8.24.166 Potentially dangerous dogs and dangerous dogs

8.24.166 Potentially dangerous dogs and dangerous dogs.

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A. Purpose. The purpose of this section is to work within the framework of Chapter 16.08 RCW to protect the public health, safety and welfare by regulating potentially dangerous dogs and dangerous dogs within the city, thereby encouraging responsible dog ownership.

B. Definitions. In addition to the definitions set forth in VMC 8.24.010, as used in this subsection:

1. “Dangerous dog” means any dog that, when unprovoked:

a. Inflicts severe injury on a human being without provocation on public or private property; or

b. Kills a domestic animal or livestock without provocation while off the owner’s property; or

c. Has been previously found to be potentially dangerous and the owner having received notice of such and the dog again aggressively bites, attacks or endangers the safety of humans or domestic animals or livestock.

2. “Potentially dangerous dog” means any dog that, when unprovoked:

a. Inflicts bites on a human, domestic animal or livestock either on public or private property; or

b. 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, or to cause injury or otherwise to threaten the safety of humans or domestic animals.

3. ”Proper enclosure of a dangerous dog” means, while on the owner’s property, a 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:

a. Be six-sided with secure sides, secure bottom, and secure top, and

b. Provide protection from the elements for the dog.

4. “Provocation” includes, but is not limited to, situations where threat, injury, or damage is sustained by a person who, at the time, was committing a willful 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.

5. “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

C. Basis for declaration. The city’s designated animal control agent may find and declare a dog potentially dangerous or dangerous if it has probable cause to believe that the dog falls within the definitions set forth in this section. Probable cause for declaration of a potentially dangerous or dangerous dog shall be based upon evidence of the definitions set forth in subsections (B)(1) and (B)(2) of this section. Examples establishing probable cause may include but are not limited to:

1. 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 of potentially dangerous dog or dangerous dog; or

2. Reports regarding dog bites, other menacing behavior or propensity to attack filed with the designated animal control agent under this ordinance or state law; or

3. Actions of the dog witnessed by any animal control officer or law enforcement officer; or

4. The designation of the dog as dangerous by another animal control authority pursuant to Chapter 16.08 RCW or city or county ordinance enacted under Chapter 16.08 RCW; or

5. Other substantial evidence.

D. Impoundment, confinement, and/or control pending final determination. Pending the meeting and prior to issuing a final determination of dangerous dog, the designated animal control agent may, for the protection of persons or property, including other animals:

1. Impound the dog; or

2. Order that the dog be confined in a proper enclosure for a dangerous dog and, if outside a proper enclosure, controlled in accordance with this section.

The costs of impoundment, confinement, or control shall be at the expense of the dog owner. Failure of the owner to comply, after notice, with the designated animal control agent’s order to confine or control the dog shall be a misdemeanor. The order to confine or control the dog shall include notice that the owner may appeal such order, imposition of costs, or both the order and imposition of costs, under VMC 8.24.280, that the owner may request that the appeal hearing be expedited, and that failure to comply with such order to control or confine is a misdemeanor.

3. Final determination of dangerous dog. Based on evidence to support a dangerous dog determination in writing, within 15 calendar days.

E. Appeal. If the owner of the dog wishes to object to the declaration of potentially dangerous or dangerous dog:

1. 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 a hearing officer. A written appeal must be submitted to the animal control department.

2. If the hearing officer finds that the evidence contained in the declaration is not supported by a preponderance of the evidence, it shall be rescinded, and the restrictions imposed thereby annulled.

3. If the hearing officer finds the evidence in the declaration is supported by a preponderance of the evidence, it shall issue a final determination and may impose additional restrictions on the animal.

4. Failure to successfully appeal a declaration of potentially dangerous or dangerous dog shall automatically convert a declaration to a determination for purposes of this section.

F. Final determination of potentially dangerous or dangerous dog – Service. The final determination of potentially dangerous or dangerous dog shall be in writing and shall be served on the owner in one of the following methods:

1. Certified mail, return receipt, to the owner or keeper’s last known address, if known; or

2. Personally; or

3. If the owner cannot be located and served by one of the first two methods, by publication in the city’s official newspaper not less than twice for two consecutive weeks, in which case service shall be deemed complete three days after the last date of publication.

1. The final determination of potentially dangerous or dangerous dog shall state at least:

a. A description of the dog;

b. The name and address of the owner or keeper of the dog, if known;

c. The whereabouts of the dog if it is not in the custody of the owner;

d. The facts upon which the determination is based;

e. The availability of an appeal from the determination hearing in case the owner objects to the determination, if a request is made within five working days;

f. The restrictions, if any, placed on the dog as a result of the determination; and

g. The penalties for violation of the restrictions, including the possibility of destruction of the animal, and imprisonment or fining of the owner.

2. In addition, a final determination that a dog is potentially dangerous or dangerous shall state:

a. The basis in statute and city ordinance for the determination;

b. The reasons the city’s designated animal control agent considers the dog dangerous and the findings by the hearing officer in support thereof;

c. A statement that the dog is subject as a dangerous dog to registration and controls required by Chapter 16.08 RCW and this chapter, including a recitation of the controls of this section; and

d. A dog owner’s rights and of the proper procedure for appealing a final determination that the dog is potentially dangerous or dangerous.

