Chapter 8.12
AGGRESSIVE OR VICIOUS DOGS
Sections:
8.12.020 Aggressive or vicious dogs – Determination procedures.
8.12.030 Restrictions on aggressive and vicious dogs.
8.12.040 Aggressive or vicious dogs – General requirements.
8.12.050 Possession of dangerous animals prohibited.
8.12.060 Rabies vaccination required.
8.12.070 Dog licenses – Guard or attack dogs.
8.12.080 Maximum number of dogs – Exceptions.
8.12.090 Confinement and control.
8.12.100 Safety and sanitation.
8.12.010 Definitions.
As used in this chapter:
(1) (a) “Aggressive or vicious dogs” means dogs that are found to menace, chase, display threatening or aggressive behavior, or otherwise endanger the safety of any human or domestic animal, or dogs with a propensity, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or domestic animals, or any dog which attacks a human being or domestic animal one or more times.
(b) “Aggressive or vicious dogs” shall be classified as follows:
(i) Level 1. A Level 1 dog is one which menaces, chases or displays threatening behavior to any domestic animal, or has been found running at large two or more times during a 12-month period.
(ii) Level 2. A Level 2 dog is any dog which has shown aggressive tendencies by menacing, chasing or otherwise endangering the safety of a human.
(iii) Level 3. A Level 3 dog is any dog which when unprovoked has bitten a human or killed a domestic animal.
(iv) Level 4. A Level 4 dog is any dog which has attacked a human resulting in serious injury or death, or which has bitten a human on two or more occasions, or which has attacked and killed another domestic animal on two or more occasions.
(2) “Animal” means and includes vertebrates except Homo sapiens.
(3) “Animal control authority” means the person, association or corporation, appointed or authorized (including contractual authorization) by the city manager of the city to carry out the duties of animal control officer and enforcement under this chapter.
(4) “Animal control officer” means and includes the person(s) designated by the city to impound, retain, care for, and dispose of animals found to be in violation of this chapter.
(5) “At large” means off the premises of the owner and not under the immediate control of the owner, member of his immediate family or person authorized by him, by means of a leash, cord or chain no longer than eight feet and of sufficient strength to restrain the dog.
(6) “Detain” means apprehend and/or keep an animal in custody.
(7) “Dispose of in a humane manner” means the animal may be adopted, turned over to the Humane Society, or euthanized by an overdose of sodium phenobarbital, as appropriate.
(8) “Domestic animal” means an animal that is usually tamed and bred for the uses of humans.
(9) “Guard dog” or “attack dog” means a dog not owned by a governmental agency which has been trained and is used for the purpose of protecting persons or property by exhibiting hostile and aggressive behavior or which will attack on signal or command.
(10) “Harboring” means allowing any animal to remain, be lodged, fed or sheltered, for more than 24 hours, on property one owns, occupies or controls.
(11) “Holding period” means the 72-hour period commencing at 1:00 a.m. following the date of detainment for any animal.
(12) “Inhumane treatment” means every act, omission or neglect whereby any animal is caused or permitted unnecessary or unjustifiable physical pain or suffering.
(13) “Owner” means a person who harbors, keeps, causes or permits any animal to remain on or about his/her premises or who has legal title to the animal.
(14) “Quarantine” means the isolation by the animal control officer of an animal for the purpose of determining whether the animal is diseased and to prevent the spread of disease.
(15) “Trespassing” means an animal which enters upon property owned by another without the authorization of the lawful occupant.
(16) “Vicious animal” means an animal with a propensity, tendency or disposition to attack, to cause injury, or to otherwise endanger the safety of human beings or domestic animals; or any animal which attacks a human being or domestic animal one or more times without provocation; or any animal which has been quarantined for the second time for biting humans. (Ord. 1918 § 1 (Exh. A), 2020; Ord. 1026 § 1, 1990)
8.12.020 Aggressive or vicious dogs – Determination procedures.
(1) Whenever the animal control officer has reason to believe that a dog has exhibited vicious or aggressive tendencies, he shall issue to the owner thereof a notification charging the dog with being a Level 1, 2, 3, or 4 dog as appropriate. The aggressive dog notification shall further identify the requirements and restrictions for a dog of that level, and shall require the owner’s compliance therewith. The aggressive dog notification shall also contain a request for hearing form by which the owner of the dog may request a hearing to contest the animal control officer’s aggressive dog notification.
(2) Any owner of a dog may contest the animal control officer’s aggressive dog notification by filing with the municipal court a written request for hearing within seven days of receiving the aggressive dog notification.
(3) If the owner does not request a hearing within seven days, or requests a hearing and then fails to appear at the hearing, then the aggressive dog notification of the animal control officer shall be final and binding upon the owner.
