Chapter 6.08
DOGS AND CATS
Sections:
6.08.010 Provisions and purpose.
6.08.015 Definitions.
6.08.020 Dog control zones – Posting.
6.08.030 Annual dog license required.
6.08.040 Licenses – Procedures and fees.
6.08.050 Licenses – Tags.
6.08.060 License – Copy.
6.08.070 License – Fees.
6.08.080 Public nuisances.
6.08.085 At large dogs.
6.08.090 Unlawful activities.
6.08.091 Potentially dangerous dogs – Declaration.
6.08.092 Potentially dangerous dogs – Regulations.
6.08.093 Dangerous dogs – Declaration.
6.08.094 Appeal of dangerous or potentially dangerous dog declaration.
6.08.095 Dangerous dogs – Annual certification and registration requirements.
6.08.096 Dangerous dogs – Violations, confiscation and destruction.
6.08.097 All dogs – Severe injury or death.
6.08.098 Control of rabid or potentially rabid animals.
6.08.100 Dogs injuring or killing domestic animals.
6.08.110 Dogs injuring or killing domestic animals – Damages.
6.08.113 Impound and redemption of animals.
6.08.117 Disposition of unclaimed animals.
6.08.120 Violation – Penalty.
6.08.130 Signs.
6.08.010 Provisions and purpose.
The provisions of this chapter are adopted pursuant to Chapter 16.10 RCW, as an alternative to Chapter 36.49 RCW, and as a complement to Chapters 16.04, 16.08 and 16.36 RCW. The purpose of this chapter is to provide regulations and specific controls within the unincorporated areas of San Juan County to control animal conduct and establish penalties for the violation thereof. Nothing in this chapter shall be intended nor construed to create any liability on the part of the County, its officers, employees, agents or contractors. This chapter has been enacted for the health, safety and welfare of the public as a whole. (Ord. 22-2008 § 2; Ord. 3-2003 § 1; Ord. 14-1994; Res. 163-1985)
6.08.015 Definitions.
In construing the provisions of this chapter, except where otherwise plainly declared or clearly apparent from the context, words used herein shall be given their common and ordinary meaning. In addition, the following definitions shall apply:
“Allow” means to permit, including by failing or neglecting to restrain or prevent.
“Animal control authority” means the San Juan County sheriff, acting alone or in concert with other local governmental units or with humane societies for enforcement of the animal control laws of the city, County, and state.
“Animal control officer” means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
“At large” means off the premises of the owner and not under the immediate control of the owner, member of his/her immediate family or a person authorized by him, by means of voice control, whistle or hand signal, or a leash, cord or chain no longer than 15 feet.
“Dangerous dog” means any dog that, when unprovoked, (1) inflicts severe injury on a human being on public or private property, (2) kills a domestic animal while off the owner’s property, or (3) aggressively bites, attacks or endangers the safety of humans, and the dog has been previously found to be potentially dangerous by the animal control authority because of injury inflicted on a human, the owner having received notice of such.
“Dog” means all members of the dog family, including wolf breeds.
“Domestic animal” means any animal that is bred and kept for the use by humans, including livestock.
“Livestock” means animals normally kept for the production of food or fiber, including but not limited to sheep, goats, swine, cows, horses, fowl, llamas, alpacas and rabbits.
“Owner” means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of a domestic animal, including a dog.
“Person” means any person, firm, corporation or association.
“Potentially dangerous dog” means any dog that when unprovoked: (1) inflicts bites on a human or a domestic animal either on public or private property, or (2) chases or approaches a person upon the streets, sidewalks, or any public grounds or private property not belonging to the dog owner in a menacing fashion or apparent attitude of attack, or (3) has a known propensity, tendency, or disposition to attack, to cause injury or otherwise to threaten the safety of humans or domestic animals.
“Provoke” means to taunt, strike at, torment, abuse, or assault a dog without justification or excuse or to make an unauthorized entry onto the premises where a dog is kept.
