Chapter 6.10
DANGEROUS AND POTENTIALLY DANGEROUS DOGS
Sections:
6.10.020 Declaring dog as potentially dangerous.
6.10.030 Appealing the declaration of potentially dangerous dog.
6.10.040 Permits for potentially dangerous dogs.
6.10.050 Declaring dog as dangerous.
6.10.060 Appealing the declaration of dangerous dog.
6.10.070 Permits for dangerous dogs.
6.10.080 Confinement of potentially dangerous or dangerous dog.
6.10.090 Notification of status of potentially dangerous or dangerous dog.
6.10.095 Potentially dangerous or dangerous dogs temporarily located within this jurisdiction.
6.10.100 Relocating a potentially dangerous or dangerous dog from another jurisdiction.
6.10.110 Vacating a dangerous or potentially dangerous dog declaration.
6.10.010 General provisions.
A. Definitions. In construing the provisions of this chapter, unless the context clearly requires otherwise, the definitions in SMC 6.04.020 shall apply. In addition, the following definitions shall apply to each reference to the following words or phrases:
1. “Director” means the police chief of the city in which the dog resides or is kept, or the police chief’s designee.
2. “Exhaustion of the appeal process” means that the owner has declined and/or failed to appeal the matter further or has exhausted all appeal options.
3. “Metro” means Metro Animal Services.
4. “Municipal court” means the court or hearing examiner designated, by the city in which the dog resides or is kept, to handle appeals of dangerous dog and potentially dangerous dog declarations.
5. “Premises” means the registered owner’s current address that has been inspected and approved by Metro.
Except where otherwise plainly declared or clearly apparent from the context, words used in this chapter shall be given their common and ordinary meaning.
B. Calculating Deadlines. If the deadline to comply with any requirement of this chapter falls on a day that Metro Animal Services is closed, the deadline shall be extended to the next day that Metro Animal Services is open to the public.
C. All notices, declarations, and final determinations required to be served on an owner shall be served in one of the following methods:
1. Certified mail, return receipt requested, and regular mail to owner’s last known address; or
2. Personally; or
3. If the owner cannot be located after diligent attempts to serve the owner by one of the first two methods, by posting the declaration in a conspicuous place at the owner’s last known address.
When service is accomplished by mail pursuant to subsection (C)(1) of this section, service shall be considered complete on the third day after the item is postmarked.
D. This chapter does not apply to dogs used by law enforcement officials for police work. (Ord. 2676 § 1 (part), 2019)
6.10.020 Declaring dog as potentially dangerous.
A. Metro may find and declare a dog potentially dangerous if any animal control officer has probable cause to believe that the dog falls within the definitions set forth in SMC 6.04.020(U) and the exclusions contained in this section do not apply.
1. The written finding must be based upon:
a. The written complaint of a citizen who is willing to testify that the dog has acted in a manner which causes it to fall within the definition of SMC 6.04.020(U); or
b. Dog bite reports filed with the Metro; or
c. Actions of the dog witnessed by any animal control officer or law enforcement officer; or
d. Other substantial evidence.
2. Exclusions. A dog may not be declared potentially dangerous if Metro determines, by a preponderance of the evidence, that the threat, injury, or bite alleged to have been committed by the dog was sustained by a person who was at the time committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or who was tormenting, abusing, or assaulting the animal, or who has been in the past observed or reported to have tormented, abused, or assaulted the dog, or who was committing or attempting to commit a crime.
B. Notice to Declare. If any animal control officer determines there is probable cause to declare a dog potentially dangerous, Metro must provide the dog owner with notice that the dog will be declared potentially dangerous. Fifteen days after the notice is served, unless such notice is otherwise rescinded by Metro or the director, the dog will be deemed potentially dangerous pursuant to this chapter.
