[1]
Editor's note — Prior history: AO No. 96-134(S-2), 7-1-1997.
The purpose of this chapter is to provide for the public's health and safety, and the safety of animals by identifying and establishing procedures for dealing with animals in the municipality which have demonstrated, by specific behavior, the potential threat of causing physical injury to humans or other animals.
(AO No. 2001-158(S-4), § 1, 1-1-2003)
A. 
Classifications. Subject to the authority of the chief animal control officer under subsection B below, an animal may be classified based on one of the following levels:
1. 
Level one behavior is established if an unrestrained animal is found to menace or chase, and display threatening or aggressive behavior, or otherwise threaten or endanger the safety of any person or domestic animal.
2. 
Level two behavior is established if an animal bites or causes physical injury to any domestic animal, or if an unrestrained animal kills any unrestrained domestic animal.
3. 
Level three behavior is established if an animal, while under restraint, inflicts an aggressive bite or causes any physical injury to any human.
4. 
Level four behavior is established if any of the following occur:
a. 
An unrestrained animal inflicts an aggressive bite or causes physical injury to any human; or
b. 
An unrestrained animal kills a domestic animal that is restrained; or
c. 
An animal, regardless of whether it is restrained, for the second time injures or kills a domestic animal.
5. 
Level five behavior is established if any of the following occur:
a. 
An animal, regardless of whether it is restrained, causes serious physical injury or the death of any human; or
b. 
An animal is used as a weapon in the commission of a crime; or
c. 
An animal regardless of whether it is restrained, for a third time injures or kills a domestic animal; or
d. 
An animal previously classified as a level three or four, or as a potentially dangerous animal under a prior enactment of this Code, commits a level three or four behavior described in subsection A.3 or A.4 above after the owner receives notice of the prior level three or four classification.
B. 
Exceptions to classifications. Notwithstanding subsection A above, the chief animal control officer shall have discretionary authority to refrain from classifying an animal even if the animal has engaged in the behaviors specified in subsection A, if the chief animal control officer determines that one of the following is true:
1. 
At the time of injury or damage, the victim was committing trespass or other tort on premises occupied by the owner or custodian of the animal, the victim was teasing, tormenting, abusing, or assaulting the animal, its offspring, or the owner or custodian, or the victim was committing or attempting to commit a crime;
2. 
The animal was protecting or defending itself, its offspring, or a human within the immediate vicinity of the animal from an attack or assault while under control or confined;
3. 
The injury or damage to a domestic animal occurred while the animal was working or in training as a hunting animal, herding animal, or predator abatement animal on the property of or under the control of its owner, and the damage or injury was to a species or type of domestic animal appropriate to the work of the animal;
4. 
The animal is trained to attack persons independently or upon oral command while under the restraint and supervision of an authorized government or law enforcement unit and the act is directly associated with the proper execution of the animal's duties;
5. 
The animal was responding to pain or injury;
6. 
The animal was protecting its offspring from attack by another animal;
7. 
The animal is trained or is being trained for the sport of Schutzhund competition or personal protection and the victim was a willing participant and did not file a complaint;
8. 
The animal, with a current rabies vaccination, causes injury to the owner, owner's family, trainer or person caring for the animal, unless:
a. 
A complaint is received from the injured party;
b. 
The victim is a minor who is not involved in training or competing with the animal;
c. 
The animal is unredeemable; or
9. 
The decision not to classify reasonably serves and promotes justice, fairness, and the purposes and intent of this title, the protection of public health, safety and welfare, and the humane care and treatment of animals.
(AO No. 2001-158(S-4), § 1, 1-1-2003; AO No. 2009-88, § 5, 9-10-2009; AO No. 2019-91(S-1), § 17, 12-3-2019)
A. 
Authority to classify. The chief animal control officer has the authority to determine whether any animal has engaged in the behaviors specified by section 17.40.020.
B. 
Notice and appeal of classification. The chief animal control officer shall serve the animal's owner with written notice of the animal's specified behavior, the animal's classification and the level of the fine imposed, and the classification requirements applicable to the animal. Notice of classification and classification requirements shall be provided in accordance with section 17.05.070C.
1. 
The owner may appeal the chief animal control officer's decision to a hearing officer under section 17.05.100.
2. 
The owner shall comply with the classification requirements as specified in the notice unless modified or reversed on appeal. Failure to comply with the specified requirements shall be a violation of this chapter for which a fine may be imposed.
3. 
The chief animal control officer shall have authority to impound the animal pending completion of all appeals.
4. 
If the chief animal control officer's decision or the hearing officer's decision finds that an animal has engaged in level five behavior, the animal shall be impounded pending the completion of any appeals.
(AO No. 2001-158(S-4), § 1, 1-1-2003; AO No. 2009-88, § 6, 9-10-2009)
A. 
The chief animal control officer shall have the discretion to increase or decrease a classified animal's restrictions based upon relevant circumstances.
B. 
In addition to other requirements of this chapter, the owner of a classified animal shall comply with the following classification requirements:
1. 
Level one. Animals classified as level one shall be restrained so the animal cannot reach any public sidewalk or adjoining property and located so as not to interfere with the public's access to the owner's property whenever that animal is outside the owner's home, provided, however, such animal shall not be under control by command.
2. 
Level two. Animals classified as level two shall be confined in a location which may include a secure enclosure or under control by leash only.
3. 
