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Chapter 10.03
Offenses Involving AnimalsSections:
10.03.010 Definitions.
10.03.020 Dangerous Dog Declaration and Registration.
10.03.030 Dangerous Dog At Large.
10.03.033 Potentially Dangerous Dog Declaration.
10.03.035 Potentially Dangerous Dog at Large.
10.03.040 Dangerous Dog – Excuse.
10.03.050 Dangerous Dog – Confiscation.
10.03.060 Barking Dog.
10.03.065 Failure to Comply – Gross Misdemeanor.
10.03.070 Animal Cruelty.
10.03.075 Dog Guides and Service Animals.
10.03.080 Diseased Animals.
10.03.085 Old or Diseased Animals at Large.
10.03.090 Pet Animals – Taking, Concealing, Injuring, Killing, etc. – Penalty.
10.03.100 Offenses Relating to Safety and Sanitation.
10.03.110 Animals Prohibited in Riverfront Park and City Streets Authorized to be Used for a Special Event.
10.03.010 Definitions.
The following definitions apply to this chapter unless the context indicates otherwise:
A. “Animal control authority” means a person or entity authorized by statute or contract to enforce the animal control laws of the City.
B. “Animal control officer” means:
1. 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 relating to the licensure, control, or seizure and impoundment of animals,
2. any state or local law enforcement officer, or
3. any other official whose duties in whole or in part include the seizure and impoundment of any animal.
C. “At large” means a dog which is physically off the premises of the owner of the dog or outside of the proper enclosure and which is not under the appropriate physical restraint of a responsible person as required by SMC 10.03.030 or 10.03.035.
D. “Dangerous dog” means any dog that:
1. has inflicted severe injury on a human being without provocation on public or private property,
2. has killed a domestic animal without provocation while off its owner’s property,
3. has inflicted multiple bites to a single human being or individual bites to more then one human being or more than one domestic animal within a twenty-four hour period without provocation on public or private property,
4. has been declared a potentially dangerous dog, the owner having received notice of such finding, and again commits an act proscribed by subsection (G) of this section, or
5. has been declared a dangerous dog as provided in SMC 10.03.020.
E. “Dog” means any domestic dog (member of the canis lupus familiaris family) or wolf hybrid which is a cross between a wolf and a domestic dog.
F. “Owner” means any person possessing, harboring, keeping, having an interest in, or having control or custody of an animal.
G. “Potentially dangerous dog” means:
1. any dog that when unprovoked:
a. inflicts bites on a human or a domestic animal 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
2. any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or otherwise to threaten the safety of humans or domestic animals.
H. “Proper enclosure” of a dangerous dog means:
1. that while on the owner’s property a dangerous dog is securely confined indoors or in a securely enclosed and locked pen or structure;
2. a pen or structure with secure sides, top, and bottom, providing protection from the elements, suitable to prevent the entry of young children and designed to prevent escape of the animal.
I. “Severe injury” means any physical injury that results in broken bones, disfigurement, or lacerations requiring multiple sutures or cosmetic surgery.
[Ord. C32715; Passed: 9/25/2000]
10.03.020 Dangerous Dog Declaration and Registration.
A. When an animal control officer has probable cause based upon his or her records or investigation of a incident to believe that a dog is a dangerous dog, the officer declares the dog to be a dangerous dog by the issuance of a dangerous dog declaration.
B. Upon issuance of the dangerous dog declaration, the animal control officer immediately confiscates the dog and places the dog in the animal control authority’s shelter pending final disposition.
C. If the animal is licensed, the animal control officer serves the owner of the dog with notice of the dangerous dog declaration either in person or by regular and certified mail, return receipt requested, to the address listed on the animal license within seven days of the declaration being made. Service, if by mail, shall be considered completed three days after mailing of the notice. The notice shall state:
1. the basis for the dangerous dog declaration,
2. the reason(s) the animal control authority considers the dog to be dangerous,
3. a statement that the dog is subject to registration and controls required by this chapter, and
4. an explanation of the owner’s rights and the proper procedure to appeal the declaration.
