Public Notices: Dangerous dog ordinance, part one

NOTICE OF PUBLIC HEARING

ON DANGEROUS DOG ORDINANCE

PLEASE TAKE NOTICE that the Board of County Commissioners for San Juan County will conduct a public hearing to consider public comments to Ordinance on the classification and regulation of Dangerous Dogs and Potentially Dangerous Dogs.

The hearing will be held at the Board of County Commissioners’ Hearing Room, 350 Court Street, Second Floor, Friday Harbor, Washington on Tuesday October 14, 2003 at 9:15 a.m. The public is invited to attend and submit verbal or written statements to the Board of County Commissioners.

After considering the public comment, the Board will deliberate and may propose changes to the Ordinance and then take action to adopt Ordinance.

Please send any written statements to: Board of County Commissioners, 350 Court Street, #1, Friday Harbor, WA 98250. For questions, please contact Lil Hamel, Clerk of the Board at (360) 378-2898.

The complete text of the Ordinance is as follows:

ORDINANCE NO. ________-2003

AN ORDINANCE PROVIDING FOR THE CLASSIFICATION AND REGULATION OF DANGEROUS DOGS AND POTENTIALLY DANGEROUS DOGS; AMENDING SAN JUAN COUNTY CODE SECTIONS 6.08.010 THROUGH 6.08.120 AND PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF

WHEREAS, the Legislature of the state of Washington has, by the adoption of RCW Chapter 16.08, as amended, provided rules and restrictions limiting and providing guidance for the adoption and implementation of local ordinances relating to dangerous dogs and potentially dangerous dogs; and

WHEREAS, recently, there have been reported incidents of attacks by dogs on persons and animals; and

WHEREAS, the Board of County Commissioners find that it is in the best interest for the health, safety and public welfare of its citizens to amend the San Juan County Code to protect the citizens of San Juan County by establishing procedures for the keeping and regulation of potentially dangerous dogs, and to provide penalties for the violation of such laws.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS FOR SAN JUAN COUNTY AS FOLLOWS:

Section 1. San Juan County Code Section 6.08.010 and Ordinance 14-1994 and Res. 163-1985 are hereby amended to read as follows:

6.08.010 Provisions and purpose.

The provisions of this chapter, are adopted pursuant to Chapter 16.10 RCW, as an alternative to Chapter 36.49 RCW, and as a complement to Chapters 16.08 RCW 16.04 RCW, and 16.36 RCW. The purpose of this chapter is to provide regulations and specific controls within the unincorporated areas of San Juan County to control animal conduct and establish penalties of the owner or keeper of such animal for the violation thereof. Nothing in this chapter shall be intended nor construed to create any liability on the part of the county, its officers, employees, agents or contractors. This chapter has been enacted for the health safety and welfare of the public as a whole.

Section 2. A new section shall be added to the San Juan County Code to read as follows:

Definitions.

In construing the provisions of this chapter, except where otherwise plainly declared or clearly apparent from the context, words used herein shall be given their common and ordinary meaning. In addition, the following definitions shall apply:

"Allow" means to permit including by failing or neglecting to restrain or prevent.

"Animal control authority" means the San Juan County Sheriff, acting alone or in concert with other local governmental units or with humane societies for enforcement of the animal control laws of the city, county, and state.

"Animal control officer" means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.

"At large" means off the premises of the owner and not under the immediate control of the owner, member of his/her immediate family or person authorized by him, by means of voice control or a leash, cord or chain no longer than fifteen (15) feet .

"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 off the owner's property, (c) has been previously found to be potentially dangerous by the animal control authority because of injury inflicted on a human, the owner having received notice of such, and the dog again aggressively bites, attacks or endangers the safety of humans.

"Dog" means all members of the dog family, including wolf breeds.

"Domestic animal" means any animal that is bred and kept for the use by humans, including farm animals and fowl.

"Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal.

"Person" means any person, firm, corporation or association.

"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 or private property not belonging to the dog owner 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.

"Poultry" means domestic fowl, chickens, turkeys, ducks and geese, normally raised for meat or eggs.

"Secure enclosure” means, while on the owner's property, a dangerous dog shall be securely confined indoors, or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.

