Ordinance 15-001 Dangerous Dog Amendments CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 15-001
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTIONS 7.30.035,
7.30.040, AND 7.30.045, RELATING TO DANGEROUS DOG DETERMINATION APPEALS,
POTENTIALLY DANGEROUS DOG DETERMINATION APPEALS, REGISTRATION OF
DANGEROUS DOGS,AND OTHER MATTERS RELATING THERETO.
WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code
sections 7.30.035 relating to appeals of dangerous dog determinations, 7.30.040 relating to appeals of
potentially dangerous dog determinations, and 7.30.045 relating to registering dangerous dogs; and
WHEREAS, the City is a party to an interlocal agreement with Spokane County whereby
Spokane County will provide animal control services within the geographic boundary of the City; and
WHEREAS, attachment I to that interlocal agreement contains a provision requiring that "the
City shall adopt and keep current by appropriate legislative action an Animal Control Ordinance
substantially identical to that adopted by the County as it presently exists or as it may hereinafter be
modified/amended, to include all licenses/fees/penalties. This responsibility shall not be deemed a
restriction on the City's legislative power."; and
WHEREAS, Spokane County recently amended provisions within Spokane County Code 5.04
relating to determinations that a dog is either dangerous or potentially dangerous, as well as to provisions
relating to requirements for registering a dog that has been deemed dangerous by the Spokane County
Animal Control Director; and
WHEREAS, the City desires to make its Code provisions regarding these topics consistent with
Spokane County's Code provisions, and to make some additional, editorial but non-substantive changes;
and
WHEREAS, the proposed changes are in the best interest of the health, safety and welfare of the
citizens of the City.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as
follows:
Section 1. Amendment. Spokane Valley Municipal Code 7.30.010 is hereby amended as follows:
7.30.010 Animal control regulations.
A. Pursuant to RCW 35A.11.020 and 35A.12.140, the City of Spokane Valley adopts by reference
chapter 5.04, entitled "Dogs and Cats," and Chapter 5.12, entitled "Inherently Dangerous
Mammals/Reptiles," of the Spokane County Code as now in effect and as subsequently amended as the
animal control regulations for the City of Spokane Valley, except as specifically set forth in SVMC
7.30.035 relating to appeals of decisions of whether a dog is dangerous, and except as specifically set
forth in SVMC 7.30.040 relating to appeals of decisions of whether a dog is potentially dangerous, and
Ordinance 15-001 Amending SVMC 7.30 Page 1 of 8
except as specifically set forth in SVMC 7.30.045 relating to registration of dangerous dogs, and
repealing the City's adoption of Spokane County Code 5.04.032, 5.04.033 and 5.04.035; any reference to
"Spokane County" in chapters 5.04 and 5.12 of the Spokane County Code shall be construed to refer to
the City of Spokane Valley.
B. Pursuant to RCW 35A.11.020 and 35A.12.140, the City of Spokane Valley adopts by reference
5.04.030 of the Spokane County Code, entitled "Cat License — Required," as now in effect and
subsequently amended. Any reference to "Spokane County" shall be construed to refer to Spokane
Valley.
Section 2. Amendment. Spokane Valley Municipal Code 7.30.020 is hereby amended as follows:
7.30.020 Copy to be available.
One copy of chapters 5.04 and 5.12 of the Spokane County Code shall be available in the office of the
city clerk for use, inspection and copying by the public.
Section 3. Amendment. Spokane Valley Municipal Code 7.30.035 is hereby 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 pursuant to Spokane County Code 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 SVMC 7.30.035 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 shall 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 15-001 Amending SVMC 7.30 Page 2 of 8
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 SVMC 7.30.035, 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 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 pursuant
to SVMC 7.30.045. The owner or keeper shall have 15 days from the date the dog was declared
dangerous to register the dog or appeal the determination pursuant to SVMC 7.30.035(F). If the owner or
keeper fails to register the dog or appeal the determination, the dog shall be euthanized at the direction of
the animal control director or designee. If the owner or keeper appeals the dangerous dog declaration,
pursuant to SVMC 7.30.035(F), pending the outcome of the appeal, the dog shall be held 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 pursuant to SVMC
7.30.040(D). The decision shall be given the effect of a final decision by the City Council, and shall state
Ordinance 15-001 Amending SVMC 7.30 Page 3 of 8
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 shall be registered provisionally
pursuant to SVMC 7.30.045(G) or pending the outcome of the appeal, the dog will be held at the shelter
at the owner's expense, at a rate established by the animal control authority.
