Chapters:
6.04 Poundmaster
6.08 Dogs
6.12 Livestock
6.16 Potentially Dangerous and Dangerous Dogs
Sections:
6.04.010 Contract for pound.
6.04.020 Enforcement.
The city council shall provide or contract for such pound or pounds of suitable construction as may be found necessary for the impounding of dogs or animals. (Ord. 806 § 1, 1975: Ord. 5 § 6, 1905)
The police chief shall be ex officio poundmaster and is hereby charged with the duty of enforcing this title. The police chief shall have power to appoint one deputy. A sufficient number of extra police necessary to enforce this title may be appointed by the mayor by and with the consent of the council. (Ord. 5 § 7, 1905)
Chapter 6.08
Sections:
6.08.010 Purpose declared.
6.08.020 Definitions.
6.08.030 License required.
6.08.040 License—Application.
6.08.050 License—Expiration.
6.08.070 Tag—Required.
6.08.080 Lost tag.
6.08.090 At large.
6.08.110 At large—Parks.
6.08.120 Entering places where food is stored, served or prepared.
6.08.180 Barking dog.
6.08.200 Impounding of offending animals.
6.08.210 Impoundment—Registry—Notice.
6.08.220 Impoundment—Redemption—Costs.
6.08.230 Impoundment—Redemption—Destruction.
6.08.240 Disposition of proceeds from sale of impounded animals.
6.08.280 Unable to safely impound.
6.08.290 Costs of maintaining animal in hospital.
6.08.300 Impoundment—Conditions upon release.
6.08.310 Dog chasing vehicles.
6.08.320 Injuring with vehicle.
6.08.330 Suitable shelter and food.
6.08.340 Arrest of animal.
6.08.350 Harboring animal in violation of chapter.
6.08.360 Hot pursuit—Entry of owner’s premises.
6.08.370 Care of impounded animals.
6.08.380 Impoundment—Retention time.
6.08.390 Rabies—Duties of owner—Observation.
6.08.400 Rabies—Confinement of suspected animal.
6.08.410 Rabies—Suspected animal slain by police.
6.08.420 Licensing of kennels, pet shops and veterinary hospitals.
6.08.430 Violation—Penalties.
The ordinance codified in this chapter is enacted for the purpose of regulating the keeping of dogs within the city. The fees, charges and penalties collected hereunder shall be budgeted to defray, in whole or in part, the expense of such regulations. (Ord. 1182 (part), 1993: Ord. 682 § 1, 1969)
As used in this chapter, unless the context otherwise indicates, the following words and terms shall mean:
A. “Animal” includes both the male and female dog, natural or sterilized.
B. “Dog” includes both male and female, natural or sterilized.
C. “Vicious animal” includes those whose temperament or habits create danger of injury to persons or other animals or create a reasonable apprehension of injury to persons or other animals.
D. “Predatory animal” includes any dog of either sex whose actions or habits customarily defile, despoil or damage property of others.
E. “Owner” or “keeper” includes any person, association or corporation owning, keeping or harboring an animal.
F. “At large” means to be off the premises of the owner and not under the control of the owner or of an authorized person over twelve years of age, either by leash or otherwise, but an animal within an automobile or other vehicle of its owner shall be deemed to be upon the owner’s premises.
G. “Barking dog” means any dog which by frequent
or habitual howling, yelping or barking annoys or disturbs other persons in the
vicinity.
H. “Leash” includes a cord, thong or chain by which an animal is controlled by the person accompanying it.
J. “Officer” or “official” means any policeman or any officer, official, person or persons designated by the laws and ordinances of the city to issue licenses, pick up, restrain, impound, sell, dispose, give notice or to do any other acts, duties or functions prescribed by this chapter or other ordinances relating to the animals herein regulated.
K. “License” except as referred to in Section 6.08.420 shall mean the dog license issued by the city under this chapter.
L. “Kennel” includes any place, other than a veterinary hospital, where four or more dogs are kept, or where one or more bitches are kept for breeding, and the offspring thereof are sold for profit or given away, or where such animals are received for care and boarding.
M. “Pound” means a place within or without the city as provided by city ordinances, and operated by the city for the restraint and care of animals.
