The purpose of this chapter is to work within the framework of Chapter 6.12 CCC and Chapter 16.08 RCW to protect the public health, safety, and welfare by regulating "potentially dangerous animals" and "dangerous animals" within Cowlitz County, thereby encouraging responsible animal ownership.
(Ord. 24-109 § 1, 12-10-2024)
The provisions of this chapter shall be effective in and throughout Cowlitz County, Washington.
(Ord. 24-109 § 1, 12-10-2024)
"Animal Control Authority"
means the Cowlitz County Sheriff or its designee acting to enforce the animal control laws of Cowlitz County and state of Washington.
"Animal Control Officer"
means any individual deputized or authorized by the Cowlitz County Sheriff or its designee for the limited purpose of enforcing any title pertaining to animals and the laws of the State of Washington as they pertain to animal control and welfare. This term as used throughout this chapter or Chapter 6.12 CCC shall not be construed to limit the authority of any fully commissioned law enforcement officer.
"Dangerous animal"
means any animal that, when unprovoked:
1. 
Inflicts severe injury on a human being without provocation on public or private property; or
2. 
Kills a domestic animal or livestock, except nondomestic poultry or rabbit, without provocation while off the owner's property; or
3. 
Has been previously found to be potentially dangerous because of injury inflicted on a human, and the owner having received notice of such and the animal again aggressively bites, attacks or endangers the safety of humans.
"Potentially dangerous animal"
means any animal that, when unprovoked:
1. 
Inflicts bite(s) on a human, domestic animal, or livestock 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 unprovoked, or to cause injury or otherwise to threaten the safety of humans or domestic animals.
"Proper enclosure of a dangerous animal"
means, while on the owner's property, a dangerous animal 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 also provide protection from the elements for the animal.
"Severe injury"
means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
(Ord. 24-109 § 1, 12-10-2024)
The Animal Control Authority may find and declare an animal potentially dangerous if it has probable cause to believe that the animal falls within the definition set forth in CCC § 6.13.030. "Probable cause" means a reasonable belief in the existence of facts to support the definition of "potentially dangerous animal." This may be based on, but is not limited to, the following:
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 in CCC § 6.13.030; or
B. 
Animal bite reports filed with the Animal Control Authority as required by the ordinance codified in this chapter or state law; or
C. 
Actions of the animal witnessed by any animal control officer or law enforcement officer; or
D. 
The designation by another Animal Control Authority pursuant to Chapter 16.08 RCW; or
E. 
Other substantial credible evidence.
The declaration shall be served upon the owner or keeper either personally or by certified mail to the last known address. The declaration shall state at least:
A.
A description of the animal;
B.
The name and address of the owner or keeper of the animal, if known;
C.
The whereabouts of the animal if it is not in the custody of the owner;
D.
The facts upon which the declaration is based;
E.
The availability of a hearing in case the owner objects to the declaration, if a request is made within 10 days;
F.
The restrictions placed on the animal as a result of the declaration;
G.
The penalties for violation of the restrictions, including the possibility of destruction of the animal, and imprisonment or fining of the owner.
If the owner of the animal wishes to object to the declaration of potentially dangerous animal the owner may, within five working days of receipt of the declaration, or within five working days of the publication of the declaration, request a hearing by submitting a written appeal to the Animal Control Authority.
(Ord. 24-109 § 1, 12-10-2024)
It is unlawful for any person to be an owner of an animal the Animal Control Authority has declared to be a potentially dangerous animal, unless the owner complies with the following requirements:
A. 
The animal shall be registered with the Animal Control Authority as a potentially dangerous animal. The necessary fees under CCC § 6.12.160 must be paid.
B. 
The animal shall be fitted with a microchip, encoding the county, state, and such other information as may be required by the Animal Control Authority to provide positive identification of the animal.
C. 
The animal shall at all times wear a distinctive collar that denotes the animal's classification and that is approved by the Animal Control Authority.
