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Dog Bite Laws in Coeur d’Alene

The following are the legal dog bite laws in Coeur d'Alene, Idaho. Please check the following link to city ordinances for any updates or changes to the laws:(http://www.sterlingcodifiers.com/codebook/index.php?book_id=603Title 6, Animals)

Administration

Purpose

The purpose of this title is to encourage responsible animal ownership, to protect the citizens of Coeur d'Alene from the negative effects of irresponsible animal ownership, to reduce the potential for conflicts associated with urban wildlife, and to protect animals from abuse and neglect, which can lead to animal behavior that endangers the health, safety and welfare of the citizens of Coeur d'Alene. (Ord. 3383 §2, 2010)

Definitions

Unless the context indicates otherwise, the following terms, used in this title, have the following meanings:

AGGRESSIVE DOG: A dog:

  1. Shown to have displayed behavior that threatens the physical safety of a person or domestic animal, such as barking or chasing in a menacing manner, lunging, growling, snarling, and baring teeth; or
  2. That, without provocation, bites or by its aggressive actions, causes injury to a person or domestic animal; or
  3. Charges, chases, or threatens a person in any way that would cause a reasonable person to be fearful.
  4. Exceptions: A dog will not be deemed aggressive if:
  5. It bites or attacks anyone assaulting the owner, a trespasser on the property of the owner, or any person or other animal who has tormented or abused it; or
  6. It is acting in defense of an attack from a person or other animal upon the owner or other person; or
  7. It is a dog or other animal used by the police department or other law enforcement agency.

AGGRESSIVELY BITES: Any bite that tears or punctures the skin and is accompanied by an attack where the dog exhibits one or more of the following behaviors: chasing, barking in a menacing manner, snarling, baring teeth, growling, barking, snapping, pouncing, lunging, multiple attacks, multiple lunges, or multiple bites.

ANIMAL CONTROL HEARING OFFICER: The employee or other appointee of the city who is appointed to hear appeals under this title.

ANIMAL CONTROL IMPOUND FACILITY: The facility where animals that are impounded pursuant to this title are held.

ANIMAL CONTROL OFFICER(S): Those persons hired and authorized by the city to enforce the provisions of this title and to perform the duties set forth herein for animal control officers including police officers.

ATTRACTANT(S): Any substance, including, but not limited to, food, garbage, or salt lick, which draws wildlife to a particular location.

BITE: A puncture, tear, or abrasion of the skin inflicted by the teeth of an animal.

DANGEROUS DOG: A dog:

  1. With a known propensity, tendency, or disposition to attack unprovoked, to cause injury to, or to otherwise endanger the safety of humans or domestic animals; or
  2. That aggressively bites any person or any domestic animal or kills or caused the death of a domestic animal; or
  3. Any dog owned or harbored primarily or in part for the purpose of dogfighting, or any dog trained for dogfighting; or
  4. That has previously been classified as an aggressive animal and has been found running at large two (2) or more times.
  5. A dog will not be deemed dangerous if:
  6. It bites or attacks anyone assaulting the owner, a trespasser on the property of the owner, or any person or other animal who has tormented or abused it; or
  7. It is acting in defense of an attack from a person or other animal upon the owner or other person; or
  8. It is a dog used by the police department or other law enforcement agency.

POLICE CHIEF: The chief of police of the city of Coeur d'Alene or his/her designee.

PRIMARY ENCLOSURES: A separate enclosure or cage which segregates one animal or another animal or animals.

SERIOUS INJURY: Any physical injury that includes multiple bites, broken bones, serious disfigurement, or serious impairment of a bodily function, body member, organ, or mental faculty or involves a substantial risk of death, unconsciousness or extreme physical pain. This definition includes bites to a person's neck or stomach.

STERILIZED: An animal that has been surgically altered, either by the spaying of a female animal or by the neutering of a male animal, so it is unable to reproduce.