N. “Pet shop” includes any place duly licensed where live animals, birds or fish are kept and offered for sale.
O. “Veterinary hospital” includes any establishment maintained and operated by a licensed veterinarian for the diagnosis, treatment and care of diseased or injured animals and for their care and training.
P. “Restraint.” An animal shall be deemed to be under restraint if it is confined within the property limits of its owner or keeper by a suitable fence or enclosure or securely restrained within the premises by a leash affixed to a post or other securely fixed object. (Ord. 1182 (part), 1993: Ord. 682 § 2, 1969)\
It is unlawful to keep or harbor a dog over three months of age within the city unless an animal license has been procured for the animal from the city. (Ord. 1182 (part), 1993: Ord. 682 § 3(A), 1969)
Application for such license shall be made upon forms provided by the city. The application shall list the name, address and phone number of the owner; the name, breed, color, age and sex of the animal owned or harbored by him. Such information shall be kept conveniently indexed by the licensing official together with the number of the license issued. (Ord. 1182 (part), 1993: Ord. 682 § 3(B), 1969)
The license shall be valid during the life of the dog, but shall not be transferred to another owner or keeper; provided, that the city shall retain the right to impose a license fee and/or license expiration date upon amendment of this chapter. (Ord. 1182 (part), 1993: Ord. 682 § 3(C), 1969)
Each licensed dog shall be provided by the owner or keeper with a suitable collar or harness which shall be worn by the animal at all times when off the premises of the owner. To such collar or harness shall be affixed a dog license tag provided by the city. Such license tag shall be so affixed as to hang and be discernible to a person of normal vision at not less than ten feet. The license tag shall be stamped with the number. It is unlawful for any person other than the owner, his agent or a city official to remove the license tag from the dog. (Ord. 1182 (part), 1993: Ord. 682 § 3(E), 1969)
Any owner or keeper of a licensed animal whose current license tag has been lost may obtain a replacement tag, prior to impounding of such animals.
Any animal licensed, which may be impounded while running at large, may be redeemed upon payment of impounding and care fees as provided in Section 6.08.220. (Ord. 1182 (part), 1993: Ord. 682 § 3(F), 1969)
It is unlawful for the owner, keeper, custodian or person having charge of any dog to permit an animal to run at large within the city at any time. (Ord. 1182 (part), 1993: Ord. 682 § 4(A), 1969)
It is unlawful for the owner or keeper to permit a dog in public parks except on a leash and subject to all applicable rules and regulations of the park board or ordinances relating to the use of parks. (Ord. 1182 (part), 1993: Ord. 682 § 4(C), 1969)
It is unlawful for the owner or keeper to permit a dog to enter a store, market or other place where food is stored, prepared, served or sold to the public. (Ord. 1182 (part), 1993: Ord. 682 § 4(D), 1969)
It is unlawful for the owner or keeper to harbor or permit a barking dog, whose barking disturbs the quiet of any person or neighborhood. (Ord. 1182 (part), 1993: Ord. 682 § 4(J), 1969)
It shall be the duty of such city employees as shall be designated for that purpose by the mayor, or the employees of any authorized agency designated by the mayor with the approval of the city council, to take up and impound any animals found in the city in violation of any of the provisions of this chapter. (Ord. 1182 (part), 1993: Ord. 682 § 5(A), 1969)
The poundkeeper, or his duly appointed agent, shall immediately upon impounding of any animal make a complete registry, entering the breed, color and sex of such animal and whether licensed, if known, and if licensed, he shall enter the name and address of the owner and number of the license tag, if known.
A. When any licensed animal shall be impounded, the police chief or poundmaster shall forthwith give notice by mail, or by telephone if the owner be within the city limits, to the owner of such licensed dog informing such owner of the impounding of his dog and the reason therefor.