1. Contents of Notice. The notice shall be in writing and shall state the statutory basis for the declaration, the reasons Metro considers the dog potentially dangerous, a statement that the dog is subject to permitting and other restrictions required by this chapter, including a recitation of the restrictions and requirements in SMC 6.10.040 (permitting), 6.10.080 (confinement), and 6.10.090 (notification), an explanation of the owner’s rights, the proper procedure for appealing the declaration, and the opportunity to meet with the director and give reasons or information as to why the dog should not be declared potentially dangerous. The meeting must be requested by the owner and must take place within 15 days of service of the notice. The director has authority to extend the 15-day deadline for the meeting under extenuating circumstances.
2. Restrictions. Upon service of the notice, the dog shall at all times be confined pursuant to SMC 6.10.080. Furthermore, the owner must comply with all requirements set forth in SMC 6.10.090.
3. Meeting. If, within 15 days after service of the notice, the owner requests a meeting with the director, the director shall notify the owner of the date, time, and location for such meeting. During such meeting, the director will determine whether the owner has established good cause for the notice to be rescinded and will orally inform the owner of his or her decision at such time. Following the meeting, the director shall serve the owner with a written letter explaining the director’s decision. If the director rescinds the notice, the dog will not be deemed potentially dangerous and no further action is required by the owner.
4. Effect of Notice. On the sixteenth day following service of the notice to declare, unless said notice is rescinded by Metro or the director, the dog shall be deemed potentially dangerous. (Ord. 2676 § 1 (part), 2019)
6.10.030 Appealing the declaration of potentially dangerous dog.
If the owner wishes to appeal the declaration of potentially dangerous dog:
A. The owner shall submit a written notice of appeal to the municipal court together with the applicable fee charged by the city in which the dog resides or is kept for dangerous dog appeals, and shall serve a copy of the same upon Metro within 15 calendar days of the day the dog is deemed to be potentially dangerous pursuant to the notice to declare described in SMC 6.10.020(B).
B. On appeal before the municipal court, the burden shall be on the city to prove the declaration of potentially dangerous dog, as defined in SMC 6.04.020(U), is supported by a preponderance of the evidence. The municipal court shall set a hearing on the appeal with notice to all parties of the date, time, and location of the hearing.
C. The hearing before the municipal court is not subject to the evidentiary rules of the court system, but shall be guided by the concept of due process. Evidence, including hearsay evidence, is admissible if in the judgment of the court it is the kind of evidence upon which reasonably prudent persons are accustomed to rely upon in the conduct of their affairs. The court may exclude evidence that is irrelevant, unreliable, immaterial, or unduly repetitious.
D. The municipal court shall have the authority to make the following determination on appeal:
1. Rescind the declaration of potentially dangerous dog;
2. Uphold the declaration of potentially dangerous dog; or
3. Condition the declaration of potentially dangerous dog for a period not to exceed 12 months, at which time the municipal court shall conduct a review hearing to determine if sufficient evidence supports maintaining the declaration of potentially dangerous dog. During any period of conditional declaration, the owner shall obtain a potentially dangerous dog permit and comply with all provisions set forth in SMC 6.10.040 (permitting), 6.10.080 (confinement), and 6.10.090 (notification). The owner is responsible for requesting a review hearing at the end of the conditional declaration period. The conditional declaration shall remain in effect until it is revised or rescinded by the municipal court.
E. If the owner wishes to appeal the municipal court’s decision, the appeal must be filed with the clerk of the Pierce County superior court, and a copy of the appeal served upon Metro, within 15 calendar days of the date of the municipal court’s written decision.
F. While any appeal is pending, the provisions of SMC 6.10.080 and 6.10.090 shall apply. (Ord. 2676 § 1 (part), 2019)
6.10.040 Permits for potentially dangerous dogs.
A. It is unlawful for an owner to have a potentially dangerous dog in the city without a current permit issued under this section. Within 15 calendar days following either: (1) the expiration of the appeal deadline, if no appeal is filed, or (2) service of a decision affirming the declaration on appeal after exhaustion of the appeal process, the owner of a potentially dangerous dog shall obtain a permit from Metro.