Levels three and four. Animals classified as level three or four shall at all times be confined in a locked secure enclosure or under control by a substantial leash or chain not to exceed six feet in length, and under the control of a competent adult who is familiar with and in control of the animal. The requirement of control is not satisfied by an electronic collar or electronic fence. Animals classified as level three or four shall also be muzzled when not on the owner's property. It is a violation of this subsection to breed, sell, exchange or abandon an animal classified as level three or four, except as specifically provided in this chapter.
4. 
Level five. Animals classified as level five shall be euthanized. In addition, the chief animal control officer may suspend for a period the animal owner's right to be the owner of any animal in the municipality, including animals currently owned by that person.
a. 
All animals classified as level five shall be euthanized at any time with the owner's consent or on a date not sooner than 30 days after a final decision by the hearing officer or final judgment by the court. Notification to the municipality of an appeal of a final decision of the hearing officer to a court shall delay euthanization of the animal as set forth in section 17.25.070B.
b. 
During any appeal process, it is a violation of this section to breed, sell, exchange or abandon an animal classified as level five or allow it to reside in any household containing animals.
C. 
Microchip. To insure correct identification, all classified animals shall be implanted with a permanent microchip to identify the animal and its owner.
D. 
Insurance. The chief animal control officer may require that the owner of an animal classified as level three or four furnish proof of liability insurance in the amount of at least $100,000.00 for bodily injury to or the death of any person or domestic animal. If required, the policy shall be on file in the animal control office and shall be required to be kept current throughout the ownership of the animal. Failure to maintain the insurance is just cause for the animal to be immediately impounded by the chief animal control officer and, if the insurance is not reinstated and proof filed with the animal care and control center within seven days, the animal shall be forfeited to the municipality.
E. 
Warning sign. The owner or custodian of a level three or four classified animal shall display a sign at all fence entrances and secure enclosures on the property where the animal is kept, containing a visual and written warning that there is a potentially dangerous animal on the property. The owner or custodian shall not permit the warning sign to be removed from the secure enclosure.
F. 
Written verification of spay or neuter. The chief animal control officer may require the animal owner to provide written verification that the classified animal has been spayed or neutered.
G. 
Control by leash. A classified animal shall only be off the property of the owner or custodian when leashed with a substantial leash or chain not to exceed six feet in length and under the control of a competent adult who is familiar with and in control of the animal.
H. 
Notice of disposal or escape. The owner or custodian of an animal classified as level 3, 4, or 5 pursuant to this chapter shall:
1. 
Notify the animal care and control center immediately if the animal escapes, is unconfined without control of a competent person, attacks another human being or animal, or dies.
2. 
Obtain written consent from the chief animal control officer or designee at least 48 hours in advance of the intention to sell, transfer or permanently remove the animal from the residence or place where the animal is kept. The new location of the animal shall be given to the animal care and control center, along with the name, address and telephone number of the new owner. The owner must inform the new owner of the classification requirements and the new owner must consent to and comply with said requirements.
I. 
All classified animals shall be licensed in accordance with section 17.15.010.
J. 
All classified animals shall have a current rabies vaccination in accordance with section 17.30.020.
(AO No. 2001-158(S-4), § 1, 1-1-2003; AO No. 2009-88, § 7, 9-10-2009; AO No. 2015-55, § 4, 5-26-2015; AO No. 2019-91(S-1), § 18, 12-3-2019)
The owner or custodian of any animal classified as level two, three, or four shall consent to inspection of the property where the animal is kept with 24 hours written notice by the animal care and control center. The inspection shall be set at a reasonable time and in a reasonable manner to verify compliance with the requirements of this chapter.
(AO No. 2001-158(S-4), § 1, 1-1-2003)
A. 
An owner of a classified animal may apply to the chief animal control officer, in writing, to have the classification reduced, modified or removed in accordance with this section upon payment of outstanding fees, including review fee, a showing that the owner has attended and presents evidence of the owner's and animal's satisfactory completion of an obedience training course or other appropriate program approved by the chief animal control officer, and:
1. 
A level one or level two animal has been classified for one year without any further incident, including any violation of this title; or
2. 
If a level three or four animal, the animal has been classified for two years without any further incident, including any violation of this title.
B. 
Restrictions for level three and level four animals may be reduced, modified or removed, except the requirement for the use of a secure enclosure.
C. 
Requests for termination, modification or reduction of a classification may be submitted to the chief animal control officer, upon proof of compliance with requirements in section 17.40.085A., but not more often than once each year. All requests for reclassification shall be accompanied by a review fee established by regulation.
(AO No. 2001-158(S-4), § 1, 1-1-2003; AO No. 2009-88, § 8, 9-10-2009; AO No. 2019-91(S-1), § 19, 12-3-2019)
In addition to the normal licensing fees established, there shall be an annual fee, set by regulation, for animals classified as level two, three or four. This additional fee shall be imposed at the time of classification and shall be payable within 30 days of notification by the chief animal control officer. Annual payment of this additional fee shall be payable within 30 days of notification by the chief animal control officer.
(AO No. 2001-158(S-4), § 1, 1-1-2003; AO No. 2009-88, § 9, 9-10-2009)
No animals found to have exhibited behavior equal to level 4 classification as defined in this Code in another jurisdiction shall be kept, owned or harbored in the municipality without prior written approval by the chief animal control officer.
(AO No. 2001-158(S-4), § 1, 1-1-2003)