B. When any dog not bearing a collar or harness to which is attached a license, shall be impounded, the police chief or poundmaster shall give notice within twenty-four hours of such impounding by posting notice giving the breed, color, sex and other identifying characteristics of such impounded animal together with the date and place of apprehension thereof. Such notice shall be posted at police headquarters and at such other public place as shall be provided for such notice. (Ord. 1182 (part), 1993: Ord. 682 § 5(B), 1969)
For every animal taken in and impounded as provided in this chapter, there shall be paid to the designated official, for the use of the city, by any person desiring to redeem such animal, the total of the following fees:
A. An impounding fee in an amount equal to the city’s actual cost of boarding the animal as determined by the police chief, or such other sums that are designated from time to time by the city council;
B. Such costs for feeding, veterinary treatment, and care of such animal as shall be imposed by the authorized agency, designated by the city to care for the impounded animals. (Ord. 1441 § 1, 2003; Ord. 1182 (part), 1993: Ord. 785 § 1, 1975: Ord. 682 § 5(C), 1969)
Any animal which has been impounded may be redeemed within forty-eight hours after being impounded by any person claiming to own or to be acting for the owner of such animal, and after such forty-eight hour period, by any person upon payment of the fees and costs as set forth in Section 6.08.220. If any such animal be not redeemed within forty-eight hours after being impounded, such animal shall
be subject to being destroyed by order of the police chief or the authorized poundmaster; provided that, after such forty-eight hours, by order of the
poundmaster (not including Saturdays, Sundays, or holidays):
A. Such animal may be kept and offered for sale at a price fixed by the poundmaster; or
B. Released by the poundmaster to any person who shall pay the fees required by Section 6.08.220 or such portion thereof as the poundmaster may require; or
C. Such poundmaster may release such animal to any other organization for such other disposition as he may see fit, provided that no animal shall be given or sold to any person or association for vivisection purposes. (Ord. 1182 (part), 1993: Ord. 682 § 5(D), 1969)
The proceeds of the auction or other sale of any impounded animal after the expiration of the period of redemption above provided shall be applied first to the cost of apprehension, license and the care of the animal at the rate set in Section 6.08.220, and the balance of such proceeds shall be deposited with the city clerk to be deposited with the general funds of the city. (Ord. 1182 (part), 1993: Ord. 682 § 5(E), 1969)
If any fierce, dangerous, vicious or predatory animal cannot be safely taken up and impounded such dog may be slain by the police officer or authorized agent of the city pound. (Ord. 1182 (part), 1993: Ord. 682 § 5(I), 1969)
All costs of maintaining any such animal in a veterinary hospital shall be paid by the owner. (Ord. 1182 (part), 1993: Ord. 682 § 5(J), 1969)
When any animal shall be impounded pursuant to the provisions of this chapter, the poundmaster may impose such conditions upon the release of such animal as may be necessary or desirable in order to avoid, forestall or prevent recurrence of the violation leading to the impounding of such animal, and no animal shall be redeemed by the owner or other persons except in compliance with and subject to conditions which may include undertaking to keep such animal outside the city, undertaking to pay for damages done by such animal, undertaking to control such animal within specified limits, or any other conditions which may be appropriate and reasonable to avoid recurrence of the conditions leading to such impounding. (Ord. 1182 (part), 1993: Ord. 682 § 5(K), 1969)
Any dog chasing cars, motorcycles, bicycles or any other vehicles, may be declared a nuisance upon written statement of two or more persons having observed such animal in action. (Ord. 1182 (part), 1993: Ord. 682 § 5(L), 1969)
No person shall wilfully injure, beat, abuse or run down any animal with a vehicle. Any person who kills or injures an animal while driving a vehicle shall stop at the scene of the accident and render such assistance as practicable, shall make a reasonable effort to locate and identify himself to the owner or to any person having custody of the dog and shall report the accident immediately to the police department. (Ord. 1182 (part), 1993: Ord. 682 § 6(A), 1969)
It is unlawful for any person to keep or harbor an animal within the city without providing a suitable dry place for the housing thereof or to fail to provide a suitable amount of wholesome food and clean water for the nutrition and comfort thereof or to leave the premises upon which such animal is confined, or to which it customarily returns, for more than twenty-four hours without providing for the feeding and care of such animal in the absence of such person. (Ord. 1182 (part), 1993: Ord. 682 § 6(B), 1969)
The city of
A. Found to be at large or harbored under circumstances constituting a violation of this chapter; or
B. Damaging property of a person other than the owner of such dog, except in defense of the property of or members of the owner’s household; or
C. Causing bodily harm to any person; or
D. Acting in such manner as to cause reasonable apprehension of such harm to persons or animals not within or upon the premises of such dog’s owner.