“Secure enclosure” 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 have secure sides and a secure top, and shall also provide protection from the elements for the dog.
“Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
“Unconfined” means that the dog is not securely confined indoors or confined 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. (Ord. 22-2008 § 3; Ord. 19-2006 § 1; Ord. 3-2003 § 2)
6.08.020 Dog control zones – Posting.
All unincorporated portions of San Juan County are hereby established as dog control zones. (Ord. 3-2003 § 3; Ord. 14-1994; Res. 163-1985. Formerly 6.08.060)
6.08.030 Annual dog license required.
It is unlawful to own, keep or maintain any dog over the age of three months in a dog control zone without obtaining an annual County license and keeping the license tag conspicuously attached to the dog. A current out-of-County license shall be honored for 30 days. (Ord. 22-2008 § 4; Ord. 3-2003 § 4; Ord. 14-1994; Res. 163-1985)
6.08.040 Licenses – Procedures and fees.
The County auditor or his designee shall issue licenses under the procedures set forth in this chapter. The County auditor may enter into contracts with other profit and nonprofit organizations to issue licenses. (Ord. 3-2003 § 5; Ord. 14-1994; Res. 163-1985. Formerly 6.08.050)
6.08.050 Licenses – Tags.
License tags shall be metal or plastic tags of a standard size and color determined by the auditor, so as to equip each licensed dog with as conspicuous a tag as is practical, given the size of the dog being licensed. Each tag shall bear a number, the year and the legend “San Juan County Dog License,” and no tag shall be given the number assigned to another tag. License tags shall not be transferred from one dog to another. (Ord. 22-2008 § 5; Ord. 3-2003 § 6; Ord. 14-1994; Res. 163-1985. Formerly 6.08.051)
6.08.060 License – Copy.
A copy of the license containing the name, address and telephone number of the dog’s owner shall be available for inspection by members of the public. On change of ownership of a licensed dog, the new owner shall promptly report the transfer to the County auditor. (Ord. 3-2003 § 7; Ord. 14-1994; Res. 163-1985. Formerly 6.08.052)
6.08.070 License – Fees.
A. License fees shall be valid for one calendar year; however, a license purchased between November 15th and December 31st shall be valid from the date of purchase through the following calendar year.
B. License fees are as follows:
|
Neutered |
$12.00 annually |
|
Unneutered |
$30.00 annually |
Late fee of $10.00 shall be added to the license fee if the owner of the dog is a County resident and has not purchased the license by March 31st. New resident owners have 30 days to purchase the license. A replacement tag is available for a $2.00 fee.
C. License fees shall be transferred to the San Juan County dog license fund to be disbursed as follows:
1. Two dollars of each license fee shall be paid to the person who sold the license, provided such person is authorized by the County auditor to issue licenses, including animal protection societies who issue dog licenses pursuant to agreement with the County auditor.
2. If the balance of the livestock fund is below $5,000, then $4.00 of each license fee shall be deposited in the livestock fund for payment of compensation for injury to the owners of domestic animals killed or injured by dogs, in accordance with provisions of SJCC 6.08.110. The auditor shall prepare a report on the activity and balance of the livestock fund on an annual basis.
3. The balance of all fees collected shall be deposited to the animal control fund to be used by the County for the purpose of developing and supporting animal control and animal impounding facilities and to support the costs of enforcement. (Ord. 19-2006 § 2; Ord. 3-2003 § 8; Ord. 14-1994; Ord. 66-1991 Exh. A; Res. 163-1985. Formerly 6.08.053)