VICIOUS DOG: A dog will be considered vicious if the dog:

  1. Bites a person on two (2) or more occasions or on the first bite causes serious injury or death; or
  2. Has attacked domestic animals on two (2) or more occasions; or
  3. Was previously determined to be "dangerous" and has been found running at large two (2) or more times.
  4. An animal shall not be deemed vicious if:
  5. It bites or attacks anyone assaulting the owner, a trespasser on the property of the owner, or any person or other animal who has tormented or abused it; or
  6. It is acting in defense of an attack from a person or other animal upon the owner or other person; or
  7. It is a dog or other animal used by the police department or other law enforcement agency.

WILD ANIMALS: Animals, feral or not, native or not, generally living in a state of nature including, but not limited to, deer, elk, turkeys, ducks, geese, bears, mountain lions, lynx, bobcats, feral cats and other animals classified by the state of Idaho as wildlife. (Ord. 3383 §2, 2010)

Policies and Procedures

The police chief will establish and update, from time to time, written policies and procedures which implement the provisions of this title. (Ord. 3383 §2, 2010)

Powers and Duties

The police chief will employ and designate those persons within the police department who will perform the duties of animal control officers. Animal control officers are authorized to enforce the provisions of this title in all respects, including, but not limited to:

  1. The apprehension and impoundment of animals found in violation of this title; and
  2. Issuance of citations and/or notices of violation for any violations of this title. (Ord. 3383 §2, 2010)

Right of Entry for Enforcement

Any animal control officer is authorized to secure or take possession of any animal, in the presence and plain view of the officer, which is reasonably believed by such officer to be in violation of this title. Nothing in this section shall be interpreted to prohibit any animal control officer from entering property when otherwise authorized by law. (Ord. 3383 §2, 2010)

Interfering with Officers

It is unlawful for any person to knowingly and intentionally interfere with any animal control officer in the lawful discharge of his/her duties established by this title. (Ord. 3383 §2, 2010)

Fees Set by Resolution

All fees, civil penalties and/or deposits authorized by this title will be established by resolution of the city council. (Ord. 3383 §2, 2010)

Licensing

License Requirement and Fees

  1. All dogs must be licensed except:
  2. Dogs quartered in a pet shop or shelter and held for resale or adoption;
  3. Dogs whose owners are temporarily (up to 30 days) within the city if the dog's owner can produce evidence that the dog is currently licensed in another jurisdiction;
  4. Dogs under the age of six (6) months.

License applications must be submitted to the city clerk or his or her designee utilizing a standard form which requests name, address, and telephone number of the applicant; breed, sex, color of the dog, and length of permit sought (up to 3 years). The application must be accompanied by the established license fee, a rabies vaccination certificate that will be valid for the full term of the license and meets the requirements of section 6.15.150of this title, and proof of sterilization if the applicant wants to license the dog as sterilized. A fee will not be charged for licensing a dog trained and used to assist government officials in the performance of their duties that is owned by the government agency.

The license will be valid for up to three (3) years from the date of purchase, after which a citation for failing to obtain a license may be imposed. (Ord. 3447, 2012)

License Tag

  1. Upon receipt of a complete application and payment of the license fee, a certificate and tag will be issued for each dog licensed. The tag will be stamped with the license number on the certificate. The owner must attach the tag to the collar or harness of the dog and see that the collar and tag are constantly worn by the dog when it is off the owner's real property.
  2. License tags are not transferable from one dog to another or from one owner to another. No refunds will be made on any license fee for any reason whatsoever. Replacement tags may be obtained upon payment of the established fee.
  3. Removing or causing the removal of a collar, harness, or tag from any licensed dog without the consent of the owner or keeper of the dog is prohibited, except by:
  4. A licensed veterinarian or employee of a veterinary hospital or clinic who removes the tag for medical reasons; or
  5. An animal control officer who removes the tag as part of his or her official duties.
  6. Any dog found running at large without a valid tag will be presumptively considered unlicensed unless the owner or custodian can provide proof of a current valid license. (Ord. 3383 §2, 2010)

Possession, Care & Quartering of Animals

Animals Disturbing Neighborhood

It is unlawful for any person to keep or harbor any animal which by loud, continued or frequent barking, howling, yelping, meowing, screeching, crowing or other noise, or by noxious or offensive odors endangers the health and welfare or disturbs the peace and comfort of any reasonable person or neighborhood. The provisions of this section do not apply to:

  1. The animal control impound facility; or
  2. Veterinary hospitals. (Ord. 3383 §2, 2010)

Animals Running at Large

It is unlawful for the owner or custodian of any animal, except domestic cats, to allow such animal to run at large. The owner or person charged with responsibility for an animal found running at large shall be strictly liable for a violation of this section regardless of the precautions taken to prevent the escape of the animal and regardless of whether or not he/she knows that the animal is running at large. Animals are considered running at large if they:

  1. Leave their residential property unrestrained on a leash no longer than ten feet (10') in length, of sufficient strength to restrain the animal, and in control of a person of sufficient age and physically able to restrain and control such animal;
  2. Are allowed to trespass upon the property of another by way of damage or destruction of a mutual fence line;
  3. Are left unattended in a vehicle in a manner that allows any part of the animal to hinder the public's use of or access to any place that the public may lawfully be;
  4. Are herded on or across city property without city approval; or
  5. Are chained, staked out, or otherwise tethered on or attached to any public property, sign, or structure or in a manner that allows the animal to go beyond the owner's property line or onto public right of way. (Ord. 3383 §2, 2010)

Willfully Abandon or Turn Loose

It is unlawful for any person to abandon, place at large or turn loose any animal for any reason, including inability to care for, refusal to maintain, disease, old age, or injury. Persons having possession of such animals are responsible for placing the animal in the care of another person capable of maintaining and caring for the animal or having the animal humanely euthanized. (Ord. 3383 §2, 2010)

Cruelty to Animals Prohibited

In addition to those acts prohibited by Idaho state code, the following activities are also prohibited:

  1. Chaining, staking or tethering any animal in a manner that may cause physical injury or death to the animal.
  2. Using any equipment, device, substance or material on any animal that will or could cause physical injury or death to the animal or cause unnecessary cruelty to the animal.
  3. Quartering animals which are natural enemies or are otherwise incompatible together or so near each other as to cause injury, fear or torment.
  4. Teasing, tormenting, physically abusing, or provoking an animal with the intent to harass or cause injury.
  5. Tranquilizing an animal except under the direction and supervision of a licensed veterinarian or by an animal control or other officer in the performance of official duties. (Ord. 3383 §2, 2010)

Care and Quartering of Animals

  1. All animals shall be supplied with sufficient nutritious food and clean water as often as the feeding habits of the respective animals require, but not less than two (2) times every twenty four (24) hours in the case of juveniles and once every twenty four (24) hours for adults.
  2. Adequate shelter from the weather shall be provided each animal.
  3. All animals and animal enclosures shall be maintained in a clean, sanitary state of good repair to protect the animals from injury. (Ord. 3383 §2, 2010)

Animals Attacking, Biting, or Chasing

  1. It is unlawful for the owner or custodian of any animal to allow the animal to attack, bite, or chase any person or domesticated animal or wild animal.
  2. The injuring, capturing, or killing of an animal by any person while the animal is engaged in any act prohibited by this title, if reasonably necessary to stop the animal's actions, shall not be a violation of any other provision of this chapter, provided such injuring, capturing, or killing in no way endangers another's safety or property or violates any provision of federal, state or city law or code. (Ord. 3383 §2, 2010)

Vaccinations

  1. Rabies vaccination is required for all dogs within thirty (30) days of when the dog:
  2. Reaches the age of three (3) months;
  3. Is acquired or brought into the city if over three (3) months old; or
  4. The expiration of the most recent vaccination.This provision shall not apply to veterinarian or kennel operators temporarily maintaining on their premises animals owned by others.

Each veterinarian, when vaccinating any animal for rabies, shall complete a certificate of rabies vaccination (in duplicate) which includes the following information:

  1. Owner's name and address;
  2. A description of animal (breed, sex, markings, age, name);
  3. The date of vaccination;
  4. The rabies vaccination tag number;
  5. The type of rabies vaccine administered; and
  6. The manufacturer's serial number of vaccine.A copy of the certificate shall be distributed to the owner and the original retained by the issuing veterinarian. (Ord. 3383 §2, 2010)

Quarantine

Any domestic animal, without proof of a current rabies vaccination, that is known to have bitten a person must be placed in strict quarantine for veterinary observation for a period of not less than ten (10) days, which shall be determined from the date the bite occurred.

