Chapter 6.02
DOG REGULATIONS
Sections:
6.02.015 Legislative intent—General protection.
6.02.022 Potentially dangerous dog—Notice of declaration.
6.02.024 Dangerous dog—Notice of declaration, meeting, appeal.
6.02.025 Dangerous or potentially dangerous dog to be confined—Exception.
6.02.030 Dangerous or potentially dangerous dog to be leashed or muzzled.
6.02.035 Dangerous dog—Registration.
6.02.040 Dangerous or potentially dangerous dog—Impoundment/ confiscation/destruction.
6.02.042 Violation involving a dangerous or potentially dangerous dog—Penalty.
6.02.070 When impoundment not necessary.
6.02.090 Uniform complaint form.
6.02.010 Title.
This chapter shall be known as the “dog control ordinance of the city.” (Ord. 1760 § 1 (part), 2019: Ord. 988 § 1, 1989; Ord. 732 § 1, 1976)
6.02.015 Legislative intent—General protection.
The provisions of this chapter are intended to achieve a balance between public health and safety and the ownership of domestic pets. Any duty created herein is intended to be a general duty running in favor of the entire citizenry and nothing in this chapter is intended to create or cause a cause of action or claim against the city, its employees, agents or officials on the part of any specific individual or relating to any particular owner or dog on account of the existence of any of the provisions of this chapter or the manner of enforcement thereof. (Ord. 1760 § 1 (part), 2019: Ord. 1098 § 6, 1993)
6.02.020 Definitions.
In construing the provisions of this chapter, words not otherwise given a special definition in this chapter shall be given their common and ordinary meaning. In addition, the following definitions apply:
“Allow” includes neglecting to restrain or prevent.
“Animal control officer” means any Sumas law enforcement officer, or city employee designated by the mayor or contracted agent or agency of the city engaged for the purpose of enforcing this title and the laws of the state of Washington as they pertain to animal control and welfare.
“Dangerous dog” means any dog that: (1) has inflicted severe injury on a human being without provocation on public or private property; (2) has killed a domestic animal without provocation while off the owner’s property; or (3) has been previously found to be potentially dangerous, the owners having received notice of such, and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals; provided, that a dog shall not be declared 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.
“Dog” is any canine (canis familiaris).
“Leash” means a cord, strap, tether or chain or similar restraining device of ten feet in length or less used to hold and control a dog.
“License” means a dog license issued by the city under this chapter.
“Muzzled” means a dog has securely attached to its head a muzzle of sufficient design and construction to prevent it from biting any person or animal. The muzzle shall be made and used in a manner that will not cause injury to the dog or interfere with its vision or respiration.
“Owner” means any person having ownership in or exercising control, custody or possession over any dog.
“Pack of dogs” means any three or more dogs running together upon public or private lands, not that of their owner, when such dogs are not restrained or controlled.
“Potentially dangerous dog” means any dog that when unprovoked:
(1) Inflicts bites on a human or domestic animal either on public or private property; or
(2) Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; or
(3) 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.
“Premises” means all real property under public or private ownership, leased property, as well as the inside of any motor vehicle or bed of any truck.
“Proper enclosure of a dangerous dog” or “confined” means, while on the owner’s property, a dangerous dog shall be securely confined indoors or in a securely enclosed padlocked 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.
“Running at large” means to be off the premises of the owner and not under the control of either the owner or another competent person authorized by the owner.
“Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
“Under control” means an animal is under voice, signal, or physical control sufficient to prevent it from violating any of the provisions of the general regulations provided in the definition of dangerous dog in this section. (Ord. 1760 § 1 (part), 2019: Ord. 1098 § 1, 1993)
6.02.022 Potentially dangerous dog—Notice of declaration.
A. Declaration of a Dog as “Potentially Dangerous.” The animal control officer is authorized to declare a dog potentially dangerous if the animal control officer has probable cause to believe that the animal falls within the definition of “potentially dangerous dog” set forth in Section 6.02.020. The declaration shall be based upon:
1. The written complaint or declaration of a citizen that the animal has acted in a manner within the definition of “potentially dangerous dog” in Section 6.02.020; or
2. Police or animal bite reports filed with the animal control officer; or
3. Actions of the animal witnessed by the animal control officer; or
4. Other substantial evidence.
B. Potentially Dangerous Dog Declaration—Service—Final Determination. The service upon the owner of a potentially dangerous dog declaration shall be a final determination that the animal is a potentially dangerous animal. No appeal may be taken from a declaration of potentially dangerous dog. Service of the potentially dangerous dog declaration upon the owner of the animal may be made either by personal service to the owner, by posting such notice at the residence of the owner, or by certified mail to the last known address of the owner. (Ord. 1760 § 1 (part), 2019)