The owner of a potentially dangerous animal shall notify the Animal Control Authority before moving an animal from its registered address, except for temporary boarding at a registered kennel or animal shelter. If the animal dies, the owner shall notify the Animal Control Authority within four days of the animal's death.
(Ord. 24-109 § 1, 12-10-2024)
An animal may be declared dangerous if the Animal Control Authority proves at a hearing by preponderance of the evidence that the animal meets the definition of a "dangerous animal" under this chapter. "Preponderance of the evidence" means that after considering all the evidence, it is more probably true than not true that the "dangerous animal" definition has been met.
No animal shall be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the animal, or was tormenting, abusing, or assaulting the animal or has, in the past, been observed or reported to have tormented, abused, or assaulted the animal or was committing or attempting to commit a crime.
(Ord. 24-109 § 1, 12-10-2024; Ord. 25-056 § 1, 5-13-2025)
As directed by CCC § 2.05.010, the County Hearing Examiner shall preside over a hearing to determine whether an animal is dangerous as defined by CCC § 6.13.030. The Hearing Examiner may adopt rules to assist conducting any hearing fairly and efficiently.
The Animal Control Authority shall supply an employee to serve as Clerk to the Board. If no Hearing Examiner is available, and a hearing is required immediately, the Animal Control Authority or his designee shall hold and preside over a hearing to determine whether an animal is dangerous.
The hearing determining whether an animal is dangerous shall be open to the public and shall be held on the record, either by use of a court certified transcriptionist or by reliable means of electronic audio recording. Any recording of a proceeding shall be maintained by the Animal Control Authority for no less than six years and shall be a public record.
(Ord. 24-109 § 1, 12-10-2024; Ord. 25-056 § 2, 5-13-2025)
A. 
The County Hearing Examiner, through its Clerk, is authorized to issue subpoenas for witnesses related to dangerous animal hearings. Such subpoenas shall be valid for the named witness when the named witness is served within the unincorporated areas of Cowlitz County. Witness fees shall be paid by the party requesting the subpoena in an amount consistent with witness fees assessed in civil matters in the Cowlitz County District Court; provided, that no party to the action may collect a witness fee.
B. 
Every subpoena shall identify the party requesting issuance of the subpoena and shall state the title of the proceeding and shall command the person to whom it is directed to attend and give testimony or produce designated books, documents, or things under his or her control.
1. 
A subpoena to a person to provide testimony at a hearing shall specify the time and place set for the hearing.
2. 
A subpoena duces tecum requesting a person to produce designated books, documents, or things under his or her control shall specify a time and place for producing the books, documents, or things. That time and place may be the time and place set for hearing, or another reasonably convenient time and place in advance of the hearing.
C. 
A subpoena may be served by any suitable person over 18 years of age who is not a party to the action, by exhibiting and reading it to the witness, or by giving him or her a copy thereof, or by leaving such copy at the place of his or her abode. When service is made by any other person than an officer authorized to serve process, proof of service shall be made by affidavit or declaration under penalty of perjury.
D. 
Upon a motion made promptly before the time specified in the subpoena for compliance therewith, the County Hearing Examiner may (1) quash or modify the subpoena if it is unreasonable and oppressive or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things.
E. 
If a witness under subpoena fails or refuses to attend the hearing, provide testimony, or produce the items as commanded, the County Hearing Examiner may request that the witness be held in contempt for failure to obey the subpoena.
(Ord. 24-109 § 1, 12-10-2024; Ord. 25-056 § 3, 5-13-2025)
A. 
Initiation of Process. The Animal Control Authority may initiate the declaration of a dangerous animal process by giving the owner or person in control of such animal notice that probable cause exists to believe the animal is dangerous and that a hearing to determine whether the animal will be declared dangerous will be held.
B. 
Notice. Notice of the dangerous animal declaration hearing may be served by (1) personal service on the animal's owner or keeper or by (2) certified mail, which includes a copy of the notice to the owner's or keeper's last known address. Notice must be given at least 10 calendar days prior to the hearing, plus an additional three calendar days if notice is served by mail. The date of service or deposit in the mail and the date of the hearing shall not be calculated as one of the 10 calendar days nor as one of the additional days if service is by mail. The hearing must be scheduled no more than 90 calendar days from the date of service unless a continuance is warranted.
