Public Notices: Dangerous dog ordinance, part two

Section 15. A new section shall be added to the San Juan County Code to read as follows:

Dangerous dogs — Annual certification and registration requirements.

A. It is unlawful for an owner or keeper to have a dangerous dog without a certificate of registration issued pursuant to this section and RCW 16.08.080 to be issued annually. Such certification and registration is in addition to all other licensing requirements.

B. The animal control authority shall issue an original certificate or renewal certificate, as appropriate, for the registration of a dangerous dog if the owner or keeper pays one hundred dollars ($100.00) annual fee and presents to the animal control authority evidence of:

— 1. A secure enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a symbol that informs children of the presence of a dangerous dog.

— 2. A surety bond issued by a surety insurer qualified under Chapter 48.28 in a form acceptable to the animal control authority in the sum of at least one hundred thousand dollars ($100,000.00), payable to any person injured by the dangerous dog; or a policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under title 48 RCW in the amount of at least one hundred thousand dollars ($100,000.00), insuring the owner for the personal injuries inflicted by the dangerous dog.

C. A violation of the registration and renewal requirements of this section is a misdemeanor and the dog is subject to immediate impoundment, confiscation and disposition in the manner provided by law.

Section 16. A new section shall be added to the San Juan County Code to read as follows:

Dangerous Dogs — Violations, confiscation and destruction.

A. It is unlawful for an owner, keeper or handler of a dangerous dog to:

— 1. Not have a current license for the dog and allow the dog without the current license tag as as required by SJCC 6.08.030, or

— 2. To possess a dog that is not currently registered as a dangerous dog when required by law;

— 3. Not to secure and have in place the surety bond or liability insurance required under SJCC 6.08.120; or

— 4. Not keep the dangerous dog in a secure enclosure while on private property or;

— 5. Not keep the dangerous dog outside of the secure enclosure and while under the physical restraint of a responsible person; or

— 6. Violate any other condition imposed by the animal control authority or by local ordinance or state law.

B. Violation of the provisions of this section is a misdemeanor and the dog is subject to immediate impoundment, confiscation and disposition in the manner provided by law.

C. For any dog confiscated for violation of subsection # (A) of this section, the owner must pay the costs of confinement and control. The animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for the payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies are not corrected within 20 days. In the event the owner fails or refuses to pay costs of confinement and control and correct all violations within 20 days, the animal control authority may destroy the confiscated dangerous dog. In addition, the owner shall be guilty of a gross misdemeanor for each violation, punishable in accordance with RCW 9A.20.021.

D. If a dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person or another domestic animal, the dog shall be immediately confiscated by the animal control authority, placed into quarantine for 10 days and thereafter destroyed in an expeditious and humane manner. There is no right of appeal to the decision of the animal control authority to confiscate and destroy the dangerous dog. In addition, the dog’s owner is guilty of a Class C felony, punishable in accordance with RCW 9A.20.021. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that he or she was in compliance with the requirements of ownership of a dangerous dog pursuant to this chapter and the person or domestic animal attacked or bitten by the defendant’s dog trespassed on the defendant’s real or personal property or provoked the defendant’s dog without justification or excuse. There is no liability to the animal control authority for destroying a dangerous dog prior to the resolution of the criminal case involving the defendant where there is probable cause to identify the dangerous dog and the nature of the attack.

Section 17. A new section shall be added to the San Juan County Code to read as follows:

All dogs — Severe injury or death.

The owner of any dog that aggressively causes severe injury or death to any human, whether or not the dog has previously been declared potentially dangerous or dangerous, shall, upon conviction, be guilty of a Class C felony punishable in accordance with RCW 9A.20.021.

It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the human was severely injured or killed by the defendant's dog: (a) Trespassed on the defendant's real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of dog; or (b) provoked the defendant's dog without justification or excuse on the defendant's real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of dog.

In such a prosecution, the state has the burden of showing that the owner of the dog either knew or should have known that the dog was potentially dangerous as defined in this chapter. The state may not meet its burden of proof that the owner should have known the dog was potentially dangerous solely by showing the dog to be a particular breed or breeds. In addition, the dog shall be immediately confiscated by an animal control authority, quarantined, and upon conviction of the owner, destroyed in an expeditious and humane manner.