D. No owner may keep a dangerous dog, except a dog currently used by law enforcement officers for police work, without a certificate of registration issued under this chapter. The certificate of registration must be acquired within fourteen days of service of the dangerous dog notice unless the owner has appealed the dangerous dog declaration pursuant to subsection (F) of this section.
E. The animal control authority of the City issues a certificate of registration to the owner of a dangerous dog, upon payment of the fee set forth in SMC 8.02.081, if the owner presents to the authority sufficient evidence of:
1. a proper enclosure to confine a dangerous dog; and
2. the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property, and the conspicuous display of a sign with a warning symbol that informs children of the presence of a dangerous dog; and
a. 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, payable to any person injured by the dangerous dog, or
b. 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 one hundred thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous dog; and
3. a permanent identification on the dog including microchip identification, a tattoo or other methods of identification acceptable to the animal control authority; and
4. additional conditions determined by the animal control authority to be necessary to protect the public health, safety and welfare.
F. Appeal of Dangerous Dog Declaration. A dangerous dog declaration by the animal control authority may be appealed to the City’s hearing examiner. An appeal must be filed with the hearing examiner’s office within fourteen days of service of the dangerous dog notice. An appeal does not proceed until the owner has complied with the requirements of SMC 10.03.050. The hearing examiner either:
1. affirms the decision of the animal control authority in issuing the dangerous dog declaration;
2. dismisses the declaration; or
3. reduces a dangerous dog declaration to a potentially dangerous dog declaration based upon the evidence presented during the appeal. The hearing examiner’s decision may be appealed to the Spokane County superior court within fourteen days from the date the decision is issued.
G. If an owner fails to register the dog as a dangerous dog within fourteen days of service of the animal control authority’s notice, or of the hearing examiner’s decision affirming the animal control authority’s determination, and no restraining order has been served upon the animal control authority, the dog shall be euthanized.
[Ord. C32426; Passed: 6/14/1999]
10.03.030 Dangerous Dog At Large.
A. No owner may permit a dangerous dog to be outside the proper enclosure unless the dog is:
1. properly muzzled,
2. restrained by a substantial chain or leash eight feet or less in length, and
3. under the physical restraint of a person physically able to restrain the dog.
B. To be properly muzzled, the dog must be wearing a muzzle which prevents it from biting any person or animal but which is made in a manner that does not cause injury to the dog or interfere with its vision or respiration.
[Ord. C32426 § 4; Passed: 6/14/1999]
10.03.033 Potentially Dangerous Dog Declaration.
A. When an animal control officer has probable cause based upon his or her records or investigation of a incident to believe that a dog is a potentially dangerous dog, the officer declares the dog a potentially dangerous dog by the issuance of a potentially dangerous dog declaration.
B. If the animal is licensed, the animal control authority serves the owner of the dog with notice of the potentially dangerous dog declaration, either in person or by regular and certified mail, return receipt requested, to the address listed on the animal license within seven days of the declaration being made. Service, if by mail, shall be considered completed three days after mailing of the notice. The notice shall state:
1. the basis for the potentially dangerous dog declaration,
2. the reason(s) the animal control authority considers the dog potentially dangerous,
3. a statement that the dog is subject to controls required by this chapter,
4. an explanation that if there is future similar problems with the dog, the dog could be declared a dangerous dog, and
5. an explanation of the owner’s rights and proper procedure to appeal the declaration.
C. The notice of a potentially dangerous dog declaration constitutes a final determination that the dog constitutes a potentially dangerous dog, unless the owner request a hearing within fourteen days of service of the notice.
D. In the event the owner requests a hearing, a hearing is held within thirty days of the request. The animal control authority notifies the owner of the date, time and place of the hearing, as well as the right to present evidence as to why the dog should not be found potentially dangerous. The hearing is conducted by the director of the animal control authority or his or her designee as the hearing officer. The hearing officer shall be someone who did not participate in making the potentially dangerous dog determination.