An animal that has rabies or shows signs of having rabies, and every animal bitten by another animal afflicted with rabies or that is known to have been exposed to rabies, must be placed in strict quarantine for veterinary observation in a manner that securely segregates the animal from other animals or humans for a period not less than six (6) months.

The animal control impound facility or a veterinary hospital will be the normal place for quarantine, however, the police chief, or designee, may approve other quarantine arrangements, including confinement by the owner, if the police chief or designee, following an inspection, determines:

  1. That the animal will be securely and humanely housed during the term of the quarantine;
  2. The animal will be segregated to prevent exposure of other animals or humans; and
  3. The public will be adequately protected.
  4. A person who has custody of an animal under quarantine shall immediately notify the police chief if the animal shows any signs of sickness or abnormal behavior, dies, or if the animal escapes confinement.
  5. It is unlawful for any person who has custody of a quarantined animal to fail or refuse to allow a health or animal control officer to make an inspection or examination of the animal or the quarantine area during the period of quarantine.
  6. It is unlawful for any person to remove any animal from the place of quarantine without the written permission of the police chief.
  7. The cost of quarantining an animal must be paid in advance by the owner or custodian of the animal otherwise the animal will be euthanized. (Ord. 3383 §2, 2010)

Duty to Report Bites

Any owner or custodian of an animal of a species subject to rabies having knowledge that the animal has bitten any person or another animal or that the owner's animal was bitten by an animal of a species subject to rabies shall report the incident immediately to an animal control officer, giving the name and address of the person bitten, or whose animal was bitten, and of the owner or custodian of the biting animal, if available. Failure to provide such information or otherwise assist the city in discovering possible exposure to rabies or in ascertaining the immunization status of an animal is a violation of this chapter. (Ord. 3383 §2, 2010)

Reporting Injury or Death of Animals

The operator of a motor vehicle, other than an emergency vehicle, that strikes and injures any domestic animal shall immediately stop the vehicle at the scene of the accident and notify the owner of the animal of the accident or report it to animal control if the owner cannot be determined.

Any person who injures or causes the death of an animal shall immediately notify the owner of the animal or report it to animal control if the owner cannot be determined. (Ord. 3383 §2, 2010)

Dangerous Animals

Authority to Impound or Destroy Animals Posing an Immediate Threat

Animal control officers are authorized to impound or destroy, if necessary, any animal that the officer reasonably believes is about to attack or is attacking a person or domestic animal or otherwise poses an immediate threat to public health or safety. (Ord. 3383 §2, 2010)

Authority to Classify and Impound Aggressive, Dangerous or Vicious Dogs

Animal control officers are authorized to declare dogs as aggressive, dangerous or vicious. In determining whether a dog is aggressive, dangerous or vicious, the animal control officer will be guided by the following:

  1. Whether the dog meets the definition of aggressive, dangerous or vicious;
  2. Whether the dog has displayed threatening behavior at other times;
  3. Whether the dog has caused physical injury at other times;
  4. The circumstances surrounding the incident;
  5. The officer's observations and reports about the dog's upbringing, training, and the owner's or custodian's control of the dog; and
  6. Any other information relevant to a reasonable determination the dog poses a potential threat to public health or safety.

At the time of declaring the dog aggressive, dangerous or vicious the animal control officer must impound the animal, at the owner's expense, if the dog:

  1. Is declared vicious;
  2. Is running at large; or
  3. Cannot be housed and maintained by the owner or custodian as required by this chapter.

The animal control officer will make reasonable attempts to contact the owner or custodian of any dog declared aggressive, dangerous or vicious, and provide written notification of the declaration along with the requirements for keeping such dogs. The owner or custodian of the dog at the time of written notification may elect to:

  1. Appeal the declaration by requesting a hearing as allowed by chapter 6.35of this title;
  2. Accept the declaration, and if the dog was declared aggressive or dangerous, agree to meet the requirements for keeping the dog set out in this chapter; or
  3. Surrender and quitclaim the dog to the city.

