(Definitions. Ord. 26949 § 6, 2002-07-16; repealed by Ord. 27672 Ex. A, 2007-12-11)
(Registration of dangerous dogs – Adoption by reference. Ord. 26949 § 6, 2002-07-16; repealed by Ord. 27672 Ex. A, 2007-12-11)
A.
The City animal control supervisor shall classify potentially dangerous dogs and dangerous dogs. The City animal control supervisor may find and declare a dog dangerous if an animal control officer has probable cause to believe that the dog falls within the definitions set forth in Section 17.01.010 above. The City animal control supervisor may find and declare a dog potentially dangerous if an animal control officer has probable cause to believe that the dog falls within the definitions set forth in Section 17.01.010 above. The finding must be based upon:
C.
The declaration shall state at least:
1.
A description of the dog;
2.
The name and address of the owner of the dog, if known;
3.
The whereabouts of the dog, if it is not in the custody of the owner;
4.
A summary of the facts upon which the declaration of dangerous or potentially dangerous dog is based, including the definition of dangerous or potentially dangerous under which the declaration is being made;
5.
The availability of a hearing in case the person objects to the declaration, if a request is made within ten days of the date of personal service or mailing or first publication;
6.
A summary of the restrictions placed on the dog as a result of the declaration; and
7.
A summary of the potential penalties for violation of the restrictions, including the possibility of destruction of the animal and imprisonment or fining of the owner.
(Ord. 26949 § 6, 2002-07-16; Ord. 27447 § 12, 2005-12-13; Ord. 27672 Ex. A, 2007-12-11; Ord. 28271 Ex. A, 2014-12-16)
A.
If the owner of the dog wishes to object to the declaration, he or she may request a hearing before the Hearing Examiner of the City by filing a written request for hearing, along with proof of a current valid pet license for the dog, to the office of the Hearing Examiner within ten days of service of the declaration that the dog is dangerous. No person other than the dog’s owner may object to the declaration.
B.
Hearings shall be conducted in accordance with TMC Chapter 1.23 of the municipal code and the Hearing Examiner’s Rules of Procedure. The animal control authority shall bear the burden of proving that the dog is dangerous by a preponderance of the evidence.
C.
Any dog declared to be dangerous must, after the exhaustion of any appeal, be humanely euthanized. Upon application of the owner, however, a dangerous dog may be either (1) sent at the owner’s expense to a secure animal shelter and maintained at all times in compliance with RCW Chapter 16.08; or (2) removed from the City and maintained at all times in compliance with RCW Chapter 16.08 at the owner’s expense. The owner is responsible for paying all fees owed to the City for the care of the animal. The owner shall bear the burden to establish that an animal shelter is available that meets the criteria for a secure animal shelter, that the animal shelter will accept the animal, and that the owner is willing and able to pay all expenses for transporting the animal.
D.
If the Hearing Examiner finds a dog to be dangerous, the Hearing Examiner shall enter an order so stating and shall direct that the dog be humanely euthanized. The Hearing Examiner will consider directing that a dog be sent to a secure animal shelter or removed from the City and maintained at all times in compliance with Chapter 16.08 RCW only upon request of the owner.
1.
The owner shall bear the burden to establish (1) that an animal shelter is available that meets the criteria for a secure animal shelter, that the animal shelter will accept the dog, and that the owner is willing and able to pay all expenses for transporting the dog and maintaining the dog; or (2) that the dog can be maintained at all times in compliance with Chapter 16.08 RCW in a location outside the City and that the owner is willing and able to pay all expenses for transporting the dog and maintaining the dog.
2.
To meet his or her burden, the owner must provide the Hearing Examiner with (1) proof that all conditions required Chapter 16.08 RCW and all other conditions required by state or local law for maintaining a dangerous animal have been met; (2) written proof that the animal control authority in the jurisdiction to which the animal is being moved has been informed of the relocation; (3) written proof that the animal control authority in the jurisdiction to which the animal is being moved has consented to the relocation; (4) written agreement by the dog’s owner to indemnify and hold the City harmless from any and all future liability including any and all claims, demands, damages, liabilities, causes, suits or action of any kind or nature whatsoever relative to past or future care and custody of the animal and to the dog’s future behavior. If any of the above requirements are not met, the dog shall not be released and shall be humanely euthanized. The dog’s owner is responsible for all boarding fees between the issuance of the Hearing Examiner’s Order declaring the dog to be dangerous and the time it is determined that the dog will or will not be released to a secure animal shelter or location out of the City.
E.
A conviction for possessing a dangerous dog may not be appealed under this section.
(Ord. 27672 Ex. A, 2007-12-11; Ord. 28271 Ex. A, 2014-12-16)
A.
If the owner of the dog wishes to object to the declaration, he or she may request a hearing before the Hearing Examiner of the City by filing a written request for hearing, along with proof of a current valid pet license for the dog, to the office of the Hearing Examiner within ten days of service of the declaration that the dog is dangerous. No person other than the dog’s owner may object to the declaration.