6.08.080 Public nuisances.
A. It is unlawful and a public nuisance for any owner of a dog to:
1. Allow a dog to pursue or follow in a menacing manner, chase, bite, injure or kill any domestic animal; or
2. Allow a dog to pursue or follow in a menacing manner, chase, bite, or injure any person; or
3. Allow a dog to bite or cause injury to any deer if wild or kept as a domestic animal.
B. Any violation of this section is a misdemeanor and the court may impose any remedy at law or equity. (Ord. 22-2008 § 6; Ord. 19-2006 § 3; Ord. 3-2003 § 9; Ord. 14-1994; Res. 163-1985. Formerly 6.08.070)
6.08.085 At large dogs.
It is unlawful for the owner of any dog to allow the dog to be at large, as defined in this chapter, or to allow such animal to be on the property of another without the permission of the owner or tenant of such property; provided, that the requirement that a dog be under the immediate control of the owner shall not apply to dogs which are engaged in the lawful herding of livestock, lawful competition sanctioned by a nationally recognized body or local chapter thereof, or training for such herding or competitive activities, or while in the performance of duty as part of a law enforcement activity. (Ord. 22-2008 § 7; Ord. 19-2006 § 4)
6.08.090 Unlawful activities.
It is unlawful for any person:
A. To kill another’s dog except under circumstances provided for in this chapter or under state law;
B. To kill or attempt to kill a dog without exercising due care to avoid creating a risk of harm to persons, domestic animals, or property;
C. To kill a dog without reporting the same to the animal control authority within 24 hours;
D. To remove a license tag from another’s dog, alive or dead;
E. To counterfeit a dog license tag;
F. To use spring guns, poison, traps or any other unselective method to destroy a dog;
G. To wilfully abandon or leave unattended in circumstances which demonstrate an intent to permanently abandon a dog or cat in the County;
H. To make a false statement in securing a dog license, in reporting the destruction of a dog or in claiming damages under RCW 16.08.010;
I. To leave an animal in a motor vehicle without providing adequate ventilation;
J. To refuse to quarantine or permit the quarantine of any animal when and as required by state law or this chapter;
K. To prevent, obstruct or hinder the impoundment of an animal or other enforcement duties of the animal control authority; or
L. To deprive any animal of necessary food, water or shelter.
Any person who shall violate this section shall be guilty of a misdemeanor. (Ord. 22-2008 § 8; Ord. 3-2003 § 10; Ord. 14-1994; Res. 163-1985. Formerly 6.08.080)
6.08.091 Potentially dangerous dogs – Declaration.
A. The animal control authority may find and declare by order that a dog is a potentially dangerous dog if there is probable cause that the dog has the characteristics of a potentially dangerous dog as defined in this chapter. Such finding and order must be based upon one or more of the following sources of information: (1) the written complaint of a citizen, provided under penalty of perjury, or (2) actions of the dog witnessed by any animal control officer or other law enforcement officer. Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was provoking the dog, as defined in this chapter, or who has, in the past, been observed or reported to have provoked the dog, or who was committing or attempting to commit a crime. The breed of the dog shall not be a determining factor when declaring a dog potentially dangerous.
B. Upon declaration that a dog is a potentially dangerous dog, the animal control authority may impose the following conditions and restrictions on the owner:
1. To keep the dog in a secure enclosure;
2. To not allow the dog to be away from the premises of the owner unless the dog is securely restrained by a substantial leash under the control of a responsible person of sufficient age and size to control the dog in all circumstances;
3. To post and maintain signs on the property where the dog is located which have a clear warning symbol that informs adults and children of the presence of a potentially dangerous dog.
C. The order declaring that a dog is a potentially dangerous dog shall include the following information:
1. A description of the dog;
2. The name and address of the owner of the dog;
3. The last known whereabouts of the dog if it is not in the custody of the owner;
4. The facts upon which the declaration of potentially dangerous dog is based;
5. The legal basis for the proposed action;
6. A statement that the dog is subject to the licensing or registration requirements of this chapter;
7. Notice of the owner’s right to a hearing to contest the declaration, and the procedure to be followed;
8. The restrictions placed on the dog as a result of the declaration of potentially dangerous dog;
9. The penalties for violation of the restrictions.
D. Prior to the animal control authority issuing its final determination, the animal control authority shall notify the owner in writing that he or she is 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 potentially dangerous. The notice shall state the date, time, and location of the meeting, which must occur prior to expiration of 15 calendar days following delivery of the notice. The owner may propose an alternative meeting date and time, but such meeting must occur within the 15-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 15 calendar days.