C. 
Contents of Notice. The notice must include the following:
1. 
The date, time, and location of the hearing;
2. 
Notice that the owner or keeper may be represented by a lawyer at the hearing;
3. 
Notice that the owner or keeper is entitled to any report generated by the Animal Control Authority related to the facts at issue;
4. 
Notice that the owner or keeper may call witnesses to testify, and that he or she may cross-examine any witnesses called by Animal Control Authority;
5. 
Notice that failure to appear for the hearing may result in a default judgment against the owner or keeper; and
6. 
Notice that an adverse finding may be appealed in accordance with this chapter.
D. 
The County Hearing Examiner shall hear any case presented.
E. 
The Animal Control Authority may be represented by an employee of the Animal Control Authority or by the Cowlitz County Prosecuting Attorney. The owner or keeper of the animal may represent himself or herself or may be represented by an attorney.
F. 
The Animal Control Authority and the animal's owner or keeper shall have an opportunity to call witnesses, present evidence, and make arguments. The Hearing Examiner shall have the power to subpoena witnesses for the hearing at the request of the parties. Anyone whose person or property was allegedly injured during the incident(s) giving rise to the allegations shall have a right to make a statement to the Board during the hearing.
G. 
Evidence. Any evidence, including hearsay evidence, is admissible so long that it is relevant, and the kind of evidence reasonably prudent persons are accustomed to rely on. Evidence that is irrelevant, repetitious, or a waste of time may be excluded. Any documentary evidence must be marked and identified on the record.
H. 
Failure of the owner or keeper to appear at the hearing shall result in a default judgment in favor of a final designation as dangerous.
I. 
At the conclusion of the hearing, the County Hearing Examiner's decision shall be announced on record, with reference to factual reasons supporting either a finding the Animal Control Authority met its burden or did not meet its burden. The decision shall then be memorialized in a written order confirming the decision and the basis for that decision.
J. 
The written order shall be served on both parties either personally or by certified mail to the party's last known address. The order shall be final 10 days following service, unless appealed or stayed. Once final, the order may not be collaterally attacked in any future proceeding within this or any other chapter.
K. 
Following service of an order that declares an animal dangerous, and pending an appeal under this section, the Animal Control Authority may, if circumstances require, impound the animal at the owner's expense, pursuant to the provisions of this title.
Any order entered under this section shall remain effective upon service notwithstanding appeal.
(Ord. 24-109 § 1, 12-10-2024; Ord. 25-056 § 4, 5-13-2025)
A. 
The owner or keeper of an animal which has been declared dangerous pursuant to this chapter or was declared dangerous in another jurisdiction with a substantially similar designation shall, within five business days of the designation in Cowlitz County or within five business days of moving into Cowlitz County from another jurisdiction, do one of the following:
1. 
Yearly obtain a certificate of compliance from the Animal Control Authority or its designee, certifying compliance with the dangerous animal designation requirements;
2. 
Provide proof to the Animal Control Authority or its designee that the owner or keeper has humanely destroyed the animal; or
3. 
Provide proof Animal Control Authority or its designee that the owner or keeper has permanently removed the animal from Cowlitz County and has identified the animal in compliance with this section.
B. 
Certificate of Compliance. The Animal Control Authority or its designee shall issue a certificate of compliance certifying compliance with the dangerous animal designation requirements under this chapter, upon proof that the owner or keeper of a dangerous animal has:
1. 
Paid the yearly registration fee in an amount as published in the fee schedule published pursuant to CCC § 6.12.160;
2. 
Arranged for a proper enclosure for the animal;
3. 
Provided the Animal Control Authority or designee an affidavit stating that the animal will be maintained in the proper enclosure;
4. 
Posted clearly visible warning signs at all points of ingress and egress to the property that there is a dangerous animal on the property, including imagery that informs all people of the presence of a dangerous animal;
5. 
