Chapter 7.12 DANGEROUS ANIMALS

Chapter 7.12
DANGEROUS ANIMALS

Sections:

7.12.010 Potentially dangerous animals.

7.12.020 Failure to control an animal declared potentially dangerous – Declaration of animal as dangerous.

7.12.030 Registration of dangerous animals.

7.12.010 Potentially dangerous animals.

(a) Declaration of an Animal as Potentially Dangerous. The animal control authority shall have the authority to declare and restrict an animal potentially dangerous, if the animal control authority has probable cause to believe that the animal falls within the definitions set forth in Section 7.04.020(26). The declaration 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 Section 7.04.020(26);

(2) Animal bite reports filed with the animal control authority;

(3) Actions of the animal witnessed by any employee of the animal control authority or law enforcement officer; or

(4) Other substantial evidence.

(b) Exclusions. An animal shall not be declared potentially dangerous if the animal control authority determines, by a preponderance of the evidence, that the threat, injury, or bite alleged to have been committed by the animal 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 animal, or who was tormenting, abusing, or assaulting the animal, or who had been in the past observed or reported to have tormented, abused, or assaulted the animal, or who was committing or attempting to commit a crime.

(c) Restrictions. The animal control authority may impose any or all of the following restrictions on an animal to protect the public safety or other animals:

(1) Training. The animal control authority may require the owner of the potentially dangerous animal and the animal to attend, complete, and pay all costs associated with an accredited obedience/training class or seminar. The animal control authority shall pre-approve any choice of class by the owner of the animal, and proof of satisfactory completion of such training shall be provided to the animal control authority upon completion, even if such type of training has been completed by the animal in the past.

(2) Restraint. The animal control authority may require the owner of the potentially dangerous animal to muzzle, leash, collar, confine, lock, isolate, or remove the animal from the county, or any combination of the foregoing.

(3) Indemnification. The animal control authority may require the owner of the potentially dangerous animal to prove purchase of liability insurance or bond and renewals in the amount of $50,000.00 or more, as set by the animal control authority. The insurer/bond issuer must be qualified under Title 48, RCW, and must provide coverage/funds to offset any injuries inflicted by the potentially dangerous animal. All costs associated with the insurance/bond must be paid by the insured.

(4) Registration. The animal control authority may require the owner of the potentially dangerous animal to register annually or upon relocation to the county and to pay a registration fee to cover the costs of an annual and periodic unannounced containment inspection(s). A current color, side/front photograph of the animal may also be required.

(5) Warning. The animal control authority may require the owner of a potentially dangerous animal to post all entrances to any property where such animal is located with such visible warning sign(s) as the animal control authority deems necessary.

(6) Financial Responsibility. The animal control authority may require the owner of a potentially dangerous animal to pay any costs associated with enforcement of this section including, but not limited to, those stated above.

(d) Prohibited Ownership. No person(s) under the age(s) of eighteen years old shall own a potentially dangerous animal, as defined in Section 7.04.020(26).

(e) Notice of Animal Control Authority Declaration. If the animal control authority receives a report of a potentially dangerous animal, it shall immediately initiate an investigation including, but not limited to, interviewing the complainant(s), interviewing the owner of the animal, if known, and observing the animal. Upon completion of its investigation, if the animal is declared potentially dangerous, the animal control authority shall prepare a written declaration. The declaration shall include, but is not limited to, a description of the animal, the name and address of the owner of the animal, if known, a brief summary of the facts upon which the declaration is based, a statement of any restrictions placed on the animal or owner as a consequence of the declaration, a statement of the penalties for further violations, and notice of the right to appeal the declaration.

(f) Service of Notice of Declaration. The animal control authority shall personally serve or send by certified mail its declaration to the owner of the animal. If the owner is unknown, the animal control authority shall make reasonable efforts to notify the owner of its written declaration.

(g) Appeal to Hearing Examiner. The owner of an animal declared potentially dangerous shall have fourteen calendar days from receipt of the written declaration to appeal the declaration to the Clerk of the Board of County Commissioners. Within fourteen calendar days of receiving the written notice of appeal, the Clerk of the Board of County Commissioners shall schedule an appeal hearing before the hearing examiner and provide written notice of the hearing to the owner of the potentially dangerous animal, the animal control authority, and the hearing examiner.

(h) Hearing Before Hearing Examiner. At the appeal hearing before the hearing examiner, the animal control authority shall have the burden of proving that the animal is potentially dangerous by a preponderance of the evidence. The owner of the animal may present evidence in defense of the animal. The hearing examiner shall weigh the evidence presented by both the animal control authority and the owner (if applicable), and shall issue a written decision to the appealing animal owner and animal control authority that either sustains or reverses the animal control authority’s declaration. If the declaration is sustained or reversed by the hearing examiner, the appealing animal owner or the animal control authority shall be notified of the right to appeal. If the declaration is reversed and an appeal is not timely filed by the animal control authority, any restrictions on the animal previously imposed shall be annulled.

