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HomeMy WebLinkAboutOrdinance 19-031-CCBOARD OF COUNTY COMMISSIONERS Grant County, Washington ORDINANCE REPEALING AND ORDINANCE No. 19- 03/ -CC REPLACING CHAPTER 9.07 OF THE GRANT COUNTY CODE, TITLED "POTENTIALLY DANGEROUS DOG CONTROL AND DANGEROUS DOG REGISTRATION" RECITALS: WHEREAS, RCW 16.08.080 authorizes a local government to adopt or continue to use an ordinance addressing safety and welfare concerns caused by dog attacks on persons or domestic animals and placing further restrictions or additional requirements on owners of dogs that have bitten or attacked persons or domestic animals, and the development of procedures and criteria for controlling dangerous dogs; and WHEREAS, in 1991 the Grant County Board of County Commissioners ("Board") adopted Res. 91 -122 -CC to implement the County policy of minimizing exposure of citizens to the threat of potentially dangerous dogs through regulation pursuant to RCW 16.08.090, thereby implementing Chapter 9.07 of the Grant County Code titled Dangerous Dog and Potentially Dangerous Dog, the most recent amendment of which occurred March 24, 2015; and WHEREAS, the Board seeks to repeal Chapter 9.07, Grant County Code, and replace its provisions expand its purpose and scope, revise definitions, and modify civil penalties, including provisions concerning enforcement procedure, notice, penalties, and procedures for appeal; and WHEREAS the Board has reviewed the provisions concerning definitions, enforcement procedure, notice, penalties, and procedures on appeal established under Chapter 9.07 with the Sheriff, NOW THEREFORE, BE IT HEREBY ORDAINED, by the Board of County Commissioners of Grant County, State of Washington, that the current provisions and Resolution No. 91 -122 -CC of Ch. 9.07, "Potentially Dangerous Dog Control and Dangerous Dog Registration," are hereby repealed in their entirety and replaced with the following: CHAPTER 9.07 DANGEROUS DOG AND POTENTIALLY DANGEROUS DOG Sections: 9.07.010 Purpose and Title 9.07.020 Applicability 9.07.030 Definitions Chapter 9.07 Page 1 of 13 9.07.040 Defense 9.07.050 Declaration of Dangerous Dog or Potentially Dangerous Dog — Procedures 9.07.060 Notice of Potential Declaration 9.07.070 Evidence 9.07.080 Final Decision 9.07.090 Service 9.07.100 Appeal of Potentially Dangerous or Dangerous Dog Determination 9.07.110 Registration of Potentially Dangerous Dog Required 9.07.120 Prohibited Acts 9.07.130 Penalties 9.07.140 Destruction 9.07.150 Costs 9.07.160 Failure to Reclaim 9.07.170 Nuisance 9.07.180 Notification of Status of Potentially Dangerous Dog 9.07.190 Dog Declared Dangerous or Potentially Dangerous by Another Jurisdiction 9.07.200 Severability 9.07.210 Effective Date 9.07.010 Purpose and Title. It is declared to be the policy of the county to minimize exposure of citizens to the threat of dangerous and potentially dangerous dogs, and to regulate same, pursuant to RCW 16.08.090. This Chapter shall be referred to as the dangerous dog and potentially dangerous dog code. 9.07.020 Applicability. The declaration of dangerous dog or potentially dangerous dog follows the dog, regardless of ownership or change of ownership. Dogs used by law enforcement canine units and their owners are not subject to the provisions of this code when in performance of their duties. 9.07.030 Definitions. The following definitions shall apply throughout this chapter: A. "Animal control authority" ("ACA") means the Grant County Sheriff's Office or its designee, or an entity acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, county, and state, and the shelter and welfare of animals. B. "Utility Deputy" means any individual empowered, employed, contracted with, or appointed by the animal control authority or the county for the purpose of aiding in the enforcement of this ordinance 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. C. "Dangerous dog" means any dog that (a) inflicts severe injury on a human being without provocation on public or private property, (b) kills a domestic animal Chapter 9.07 Page 2 of 13 without provocation while the dog is off the owner's property, or (c) has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans. RCW 16.08.070(2). D. "Potentially dangerous dog" means 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 any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of humans or domestic animals. RCW 16.08.070(l). E. "Owner" means any person, firm, corporation, organization, or department in possession of, harboring, keeping, having an interest in, or having control or custody of a dog. F. "Proper enclosure" of a potentially dangerous dog means that while on the owner's property, a potentially dangerous dog shall either be: 1. Securely confined indoors; or 2. In a securely enclosed and locked pen or structure suitable to prevent the entry of children under the age of ten (10) years and designed to prevent the animal from escaping or being released by a child. Such pen or structure shall have secure sides and a secure top and provide protection from the elements for the dog. If such pen or structure does not have a bottom that is secured to the sides, the sides must be embedded at least one foot (1') into the ground. 