Ordinance 08-001 Amending SVMC: Dangerous Dog Determinations •
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 08-001
AN ORDINANCE AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTION 7.30.035,
RELATING TO DANGEROUS DOG DETERMINATIONS AND APPEALS RELATED
THERETO, AND 7.30.040, RELATING TO POTENTIALLY DANGEROUS DOGS, AND
APPEALS RELATED THERETO.
WHEREAS, the City of Spokane Valley previously adopted regulations relating to appeals of
administrative determinations that a dog is dangerous or potentially dangerous; and
WHEREAS, the City of Spokane Valley recently became aware of a judicial interpretation of
another municipality's dangerous dog appeal provisions which may impact the City's Code provisions;
and
WHEREAS,the City of Spokane Valley desires to avoid ambiguity in its Code provisions; and
NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, ordains as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend the appeal provisions for
administrative determinations that a dog is either dangerous or potentially dangerous to clarify that
animal control has the burden of proof at a hearing before the hearing examiner, and matters pertaining to
access to records of the animal control director.
Section 2. Amending Spokane Valley Municipal Code section 7.30.035: SVMC 7.30.035 is
amended as follows:
7.30.035 Declaration of dangerous dog determination—Appeals relating thereto.
A. When the animal control director or designee has sufficient information to determine that a dog is
dangerous as defined by Spokane County Code Section 5.04.020, the animal control director or designee
shall make a preliminary declaration that the dog is dangerous.
In the event a preliminary determination is made that the dog is dangerous, animal control shall notify
the dog owner or keeper in writing, either by personal delivery, or by regular mail and certified mail,
return receipt requested.
Any notice or determination mailed pursuant to this section shall be deemed received by the party to
which it is addressed on the third day after it is placed in the mail, as set forth by declaration of the
sender.
B. The notice must state:
1. The statutory basis for the proposed action;
2. A description of the dog for which the declaration is sought(breed, color, sex and license
•
number, if any);
3. The reasons the animal control director or designee considers the animal dangerous;
4. If the dog has been determined to be dangerous, then the controls stated in SVMC 7.30.045
shall apply; and
5. An explanation of the owner's or keeper's rights and the proper procedure for appealing a
declaration that a dog is dangerous, including an appeal form.
Ordinance 08-001 Page 1 of 5
C. Administrative Review After Preliminary Administrative Determination. •
1. Preliminary Determination of Dangerous Dog. Prior to the animal control director or designee
issuing a final determination that a dog is dangerous, the animal control director or designee shall notify
the owner or keeper in writing that he or she is entitled to an opportunity to meet with the animal control
director or designee, at which administrative review meeting the owner or keeper 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 administrative review meeting, which shall occur prior to the
expiration of 15 calendar days following receipt of the notice. The owner or keeper may propose an
alternative meeting date and time, but such administrative review meeting shall occur within the 15-day
time period set forth in this section, and shall be on a date and time acceptable to the animal control
director or designee. •
2.After such administrative review meeting, the animal control director or designee shall issue a
final determination, in the form of a written order, within 15 calendar days of the administrative review
meeting. In the event the animal control director or designee declares a dog to be dangerous, the order
shall include a recital of the authority for the action, a brief concise statement of the facts that support the
determination, and the signature of the person who made the determination.
3. An order declaring a dog is dangerous shall be delivered to the dog owner or keeper in writing
either by personal delivery, or by regular mail and certified mail,return receipt requested.
D. Any dog that is declared dangerous by the animal control director or designee, whether preliminary
or final, shall be immediately impounded until the owner or keeper registers the dog as dangerous in
accordance with SVMC 7.30.045. The owner or keeper will have 15 days from the date the dog was
declared dangerous to register the dog or appeal the determination pursuant to subsection F of this
section. If the owner or keeper fails to register the dog or appeal the determination, the dog will be
euthanized at the direction of the animal control director or designee. If the owner or keeper appeals the
dangerous dog declaration, as set forth in subsection F of this section, the dog will be held pending the
outcome of the appeal at the shelter at the owner's expense at a rate established by the animal control
authority.