Such animal may also be taken into custody by any person who observes such violation. Such person shall promptly call the city police or other official, or report the circumstances leading to such seizure and deliver or tender possession of such animal to the city for impounding. (Ord. 1182 (part), 1993: Ord. 682 § 7(A), 1969)
No person, including the owner or a member of his family, shall give refuge to or fail to refuse to deliver possession of an animal to an officer who is in pursuit of the animal seen violating any provision of this chapter. (Ord. 1182 (part), 1993: Ord. 682 § 7(B), 1969)
An officer, in hot pursuit of an animal known to be vicious, or reasonably suspected of being dangerous to persons other than wrongful trespassers upon his owner’s premises, may enter the premises of the owner and demand possession of such animal, and if, after request therefor, the owner or keeper of the animal, over sixteen years of age, shall refuse to deliver the animal to the officer and the officer cannot with reasonable safety catch the animal, he may cause it to be killed; provided, such officer shall not enter the abode of the owner without a warrant therefor. (Ord. 1182 (part), 1993: Ord. 682 § 7(C), 1969)
All animals arrested and impounded shall be given humane care and properly fed during such detention. Reasonable effort shall be exerted to segregate such animals as to size, condition and temperament so that the timid, sick, weak or injured animals will not suffer from the actions of others. (Ord. 1182 (part), 1993: Ord. 682 § 7(D), 1969)
Except in those cases in which the animal is being redeemed or returned to the owner or person having the lawful right thereto, all impounded animals shall be retained for not less than forty-eight hours, after the time of giving notice of such impounding unless the animal is sick or injured and a sooner disposal is deemed by the poundmaster to be the proper course to be taken. The poundmaster shall retain impounded animals beyond the forty-eight hour minimum requirement, if, in his opinion, the animal is of sufficient value and attraction that the continued care and expense is warranted pending the sale or disposal of such animal. (Ord. 1182 (part), 1993: Ord. 682 § 7(E), 1969)
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 animal or to permit or allow such animal to be taken beyond the limits of the city except to a veterinary hospital. It shall be the duty of the owner of the animal to immediately notify in person or by telephone the police or 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 ten 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 ten 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 insure 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 of illness or die, the owner or veterinarian shall immediately notify the police or the county health department of that condition.
Provided further, that any policeman or city official 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 police chief
shall notify the
Upon taking possession of an animal, known to have bitten or having displayed symptoms of rabies, any policeman or other authorized city employee or authorized agent shall forthwith convey such animal to the nearest veterinary hospital where such animal shall be securely chained or confined for a period of at least ten days. In case such animal is delivered to a veterinary hospital, notice of the name and location of such hospital shall be immediately furnished the police chief by the owner of such animal and upon receipt of such animal the veterinary hospital shall submit to the police chief 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 ten days of confinement and upon release of such animal, the veterinary hospital shall submit to the police chief a second certificate stating that the animal does not have rabies and has been released. The cost of maintaining such animal in the veterinary hospital shall be borne by the owner thereof, except where the owner of such animal cannot be ascertained, the city shall then pay for such observation and care. (Ord. 1182 (part), 1993: Ord. 682 § 8(B), 1969)
In all cases where any animal, which has bitten a person or caused an abrasion or puncture of the skin, is slain by any policeman or other authorized representative whether by order of the court or otherwise, and a period of ten 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 the officer slaying such animal to forthwith deliver intact the head of such animal to the county health officer. (Ord. 1182 (part), 1993: Ord. 682 § 8(C), 1969)
The annual license
fee for kennels, pet shops or veterinary hospitals shall be twenty-five
dollars; provided that no additional fee shall be assessed if the kennel, pet
shop of veterinary hospital has paid for a current city business license.