It is unlawful for the owner or custodian of any dog declared aggressive, dangerous or vicious to keep or maintain such dog contrary to the provisions of this chapter.

An impounded dog that has been declared aggressive, dangerous or vicious will be held for ten (10) business days before disposal as authorized by chapter 6.25of this title unless:

  1. The declaration has been appealed and the owner or custodian has paid any incurred veterinary and other costs and impound fees and has prepaid impound fees through the date of the hearing; or
  2. The owner or custodian of a dog declared aggressive or dangerous has contacted animal control, paid any incurred impound fees and veterinary and other costs, and prepaid any additional expected impound fees and made arrangements to redeem the dog within an additional fourteen (14) days. To redeem the dog, the owner or custodian must provide proof that they can house and maintain the dog as required by this chapter.

Any person may request, in writing, that a dog be declared aggressive, dangerous or vicious. Complaining parties must be forthcoming with their testimony including the signing of a witness statement or citation or providing sworn testimony. All written complaints will be investigated and both complaining party and the dog's owner or custodian will be advised of the outcome of the investigation. (Ord. 3388 §2, 2010)

Aggressive Dogs

  1. All dogs declared aggressive must be quartered and/or restrained as follows:
  2. All or a portion of the owner or custodian's property must be fenced with a fence of sufficient strength and height to prevent the dog from leaving the enclosed area. The dog must not be allowed into unfenced areas of the property without being restrained as provided in subsection A4 of this section;
  3. The aggressive dog must be humanely confined in a secure enclosure, such as a home or a kennel inside the required fence. The secure enclosure may not share common fencing with the required fence or interfere with the public's legal access to the property and must be of sufficient strength and height to keep the dog within the enclosure;
  4. Under no circumstances may an aggressive dog be left unattended on a chain, cable, trolley or other tether;
  5. The owner or custodian shall not allow the aggressive dog to be off the owner's or custodian's property unless the dog is accompanied by a responsible adult and muzzled in such a manner as to prevent it from biting or injuring any person, and restrained by a leash of adequate strength to control the dog; and
  6. The owner or custodian of an aggressive dog must place a sign in a prominent place that is visible from the street or sidewalk on the owner's or custodian's property indicating that there is an aggressive dog on the property. A similar sign must be posted on the dog's secure enclosure.

In addition to the quartering and restraint requirements the owner or custodian must:

  1. Immediately notify animal control if the dog is running at large or has attacked a person or domestic animal; and
  2. Notify animal control within three (3) days if the dog is moved to a different address or if the dog has a new owner or custodian. The name, address and telephone number of the new owner/custodian must also be provided.

If the animal control officer is informed or finds that the owner or custodian of the aggressive dog has violated any of the duties and responsibilities placed upon the owner or custodian, the animal control officer may, after written notice mailed, return receipt requested, or personal service, impose additional restrictions on the owner or custodian of the dog including:

  1. Attendance at responsible ownership and/or dog management/training classes; and/or
  2. Sterilization of the animal; and/or
  3. Purchase of a general liability insurance policy of at least five hundred thousand dollars ($500,000.00) insuring the owner or custodian for any damage or personal injury which may be caused by the dog, which names the city as an additional insured. The policy must provide thirty (30) day advance notice to the city prior to lapse or cancellation; and/or
  4. Additional requirements as to the size, construction and design of the secure enclosure, including, but not limited to, requiring a double security gate or concrete floor; and/or
  5. Forfeiture of the dog.

The owner or custodian may appeal any additional restrictions placed on the dog by following the requirements contained in chapter 6.35of this title.