"Provocation" means taunting or striking at a dog or unauthorized entry onto the premises where a dog is kept.

"Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

"Unconfined" means that the dog is not securely confined indoors or confined in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping.

Section 3. San Juan County Code Section 6.08.020 and Ordinance 14-1994 and Resolution 163-1985 shall be amended to read as follows:

6.08.020 Dog control zones — Posting.

A. All unincorporated portions of San Juan County are hereby established as dog control zones.

Section 4. San Juan County Code Section 6.08.030 and Ordinance 14-1994 and Res. 163-1985 are hereby amended to read as follows:

6.08.030 Annual dog license required.

It is unlawful to own, keep or maintain any dog over the age of three months in a dog control zone without obtaining an annual County license and keeping that license conspicuously attached to the dog. A current out-of-county license shall be honored for 30 days.

Section 5. San Juan County Code Section 6.08.040 and Ordinance 14-1994 and Res. 163-1985 are hereby amended to read as follows:

6.08.040 Licenses — Procedures and fees.

The County Auditor or his designee shall issue licenses under the procedures set forth in this chapter. The County auditor may enter into contracts with other profit and non-profit organizations to issue licenses.

Section 6. San Juan County Code Section 6.08.050 and Ordinance 14-1994 and Res. 163-1985 are hereby amended to read as follows:

6.08.050 Licenses — Tags.

The licenses shall be metal or plastic tags of a standard size and color determined by the auditor, so as to equip each licensed dog with as conspicuous a tag as is practical, given the size of the dog being licensed. Each tag shall bear a number, the year and the legend "San Juan County Dog License", and no tag shall be given the number assigned to another tag. License tags shall not be transferred from one dog to another.

Section 7. San Juan County Code Section 6.08.060 and Ordinance 14-1994 and Res. 163-1985 are hereby amended to read as follows:

6.08.060 License — Copy.

A copy of the license containing the name, address and telephone number of the dog's owner shall be available for inspection by members of the public. On change of ownership of a licensed dog, the new owner shall promptly report the transfer to the County Auditor.

Section 8. San Juan County Code Section 6.08.070 and Ordinance 14-1994, Ordinance 66-1991 and Res. 163-1985 are hereby amended to read as follows:

6.08.070 License — Fees.

A. License fees shall be valid for one calendar year; however, a license purchased between November 15th and December 31st shall be valid from the date of purchase through the following calendar year.

B. License fees are as follows:

— Neutered $12.00 annually

— Unneutered $25.00 annually

— Late fee of $10.00 shall be added to the license fee if the owner of the dog is a county resident and has not purchased the license by March 31st. New resident owners have 30 days to purchase the license. A replacement tag is available for a $2.00 fee.

C. License fees shall be transferred to the San Juan County Dog License Fund # to be disbursed as follows:

1. Two dollars of each license fee shall be paid to the person who sold the license, provided such person is authorized by the County auditor to issue licenses, including animal protection societies who issue dog licenses pursuant to agreement with the County Auditor.

2. Four dollars of each license fee shall be deposited in the Livestock Fund for payment of compensation for injury to persons or as compensation to the owners of livestock killed or injured by dogs, in accordance with provisions of SJCC 6.08.110. The auditor shall prepare a report on the activity and balance of the Livestock Fund on an annual basis.

3. The balance of all fees collected shall be deposited to the Animal Control Fund to be used by the County for the purpose of developing and supporting animal control and animal impounding facilities and to support the costs of enforcement.

Section 9. San Juan County Code Section 6.08.080 and Ordinance 14-1994 and Resolution 163-1985 are each amended to read as follows:

6.08.080 Public nuisances.

A. It is unlawful and a public nuisance for any owner or keeper of a dog to:

— 1. Fail to timely and properly register and license a dog; or

— 2. Allow a dog to chase, bite, injure or kill any livestock, domestic animal or poultry; or

— 3. Allow a dog to chase, bite, injure any person;

— 4. Allow a dog to bite or cause injury to any deer if wild or kept as a domestic animal.

