Police dogs handled by a registered/certified handler shall be exempt from provisions set forth in this chapter.
(Ord. 1750 § 4, 1999)
(1)
Declaration of an Animal as Potentially Dangerous. The animal control authority shall have the authority to declare an animal potentially dangerous if the animal control authority has probable cause to believe that the animal falls within the definition set forth in POMC § 7.01.010(23). The declaration must be based upon:
(a)
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 POMC § 7.01.010(23);
(b)
Animal bite reports filed with the animal control authority;
(c)
Actions of the animal witnessed by any employee of the animal control authority or law enforcement officer; or
(d)
Other substantial evidence.
(2)
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.
(3)
Restrictions. The animal control authority may impose any or all of the following restrictions on an animal declared potentially dangerous, to protect the public safety or other animals:
(a)
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.
(b)
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 city, or any combination of the foregoing.
(c)
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 or more, as set by the animal control authority. The insurer/bond issuer must be qualified under RCW Title 48, 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.
(d)
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.
(e)
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.
(4)
Prohibited Ownership. No person(s) under the age(s) of 18 years old shall own a potentially dangerous animal, as defined in POMC § 7.01.010(23).
(5)
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.
(6)
Service of Notice of Declaration. The animal control authority shall personally serve or send by regular and certified mail, return receipt requested, its declaration to the owner of the animal. If the owner cannot be served by one of these two methods after reasonable efforts, then the owner may be served by posting the notice in a conspicuous place at the owner's residence and mailing the notice by regular mail to the owner's last known address. If the owner is unknown, the animal control authority shall make reasonable efforts to notify the owner of its written declaration.
(7)
Appeal to Animal Control Appeal Board. The owner of an animal declared potentially dangerous shall have 14 calendar days from receipt of the written declaration to appeal the declaration to the city of Port Orchard animal control appeal board. Within seven calendar days of receiving the written notice of appeal, the animal control appeal board shall schedule an appeal hearing before the board and provide written notice of the hearing to the owner of the potentially dangerous animal, the animal control authority, and the appeal board.
(8)
Hearing Before Appeal Board. At the appeal hearing before the appeal board, 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 appeal board 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 appeal board, 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.
(9)
Appeal of Appeal Board'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 appeal board. A written appeal shall be filed with the clerk of the municipal court within 14 calendar days after the date of the appeal board's written decision.
(10)
Municipal 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 municipal 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 14 calendar days prior to the hearing.
(11)
Burden of Proof and Standard of Review. On appeal to the municipal court, it shall be the appellant's burden to prove that the decision by the appeal board that an animal is/is not potentially dangerous is arbitrary and capricious.
(12)
Court Decision.
(a)
If the municipal court finds that the appeal board'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 city, the animal control authority, or the appeal board in such an instance.
(b)
If the municipal court finds that the decision by the appeal board was not arbitrary and capricious, the court may impose court costs and attorney fees against the appellant, and may impose additional restrictions on the potentially dangerous animal.
(13)
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 14 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.
(14)
Violation. After an animal is declared potentially dangerous pursuant to this chapter, the owner of the potentially dangerous animal shall be guilty of a violation of this chapter if the animal runs at large, chases, or approaches a person upon the streets, sidewalks, or other public grounds in a menacing fashion or apparent attitude of attack, causes injury to or otherwise threatens the safety of a human or domestic animal, or bites a human or domestic animal. This section shall not preclude criminal prosecution under RCW 16.08.100 in a first-bite situation causing severe injury or death to a human. If the owner of a potentially dangerous animal is found guilty of violating this section, the court shall make a further determination as to whether the animal should be declared dangerous within the definition of POMC § 7.01.010(10).
(15)
Failure to Abide by Restrictions – Impoundment of Potentially Dangerous Animals. Failure on the part of the owner(s) of a potentially dangerous animal to abide by the restrictions placed upon the owner(s) or their animal by the animal control authority, appeal board, or municipal court is a violation of this chapter punishable under POMC § 7.06.070 and may result in impoundment of the potentially dangerous animal by the animal control authority pursuant to POMC § 7.06.060.
(Ord. 1750 § 4, 1999; Ord. 1944 § 2, 2004)
(1)
Declaration of an Animal as Dangerous. The animal control authority shall have the authority to declare an animal as dangerous, if the animal control authority has probable cause to believe that the animal falls within the definition set forth in POMC § 7.01.010(10). The declaration must be based upon:
(a)
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 POMC § 7.01.010(10);
(b)
Animal bite reports filed with the animal control authority;
(c)
Actions of the animal witnessed by any employee of the animal control authority or law enforcement officer; or
(d)
Other substantial evidence.
