by certified mail; or
(iii) Fifteen days after publication for service by publication.
(c) The owner of any dog found to be a potentially dangerous or dangerous dog under this Chapter shall pay all costs for such service.
(3) The written determination that a dog is a potentially dangerous or dangerous dog must include:
(a) The dog’s description; and
(b) The dog owner’s name and address, if known; and
(c) The dog’s last known whereabouts if it is not in the owner’s custody; and
(d) The facts, statutes, and laws supporting the determination; and
(e) The restrictions placed on the dog and/or owner; and
(f) A description of the penalties for violating any restrictions, such as: the dog’s destruction, and/or fining or imprisoning the owner; and
(g) A statement that the County’s determination is final; and
(h) A notice that the owner has a right to challenge the determination to the Skagit County District Court by filing a written request for a hearing with the Skagit County District Court within 20 days of the effective service date. The notice should also reference the provision in this Chapter that states what the owner must include in the appeal request.
(4) The County may determine that a dog is a dangerous dog if the dog satisfies the dangerous dog criteria even if no entity declared that the dog was a potentially dangerous dog.
(5) The County may impound a potentially dangerous or dangerous dog at the owner’s expense if circumstances require until a court orders otherwise or the owner corrects any deficiencies/satisfies all requirements. The owner must pay impound and boarding costs if an animal is a potentially dangerous or dangerous dog. (Ord. O20250007 Att. C; Ord. O20120007 § 1 (Att. A) (part): Ord. R20020080 (part))
7.06.015 Challenge in District Court to County’s determination.
(1) An owner can challenge the County’s determination about their dog within 20 calendar days when the County effectively serves the owner the notice stating their right to challenge the County’s determination.
(2) The owner must file their written challenge with the clerk of the court. It must contain:
(a) A brief statement that gives the reasons why the court should reverse or modify the County’s determination; and
(b) Names, addresses, and phone numbers of any witnesses who will appear for the dog owner; and
(c) A brief statement describing any documents or other evidence they may offer to the District Court; and
(d) The dog owner’s contact information (including day phone number, address, and any other ways to contact them).
(3) The District Court civil procedure rules and local rules apply to an appeal. The District Court will set dates and give the parties notice as provided in the District Court rules.
(4) The parties are responsible for notifying their witnesses about all relevant hearing dates.
(5) Except for a verifiable emergency, if the owner or their representative fails to appear at a hearing, the determination will stand.
(6) In the District Court, the County must prove, by a preponderance of the evidence, that the dog is a dangerous or potentially dangerous dog.
(a) The Court may reverse a dangerous or potentially dangerous dog determination if there is insufficient evidence to support the determination.
(b) The Court may affirm a dangerous or potentially dangerous dog determination if there is sufficient evidence to support the determination.
(7) The District Court has the power to take all actions legally and equitably necessary to achieve justice during the appeal. This can include:
(a) Vacating or nullifying the determination; and/or
(b) Vacating or nullifying any restrictions on the dog or owner; and/or
(c) Affirming the determination or any restrictions on the dog or owner; and/or
(d) Imposing court costs on the appellant; and/or
(e) Imposing additional restrictions on the dog or owner; and/or
(f) Ordering the County or owner to take additional actions. (Ord. O20250007 Att. C)
7.06.020 Registration of potentially dangerous and dangerous dogs.
(1) It is unlawful for a potentially dangerous or dangerous dog owner to:
(a) Keep, own, or maintain such a dog in Skagit County without a County-issued current registration certificate; and
(b) Move such a dog to, within, or from Skagit County without the County’s consent; and
(c) Fail to inform the County where any such dog resides at all times; and
(d) Fail to inform the County about any changes affecting the dog’s registration certificate.
(2) The County may not issue a registration certificate to a dangerous dog’s owner unless the owner presents to the County sufficient evidence of:
(a) All warning signs required by law, including one that informs children that a dangerous dog is present; and
(b) A secure enclosure consistent with law, or an affidavit or declaration under penalty of perjury that the owner will keep the dangerous dog securely confined indoors on the owner’s property; and
(c) Microchipping as required by law; and
(d) Compliance with the insurance required by this Chapter and law; and
(e) All other requirements set forth in this Chapter, such as the restraint requirements.