3. There shall be a posting of the premises with a clearly visible warning sign that there is a potentially 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 potentially dangerous dog. The warning sign(s) must be readable from a minimum of fifty feet, or readable from any public access, street, road, or alley. G. "Running at large" means to be off the premises of the owner and not under the immediate control of the owner or other competent person authorized by the owner, by means of a leash, cord or chain, except when in or on any vehicle and securely confined to such vehicle, except that, for purposes of this definition, the "premises of the owner" shall not include common areas of a condominium complex, town houses, duplexes, and apartment buildings, and any dog not in the effective control of its owner upon the common area of a condominium complex, town house, duplex, or apartment building, or the grounds thereof, shall be deemed to be running at large. Chapter 9.07 Page 3 of 13 H. "Severe injury" means any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery. 9.07.040 Defense. Dogs shall not be declared dangerous or potentially dangerous if the threat, injury, or damage was sustained by a person who, at the time: A. Was committing a willful trespass or other tort upon the property or vehicle occupied or owned by the owner of the dog; or B. Was tormenting, abusing, or assaulting the dog; or C. Has, in the past, tormented abused, or assaulted the dog; or D. Was committing or attempting to commit a crime. 9.07.050 Declaration of Dangerous Dog or Potentially Dangerous Dog — Procedure. A. The Utility Deputy shall issue a notice of potential declaration to the owner of the dog following the guidelines of service found at GCC 9.07.090. Said notice will include an opportunity for the owner to discuss the action in writing or orally with the Utility Deputy within fifteen (15) calendar days of receipt of the notice. B. After the discussion or the fifteen (15) day period, whichever comes first, the Utility Deputy shall issue a final decision in the form of either a final declaration or a letter of no finding. C. If the dog has been impounded due to its actions, such impoundment shall continue during the pendency of the above procedure. The owner shall be responsible for the cost of impoundment regardless of the outcome of the action. D. The Hearing Examiner in an appeal pursuant to this Chapter can take note of and consider the owner's failure to discuss the action with the Utility Deputy, or failure to raise any and all defenses at the discussion with the Utility Deputy. 9.07.060 Notice of Potential Declaration. Notice in the form of a declaration given to an owner in the manner described below or in GCC 9.07.080 shall be prima facie evidence that the owner acted knowingly, although notice is not the only way to prove the owner's knowledge of the animal's propensity. Any notice of potential declaration must be in writing and include the following: A. A description of the animal; B. The name and address of the owner, if known; C. The whereabouts of the animal if it is not in the custody of the owner; Chapter 9.07 Page 4 of 13 D. A brief statement of why the dog is being considered a dangerous or potentially dangerous dog; E. The specific provision or provisions of GCC 9.07.020 and/or .030 which the ACO has found applicable; F. The restrictions that could be placed on the dog as a result of a final declaration; G. The penalties for violation of the restrictions of a final declaration, including the possibility of destruction of the dog, civil damages assessed against the owner, imprisonment and fines incurred by the owner through criminal prosecution; H. The date, time, and location to meet with the Utility Deputy to discuss the action. 9.07.070 Evidence. Based on an investigation, the Utility Deputy may find and declare a dog dangerous or potentially dangerous if s/he has a reasonable belief that the dog falls within the definitions set forth in GCC 9.07.030(3) or (5). For purposes of this chapter, a reasonable belief may be supported by any of the following: A. The written complaint of a citizen who has witnessed the animal acting in a manner which causes it to fall within the definitions in GCC 9.07.030(3) or (5) and is willing to so testify in a court of law; or B. Reports of dog bites filed with the Utility Deputy; or C. Actions of the dog witnessed by the Utility Deputy or any law enforcement officer; or D. A verified report that the animal previously has been found to be either potentially dangerous or dangerous by the Utility Deputy; or E. Other substantial evidence admissible in a court of law. 9.07.080 Final Decision. The final decision shall consist of either a final declaration or a letter of no finding issued to the owner. A. A final declaration shall contain the following: 1. A description of the animal; 2. The name and address of the owner, if known; 3. The date and time of the meeting with the owner, if any; 4. A brief statement of why the dog has been found to be a dangerous or potentially dangerous dog; Chapter 9.07 Page 5 of 13 5. The specific provision or provisions of GCC 9.07.020 and/or .030which the Utility Deputy found applicable; 6. The restrictions placed on the dog as a result of the declaration; 7. The penalties for violation of the restrictions, including the possibility of destruction of the dog, civil damages assessed against the owner, imprisonment, and fines incurred by the owner through criminal prosecution; A statement that the declaration can be appealed to the Hearing Examiner pursuant to Section 9.07. 