Chapter 6.05
POTENTIALLY DANGEROUS DOGS AND DANGEROUS DOGS
Sections:
6.05.020 Certification of dangerous dogs.
6.05.030 Dangerous dogs--Potentially dangerous dogs.
6.05.040 Nuisance--Impoundment--Reclamation--Fee.
6.05.010 Definitions.
For the purpose of this chapter:
A. “Animal control authority” means the person, association or corporation appointed or authorized (including contractual authorization) by the mayor and/or police chief of the town to carry out the duties of the animal control officer and enforcement under this chapter.
B. “Animal control officer” means any individual employed, contracted with, or appointed by the town for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals and includes any local law enforcement officer or employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
C. “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.
D. “Domestic animals” means any animals that are usually tamed and bred for the use of humans.
E. “Provocation” means taunting, striking or screaming at a dog or unauthorized entry onto the premises where a dog is kept.
F. “Potentially dangerous dog” means any dog that when unprovoked:
1. Inflicts bites on a human or a domestic animal either on public or private property; or
2. Chases or approaches a person upon the street, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or 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.
G. “Dangerous dog” means any dog that according to the records of the appropriate authority:
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 owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals.
H. “Person” means any person, firm, partnership, corporation or association.
I. “Proper enclosure of a dangerous dog” means, while on the owner's property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked 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.
J. “Owner” means any person, firm, partnership, corporation, organization, or department possessing, harboring, keeping, having an interest in or having control or custody of an animal.
K. “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. (Ord. 396 §18, 2002)
6.05.020 Certification of dangerous dogs.
A. It is unlawful for an owner or custodian to have a dangerous dog in the town without a certificate of registration issued under this section. This section shall not apply to dogs used by law enforcement officials for police work.
B. The town clerk shall issue a certificate of registration to the owner or custodian of a dangerous dog if the owner or custodian presents to the animal control authority 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 or custodian shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog. Each day the dog remains within the town without a proper enclosure to confine it or without the required signs posted shall constitute a separate violation.
2. A surety issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the animal control authority in the amount required by state law, payable to any person injured by the dangerous dog. Each day the dog remains within the town without proper surety shall constitute a separate violation.
3. A policy of liability insurance, in a form acceptable to the animal control authority, such as homeowner's insurance, issued by an insurer qualified under RCW Title 48 in the amount required by state law, insuring the owner for any personal injuries inflicted by the dangerous dog. Each day the dog remains within the town without proper surety shall constitute a separate violation.
C. It is unlawful for an owner or custodian of a dangerous dog to permit the dog to be outside the enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any person or animal. Each time the dog is outside the enclosure without the proper muzzle or restraint shall constitute a separate violation.
D. Dogs 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.
E. All licensed dangerous dogs shall be identified by means of a blaze orange collar at least two inches wide. Each day the animal is without the blaze orange collar shall constitute a separate violation.
F. Every owner or custodian that has a dangerous dog in the town shall obtain a certificate of registration from the town. Each day the dog remains within the town without a certificate of registration shall constitute a separate violation.
G. The town clerk shall charge an annual certificate of registration fee of one hundred dollars for each dangerous dog, in addition to regular dog licensing fees. (Ord. 425 §3, 2004: Ord. 396 §19, 2002)
6.05.030 Dangerous dogs--Potentially dangerous dogs.
A. It is unlawful for the owner or custodian of a potentially dangerous dog, as defined in this chapter, to cause, permit or allow such dog to be off the premises of such custodian or owner unless:
1. Such dog is under the direct control of an adult person by means of a leash or chain not more than eight feet in length and a muzzle;
2. Licensed as a potentially dangerous dog including payment of an annual potentially dangerous dog registration fee of one hundred dollars, in addition to regular dog licensing fees.
B. It shall be unlawful for the owner or custodian to keep a potentially dangerous dog, as defined in this chapter, upon their premises without displaying a permanent, clearly visible warning sign with a warning symbol that informs children of the presence of a potentially dangerous dog. (Ord. 425 §4, 2004: Ord. 396 §20, 2002)
6.05.040 Nuisance--Impoundment--Reclamation--Fee.
A. Every owner of an animal shall exercise proper care and control of his animal to prevent the animal from becoming a public nuisance. Molesting passersby, chasing vehicles, attacking other domestic animals and damaging property shall be deemed a nuisance and it is unlawful for the owner or custodian of a dog to allow such a nuisance to exist.
B. Further it is unlawful to permit an animal which has the propensity to bite or attack human beings to run loose on or within the owner's premises in such a manner as to endanger the safety of any person lawfully entering such premises.