6.02.024 Dangerous dog—Notice of declaration, meeting, appeal.
A. Declaration of a Dog as “Dangerous.” The animal control officer is authorized to declare a dog dangerous if the animal control officer has probable cause to believe that the animal falls within the definition of “dangerous dog” set forth in Section 6.02.020. The declaration shall be based upon:
1. The written complaint or declaration of a citizen that the animal has acted in a manner within the definition of “dangerous dog” as set forth in Section 6.02.020; or
2. Police or animal bite reports filed with the animal control officer; or
3. Actions of the animal witnessed by the animal control officer or a law enforcement officer; or
4. Other substantial evidence.
B. The animal control officer shall initiate proceedings for the declaration of a dog as dangerous by service of a notice to that effect upon the dog owner in person or by regular and certified mail, return receipt requested. The notice must state:
1. The regulatory basis for the declaration;
2. The reasons the authority finds the animal to be dangerous;
3. A statement of the requirements of this chapter affecting a dog declared dangerous and that the dog is subject to registration;
4. The date, time, and location of a meeting, which must occur prior to the expiration of fifteen calendar days following delivery of the notice, at which the owner is entitled to an opportunity to meet with the animal control officer and give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous;
5. That the owner may propose an alternative date and time for the foregoing meeting, but such meeting must occur within the fifteen-day time period; and
6. That the notice of declaration shall be effective as a final determination without further action or notice upon the expiration of fifteen days without a meeting.
C. The animal control officer shall issue a final determination in the form of a written order within fifteen calendar days after the meeting with the owner. An order finding the dog to be dangerous shall include a recital of the authority for the action, a concise statement of the facts that support the determination, and the signature of the officer. A copy of the order of final determination shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the owner’s last address known to the officer.
D. The owner may appeal the animal control officer’s final determination that a dog is dangerous to the Sumas municipal court. The owner must file such appeal in writing with the Sumas municipal court clerk, with a copy to the Sumas city attorney, within twenty days of receiving the final determination. The notice of appeal shall state the grounds for such appeal and shall be accompanied by (1) payment for all costs of impoundment incurred by the city through the date of final determination, and (2) posting of cash, bond or other suitable security sufficient to pay all costs of impoundment and confinement of the dog through the date of hearing on the appeal. The appeal shall be conducted in the manner provided for contested infraction hearings under Infraction Rules for Courts of Limited Jurisdiction (IRLJ) and the decision of the Sumas municipal court shall be final and conclusive. While any such appeal is pending, the animal control authority may order that the dog be impounded until the appeal is concluded. If the dog is determined to be dangerous, the owner must pay all costs of impoundment and, if applicable, humane destruction. (Ord. 1760 § 1 (part), 2019)
6.02.025 Dangerous or potentially dangerous dog to be confined—Exception.
It is unlawful for the owner of any dangerous or potentially dangerous dog to cause, permit or allow such dog to be unconfined while on the premises of the owner, except when such dog is securely leashed and muzzled. (Ord. 1760 § 1 (part), 2019: Ord. 1098 § 2, 1993)
6.02.030 Dangerous or potentially dangerous dog to be leashed or muzzled.
It is unlawful for the owner of a dangerous or potentially dangerous dog to cause, permit or allow such dog to be or stray off the premises of the owner, except when such dog is securely leashed and muzzled or securely confined within a vehicle and muzzled. Nothing herein shall be interpreted to permit any conduct prohibited elsewhere in this chapter. (Ord. 1760 § 1 (part), 2019: Ord. 1098 § 3, 1993)
6.02.035 Dangerous dog—Registration.
A. It is unlawful for an owner to have a dangerous dog in a city without a certificate of registration. This section shall not apply to dogs used by law enforcement officials for police work.
B. The city clerk-treasurer shall issue a certificate of registration to the owner of such animal if the owner presents to the animal control unit 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. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the city attorney in the sum of at least two hundred fifty thousand dollars, payable to any person injured by the dangerous dog; or
3. 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. The annual fee for a certificate of registration of dangerous dog, in addition to any other licensing requirements for dogs, is twenty-five dollars. (Ord. 1760 § 1 (part), 2019: Ord. 1098 § 4, 1993)
6.02.040 Dangerous or potentially dangerous dog—Impoundment/ confiscation/destruction.
A. Any dangerous dog shall be subject to immediate impoundment by an animal control officer or Sumas police department officer if: (1) the dog is not validly registered; (2) the owner does not secure and maintain in force the bond or liability insurance coverage required under this chapter; (3) the dog is not confined in the proper enclosure; or (4) the dog is outside the dwelling of the owner or outside of the proper enclosure without a muzzle and not under physical restraint of the responsible person.