An owner or custodian may request that the declaration of aggressiveness be removed after two (2) years without incident if:

  1. The animal has been sterilized; and
  2. The owner or custodian and the dog have satisfactorily completed an approved pet ownership and/or animal management/training program. (Ord. 3383 §2, 2010)

Dangerous Dogs

  1. All dogs declared dangerous must be quartered and/or restrained as follows:
  2. All or a portion of the owner or custodian's property must be fenced with a fence of sufficient strength and height to prevent the dog from leaving the enclosed area. The fence must have a double security gate. The dog must not be allowed into unfenced areas of the property without being restrained as provided in subsection A4 of this section;
  3. The dangerous dog must be humanely confined in a secure enclosure, such as a home or a kennel inside the required fence. The secure enclosure may not share common fencing with the required fence or interfere with the public's legal access to the property and must be of sufficient strength and height to keep the dog within the enclosure. An outside secure enclosure shall be a minimum of five feet (5') wide, ten feet (10') long and five feet (5') in height above grade, and with a horizontal top covering the entire enclosure, all to be at least 9-gauge chainlink fencing with necessary steel supporting posts. To prevent escape of the dog, the floor shall be at least three inches (3") of poured concrete with the bottom edge of said fencing imbedded in the concrete or extending at least one foot (1') below grade. The gate must be of the same material as the fencing, fit closely and be securely locked. The enclosure must provide protection from the elements for the dog;
  4. Under no circumstances may a dangerous dog be left unattended on a chain, cable, trolley or other tether;
  5. The owner or custodian shall not allow the dangerous dog to be off the owner's or custodian's property unless the dog is accompanied by a responsible adult and muzzled in such a manner as to prevent it from biting or injuring any person, and restrained by a leash of adequate strength to control the dog; and

The owner or custodian of a dangerous dog must place a sign in a prominent place that is visible from the street or sidewalk on the owner's or custodian's property indicating that there is a dangerous dog on the property. A similar sign must be posted on the dog's secure enclosure.

  1. In addition to the quartering and restraint requirements the owner or custodian must:
  2. Have the dog sterilized, photographed and microchipped or tattooed to identify it as a dangerous dog within seven (7) days of the final declaration;
  3. Attend an approved responsible ownership and/or dog management/training course with the dog within sixty (60) days of the final determination of dangerousness;
  4. Immediately notify animal control if the dog is running at large or has attacked a person or domestic animal;
  5. Notify animal control within three (3) days if the dog is moved to a different address or if the dog has a new owner or custodian. The name, address and telephone number of the new owner/custodian must also be provided; and
  6. Allow animal control officers to inspect the dog and its enclosure upon request and produce, upon request, proof of compliance with all restrictions and conditions placed upon the owner and/or custodian of the dog.

If the animal control officer is informed or finds that the owner or custodian of the dangerous dog has violated any of the duties and responsibilities placed upon the owner or custodian, the animal control officer may, after written notice mailed, return receipt requested, or personal service, impose additional restrictions on the owner or custodian of the dog including:

  1. Purchase of a general liability insurance policy of at least five hundred thousand dollars ($500,000.00) insuring the owner or custodian for any damage or personal injury which may be caused by the dog, which names the city as an additional insured. The policy must provide thirty (30) day advance notice to the city prior to lapse or cancellation; and/or
  2. Additional requirements as to the size, construction and design of the secure enclosure, or required fencing; and/or
  3. Forfeiture of the dog.The owner or custodian may appeal any additional restrictions placed on the dog by following the requirements contained in chapter 6.35of this title. (Ord. 3383 §2, 2010)

Vicious Dogs

It is unlawful for any person to own, keep, possess, or maintain a dog within the city limits that has been declared vicious under this title or under similar provisions in any other jurisdiction.

Upon a final determination that the dog is vicious, the owner or custodian must:

  1. Provide the city with the name, address and telephone number of the place where the dog will be quartered so that the city can notify the appropriate jurisdiction that a vicious dog has moved into their area;
  2. Pay any accrued costs and fees including the cost of having the dog microchipped and/or tattooed with identifying marks; and
  3. Immediately remove the dog from the city.

If arrangements have not been made to pay any accrued costs and fees and move the dog within five (5) business days after the final determination of viciousness, the dog will be euthanized.

Any dog found running at large that has previously been declared vicious will be euthanized upon a final determination that the dog found running at large is the dog that was declared vicious. The presence of a microchip or an identifying tattoo will be conclusive proof that the dog was previously declared vicious. (Ord. 3383 §2, 2010)

Impoundment

Authority; Applicable Animals

Except as otherwise provided by this chapter or other applicable law, animal control officers shall place animals taken into custody in the designated animal control impound facility.

