(1) 
The animal control authority or animal control officer may issue a notice of intent to declare a dog potentially dangerous or dangerous if there is probable cause to believe that the dog falls within the definitions. The notice of intent must be based on:
(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 certain definition;
(b) 
Dog bite reports filed with the animal control authority as required by local or state laws;
(c) 
Actions of the dog witnessed by any animal control officer or law enforcement officer; or
(d) 
Other substantial evidence, including hearsay if it is of a nature that a reasonable and prudent person would rely upon.
(2) 
Service.
(a) 
Notices and orders issued pursuant to this section must be in writing and served on the owner in one of the following methods:
(i) 
Certified mail, with return receipt requested, and ordinary first class mail to the owner's or keeper's last known address; or
(ii) 
Personally by an authorized town representative to owner's physical property address; or
(iii) 
If the owner cannot be located by one of the first two methods, by publication in a newspaper of general circulation.
(b) 
Service is effective on the date the notice is received; or, in the case of certified mail, three days after the notice is mailed; or, in the case of service by publication, 15 days after publication.
(c) 
The owner of any dog found to be a potentially dangerous or dangerous dog under this chapter shall be assessed all service costs expended under this subsection.
(3) 
The notice of intent to declare a dog potentially dangerous or dangerous must include:
(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 restriction placed on the animal as a result of the declaration;
(f) 
A reference to the penalties for violation of the restriction, including the possibility of destruction of the animal, and imprisonment or fining of the owner; and
(g) 
A statement that the owner is entitled to an opportunity to meet with the sheriff or animal control authority for the town to give any reasons or information as to why the dog should not be declared potentially dangerous or dangerous and the date, time, and place of the meeting, and that the owner may propose an alternative meeting date and time, but that such meeting must occur within 15 days of the date the notice was served.
(4) 
Meeting with Sheriff or Animal Control Authority.
(a) 
If the owner does not attend the scheduled meeting with the sheriff or animal control authority, the sheriff or animal control authority may issue an order finding that the dog is potentially dangerous or dangerous and such meeting shall be audio recorded.
(b) 
If the owner attends the scheduled meeting with the sheriff or animal control authority, the owner may offer, orally or in writing, any reason or information as to why the dog should not be found potentially dangerous or dangerous.
(c) 
After review of the record and the owner's reasons and information, the sheriff or animal control authority must determine whether a preponderance of the evidence weighs in favor of finding the dog potentially dangerous or dangerous.
(d) 
If the sheriff or animal control authority determines the dog is potentially dangerous or dangerous, the sheriff or animal control authority must issue a declaration that includes:
(i) 
A recital of the authority for the declaration;
(ii) 
A concise statement of the facts that support the determination; and
(iii) 
The signature of the person who made the determination.
(e) 
The sheriff or the animal control authority determination is final and may only be appealed to the Skagit County district court, which will review the record made at the meeting to determine whether the declaration is supported by a preponderance of the evidence. Any such appeal must be filed within 20 days of service of the order. Upon notice that an appeal has been filed, the sheriff or animal control authority must file a certified copy of the record from any such meeting with the district court. A recording of the meeting will be made available to the person appealing the ruling, who will have the responsibility of transcribing the meeting for the appeal.
(5) 
The sheriff or animal control authority may impound the dog found to be potentially dangerous or dangerous if circumstances require. If the final determination is upheld, the owner must pay impound costs consistent with CMC §§ 6.04.170 and 6.04.180.
(Ord. 728, 2015; Ord. 741, 2015)
(1) 
It is unlawful for an owner of a potentially dangerous or dangerous dog to:
(a) 
Keep, own, or maintain such a dog in the town of Concrete without a current certificate of registration issued by the sheriff, animal control authority or the office of the town clerk;
(b) 
Move such a dog within or from the town of Concrete without a certificate of registration and the consent of the sheriff or animal control authority. The sheriff or the animal control authority must be informed as to the residence of any such dog at all times.