B.
Hearings shall be conducted in accordance with TMC Chapter 1.23 and the Hearing Examiner’s Rules of Procedure. The animal control authority shall bear the burden of proving that the dog is potentially dangerous by a preponderance of the evidence.
C.
If the Hearing Examiner finds the dog is potentially dangerous, he or she may, in addition to the requirements of this chapter, impose any additional conditions of confinement set forth in RCW 16.08, as now exists or as may be amended hereafter, including, but not limited to, posting of warning signs and maintenance of liability insurance coverage. The Hearing Examiner shall order that a potentially dangerous dog be spayed or neutered.
(Ord. 27672 Ex. A, 2007-12-11; Ord. 27854 Ex. A, 2009-12-01; Ord. 28271 Ex. A, 2014-12-16)
In any case where the Hearing Examiner orders that a dangerous dog not be humanely euthanized, but be removed from the City, the order shall require that the removal be direct between the animal shelter and where the dog will be permanently housed. Any person that brings a dog into the City after a declaration of dangerousness, allows a dog to remain in the City after a declaration of dangerousness, or possesses a dog after a declaration of dangerousness, except pending appeal, shall be guilty of a gross misdemeanor.
(Ord. 27672 Ex. A, 2007-12-11)
A.
Within ten days following a declaration of potentially dangerous dog, and the exhaustion of any appeal therefrom, the owner of a potentially dangerous dog shall obtain a permit for such dog from the Finance Department of the City and shall be required to pay a fee for such permit in the amount of $300, have the dog implanted with a microchip, and provide the microchip number to the Finance Department of the City.
B.
Any potentially dangerous dog is also subject to any additional conditions of confinement set forth in RCW 16.08, as now exists or as may be amended hereafter, including, but not limited to, posting of warning signs and maintenance of liability insurance coverage.
C.
The owner of a potentially dangerous dog shall pay an annual renewal fee for such permit in the amount of $100 for two years. After two years, the permit requirement ends.
D.
The owner of a potentially dangerous dog shall allow an annual inspection of a proper enclosure that holds the dog. If the proper enclosure is a residence, the inspection shall be limited to the exterior of the residence. Refusal to allow an annual inspection is a violation. An owner who refuses to allow an annual inspection shall have his or her permit revoked and may be fined for each day the inspection is refused.
E.
Should the owner of a potentially dangerous dog fail to comply with Sections 17.04.040A through 17.04.040C herein, the owner may have his or her permit revoked and may be fined for each violation. The City is authorized to seize and impound the potentially dangerous dog of any such owner and euthanize said dog pursuant to the procedures set forth in Section 17.04.070. The owner is subject to boarding charges as set forth in Section 17.01.080, in addition to all penalties set forth in this chapter.
F.
This section also applies to any dog declared dangerous under any prior ordinance and prior to the effective date of this ordinance.
(Ord. 26949 § 6, 2002-07-16; Ord. 26996 § 1, 2002-10-15; Ord. 27447 § 13, 2005-12-13; Ord. 27672 Ex. A, 2007-12-11; Ord. 27854 Ex. A, 2009-12-01; Ord. 29040 Ex. A, 2025-06-10)
A.
When a dog is declared a dangerous dog, the dog shall be impounded. Such dog shall be held in the animal shelter or a secure veterinary hospital until a hearing is held to determine the dog’s status or the deadline for requesting such a hearing has passed. The owner of a dog that is declared dangerous shall immediately surrender the dog to an animal control officer or police officer. Refusal to surrender a dog that is declared dangerous to an animal control officer or police officer is a gross misdemeanor.
B.
1.
When a dog is declared a potentially dangerous dog, the dog may be impounded. The law enforcement or animal control officer may require that such dog be held in the animal shelter or a secure veterinary hospital until a hearing is held to determine the animal’s status or the deadline for requesting such a hearing has passed. If a dog declared potentially dangerous is not impounded, the owner shall comply with all requirements imposed by the animal control authority. The owner of a dog that is declared potentially dangerous shall immediately surrender the dog to an animal control officer or police officer upon the order of that officer. Refusal to surrender a dog that is declared potentially dangerous to an animal control officer or police officer is a misdemeanor.
2.
From the date of initial declaration of potentially dangerous dog by the City animal control supervisor, unless and until said declaration shall be rescinded, the owner must keep the dog confined in a proper enclosure that is securely enclosed and locked, unless the dog is securely leashed and humanely muzzled or otherwise securely restrained.
C.
From the date of initial declaration of potentially dangerous by the City animal control supervisor, unless and until said declaration shall be rescinded and the restrictions imposed thereby annulled, it shall be unlawful for any person to allow or permit such dog to:
D.
Any potentially dangerous dog shall be confiscated by the City if the dog is not confined as set forth herein. The owner is subject to boarding charges as set forth in Section 17.01.080, in addition to all penalties set forth in this chapter.