C. Any dangerous dog shall be immediately confiscated by an animal control authority if the:
1. Dog is not validly registered under Section 6.05.020;
2. Owner does not secure and have in place the surety bond or liability insurance coverage required under this chapter;
3. Dog is not maintained in the proper enclosure;
4. Dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of the responsible person. In addition, the owner shall be guilty of a gross misdemeanor for violation of this subsection under RCW 16.08.100.
D. If a dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person or another domestic animal, the dangerous dog shall be immediately confiscated by the animal control authority, placed in quarantine for the proper length of time and thereafter destroyed in an expeditious and humane manner; provided, however, that the owner shall have the right to file an appeal as provided in this section and the animal shall not be disposed of after the receipt of a notice of appeal until the appeal has been heard and determined as provided.
E. Any dog that aggressively attacks and causes severe injury or death of any human, whether the dog has previously been declared potentially dangerous or dangerous, shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time and thereafter destroyed in an expeditious and humane manner; provided, that the owner shall have the right to file an appeal as provided in this section and the animal shall not be disposed of after the receipt of a notice of appeal until the appeal has been heard and determined.
F. 1. Any dog impounded as authorized under the provisions of this chapter, except subsections (D) or (E) of this section, shall be confined to and kept in the municipal animal shelter, or other suitable animal shelter, for not less than seventy-two hours, unless reclaimed by its owner or the owner's authorized representative.
2. Upon impoundment of any dog or confiscation of a dangerous dog, the impounding authority shall give notice of impound or confiscation as follows:
a. As soon as possible after the impoundment, notify the owner, if known, of the impoundment by telephone, or if notification is not possible by telephone, then by writing. The notification shall contain a description of the dog and license number, the reason for impoundment and the terms upon which such dog may be reclaimed. Written notice shall be served personally upon the owner, or if the owner cannot be found, then upon any person of suitable age and discretion residing at the owner's residence. If personal or substituted service cannot be accomplished, then notice shall be served by certified mail, return receipt requested.
b. If the owner of an impounded dog is unknown, then written notice of the impoundment containing the information required under subsection (F)(2)(a) of this section shall be posted as soon as possible after impoundment in a conspicuous place at City Hall.
3. An owner of a dog may reclaim such dog, after any required quarantine, by paying all impound fees, board fees and applicable license fees as established by resolution of the town council pursuant to the provisions of Section 6.05.020.
4. Any dog or other animal which is not claimed by its owner or an authorized representative thereof with forty-eight hours of notice of the impoundment having been given to the owner shall become the property of the town and may be placed for adoption in a new home subject to the payment of the applicable fee as established by resolution of the town council, humanely destroyed, or delivered to a recognized publicly supported teaching and research institution. The owner at the time of impound shall be civilly liable for all costs incurred by the town for the costs of impounding, boarding and disposing of or placing such animal. Any dog subject to quarantine shall not be destroyed until the period of quarantine has run.
5. Any dangerous dog which is confiscated pursuant to this section will be humanely destroyed within forty-eight hours after its notice of confiscation is served or posted pursuant to this section, unless its owner or his agent requests a hearing as provided in this subsection and the dog is ordered released by the court. Dogs subject to quarantine shall not be destroyed until the period of quarantine has run. If the town prevails at the hearing, the dog shall be humanely destroyed. The owner shall be civilly liable for all costs incurred by the town for the costs of impounding, boarding and disposing of or placing such animal. Requests for such hearing shall be filed with the Lincoln County district court by the dog owner or his agent with a copy served upon the chief of police or his designee and shall be made on a form which shall read substantially as follows:
IN THE DISTRICT COURT FOR LINCOLN COUNTY
NO.________
REQUEST FOR DANGEROUS DOG
CONFISCATION HEARING
IN RE THE CONFISCATION OF A DOG NAMED ____________.
I,________________________, as owner or the owner's agent of a (dog's name and description) request a hearing to contest its confiscation. The dog is currently being held at the town impoundment facility. I understand that if I fail to appear at the time set by the court for the hearing, the dog shall be humanely destroyed by the town.
DATED this _______day of ____________, 20___.
(Signature of owner or agent)
(Telephone number of owner or agent)
G. Persons that violate subsection (D) or (E) of this section are subject to conviction for violation of similar provisions under Chapter 16.08 RCW of a class C felony. Notwithstanding any other provision in this title, nothing herein is intended to conflict with state law or subject any person to conviction of a crime by the town for violation of subsection (D) or (E) of this section. (Ord. 396 §21, 2002)
6.05.050 Violation--Penalty.
Violation of any provisions of this chapter shall be a civil infraction and shall be subject to a fine at the rate as set forth in Section 1.08.030. (Ord. 396 §22, 2002)