Ordinance 13-005 amends dangerous dog CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 13-005
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 1 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 the County Code relating to
appeals of 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 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 section 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 as defined by Spokane County Code Section 5.04.020, the animal control director or
designee shall make a preliminamy declaration that the dog is dangerous.
Ordinance 13-005 Dangerous Dog Page 1 of 8
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.
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 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
Ordinance 13-005 Dangerous Dog Page 2 of 8
(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 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 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.
G. An owner or keeper of a dangerous dog who violates any conditions imposed under this section
shall be guilty of a gross misdemeanor.
Section 2. Amendment. Spokane Valley Municipal Code section 7.30.040 is hereby amended as
follows:
7.30.040 Declaration of potentially dangerous dog determination—Appeals relating thereto.
Ordinance 13-005 Dangerous Dog Page 3 of 8
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.
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.
Ordinance 13-005 Dangerous Dog Page 4 of 8
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 tender 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 the 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 Ieft 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 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
Ordinance 13-005 Dangerous Dog Page 5 of 8
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. An owner or keeper of a potentially dangerous dog who violates any of the conditions imposed
under this section shall be guilty of a misdemeanor.
Section 3. Amendment. Spokane Valley Municipal Code section 7.30.045 is hereby amended as
follows:
7.30.045 Registration of dangerous clogs—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 as provided in 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 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 as required by RCW 16.08.080 as adopted or amended, issued by a surety
insurer qualified under 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 as required by RCW 16.08.080 as adopted or amended, such as
homeowner's insurance, issued by an insurer qualified under RCW Title 48 in the amount of at
least$250,000, with a maximum $500 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;
In addition, the owner or keeper of a dangerous dog shall furnish to Spokane County animal
control a complete copy of the surety bond or policy of liability insurance specified in this
subsection, and shall allow Spokane County animal control a reasonable time to review the bond
or policy to determine whether the liability coverage is sufficient, prior to issuing the certificate
of registration;
3. A muzzle and leash for the dangerous dog which has been approved by Spokane County
animal control;
Ordinance 13-005 Dangerous Dog Page 6 of 8
4. A microchip implant injected for identification purposes pursuant to Spokane County Code
Section 5,04.036; and
5. 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 set forth in Spokane County Code Section 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 will 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. The owner or keeper shall also
provide Spokane County animal control proof of proper insurance or a surety bond as specified in
subsection(A)of this section prior to re-registration.
C. This section 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 or 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 days 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 under this
subsection 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 under this section 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, and seeking to re-locate to the City, shall be
presented for evaluation by Spokane County animal control, and may be declared dangerous by the
animal control director or his or her designee on an individual basis, taking into account the criteria
established by Spokane County Code Section 5.04.020(8). Dogs meeting the requirements of a
dangerous dog under Spokane County Code Section 5.04.020(8) shall be registered as such, and are
subject to all other restrictions imposed under this section.
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 this section 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 13-005 Dangerous Dog Page 7 of 8
G. Notwithstanding any other provision in this section, 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 of this section have been met with the exception of subsection (A)(5) of this section
requiring spay/neuter,or
2. the owner is relocating the dangerous dog outside Spokane County and all conditions of this
section have been met with the exception of subsection (A)(2) of this section requiring surety
bond or liability insurance.
A provisional permit issued pursuant to subsection SVMC 7.30.045(G)(1) shall expire 15 days
following the appeal decision. A provisional permit issued pursuant to subsection 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. An owner or keeper of a dangerous dog who violates any conditions imposed under this section
shall be guilty of a gross misdemeanor.
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 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 this 28th day of May,2013,
•ATTE Mayor,Thoma .Toe
/45)-^C;
City Clerk, Christine Bainbridge
Ap .Ted As
/cell /
Office oflthe City itiomey
Date of Publication: June 7,2013
Effective Date: June 12,2013
Ordinance 13-005 Dangerous Dog Page 8 of 8