(i) Appeal of Hearing Examiner’s Decision. Either the owner of an animal declared potentially dangerous by the authority or the animal control authority itself may appeal the decision of the hearing examiner. A written appeal shall be filed with the clerk of the district court within fourteen calendar days after the date of the hearing examiner’s written decision.

(j) District Court Hearing. Upon receiving a written appeal from an owner of an animal declared potentially dangerous or from the animal control authority, the clerk of the district court shall promptly set a date for a hearing of the appeal. Written notice of the time, date, and place of the appeal hearing shall be delivered or mailed to both the appellant owner of the animal declared potentially dangerous or the animal control authority, and to the respondent animal control authority or animal owner. The notice of the appeal hearing shall be provided at least fourteen calendar days prior to the hearing.

(k) Burden of Proof and Standard of Review. On appeal to the district court, it shall be the appellant’s burden to prove that the decision by the hearing examiner that an animal is/is not potentially dangerous is arbitrary and capricious.

(l) Court Decision.

(1) If the district court finds that the hearing examiner’s decision was arbitrary and capricious, the declaration shall be rescinded and any restrictions imposed shall be annulled. No court costs or attorney fees shall be assessed against the county, the animal control authority, or the hearing examiner in such an instance.

(2) If the district court finds that the decision by the hearing examiner was not arbitrary and capricious, the court may impose court costs, but not attorney fees, against the appellant, and may impose additional restrictions on the potentially dangerous animal.

(m) Change of Ownership, Custody, and/or Residence. Owners of an animal that has been declared potentially dangerous who sell, barter, or otherwise transfer the ownership, custody, or residence of the animal shall, within fourteen calendar days of the change, inform the animal control authority in writing of the name, address, and telephone number of the new owner, and/or the address of the new residence where the animal is located. Such notice shall also include the name, description, and license number of the animal. In the event the ownership and/or custody of the animal changes, the owner shall notify the new owner in writing of the details of the animal’s record relating to being declared potentially dangerous and the terms and conditions of the declaration. The owner shall also provide the animal control authority with a copy of the written notification that shall contain a notarized statement by the new owner acknowledging receipt of the original notification.

(n) Failure to Abide by Restraints. Failure on the part of the owner(s) of a potentially dangerous animal to abide by the restraints placed upon the owner(s) or their animal by the animal control authority, hearing examiner, or district court may result in impoundment of the potentially dangerous animal by the animal control authority, pursuant to Section 7.12.020(c).

(Ord. 266 (2002) § 11, 2002: Ord. 127-A (1999) § 11, 1999: Ord. 127 (1989) § 13, 1989)

7.12.020 Failure to control an animal declared potentially dangerous – Declaration of animal as dangerous.

(a) Misdemeanor. When an animal has been declared potentially dangerous pursuant to Section 7.12.010, the owner of the potentially dangerous animal shall be guilty of a misdemeanor if such animal is thereafter found:

(1) At large;

(2) To have, when unprovoked, inflicted a bite(s) upon a human, pet, or livestock either on public or private property;

(3) To have chased or approached a person upon the streets, side-walks, or any other public grounds in such a manner as to significantly threaten the safety of humans, pets, or livestock; or

(4) To have caused injury to or otherwise threatened the safety of humans, pets, or livestock. This section shall not preclude immediate criminal prosecution under RCW 16.08.100 in a first bite situation causing severe injury or death of any human.

(b) Declaration of an Animal as Dangerous. If the owner of a potentially dangerous animal is found guilty of violating subsection (a) of this section, the district court shall make a further determination as to whether the animal should be declared dangerous.

(c) Impoundment of Dangerous and Potentially Dangerous Animals. In the event that a dangerous or potentially dangerous animal is impounded due to the owner’s failure to abide by the restraints imposed by the animal control authority, hearing examiner or district court, a hearing shall be held within seven calendar days by the hearing examiner to determine whether the animal should be returned to the owner, forfeited by the owner, or euthanized by the animal control authority. Notice of the hearing shall be as provided in Section 7.12.010(f). In the event that the hearing examiner determines that the animal should not be returned to the owner, the animal control authority may adopt or give the animal to an animal welfare organization or qualified individual, or euthanize the animal. An owner may prevent the animal’s destruction or adoption by taking the following steps within seven calendar days of the hearing examiner’s decision:

(1) Petitioning the district court for the animal’s immediate return subject to court-imposed conditions; and

(2) Posting a bond or security in an amount sufficient to provide for the animal’s care for a minimum of thirty calendar days from the seizure date.

If the animal control authority still has custody of the animal when the bond or security expires, the animal shall become the animal control authority’s property unless the court orders an alternative disposition. If a court order prevents the animal control authority from assuming ownership and it continues to care for the animal, the court shall order the owner to renew a bond or security for the continuing costs for the animal’s care.