E. The order declaring a dog to be a potentially dangerous dog shall be in writing, and shall be effective upon delivery to the owner of the dog by one of the following methods:
1. Regular mail and certified mail, return receipt requested, to the owner’s last known address, in which case delivery is presumed three days after deposit in the United States mail; or
2. Personal service. (Ord. 22-2008 § 9; Ord. 3-2003 § 11)
6.08.092 Potentially dangerous dogs – Regulations.
A. After a declaration that a dog is a potentially dangerous dog, it is unlawful for an owner:
1. To fail to be in compliance with any restrictions placed on the potentially dangerous dog by the animal control authority; or
2. To fail to notify the animal control authority of change of ownership or residence of the dog within 10 days of such change; or
3. To allow the dog to inflict a bite upon a human or a domestic animal, on public or private property; or
4. To allow the dog to chase or approach a person upon the streets, sidewalks, or other public grounds or on private property not belonging to the dog’s owner in a menacing fashion or apparent attitude of attack; or
5. To allow the dog to attack or cause injury to or otherwise threaten the safety of any person or domestic animal.
B. Violation of this section is a gross misdemeanor, punishable in accordance with RCW 9A.20.021.
C. Nothing in this section shall preclude any prosecution for violation of RCW 16.08.100(3), in a situation causing severe injury or death of any human. (Ord. 22-2008 § 10; Ord. 3-2003 § 12)
6.08.093 Dangerous dogs – Declaration.
A. The animal control authority may find and declare a dog a dangerous dog if there is probable cause that the dog has the characteristics of a dangerous dog as defined in SJCC 6.08.015. Such finding must be based upon one or more of the following sources of information: (1) the written complaint of a citizen, provided under penalty of perjury, or (2) actions of the dog witnessed by any animal control officer or other law enforcement officer. Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was provoking the dog, as defined in this chapter, or who has, in the past, been observed or reported to have provoked the dog, or who was committing or attempting to commit a crime. The breed of the dog shall not be a determining factor when declaring a dog dangerous.
B. The declaration of dangerous dog shall include the following information:
1. A description of the dog;
2. The name and address of the owner of the dog;
3. The last known whereabouts of the dog if it is not in the custody of the owner;
4. The facts upon which the declaration of dangerous dog is based;
5. The legal basis for the proposed action;
6. A statement that the dog is subject to the licensing or registration requirements of this chapter;
7. Notice of the owner’s right to a hearing to contest the declaration, and the procedure to be followed;
8. The restrictions and registration requirements placed on the dog as a result of the declaration of a dangerous dog;
9. The penalties for violation of the restrictions.
C. Prior to the authority issuing its final determination, the animal control authority shall notify the owner in writing that he or she is 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. The notice shall state the date, time, and location of the meeting, which must occur prior to expiration of 15 calendar days following delivery of the notice. The owner may propose an alternative meeting date and time, but such meeting must occur within the 15-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 15 calendar days.
D. The declaration of dangerous dog shall be in writing, and shall be effective upon delivery to the owner of the dog by one of the following methods:
1. Regular mail and certified mail, return receipt requested, to the owner’s last known address, in which case delivery is presumed three days after deposit in the United States mail; or
2. Personal service. (Ord. 22-2008 § 11; Ord. 3-2003 § 13)
6.08.094 Appeal of dangerous or potentially dangerous dog declaration.
A. There is no administrative appeal of the declaration of a dangerous dog or declaration of a potentially dangerous dog.
