6.12.020 Failure to control an animal declared potentially dangerous.
A. Prohibited Ownership. No person(s) under the age of 18 years old shall own a potentially dangerous animal, as defined in GHMC 6.04.020(W).
B. Change of Ownership, Custody, and/or Residence. Owners of an animal that has been declared potentially dangerous who sell, barter, or otherwise transfer the ownership, custody, or residence of the animal shall, within 14 calendar days of the change, inform the animal control authority in writing of the name, address, and telephone number of the new owner, and/or the address of the new residence where the animal is located. Such notice shall also include the name, description, and license number of the animal. In the event the ownership and/or custody of the animal changes, the owner shall notify the new owner in writing of the details of the animal’s record relating to being declared potentially dangerous and the terms and conditions of the declaration. The owner shall also provide the animal control authority with a copy of the written notification that shall contain a notarized statement by the new owner acknowledging receipt of the original notification.
C. Failure to Abide by Restraints. Failure on the part of the owner(s) of a potentially dangerous animal to abide by the restraints placed upon the owner(s) or their animal by the animal control authority, municipal court hearing examiner, district court, or superior court may result in impoundment of the potentially dangerous animal by the animal control authority as well as further punitive action pursuant to this section.
D. Misdemeanor. When an animal has been previously declared potentially dangerous by a court, animal control authority or municipal court hearing examiner, the owner of the potentially dangerous animal shall be guilty of a misdemeanor if such animal is thereafter found:
1. At large;
2. To have, when unprovoked, inflicted a bite(s) upon a human, pet, or livestock either on public or private property;
3. To have chased or approached a person upon the streets, sidewalks, or any other public grounds in such a manner as to significantly threaten the safety of humans, pets, or livestock; or
4. To have caused injury to or otherwise threatened the safety of humans, pets, or livestock. This section shall not preclude immediate criminal prosecution under RCW 16.08.100 in a first bite situation causing severe injury or death of any human.
E. Impoundment of Potentially Dangerous Animals. In the event that a potentially dangerous animal is impounded due to the owner’s failure to abide by the restraints imposed by the animal control authority, municipal court hearing examiner, district court, superior court or municipal court, the animal shall be forfeited to the animal control authority unless the owner of the animal makes a written request for a hearing before the municipal court hearing examiner in the same manner as an appeal pursuant to this section and GHMC 6.12.010(F).
The animal control authority shall give written notice to the owner of the potentially dangerous animal immediately after impound that the animal has been impounded. Such notice shall either be delivered personally or by regular and certified mail, return receipt requested. The notice shall state that the owner of the animal may appeal the forfeiture in writing to the municipal court hearing examiner, as long as the appeal is submitted to the municipal court within 21 days after the owner’s receipt of the notice.
If an appeal hearing is requested, the hearing must be scheduled to be heard within 21 calendar days from the city’s receipt of the request for a hearing, unless otherwise agreed to by the animal owner. The municipal court hearing examiner shall provide written notice of the hearing date and time to the owner of the animal and to the animal control authority. Such notice must be provided at least seven calendar days prior to the scheduled hearing. The municipal court hearing examiner shall determine whether it is in the best interest of the community that the animal should be returned to the owner, or forfeited by the owner to the animal control authority. (Ord. 1034 § 9, 2006).