(Ord. 266 (2002) § 12, 2002: Ord. 127-A (1999) § 12, 1999: Ord. 127 (1989) § 14, 1989)

7.12.030 Registration of dangerous animals.

(a) Registration Required. The owner of an animal declared to be dangerous by a court of law, the hearing examiner, or the animal control authority, shall register the dangerous animal with the animal control authority pursuant to RCW 16.08.080 within seven calendar days of the date the animal is declared dangerous. Thereafter, the dangerous animal shall be registered annually.

(b) Registration Expiration. Certificates of registration for dangerous animals shall expire on the anniversary date of the animal’s initial registration.

(c) Registration Fee. The annual registration fee for dangerous animals shall be $100.00. This registration fee is in addition to regular animal licensing fees.

(d) Certificate of Registration Application. An application to obtain a certificate of registration of a dangerous animal shall contain the following:

(1) Name, address, and telephone number of the applicant owner;

(2) Type, name, age, color, sex, and distinguishing characteristics of the animal;

(3) A diagram to approximate scale showing the proper enclosure to confine the animal;

(4) A surety bond issued by a surety insurer qualified under RCW Chapter 48.28 in a form acceptable to the animal control authority in a sum equal to at least the minimum required by RCW 16.08.080;

(5) A policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under Title 48 RCW, in an amount equal to at least the minimum required by RCW 16.08.080, insuring the applicant owner for personal injuries inflicted by the animal;

(6) A recent clear color photo of the animal;

(7) Proof of permanent identification upon the animal by the procedure known as microchipping, if applicable;

(8) Evidence of the posting of the premises with a clearly visible warning sign that there is a dangerous animal 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 animal.

(e) Pre-certificate On-site Inspection. An employee of the animal control authority shall make an on-site inspection of the applicant’s site for keeping the dangerous animal to ensure that the site is properly enclosed and posted, pursuant to RCW 16.08.080(2)(a). Such inspection shall occur within thirty calendar days of the animal being declared dangerous.

(f) Non-compliance. In the event the owner of a dangerous animal fails to comply with the requirements of this section and/or RCW 16.08.080, the animal control authority can take immediate action pursuant to RCW 16.08.100. Rules and regulations for notifying owners of the confiscation of registered dangerous animals shall be formulated by the animal control authority. Section 7.12.020(c) shall govern the procedures for impoundment.

(g) Certificate of Registration Issuance. On behalf of the county, the animal control authority shall issue the certificate of registration if the registration fee is paid and the application and site inspection show that the applicant meets the requirements of this section and applicable state law. The certificate of registration shall contain its date of expiration and also a statement of the applicable state criminal penalties for failing to comply. The certificate of registration shall be prominently displayed by the owner of the dangerous animal in a conspicuous location.

(h) Annual Inspections. Within thirty calendar days prior to the renewal of a certificate of registration, the animal control authority shall inspect the premises where the dangerous animal is kept at a time mutually convenient to both the animal control authority and the owner of the animal. The purpose of this annual inspection shall be to ascertain whether the site remains in compliance with this section. Such inspection shall occur on or before the expiration of the certificate of registration. Failure of the owner of the animal to cooperate in this inspection can result in further action pursuant to RCW 16.08.100 and subsection (f) of this section.

(i) Change of Ownership Prohibited. An owner of an animal declared dangerous shall not sell, barter, or otherwise transfer the ownership, custody, or residence of the animal without first obtaining written court approval. Any owner seeking such court approval shall notify the animal control authority of its intent.

(j) Prohibited Ownership. No person(s) under the age(s) of eighteen years old shall own a dangerous animal, as defined in Section 7.04.020(10).

(Ord. 266 (2002) § 13, 2002: Ord. 127-A (1999) § 13, 1999: Ord. 127 (1989) § 15, 1989)

7.12.040 Hybrids.

(a) No person shall possess, sell, offer for sale, trade, give away, acquire, import, export, breed, release, or cause to be released a hybrid, except as provided in subsection (b) of this section.

(b) No person shall possess a hybrid, except for:

(1) Those hybrids that are owned while residing in the county on or prior to March 1, 1999.

(2) Those hybrids born to a mother that was both pregnant with such hybrid and owned in the county on or prior to March 1, 1999. Such offspring may be sold, offered for sale, traded, or given away to anyone not living in the county.

(d) All hybrids must bear a permanent identification (e.g., microchip), and such permanent identification must be identified in the hybrid’s license application.

(e) Owners of hybrids not in compliance with this code shall be guilty of a misdemeanor and the animal(s) may be impounded by the animal control authority. In the event that a hybrid is impounded, the same procedures as provided in Section 7.12.020(c) shall apply.

(Ord. 266 (2002) § 14, 2002: Ord. 127-A (1999) § 14, 1999)