G. A dangerous dog's owner or keeper who violates any condition imposed under SVMC 7.30.035 shall
be guilty of a gross misdemeanor.
Section 4. Amendment. Spokane Valley Municipal Code 7.30.040 is hereby 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 pursuant to Spokane County Code 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 SVMC 7.30.040 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 shall 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 pursuant to SVMC 7.30.040(D) may apply;
5. An explanation of the owner's or keeper's opportunity and right, pursuant to SVMC
7.30.040(C)(1),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 SVMC 7.30.040(C)(2), 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
Ordinance 15-001 Amending SVMC 7.30 Page 4 of 8
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.
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 pursuant to SVMC 7.30.040
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 the owner's or keeper's property;
2. Construction of a dogrun consistent with the size of the dog within which the dog must be kept;
3. Microchip identification, pursuant to Spokane County Code 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 pursuant to
SVMC 7.30.040(C). 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
Ordinance 15-001 Amending SVMC 7.30 Page 5 of 8
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 the 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.
G. A potentially dangerous dog's owner or keeper who violates any of the conditions imposed under
SVMC 7.30.040 shall be guilty of a misdemeanor.
Section 5. Amendment. Spokane Valley Municipal Code 7.30.045 is hereby amended as follows:
7.30.045 Registration of dangerous dogs—Requirements—Annual fee.
A. The owner or keeper of a dangerous dog shall obtain a certificate of registration for such animal from
Spokane County animal control within 15 days of a declaration of dangerous dog or within 15 days of the
appeal decision if appealed pursuant to SVMC 7.30.035. No dangerous dog shall be returned by Spokane
County animal control to anyone prior to the issuance of the certificate of registration. The certificate of
registration shall be issued only if the owner or keeper of the dangerous dog presents sufficient proof at
the discretion of the animal control director of some or all of the following:
1. A proper enclosure to confine a dangerous dog and posting of the premises with a clearly visible
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;
2. A surety bond pursuant to RCW 16.08.080 as adopted or amended, issued by a surety insurer
qualified pursuant to chapter 48.28 RCW in a form acceptable to Spokane County animal control in
the sum of at least $250,000, payable to any person injured by the dangerous dog, regardless of
whether the injury occurs on or off the owner's or keeper's premises. Said surety bond shall provide
for prior written notification to Spokane County animal control of cancellation or material change; or
A policy of liability insurance pursuant to RCW 16.08.080 as adopted or amended, such as
homeowner's insurance, issued by an insurer qualified pursuant to RCW Title 48 in the amount of at
least $250,000, with a maximum $500.00 deductible, insuring the owner or keeper for any personal
injuries inflicted by the dangerous dog regardless of whether the injury occurs on or off the owner's
or keeper's premises. Said policy of liability insurance shall provide for prior written notification to
Spokane County animal control of cancellation or material change, payable to any person for personal
injuries;
Prior to the issuance of a certificate of registration, the owner or keeper of a dangerous dog shall also
furnish to Spokane County animal control a complete copy of the surety bond or policy of liability
insurance pursuant to SVMC 3.70.045(A)(2), and shall allow Spokane County animal control a
reasonable time to review the bond or policy to determine whether the liability coverage is sufficient;
Ordinance 15-001 Amending SVMC 7.30 Page 6 of 8
3. A muzzle and leash for the dangerous dog which has been approved by Spokane County animal
control;
4. Keeping the dog indoors at all times, except when on a leash approved by Spokane County animal
control, and under the actual physical control of the owner or keeper or a competent person at least 15
years of age;
5. Keeping the dog muzzled in a manner that will not cause injury to the dog or interfere with its
vision or respiration, but will prevent it from biting any person or animal when outside a proper
enclosure;
6. A microchip implant injected for identification purposes pursuant to Spokane County Code
5.04.036; and
7. The dangerous dog shall be spayed/neutered at the owner's expense to complete the registration. If
the dangerous dog has previously been spayed/neutered, the owner or keeper of the dangerous dog
shall provide sufficient proof of such spaying/neutering promptly to Spokane County animal control.