B. Within 20 days following service of a declaration of a dangerous dog or potentially dangerous dog, the owner may appeal the determination to the San Juan County district court by filing and serving a written notice of appeal.
The notice of appeal shall contain the following information:
1. The name, address and telephone number of the owner of the dog;
2. A statement of the reasons why the decision should be reversed or modified;
3. The name, address and phone number of every witness who will appear on the dog owner’s behalf; and
4. A copy of the decision being appealed.
C. The animal control authority shall be served by delivery of the notice of appeal to the San Juan County auditor.
D. The animal control authority has the burden of demonstrating by a preponderance of the evidence that the conduct of the dog or owner supports the declaration made by the animal control authority.
E. While the appeal is pending, the animal control authority may order that the dog be confined or controlled in compliance with RCW 16.08.090. If the dog is determined to be dangerous, the owner must pay all costs of confinement and control.
F. The decision of the district court judge is subject to further appeal in accordance with the rules of the court. (Ord. 22-2008 § 12; Ord. 3-2003 § 14)
6.08.095 Dangerous dogs – Annual certification and registration requirements.
A. It is unlawful for an owner to have a dangerous dog without a certificate of registration issued pursuant to this section and RCW 16.08.080 to be issued annually. Such certification and registration is in addition to all other licensing requirements.
B. The animal control authority shall issue an original certificate or renewal certificate, as appropriate, for the registration of a dangerous dog, if the owner pays a $100.00 annual fee and presents to the animal control authority evidence of:
1. A secure 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 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 $100,000, payable to any person injured by the dangerous dog; or 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 $100,000, insuring the owner for the personal injuries inflicted by the dangerous dog.
C. A violation of the registration and renewal requirements of this section is a misdemeanor and the dog is subject to immediate impoundment, confiscation and disposition in the manner provided by law. (Ord. 22-2008 § 13; Ord. 3-2003 § 15)
6.08.096 Dangerous dogs – Violations, confiscation and destruction.
A. It is unlawful for an owner of a dangerous dog to:
1. Not have a current license for the dog or to not have attached to the dog the current license tag as is required by SJCC 6.08.030; or
2. Possess a dog that is not currently registered as a dangerous dog when required by law; or
3. Not secure and have in place the surety bond or liability insurance required under SJCC 6.08.095; or
4. Not keep the dangerous dog in a secure enclosure while on private property; or
5. Not keep the dangerous dog under the physical restraint of a responsible person of sufficient age and size to control the dog in all circumstances while outside of the secure enclosure; or
6. Violate any other condition imposed by the animal control authority or by local ordinance or state law.
B. Violation of the provisions of this section is a misdemeanor and the dog is subject to immediate impoundment, confiscation and disposition in the manner provided by law.
C. For any dog confiscated for violation of subsection (A) of this section, the owner must pay the costs of confinement and control. The animal control authority must 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 the payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies are not corrected within 20 days. In the event the owner fails or refuses to pay costs of confinement and control and correct all violations within 20 days, the animal control authority may destroy the confiscated dangerous dog. In addition, the owner shall be guilty of a gross misdemeanor for each violation, punishable in accordance with RCW 9A.20.021.
D. If a dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person or another domestic animal, the dog shall be immediately confiscated by the animal control authority, placed into quarantine for 10 days and thereafter destroyed in an expeditious and humane manner. There is no right of appeal to the decision of the animal control authority to confiscate and destroy the dangerous dog. In addition, the dog’s owner is guilty of a Class C felony, punishable in accordance with RCW 9A.20.021. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that he or she was in compliance with the requirements of ownership of a dangerous dog pursuant to this chapter and the person or domestic animal attacked or bitten by the defendant’s dog trespassed on the defendant’s real or personal property or provoked the defendant’s dog without justification or excuse. There is no liability to the animal control authority for destroying a dangerous dog prior to the resolution of the criminal case involving the defendant where there is probable cause to identify the dangerous dog and the nature of the attack. (Ord. 22-2008 § 14; Ord. 3-2003 § 16)