(2)
Exclusions. An animal shall not be declared 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.
(3)
Prohibited Ownership. No person(s) under the age(s) of 18 years old shall own a dangerous animal, as defined in POMC § 7.01.010(10).
(4)
Notice of Animal Control Authority Declaration. If the animal control authority receives a report of a 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 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.
(5)
Service of Notice of Declaration. The animal control authority shall personally serve or send by regular and certified mail, return receipt requested, its declaration to the owner of the animal. If the owner cannot be served by one of these two methods after reasonable efforts, then the owner may be served by posting the notice in a conspicuous place at the owner's residence and mailing the notice by regular mail to the owner's last known address. If the owner is unknown, the animal control authority shall make reasonable efforts to notify the owner of its written declaration.
(6)
Appeal to Animal Control Appeal Board. The owner of an animal declared dangerous shall have 14 calendar days from receipt of the written declaration to appeal the declaration to the city of Port Orchard animal control appeal board. Within seven calendar days of receiving the written notice of appeal, the appeal board shall schedule an appeal hearing before the appeal board and provide written notice of the hearing to the owner of the dangerous animal, the animal control authority, and the board.
(7)
Hearing Before Appeal Board. At the appeal hearing before the hearing examiner, the animal control authority shall have the burden of proving that the animal is dangerous by a preponderance of the evidence. The owner of the animal may present evidence in defense of the animal. The appeal board 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 board, 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.
(8)
Appeal of Appeal Board's Decision. Either the owner of an animal declared dangerous by the authority or the animal control authority itself may appeal the decision of the board. A written appeal shall be filed with the clerk of the municipal court within 14 calendar days after the date of the appeal board's written decision.
(9)
Municipal Court Hearing. Upon receiving a written appeal from an owner of an animal declared dangerous or from the animal control authority, the clerk of the municipal 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 14 calendar days prior to the hearing.
(10)
Burden of Proof and Standard of Review. On appeal to the municipal court, it shall be the appellant's burden to prove that the decision by the appeal board that an animal is/is not dangerous is arbitrary and capricious.
(11)
Court Decision.
(a)
If the municipal court finds that the appeal board'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 city, the animal control authority, or the appeal board in such an instance.
(b)
If the municipal court finds that the decision by the appeal board was not arbitrary and capricious, the court may impose court costs and attorney fees against the appellant, and may impose additional restrictions on the dangerous animal.
(12)
Requirements for Restraint. It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper 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 animal or interfere with its vision or respiration but shall prevent if from biting any person or animal.
(13)
Failure to Abide by Restrictions – Impoundment of Dangerous Animals. Failure on the part of the owner(s) of a dangerous animal to abide by the restrictions placed upon the owner(s) or their animal by the animal control authority, appeals board, or municipal court is a violation of this chapter punishable under POMC § 7.06.070 and may result in impoundment of the dangerous animal by the animal control authority pursuant to POMC § 7.06.060.
(Ord. 1750 § 4, 1999; Ord. 1944 § 3, 2004)
(1)
Registration Required. The owner of an animal declared to be dangerous by the animal control authority or by a court shall register the dangerous animal with the animal control authority pursuant to RCW 16.08.080 within 30 days of the date the animal is declared dangerous. Thereafter, the owner of the dangerous animal shall register the animal annually before or during the month of July.
(2)
Registration Expiration. Certificates of registration for dangerous animals shall expire on June 30th of each year.
(3)
Registration Fee. The annual registration fee for a dangerous animal is $100.00. This registration fee is in addition to regular licensing fees. The initial registration fee shall be prorated according to the number of months remaining in the registration year.
(4)
Certificate of Registration Application. An application to obtain a certificate of registration of a dangerous animal shall contain the following information:
(a)
Name, address and telephone number of the applicant owner; and
(b)
Type, name, age, color, sex, and distinguishing characteristics of the animal; and
(c)
A diagram to approximate scale, showing the secured enclosure proposed to confine the animal; and
(d)
Evidence of the posting of the owner's premises with a clearly visible warning sign that there is a dangerous dog on the property, and a conspicuously displayed sign with a warning symbol that informs children of the presence of a dangerous dog; and
(f)
Sufficient proof of a liability insurance policy in the amount of at least $500,000 insuring the applicant owner for personal injuries inflicted by the dangerous animal; and
(g)
A recent clear photo of the animal; and
(h)
Proof of permanent identification upon the animal by procedure known as microchipping, if applicable.