E. The hearing officer notifies, in writing, the owner of his or her decision within fourteen days of the hearing. The decision of the hearing officer is final unless appealed to the Spokane County superior court within fourteen days.
[Ord. C32426 § 5; Passed: 6/14/1999]
10.03.035 Potentially Dangerous Dog at Large.
A. No owner may cause or permit a potentially dangerous dog to be or run at large within the city or to roam or stray from the building or enclosure where harbored unless:
1. restrained by a sufficient collar, harness, or halter, and on a leash eight feet or less in length and in the control of a person physically able to restrain the dog; or
2. confined safely within a vehicle.
B. No person may release, or allow the escape from confinement or the control of another, any potentially dangerous dog.
[Ord. C29766; Passed: 7/16/1990]
10.03.040 Dangerous Dog – Excuse.
A dog is not declared dangerous if the threat, injury, or damage was sustained by a person who:
A. at the time:
1. was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or
2. was tormenting, abusing, or assaulting the dog, or
B. in the past has been observed or reported to have been:
1. tormenting, abusing, or assaulting the dog, or
2. committing or attempting to commit a crime.
[Ord. C28856; Passed: 9/8/1987]
10.03.050 Dangerous Dog – Confiscation.
A. An animal control officer immediately confiscates a dangerous dog if:
1. It is not validly registered under SMC 10.03.020; or
2. It is not maintained in the proper enclosure; or
3. Its owner does not have the surety bond or liability insurance required by SMC 10.03.020; or
4. It is outside the dwelling of its owner, or outside the proper enclosure, and not under the appropriate physical restraint of a responsible person pursuant to SMC 10.03.030; or
5. It, after being declared and registered as a dangerous dog, engages in subsequent conduct that would constitute a potentially dangerous dog or dangerous dog as prescribed in SMC 10.03.010.
B. If a dangerous dog has been confiscated because it is in violation of subsection (A)(4) or (A)(5) of this section, the animal control authority quarantines the dog for the appropriate length of time and thereafter causes the dog to be destroyed in an expeditious and humane manner unless the owner files an appeal pursuant to subsection (D) of this section. If the animal is licensed, the animal control officer serves the owner of the dog with notice that the dog has been confiscated, either in person or by regular and certified mail, return receipt requested, to the address listed on the animal license, within seven days of the confiscation. Service, if by mail, shall be considered completed three days after mailing of the notice. The notice shall state:
1. the reason(s) for the confiscation,
2. a statement that the dog will be quarantined for the appropriate length of time and thereafter euthanized in an expeditious and humane manner, and
3. an explanation of the owner’s rights and proper procedure to appeal the confiscation and pending euthanasia.
C. If a dangerous dog is confiscated because it is in violation of subsection (A)(1), (A)(2) or (A)(3) of this section, and if the animal is licensed, the animal control authority serves the owner of the dog with notice that the dog has been confiscated, either in person or by regular and certified mail, return receipt requested, to the address listed on the animal license within seven days of the confiscation. Service, if by mail, shall be considered completed three days after mailing of the notice. The notice shall state:
1. the reason(s) for the confiscation,
2. that the owner is responsible for payment of the costs of confinement and control prior to the dog being released,
3. that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within fourteen days, and
4. an explanation of the owner’s rights and proper procedure to appeal the confiscation and pending euthanasia.
D. Appeal of Dangerous Dog Confiscation and/or Pending Euthanasia. The owner of a dangerous dog may appeal the confiscation and/or pending euthanasia of his or her dog to the City’s hearing examiner. An appeal must be filed with the hearing examiner’s office within fourteen days of service of notice that the dog has been confiscated. If the confiscation is for violations of subsection (A)(4) or (A)(5) of this section, the sole issue to be appealed to the hearing examiner is whether the dog was in violation of subsection (A)(4) or (A)(5) of this section. It shall not be relevant to the appeal whether the owner has been charged and/or convicted pursuant to RCW 16.08.100(2) or (3). An appeal does not proceed until the owner has complied with the requirements of subsection (F) of this section. The hearing examiner’s decision may be appealed to the Spokane County superior court within fourteen days from the date the decision is issued.
