HomeMy WebLinkAboutOrdinance 25-059-CCBOARD OF COUNTY COMMISSIONERS
Grant County, Washington
ORDINANCE RELATING TO THE ORDINANCE No. 07 � - 4 SST - C(:,
AMENDMENT OF CHAPTER 9.07 OF
'THE G NT-C0UNTVCODE - -
REGARDING POTENTIALLY DANGEROUS
DOGS AND DANGEROUS DOGS
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 26, 2019; and
WHEREAS, the Board seeks to amend Chapter 9.07, Grant County Code, and its
provisions to clarify its purpose and scope, and definitions;
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 ORDNAINED THAT the Grant County
Board of Commissioners amends Chapter 9.07 of the Grant County Code as presented in
Attachment A.
H
DATED this day of kA 2025.
Yea Nay Abstain
16 M n
/ ATTtST:
Barbara J 'Vasquez; CMt
Cle&-oflhe Board
Approved as to Form:
xx
Barbara G. Duerbeck
Deputy Prosecuting Attorney
WSBA # 53946
BOARD OF COUNTY
COMMISSIONERS
GRANT COUNTY, WASHINGTON
JA
M.9Z M, - r-M raT I MIT wM a
Cindy Cart&, Vice -Chair
V'r A
Kevin Burgess, Member
ATTACHMENT A
Chapter 9.07 DANGEROUS DOG AND POTENTIALLY DANGEROUS DOG'
Sections:
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. Nothing in this chapter is or has ever been, intended to
abrogate the discretion of law enforcement in the exercise of their duties.
(Ord. No. 19-031-CC, 3-26-2019)
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.
(Ord. No. 19-031-CC, 3-26-2019)
9.07.030 Definitions.
The following definitions shall apply throughout this chapter:
"Animal control authority" ("ACA") means the Grant County Sheriffs 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.
"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 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). A dog does not need to have been previously found to be a dangerous dog to be a dangerous
dog under this definition.
"Domestic animal" means aqy animal domesticated to live and/or breed in a tame condition usually kept for
service or companionship, including but not limited to dogs, cats, chickens, sheep, pipn,s,horses, or any other animal
kept as a pet or livestock.
"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.
"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 �� � ynt�•M� �zor- athervAse to threaten the safety of humans
or domestic animals. RCW 16.08.070(1). A dog does not need to have been previously found to be a potentially
dangerous doa to be a potentially dangerous dog under this definition.
'Editor's notes) —Ord. No. 19-031-CC, adopted March 26, 2019, repealed Ch. 9.07 in its entirety and enacted new
provisions to read as herein set out. Former Ch. 9.07, §§ 9.07.010-9.07.160, pertained to potentially
dangerous dog control and dangerous dog registration, and derived from Res. No. 91-122-CC, adopted in
1991; and Ord. and Res. No. 93-63-CC, §§ 1-8, adopted in 1993.
"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 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 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.
"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.
"Severe injury" means any physical injury that results in broken bones or lacerations requiring multiple sutures
or cosmetic surgery.
"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.
(Ord. No. 19-031-CC, 3-26-2019)
9.07.040 Defense.
Dogs shall not be declared or found 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.
(Ord. No. 19-03.1-CC, 3-26-2019)
9.07.050 Declaration of dangerous dog or potentially dangerous dog Procedure.
(a) The utility deputy may 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 calendar days of receipt of the notice.
(b) Where the utility deputy issues notice as above, aAfter the discussion or the fifteen -day period, whichever
comes first, the utility deputy should 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.
(Ord. No. 19-031-CC, 3-26-2019)
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;
(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 9.07.030 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.
(Ord. No. 19-031-CC, 3-26-2019)
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. 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 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.
(Ord. No. 19-031-CC, 3-26-2019)
9.07.080 Final decision.
The final decision shall should consist of either a final declaration or a letter of no finding issued to the owner.