E.
These requirements take effect immediately upon notification that the dog is declared potentially dangerous and remain in force during any appeal of a declaration that a dog is potentially dangerous.
F.
This section also applies to any dog declared potentially dangerous under any prior ordinance and prior to the effective date of this ordinance. Any dog declared dangerous prior to the effective date of this ordinance must comply with all conditions imposed by the animal control authority.
(Ord. 26949 § 6, 2002-07-16; Ord. 27558 § 13, 2006-12-05; Ord. 27672 Ex. A, 2007-12-11; Ord. 27854 Ex. A, 2009-12-01; Ord. 28271 Ex. A, 2014-12-16)
The owner shall immediately notify the animal control authority of the City, followed by written notice to Animal Control, when a dog which has been classified as potentially dangerous:
A.
Is loose or unconfined; provided that, the owner shall first call 911;
B.
Has bitten a human being or attacked another animal; provided, the owner shall first call 911;
C.
Is sold or given away, or dies; or
D.
Is moved to another address.
E.
1.
If a potentially dangerous dog dies or is euthanized, the owner shall provide animal control with the location where the dog was disposed of and, if applicable, where the dog was euthanized.
2.
Prior to a potentially dangerous dog’s being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control authority and the Finance Department of the City. The new owner shall comply with all of the requirements of this chapter. Should the owner of a potentially dangerous dog fail to provide such notification, the City is authorized to seize and impound any such dog and euthanize said dog pursuant to the procedures set forth in Section 17.04.060. The owner is subject to boarding charges as set forth in Section 17.01.080, in addition to all penalties set forth in this chapter.
F.
This section also applies to any dog declared dangerous under any prior ordinance and prior to the effective date of this ordinance.
G.
1.
Any person desiring to bring a dog to live in the City which has been previously declared to be potentially dangerous, dangerous, vicious, or similar designation in another jurisdiction, must notify the animal control authority and the Finance Department of the City prior to moving the dog to the City. The person must provide all information requested by the animal control authority and Finance Department and must comply with all restrictions imposed by the animal control authority. There is no right to bring into the City a dog that has been the subject of a declaration or similar process in another jurisdiction and the animal control authority will determine whether such a dog will be licensed and permitted to reside in the City.
2.
If the animal control authority determines that the dog’s behavior that led to another jurisdiction’s determination that the dog is potentially dangerous, dangerous, vicious, or similar designation would lead to a declaration as a dangerous dog under the municipal code in effect at the time of the proposed move, it shall not permit the dog to be licensed or to remain in the City and shall notify the dog’s owner, either personally or via mail at the address provided by the owner.
3.
Any person knowingly bringing a dog into the City or failing to remove a dog from the City after the animal control authority has notified the person that the dog is not allowed in the City is guilty of a gross misdemeanor.
4.
Any person who fails to notify the animal control authority and the Finance Department that he or she has brought a dog covered by this section into the City is guilty of a misdemeanor.
5.
Any person visiting the City with a dog which has been previously declared to be potentially dangerous, dangerous, vicious, or similar designation in another jurisdiction, must notify the animal control authority and obtain permission to do so from the Animal Control Supervisor, prior to bringing the dog into the City and must comply with all the requirements of this code.
6.
Any dog brought into the City in violation of this section may be impounded.
(Ord. 26949 § 6, 2002-07-16; Ord. 27447 § 14, 2005-12-13; Ord. 27672 Ex. A, 2007-12-11; Ord. 27854 Ex. A, 2009-12-01)
Any dangerous dog or potentially dangerous dog shall be immediately confiscated by the City if:
B.
The owner does not maintain liability insurance coverage as required for dangerous dogs in RCW 16.08.080;
C.
The dog is unconfined;
D.
The dog is outside of the dwelling of the owner and not under adequate physical restraint of a responsible person; or
E.
The owner fails to comply with any of the provisions of this chapter.
Any potentially dangerous dog confiscated pursuant to this chapter shall be returned to the owner upon the owner’s compliance with this chapter. The owner is subject to boarding charges as set forth in Section 17.01.080, in addition to all penalties set forth in this chapter. If the owner does not comply or seek to regain the potentially dangerous dog from confiscation, the animal shelter is required to alert potential adopters to the dog’s status as potentially dangerous. |
This section also applies to any dog declared dangerous under any prior ordinance and prior to the effective date of this ordinance. |
(Ord. 26949 § 6, 2002-07-16; Ord. 27447 § 15, 2005-12-13; Ord. 27672 Ex. A, 2007-12-11; Ord. 29040 Ex. A, 2025-06-10)
Any violation of this chapter as to a potentially dangerous dog is a misdemeanor.
(Ord. 26949 § 6, 2002-07-16)
Any violation of this chapter as to a dangerous dog is a gross misdemeanor.
(Ord. 26949 § 6, 2002-07-16; Ord. 27672 Ex. A, 2007-12-11)