Identified the animal in compliance with this section;
6. 
Provided the Animal Control Authority or its designee with veterinary records indicating that the animal is current on all vaccinations against diseases potentially harmful to humans or animals; and
7. 
Obtained a current bond or insurance which extends for a period of not less than the duration of the certificate of compliance, and which covers injury or damage caused by the dangerous animal, whether on or off the owner's or keeper's real property, in an amount not less than $500,000.
C. 
Identification. The owner or keeper of an animal which has been declared dangerous pursuant to this chapter or was declared dangerous in another jurisdiction with a substantially similar designation shall, within five business days of the designation in Cowlitz County or within five days of moving into Cowlitz County from another jurisdiction, have the dangerous animal permanently identified by microchip. The Animal Control Authority may, but is not required to, provide for alternative methods of identification if appropriate and upon request of the owner or keeper. Additionally, the designated animal shall be furnished at all times with a collar identifying it as a dangerous animal.
D. 
Penalty. Any owner or keeper who is found, by a preponderance of the evidence, to have violated any portion of this section shall be subject to a civil penalty as follows:
1. 
Violations of CCC § 6.13.050 or § 6.13.100:
a. 
First offense: $250.00.
b. 
Second offense in 12-month period: $500.00.
c. 
Third offense in a 12-month period: $750.00.
A collateral attack on the underlying dangerous animal provision shall not be permitted during an enforcement action under this subsection D. The issue shall be limited to whether this section was violated.
E. 
Impoundment. Upon probable cause that a violation of this section has occurred, the animal may be impounded under an administrative warrant issued pursuant to this chapter and held pending an impound hearing under CCC § 6.13.140, regardless of whether the violator is cited for any civil or criminal violation under this chapter or any other chapter.
(Ord. 24-109 § 1, 12-10-2024; Ord. 25-056 § 5, 5-13-2025)
A. 
Upon probable cause, any dangerous animal shall be immediately confiscated by an Animal Control Authority or any fully commissioned deputy if (1) the animal is not validly registered with the Animal Control Authority under CCC § 6.13.100; (2) the owner does not secure the liability insurance coverage required under CCC § 6.13.100; (3) the animal is not maintained in the proper enclosure; (4) the animal is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of the responsible person; or (5) the animal is outside of the dwelling or the proper enclosure with a responsible person and not fashioned with a properly fitted muzzle. The owner must pay the costs of confinement and control. The Animal Control Authority must serve notice upon the animal owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous animal, that the owner is responsible for payment of the costs of confinement and control, and that the animal will be destroyed in an expeditious and humane manner if the deficiencies for which the animal was confiscated are not corrected within 20 days. The Animal Control Authority shall destroy the confiscated dangerous animal in an expeditious and humane manner if any deficiencies required by this subsection are not corrected within 20 days of notification.
B. 
Additionally, any owner or keeper who is found, beyond a reasonable doubt, to have violated any portion of this section shall be guilty of a gross misdemeanor, punishable by imprisonment in the county jail for a maximum term fixed by the court of up to 364 days, or by a fine in an amount fixed by the court of not more than $5,000 plus statutory assessments, or by both such imprisonment and fine. A collateral attack on the underlying dangerous animal provision shall not be permitted during an enforcement action under this subsection; the issue shall be limited to whether this section was violated.
C. 
Impoundment. Notwithstanding any other effort of confiscation, upon probable cause that the crime in this section has occurred, the animal may be impounded under an administrative warrant issued pursuant to this chapter and held pending an impound hearing, regardless of whether the violator is cited for any civil or criminal violation under this chapter.
(Ord. 24-109 § 1, 12-10-2024; Ord. 25-056 § 6, 5-13-2025)
Upon conviction for any criminal law violation of this chapter, the defendant shall be liable to Cowlitz County for all costs actually incurred in the investigation and prosecution of the case, including, but not limited to, the costs of transporting and housing the animal, any veterinary costs, and other incidental costs.