(3) The registration fees are:
(a) For each potentially dangerous dog, $100 for the initial registration, and $50 for an annual renewal fee.
(b) For each dangerous dog, $200 for the initial registration, and $100 for an annual renewal.
(4) If a potentially dangerous or dangerous dog is destroyed or dies while in an owner’s custody, the owner must present sufficient evidence of that fact to the County within 10 days.
(5) If a potentially dangerous or dangerous dog is sold, given away, or otherwise disposed of, the owner must immediately inform the County and provide all relevant details, including the dog’s location, if applicable. The new owner is bound by the previous potentially dangerous or dangerous dog determination and must obtain a new registration certificate. If the previous owner has paid the current registration fees, the new owner will only need to pay for the annual renewal when it is next due. If the previous owner has not paid the registration fees, the new owner must pay the initial fee immediately and renewal fees thereafter. (Ord. O20250007 Att. C; Ord. O20120007 § 1 (Att. A) (part): Ord. R20020080 (part))
7.06.025 Restraint requirements for potentially dangerous and dangerous dogs.
(1) A potentially dangerous dog owner must:
(a) Conspicuously display a sign (or more than one sign if a sign is not visible at all public access points) with a warning symbol that informs all people that they keep a potentially dangerous dog on the premises; and
(b) Ensure the dog is restrained by fence, chain, leash, or other confinement suitable to prevent the animal from leaving the owner’s property; and
(c) Ensure the owner or other responsible person is physically restraining the dog when it is off the owner’s property; and
(d) Ensure the dog wears a bright red collar bearing the warning “Potentially Dangerous Dog”; and
(e) Ensure the dog has a permanent microchip identification implant.
(2) A dangerous dog owner must:
(a) Conspicuously display a sign (or more than one sign if a sign is not visible at all public access points) with a warning symbol that informs all people that they keep a dangerous dog on the premises; and
(b) Ensure the dog is securely confined:
(i) Indoors on their property; or
(ii) Inside a locked pen or structure that will:
(A) Prevent minors from entering; and
(B) Prevent the dog from escaping; and
(C) Has secure sides and top and bottom, that protects the dog from the elements; and
(c) Ensure the dog, whenever it is not confined, is securely:
(i) Muzzled in a way that will not injure the dog or interfere with its vision or respiration, drinking, or panting, but will prevent it from biting any person or animal; and
(ii) On a leash that is not longer than six feet in length; and
(iii) Under the control of a person 15 years of age or older who is physically able to control the dog; and
(d) Ensure the dog wears a bright red collar bearing the warning “Dangerous Dog”; and
(e) Ensure the dog has a permanent microchip identification implant; and
(f) Maintain either:
(i) A $250,000 or higher surety bond, issued by a surety insurer qualified under RCW Chapter 48.28, in a form acceptable to the County, payable to any person injured by the dangerous dog; or
(ii) A $250,000 or higher liability insurance policy, such as homeowners’ insurance, issued by an insurer qualified under RCW Title 48, insuring the owner for any personal injuries the dangerous dog inflicts on anyone. (Ord. O20250007 Att. C; Ord. O20120007 § 1 (Att. A) (part))
7.06.030 Registration and restraint penalties.
(1) Violating the registration requirements is a civil infraction. This civil infraction may only be assessed five days after the County notifies the owner that they must register a dog or renew a registration. The civil infraction penalty is:
(a) One hundred twenty-five dollars for a potentially dangerous dog.
(b) Two hundred fifty dollars for a dangerous dog.
(2) An owner’s failure to comply with the restraint requirements in this Chapter is:
(a) A misdemeanor for a potentially dangerous dog and shall be punished by a fine not to exceed $1,000, or by imprisonment in jail for a period not to exceed 90 days, or by both such fine and imprisonment; and
(b) A gross misdemeanor for a dangerous dog and shall be punished by a fine not to exceed $5,000, or by imprisonment in jail for a period not to exceed 364 days, or by both such fine and imprisonment.