B. Permit Submittals. Metro may issue a permit to the owner of a potentially dangerous dog if the owner completes the following:
1. Provides payment of the permit fee;
2. Provides proof that the dog has been microchipped (and microchip number is provided);
3. Provides a current, color, digital photograph (in electronic format) each of the front and the profile/side of the dog (minimum three inches by five inches in size) for identification purposes;
4. Provides proof of current rabies vaccination;
5. Provides proof of 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 $100,000, insuring the owner for any personal injuries or property damage inflicted by the potentially dangerous dog; and
6. Demonstrates the following to Metro during an inspection of the premises:
a. The dog is confined in a proper enclosure as defined in SMC 6.04.020(CC);
b. There is a conspicuously posted and clearly visible warning sign as defined in SMC 6.04.020(DD);
c. The dog is wearing a current license tag; and
d. Possession of a muzzle for the dog as defined in SMC 6.04.020(EE). The muzzle must be available at the time of inspection.
The inspection by Metro, and any reinspections that may be necessary, must be scheduled within 10 calendar days after the end of the 15-day appeal deadline, if no appeal is made, or service of a decision affirming the declaration on appeal after exhaustion of the appeal process, if an appeal is made. An owner who fails to pass inspection shall pay a $50.00 reinspection fee per occurrence. Reinspection must occur during the prescribed 10-calendar-day period.
C. Permit Renewal. The owner of a potentially dangerous dog shall renew the potentially dangerous dog permit annually and within 30 days of the expiration of the permit. To renew the permit, the owner must provide the following to Metro:
1. Proof of current rabies vaccination;
2. 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 $100,000, insuring the owner for any personal injuries and property damage inflicted by the potentially dangerous dog; and
3. Payment of the renewal fee. See SMC 6.04.030(B).
D. With no less than 48 hours’ notice, Metro has the right to inspect the premises and ensure adherence to the requirements herein. (Ord. 2676 § 1 (part), 2019)
6.10.050 Declaring dog as dangerous.
A. Metro may find and declare a dog dangerous if any animal control officer has probable cause to believe that the dog falls within the definitions set forth in SMC 6.04.020(V) and the exclusions contained in this section do not apply. The written finding must be based upon:
1. The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of SMC 6.04.020(V); or
2. Dog bite reports filed with Metro; or
3. Actions of the dog witnessed by any animal control officer or law enforcement officer; or
4. Other substantial evidence.
B. Exclusions. A dog shall not be declared dangerous if Metro determines, by a preponderance of the evidence, that the threat, injury, or bite alleged to have been committed by the dog was sustained by a person who was at the time committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or who was tormenting, abusing, or assaulting the dog, or who has been in the past observed or reported to have tormented, abused, or assaulted the dog, or who was committing or attempting to commit a crime.
C. Notice to Declare. If any animal control officer determines there is probable cause to declare a dog dangerous, Metro must provide the dog owner with notice that the dog will be declared dangerous. Fifteen days after the notice is served, unless such notice is otherwise rescinded by Metro or the director, the dog will be deemed dangerous pursuant to this chapter.
1. Contents of Notice. The notice shall be in writing and shall state the statutory basis for the declaration, the reasons Metro considers the dog dangerous, a statement that the dog is subject to permitting and other restrictions required by this chapter, including a recitation of the restrictions in SMC 6.10.070 (permitting), 6.10.080 (confinement), and 6.10.090 (notification), an explanation of the owner’s rights, the proper procedure for appealing the declaration, and the opportunity to meet with the director and give reasons or information as to why the dog should not be declared dangerous. The meeting must be requested by the owner and must take place within 15 days of service of the notice. The director has authority to extend the 15-day deadline for the meeting under extenuating circumstances.
2. Restrictions. Upon service of the notice, the dog shall at all times be confined pursuant to SMC 6.10.080. Furthermore, the owner must comply with all requirements set forth in SMC 6.10.090.
3. Meeting. If, within 15 days after service of the notice, the owner requests a meeting with the director, the director shall notify the owner of the date, time, and location for such meeting. During such meeting, the director will determine whether the owner has established good cause for the notice to be rescinded or amended from dangerous to potentially dangerous, and will orally inform the owner of its decision at such time. Following the meeting, the director shall serve the owner with a written letter explaining the director’s decision. If the director rescinds the notice, the dog will not be deemed dangerous and no further action is required by the owner. If the director amends the notice to declare from dangerous to potentially dangerous, the same appeal period applies as if the notice to declare had not been amended.