Kennels, pet shops or veterinary hospitals may keep unlicensed animals on the
premises, provided the same are securely fenced and the entrances thereto
locked. The license for a kennel, pet shop or veterinary hospital shall be subject
to revocation upon conviction of the operator therefor for violation of the
terms of this chapter or for failure to comply with the rules, regulating such
places as promulgated by the county health officer. The premises of such places
shall be subject to inspection by the health official and shall be kept free
from decaying food and shall provide separate facilities for the confinement of
rabies cases. The operator shall report for the health department any disease
among the animals existing at such places and keep the food in sanitary, rat
free containers. Such places shall provide suitable housing for the animals maintained
on the premises and be so designed and constructed as to keep the animals in
clean, dry and well-ventilated cages or pens and make provision for
reasonable exercise and feeding for the animals contained on such premises.
(Ord. 1182 (part), 1993: Ord. 682 § 9, 1969)
A. Unless otherwise specifically provided, any person violating any of the provisions of this chapter, except for violations under Sedro-Wooley Municipal Code Sections 6.08.320, 6.08.330, and 6.08.350, shall have committed a civil infraction and shall be subject to a civil penalty as follows:
1. Upon the first violation, a fine of fifty dollars;
2. Upon a second violation, a fine of one hundred dollars;
3. Upon a third violation, a fine of one hundred fifty dollars; and
4. Upon a fourth violation, a fine of one hundred fifty dollars, plus forfeiture of the animal causing the violation.
B. The provisions of Chapter 46.63 RCW for the disposition of traffic infractions apply to the disposition of all civil infractions set forth in this chapter except as follows:
1. The provisions in Chapter 46.63 RCW relating to the provision of records to the department of licensing in accordance with RCW 46.20.270 are not applicable to this chapter; or
2. The provisions in Chapter 46.63 RCW relating to the imposition of sanctions against a person’s driver’s license or vehicle license are not applicable to this chapter.
C. Any person violating any of the provisions of Sedro-Wooley Municipal Code Sections 6.08.320, 6.08.330, and 6.08.350 is guilty of a crime and shall be punished by the laws of the state and Sedro-Wooley Municipal Code Section 9.86.010.
D. In addition to any civil penalty or criminal sentence as provided by this chapter, the owner of the dog, whether licensed or not, shall be liable for actual expenses for boarding the dog, including any reasonable charges by the impounding authority, and, if necessary, for the cost of its destruction. (Ord. 1469-04 § 2, 2004)
Sections:
6.12.010 Driving, leading or riding horses and cattle.
6.12.020 Horses on specified lands, streets, roads and/or alleys.
6.12.025 Horses, cattle and mules prohibited within specified boundaries.
6.12.030 Power to restrict.
6.12.040 Maintaining offensive conditions—At large.
6.12.050 Violation a public nuisance.
6.12.060 Penalty for violation.
It is unlawful for any person, firm or corporation to drive, lead, or ride any horses or cattle within the city limits in a manner that might endanger persons or property or in a manner causing injury to persons or property, including but not limited to specific public land, city streets, roads, and/or alleys. (Ord. 828 § 1, 1976)
It is unlawful for any person, firm, or corporation to drive, lead, or ride any horse or horses upon any portion of specified public lands, streets, roads and/or alleys, other than the regularly traveled portions thereof. (Ord. 828 § 2, 1976)
It is unlawful for any person, firm or corporation to permit, allow, keep, drive, lead or ride any horses, mules or cattle upon any public lands, streets, rights-of-way, roads, alleys or sidewalks, or upon private property, without permission of the property owner, within the geographical confines of the following boundaries:
West from and including the sidewalk east of Township Street between Polte Road and Jameson Street; north from and including the sidewalks south of Jameson Street between Township and the westernmost portion of State Route 9; east from the westernmost portion of State Route 9 between Jameson Street and State Route 20; south from the northernmost portion of State Route 20 between west State Route 9 and Township Street; and west from the westernmost portion of Township Street between State Route 20 and Polte Road.