(4) Any hearing conducted to determine whether a dog is an aggressive or vicious dog shall be in accordance with the Rules of Civil Procedure for Justice Courts. The city shall have the burden of proving by preponderance of the evidence that the dog is aggressive or vicious and should be subject to the restrictions pertaining to aggressive and vicious dogs.
(5) Upon conclusion of the hearing, the court shall determine whether the dog is an aggressive or vicious dog, and if so, what level of restrictions should be applied.
(6) Any owner who keeps a dog classified as an aggressive or vicious dog and who fails to comply with the applicable restrictions and requirements for that classification level shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $1,000 or imprisonment for not more than 90 days, or by both such fine and imprisonment. (Ord. 1026 § 1, 1990)
8.12.030 Restrictions on aggressive and vicious dogs.
(1) Level 1. A Level 1 dog is one which menaces, chases or displays threatening behavior to any domestic animal, or has been found running at large two or more times during a 12-month period. A Level 1 dog is required to be restrained whenever outside the owner’s home, and shall be prevented from reaching an adjoining or public or private property. When off the property the dog must be on leash of no longer than eight feet, and under the control of a responsible person.
(2) Level 2. A Level 2 dog is any dog which has shown aggressive tendencies by menacing, chasing or otherwise endangering the safety of a human. A Level 2 dog is required to be restrained on the owner’s property by a secure fence with a secure locking device, with the fence to be at least six feet high. When off the property, the dog must be on a leash of no longer than eight feet in length and under the control of a responsible person.
(3) Level 3. A Level 3 dog is any dog which when unprovoked has bitten a human or killed a domestic animal. A Level 3 dog is required to be restrained on the owner’s property in the same manner as a Level 2 dog, with the additional requirement that signs be prominently displayed at all entrances to the premises, clearly warning of the presence of an aggressive or vicious dog. When off the property, the dog must be muzzled in addition to the requirements for a Level 2 dog.
(4) Level 4. A Level 4 dog is any dog who has attacked a human resulting in serious injury or death, or which has bitten a human on two or more occasions, or which has attacked and killed another domestic animal on two or more occasions. A Level 4 dog shall be immediately taken into custody and be humanely killed not less than four working days after impoundment unless exempt by the court. Any owner who keeps a dog classified as aggressive or vicious, and who fails to comply with the applicable restrictions and requirements for that classification level, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $1,000 or imprisonment for not more than 90 days, or both. (Ord. 1026 § 1, 1990)
8.12.040 Aggressive or vicious dogs – General requirements.
(1) A Level 1 dog is required to be restrained whenever outside the owner’s home, and shall be prevented from reaching any adjoining or public or private property. When off the property, the dog must be on a leash of no longer than eight feet, and under the control of a responsible person.
(2) A Level 2 dog is required to be restrained on the owner’s property by a secure fence with a secure locking device, with the fence to be at least six feet high. When off the property, the dog must be on a leash of no longer than eight feet, and under the control of a responsible person.
(3) A Level 3 dog is required to be restrained on the owner’s property in the same manner as a Level 2 dog with the additional requirement that signs be prominently displayed at all entrances to the premises clearly warning of the presence of an aggressive or vicious dog. When off of the owner’s property, the dog must be muzzled in addition to the requirement for a Level 2 dog.
The owner of a Level 3 dog must present to the animal control officer evidence that 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 $50,000 payable to any person injured by the Level 3 dog, or a policy of liability insurance, such as home owner’s insurance, issued by an insurer qualified under Title 48 RCW in the amount of at least $50,000, insuring the owner for any personal injuries inflicted by the Level 3 dog.
(4) A Level 4 dog shall immediately be taken into custody and be humanely killed not less than four working days after impoundment unless exempt by the court. (Ord. 1026 § 1, 1990)
8.12.050 Possession of dangerous animals prohibited.
No person shall own any dangerous or wild animal unless he/she has obtained a permit from the State Game Department and/or Federal Fish and Wildlife Service; provided, that the animal control authority may allow a person to temporarily care for an infant or injured wild animal native to this area which is homeless while the person acquires the necessary state and/or federal permits and upon a showing that the animal will be adequately controlled to protect the health and safety of humans and of other animals. (Ord. 1026 § 1, 1990)
8.12.060 Rabies vaccination required.
(1) All dogs over the age of six months shall have a current rabies vaccination administered by a licensed veterinarian. The owner is required to attach a tag to a collar showing that the dog has been properly vaccinated. A certificate of vaccination must be shown when licensing a dog.
(2) Any dog that has bitten any person shall be immediately confined for a period of at least 10 days. No dog under confinement shall be released from confinement without approval of the animal control officer.