(3) The penalties and remedies in this Chapter are cumulative and in addition to any other legal and equitable penalties and remedies, including those in RCW Chapter 16.08 et seq. (Ord. O20250007 Att. C; Ord. O20120007 § 1 (Att. A) (part): Ord. R20020080 (part))
7.06.040 Enforcement.
(1) The County may immediately impound:
(a) A potentially dangerous or dangerous dog if the owner has not obtained a certificate of registration; or
(b) A potentially dangerous or dangerous dog if the owner has not complied with the restraint requirements in this Chapter; or
(c) A dangerous dog that bites a person or a pet animal; or
(d) A dog that aggressively attacks and causes severe injury or death to a human, even if the dog was not previously determined to be a potentially dangerous or dangerous dog; or
(e) A dangerous dog when the owner does not have the bond or insurance coverage required in this Chapter.
(2) If the County impounds a dog under this Section, the County must serve an impoundment notice within 72 hours of impoundment, if possible. The impoundment notice must:
(a) Satisfy the other service requirements in this Chapter when serving an impoundment notice, including by regular and certified mail, return receipt requested; and
(b) Specify the reasons for the impoundment; and
(c) Inform the owner that they are responsible for redeeming the dog; and
(d) Inform the owner that they are responsible for paying penalties and costs for necessary impoundment, control measures, or additional care; and
(e) Inform the owner that the dog will be destroyed in an expeditious and humane manner if the owner does not correct the reasons for impounding the dog within 20 calendar days from the notice’s effective service date, unless the owner files an appeal with the District Court.
(3) The County may destroy a dog impounded under this Section in an expeditious and humane manner if the owner does not: (a) correct any deficiencies set forth in this Chapter; (b) meet all requirements set forth in this Chapter; and/or (c) pay the civil penalties set forth in this Chapter. The County will only destroy an impounded dog when the time to appeal has passed or the owner exhausts or waives all remaining appeals.
(4) The County may assess a civil penalty in the amount of $150. Additionally, the County can assess $10 for each day a potentially dangerous or dangerous dog is impounded for administrative costs, plus any other actual costs for any necessary impoundment, control measures, or additional care. The County may assess an additional civil penalty in the amount of $250 for the cost of destroying any such dog. Owners must pay all civil penalties to the County.
(5) The County will not return any impounded potentially dangerous dog or dangerous dog to an owner until they pay all civil penalties and registration fees due. (Ord. O20250007 Att. C; Ord. O20120007 § 1 (Att. A) (part): Ord. R20020080 (part))
7.06.045 Redemption.
(1) An owner may redeem any impounded dog after paying all fees due, including the redemption fee and any other fees and costs set forth in this Chapter. The owner must prove that they have corrected the violation, including obtaining all licenses for an unlicensed dog.
(2) The redemption fee shall include all applicable fees and costs associated with apprehension, transportation, impoundment, care, boarding, shelter capital facilities and any veterinary costs incurred including euthanasia and disposal of the dog. The redemption fee shall be related to the County’s direct costs for the items mentioned. (Ord. O20250007 Att. C)
7.06.070 Liability disclaimer.
(1) This Chapter benefits the public welfare as a whole.
(2) This Chapter does not create any liability on the County for any injury or damage resulting from anyone’s action or inaction in:
(a) Failing to comply with this Chapter; or
(b) Implementing this Chapter; or
(c) Enforcing this Chapter. (Ord. O20250007 Att. C; Ord. O20120007 § 1 (Att. A) (part): Ord. R20020080 (part))
7.06.080 Severability.
This Chapter’s provisions are severable. If any provision of this Chapter is held to be unenforceable for any reason, each such provision shall be severed from the remaining provisions and shall not affect the remaining provisions’ enforceability. (Ord. O20250007 Att. C; Ord. O20120007 § 1 (Att. A) (part): Ord. R20020080 (part))
7.06.090 Violation—Nondetermination no defense.
The fact that the County or another jurisdiction has not determined that a dog is a dangerous dog or potentially dangerous dog shall not provide an owner a defense nor excuse an owner from failing to comply with this Chapter if the owner knew or should have known that the dog was a dangerous dog or potentially dangerous dog. (Ord. O20250007 Att. C)