E. If a dangerous dog is at large in violation of SMC 10.03.030, in addition to confiscation of the dog as provided in subsection (A) of this section, the owner is guilty of a gross misdemeanor and punishable as provided in RCW 9A.20.021.
F. When a dangerous dog is placed in a shelter facility either because it has been declared a dangerous dog pursuant to SMC 10.03.020 or because it was confiscated pursuant to this section, its owner has the responsibility to contact the shelter facility within fourteen days of receipt of the dangerous dog notice or notice of confiscation, to make payment of the boarding fee provided in SMC 8.02.080(B)(5), regardless of the owner’s decision to pursue an appeal. Payments of boarding fees must be made in advance, in fourteen-day increments, and must continue for the entire time the dog is placed in the shelter facility regardless of the owner’s decision to appeal to the hearing examiner or to the superior court. A certificate of registration is not issued, a dog is not released, and an appeal is not heard until the owner has paid the full boarding fee owing to the shelter facility. The boarding fee is not refundable regardless of the outcome of an appeal. The shelter facility may euthanize a dog if its owner fails to pay the full board fee within fourteen days of receiving notice of the determination by the animal control authority, regardless of the owner’s decision to appeal under SMC 10.03.020(F), or if the owner fails to maintain payment of the boarding fee.
[Ord. C32426 § 6; Passed: 6/14/1999]
10.03.060 Barking Dog.
A. No person may allow an animal to unreasonably disturb persons by habitually barking, howling, yelping, whining, or making other oral noises.
B. A violation of this section is established if the person disturbed is either an animal control officer or an individual residing within three hundred feet (exclusive of public right-of-way) of the place where the animal is harbored.
C. A violation of this section is a class 1 civil infraction.
[Ord. C32617 § 4; Passed: 5/1/2000]
10.03.065 Failure to Comply – Gross Misdemeanor.
A person must comply with the instructions of an animal control officer or of a police officer in the enforcement of this chapter. No person may interfere with the duties of an animal control officer or of a police officer in the enforcement of this chapter. Violation of this section is a gross misdemeanor.
[Ord. C32426; Passed: 6/14/1999]
10.03.070 Animal Cruelty.
A. A person is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty, the person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon an animal.
B. An owner of an animal is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty, the owner knowingly, recklessly, or with criminal negligence:
1. fails to provide the animal with necessary food, water, shelter, rest, sanitation, ventilation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure; or
2. abandons the animal.
C. Animal cruelty in the second degree is a misdemeanor.
D. In any prosecution of animal cruelty in the second degree, it shall be an affirmative defense, if established by the defendant by a preponderance of the evidence, that the defendant’s failure was due to economic distress beyond the defendant’s control. (RCW 16.52.207)
[Ord. C32021 § 6; Passed: 11/10/1997]
10.03.075 Dog Guides and Service Animals.
A. Interference with Use.
1. Any person who has received notice that his or her behavior is interfering with the use of a dog guide or service animal who continues with reckless disregard to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or his or her dog guide or service animal is guilty of a misdemeanor punishable according to RCW chapter 9A.20, except that for a second or subsequent offense it is a gross misdemeanor.
2. Any person who, with reckless disregard, allows his or her dog to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or his or her dog guide or service animal is guilty of a misdemeanor punishable according to RCW chapter 9A.20, except that for a second or subsequent offense it is a gross misdemeanor.
B. Causing Injury or Death.
1. Any person who, with reckless disregard, injures, disables, or causes the death of a dog guide or service animal is guilty of a gross misdemeanor punishable according to RCW chapter 9A.20.