6.08.097 All dogs – Severe injury or death.
The owner of any dog that aggressively causes severe injury or death to any human, whether or not the dog has previously been declared potentially dangerous or dangerous, shall, upon conviction, be guilty of a Class C felony, punishable in accordance with RCW 9A.20.021. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the human was severely injured or killed by the defendant’s dog: (a) trespassed on the defendant’s real or personal property, which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of dog; or (b) provoked the defendant’s dog without justification or excuse on the defendant’s real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of dog. In such a prosecution, the state has the burden of showing that the owner of the dog either knew or should have known that the dog was potentially dangerous as defined in this chapter. The state may not meet its burden of proof that the owner should have known the dog was potentially dangerous solely by showing the dog to be a particular breed or breeds. In addition, the dog shall be immediately confiscated by an animal control authority, quarantined, and upon conviction of the owner, destroyed in an expeditious and humane manner. (Ord. 3-2003 § 17)
6.08.098 Control of rabid or potentially rabid animals.
A. A domestic animal of a species which may transmit disease through its bite, which bites and breaks the skin of any person, shall be quarantined for a 10-day period to determine if the animal is infected with a disease. The place of quarantine shall be established by the animal control authority, and the animal control authority may, in its discretion, allow the owner of the animal to maintain the quarantine.
B. Quarantine Procedure.
1. Any animal that has bitten a human and broken the skin, regardless of provocation or previous inoculation for diseases, shall be confined for a period of not less than 10 days, in such a manner that it is segregated from any other animals and the possibility of coming into contact with other animals and humans, except for the caretaker, is minimized.
2. If the owner is unable or unwilling to confine the animal, or if the animal control authority determines from the prior history of the animal that confinement is not likely, the animal may be quarantined at an animal shelter or a veterinarian and/or boarding kennel of the owner’s choice; provided, that the costs to board the animal shall be borne by the owner.
3. Should the animal manifest any unusual behavior or develop symptoms of illness or die during the observation period, the owner or veterinarian shall immediately notify the animal control authority or the health department of that condition.
C. In all cases where any animal which has bitten a person or caused an abrasion or puncture of the skin, is slain by any person or dies by any other means, and a period of 10 days has not elapsed since the day of the bite, it shall be the duty of any person slaying such animal or the owner to notify the San Juan County sheriff prior to disposal of the carcass. (Ord. 22-2008 § 15; Ord. 3-2003 § 18)
6.08.100 Dogs injuring or domestic animals.
A. Pursuant to RCW 16.08.020, it is lawful for the owner or caretaker of any domestic animal to kill any dog such person sees chasing, biting, injuring or killing such person’s domestic animal; provided, that the dog is killed on property owned, leased or under the control of the owner or caretaker of the victim animal.
B. It is the duty of the owner of any dog seen chasing, biting or injuring any domestic animal, upon being notified of that fact by the owner or caretaker of such domestic animal, to thereafter keep such dog on a leash or confined upon the premises of the dog’s owner.
C. After notification to an owner, as provided in subsection (B) of this section, the owner of any such domestic animal that has been chased, bitten or injured may kill such dog found at large while such dog is on any real property owned by or under the control of the owner or caretaker of the victim animal. (Ord. 22-2008 § 16; Ord. 19-2006 § 5; Ord. 3-2003 § 21; Ord. 14-1994; Res. 163-1985. Formerly 6.08.040)