The following animals may be taken into custody and impounded:

  1. Any animal running at large contrary to the provisions of chapter 6.15of this title;
  2. Any animal which is required to be licensed and is not licensed or wearing a tag;
  3. Any abandoned or stray animal;
  4. Animals which are not vaccinated for rabies in accordance with the requirements of chapter 6.15of this title;
  5. Any aggressive, dangerous or vicious animal kept contrary to the provisions of chapter 6.20of this title; and
  6. Any other animal being kept or maintained contrary to the provisions of this title. (Ord. 3383 §2, 2010)

Notice to Owner

Not later than one day after the impounding of any animal, the owner shall be notified, if known, by telephone or by mail, or if the owner of the animal is unknown, written notice shall be posted at the police station, describing the dog and the place and time of taking. (Ord. 3383 §2, 2010)

Information Required

The following information will be kept on all impounded animals:

  1. A complete description of the animal, including tag numbers if any;
  2. The manner and date of impound;
  3. The location of the pick up and name of the officer picking up the animal;
  4. The name and address of any person relinquishing an animal to the impound facility;
  5. The name and address of the person redeeming the dog and the date thereof;
  6. All applicable violations of this title;
  7. All applicable fees and penalties;
  8. All expenses accrued during impoundment;
  9. The date and manner of disposition including the name of the person adopting the animal if applicable;
  10. If licensed, the name and address of the owner of the animal and the license number. (Ord. 3383 §2, 2010)

Redemption

The owner of any impounded animal, or a person over the age of eighteen (18) who has provided reasonable evidence that they are the owner's agent, may reclaim the animal upon payment of the following:

  1. The impound fees;
  2. The daily board charges;
  3. Veterinary costs and any other costs incurred during the impound period;
  4. License fees, if required; and
  5. All accrued civil penalties for the animal that were not appealed. (Ord. 3383 §2, 2010)

Period of Impound

  1. Impounded animals will be held for five (5) business days from the date of notice to the owner or posting of notice before being euthanized, placed for adoption or otherwise disposed of unless earlier relinquished by the owner or custodian, except:
  2. Any animal that appears to be infected with rabies or other infectious or dangerous diseases or is seriously injured will be immediately euthanized. (Ord. 3383 §2, 2010)

Enforcement, Penalties and Appeals

Criminal Violations

Except as provided by section 6.35.020 of this chapter, any person violating any of the provisions of this title is guilty of:

  1. An infraction punishable by a fine not to exceed one hundred dollars ($100.00) for violations of section 6.15.080of this title (animals at large).
  2. Any other violation of this title is a misdemeanor punishable as provided in section 1.28.010of this code. (Ord. 3383 §2, 2010)

Civil Penalties for Violations

  1. Violations of this title are subject to a civil penalty, which is payable at the city cashier's office within thirty (30) days of receipt of the civil citation. Any animal control officer observing a violation or determining that a violation occurred shall issue a citation describing the violation and the civil penalty assessed for the violation to the person guilty of the violation.
  2. The members of the police department or other designees of the city are authorized to refrain from instituting a prosecution charging the person with a misdemeanor under this chapter if such person pays the assessed civil penalty within thirty (30) days of the violation.
  3. For the purposes of subsection 6.35.030C of this chapter, payment of any civil penalty will be considered a conviction. (Ord. 3383 §2, 2010)

General Penalty Provisions

Each day any violation of this title is committed or permitted to continue constitutes a separate offense.

Surrender or transfer of an animal does not avoid the consequences of past actions, including any violations of this title.

Any person who is convicted of excessive violations as listed below is prohibited from owning, keeping or maintaining any domestic animals within the city limits for a period of two (2) years. Any animal found in possession of such person during the term of probation shall be confiscated and impounded.

  1. Four (4) or more violations of animals at large within any twelve (12) month period;
  2. Three (3) or more violations of animals disturbing the neighborhood within any twelve (12) month period;
  3. Three (3) or more violations of any provisions governing aggressive, dangerous or vicious animals;
  4. Two (2) or more violations of failing to obtain a kennel or pet shop license within any two (2) year period; or
  5. Two (2) or more violations for cruelty to animals at any time. (Ord. 3383 §2, 2010)

Appealable Matters

  1. The following matters arising under this title may be appealed to the animal control hearing officer:
  2. A declaration that an animal is aggressive, dangerous or vicious under chapter 6.20of this title;
  3. A decision by animal control placing additional restrictions on an animal previously declared aggressive or dangerous under chapter 6.20of this title; or
  4. The decision that an animal found running at large was previously declared vicious under chapter 6.20of this title.