2. Any person who, with reckless disregard, allows his or her dog to injure, disable, or cause the death of a dog guide or service animal is guilty of a gross misdemeanor punishable according to RCW chapter 9A.20.
C. Any person who intentionally injures, disables, or causes the death of a dog guide or service animal is guilty of a class C felony.
D. Any person who wrongfully obtains or exerts unauthorized control over a dog guide or service animal with the intent to deprive the dog guide or service animal user of his or her dog guide or service animal is guilty of theft in the first degree, RCW 9A.56.030.
E. Restitution for Damages.
1. In any case in which the defendant is convicted of a violation of this section, he or she shall also be ordered to make full restitution for all damages, including incidental and consequential expenses incurred by the dog guide or service animal user and the dog guide or service animal which arise out of or are related to the criminal offense.
2. Restitution for a conviction under this section shall include, but is not limited to:
a. The value of the replacement of an incapacitated or deceased dog guide or service animal, the training of a replacement dog guide or service animal, or retraining of the affected dog guide or service animal and all related veterinary and care expenses; and
b. Medical expenses of the dog guide or service animal user, training of the dog guide or service animal user, and compensation for wages or earned income lost by the dog guide or service animal user.
F. Nothing in this section shall affect any civil remedies available for violation of this section.
G. For purposes of this section, the following definitions apply:
1. “Dog guide” means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing impaired persons.
2. “Service animal” means an animal that is trained for the purposes of assisting or accommodating a disabled person’s sensory, mental, or physical disability.
3. “Notice” means a verbal or otherwise communicated warning prescribing the behavior of another person and a request that the person stop their behavior.
4. “Value” means the value to the dog guide or service animal user and does not refer to cost or fair market value.
[Ord. C32924 § 1; Passed: 10/22/2001]
10.03.080 Diseased Animals.
Every owner or person having charge thereof, who shall import or drive into this state, or who shall turn out or suffer to run at large upon any highway or unenclosed lands, or upon any lands adjoining the enclosed lands kept by any person for pasture; or who shall keep or allow to be kept in any barn with other animals, or water or allow to be watered at any public drinking fountain or watering place, any animal having any contagious or infectious disease; or who shall sell, let or dispose of any such animal knowing it to be so diseased, without first apprising the purchaser or person taking it of the existence of such disease, shall be guilty of a misdemeanor. (RCW 9.08.020)
[Ord. C32021 § 7; Passed: 11/10/1997]
10.03.085 Old or Diseased Animals at Large.
Every owner, driver, or possessor of any old, maimed or diseased horse, cow, mule, or other domestic animal, who shall permit the same to go loose in any lane, street, square, or lot or place of any city or township, without proper care and attention, for more than three hours after knowledge thereof, shall be guilty of a misdemeanor; provided, that this shall not apply to any such owner keeping any old or diseased animal belonging to him on his own premises with proper care. Every sick, disabled, infirm or crippled horse, ox, mule, cow or other domestic animal, which shall be abandoned on the public highway, or in any open or enclosed space in any city or township, may, if, after search by a peace officer or officer of such society no owner can be found therefor, be killed by such officer; and it shall be the duty of all peace and public officers to cause the same to be killed on information of such abandonment. (RCW 16.52.110)
[Ord. C32021; Passed: 11/10/1997]
10.03.090 Pet Animals – Taking, Concealing, Injuring, Killing, etc. – Penalty.
A. Any person who, with intent to deprive or defraud the owner thereof, does any of the following shall be guilty of a gross misdemeanor and shall be punished as prescribed under RCW 9A.20.021(2) and by a mandatory fine of not less than five hundred dollars per pet animal except as provided by subsection (A)(4) of this section:
1. takes, leads away, confines, secretes or converts any pet animal, except in cases in which the value of the pet animal exceeds two hundred fifty dollars;
2. conceals the identity of any pet animal or its owner by obscuring, altering, or removing from the pet animal any collar, tag, license, tattoo, or other identifying device or mark;
3. willfully or recklessly kills or injures any pet animal, unless excused by law.
