A problem owner is one who:
1. 
Has committed three or more violations of this title in one 24 month period; or
2. 
Has committed two or more violations of this title after having a dog owned by him or her declared to be dangerous or potentially dangerous.
3. 
For the purposes of this chapter, “violation” means:
a. 
A finding of committed on a civil infraction under this title;
b. 
A conviction of a crime under this title or chapter 16.52 RCW, chapter 9.08 RCW, RCW 9.91.170, or RCW 9.91.175;
c. 
Any violation of this title that is proven by a preponderance of the evidence regardless of whether the same act was charged as a civil infraction or crime. A civil infraction or criminal charge which is deferred or subject to pretrial diversion may be counted as a violation if the violation is proven by a preponderance of the evidence. Provided, however, that a finding of not committed on a civil infraction or a verdict of not guilty on a criminal charge precludes use of that act as a basis for a violation under this chapter.
4. 
For the purposes of this chapter, multiple civil infractions committed on the same day will count as one violation. Each crime will count as one violation regardless of whether it was committed on the same day as another crime or civil infraction.
5. 
For the purposes of this chapter, the violations need not involve the same pet.
(Ord. 27672 Ex. A, 2007-12-11)
A. 
The City Animal Control Supervisor may find and declare a person a problem pet owner if an animal control officer has probable cause to believe that the person falls within the definition set forth in this chapter. The City Animal Control Supervisor shall notify the Finance Department, which shall revoke all pet licenses issued to the problem owner. Proceedings shall be instituted by service of a Notice of Problem Pet Owner.
B. 
The Notice of Problem Pet Owner shall be in writing and shall be served on the owner in one of the following methods:
1. 
Certified and regular mail to the owner's last known address; or
2. 
Personally.
C. 
The Notice of Problem Pet Owner shall contain:
1. 
Name and address of owner who is subject to the revocation;
2. 
Names, descriptions, and license numbers of any pets licensed to the owner;
3. 
Brief descriptions of the violations which form the basis of the revocation, including case numbers, if any;
4. 
Notification of 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;
5. 
A summary of the effects of the revocation of all pet licenses, requirements for confinement or impound or pets, and the potential penalties for violation of the restrictions.
D. 
A person who is a problem owner as defined in this chapter, is prohibited from licensing or owning any animal in the City for a period of 24 months unless an appeal of the Notice of Problem Pet Owner is filed with the Hearing Examiner in accordance with this chapter. The problem owner shall surrender all animals to an animal control officer or police officer upon demand of the officer.
(Ord. 27672 Ex. A, 2007-12-11)
A. 
Upon service of a Notice of Problem Pet Owner, the pets and animals owned by a person declared to be a problem pet owner may be impounded if the Animal Control Supervisor determines that impoundment is in the interests of public safety or the health and welfare of the animals. Upon such a determination by the Animal Control Supervisor, an animal control officer or police officer may require that such animals 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 a hearing regarding the declaration of problem pet owner has passed. The owner shall immediately surrender the animals to an animal control officer or police officer upon the order of that officer. Refusal by any person to surrender an animal owned by a person declared to be a problem pet owner to an animal control officer or police officer is a misdemeanor.
B. 
If animals owned by a person declared to be a problem pet owner are not impounded, the owner shall comply with all requirements imposed by the animal control authority. Failure to comply with all requirements is a violation. It is a separate violation for each animal and each day of non-compliance.
C. 
In addition to the above requirements, upon the determination by the Hearing Examiner that a person is a problem owner, the problem owner will immediately surrender all animals in his or her possession to an animal control officer or police officer. Refusal by any person to surrender an animal owned by a person declared to be a problem pet owner to an animal control officer or police officer is a misdemeanor.
(Ord. 27672 Ex. A, 2007-12-11; Ord. 28271 Ex. A, 2014-12-16)
A. 
If the owner wishes to object to the revocation of a pet license, he or she may request a hearing before the Hearing Examiner of the City by filing a request for hearing with the office of the Hearing Examiner within ten days of service of the notice of revocation.
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 by a preponderance of the evidence that the owner is a problem pet owner as defined in this chapter.
C. 
A finding of committed on a civil infraction or a judgment of guilty in a criminal case is dispositive that a violation occurred and no additional evidence is necessary to prove that violation. A violation also may be proved through the testimony of witnesses, photographs, or other evidence admitted by the Hearing Examiner.
D. 
If the Hearing Examiner finds that the owner is a problem owner as defined in this chapter, he or she shall revoke the licenses of all pets licensed to the owner and order that all pets licensed to the owner be impounded by the animal control authority. Upon such a finding, the Hearing Examiner shall order that the owner is prohibited from licensing any pet in the City for a period of 24 months. Any pets impounded under these circumstances may not be returned to any person residing at the same address as the problem owner.
(Ord. 27672 Ex. A, 2007-12-11; Ord. 28271 Ex. A, 2014-12-16)
It is a misdemeanor for any person who is a problem owner as defined in this chapter to possess, harbor, or own an animal in the City of Tacoma while a Notice of Problem Pet Owner is in effect, except during the period an appeal of a Notice of Problem Pet Owner is pending. For the purposes of this section, the term “animal” includes all animals, including, but not limited to, dogs, cats, exotic animals, livestock, and poultry, regardless of whether the TMC requires a license for the type of animal possessed.
(Ord. 27672 Ex. A, 2007-12-11)