1. Upon a final determination that a dog is a potentially dangerous dog, it shall be unlawful for the potentially dangerous dog to be kept within the city unless, within five days of service upon the owner of the final determination that a dog is potentially dangerous:

a. The potentially dangerous dog is licensed under this chapter;

b. The potentially dangerous dog has been implanted with a microchip; and

c. The potentially dangerous dog has been and placed on the local and national registry.

2. The owner of the potentially dangerous dog shall provide proof satisfactory to the city’s designated animal control agent of compliance with the requirements of this subsection within five days of service upon the owner of the final determination that a dog is potentially dangerous; provided, that the city’s designated animal control agent may grant an extension for compliance upon a showing of good cause.

3. Meeting the requirements of this subsection shall be at the owner’s expense.

4. The range of civil penalties for the first, second and subsequent violations of this subsection shall be assessed as set forth in VMC 8.24.250.

5. In addition to any other penalties under this chapter, failure to comply with the requirements of this subsection shall be a misdemeanor.

6. Dogs declared “potentially dangerous” shall be subject to a one-time $200.00 license fee. If, after three years from the date of declaration no additional violations or dangerous behavior have been reported, the owner may petition to have the dog removed from the list.

1. Licensing required. It is unlawful for any owner of a dog declared by the animal control department to be dangerous to keep such dog within the city unless such owner has procured a special dangerous dog license from the animal control department. The special dangerous dog license shall be annual and shall expire one year from the date of issuance. The initial fee for a special dangerous dog license shall be $300.00 and the fee for annual renewals shall be $100.00. No license shall issue without payment of the fee. The designated animal control agent shall issue a special dangerous dog license to the owner of a dangerous dog only if the owner presents to the designated animal control agent sufficient evidence of:

a. A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog; and

b. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the designated animal control agent in the sum of at least $250,000, payable to any person injured by the dangerous dog; or

c. 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.

d. Evidence that the dog has been implanted with a microchip and placed on the local and national registry, at the owner’s expense, must be submitted to the office of animal control.

2. Dangerous dogs – Deadline for compliance with licensing requirements. The special dangerous dog license shall be obtained within five working days following the service of such department declaration or, if the declaration is timely appealed pursuant to subsection E of this section, within seven working days following the mailing of a decision affirming such determination by the hearing examiner; provided, that the director/manager of the animal control department may grant an extension upon a showing of good cause.

3. Dangerous dogs – Conditions to be outside proper enclosure. The owner of a dangerous dog shall not permit the dog to be outside the 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.

4. Dangerous dogs – Civil penalties. The range of civil penalties for the first, second and subsequent violations of this subsection I shall be assessed as set forth in VMC 8.24.250.

1. Notwithstanding any other provisions of this chapter, and in addition to any other penalties prescribed herein:

a. A dangerous dog may be immediately confiscated if:

i. The dog is not validly licensed as a dangerous dog as required by RCW 16.08.080 or this section; or

ii. The owner does not secure and maintain the surety bond or liability insurance coverage as required by RCW 16.08.080 or this section; or

iii. The dog is not maintained in a proper enclosure of a dangerous dog as defined by subsection (I)(1)(a) of this section; or

iv. The dog is outside of the dwelling of the owner, or outside of the proper enclosure and not muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person.

2. In addition, the owner of the dangerous dog shall be guilty of a gross misdemeanor pursuant to Chapter 16.08 RCW.

3. The owner of any dangerous dog confiscated under this subsection shall pay the costs of the dangerous dog’s confiscation, confinement or control. The city’s designated animal control agent shall serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the costs of confiscation, confinement and control, and that the dog may be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within 10 working days. The city’s designated animal control authority may destroy the confiscated dangerous dog in an expeditious and humane manner if the deficiencies listed in the notice are not corrected within 10 working days of receipt of the confiscation notification.

K. Dangerous dog owner – Subsequent attack or bite – Consequences. If a dangerous dog without provocation attacks or bites a person or domestic animal, and the owner of the dangerous dog has a prior conviction under this chapter or Chapter 16.08 RCW, the matter may be referred to the Clark County prosecutor for review for charging of a Class C felony, pursuant to Chapter 16.08 RCW. In addition, the dangerous dog shall be immediately impounded by the city’s designated animal control agent, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner, subject to the appeal procedures provided for by this ordinance. Nothing in this section shall preclude the city from prosecuting the owner of the dangerous dog for other offenses arising from the attack or bite.

L. Dogs – Aggressive attacks without provocation – Severe injury or death. If the owner of any dog that without provocation aggressively attacks and causes severe injury or death of any human, regardless of whether there has been any previous determination of whether such dog is potentially dangerous or dangerous, the matter may be referred to the Clark County prosecutor for review for charging a Class C felony pursuant to Chapter 16.08 RCW. In addition, the dog shall be immediately impounded by an animal control officer, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner, subject to the appeal procedures provided for by this ordinance. Nothing in this section shall preclude the city from prosecuting the owner of the dangerous dog for other offenses arising from the attack.

M. Potentially dangerous and dangerous dog provisions – Not applicable to police dogs. This section shall not apply to police dogs. (Ord. M-4418 § 2(a)(i), 2023; Ord. M-4123 § 1, 2015; Ord. M-4072 § 3, 2014; Ord. M-4043 § 9, 2013)