(a) A final declaration should sal 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;
(5) The specific provision or provisions of GCC 9.07.020 and/or 9.07.030 which 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;
(8) A statement that the declaration can be appealed to the hearing examiner pursuant to Section
9.07.100 within fourteen 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 1-1 should 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.
(Ord. No. 19-031-CC, 3-26-2019)
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.
(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.
(Ord. No. 19-031-CC, 3-26-2019)
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
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 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 I 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.
(b) Failure to file a timely and complete notice of appeal fifteen 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 shad should -be declared potentially dangerous or dangerous upon proof that the dog is as defined in
GCC 9.07.030, 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.
(1) 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.
(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.
(Ord. No. 19-031-CC, 3-26-2019)
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.
(b) A potentially dangerous dog certificate of registration shall be issued by the utility deputy to the owner of a
potentially dangerous dog when the owner of the potentially dangerous dog registers the dog if the owner
presents to the utility deputy sufficient evidence of:
(1) A proper enclosure as defined in GCC 9.07.030 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.
(Ord. No. 19-031-CC, 3-26-2019)
9.07.120 Prohibited acts.
I)_It shall be unlawful for any person to:
(a) Deep a dangerous dog within the corporate limits of Grant County;
(b) Fail to register a dog found to be a potentially dangerous dog under Chapter 16.08 RCW within thirty
calendar days of bringing the dog into the corporate limits of Grant County, or within thirty calendar
[days] 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;
(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 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.
2) The owner bears the sole responsibility of complying with this statute. The County does not have a dut r�to
ensure an owner complies with the requirements.
3) A dog is dangerous or potentially dangerous under this section if the dog meets the definition of dangerous
dog or potentially dangerous dog under GCC 9.07.030. A dog does not need to have previously been
found dangerous or potentially dangerous to violate this section. If a dog's actions meet that definition, it
is a violation of this section.
(Ord. No. 19-031-CC, 3-26-2019)
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 should 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
should hold the same until such time as the prohibited act is abated.
(B) The utility deputy shall should immediately impound any dangerous dog or potentially dangerous
dog found running at large as defined in GCC 9.07.030.
(2) Issuance of a civil infraction with a fine, exclusive of applicable state taxes:
Five hundred dollars for the first offense;
One thousand dollars for the second offense with the same animal;
Two thousand dollars 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 should 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 should shad 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.
(Ord. No. 19-031-CC, 3-26-2019; Ord. No. 19-057-CC, 7-23-2019)
9.07.140 Destruction.
Whenever the utility, deputy or designee comes into possession of a dangerous dog or potentially dangerous
dog they should shal destroy the same if the dog is not reclaimed by the owner within thirty calendar days. Under
no circumstances shall a dangerous dog be sold or given to another as a pet. `
(Ord. No. 19-031-CC, 3-26-2019)
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.
(Ord. No. 19-031-CC, 3-26-2019)
__ _9:07:160 �. s
Ord. No. 22-017-CC, § 3, adopted Feb. 1, 2022, repealed former § 9.07.160 which pertained to failure to reclaim,
and derived 60'm Ord. No. 19-L-03 1 -CC, adopted March 26, 2019.
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-4breate ing -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.
(Ord. No. 19-03 1-CC, 3-26-2.019)
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
(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.
(Ord. No. 19-03 1 -CC, 3 -26-2019)
9.07.190 Dog declared dangerous or potentially dangerous by another jurisdiction.
(a) Any person desiring to briAg 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 permitted to reside in the corporate limits of Grant County.
(b) Exc. : ept 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.
. .........
(Ord. No. 19-031-CC, 3-26-2019; Ord. No. 22-017-CC, § 4,2-1-2022)
9.07.200 Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining parts of this chapter.
(Ord. No. 19-03 1-CC, 3-26-2019)
9.07.210 Effective date.
This ordinance/resolution [from which this chapter derives] shall take effect and be in full force and effect
upon enactment.
(Ord. No. 19-031-CC, 3-26-2019)