(2) 
The town clerk shall not issue a certificate of registration to the owner of a dangerous dog unless the owner presents to the office of the town clerk sufficient evidence of:
(a) 
A warning sign as required by CMC § 6.04.470(2)(a); and
(b) 
A secure enclosure consistent with that required by CMC § 6.04.470(2)(b), or a declaration that, while on the owner's property, the owner will keep the dangerous dog securely confined indoors; and
(c) 
Microchipping as required by CMC § 6.04.470(2)(e); and
(d) 
Compliance with the insurance requirement of CMC § 6.04.470(2)(f)(i) or (ii).
(3) 
The registration fees are set as follows:
(a) 
For each potentially dangerous dog, the initial registration fee is $100.00, and the annual renewal fee is $50.00.
(b) 
For each dangerous dog, the initial registration fee is $200.00, and the annual renewal fee is $100.00.
(4) 
If a potentially dangerous or dangerous dog is destroyed or dies other than pursuant to CMC § 6.04.180, the owner must present sufficient evidence of that fact to the animal control authority. If a potentially dangerous or dangerous dog is sold, given away, or otherwise disposed of, the owner must present verification of the dog's new location to the animal control authority.
(Ord. 728, 2015)
(1) 
An owner of a potentially dangerous dog must:
(a) 
Conspicuously display a sign with a warning symbol on any premises where the dog is kept that informs children or other persons of the presence of a potentially dangerous dog;
(b) 
While on the owner's property, ensure the dog is restrained by chain, leash, or other suitable confinement to prevent the animal from leaving the owner's property;
(c) 
While off the owner's property, ensure the dog is under physical restraint by the owner or other responsible person;
(d) 
Ensure the dog wears a bright orange collar bearing the warning “potentially dangerous dog”; and
(e) 
Ensure the dog has a microchip implant for permanent identification.
(2) 
An owner of a dangerous dog must:
(a) 
Conspicuously display a sign with a warning symbol on any premises where the dog is kept that informs children and other persons of the presence of a dangerous dog.
(b) 
Ensure the dog is securely confined indoors, or inside a locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping, with secure sides and a secure top, that also provides protection from the elements for the dog;
(c) 
Whenever not confined, ensure the dog is securely muzzled, on a leash that is not longer than six feet in length, and under the control of a person 15 years of age or older who is physically able to control the dog;
(d) 
Ensure the dog wears a bright orange collar bearing the warning “dangerous dog”;
(e) 
Ensure the dog has a microchip implant for permanent identification; and
(f) 
Maintain either:
(i) 
A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the sheriff or the animal control authority in the sum of at least $250,000, payable to any person injured by the dangerous dog; or
(ii) 
A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000, insuring the owner for any personal injuries inflicted by the dangerous dog.
(Ord. 728, 2015)
(1) 
A violation of CMC § 6.04.470 is a civil infraction; provided, however, that no such civil infraction may be assessed until five days have elapsed from the date such owner is notified by the sheriff or animal control authority that such a registration or renewal is required.
(a) 
For a potentially dangerous dog, the civil infraction carries a penalty of $125.00.
(b) 
For a dangerous dog, the civil infraction carries a penalty of $250.00.
(2) 
Failure to comply with the requirements of CMC § 6.04.470 is a misdemeanor for a potentially dangerous dog and a gross misdemeanor for a dangerous dog.
(Ord. 728, 2015)
It is unlawful for the owner of any animal, when notified that such animal has bitten any person or has so injured any person as to cause an abrasion or puncture of the skin, to kill, sell, or give away such an animal or to permit or allow such animal to be taken beyond the town limits except to a veterinarian hospital. It shall be the duty of the owner of the animal to immediately notify in person or by phone the sheriff, animal control authority or the county health department of the bite. Upon receipt of official notice, the owner of the animal shall place and keep the animal in confinement for a period of observation of at least 10 days or at the owner's expense deliver the animal to a licensed veterinary hospital for an observation period. Provided, when the owner of the animal assumes the responsibility of the animal for the 10-day observation period, he shall keep the animal securely chained and confined to the premises of the owner and segregated from any other animals. The owner shall also take reasonable precautions to ensure the safety of persons from the animal during the observation period.
