For the purposes of this chapter:
A. 
"Animal control authority"
means an entity acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, and the shelter and welfare of animals.
B. 
"Animal control officer"
means an individual employed, contracted with, or appointed by the city animal control authority for purpose of aiding in the enforcement of this chapter.
C. 
"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.
D. 
"Owner"
means any person, firm, corporation, organization or department possessing, harboring, keeping, having an interest in or having control or custody of a dangerous dog or potentially dangerous dog.
E. 
"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 streets, 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 otherwise to threaten the safety of humans or domestic animals.
F. 
"Proper enclosure of a dangerous dog or potentially dangerous dog"
means, while upon the premises of the owner a dangerous dog or potentially 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 provide protection from the elements for the dog. If the pen or structure has no bottom secured to the sides, the sides shall be imbedded into the ground no less than one foot on all sides.
G. 
"Provocation"
means taunting, striking or screaming at a dog, or unauthorized entry onto the premises where a dog is kept.
H. 
"Severe injury"
means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
I. 
A dog in the possession of a law enforcement official for law enforcement purposes shall not be deemed a dangerous or potentially dangerous dog.
(Ord. 762 § 1, 1988)
A. 
It is unlawful for any owner to have a dangerous dog or potentially dangerous dog within the city limits without having a certificate of registration on said dog issued to its owner under subsection B of this section.
B. 
The animal control officer shall issue a certificate of registration on a dangerous dog or a potentially dangerous dog to its owner upon presentation to the animal control officer by the owner of sufficient evidence of:
1. 
A proper enclosure to confine the dangerous dog or a potentially dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog or a potentially dangerous dog on the premises, and the conspicuous displaying on the premises of a sign with a warning symbol that informs children of the presence of a dangerous dog or a potentially dangerous dog; and
2. 
A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the animal control officer in the sum as established by the taxes, rates and fees schedule adopted by ordinance payable to any person injured by a dangerous dog or potentially dangerous dog; or
3. 
A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under RCW Title 48, in the amount as established by the taxes, rates and fees schedule adopted by ordinance covering any damage or injury which may be caused by his dangerous dog or potentially dangerous dog, which policy shall contain a provision naming the city, its elected officials and staff as additional insureds.
(Ord. 762 § 2, 1988; Ord. 1237 § 4 (part), 2005)
It is unlawful for an owner of a dangerous dog or potentially dangerous dog to permit the dog to be outside its 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 dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.
(Ord. 762 § 3, 1988)
The city animal control officer is authorized to immediately confiscate a dangerous dog or potentially dangerous dog:
A. 
Which is not validly registered under NBMC § 6.06.020;
B. 
Whose owner does not secure the liability insurance or surety bond required under NBMC § 6.06.020;
C. 
Which is not maintained in a proper enclosure for a dangerous dog or potentially dangerous dog; or
D. 
Which is outside of the owner's dwelling or the proper enclosure of a dangerous dog or potentially dangerous dog and not under the proper restraints set forth in NBMC § 6.06.030.
(Ord. 762 § 4, 1988)
Dogs shall not be declared dangerous or potentially dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a wilful 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.
(Ord. 762 § 5, 1988)
A. 
If a dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person or other domestic animal, the dog's owner is guilty of a Class C felony, punishable in accordance with RCW 9A.20.021, and the animal control authority shall notify the proper authorities. In addition, the dangerous dog 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.
B. 
The owner of 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 guilty of a Class C felony punishable in accordance with RCW 9A.20.021, and the animal control authority shall notify the proper authorities. In addition, the dog 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.
(Ord. 762 § 6, 1988)