The following matters arising under this title may be appealed to the city council:

  1. The revocation or denial of a kennel or pet shop license under chapter 6.30of this title. (Ord. 3383 §2, 2010)

Standing

The following persons have standing to appeal decisions regarding appealable matters:

  1. An applicant for a license or a licensee may appeal a decision denying or revoking the license;
  2. The owner or custodian of an animal declared aggressive, dangerous or vicious;
  3. The owner or custodian of an animal that has previously been declared aggressive or dangerous that has been placed under additional restrictions pursuant to chapter 6.20of this title; and
  4. The owner or custodian of an animal found running at large that was previously declared vicious. (Ord. 3383 §2, 2010)

Filing of Appeal

Any person with standing may appeal from an appealable decision. Any appeal must be in writing and received by the city clerk's office within ten (10) business days of the decision from which the appeal is taken. If mailed, the decision shall be deemed received five (5) calendar days after the date of mailing.

The written appeal must include the mailing address of the appellant and describe in detail:

  1. The decision appealed from;
  2. The factual or legal error or errors made in the decision;
  3. The relief being sought;
  4. The evidence and arguments supporting the relief being sought; and
  5. Whether a hearing is requested.

In order to file the appeal, the processing fee for the costs of processing the appeal must be paid or the person requesting the appeal must sign a sworn statement indicating that they cannot afford the processing fee. (Ord. 3383 §2, 2010)

Hearing

If a hearing is requested, a hearing will be scheduled as soon as reasonably possible, but not earlier than five (5) days nor more than thirty (30) days from the date the appeal was received, unless the appealing party agrees to another date.

Notice may be provided to the appellant in person, by United States mail to the address provided by the appellant, or personally on any agent or employee of the appellant's business if the appellant is a business entity. Notice will be served personally on the appellant if the hearing is scheduled five (5) days or less from the date of service.

At the hearing, the hearing body will allow the appellant, animal control, and the owner of the animal, if any, or their representatives to present and rebut testimony and other evidence and argument relevant to the decision under appeal. The mayor or chairperson of the hearing body may establish time limits and procedural standards for presentation of any appeal.

The hearing body will conduct the hearing in an orderly and timely manner and will rule on all issues that arise during the course of the hearing.

No party to the appeal will have any ex parte communications with any member of the hearing body about the subject matter of the appeal. Any ex parte communications must be disclosed to allow the other party an opportunity to rebut the contents of the ex parte communication.

The hearing body will issue an order affirming or overturning the decision appealed from within fifteen (15) days of the filing of the appeal or the date of the hearing if one was held. The order will be in writing and contain:

  1. A summary of the evidence contained in the appeal record;
  2. A reasoned statement, based on the evidence received, explaining and supporting the decision by the hearing body.All parties to the appeal will be provided with a copy of the order.

The decision of the hearing body is final. (Ord. 3383 §2, 2010)

Contact a Dog Bite Lawyer in Spokane, WA Today

Call a Spokane attorney for a dog attack if you’ve been injured. Parke Gordon Law Firm offers a free consultation. Take this opportunity to speak to an experienced dog bite attorney from our law firm about your dog bite case over the phone or in person. We can usually tell you over the phone if you have a good case. Our attorneys will fight for you or your child to get fair compensation from a negligent dog owner. You pay nothing until your case settles. Call (509) 482-7274 now for a free consultation to discuss your dog bite case.

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Spokane, Washington Law Office

Our Spokane, Washington law firm services clients in and surrounding Spokane, including for injuries and accidents in Spokane Valley and injuries and accidents in Coeur d’Alene, Idaho. Visit or call our Spokane law firm today.

Parke Gordon LLC

421 W Riverside, Suite 256
Spokane, WA 99201
Phone:(509) 482-7274

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