E. The owner or keeper of a dog subject to a declaration that their dog is dangerous may appeal the
final written determination to the hearing examiner within 15 days after issuance of the decision by filing
a notice of appeal with the animal control authority. The hearing examiner may adopt appropriate hearing
procedures where procedures are not otherwise provided herein. The hearing shall be held within 20 days
after receipt of the notice of appeal, unless it is continued for good cause shown. The animal control
director or designee shall notify the owner or keeper in writing of the date, time and location of the
appeal hearing before the hearing examiner, and said notice shall be received at least five days before the
hearing. The appeal hearing shall be recorded, and the hearing examiner may allow testimony and
documents that are relevant to the administrative determination that the dog is dangerous. The owner or
keeper of the dog may require, by at least two days written notice, for the officer compiling the record to
be present at the hearing. The owner or keeper of the dog may present evidence and examine witnesses
present. The burden shall be on the animal control director to establish by a preponderance of the
evidence that the dog is a dangerous dog.
F.The hearing examiner shall issue a written decision, and mail a copy of the decision to the dog
owner or keeper, and to the animal control director or designee,within 15 days of the appeal hearing. The
hearing examiner's decision shall accept, reject or modify the administrative determination that a dog is
dangerous, and shall include findings of fact and conclusions of law that support the decision. The
hearing examiner may modify the determination that a dog is dangerous to a determination that the dog is
potentially dangerous, if the facts warrant, and impose any of the requirements set forth in SVMC
7.30.040(D). The decision shall be given the effect of a final decision by the city council, and shall state
Ordinance 08-001 Page 2 of 5
that the decision may be appealed to superior court pursuant to Chapter 7.16 RCW within 20 days from
the date the decision was received. If the decision upholds the administrative determination that a dog is
dangerous, and the dog owner or keeper fails to timely register the dog or appeal the decision to superior
court, the dog will be euthanized at the direction of the animal control director or designee. If the dog
owner or keeper timely appeals the dangerous dog declaration, the dog will be held pending the outcome
of the appeal at the shelter at the owner's expense, at a rate established by the animal control authority.
Section 3. Amending Spokane Valley Municipal Code section 7.30.040: SVMC 7.30.040 is
amended as follows:
7.30.040 Declaration of potentially dangerous dog determination—Appeals relating thereto.
A. When the animal control director or designee has sufficient information to determine that a dog is
potentially dangerous as defined by Spokane County Code Section 5.04.020, the animal control director
or designee shall make a preliminary declaration that the dog is potentially dangerous.
In the event a preliminary determination is made that the dog is potentially dangerous, animal control
shall notify the dog owner or keeper in writing, either by personal delivery, or by regular mail.
Any notice or determination mailed pursuant to this section shall be deemed received by the party to
which it is addressed on the third day after it is placed in the mail, as set forth by declaration of the
sender.
B. The notice must state:
1. The statutory basis for the proposed action; •
2. A description of the dog for which the declaration is sought (breed, color, sex and license
number, if any);
3. The reasons the animal control director or designee considers the animal potentially
dangerous;
4. A statement that the registration and controls set forth in subsection D of this section may
apply;
5. An explanation of the owner's or keeper's opportunity and right, pursuant to subsection (C)(1)
of this section, to participate in an administrative review with the animal control director or designee to
present information on why the dog should not be declared potentially dangerous;
6. A statement, pursuant to subsection (C)(2) of this section, that a failure by the dog owner or
keeper to request and attend an administrative review with the animal control director or designee shall
constitute a failure to exhaust all administrative remedies, and that such failure to exhaust all
administrative remedies shall preclude any appeal of the administrative determination to the hearing
examiner or to court; and
7. An explanation of the owner's or keeper's rights and the proper procedure for appealing a
declaration that a dog is potentially dangerous, including an appeal form.