B. Any potentially dangerous dog shall be subject to immediate impoundment by an animal control officer or Sumas police department officer if: (1) the dog is not confined in a proper enclosure; or (2) the dog is outside of the dwelling of the owner, or outside of the proper enclosure without a muzzle and not under physical restraint of the responsible person.
C. If a dangerous dog of an owner attacks or bites a person or other domestic animal, the dangerous dog shall be immediately confiscated by an animal control officer or Sumas police department officer, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.
D. Any dog that aggressively attacks and causes severe injury or death of any human, whether or not the dog has been previously declared potentially dangerous or dangerous, shall be immediately confiscated by an animal control officer or Sumas police department officer, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner. (Ord. 1760 § 1 (part), 2019: Ord. 1098 § 5, 1993)
6.02.042 Violation involving a dangerous or potentially dangerous dog—Penalty.
A person committing a violation of this chapter involving a dangerous or potentially dangerous dog, including any violation of Section 6.02.025, 6.02.030, or 6.02.035, shall be guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed one thousand dollars or imprisonment in jail not to exceed ninety days or by both such fine and imprisonment. The minimum sentence shall be two hundred fifty dollars, which amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this fine. (Ord. 1760 § 1 (part), 2019)
6.02.050 Nuisance.
Every owner of a dog, cat or other animal shall exercise proper care and control of his animal to prevent the animal from becoming a public nuisance. Excessive or untimely barking, molesting passersby, chasing vehicles, attacking other domestic animals, depositing excretory matter on property other than that of the owner, damaging property, running at large in the case of dogs, or similar acts performed by dogs, cats, or other animals, shall be deemed a nuisance. (Ord. 1760 § 1 (part), 2019: Ord. 988 § 5, 1989; Ord. 732 § 5, 1976)
6.02.060 Interference.
No person shall conceal any dog or cat or otherwise interfere with the proper enforcement of this chapter. (Ord. 1760 § 1 (part), 2019: Ord. 988 § 6, 1989; Ord. 732 § 6, 1976)
6.02.070 When impoundment not necessary.
When dogs are found running at large, and their ownership is known to the humane department or police officer, such dogs need not be impounded, but the officer or agent may, at his discretion, cite the owners of such dogs to appear in court to answer to charges of violation of this chapter. The agent or police officer shall take into consideration the area problem, if any, whether or not the dog has previously been reported as a nuisance, the rabies season or any other factors which in his judgment affect a decision. (Ord. 1760 § 1 (part), 2019: Ord. 988 § 7, 1989; Ord. 732 § 7, 1976)
6.02.080 Investigation.
For the purpose of discharging the duties imposed by this chapter, and to enforce its provisions, any member of the humane department or any police officer is empowered to enter upon any premises upon which a dog is kept or harbored and to demand the exhibition by the owner of such dog or license for such dog. It is further provided that such police officer or agent may enter the premises where any animal is kept in a reportedly cruel or inhumane manner and demand to examine such animal and to take possession of such animal when, in his opinion, it requires humane treatment. (Ord. 1760 § 1 (part), 2019: Ord. 988 § 8, 1989; Ord. 732 § 8, 1976)
6.02.090 Uniform complaint form.
The uniform complaint form attached to the ordinance codified in this chapter, on file in the office of the clerk-treasurer, shall hereafter become the uniform complaint form upon which all residents of the city may file complaints for the regulation and enforcement of this provision against animals or owners of same whose conduct is thought to be in violation of this chapter. (Ord. 1760 § 1 (part), 2019: Ord. 988 § 9, 1989; Ord. 732 § 9, 1976)
6.02.100 Violation—Penalty.
Except as otherwise provide in this chapter, a violation of any of the provisions of this chapter shall be punished as follows:
A. First Offense. The first offense shall be punished by a penalty of not more than one hundred fifty dollars, including all costs and assessments, and not less than fifty dollars, which minimum amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this penalty.
B. Second Offense. The second offense within a five-year period shall be punished by a penalty of not more than two hundred fifty dollars, including all costs and assessments, and not less than one hundred fifty dollars, which minimum amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this penalty.
C. Third or Subsequent Offense. A person committing a third or subsequent offense within a five-year period shall be guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed one thousand dollars or imprisonment in jail not to exceed ninety days or by both such fine and imprisonment. The minimum sentence shall be two hundred fifty dollars, which amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this fine. (Ord. 1760 § 1 (part), 2019: Ord. 988 § 10, 1989; Ord. 732 § 10, 1976)