(Ord. 1029 § 2, 1986)
The city council or the police department shall have the power to designate specified public lands, streets, roads, and/or alleys where no horse, horses or cattle shall be allowed to be kept, driven, led, or ridden except as authorized by the city council or the police department. (Ord. 828 § 3, 1976)
It is unlawful for any person, firm, or corporation to maintain any stable, pen, lot, place, or premises in which any horses, cattle, hogs, sheep, goats, mink, fox, chinchilla, or any other animals, or in which any chickens, ducks, or other fowl or poultry may be confined or kept in such manner as to be nauseous, foul, or offensive to any community, neighbor, family, or person, or to allow such animals to roam at large within the city limits. (Ord. 828 § 4, 1976)
The keeping, driving, leading, or riding of animals in violation of this chapter shall constitute a public nuisance and the police court shall have the authority to enter all necessary orders to restrict or remove the animals from the city so that the nuisance shall be abated in addition to the penalties prescribed in Section 6.12.060. (Ord. 828 § 5, 1976)
Any person, firm, or corporation violating any provision of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed three hundred dollars. (Ord. 828 § 6, 1976)
Sections:
6.16.010 Definitions.
6.16.020 Potentially dangerous dogs.
6.16.030 Dangerous dogs—Certificate of registration required.
6.16.040 Prohibited acts designated—Penalties.
6.16.050 Enforcement.
6.16.060 Hearings.
6.16.070 Liability limitations.
When used in this chapter, the definitions in this section shall apply:
A. “Animal control authority” means Sedro-Woolley or its designee, acting alone or in concert with other local governmental units for the enforcement of the animal control laws of Sedro Woolley and the shelter and welfare of animals.
B. “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 cover the seizure and impoundment of any animal.
C. “Dangerous dog” means any dog that according to the records of the appropriate authority, (a) has inflicted severe injury upon a human being without provocation on public or private property, (b) has killed a domestic animal without provocation while off the owner’s property, or (c) has been previously found to be potentially dangerous, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals; provided, however, that dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a wilful 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.
D. “Owner” means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal.
E. “Potentially dangerous dog” means any dog that when unprovoked: (a) inflicts bites on human or a domestic animal either on public or on 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, to cause injury, or to cause injury to otherwise to threaten the safety of humans or domestic animals.
F. “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 have secure sides and a secure top, and shall also provide protection from the elements for the dog.
G. “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. (Ord. 1048 § 1, 1987)
A. It is unlawful for any owner of a potentially dangerous dog, who has been notified by the animal control authority that he or she is the owner of a potentially dangerous dog, to keep such dog within Sedro-Woolley unless such owner has procured a license from the animal control authority.
B. 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 subsection E of Section 16.16.010. The finding must be based upon:
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 in subsection E of Section 16.16.010; or
2. Dog bite reports filed with the animal control authority as required by this chapter or state law; or
3. Actions of the dog witnessed by any animal control officer or law enforcement officer; or
4. Other substantial evidence admissible in municipal court.
C. The declaration of potentially dangerous dog shall be in writing, shall be served on the owner in one of the following methods:
1. Certified mail to the owner or keeper’s last known address, if known; or
2. Personally; or
3. If the owner cannot be located by one of the first two methods, by publication in a newspaper of general circulation.
4. The owner of any animal found to be a potentially dangerous dog under this section shall be assessed all service costs expended under subsection C of this section.
D. The declaration shall state at least:
1. A description of the animal;
2. The name and address of the owner or keeper of the animal, if known;
3. The whereabouts of the animal 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 availability of a hearing in case the person objects to the declaration, if a request is made within five days;
6. The penalties for violation of the restrictions, including the possibility of destruction of the animal, and imprisonment or fining of the owner.
E. If the owner of the animal wishes to object to the declaration of potentially dangerous dog:
1. The owner may, within five days of receipt of the declaration, or within five days of the publication of the declaration pursuant to subsection C 3 of this section, request a hearing before the municipal court by submitting a written request to the clerk of the court.
2. If the court finds that there is insufficient evidence to support the declaration, it shall be rescinded, and the restrictions imposed thereby annulled.
3. If the court finds sufficient evidence to support the declaration, it shall impose court costs on the appellant, and may impose additional restrictions on the animal.
4. In the event the court finds that the animal is not a potentially dangerous dog, no court costs shall be assessed against Sedro-Woolley or the animal control authority or officer.