C. Administrative Review After Preliminary Administrative Determination.
1. Preliminary Determination of Potentially Dangerous Dog. Prior to the animal control director
or designee issuing a final determination that a dog is potentially dangerous, the animal control director
or designee shall notify the owner or keeper in writing that he or she may request in writing to meet with
the animal control director or designee for an administrative review meeting within 15 calendar days
following receipt of the notice, at which administrative review meeting the owner or keeper may give,
orally or in writing, any reasons or information as to why the dog should not be declared potentially
dangerous. Once an administrative review meeting is requested in writing by the owner or keeper, the
animal control director or designee shall provide written notice to the owner or keeper of the date, time
and place of the administrative review meeting. Administrative review meetings may be conducted
telephonically.
Ordinance 08-001 Page 3 of 5
2. A failure by the dog owner or keeper to request and attend an administrative review meeting
with the animal control director or designee shall constitute a failure to exhaust all administrative
remedies, and such failure to exhaust all administrative remedies shall preclude any appeal of the
administrative determination to the hearing examiner or to court.
3. After such administrative review meeting, the animal control director or designee shall issue a
final determination, in the form of a written order, within 15 calendar days of the administrative review
meeting. In the event the animal control director or designee declares a dog to be potentially dangerous,
the order shall include a recital of the authority for the action, a brief concise statement of the facts that
support the determination, and the signature of the person who made the determination.
4. An order determining a dog is potentially dangerous shall be delivered to the dog owner or
keeper in writing, either by personal delivery or by regular mail.
D.The owner or keeper of a dog determined to be potentially dangerous under this chapter shall
comply with certain requirements, which may include, but are not limited to, the following:
1. Erection of new or additional fencing to keep the dog within owner's or keeper's property;
2. Construction of a dog run consistent with the size of the dog within which the dog must be
kept;
3. Microchip identification, as set forth in Spokane County Code Section 5.04.036;
4. Keeping the dog on a leash adequate to control the dog or securely fastened to a secure object
when left unattended;
5. Keeping the dog indoors at all times, except when on a leash adequate to control the dog and
under the actual physical control of a competent person at least 15 years of age; and
6. The posting of the premises with at least one clearly visible warning sign that there is a
potentially 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 potentially dangerous dog.
E. The owner or keeper of a dog subject to a declaration that their dog is potentially dangerous may
appeal the final written determination to the hearing examiner within 15 days after issuance of the
decision by filing a notice of appeal with the animal control authority, subject to the limitation stated in
subsection (C) of this section. The hearing examiner may adopt appropriate hearing procedures where
procedures are not otherwise provided herein. The hearing shall be held within 20 days after receipt of
the notice of appeal, unless it is continued for good cause shown. The animal control director or designee
shall notify the owner or keeper in writing of the date, time and location of the appeal hearing before the
hearing examiner, and said notice shall be received at least five days before the hearing. The appeal
hearing shall be recorded, and the hearing examiner may allow testimony and documents that are relevant
to the administrative determination that the dog is potentially dangerous. The owner or keeper of the dog
may require, by at least two days written notice, for the officer compiling the record to be present at the
hearing. The owner or keeper of the dog may present evidence and examine witnesses present. The
burden shall be on Spokane County animal control director to establish by a preponderance of the
evidence that the dog is a potentially dangerous dog.
F. The hearing examiner shall issue a written decision, and mail a copy of the decision to the dog
owner or keeper,and to the animal control director or designee,within 15 days of the appeal hearing. The
hearing examiner's decision shall accept, reject or modify the administrative determination that a dog is
potentially dangerous, and shall include findings of fact and conclusions of law that support the decision.
The decision shall be given the effect of a final decision by the city council, and shall state that the
decision may be appealed to superior court pursuant to Chapter 7.16 RCW within 20 days from the date
the decision was received.
Ordinance 08-001 Page 4 of 5
Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause
or phrase of this Ordinance.
Section 5. Effective Date. This Ordinance shall become effective thirty days after
publication of the ordinance, or a summary thereof, in the official newspaper of the City.
Adopted this 22"d day of January, 2008.
City of Spokane Valley
Ape,
Mayor, Ri lard unson
ATTEST:
City Clerk, Christine Bainbridge
Approved as to Form:
/ ,e0
Office of the City Attorney
4
Date of Publication: / -4r
Effective Date:
•
Ordinance 08-001 . Page 5 of 5