B. Any violation of this section is a misdemeanor.

Section 10. San Juan County Code 6.08.090 and Ord. 14-1994 and Res. 1985 are each amended to read as follows:

6.08.090 Unlawful activities.

It is unlawful for any person:

A. To kill another's dog except under circumstances provided for in this chapter or under state law;

B. To kill or attempt to kill a dog without exercising due care to avoid creating a risk of harm to persons, livestock or property;

C. To kill a dog without reporting the same to the animal control authority within 24 hours;

D. To remove a license tag from another's dog, alive or dead;

E. To counterfeit a dog license tag;

F. To use spring guns, poison, traps or any other unselective method to destroy a dog;

G. To willfully abandon or leave unattended in circumstances which demonstrate an intent to permanently abandon a dog or cat in the County;

H. 1. To torture, torment, beat, or

— 2. To cruelly endanger or kill, or

— 3. To deprive of necessary food, water or shelter any animal;

— 4. To make a false statement in securing a dog license, in reporting the destruction of a dog or in claiming damages under RCW 16.08.010;

— 5. 16.08.070, to own any dog that when unprovoked: (a) inflicts bites on a human or domestic animal on either public or private property, or (b) chases or approaches a person upon streets, sidewalks or any public ground in a menacing fashion or in an apparent attitude of attack, or any dog with a known tendency or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise threaten the safety of humans or domestic animals;

I. To leave an animal in a motor vehicle without providing adequate ventilation;

J. For an owner or keeper of an animal to refuse to quarantine or permit the quarantine of any animal when and as required by state law or this chapter.

K. For any person to prevent, obstruct or hinder the impoundment of an animal or other enforcement duties of the animal control authority.

L. To deprive any animal of necessary food, water or shelter.

M. To violate any other provision of this chapter

N. Any person who shall violate this section shall be guilty of a misdemeanor.

Section 11. A new section shall be added to the San Juan County Code to read as follows:

Potentially dangerous dogs — Declaration.

A. The animal control authority may find and declare by Order a potentially dangerous dog if there is probable cause that the dog has the characteristics of a potentially dangerous dog. Such finding an Order must be based upon one or more of the following sources of information: (1) the written complaint of a citizen, provided under penalty of perjury, or (2) action of the dog witnessed by any animal control officer or other law enforcement officer. Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful 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. The breed of the dog shall not be a determining factor when declaring a dog potentially dangerous.

B. Upon declaration of a potentially dangerous dog, the animal control authority may impose the following conditions and restrictions on the owner or keeper.

— 1. To keep the dog in a secure enclosure;

— 2. Not allow the dog to be away from the premises of the owner or keeper unless the dog is securely restrained by a substantial leash under the control of a responsible person of sufficient age and size to control the dog in all circumstances.

— 3. To post and maintain signs on the property where the dog is located which has a clear warning symbol that informs adults and children of the presence of a potentially dangerous dog.

— 4. To mark the dog with a tattoo or microchip for identification.

C. The Order declaring a potentially dangerous dog shall include the following information:

— 1. A description of the dog;

— 2. The name and address of the owner or keeper of the animal;

— 3. The last known whereabouts of the animal if it is not in the custody of the owner or keeper;

— 4. The facts upon which the declaration of dangerous or potentially dangerous dog is based;

— 5. The legal basis for the proposed action;

— 6. A statement that the dog is subject to the licensing or registration requirements of this chapter;

— 7. Notice of the owner's or keeper's right to a hearing to contest the declaration, and the procedure to be followed;

— 8. The restrictions placed on the animal as a result of the declaration of potentially dangerous dog;

— 9. The penalties for violation of the restrictions.

D. Prior to the animal control authority issuing its final determination, the animal control authority shall notify the owner in writing that he or she is entitled to an opportunity to meet with the authority, at which meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared potentially dangerous. The notice shall state the date, time, and location of the meeting, which must occur prior to expiration of fifteen (15) calendar days following delivery of the notice. The owner may propose an alternative meeting date and time, but such meeting must occur within the fifteen-day time period set forth in this section. After such meeting, the authority must issue its final determination, in the form of a written order, within fifteen calendar days.

E. The Order declaring a potentially dangerous dog shall be in writing, and shall be effective upon delivery to the owner or keeper of the dog by one of the following methods:

— 1. Regular mail and certified mail, return receipt requested, to the owner or keeper's last known address, in which case delivery is presumed three (3) days after deposit in the United States mail; or

— 2. Personal service.