6.08.110 Dogs injuring or killing domestic animals – Damages.
A. The owner of a dog is liable to the owner of any animal killed or injured by such dog for the amount of damages sustained and costs of collection, to be recovered in a civil action (RCW 16.08.010); provided, that in case the owner of such dog or dogs is unknown or the damages cannot be collected, the person suffering damages may present a claim for such damages to the judge of the district court within 30 days after any such animal or animals are killed or injured and make an affidavit, under oath, stating:
1. The number of animals killed or injured;
2. The information needed to determine the damages allowed under the current damage schedule including a statement of actual expenses incurred as a result of the injury or death;
3. A description of the dog or dogs;
4. The name of the owner of the dog or dogs, if known; or
5. If the owner of such dog or dogs is unknown, the fact that the claimant does not know the identity or address of the owner; and
6. The circumstances under which the animals were killed or injured.
B. The claim, affidavit and verification shall be reviewed by the judge of the district court to ensure that the claimant has fully complied with the procedures set forth in this section. The owner of the dog shall have the ability to submit a response to the claimant. If the court finds that the claimant has presented sufficient credible facts to establish a claim for damages, the court shall issue and file with the County auditor an order certifying the amount of damages sustained. The damages allowed shall be based upon the current damage schedule. The damages awarded shall not exceed the damages provided by the current damage schedule.
C. Upon filing with the County auditor the certificate of the district court judge fixing the damages as above provided, the auditor shall pay to the claimant out of the livestock fund for the amount of damages certified by the district court judge; provided, that the claims shall be paid pursuant to this section only to the extent that there are sufficient funds in the livestock fund. Claims certified under this section at a time when there are not sufficient funds shall be held by the auditor until the livestock fund is sufficient to compensate claimants whose claims shall be paid in the order received.
D. The County council desires to provide compensation to persons whose animal is damaged or killed by dogs at the price of the actual expenses incurred but not more than the amount specified in the following schedule:
|
Animal |
|
Value |
|
Sheep |
|
|
|
|
Ram |
$500.00 |
|
|
Ewe |
$1,000.00 |
|
|
Lamb |
$250.00 |
|
|
Ewe, dairy |
$600.00 |
|
Goat |
|
|
|
|
Buck |
$400.00 |
|
|
Doe |
$350.00 |
|
|
Kid |
$150.00 |
|
|
Doe, dairy |
$300.00 |
|
Bovine |
|
|
|
|
Bull |
$1,000.00 |
|
|
Beef cow |
$1,000.00 |
|
|
Calf |
$300.00 |
|
|
Cow, dairy |
$1,000.00 |
|
Swine |
|
|
|
|
Boar |
$1,000.00 |
|
|
Sow |
$750.00 |
|
|
Piglet |
$100.00 |
|
Poultry/ |
|
|
|
|
Chicken |
$15.00 |
|
|
Duck |
$20.00 |
|
|
Goose |
$35.00 |
|
|
Turkey |
$25.00 |
|
|
Peacock |
$70.00 |
|
|
Juvenile/Immature |
one half of value |
|
Rabbit |
|
|
|
|
Buck |
$25.00 |
|
|
Doe |
$20.00 |
|
|
Kid |
$10.00 |
|
Horse |
|
|
|
|
Stud |
$1,000.00 |
|
|
Gelding |
$1,000.00 |
|
|
Mare |
$1,000.00 |
|
|
Colt |
$700.00 |
|
Alpaca |
|
|
|
|
Stud |
$1,000.00 |
|
|
Gelding |
$1,000.00 |
|
|
Mare |
$1,000.00 |
|
|
Colt |
$700.00 |
|
Llama |
|
|
|
|
Stud |
$1,000.00 |
|
|
Gelding |
$1,000.00 |
|
|
Mare |
$1,000.00 |
|
|
Colt |
$400.00 |
|
Dog |
|
|
|
|
Any breed |
$500.00 |
|
Cat |
|
|
|
|
Any breed |
$250.00 |
(Ord. 22-2008 § 17; Ord. 19-2006 § 6; Ord. 3-2003 § 22; Ord. 14-1994; Res. 163-1985)