F. Following service of a declaration of potentially dangerous dog, and pending appeals under this section or to any other court with jurisdiction, the animal control authority may, if circumstances require, impound the animal at the owner’s expense, pursuant to the provisions of this chapter, until a court orders either its redemption or destruction.
G. The owner of a potentially dangerous dog shall obtain a license for such dog from the animal control authority, and shall be required to pay the fee for such license in the amount set forth herein, or as hereafter amended. In addition, the owner of a potentially dangerous dog shall pay an annual renewal fee for such license in the amount set forth herein, or as hereafter amended.
H. The license fee for each potentially dangerous dog to be licensed under this section is two hundred fifty dollars. The annual renewal fee for each potentially dangerous dog licensed under this section is fifty dollars. (Ord. 1048 § 2, 1987)
A. It is unlawful for an owner to have a dangerous dog in Sedro-Woolley without a certificate of registration issued under this section. This section shall not apply to dogs used by law enforcement officials for police work.
B. The animal control authority shall issue a certificate of registration to the owner of a dangerous dog if the owner presents to the animal control authority sufficient evidence of:
1. 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;
2. A surety bond issued by a surety insurer qualified under RCW Chapter 48.28 in a form acceptable to the animal control authority in the sum of at least fifty thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous dog, or a policy of liability insurance, such as a homeowner’s insurance policy, issued by an insurer qualified under RCW Title 48 in the amount of at least fifty thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous dog.
C. A certificate of registration as used in this section shall be obtained from the animal control authority. The owner of a dangerous dog shall obtain a certificate of registration from the animal control authority, and shall be required to pay the fee for such certificate of registration in the amount set forth herein, or as hereafter amended. In addition the owner of a dangerous dog shall pay an annual renewal fee for each dangerous dog licensed under this section in the amount set forth herein, or as hereafter amended and shall submit proof of compliance with subsection B of this section.
D. The owner of a dangerous dog shall pay a fee for the certificate of registration in the amount of five hundred dollars. The annual renewal fee for each dangerous dog licensed under this section is one hundred dollars. (Ord. 1186 § 1, 1993; Ord. 1048 § 3, 1987)
A. Any owner of a potentially dangerous dog who fails to obtain a license or renewal for such dog as described in Section 6.16.020 of this chapter shall be assessed a civil penalty in the amount of two hundred fifty dollars; provided, however, that no such civil penalty shall be assessed until five days have elapsed from the date such owner is notified by the animal control authority that such a license or renewal for such potentially dangerous dog is required, or until any appeal brought under Section 6.16.020 has been completed, whichever is later.
B. Any owner of a dangerous dog who fails to obtain a certificate of registration or renewal for such dog as set forth in Section 6.16.030 shall be assessed a civil penalty in the amount of five hundred dollars; provided, however, that no such civil penalty shall be assessed until five days have elapsed from the date such owner is notified by the animal control authority that such a license or renewal for such dangerous dog is required.
C. Any dangerous dog or potentially dangerous dog for which a license or certificate of registration (or renewal) has not been obtained by its owner, pursuant to subsections A and B of this section is subject to being impounded by the animal control authority. The owner of any potentially dangerous dog or dangerous dog so impounded shall be subject to a civil penalty in the amount of ten dollars per day for each day such dog remains impounded with the animal control authority. Any potentially dangerous dog or dangerous dog impounded due to the failure of the owner of such dog to obtain the required license or certificate of registration and which remains impounded for a period of at least twenty days due to the failure of the owner to obtain such license or certificate of registration (or renewal), may be destroyed in an expeditious and humane manner by the animal control authority. A civil penalty in the amount of ten dollars per day shall be assessed against the owner of each potentially dangerous dog or dangerous dog impounded by the animal control authority under this subsection.
D. It is unlawful for the owner of a dangerous dog to 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. Any owner who violates this provision shall be assessed a civil penalty of two hundred fifty dollars for each violation thereof.