Section 12. A new section shall be added to the San Juan County Code to read as follows:

Potentially dangerous dogs — Regulations

A. After a declaration of a potentially dangerous dog, it is unlawful for an owner or keeper to permit the dog:

— 1. To fail to be in compliance with any restrictions on the potentially dangerous dog by the animal control authority; or

— 2. To fail to notify the animal control authority of change of ownership, custody or residence of the dog within ten (10) days of such change.

— 3. To inflict a bite upon a human or a domestic animal, on public or private property; or

— 4. To otherwise injure or threaten the safety of humans or animals.

— 5. To chase or approach a person upon the streets, sidewalks, or other public grounds in a menacing fashion or apparent attitude of attack, or cause injury to or otherwise threaten the safety of any person or animal.

B. Violation of this section is a gross misdemeanor.

C. Nothing in this section shall preclude any prosecution for violation of RCW 16.08.100(3), in a situation causing severe injury or death of any human.

Section 13. A new section shall be added to the San Juan County Code to read as follows:

Dangerous dogs — Declaration.

A. The animal control authority may find and declare a dog a dangerous dog if there is probable cause that the dog has the characteristics of a dangerous dog as defined in SJCC 6.08.015. Such finding must be based upon one or more of the following sources of information: (1) The written complaint of a citizen, provided under penalty of perjury, or (2) Actions of the dog witnessed by any animal control officer or other law enforcement officer. Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful 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. The breed of the dog shall not be a determining factor when declaring a dog dangerous.

B. The declaration of dangerous dog shall include the following information:

— 1. A description of the dog;

— 2. The name and address of the owner or keeper of the animal;

— 3. The last known whereabouts of the animal if it is not in the custody of the owner or keeper;

— 4. The facts upon which the declaration of dangerous or potentially dangerous dog is based;

— 5. The legal basis for the proposed action;

— 6. A statement that the dog is subject to the licensing or registration requirements of this chapter;

— 7. Notice of the owner's or keeper's right to a hearing to contest the declaration, and the procedure to be followed;

— 8. The restrictions and registration requirements placed on the animal as a result of the declaration of a dangerous dog;

— 9. The penalties for violation of the restrictions.

C. Prior to the authority issuing its final determination, the authority shall notify the owner in writing that he or she is entitled to an opportunity to meet with the authority, at which meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous. The notice shall state the date, time, and location of the meeting, which must occur prior to expiration of fifteen calendar days following delivery of the notice. The owner may propose an alternative meeting date and time, but such meeting must occur within the fifteen-day time period set forth in this section. After such meeting, the authority must issue its final determination, in the form of a written order, within fifteen calendar days.

D. The declaration of dangerous dog shall be in writing, and shall be effective upon delivery to the owner or keeper of the dog by one of the following methods:

— 1. Regular mail and certified mail, return receipt requested, to the owner or keeper's last known address, in which case delivery is presumed three days after deposit in the United States mail; or

— 2. Personal service.

Section 14. A new section shall be added to the San Juan County Code to read as follows:

Appeal of dangerous or potentially dangerous dog declaration.

A. There is no administrative appeal of the declaration of a dangerous dog or declaration of a potentially dangerous dog.

B. Within 20 days following service of a declaration of a dangerous dog or potentially dangerous dog, the owner or keeper may appeal the determination to the San Juan County District Court by filing and serving a written Notice of Appeal.

The Notice of Appeal shall contain the following information:

— 1. The name, address and telephone number of the owner and or keeper of the dog;

— 2. A statement of the reasons why the decision should be reversed or modified;

— 3. The name, address and phone number of every witness who will appear on the dog owner's behalf; and

— 4. A copy of the decision being appealed.

C. The animal control authority shall be served by delivery of the notice of appeal to the San Juan County Auditor.

D. The animal control authority has the burden of demonstrating by a preponderance of the evidence that the conduct of the dog or owner supports the declaration made by the animal control authority.

E. While the appeal is pending, the animal control authority may order that the dog be confined or controlled in compliance with RCW 16.08.090. If the dog is determined to be dangerous, the owner must pay all costs of confinement and control.

F. The decision of the district court judge is subject to further appeal in accordance with the rules of the court.

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