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Ordinance 07-003 Amending SVMC: Dangerous Dogs CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.07-003 AN ORDINANCE AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTION 7.30.010, REPEALING SPOKANE VALLEY MUNICIPAL CODE SECTION 7.30.030, AND ADOPTING NEW SECTION 7.30.035 RELATING TO DANGEROUS DOG DETERMINATIONS AND APPEALS RELATED THERETO, ADOPTING NEW SECTION 7.30.040 RELATING TO POTENTIALLY DANGEROUS DOG DETERMINATIONS AND APPEALS RELATED THERETO, AND ADOPTING NEW SECTION 7.30.045 RELATING TO REGISTRATION OF DANGEROUS DOGS IN THE CITY OF SPOKANE VALLEY. WHEREAS, the City of Spokane Valley previously adopted Spokane County's regulations by reference relating to licensing and control of dogs and cats; and WHEREAS, the City of Spokane Valley currently contracts by interlocal agreement with Spokane County to provide animal control services; and WHEREAS, the Spokane County Commissioners previously provided review of administrative determinations relating to dangerous dogs and potentially dangerous dogs, but recently notified the City of Spokane Valley that they could no longer do so; and WHEREAS, the City of Spokane Valley desires to have a Hearing Examiner consider appeals of administrative determinations regarding dangerous dogs and potentially dangerous dogs, with any appeals from those decisions taken to superior court. 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 repeal and replace the existing regulations relating to the keeping of dangerous dogs and potentially dangerous dogs, and the registration requirements of dangerous dogs in the City of Spokane Valley. Section 2. Amending Spokane Valley Municipal Code section 7.30.010: SVMC 7.30.010 is amended as follows: 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 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 sections 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. Section 3. Repealing Spokane Valley Municipal Code section 7.30.030: SVMC 7.30.030 is repealed in its entirety. Ordinance 07-003 Amending Dangerous Dog Appeal Procedures Page 1 of 7 Section 4. Adopting New Section SVMC 7.30.035 Providing for Declarations Relating to Dangerous Dogs, and an Appeal Process Relating Thereto. The City of Spokane Valley adopts a new section to the Spokane Valley Municipal Code, 7.30.035 entitled "Declaration of Dangerous Dog Determination-Appeals Relating Thereto,"which is set forth as follows: 7.30.035 Declaration of Dangerous Dog Determination-Appeals Relating Thereto (1) 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 this Chapter 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. (2)The notice must state: (a) the statutory basis for the proposed action; (b) a description of the dog for which the declaration is sought(breed,color, sex and license number, if any); (c) the reasons the animal control director or designee considers the animal dangerous; (d) if the dog has been determined to be dangerous , then the controls stated in SVMC 7.30.045 shall apply; and (e) an explanation of the owner's or keeper's rights and the proper procedure for appealing a declaration a dog is dangerous, including an appeal form. (3) Administrative review after preliminary administrative determination: (a) 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 fifteen 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 fifteen-day time period set forth in this section, and shall be on a date and time acceptable to the animal control director or designee. (b) After such administrative review meeting, the animal control director or designee shall issue a final determination, in the form of a written order, within fifteen 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 Ordinance 07-003 Amending Dangerous Dog Appeal Procedures Page 2 of 7 the facts that support the determination, and the signature of the person who made the determination. (c) 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. (4) 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 fifteen days from the date the dog was declared dangerous to register the dog or appeal the determination pursuant to subsection (6), below. 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 (6) below, 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. (5) 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 fifteen days after issuance of the decision by filing a notice of appeal with the animal control authority. The hearing shall be held within twenty 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. (6) 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 fifteen 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(4). 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 RCW 7.16 within twenty 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 5. Adopting New Section SVMC 7.30.040 Providing for Declarations Relating to Potentially Dangerous Dogs, and an Appeal Process Relating Thereto. The City of Spokane Valley adopts a new section to the Spokane Valley Municipal Code, 7.30.040 entitled "Declaration of Potentially Dangerous Dog Determination-Appeals Relating Thereto,"which is set forth as follows: 7.30.040 Declaration of Potentially Dangerous Dog Determination - Appeals Relating Thereto Ordinance 07-003 Amending Dangerous Dog Appeal Procedures Page 3 of 7 (1) 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 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. (2)The notice must state: (a) the statutory basis for the proposed action; (b) a description of the dog for which the declaration is sought(breed,color, sex and license number, if any); (c) the reasons the animal control director or designee considers the animal potentially dangerous; (d) a statement that the registration and controls set forth in subsection (4), below, may apply; (e) an explanation of the