100 within fourteen (14) calendar days of service; and 9. A statement that failure to file a timely and complete notice of appeal will constitute a waiver of all rights to appeal said declaration. B. A letter of no finding shall include: 1. A description of the animal; 2. The name and address of the owner; 3. The date and time of the meeting with the owner; 4. A brief summary of testimony and evidence presented at the meeting with the owner; and 5. A brief summary of why the animal is not being found dangerous or potentially dangerous. Narratives contained in the Spillman law enforcement data base shall be deemed sufficient summary, but are not required. 9.07.090 Service. Service of the notice of potential declaration, final declaration, or letter of no finding shall be in writing, and shall be served on the owner in one of the following methods: A. Personally delivered with proof of personal service made by written declaration under penalty of perjury by the person effecting service, declaring the time, date, and manner in which service was made; or B. Certified mail, return receipt requested or delivery confirmation requested, to the owner's last known address. C. If personal service and service by certified mail cannot be accomplished, service may be served on the owner by posting the declaration on the front door of the living unit of the owner, or person with right to control the animal if said owner is not home. Chapter 9.07 Page 6 of 13 D. If personal service, service by certified mail, and service by posting on the front door of the owner's living unit cannot be accomplished, the owner may be served by publication in a newspaper of general circulation, if the owner cannot be located by one of the above methods. 9.07.100 Appeal of a Potentially Dangerous or Dangerous Dog Determination. A. Any owner of a dog which has been declared potentially dangerous or dangerous by the Utility Deputy, pursuant to this section may appeal the notice by filing with the Grant County District Court within fifteen (15) calendar days from the date of service, a written notice of appeal. Said written notice of appeal shall conform to the rules for Washington State Courts of Limited Jurisdiction (RALJ) and must contain: 1. A caption reading: "Appeal of Potentially Dangerous Dog or Dangerous Dog Determination" giving the name of the appellant; 2. A brief statement of the finding being appealed, together with any material facts claimed to support the contentions of the appellant including but not limited to the following written information and/or documents: a. Specific basis on which the owner contests the determination of potentially dangerous or dangerous dog; b. Any breed identification or registration paperwork, certificates, pedigrees, or the like regarding the dog in question; c. Any expert testimony supporting or corroborating the owner's assertion that the dog is not a potentially dangerous or dangerous dog; d. Any certifications or other evidence establishing training courses completed by the dog and its owner, such as obedience training or canine good citizenship training. 3. A brief statement of the relief sought, and the reasons why the finding should be reversed, modified, or otherwise set aside; 4. A statement acknowledging that if the Grant County District Court judge or commissioner finds there is sufficient evidence to support the potentially dangerous or dangerous dog determination, all costs of the appeal process, including attorney's fees, shall be assessed against the owner; 5. The current address of the appellant; 6. A verification by declaration under penalty of perjury, made by the appellant as to the truth of the matters stated in the appeal, pursuant to RCW 9A.72.085. Chapter 9.07 Page 7 of 13 B. Failure to file a timely and complete notice of appeal fifteen (15) calendar days from the date of service constitutes a waiver of all rights to an appeal under this Chapter. Failure to appear for an appeal hearing shall result in a denial of the appeal and upholding of the declaration of potentially dangerous or dangerous dog. C. Upon receipt of a timely filed and completed notice of appeal, a notice of hearing shall be sent to the appellant, setting the date, time, and place of the appeal hearing D. The Grant County District Court shall set a date and time for hearing the appeal following receipt of a timely filed and complete notice of appeal. The filing of a notice of appeal shall not stay the requirements for restraint of the dog provided to the owner pursuant to this chapter. E. The appeal shall be heard before a judge or commissioner for