HomeMy WebLinkAbout2002-048 Dangerous Dogs ORDINANCE NO. 2002 - 48
AN ORDINANCE relating to public safety and morals; redefining dangerous dog;
increasing minimum insurance for dangerous dogs; providing . a
procedure to challenge a dangerous dog declaration; and providing
for the quarantine of animals which bite human beings; amending
section 6.20.160 and enacting as new sections, sections 6.20.165
6.20.172, all of the City of Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 6.20.160 of the City of Yakima Municipal Code is hereby
amended to read as follows:
6.20.160 Certificate of Registration for Dangerous Dog.
A. Definitions.
"Potentially dangerous dog" means any dog that when unprovoked: inflicts bites
on a human or a domestic animal either on public or private property, or 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
threaten the safety of humans or domestic animals.
"Dangerous dog" means any dog that according to the records of the city, has
inflicted
jai inflicts severe injury on a human being without provocation on public or
private property, or has- killed
kills a domestic animal without provocation while the dog is off the owner's
property, or
r'c when unprovoked inflicts more than one bite on a human being during a
single incident or exhibits continued aggressive behavior towards human beings
following an incident in which the dog has bitten a human being, or
has been previously found to be potentially dangerous by the animal
control officer, the owner having received written notice of such and the dog again
aggressively bites, attacks, or endangers the safety of humans or domestic animals.
Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by
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a person who, at the time, was committing a wilful 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.
"Severe injury" means any physical injury that results in broken bones or
disfiguring lacerations requiring multiple sutures or cosmetic surgery.
"Proper enclosure of a dangerous dog" 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.
B. Certificate of Registration.
(1) The director of the department of finance and budget or his designee shall
issue a certificate of registration to the owner of a dangerous dog if the owner presents
to the animal control unit sufficient evidence of:
a. A proper enclosure to confine a dangerous dog and the posting of the
premises with a clearly visible sign warning that there is a 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 dangerous dog;
b. A surety bond issued by a surety insurer qualified under RCW Chapter
48.28 in a form acceptable to the city attorney, in the sum of at least two hundred and
fifty thousand dollars, payable to any person injured by the dangerous dog; or
c. A policy of liability insurance, such as homeowner's insurance, issued by
an insurer qualified under RCW Title 48 in the amount of at least two hundred and fifty
thousand dollars in a form acceptable to the city attorney, insuring the owner for any
personal injuries inflicted by the dangerous dog.
(2) Prior to the issuance of any certificate of registration the director of finance
and budget or his designee shall collect from the owner of any dangerous dog a
registration fee of one hundred dollars;
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(3) The certificate of registration shall expire one year after its issuance and it
shall be renewable under the same terms and conditions as governed by its previous
issuance.
C. Confiscation of Dangerous Doq.
Any dangerous dog shall be immediately confiscated by the animal control officer
or any law enforcement officer if the dog is not validly registered under subsection B of
this section if the owner does not secure and maintain the liability insurance coverage or
bond required under subsection B of this section or the dog is not maintained in the
proper enclosure; or the dog is outside of the dwelling of the owner, or outside of the
proper enclosure and not under physical restraint of the responsible person.
Section 2. Section 6.20.172 of the City of Yakima Municipal Code is hereby
enacted as a new section to read as follows:
6.20.165 Declaring Dangerous Doq - Procedure to Challenge.
In order for a dog to be declared a dangerous dog, the animal control officer shall
serve a notice upon the dog owner in person or by regular and certified mail, return
receipt requested. The notice shall state: the statutory basis for the proposed action;
the reasons the animal control officer considers the dog dangerous; a statement that the
dog is subject to registration and controls required by this chapter, including a recitation
of the controls in YMC 6.20.160B(1); and an explanation of the owner's rights and of the
proper procedure for appealing a decision finding the dog dangerous.
Prior to issuing a final determination, animal control shall notify the owner in
writing that he or she is entitled to an opportunity to meet with the Code
Administration Manager, 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 for 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.
In the event the dog is declared dangerous, the order shall include a recital of the
authority for the action, a brief concise statement of the facts that support the
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determination, and the signature of the Code Administration Manager. The order shall
be sent by regular and certified mail, return receipt requested, or delivered in person to
the owner at the owner's last known address.
The owner may appeal the final determination that the dog is dangerous to the
Yakima Municipal Court. The owner must initiate such an appeal by filing with the
Yakima Municipal Court a request for appeal of . the decision of the Code Administration
Manager. Such appeal must be filed within twenty days of receipt of the final
determination. Receipt shall be deemed to be three days from the date of mailing.
While the appeal is pending, animal control officers may require that the dog be
confined at the city animal shelter at the owner's expense or confined and controlled in
accordance with YMC 6.20.160B(1)(a) and YMC 6.20.170B. Willful failure to comply
with the control and confinement provisions while the appeal is pending is a
misdemeanor.
Section 3. Section 6.20.172 of the City of Yakima Municipal Code is hereby
enacted as a new section to read as follows:
6.20.172 Authority to Quarantine and destroy infected animals.
Any dog or other animal that inflicts a bite upon a human or domestic animal, or
which an animal control officer has probable cause to believe is carrying or infected by a
disease which threatens the health of human beings or other animals may be
quarantined by an animal control officer. At the discretion of the animal control officer
the dog or other animal may be quarantined either at the animal owner's residence or at
the city animal shelter. The quarantine shall be for a minimum of 10 days and may be
extended by the animal control officer for a reasonable period necessary to ensure the
dog or other animal is free of infectious disease.
Notwithstanding any other provision of this code, a dog or other animal that is
determined by a veterinarian licensed under RCW Ch 18.92 to carry a disease that
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threatens the health of human beings or other animals may be immediately destroyed
where such action is necessary to protect the health of human beings or other animals.
Section 4. This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 3rd day of
September, 2002.
/M.4
ATTEST: M lace, Mayor
City Clerk
Publication Date: 9-6 -2002
Effective Date: 10-6 -2002
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT g
Item No.
For Meeting of September 3, 2002
ITEM TITLE: An ordinance relating to public safety and morals; redefining
dangerous dog; increasing minimum insurance for dangerous dogs;
providing a procedure to challenge a dangerous dog declaration; and
providing for the quarantine of animals which bite human beings;
amending section 6.20.160 and enacting as new sections, sections
6.20.165 6.20.172, all of the City of Yakima Municipal Code.
SUBMITTED BY: Jeff B. West, Senior Assistant City Attorney
CONTACT PERSON/TELEPHONE: Jeff B. West, Contact Number 575 -6033
SUMMARY EXPLANATION: Staff has been directed to prepare legislation which
provides that a dog that inflicts multiple bites during a single incident or that continues
to exhibit aggressive behavior towards human beings following a bite incident be
treated as a dangerous dog. Staff has also been directed to prepare legislation which
allows that animals which bite be quarantined to ensure public health and safety. The
City of Yakima is permitted to have animal control ordinances that are more restrictive
than state law. Rabon v. City of Seattle, 135 Wn. 2d 278 (1998).
However, the City may not have animal control ordinances that are less restrictive
than current state statute. Recent amendments to RCW 16.08.070 require that the
City adopt a specific procedure for declaring a dog dangerous and increase the
minimum insurance requirement for dangerous dogs. The option is to require that all
dangerous dogs be banned or destroyed.
The proposed ordinance should have minimal fiscal impact, but may result in
increased costs for keeping animals at the City animal shelter and will require
additional staff time for enforcement and prosecution of violators.
Resolution Ordinance X Other (Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: teK
City Manager
STAFF RECOMMENDATION: Pass ordinance
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2002 -48