City of Spokane

Spokane Municipal Code

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Title 10
Chapter 10.03
Section 10.03.050
 

Title 10 Regulation of Activities

Division I. Penal Code

Chapter 10.03 Offenses Involving Animals

Section 10.03.050 Dangerous Dog – Confiscation
  1. An animal protection officer shall immediately confiscate a dangerous dog if:

    1. it is not validly registered under SMC 10.03.020; or

    2. it is not maintained in the proper enclosure; or

    3. its owner does not have the surety bond or liability insurance required by SMC 10.03.020; or

    4. it is at large as defined in SCC 5.04.020 (6); or

    5. it, after being declared and registered as a dangerous dog, engages in subsequent conduct that would qualify the dog as a potentially dangerous dog or dangerous dog as prescribed in SCC section 5.04.020.

  2. If a dangerous dog has been confiscated because it is in violation of subsection (A)(4) or (A)(5) of this section, the animal control authority quarantines the dog for fifteen (15) days and thereafter causes the dog to be destroyed in an expeditious and humane manner unless the owner or keeper files an appeal pursuant to subsection (D) of this section. The animal protection officer shall serve the owner or keeper of the dog with notice that the dog has been confiscated, either in person or by regular and certified mail, return receipt requested. Service, if by mail, shall be considered completed three days after mailing of the notice. The notice shall state:

    1. the reason(s) for the confiscation,

    2. a statement that the dog will be quarantined for the fifteen (15) days and thereafter euthanized in an expeditious and humane manner, and

    3. an explanation of the owners or keeper's rights and proper procedure to appeal the confiscation and pending euthanasia.

  3. If a dangerous dog is confiscated because it is in violation of subsection (A)(1), (A)(2) or (A)(3) of this section, and if the animal is licensed, the animal control authority shall serve the owner or keeper of the dog with notice that the dog has been confiscated, either in person or by regular and certified mail, return receipt requested. Service, if by mail, shall be considered completed three (3) days after mailing of the notice.
    The notice shall state:

    1. The reason(s) for the confiscation,

    2. That the owner or keeper is responsible for payment of the costs of confinement and control prior to the dog being released,

    3. That the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within fifteen (15) days, and

    4. An explanation of the owners or keeper's rights and proper procedure to appeal the confiscation and pending euthanasia.

  4. Appeal of Dangerous Dog Confiscation and/or Pending Euthanasia.

    1. The owner or keeper of a dangerous dog may appeal the confiscation and/or pending euthanasia of his dog to the City’s hearing examiner.

    2. An appeal must be filed with the hearing examiner’s office within fifteen (15) days of service of notice that the dog has been confiscated.

    3. If the confiscation is for violations of subsection (A)(4) or (A)(5) of this section, the sole issue to be appealed to the hearing examiner is whether the dog was in violation of subsection (A)(4) or (A)(5) of this section. It shall not be relevant to the appeal whether the owner has been charged and/or convicted pursuant to RCW 16.08.100(2) or (3).

    4. The hearing examiner’s decision may be appealed to the Spokane County superior court within twenty (20) days from the date the decision is issued.

  5. If a dangerous dog is at large as defined in SCC 5.04.020 (6) in violation of SCC 5.04.070 (12), in addition to confiscation of the dog as provided in subsection (A) of this section, the owner is guilty of a gross misdemeanor, as set forth in SCC 5.04.071 (12).

  6. In the event the director, or designee, has sufficient information to determine a dog is dangerous and may pose a threat of serious harm to human beings or animals, the director, or designee, shall seize and impound the dog pending notice, hearings, appeals and other determinations hereunder. The owner or keeper of the dog shall be liable to the animal control authority for the costs and expenses of keeping such dog, unless a finding is made that the dog is neither a dangerous dog nor a potentially dangerous dog.

Date Passed: Monday, January 12, 2015

Effective Date: Wednesday, February 25, 2015

ORD C35217 Section 2