8.02.420 Duties of keeping of a potentially dangerous dog or dangerous dog.
(1) Duties for Keeping of a Dog under Investigation as a Potentially Dangerous Dog or Dog under Investigation as a Dangerous Dog.
(a) It shall be unlawful for the owner of a potentially dangerous dog or a dog under investigation as a potentially dangerous dog or under investigation as a dangerous dog:
(i) To allow the dog to remain on the premises of the owner unrestrained by a secure leash, a “proper enclosure” as defined in SMC 8.02.020(23), or other restraint or not under the control of the owner; or
(ii) The dog shall not be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. 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.
(b) The owner of a dog under investigation as a potentially dangerous or dangerous dog shall immediately notify the police department or animal control agency when the dog:
(i) Is loose or unconfined off the premises of the owner;
(ii) Has bitten or injured a human being or another animal;
(iii) Is sold, given away, moved to another address, or dies. If such dog is sold, given away, or moved to another location, the owner shall provide the new address and telephone number of the dog’s residence and the name of the new owner if applicable. All requirements of this chapter must be met prior to moving the dog. If the dog dies, the owner shall supply to the animal control agency within 30 days of death a veterinarian certificate of death or other proof that the dog has died;
(iv) Having been declared potentially dangerous or dangerous dog or is under investigation as a potentially dangerous dog, by an animal control agency in another jurisdiction and the dog now resides in the city of Stanwood.
(c) Any dog under investigation to be a potentially dangerous dog or dangerous dog shall be required to be microchipped by a veterinarian of the owner’s choice, at the owner’s expense. This must be accomplished within 15 days after receipt of the potentially dangerous dog or dangerous dog declaration issued by the animal control authority.
(d) Failure to comply is prohibited and may, in addition to other enforcement, result in the dog being immediately impounded.
(2) Duties for Keeping of a Potentially Dangerous Dog.
(a) It shall be unlawful for the owner of a potentially dangerous dog:
(i) To allow the dog to remain on the premises of the owner unrestrained by a secure leash, a “proper enclosure” as defined in SMC 8.02.020(23), or other restraint or not under the control of the owner; or
(ii) The dog shall not be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. 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.
(b) Any dog which is declared to be a potentially dangerous dog shall be required to be microchipped by a veterinarian of the owner’s choice, at the owner’s expense. This must be accomplished within 15 days after receipt of the potentially dangerous dog declaration issued by the animal control authority.
(c) The owner of a potentially dangerous dog shall immediately notify the police department or animal control agency when the dog:
(i) Is loose or unconfined off the premises of the owner;
(ii) Has bitten or injured a human being or another animal;
(iii) Is sold, given away, moved to another address, or dies. If such dog is sold, given away, or moved to another location, the owner shall provide the new address and telephone number of the dog’s residence and the name of the new owner if applicable. All requirements of this chapter must be met prior to moving the dog. If the dog dies, the owner shall supply to the animal control agency within 30 days of death a veterinarian certificate of death or other proof that the dog has died;
(iv) Having been declared potentially dangerous or dangerous dog or is under investigation as a potentially dangerous dog, by an animal control agency in another jurisdiction and the dog now resides in the city of Stanwood.
(d) Failure to comply is prohibited and may, in addition to other enforcement, result in the dog being immediately impounded.
(e) The owner of a potentially dangerous dog shall obtain a license for such dog from the office of the city clerk upon proof that all registration requirements have been satisfied, and shall be required to pay all application fees. If the owner fails to obtain a permit or fails to file an appeal, the animal control officer is authorized to seize and impound the animal and, after notification to the owner, hold the animal for no more than five days before the destruction of the animal.
(3) Duties upon Dangerous Dog Declaration. Upon declaration of a dangerous dog, the owner must immediately comply with and present to the animal control authority sufficient evidence of the following:
(a) Any dog which is declared to be a dangerous dog: The owner shall obtain a license for such dog from the office of the city clerk upon proof that all registration requirements of RCW 16.08.080 have been satisfied, and shall be required to pay all application fees. If the owner fails to obtain a permit or fails to file an appeal, the animal control officer is authorized to seize and impound the animal and, after notification to the owner, hold the animal for no more than five days before the destruction of the animal.
(b) Securely confine the dog on the owner’s property in a “proper enclosure” as defined in SMC 8.02.020(23).
(c) Any dog which is declared to be a dangerous dog shall be required to be microchipped by a veterinarian of the owner’s choice, at the owner’s expense. This must be accomplished within 15 days after receipt of the dangerous dog declaration issued by the animal control authority.
(d) The dog shall not be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. 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.
(e) Post signs for the duration the dog is on the premises to warn the public 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.
(f) Allow the investigating officer to enter and inspect the area of confinement to determine compliance immediately, prior to license issuance and periodically to ensure compliance.
(g) The owner shall post bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the animal control authority; in the sum of at least $250,000 payable to any person injured by the dog; or obtain 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 $250,000 insuring the owner for any personal injuries inflicted by the dog.
(h) Failure to comply is prohibited and may, in addition to other enforcement, result in the dog being immediately impounded.
(4) Violation and Penalty. Unless otherwise provided by Chapter 16.08 RCW, failure to comply with or violation of any provision of this chapter relating to potentially dangerous or dangerous dogs is:
(a) A misdemeanor subject to a jail term of not more than 90 days, a fine of not more than $1,000, or both such fine and imprisonment. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).