owner's or keeper's opportunity and right, pursuant to SVMC 7.30.040(3)(a), 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; (f) a statement,pursuant to SVMC 7.30.040(3)(b),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 (g) 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. (3) Administrative review after preliminary administrative determination: (a) 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 fifteen 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 07-003 Amending Dangerous Dog Appeal Procedures Page 4 of 7 (b) 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. (c) After such administrative review meeting, the animal control director or designee shall issue a final determination, in the form of a written order, within fifteen 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. (d) 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. (4) The owner or keeper of a dog determined to be potentially dangerous under this chapter shall comply with certain requirements,which may include,but is not limited to,the following: (a) erection of new or additional fencing to keep the dog within owner's or keeper's property; (b) construction of a dog run consistent with the size of the dog within which the dog must be kept; (c) microchip identification,as set forth in Spokane County Code section 5.04.036; (d) keeping the dog on a leash adequate to control the dog or securely fastened to a secure object when left unattended; (e) 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 fifteen years of age; and (f) 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. (5) 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 fifteen days after issuance of the decision by filing a notice of appeal with the animal control authority, subject to the limitation stated in SVMC 7.30.040(3)(c). The hearing shall be held within twenty 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. (6) 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 fifteen 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 RCW 7.16 within twenty days from the date the decision was received. Ordinance 07-003 Amending Dangerous Dog Appeal Procedures Page 5 of 7 Section 6. Adopting New Section SVMC 7.30.045 Providing for Registration of Dangerous Dogs—Requirements—Annual Fee. The City of Spokane Valley adopts a new section to the Spokane Valley Municipal Code, 7.30.045, entitled"Registration of Dangerous Dogs—Requirements—Annual Fee,"which is set forth as follows: SVMC 7.30.045—Registration of dangerous dogs—Requirements—Annual fee. (a) The owner or keeper of a dangerous dog must obtain a certificate of registration for such animal from animal control within fifteen days of a declaration of dangerous dog or within fifteen days of the appeal decision if appealed as provided in SVMC Section 7.30.035. No 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 the Spokane County animal control in the sum of at least two hundred fifty thousand dollars, payable to any person injured by the dangerous dog regardless of whether the injury occurs on or off the owner or keeper's premises;or (3)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 two hundred fifty thousand dollars, 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 or keeper's premises; and (4) A muzzle and leash for the dangerous dog. 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 liability insurance policy specified in subsection (A)(2) and (A)(3), and shall allow the County a reasonable time to review the bond or policy to determine whether the liability coverage is sufficient,prior to issuing the certificate of registration. (b) Dangerous dogs must be spayed/neutered within thirty days of registration. The owner or keeper of the dangerous dog shall provided sufficient proof of such spaying/neutering promptly to Spokane County animal control. (c)In addition to the regular dog licensing fees set forth in Section 5.04.030,the owner or keeper of a dangerous dog shall pay an annual registration fee in the amount of one hundred dollars. The registration will be valid for twelve months. (d)This section shall not apply to police dogs as defined in RCW Section 4.24.410. (e) The owner or keeper of a dangerous dog must 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 must provide Spokane County animal control with the complete address and Ordinance 07-003 Amending Dangerous Dog Appeal Procedures Page 6 of 7 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 must also notify any subsequent owner or keeper of the dog's designation as a dangerous dog. (f) Dogs deemed dangerous by other jurisdictions in the state of Washington will 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 will be evaluated and declared dangerous by the animal control director or his or her designee on an individual basis to determine whether they meet the requirements of a dangerous dog, taking into account the criteria established by Section 5.04.020(8). Dogs meeting the requirements of a dangerous dog under this subsection must be registered as such, and are subject to all other restrictions imposed under this section. (g) Dangerous dog registration must be renewed every twelve months. A reinspection of the facility is required prior to renewal. The owner or keeper shall also provide Spokane County animal control proof of proper insurance as specified in subsection(A)of this section prior to re- registration. Section 7. 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 8. 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 6th day of February,2007. ATTESTS City of Spokane Valley da ristine Bainbridge,City Clerk 11\kati Mayor,Diana Wilhite 1 a-ta 9 1/4 M-A. r Approved as to Form: a. f Office 4 he City ey Date of Publication: c -/&.-o 2 Effective date: 3-l.-7 9 Ordinance 07-003 Amending Dangerous Dog Appeal Procedures Page 7 of 7