(Ord. 24-109 § 1, 12-10-2024)
Following the determination that an animal is potentially dangerous or dangerous, the Animal Control Authority may seek a warrant to enter the premises of the animal's owner or keeper to ensure compliance with this code and Chapter 16.08 RCW.
A. 
A judge of a Cowlitz County Superior Court or a judge of the Cowlitz County District Court, upon proper oath or affirmation showing probable cause, may issue a warrant for the purpose of entering and inspecting real or personal property to effectuate the seizure and impoundment of an animal kept or acquired in violation of this chapter. For purposes of the issuance of any warrant, probable cause exists upon a showing under oath or affirmation that the owner or keeper of an animal is in civil or criminal violation of this chapter.
B. 
A warrant shall issue only upon application by sworn affidavit of (1) the prosecuting attorney or his or her deputy or (2) a fully commissioned law enforcement officer or (3) an animal control officer. The affiant must have knowledge of the facts alleged and establish the grounds for issuing the warrant. If the judge is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he or she shall issue a warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of the inspection, and a description of the animal to be seized and impounded. The warrant shall:
1. 
State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof;
2. 
Be directed to any peace officer in Cowlitz County, Washington, to execute it;
3. 
Command the person to whom it is directed to enter the area, premises, building, or conveyance identified for the purpose of seizing and impounding the animal;
4. 
Identify the animal to be seized and impounded; and
5. 
Direct that it be served and designate the judge to whom the warrant shall be returned.
C. 
A warrant issued pursuant to this section must be executed and returned within 10 calendar days of its issue date unless, upon a showing of a need for additional time, the court orders otherwise. If the animal is impounded pursuant to a warrant, a copy shall be given to the person from whom or from whose premises the animal is taken, together with a receipt for the animal taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any animal taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one credible person other than the person executing the warrant. A copy of the inventory shall be delivered to the person from whom or from whose premises the animal was taken and to the applicant for the warrant.
D. 
The judge who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the Clerk of the Court.
E. 
Notwithstanding any other provision in this chapter, the availability of an administrative warrant shall not be construed to limit the ability of a court of competent jurisdiction to issue a warrant or other order which would otherwise ordinarily be available.
F. 
If an animal is impounded pursuant to a warrant issued under this section for an alleged violation of the civil or criminal dangerous animal requirements in this chapter and Chapter 6.12 CCC, the animal shall be held pending the opportunity for an impound hearing under CCC § 6.13.140. If an animal is impounded pursuant to a warrant issued under this section for some other reason, the provisions of CCC § 6.12.220 instead apply.
G. 
The owner or keeper of any animal impounded under this section is responsible for all costs of confinement and control.
(Ord. 24-109 § 1, 12-10-2024)
A. 
Right to Impound Hearing. Whenever an animal is impounded pursuant to an administrative warrant issued pursuant to CCC § 6.13.130, the person from whom the animal was taken and/or the owner or keeper of the animal, if they are not the same individual, has a right to a hearing.
B. 
Notice of Hearing. Written notice shall be given to the appropriate party at the execution of the administrative warrant or within five business days, either by personal service or by certified mail to the party's last known address. Failure to provide timely notice shall not be grounds to invalidate the animal's impoundment but shall require the animal be kept at the Animal Control Authority's expense for any period of times prior to service of proper notice.
C. 
Request of Hearing. A party with a right to hearing may request one in writing from the Cowlitz County District Court which has jurisdiction pursuant to RCW 3.66.020(2) and (11) and this chapter, so long as that request is made within 10 days of service of notice. If the impounded animal's market value exceeds the district court jurisdiction, the district court shall transfer the case to Cowlitz County Superior Court. Failure to request a hearing within 10 days shall result in the animal being humanely destroyed and shall result in the owner or keeper being financially and civilly obligated for the period of shelter and quarantine, as well as the destruction of the animal.
D. 
Time for Hearing. The hearing shall occur within 10 calendar days following the receipt of the request and shall be continued only on good cause relating to proof on the merits, not merely for convenience. Failure to hold the hearing within the specified time is not grounds to invalidate the impoundment.
E. 