4. Effect of Notice. On the sixteenth day following service of the notice to declare, unless said notice is rescinded or amended by Metro or the director, the dog shall be deemed dangerous. (Ord. 2676 § 1 (part), 2019)
6.10.060 Appealing the declaration of dangerous dog.
If the owner wishes to appeal the declaration of dangerous dog:
A. The owner shall submit a written notice of appeal to the municipal court together with the applicable fee charged by the city in which the dog resides or is kept for dangerous dog appeals, and shall serve a copy of the same upon Metro within 15 calendar days of the day the dog is deemed to be dangerous pursuant to the notice described in SMC 6.10.050(C).
B. On appeal before the municipal court, the burden shall be on the city to prove the declaration of dangerous dog, as defined in SMC 6.04.020(V), is supported by a preponderance of the evidence. The municipal court shall set a hearing on the appeal with notice to all parties of the date, time, and location of the hearing.
C. The hearing before the municipal court is not subject to the evidentiary rules of the court system, but shall be guided by the concept of due process. Evidence, including hearsay evidence, is admissible if in the judgment of the court it is the kind of evidence upon which reasonably prudent persons are accustomed to rely upon in the conduct of their affairs. The court may exclude evidence that is irrelevant, unreliable, immaterial, or unduly repetitious.
D. The municipal court shall have the authority to make the following determination on appeal:
1. Rescind the declaration of dangerous dog;
2. Uphold the declaration of dangerous dog; or
3. Condition the declaration of dangerous dog for a period not to exceed 12 months, at which time the Sumner municipal court shall conduct a review hearing to determine if sufficient evidence supports maintaining the declaration of dangerous dog. During any period of conditional declaration, the owner shall obtain a dangerous dog permit and comply with all provisions set forth in SMC 6.10.070 (permitting), 6.10.080 (confinement), and 6.10.090 (notification). The owner is responsible for requesting a review hearing at the end of the conditional declaration period. The conditional declaration shall remain in effect until it is revised or rescinded by the municipal court.
E. If the owner wishes to appeal the municipal court’s decision, the appeal must be filed with the clerk of the Pierce County superior court, and a copy of the appeal served upon Metro, within 15 calendar days of the date of the municipal court’s written decision.
F. While any appeal is pending, the provisions of SMC 6.10.080 and 6.10.090 shall apply. (Ord. 2676 § 1 (part), 2019)
6.10.070 Permits for dangerous dogs.
A. It is unlawful for an owner to have a dangerous dog in the city without a current permit issued under this section. Within 15 calendar days following either (1) the expiration of the appeal deadline, if no appeal is filed, or (2) service of a decision affirming the declaration on appeal after exhaustion of the appeal process, the owner of a dangerous dog shall obtain a permit from Metro.
B. Permit Submittals. Metro may issue a permit to the owner of a dangerous dog if the owner completes the following:
1. Provides payment of the permit fee;
2. Provides proof that the dog has been microchipped (and microchip number provided);
3. Provides a current, color, digital photograph (in electronic format) each of the front and the profile/side of the dog (minimum three inches by five inches in size) for identification purposes;
4. Provides proof of current rabies vaccination;
5. Provides proof of 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 $500,000, insuring the owner for any personal injuries and property damage inflicted by the dangerous animal;
6. Demonstrates the following to Metro during an inspection of the premises:
a. The dog is confined in a proper enclosure as defined in SMC 6.04.020(CC);
b. There is a conspicuously posted and clearly visible warning sign as defined in SMC 6.04.020(DD);
c. The dog is wearing a current license tag; and
d. Possession of a muzzle for the dog as defined in SMC 6.04.020(EE). The muzzle must be available at the time of inspection.