Section 18. A new section shall be added to the San Juan County Code to read as follows:

Control of rabid or potentially rabid animals.

A. A domestic animal of a species which may transmit disease through its bite, which bites and breaks the skin of any person shall be quarantined for a 10-day period to determine if the animal is infected with a disease. The place of quarantine shall be established by the animal control authority, and the animal control authority may, in its discretion, allow the owner and/or keeper of the animal to maintain the quarantine.

B. Quarantine procedure:

— 1. Any animal that has bitten a human and broken the skin, regardless of provocation or previous inoculation for diseases, shall be confined for a period of not less than 10 days, in such a manner that it is segregated from any other animals and the possibility of coming into contact with other animals and humans except for the caretaker.

— 2. If the owner and/or keeper is unable or unwilling to confine the animal, or if the animal control authority determines from the prior history of the animal that confinement is not likely, the animal may be quarantined at an animal shelter or a veterinarian and/or boarding kennel of the owner's choice, provided that the costs to board the animal shall be borne by the owner.

— 3. Should the animal manifest any unusual behavior or develop symptoms of illness or die during the observation period, the owner or veterinarian shall immediately notify the animal control authority or the health department of that condition.

C. In all cases where any animal which has bitten a person or caused an abrasion or puncture of the skin, is slain by any person or dies by any other means, and a period of 10 days has not elapsed since the day of the bite, it shall be the duty of any person slaying such animal or the owner to notify the San Juan County Sheriff prior to disposal of the carcass.

Section 19. A new section shall be added to the San Juan County Code to read as follows:

Impound and redemption of animals.

A. In addition to the provisions of state law and the San Juan County Code pertaining to potentially dangerous dogs and dangerous dogs, any dog or other animal may be impounded and taken into the care and custody of the animal control authority in the following situations:

— 1. When a dog is off the premises of its owner or keeper and not under the control of its owner, keeper or other authorized person;

— 2. When an animal, required by law to be licensed, does not carry a current license tag;

— 3. When an animal is brought to the animal shelter, or appropriate agency, by a private citizen who has found the animal;

— 4. When the animal has been deemed abandoned pursuant to RCW 16.54.010;

— 5. When a dog has been declared potentially dangerous or dangerous pursuant to this chapter and/or state law, and the dog is at large, or has otherwise violated the restrictions placed upon it;

— 6. When any animal has been subjected to cruel treatment as defined by RCW 16.52.205, and/or RCW 16.52.207 and/or SJCC 6.08, removal is necessary for the immediate safety and well-being of the animal;

— 7. When the animal's owner or keeper is incapable or unable to continue to care for it;

— 8. When an animal has bitten a person, breaking or puncturing the skin, and the owner and/or keeper is unable, incapable or unwilling to provide the 10-day quarantine requirements. If such an animal is found at large, the owner will be deemed unable to provide quarantine and said animal may be impounded.

B. Any impounded animal may be redeemed by its owner or keeper upon identification of the owner and payment of all costs of impoundment, licensing and care.

Section 20. A new section shall be added to the San Juan County Code to read as follows:

Disposition of unclaimed animals.

A. Any animal which has been impounded and not redeemed by its owner after fifteen (15) days notice may, in the discretion of the animal control authority, be humanely destroyed, or sold, or placed for adoption with a new owner, unless the impounded animal is suffering from serious injury, illness or disease that would endanger the other sheltered pets or cause the animal to endure unnecessary pain and suffering if left untreated, or if any impounded animal is feral or wild and thereby human care and confinement is not possible or poses a threat to caretakers, the animal may be humanely destroyed before the expiration of the required holding period.

Section 21. San Juan County Code Section 6.08.100 and Ordinance 14-1994 and Res. 163-1985 shall be recodified and amended to read as follows:

Dogs injuring or killing stock.

A. Pursuant to RCW 16.08.020, it is lawful for the owner or caretaker of any domestic animal or poultry to kill any dog such person sees chasing, biting, injuring or killing such person's domestic animal or poultry, provided that the dog is killed on property owned, leased or under the control of the owner or caretaker of the victim animal.