6.08.113 Impound and redemption of animals.
A. In addition to the provisions of state law and the San Juan County Code pertaining to potentially dangerous dogs and dangerous dogs, any dog or other animal may be impounded and taken into the care and custody of the animal control authority in the following situations:
1. When a dog is off the premises of its owner and not under the immediate control of its owner or other authorized person;
2. When an animal, required by law to be licensed, does not carry a current license tag;
3. When an animal is brought to the animal shelter or appropriate agency by a private citizen who has found the animal;
4. When the animal has been deemed abandoned pursuant to RCW 16.54.010;
5. When a dog has been declared potentially dangerous or dangerous pursuant to this chapter and/or state law, and the dog is at large, or otherwise is in violation of the restrictions placed upon it;
6. When any animal has been subjected to cruel treatment as defined by RCW 16.52.205 or 16.52.207 or by this chapter, and removal is necessary for the immediate safety and well-being of the animal;
7. When the animal’s owner is incapable or unable to continue to care for it;
8. When an animal has bitten a person, breaking or puncturing the skin, and the owner is unable, incapable or unwilling to provide the 10-day quarantine requirements. If such an animal is found at large, the owner will be deemed unable to provide quarantine and said animal may be impounded.
B. Except as provided in subsection (C) of this section, any impounded animal may be redeemed by its owner upon identification of the owner and payment of licensing fees and payment of the reasonable costs of impoundment and care to the person, agency or business holding the dog.
C. An animal impounded upon reasonable suspicion of having chased, bitten or killed a person or domestic animal may not be redeemed by the owner until after the animal control authority has been notified and given 48 hours to determine whether to declare the dog a potentially dangerous dog as provided in SJCC 6.08.091 or to provide other notices that the dog was seen chasing, biting or killing a person or domestic animal. (Ord. 22-2008 § 18; Ord. 19-2006 § 7; Ord. 3-2003 § 19)
6.08.117 Disposition of unclaimed animals.
Any animal which has been impounded and not redeemed by its owner after seven days’ notice, except any animal impounded upon reasonable suspicion of having chased, bitten or killed domestic animals or any person and which the animal control authority has pending a declaration that such dog is a dangerous dog or potentially dangerous dog, may, in the discretion of the animal control authority, be humanely destroyed, or sold, or placed for adoption with a new owner, unless the impounded animal is suffering from serious injury, illness or disease that would endanger the other sheltered pets or cause the animal to endure unnecessary pain and suffering if left untreated, or if any impounded animal is feral or wild and thereby human care and confinement is not possible or poses a threat to caretakers, the animal may be humanely destroyed before the expiration of the required holding period. (Ord. 19-2006 § 8; Ord. 3-2003 § 20)
6.08.120 Violation – Penalty.
A. Unless otherwise indicated, every violation of this chapter is a civil infraction. Where an offense is a civil infraction and criminal offense, the sheriff or prosecuting attorney has discretion to determine the appropriate penalty to charge.
B. Any person found to have committed an infraction shall be assessed the following monetary penalty:
1. First offense: $100.00;
2. Second offense: $200.00;
3. Third or subsequent offense: $500.00.
C. Restitution for a criminal offense may include reimbursement of funds paid from the livestock fund on account of the actions of the offending dog.
D. For every civil and criminal offense found to have been committed under this chapter, the court shall require restitution for the actual expense paid out of the livestock reimbursement fund for injuries caused by the offending dog.
E. For every civil and criminal penalty, the courts shall order that $100.00 of such penalty shall be directed to be paid by the court clerk to the livestock reimbursement fund. (Ord. 19-2006 § 9; Ord. 3-2003 § 23; Ord. 14-1994; Res. 163-1985. Formerly 6.08.090, 6.08.100)
6.08.130 Signs.
The San Juan County public works department shall install and maintain appropriate signs with the following notice:
All dogs at large are subject to impound. Dogs seen chasing or injuring livestock may be shot by property owner. Chapter 6.08 SJCC.
(Ord. 19-2006 § 10)