Hearing. The impound hearing shall be a commonsense hearing before a judicial officer, on the record and open to the public. It shall be conducted as directed in RCW 12.40.080. The court shall decide whether there was a violation under this chapter, either civil or criminal, and whether the administrative warrant was lawfully issued and served. The Animal Control Authority must prove both by a preponderance of the evidence. The court shall not decide any issue other than those listed in this section.
F. 
Effect of Decision. If the court finds the violation and upholds the lawful issuance and service of the warrant, the party requesting the hearing, and/or the animal's owner or keeper, shall be stripped of all ownership interest in the animal and the animal shall be humanely destroyed as provided in subsection G of this section. Further, the party requesting the hearing and/or the animal's owner or keeper shall be financially and civilly obligated for the period of shelter and quarantine, as well as the destruction of the animal. If the court does not find the violation or does not uphold the warrant's issuance or service, the animal shall be returned to the party requesting the hearing or the animal's owner or keeper, but the dangerous animal designation shall remain.
G. 
Humane Destruction of Animal. An animal subject to this section shall be humanely destroyed within 10 business days of the court's decision, except as follows:
1. 
Material Criminal Evidence. If the animal is material evidence in a criminal charge under CCC § 6.13.100, and documentation of the animal's physical characteristics or other features will not suffice to preserve the animal's evidentiary value, the court may at the impound hearing order that the animal be boarded by the Animal Control Authority pending the outcome of the criminal case. The boarding shall be at the expense of the party seeking to offer the animal as evidence. A bond for the continued minimal care and shelter during the duration of the criminal case may be required.
2. 
Commutation. Upon motion by any person or entity at the impound hearing, the court may hear evidence that the animal, notwithstanding its dangerousness, can be safely kept by that person or entity at private expense under conditions that will prevent any harm to the public. The parties shall have an opportunity to respond to and/or rebut such evidence. If, by clear and convincing evidence, the person or entity demonstrates such training and facilities as are necessary to eliminate the animal's risk to the public or other domestic animals, the court may award custody of the animal to the person or entity. The court shall require that the person or entity pay the Animal Control Authority's and animal shelter's expenses in impounding and boarding the animal before taking custody; if such payment is not made within 10 business days of when the amount is communicated to the party or entity seeking custody, the animal shall be humanely destroyed.
H. 
There is not a right of appeal from a court decision in this section.
(Ord. 24-109 § 1, 12-10-2024)
Any owner or keeper of an animal that was declared dangerous by the County Hearing Examiner may make a written request for reconsideration by the County Hearing Examiner within five working days of the written order.
Reconsideration is limited to those permissible areas of complaint delineated in CCC § 2.05.060. Reconsideration does not provide a collateral attack on the underlying decision. The County Hearing Examiner's decision on reconsideration shall be final and conclusive.
The motion for reconsideration will act as a motion to stay the order declaring an animal dangerous. The motion shall be heard as soon as reasonably practicable.
The final decision may be appealed to and reviewed by Cowlitz County Superior Court pursuant to RALJ 1.1(a) and 2.2.
If neither appealed nor stayed, the order issued under CCC § 6.13.090 declaring the animal dangerous shall be final 10 calendar days following service.
(Ord. 24-109 § 1, 12-10-2024; Ord. 25-056 § 7, 5-13-2025)
The owner or keeper of an animal that has been declared dangerous but, based on old age and condition, no longer poses any danger to persons or property may submit a written request to the Animal Control Authority asking that the dangerous animal designation be rescinded. The written request must include an opinion from a licensed veterinarian substantiating the animal's age and condition. Upon receipt of the request and a fee equivalent to that of an annual registration for a dangerous animal, the Animal Control Authority will refer the request to the County Hearing Examiner to determine whether it is appropriate or not. The Animal Control Authority may view the animal and provide a report to the County Hearing Examiner. The County Hearing Examiner may rescind the designation if it meets the standard set forth in this provision.
(Ord. 24-109 § 1, 12-10-2024; Ord. 25-056 § 8, 5-13-2025)