B. It is the duty of the owner or keeper of any dog found chasing, biting or injuring any domestic animal or poultry, upon being notified of that fact by the owner or caretaker of such domestic animal or poultry to thereafter keep such dog on a leash or confined upon the premises of the dog's owner or keeper.

Section 22. San Juan County Code Section 6.08.110 and Ordinance 14-1994 and Res. 163.1985 shall be recodified and amended to read as follows:

Dogs injuring or killing stock — Damages.

A. The owner or keeper of a dog is liable to the owner of any animal killed or injured by such dog for the amount of damages sustained and costs of collection, to be recovered in a civil action (RCW 16.08.010); provided, that in case the owner or keeper of such dog or dogs is unknown or the damages cannot be collected, the person suffering damages may present a claim for such damages to the judge of the district court within 30 days after any such animal or animals are killed or injured and make an affidavit, under oath, stating:

— 1. The number of animals killed or injured;

— 2. The information needed to determine the damages allowed under the current damage schedule;

— 3. The name of the owner or keeper of the dog or dogs, if known;

— 4. If the owner or keeper of such dog or dogs is unknown, the fact that the claimant does not know the identity or address of the owner or keeper; and

— 5. The circumstances under which the animals were killed or injured.

B. The claim, affidavit and verification shall be reviewed by the judge of the district court to ensure that the claimant has fully complied with the procedures set forth in this section. The owner of the dog shall have the ability to submit a response to the claimant. If the court finds that the claimant has presented sufficient credible facts to establish a claim for damages, the court shall issue and file with the County auditor an Order certifying the amount of damages sustained. The damages allowed shall be based upon the current damage schedule as passed by resolution of the board of commissioners. The damages awarded shall not exceed the damages provided by the current damage schedule.

C. Upon filing with the County Auditor the certificate of the district court judge fixing the damages as above provided, the auditor shall pay to the claimant out of the Livestock Fund for the amount of damages certified by the district court judge; provided, that the claims shall be paid pursuant to this section only to the extent that there are sufficient funds in the Livestock Fund. Claims certified under this section at a time when there are not sufficient funds shall be held by the auditor until the Livestock Fund is sufficient to compensate claimants whose claims shall be paid in the order received.

D. The county Board of Commissioners desires to provide compensation to persons whose animal is damaged or killed by dogs under circumstances described in the dog control law according to the following schedule:

Dog Control Law Damage Schedule

Animal — Days Old When Weaned — Unregistered Before Weaned — Unregistered After Weaned — Registered Before Weaned — Registered After Weaned

Sheep — (60 days) — $37.50 —$75.00 — $75.00 — $75.00

Goat — (90 days) — $17.50 — $40.00 — $35.00 — $80.00

Castrated male goat — 0 — $5.00 — $12.50 — 0 — 0

Beef — (180 days) — $150.00 — * — $250.00 — *

Dairy — (40 days) — $50.00 — * — $100.00 — $250.00

Swine — (60 days) — $20.00 — $60.00 — $40.00 — $120.00

Rabbit — (40 days) — $1.00 — $2.00 — $2.00 — $4.00

Horse, Alpaca, Llama or other — * — * — * — *

* = Value to be determined by the judge of the District Court after consultation with the agricultural extension agent. In no event shall any damages awarded exceed $500.00 per animal.

Poultry — Unregistered/Registered

Chicken — $2.00/$4.00

Duck — $2.50/$5.00

Goose — $7.50/$15.00

Turkey — $10.00/$20.00

Section 23. San Juan County Code Section 6.08.120 and Ordinance 14-1984 and Res. 163-1985 shall be amended to read as follows:

6.08.120 Violation — Penalty.

A. Unless specified by other provisions of this chapter, any violation of this chapter is a civil infraction. Any person found to have committed an infraction shall be assessed the following monetary penalty which shall not be suspended or deferred:

— 1. First offense: $100.00;

— 2. Second offense: $200.00;

— 3. Third or subsequent offense: $500.00.

Section 24. Severability.

If any section, subsection, sentence, clause, phrase or word of this chapter should be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter.

LEGAL NO. SJ-1152

Published: October 1, 2003

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