the Grant County District Court. At the hearing, the dog shall be declared potentially dangerous or dangerous upon proof that the dog is as defined in GCC 9.07.030(3) or (5), as established by the probable cause standard required for the declaration of the Utility Deputy. The burden shall be upon the owner of the dog to prove by a preponderance of the evidence one or more of the affirmative defenses set forth in GCC 9.07.040. The affirmative defenses set forth in GCC 9.07.040 shall not apply in actions to declare the dog to be potentially dangerous. F. At the hearing, the owner of the dog found to be a potentially dangerous or dangerous dog shall be permitted to present evidence in support of the owner's position. G. At the conclusion of the hearing, the court shall issue a written decision. If the court finds there is insufficient evidence to support the potentially dangerous or dangerous dog determination, it shall be rescinded and the restrictions imposed thereby annulled. No court costs shall be assessed and any potentially dangerous or dangerous dog registration fee paid shall be refunded. The owner must still pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal, or boarding and veterinary expenses necessitated by the seizure of the dog for the protection of the public, and such other expenses as may be required for the destruction of any such dog. The court shall not authorize the release of the dog until the owner of such dog has paid all fees and expenses as set forth herein. 2. If the court finds there is sufficient evidence to support the potentially dangerous or dangerous dog determination, all costs of the appeal process, including attorney's fees, shall be assessed against the owner. Chapter 9.07 Page 8 of 13 H. The decision of the court shall be final and shall be mailed to the owner. I. All impound fees are the responsibility of the owner of the dog. No dog impound expense and fee(s) shall be assessed against Grant County or the animal control authority or officer. 9.07.110 Registration of Potentially Dangerous Dog Required. A. All potentially dangerous dogs residing within the corporate limits of Grant County must be registered to the current owner. The fee for registration of a potentially dangerous dog is a one-time fee of one hundred dollars ($100). B. A potentially dangerous dog certificate of registration shall be issued by the Utility Deputy to the owner of a potentially dangerous dog if the owner presents to the Utility Deputy sufficient evidence of: 1. A proper enclosure as defined in GCC 9.07.030(F) in which to confine the potentially dangerous dog; 2. Proof that the dog has been micro -chipped including providing the microchip serial number or proof that the dog has been tattooed, including providing the tattoo number. 3. Written acknowledgement of receipt of a copy of this chapter that includes a statement that the person acknowledging receipt has read and understood what is required to keep a potentially dangerous dog within the corporate limits of Grant County and what actions may lead to a dangerous dog declaration. 9.07.120 Prohibited Acts. It shall be unlawful for any person to: A. Keep a dangerous dog within the corporate limits of Grant County; B. Fail to register a dog found to be s potentially dangerous dog under Chapter 16.08 RCW within thirty (30) calendar days of bringing the dog into the corporate limits of Grant County, or within thirty (30) calendar after it has been declared a potentially dangerous dog; C. Fail to keep a potentially dangerous dog in a proper enclosure as defined in GCC 9.07.030(F); D. Allow a potentially dangerous dog outside of a proper enclosure, unless the dog is muzzled, restrained by a substantial chain or leash, and under the physical control of a person over the age of eighteen (18) years who is of sufficient size and statute to control the animal. 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. Chapter 9.07 Page 9 of 13 9.07.130 Penalties. A. Violations of any of the prohibited acts under GCC 9.07.120 may result in the following penalties: 1. Immediate confiscation of the dog: a. The Utility Deputy shall immediately confiscate and impound any dangerous dog found within the corporate limits of Grant County in violation of this Chapter and the Utility Deputy shall hold the same until such time as the prohibited act is abated. b. The Utility Deputy shall immediately impound any dangerous dog or potentially dangerous dog found running at large as defined in GCC 9.07.030(G). 