Should the animal during the observation period manifest any unusual behavior or develop symptoms or illness or die, the owner or veterinarian shall immediately notify law enforcement, the designated town official or the county health department of that condition.
Provided further, that any sheriff or animal control authority may have such animal placed in a duly licensed veterinary hospital at the owner's expense, when the owner is unable to provide suitable quarters in which to confine the animal in the manner set forth in this section, or the animal manifests any questionable behavior or symptoms which may be rabies.
The sheriff or animal control authority may notify the Skagit County health officer of all reports received on animal bites. Where rabies is suspected, the Skagit County health officer shall be notified immediately.
(Ord. 728, 2015)
Upon taking possession of an animal known to have bitten or having displayed symptoms of rabies, any animal control authority or authorized agent shall forthwith convey such animal to the nearest veterinary hospital where such animal is confined for a period of at least 10 days. In the case that such animal is delivered to a veterinary hospital, notice of the name and location of such shall be immediately furnished to an authorized animal control authority by the owner of such animal. Upon receipt of such animal the veterinary hospital shall submit to a town animal control authority at the earliest possible time a certificate stating that such animal either shows no symptoms of rabies or does show symptoms of rabies. At the expiration of the 10 days of confinement and upon release of such animal, the veterinary hospital shall submit to the town a second certificate stating that the animal does not have rabies and has been released. The cost of maintaining such an animal in the veterinary hospital shall be borne by the owner thereof, except where the owner of such animal cannot be ascertained, the town shall then pay for such observation and care.
(Ord. 728, 2015)
In all cases where any animal, which has bitten a person or caused an abrasion or puncture of the skin, is slain by any animal control authority whether by order of the court or otherwise, and a period of 10 days has not elapsed since the day on which such dog bit any person or caused an abrasion or puncture of the skin of any person, it shall be the duty of said animal control authority slaying such animal to forthwith deliver intact the head of such animal to the county health official.
(Ord. 728, 2015)
(1) 
All civil penalties required to be paid for violations of this chapter must be made at the office of the town clerk.
(2) 
The animal control authority may impound:
(a) 
A potentially dangerous or dangerous dog for which the owner has not obtained a certificate of registration; or
(b) 
A potentially dangerous or dangerous dog that is not in compliance with CMC § 6.04.460.
(3) 
The animal control authority may impound, quarantine for the proper length of time, and thereafter destroy in an expeditious and humane manner:
(a) 
A dangerous dog that bites a person or a domestic animal; or
(b) 
A dog that aggressively attacks and causes severe injury or death of a human, regardless of whether there has been previous determination of whether such dog is potentially dangerous or dangerous.
(4) 
The animal control authority may assess a civil penalty in the amount of $150.00 plus $10.00 for each day a potentially dangerous or dangerous dog is impounded, plus actual costs for any necessary additional care as approved by annual resolution of the town council.
(5) 
The animal control authority may destroy, in an expeditious and humane manner, a potentially dangerous or dangerous dog when the right to appeal has been exhausted or waived and the dog remains impounded for 20 days or more due to the failure of the owner to obtain a certificate of registration or pay civil penalties. The animal control authority may assess an additional civil penalty in the amount of $250.00 for the cost of destroying any such dog.
(6) 
No potentially dangerous dog or dangerous dog impounded by the animal control authority may be returned to any owner until such owner has paid all civil penalties assessed against such owner under this chapter.
(Ord. 728, 2015)
This chapter has been enacted for the welfare of the public as a whole. Nothing contained in this chapter is intended to be nor may be construed to create or form the basis of any liability on the part of the county or town of Concrete, its officers, employees, or agents for any injury or damage resulting from the failure of anyone to comply with the provisions of this chapter, or by reason or in consequence of the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the county or town of Concrete related in any manner to the enforcement of this chapter by its officers, employees or agents.
(Ord. 728, 2015)
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the act where the application of the provision to other persons or circumstances is not affected.
(Ord. 728, 2015)