HomeMy WebLinkAboutORD 4983Amends ORD 4916, 4964
CITY OF RENTON, WASHINGTON Amended by 5512
ORDINANCE NO. 4983
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AMENDING SECTIONS 6-6-4, 6-6-8, AND 6-6-9 OF CHAPTER 6,
ANIMALS AND FOWL AT LARGE, OF TITLE VI (POLICE
REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF
GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON"
BY AMENDING DEFINITIONS AND PROCEDURES RELATED TO
DANGEROUS DOGS.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN
AS FOLLOWS:
SECTION I. Section 6-6-4 of Chapter 6, Animals and Fowl at Large, of Title VI
(Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of
Renton, Washington" is hereby amended to read as follows:
6-6-4 DEFINITIONS:
For the purpose of this Chapter the following definitions shall be controlling:
ANIMAL CONTROL AUTHORITY: 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.
ANIMAL CONTROL OFFICER: Any individual employed, contracted with or
appointed by the City for the purpose of aiding in the enforcement of this Chapter or any other
law or ordinance relating to the licensure 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.
DANGEROUS DOG: Any dog that: a) inflicts or has inflicted severe injury on a human
being without provocation on public or private property, b) kills or has killed a domestic animal
ORDINANCE NO. 4983
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.
OWNER: Any person, firm, corporation, organization or department possessing,
harboring, keeping, having an interest in or having control or custody of an animal.
POTENTIALLY DANGEROUS DOG: 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 to cause injury or otherwise to threaten the safety of humans or
domestic animals.
PROPER ENCLOSURE OF A DANGEROUS DOG: 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.
SEVERE INJURY: Any physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
VICIOUS: An animal other than a "dangerous dog" or "potentially dangerous dog" that
displays the characteristics or propensity to do an act that might endanger the safety of a person,
animal, or property of another, including but not limited to a disposition to mischief or fierceness
as might occasionally lead to attack on human beings or other animals without provocation,
whether in play or an outbreak of an untrained nature.
ORDINANCE NO. 4983
SECTION II. Sections 6-6-8 and 6-6-9 of Chapter 6, Animals and Fowl at Large,
of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of
the City of Renton, Washington" are hereby amended to read as follows:
6-6-8 DANGEROUS DOGS:
A. It is unlawful for an owner to have a dangerous dog in the City without a
certificate of registration issued under this Section. This Section shall not apply to dogs used by
law enforcement officials for police work.
B. The Police Department of the City shall issue a certificate of registration to the
owner of such dangerous dog if the owner presents to the animal control unit sufficient evidence
of:
1. A proper 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 warning symbol that informs
children of the presence of a dangerous dog; and
2. A policy of liability insurance, such as homeowners's insurance, issued by
an insurer qualified under title 48 RCW, or a surety bond issued by a surety insurer qualified
under Chapter 48.28 in a form acceptable to the City, in the amount of at least two hundred and
fifty thousand dollars ($250,000), insuring the owner for any personal injuries inflicted by the
dangerous dog.
C. It is unlawful for an owner of a dangerous dog to permit the dog to be outside of
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
ORDINANCE NO. 4983
not cause injury to the dog or interfere with its vision or respiration but shall prevent it from
biting any person or animal.
D. Dogs shall not be declared dangerous if the threat, injury or damage was sustained
by 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.
6-6-9 CONFISCATION, HEARING, AND APPEAL PROCEDURES FOR
DANGEROUS DOGS
A. Confiscation: Any dangerous dog shall be immediately confiscated by an animal
control authority if the dog is not validly registered, the owner has not secured the liability
insurance as required, or the dog is not maintained in the proper enclosure. Said dog shall be
placed in quarantine for a maximum of 10 business days, to allow the owner time to comply with
the requirements of this chapter. If the owner is unable to comply, the dog shall be immediately
destroyed in an expeditious and humane manner. Costs of this procedure shall be assessed
against the owner or keeper of the dangerous dog.
If a dog that has been previously determined to be dangerous is not within a proper
enclosure and is not under physical restraint of a responsible person, said dog is subject to
immediate confiscation and destruction after 72 hours.
B. Hearing and Appeal Procedure:
1. The animal control officer will serve notice upon the dog owner in
person or by regular and certified mail, return receipt requested, of the city's intent to
have the dog declared dangerous. The notice will be sent to the last known address of
ORDINANCE NO. 4983
the owner, if the owner is known. For purposes of determining the 10-days within
which a determination must be made, the notice will be deemed received on the third
day after its posting in the regular mail. In the event the owner is not known, notice
shall be accomplished by a public notification in a newspaper of general circulation in
the city of Renton. For purposes of deterrnining the 10-days within which a
determination must be made, the notice will be deemed received on the day of
publication. The dog owner may ask for a continuance of the determination date, but, in
no event may that date be more than 10 days after the notice was received.
2. The notice must state:
a. The code section permitting the proposed action;
b. The reasons the City considers the animal dangerous;
c. A statement that the dog is subject to registration and
controls required by this chapter;
d. An explanation of the owner's rights and of the proper
procedure for appealing a decision finding the dog dangerous, including the owner's
right to submit written materials explaining why the dog should not be declared
dangerous;
e. The date by which written materials must be received by
the police chief;
be made; and
f. The date by which the determination of dangerousness will
g. A description of the dog.
ORDINANCE NO. 49 83
3. The police chief or his/her designee shall make a determination
whether the dog is dangerous as defined herein. Said determination must occur prior to
the expiration of ten calendar days following delivery of the notice. If the chief or the
chiefs designee determines that the dog is more probably than not a dangerous dog,
he/she shall make the determination that the dog is dangerous.
4. After such decision, the chief of police or his/her designee must
issue a final determination, in the form of a written order, within seven calendar days. In
the event the dog is determined to be dangerous, the order shall include
a. The authority for the action,
b. A brief concise statement of the facts that support the
determination,
c. An explanation of the insurance and enclosure
requirements set out in this chapter, and
d. The signature of the person who made the determination.
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 address known to the city. In the
event the owner is not identified before the final determination is made, the order need
not be published or otherwise sent to the owner.
5. The owner may appeal the police chiefs (or his/her designee's)
final determination that the dog is dangerous to the municipal court. The municipal court
shall sit in an appellate capacity only, the record being limited to the materials considered
by the police chief or his/her designee. The decision of the municipal court is not subject
to appeal.
ORDINANCE NO. 4 9 83
6. The owner must make such appeal within fifteen days of receiving
the final determination. For purposes of this provision, the final determination is deemed
received on the third day after its posting in the regular mail.
7. While the determination and appeal, if any, is pending, the dog will
be confined or controlled in compliance with this chapter. If the dog is determined to be
dangerous, the owner must pay all costs of confinement, and control, and, if the dog is
destroyed, the cost of destruction.
8. If, after a final determination of dangerousness, the owner does not
comply with the requirements of this chapter for keeping a dangerous dog within 10 working
days, the dog will be destroyed as set out herein.
SECTION III. This ordinance shall be effective upon its passage, approval, and
30 days after publication.
PASSED BY THE CITY COUNCIL this 23rd day of September 2002.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this 23rd day of September 2002.
f^"j?(.»C t
JesfirTanner, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication: 9/27/02 (summary)
ORD.1008:9/ll/02:ma