6.35.020 Dangerous dogs – Notice to owners – Right of appeal – Certificate of registration required – Surety bond – Liability insurance – Restrictions.
A. In addition to the enforcement authority with which the animal control authority has been vested pursuant to state law, the animal control authority shall be authorized to enforce the provisions of this chapter; provided, that in connection with the enforcement of the provisions of this chapter to seek to declare a dog within the city to be dangerous, the animal control authority shall employ the notification and appeal procedures as defined in this section, including serving notice upon the dog owner in person or by regular and certified mail, return receipt requested.
B. The notice must state: the basis for the proposed action; the reasons the authority considers the animal dangerous; a statement that the dog is subject to registration and controls required by this chapter, including a recitation of the controls in subsections F and G of this section; and an explanation of the owner’s rights and of the proper procedure for appealing a decision finding the dog dangerous.
C. Prior to the authority issuing its final determination, the authority shall notify the owner in writing that they are entitled to an opportunity to meet with the authority, at which meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous, including the owner’s compliance with the AKC’s CGC program, or comparable course or program provisions as provided herein, if applicable. The owner may also request a reasonable delay before the final determination is made if the owner has already enrolled in the AKC’s CGC program, or comparable course or program, if applicable. The notice shall state the date, time, and location of the meeting, which must occur prior to expiration of 10 calendar days following delivery of the notice. The owner may propose an alternative meeting date and time, but such meeting must occur within the 10-day time period set forth in this section. After such meeting, the authority must issue its final determination, in the form of a written order, within 10 calendar days. In the event the authority declares a dog to be dangerous, the order shall include a recital of the authority for the action, a brief, concise statement of the facts that support the determination, and the signature of the person who made the determination. The order shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the owner’s last address known to the authority.
D. The owner may appeal the authority’s final determination that the dog is dangerous to the city’s hearing examiner, which appeal shall be in accordance with the provisions herein and pursuant to the procedures of the city code. Any such appeal by the owner shall be perfected by filing a written notice of such appeal with the city clerk within 15 days of the date the owner received the final determination if the order was delivered in person, or within 20 days of the date the order was mailed to the owner, by filing a written notice of appeal with the city clerk. While the appeal is pending, the authority may order that the dog be confined or controlled in compliance with ACC 6.35.030 and/or RCW 16.08.090. If the dog is determined to be dangerous, the owner must pay all costs of confinement and control.
E. It is unlawful for an owner to have a dangerous dog in the city without a certificate of registration issued pursuant to this section. This section and ACC 6.35.030 and 6.35.040 shall not apply to police dogs as defined in ACC 6.02.135 and/or RCW 4.24.410.
F. The animal control authority shall issue a certificate of registration to the owner of a dog deemed to be a dangerous dog if the owner presents to the animal control unit sufficient evidence of:
1. A proper enclosure to confine a dangerous dog, as such enclosure is defined and described in ACC 6.01.010(A)(27), 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;
2. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the animal control authority in the sum of at least $250,000, payable to any person injured by the dangerous dog, or such surety bond that otherwise meets the requirements of RCW 16.08.080; or
3. 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, or such liability insurance that otherwise meets the requirements of RCW 16.08.080.
G. Any dog which is declared to be a “dangerous dog” pursuant to this chapter or Chapter 16.08 RCW shall also be required to be microchipped by a veterinarian of the owner’s choice, at the owner’s expense. This shall be in addition to the other requirements of this chapter and in addition to the applicable requirements for licensing as defined within this title, and this procedure must be accomplished within 30 days after the owner’s receipt of the dangerous dog declaration issued pursuant to this chapter or Chapter 16.08 RCW.
H. In addition to regular dog licensing fees, the owner of a dangerous dog shall pay to the city a dangerous dog registration fee in the amount of $500.00 per year for the dangerous dog registration, and shall comply with the city’s dangerous dog registration procedures, including providing the city with a photograph of the dangerous dog, each year. Such photograph(s) shall show the dog’s coloring and body shape. (Ord. 6424 § 4, 2012; Ord. 6244 § 2, 2009; Ord. 5996 § 1, 2006; Ord. 5829 § 1, 2004.)