(3) It is unlawful for the owner of any dog that has bitten any person to destroy such dog before it can be properly confined by an animal control officer. The location of such confinement shall be determined by the animal control officer and shall be at the sole expense of the owner or custodian. The owner or custodian of any dog that has been reported as having bitten a person shall produce such dog for examination and quarantine on demand of the animal control officer. If the owner or custodian of any such dog refuses to produce the dog, he/she shall be subject to immediate arrest by a police officer if probable cause exists to believe that the dog has bitten a person and the owner or custodian wilfully refuses to produce the dog on demand. Such persons shall be taken before the judge of the municipal court who may order immediate production of the dog. Any person who wilfully fails or refuses to produce a dog that has bitten a human being, or who destroys a dog that has bitten a human being, is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $1,000 or imprisonment for not more than 90 days, or by both such fine and imprisonment.
(4) If any dog under quarantine dies, the animal control officer shall take immediate action to obtain a pathological and inoculation examination of the dog. If the dog is found to be rabid, the animal control officer shall notify the county public health officer of any reports of human contact with the dog. Any dog which has not been inoculated against rabies and known to have been bitten by a rabid animal shall immediately be humanely destroyed. (Ord. 1026 § 1, 1990)
8.12.070 Dog licenses – Guard or attack dogs.
No person shall use a guard dog or attack dog without first obtaining a guard or attack dog license. The application for the guard or attack dog shall certify the following information:
(1) The name and address of the owner of the guard/attack dog, description of the dog, address and business name, if any, of the premises the dog will guard;
(2) The name and address of the trainer and the name and address of the purveyor of the dog;
(3) That the premises the dog will guard is adequately secured for the safety of the public;
(4) That signs are displayed on the premises at all entrances clearly warning that a guard/attack dog is on duty;
(5) That the user of the guard/attack dog is aware of and understands the aggressive nature of the dog; and
(6) That the owner of the guard/attack dog has a surety bond or policy of liability insurance in the amount of at least $50,000, insuring the owner for any personal injuries inflicted by the dog. (Ord. 1026 § 1, 1990)
8.12.080 Maximum number of dogs – Exceptions.
No person shall keep more than four dogs that are over six months of age on any premises in the city. This restriction will not apply to veterinary clinics, animal pounds, pet stores or commercial kennels that are in compliance with applicable city codes, including but not limited to health, safety and zoning requirements.
It shall further be unlawful for any owner or custodian to suffer or permit any animal, reptile or fowl to trespass upon private or public property as to damage, disturb, injure, destroy or soil any property or thing of value. (Ord. 1026 § 1, 1990)
8.12.090 Confinement and control.
It is unlawful for any person to:
(1) Permit any dog to be at large; provided, that dogs may be removed from the premises of the owner if restrained by a leash no more than eight feet in length in the physical control of a person;
(2) Fail to confine any dog that is in heat in a secure enclosure in such a manner that a male dog cannot come in contact with the female without the owner’s permission;
(3) Permit any dog to:
(a) Damage public property or the private property of another, or
(b) Habitually bark, whine or howl;
(4) Permit any dog to trespass upon the property of another;
(5) Tether any dog in such a manner as to permit the animal to enter any sidewalk, street, alley or a place open to the public, or to enter any adjacent property unless authorized by the occupant or owner of the adjacent property;
(6) Possess more than four dogs over six months of age; and
(7) Harbor an animal not his/her own for more than 24 hours without notifying animal control. Any person who feeds, shelters, cares for, or allows an animal to remain on the premises for more than 24 hours without notifying animal control shall be considered the owner of the animal for licensing and other requirements of this chapter.
(8) Veterinary clinics, animal pounds and shelters, pet stores, dog grooming establishments (except those approved under a home occupation permit) and commercial kennels that are in compliance with applicable city codes, including but not limited to health, safety and zoning requirements, are exempt from subsections (3)(b), (6) and (7) of this section. (Ord. 1739 § 1 (Exh. A), 2013; Ord. 1026 § 1, 1990)
8.12.100 Safety and sanitation.
It is unlawful for any person to:
(1) Allow the accumulation of dog feces in the animals’ quarters to become offensive in smell or to litter the quarters;
(2) Fail to remove from public property or private property of another that fecal matter deposited by his/her animal on the property before the owner leaves the immediate area where the fecal matter was deposited;
(3) Permit any animal to spread or spill garbage;
(4) Have possession or control of any animal sick or afflicted with any infection or contagious disease and fail to provide treatment for such infection or disease; or allow or permit such diseased or infected animal to run at large or come in contact with other animals or human beings or drink at any public or common watering trough or stream accessible to other animals; and
(5) Fail to promptly report to the animal control authority any bites inflicted by a dog on a human. (Ord. 1026 § 1, 1990)
8.12.110 Police dogs.
This chapter shall have no effect regarding police dogs as set forth in RCW 4.24.410(a). (Ord. 1026 § 2, 1990)