A. Definitions.

"Potentially dangerous dog" means any dog that when unprovoked: inflicts bites on a human or a domestic animal either on public or private property, or chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise threaten the safety of humans or domestic animals.

"Dangerous dog" means any dog that:

(a) inflicts severe injury on a human being without provocation on public or private property,

(b) kills a domestic animal without provocation while the dog is off the owner’s property,

(c) when unprovoked inflicts more than one bite on a human being during a single incident or exhibits continued aggressive behavior towards human beings following an incident in which the dog has bitten a human being, or

(d) has been previously found to be potentially dangerous by the animal control officer, the owner having received written notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals. Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a wilful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.

"Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

"Proper enclosure of a dangerous dog" means, while on the owner’s property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.

B. Certificate of Registration.

(1) The director of community and economic development or his designee shall issue a certificate of registration to the owner of a dangerous dog if the owner presents to the animal control unit sufficient evidence of:

a. A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible sign warning 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;

b. A surety bond issued by a surety insurer qualified under RCW Chapter 48.28 in a form acceptable to the city attorney, in the sum of at least two hundred and fifty thousand dollars, payable to any person injured by the dangerous dog; or

c. A policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least two hundred and fifty thousand dollars in a form acceptable to the city attorney, insuring the owner for any personal injuries inflicted by the dangerous dog.

(2) Prior to the issuance of any certificate of registration the director of finance and budget or his designee shall collect from the owner of any dangerous dog a registration fee of one hundred dollars;

(3) The certificate of registration shall expire one year after its issuance and it shall be renewable under the same terms and conditions as governed by its previous issuance.

C. Confiscation of Dangerous Dog. Any dangerous dog shall be immediately confiscated by the animal control officer or any law enforcement officer if the dog is not validly registered under subsection B of this section if the owner does not secure and maintain the liability insurance coverage or bond required under subsection B of this section or the dog is not maintained in the proper enclosure; or the dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of the responsible person. (Ord. 2004-31 § 8, 2004: Ord. 2002-48 § 1, 2002: Ord. 3164 § 4, 1989; Ord. 3035 § 1, 1987).