Any impounded dangerous dog may be transported by Spokane County animal control to a
veterinarian for spaying/neutering as part of the registration process.
B. In addition to the regular dog licensing fees pursuant to Spokane County Code 5.04.030, the owner or
keeper of a dangerous dog shall pay an annual registration fee in the amount of$100.00. The registration
shall be valid for 12 months. Dangerous dog registration shall be renewed every 12 months. A re-
inspection of the facility is required prior to renewal. Prior to re-registration, the owner or keeper shall
also provide Spokane County animal control proof of proper insurance or a surety bond pursuant to
SVMC 7.30.045(A).
C. SVMC 7.30.045 shall not apply to police dogs as defined in RCW 4.24.410.
D. The owner or keeper of a dangerous dog shall notify Spokane County animal control, in writing, if the
dog is deceased, if the dangerous dog is to be relocated, or if there is a change in ownership. In the event
of a change of ownership and/or relocation of the dangerous dog, the owner or keeper shall provide
Spokane County animal control with at least 10 day's prior written notice that includes the complete
address and phone number of the new owner or keeper prior to the change of ownership and/or relocation
of the dangerous dog. The owner or keeper of the dangerous dog shall also notify any subsequent owner
or keeper of the dog's designation as a dangerous dog. If change of ownership and/or relocation of a
dangerous dog is within Spokane County, all conditions imposed pursuant to SVMC 3.70.045 shall be in
place for the new owner and at the new location prior to such change.
E. Dogs deemed dangerous by other jurisdictions in the state of Washington shall be subject to the same
regulations as if they have been deemed dangerous in Spokane County. Dogs deemed dangerous by
jurisdictions outside of the state of Washington, whose owner or keeper seeks to relocate to the City,
shall present such dog for evaluation by the Spokane County animal control director or designee, who
may, on an individual basis, declare the animal dangerous pursuant to Spokane County Code 5.04.020(9).
Dogs meeting the requirements of a dangerous dog pursuant to Spokane County Code 5.04.020(9) shall
be registered as such, and are subject to all other restrictions imposed pursuant to SVMC 7.30.045.
F. An owner or keeper of a dog previously deemed dangerous by Spokane County animal control and
subsequently relocated outside Spokane County, shall register the dog pursuant to SVMC 7.30.045 prior
to bringing the dog into the City. Such dogs are prohibited from re-entering the City without prior written
consent from Spokane County animal control and/or full re-registration.
Ordinance 15-001 Amending SVMC 7.30 Page 7 of 8
G.Notwithstanding any other provision in SVMC 7.30.045, the animal control director may issue a
provisional registration certificate under the following circumstances:
1. The dangerous dog declaration has been appealed pursuant to SVMC 7.30.035, provided all
conditions pursuant to SVMC 7.30.045 have been met, with the exception of SVMC 7.30.045(A)(5)
requiring spay/neuter; or
2. The owner is relocating the dangerous dog outside Spokane County and all conditions pursuant to
SVMC 7.30.045 have been met with the exception of SVMC 7.30.045(A)(2) requiring surety bond or
liability insurance.
A provisional permit issued pursuant to SVMC 7.30.045(G)(1) shall expire 15 days following the appeal
decision. A provisional permit issued pursuant to SVMC 7.30.045(G)(2) shall be valid for the sole
purpose of immediate transport and relocation of the dangerous dog from the shelter to a location outside
Spokane County.
H. A dangerous dog's owner or keeper who violates any conditions imposed pursuant to SVMC 7.30.045
shall be guilty of a gross misdemeanor.
Section 6. 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 7. Effective Date. This Ordinance shall be in full force and effect five days after publication
of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as
provided by law.
Passed by the City Council this 27th day of January, 2015.
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can Grafos, May,017
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Christine Bainbridge, City Clerl¢
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Approved As To Form:
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Office oft e City Attorney
Date of Publication: February 6, 2015
Effective Date: February 11, 2015
Ordinance 15-001 Amending SVMC 7.30 Page 8 of 8