(5)
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. The inspection shall occur within 30 days of the animal being declared dangerous.
(6)
Noncompliance. In the event the owner and/or keeper of a dangerous animal fails to comply with the requirements of this section and/or RCW 16.08.080 for registering a dangerous animal, the animal control authority can take immediate action pursuant to RCW 16.08.100. Rules and regulations for notifying owners and/or keepers of the confiscation of registered dangerous animals shall be formulated by the animal control authority.
(7)
Issuance of Certificate of Registration. The city 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 be prominently displayed by the owner of the dangerous animal in an appropriate location visible to the general public.
(8)
Annual Inspections. 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 dangerous animal. The purpose of the annual inspection shall be to ascertain that the site remains in compliance with this section. The inspection shall occur during the month of June before the expiration of the dangerous animal registration. Failure to cooperate in the inspection may result in further action pursuant to RCW 16.08.100 and subsection (6) of this section.
(9)
Change of Ownership Prohibited. An owner of an animal declared dangerous shall not sell or otherwise transfer the ownership, custody or residence of the animal without first obtaining a written court order authorizing the transfer. An owner or keeper seeking court approval shall notify the animal control authority of their intent. In determining whether to grant or deny approval, the court shall consider the following criteria:
(Ord. 1750 § 4, 1999; Ord. 1944 § 4, 2004; Ord. 017-23 § 1 (Exh. A))
An animal involved in any violation of any portion of this section is declared to be a public nuisance, and may be impounded and held in accordance with the provisions of this section.
It is a violation of this section for any owner to fail to exercise proper care and control of their animal to prevent it from becoming a public nuisance.
(Ord. 1750 § 4, 1999)
(1)
Any officer of Port Orchard police department or of the animal control authority, upon personally witnessing any violation of the provisions of this chapter, may enter onto the premises of the owner or keeper of such dog, cat, or other animal and, without court order, may seize and impound such animal if the owner or keeper of the animal cannot be contacted at the residence, or if such owner or keeper refuses or fails to abate such nuisance immediately; provided, that nothing herein contained shall be construed to allow or permit such officer to enter the dwelling of the owner or keeper, without such owner's or keeper's permission, to seize and impound such animal.
(2)
Any officer of Port Orchard police department or of the animal control authority, upon personally witnessing any violation of the provisions of this chapter, may issue an arrest citation to the owner or keeper of the animal.
(3)
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 restrictions imposed by the animal control authority, appeals board or municipal court, a hearing shall be held within seven calendar days by the appeals board to determine whether it is in the best interests of the community that 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 POMC § 7.06.030(5). In the event that the appeals board 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 appeal board's decision:
(a)
Petitioning the municipal court for the animal's immediate return subject to court-imposed conditions; and
(b)
Posting a bond or security in an amount sufficient to provide for the animal's care for a minimum of 30 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. 1750 § 4, 1999; Ord. 1944 § 5, 2004)
Any person violating POMC § 7.06.020, § 7.06.030, and § 7.06.040 shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of $1,000 or be imprisoned in the county jail for a period not to exceed 90 days or by both such fine and imprisonment. For each violation of this chapter of a continuing nature, each day of violation may be considered a separate offense.
(Ord. 1750 § 4, 1999)
Any person violating any provisions of this chapter, excluding POMC § 7.06.020, § 7.06.030, and § 7.06.040, or who creates, keeps or maintains a nuisance as defined in this chapter is guilty of a civil infraction. The fine for any infraction shall be $40.00 for the first violation, $75.00 for the second infraction committed within one year and $100.00 for the third and subsequent infractions committed within one year. Each and every day or portion thereof in which an infraction is committed shall constitute a separate and distinct infraction.
(Ord. 1750 § 4, 1999)
(1)
In addition to fines, persons violating this chapter may be ordered by the court to abate or remove the animal. Furthermore, upon determining the animal is vicious or dangerous, the court may order the animal destroyed. If the violator does not carry out the court's order within 24 hours, a court authorized officer shall do the same. Any order to remove, abate, or destroy shall be entered into the record and made part of the judgment.
(2)
Violators shall be liable for all costs of carrying out the court's order when performed by an officer, such costs to be taxed as part of the prosecution costs. Officers who carry out the court order shall keep an accounting of the costs. In addition to the powers herein given to collect such costs, the city may bring suit for costs in a competent court against the violator.
(Ord. 1750 § 4, 1999)