The inspection by Metro, and any reinspections, must be scheduled within 10 calendar days after the end of the 15-day appeal deadline, if no appeal is made, or service of a decision affirming the declaration on appeal after exhaustion of the appeal process, if an appeal is made. An owner who fails to pass inspection will be subject to a $50.00 reinspection fee per occurrence. Reinspection must occur during the prescribed 10-calendar-day period.
C. Permit Renewal. The owner of a dangerous dog shall renew the dangerous dog permit annually and no later than 30 days of the expiration of the permit. To renew the permit, the owner must provide the following to Metro:
1. Proof of a current rabies vaccination;
2. 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 $500,000, insuring the owner for any potential injuries and property damage inflicted by the dangerous dog; and
3. Payment of the renewal fee. See SMC 6.04.030(B).
D. With no less than 48 hours’ notice, Metro has the right to inspect the premises and ensure adherence to the requirements herein. (Ord. 2676 § 1 (part), 2019)
6.10.080 Confinement of potentially dangerous or dangerous dog.
Every dangerous or potentially dangerous dog must at all times be confined and controlled as follows:
A. On the premises in a proper enclosure as defined in SMC 6.04.020(CC);
B. In an area completely enclosed by a fence of sufficient height, substance, and condition to prevent the escape of the dog while under the direct, in person, supervision of a person 18 years or older who is capable of preventing the escape of the dog from the fenced area; or
C. If beyond the premises, then securely leashed and humanely muzzled while under the direct supervision of a person 18 years or older who is capable of controlling the dog, and any other restrictions deemed necessary by Metro.
These restrictions apply while an appeal of the potentially dangerous dog declaration or dangerous dog declaration is pending. (Ord. 2676 § 1 (part), 2019)
6.10.090 Notification of status of potentially dangerous or dangerous dog.
A. The owner of a dog that has been declared potentially dangerous or dangerous dog shall immediately notify Metro when such dog:
1. Is loose or unconfined; or
2. Has bitten or otherwise injured a human being or attacked another animal or livestock; or
3. Is sold or given away or dies; or
4. Is permanently relocated to another address; or
5. Is temporarily moved to another address for longer than 30 days.
B. At least 48 hours prior to a potentially dangerous or dangerous dog being sold, moved or given away, the owner shall provide the name, address, and telephone number of the new owner to Metro. Prior to selling, moving, or giving the dog away, the owner shall also notify the new owner that the dog has been declared potentially dangerous or dangerous. The new owner shall comply with all of the requirements of this chapter.
These restrictions apply while an appeal of the potentially dangerous dog declaration or dangerous dog declaration is pending. (Ord. 2676 § 1 (part), 2019)
6.10.095 Potentially dangerous or dangerous dogs temporarily located within this jurisdiction.
Any dog that is declared dangerous or potentially dangerous by another jurisdiction shall, at all times that the dog is located within the city, comply with the confinement restrictions imposed by SMC 6.10.080, regardless of whether the dog resides in the city. (Ord. 2781 § 1 (Exh. A), 2021)
6.10.100 Relocating a potentially dangerous or dangerous dog from another jurisdiction.
Upon relocation to this city, any dog that is declared dangerous or potentially dangerous by another jurisdiction shall comply with all dangerous or potentially dangerous dog obligations imposed by this chapter as follows: (1) upon relocation to this city, the owner shall immediately comply with the confinement restrictions in SMC 6.10.080 and the notification requirements of SMC 6.10.090, and (2) within 15 working days, the owner shall obtain a dangerous or potentially dangerous dog permit from Metro. For purposes of this provision, a dog shall be considered to have relocated to this city when either: (1) the owner of the dog resides within the city, or (2) the dog has been physically present or kept in the city for more than 15 days. A dog shall be considered “kept in the city” for any particular day even when the dog is taken out of the city for a day trip or errand. (Ord. 2781 § 1 (Exh. A), 2021; Ord. 2676 § 1 (part), 2019)
6.10.110 Vacating a dangerous or potentially dangerous dog declaration.
A. Dogs Declared Dangerous or Potentially Dangerous by Metro. Three years after a dog has been declared potentially dangerous or dangerous, the owner may request that Metro vacate the declaration by serving such a request to Metro along with the applicable fee charged by the city in which the dog resides or is kept. A vacancy shall not be considered unless the dog has been in compliance and has no violations of the restrictions and permitting requirements imposed as a result of the declaration for a minimum of three years. Upon receipt of a request to vacate a declaration, Metro shall provide the request to the director for consideration. The director may vacate the declaration if it determines that the declaration is no longer appropriate as a result of a change in the dog’s behavior due to age, health, training, and/or other factors. It is the owner’s burden to provide information to Metro in support of vacating the declaration. There shall be no appeal from Metro’s decision in response to a request to vacate a declaration.