2. Issuance of a civil infraction with a fine of: $1,000 for the first offense; $2,000 for the second offense with the same animal; $4,000 for a third or subsequent offense with the same animal. B. If a dangerous dog of an owner with a prior conviction under this chapter or Chapter 16.08 RCW attacks or bites a person or another domestic animal, the dangerous dog shall be immediately confiscated by the Utility Deputy, placed with the animal control authority to be held in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner C. The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether the dog has previously been declared potentially dangerous, shall be guilty of a Class C felony, punishable in accordance with RCW 9A.20.021. In addition, the dangerous dog shall be immediately confiscated by the Utility Deputy, placed with the animal control authority to be held in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner. D. Any person violating this Chapter shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal or boarding and veterinary expenses necessitated by the seizure of the dog for the protection of the public, and such other expenses as may be required for the destruction of any such dog. The court shall not authorize the release of a potentially dangerous dog until the owner of such dog has paid all fees and expenses as set forth herein Chapter 9.07 Page 10 of 13 9.07.140 Destruction. Whenever the Utility Deputy or designee comes into possession of a dangerous dog or potentially dangerous dog they shall destroy the same if the dog is not reclaimed by the owner within thirty (30) calendar days. Under no circumstances shall a dangerous dog be sold or given to another as a pet. 9.07.150 Costs. A. The owner of any dog found to be a potentially dangerous dog or dangerous dog under this chapter shall be assessed all actual service costs expended under GCC 9.07.090. B. The owner of any dog found to be a potentially dangerous dog or dangerous dog under this chapter shall be assessed all costs of confinement for any dog impounded pursuant to a violation of GCC 9.07.120. C. The owner of any dog found to be a potentially dangerous dog or dangerous dog under this chapter shall be assessed all costs of destruction expended for any dog impounded and not reclaimed under GCC Chapter 9.07. 9.07.160 Failure to Reclaim. Whenever a dog is seized and impounded under this chapter, the failure to either reclaim the dog or to give a written surrender of the dog to the Utility Deputy or designee within thirty (30) calendar days of the date of impound shall result in the owner being prohibited from registering any new dogs in the corporate limits of Grant County for a period of one year from the date of failure to either reclaim the dog or to give written surrender of the dog. This prohibition shall not apply to the renewal of any existing dog license. 9.07.170 Nuisance. The harboring, keeping, and maintaining of a potentially dangerous dog or dangerous dog contrary to this chapter is a public nuisance and is subject to abatement by judicial procedure or by a summary abatement in an emergency or life- threatening situation. If summary removal of a dog occurs, the dog shall not be destroyed before a hearing can be held concerning the removal and destruction unless public health and safety requires otherwise. 9.07.180 Notification of Status of Potentially Dangerous Dog. The owner of a dog that has been classified as a potentially dangerous dog shall immediately notify the animal control authority when such dog: A. Is loose or unconfined; B. Has bitten or otherwise injured a human being or attacked another animal; C. Is sold or given away, or dies; D. Is moved to another address; or Chapter 9.07 Page 11 of 13 E. Is removed from the corporate limits of Grant County. Prior to a potentially dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control authority. The new owner shall comply with all of the requirements of this Chapter. 9.07.190 Dog Declared Dangerous or Potentially Dangerous by Another Jurisdiction. A. Any person desiring to bring a dog to live in the corporate limits of Grant County which has been previously declared to be potentially dangerous, dangerous, vicious, or similar designation in another jurisdiction, under the provisions of chapter 16.08 RCW or comparable local ordinance, must notify the animal control authority prior to moving the dog to the corporate limits of Grant County. The person must provide all information requested by the Utility Deputy or designee and must comply with all restrictions imposed by the Utility Deputy or designee. There is no right to bring into the corporate limits of Grant County a dog that has been the subject of a declaration or similar process in another jurisdiction, and the animal control authority will determine whether such a dog will be licensed and permitted to reside in the corporate limits of Grant County. B. Except to the extent inconsistent with this Section, an appeal from the decision of the animal control authority under this Section may be appealed in the manner set forth in GCC 9.07.100. At the hearing, the presumption shall be that the previous jurisdiction's determination is correct, and the burden shall be upon the appellant to demonstrate the invalidity of the prior declaration or similar process. 9.07.200 - Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. Chapter 9.07 Page 12 of 13 9.07.210 - Effective Date: This ordinance/resolution shall take effect and be in full force and effect upon enactment. A public hearing was held on the above ordinance at i o'clock, on the,?,LWday of AIW 2019. PASSED AND ADOPTED this /L day of, 2019. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Yea Nay Abstain Y� ❑ ❑ AYLO R Chapter 9.07 CINDY RICHARD STEVENS, MEMBER Page 13 of 13