4. Nothing in this subsection (A) or subsection (B) of this section shall prohibit a person from also being convicted of separate offenses under RCW 9A.56.030, 9A.56.040, or 9A.56.050, or the equivalent provisions of this title, for theft or under RCW 9A.56.150, 9A.56.160, or 9A.56.170, or the equivalent provisions of this title, for possession of stolen property.
B.
1. It is unlawful for any person to receive with intent to sell to a research institution in the State of Washington, or sell or otherwise directly transfer to a research institution in the State of Washington, a pet animal that the person knows or has reason to know has been stolen or fraudulently obtained. This subsection does not apply to USDA licensed dealers.
2. The first conviction under subsection (B)(1) of this section is a gross misdemeanor and is punishable as prescribed under RCW 9A.20.021(2) and by a mandatory fine of not less than five hundred dollars per pet animal. A second or subsequent conviction under subsection (B)(1) of this section is a class C felony and is punishable as prescribed under RCW 9A.20.021(1), and by a mandatory fine of not less than one thousand dollars per pet animal.
C. Reserved.
D. Reserved.
E. The sale, receipt, or transfer of each individual pet animal in violation of subsections (A) and (B) of this section constitutes a separate offense.
F. The provisions of subsections (A) and (B) of this section shall not apply to the lawful acts of any employee, agent, or director of any humane society, animal control agency, or animal shelter operated by or on behalf of any government agency, operating under law. (RCW 9.08.070)
[Ord. C32021 § 9; Passed: 11/10/1997]
10.03.100 Offenses Relating to Safety and Sanitation.
A. It is unlawful for an owner to:
1. fail to remove the fecal matter deposited by his/her animal on developed public property or developed private property of another before the owner leaves the immediate area where the fecal matter was deposited;
2. fail to have in his/her possession the equipment necessary to remove his/her animal’s fecal matter when accompanied by said animal on developed public property or developed public easement.
B. Owner of duly licensed guide dogs shall be exempted from this section.
C. For the purposes of this section, the term “developed property” shall mean property areas that have been landscaped, paved, made into sidewalks, made into lawns, swales, play or sports areas, and property similarly developed.
D. For purposes of this section, the term “owner” shall be the actual owner of the animal or any other person by whom the animal was brought to the property.
E. A violation of this section is a class 4 civil infraction.
[Ord. C32617 § 1; Passed: 5/1/2000]
10.03.110 Animals Prohibited in Riverfront Park and City Streets Authorized to be Used for a Special Event.
A. The director of the department of parks and recreation and/or the chief of police for the Spokane police department, in approving a special event for Riverfront Park and/or city streets used for special events, may authorize the sponsor of the event to ban animals from the event area during the event when it is determined that the presence of animals would create undue risk to the health or safety of persons or animals attending the event.
B. Whenever animals have been banned from Riverfront Park and/or event area, which may include designated city streets, no person having custody of an animal may cause or allow the animal to be in the park or designated event area. This section does not apply to:
1. guide or service animals, or
2. animals being used by a public officer in the performance of official duties.
C. The authority of this section will be exercised for:
1. St. Patrick’s Day Parade,
2. Bloomsday,
3. Hoopfest,
4. Jr. Lilac Parade,
5. Lilac Festival Armed Forces Day Parade,
6. Fourth of July Celebration,
7. Royal Fireworks Festival,
8. Spokane American Music Festival,
9. Kids’ Day,
10. Spokane Falls Northwest Indian Encampment and Pow Wow,
11. Pig Out in the Park,
12. Any similar future event, which present a similar threat to health and safety.
D. The designated area for prohibiting animals in the central business district area during special events shall be defined as: Boone Street (north), Brown Street (east), Second Avenue (south) and Monroe Street (west).
[Ord. C33233 § 1; Passed: 5/27/2003]
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