B. Dogs Declared Dangerous or Potentially Dangerous by Another Jurisdiction. For any dog that has been declared potentially dangerous or dangerous by another jurisdiction, three years after the dog has resided within the city, the owner may request that Metro waive the permit requirement and confinement restrictions by serving such a request to Metro along with the applicable fee charged by the city in which the dog resides or is kept. A waiver shall not be considered unless the dog has been in compliance and has no violations of the restrictions and permitting requirements imposed as a result of the declaration for a minimum of three years. Metro may waive any such dangerous dog or potentially dangerous dog restrictions or requirements if it determines that such restrictions or requirements are no longer appropriate as a result of a change in the dog’s behavior due to age, health, training, and/or other factors. It is the owner’s burden to provide information to Metro in support of waiving the restrictions and requirements. There shall be no appeal from Metro’s decision in response to a waiver request under this section. (Ord. 2781 § 1 (Exh. A), 2021; Ord. 2676 § 1 (part), 2019)
6.10.120 Violations.
A. Criminal Penalties. It shall be unlawful for any person owning or harboring or having care of a potentially dangerous dog or dangerous dog to allow or permit such dog to be in violation of SMC 6.10.040(A) (permitting for potentially dangerous dogs), 6.10.070(A) (permitting for dangerous dogs), 6.10.080 (confinement), 6.10.090(B) (notification), and 6.10.100 (relocating). Any such person found to be in violation of these provisions shall, upon conviction thereof, be found guilty of a gross misdemeanor punishable by imprisonment in jail of no more than 364 days or by fine of not more than $5,000, or both.
In addition and upon conviction, the court may order the seizure, impoundment, and/or forfeiture of any dog which is the subject of the criminal proceedings. Furthermore, any potentially dangerous or dangerous dog which attacks a human being, domestic animal, or livestock may be ordered destroyed when, in the court’s judgment, such dog represents a continuing threat of serious harm to human beings or domestic animals. The court shall order any person convicted under this section to pay all costs of confinement, control, and/or destruction, including any necessary veterinary fees and the daily boarding fee outlined in SMC 6.04.030(B).
B. When Metro determines that a dog is in violation of any provision of this chapter, Metro is authorized to immediately seize and impound such dog. If, after notification to the owner regarding the violation, the owner fails to correct the violation within 15 days, Metro is authorized to destroy the dog.
Metro is authorized, but not required, to grant the owner an extension of time to correct the violation before destruction of the dog. The owner shall pay all costs of confinement and control, including any necessary veterinary fees and the daily boarding fee outlined in SMC 6.04.030(B), and all costs for the destruction of the dog. All costs must be paid before the dog may be redeemed by the owner.
C. In addition to the provisions of subsection (B) of this section, while an appeal is pending, Metro is authorized to immediately seize and impound the dog for the remainder of the appeal process when Metro determines that the dog is in violation of SMC 6.10.080 (confinement) or that the dog has inflicted a bite upon another animal or person. The owner shall pay all costs of confinement and control, including any necessary veterinary fees and the daily boarding fee outlined in SMC 6.04.030(B). All costs must be paid before the dog may be redeemed by the owner.
D. It shall be a Class 1 civil infraction, punishable by a fine not to exceed $250.00 plus statutory assessments, for any person owning or harboring or having care of a potentially dangerous dog or dangerous dog to allow or permit such dog to be in violation of SMC 6.10.095. (Ord. 2781 § 1 (Exh. A), 2021; Ord. 2676 § 1 (part), 2019)