E. Any dangerous dog shall be immediately confiscated by an animal control authority if: (a) dog is not validly registered under Section 6.16.030 of this chapter; (b) owner does not secure the liability insurance coverage required under Section 6.16.030 of this chapter; (c) dog is not maintained in a proper enclosure; (d) dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of the responsible person. In addition, the owner shall be guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021. The owner of any dog confiscated under this subsection may recover such dog from the animal control authority upon the payment of a civil fine which shall be in the amount of two hundred fifty dollars plus ten dollars per day for each day said dog has been in the control of the animal control authority; provided, however, that in the event the owner has not picked up the dangerous dog within ten days of being notified by the animal control authority that such dog is under the control of such authority, the dog shall be destroyed in an expeditious and humane manner and the owner shall be assessed an additional civil penalty in the amount of fifty dollars for the cost of destroying such dangerous dog.
F. 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’s owner is guilty of a Class C felony, punishable in accordance with RCW 9A.20.021. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner. The owner of any dangerous dog confiscated and destroyed pursuant to this subsection shall be assessed a civil penalty in the amount of ten dollars per day for each day such dangerous dog is quarantined with the animal control authority and in the amount of fifty dollars for the cost of destroying such dangerous dog.
G. The owner of any dog that 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, shall be guilty of a Class C felony punishable in accordance with RCW 9A.20.021. In addition, the dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and hereafter destroyed in an expeditious and humane manner. The owner of any dangerous dog confiscated and destroyed pursuant to this subsection shall be assessed a civil penalty in the amount of ten dollars per day for each day such dangerous dog is quarantined with the animal control authority and in the amount of fifty dollars for the cost of destroying such dangerous dog.
H. Any person entering a dog in a dog fight is guilty of a Class C felony punishable in accordance with RCW 9A.20.021. (Ord. 1048 § 4, 1987)
A. All civil penalties required to be paid by owners for violations of the provisions of this chapter shall be made to the animal control authority.
B. No potentially dangerous dog or dangerous dog confiscated by the animal control authority shall be returned to any owner until such owner has paid all civil penalties which have been assessed against such owner under Section 16.16.040 of this chapter.
C. Sedro-Woolley shall have authority to place a lien upon the real property of any owner of a dangerous dog or potentially dangerous dog against whom a civil penalty has been assessed under this chapter, who has been given notice of such civil penalty and has failed to pay such civil penalty; provided, however, that no such lien shall be placed until thirty days has elapsed from the date of any final determination of the validity of such civil penalty. (Ord. 1048 § 5, 1987)
A. Any owner against whom a civil penalty has been assessed under this chapter may contest such civil penalty by requesting a hearing in the Sedro-Woolley District Court by requesting such hearing within five days of notification of such civil penalty by the animal control authority.
B. Where an owner has requested a hearing pursuant to subsection A of this section, no potentially dangerous dog or dangerous dog which is in the possession of the animal control authority shall be destroyed until the resolution of such hearing; provided, however, that an additional civil penalty in the amount of ten dollars per day shall be assessed against any owner whose dog remains in the custody of the animal control authority during any hearings requested under this section where resolution of such hearing is that all or any part of the civil penalty against such owner is found to be properly assessed.
C. Following resolution of any contested hearing regarding a civil penalty as provided herein, the owner of any dangerous dog or potentially dangerous dog in the possession of the animal control authority shall pay all civil penalties which may have been assessed as authorized above within ten days of the final resolution of any hearing regarding such civil penalties.
D. Any dangerous dog or potentially dangerous dog which has not been picked up from the animal control authority by its owner within ten days of the final resolution of any hearing regarding any civil penalties under this section shall be destroyed in an expeditious and humane manner; provided, however, that an additional civil penalty in the amount of fifty dollars for the cost of destroying such dog shall be assessed against the owner, and may be collected as provided in Section 6.16.050. (Ord. 1048 § 6, 1987)
Sedro-Woolley, the animal control authority and any animal control officer shall be immune from any and all civil liability for any actions taken pursuant to this chapter or for any failure to take action to enforce the provisions of this chapter. It is not the purpose or intent of this chapter to create on the part of Sedro-Woolley or its agents any special duties or relationships with specific individuals. This chapter has been enacted for the welfare of the public as a whole. (Ord. 1048 § 7, 1987)