HomeMy WebLinkAbout6740 ORDINANCE NO. 6740
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTIONS 6.35.030
AND 6.35.035 OF THE AUBURN CITY CODE RELATING
TO THE RESTRAINT AND REGISTRATION OF
POTENTIALLY DANGEROUS DOGS
WHEREAS, on April 17, 2019, the Washington State Legislature passed House
Bill 1026 prohibiting local jurisdictions from banning the possession of a breed-specific
dogs, or declaring a dog dangerous or potentially dangerous based on its breed, unless
certain criteria is met; and
WHEREAS, the state law becomes effective on January 1, 2020; and
WHEREAS, in order to comply with state law, it is appropriate remove the breed-specific
language from the definition of"Potentially Dangerous Dog" from section 6.01.010 of the
Auburn City Code; and
WHEREAS, it is also appropriate to appropriate to amend sections 6.35.030 and
6.35.035 of the Auburn City Code to allow exemptions to restraint and registration
requirements for Potentially Dangerous Dogs if certain behavioral training conditions are
met.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 6.01.010 of the Auburn City Code is
amended to read as follows:
6.01.010 Definitions.
A. As used in this title, the following terms shall have the following meanings:
Ordinance No. 6740
November 22, 2019
Page 1 of 4 Rev.2019
25. "Potentially dangerous dog" means any dog that when unprovoked:
a. Inflicts bites on a human or a domestic animal either on public or private property;
b. 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, or to cause injury or
otherwise to threaten the safety of humans or domestic animals; or
c. Is known or should reasonably have been known by its owner to have aggressively
bitten, attacked, or endangered the safety of humans or domestic animals.
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Section 2. Amendment to City Code. Section 6.35.030 of the Auburn City
Code isamended to read as follows:
6.35.030 Dangerous dogs and potentially dangerous dogs — Requirements for
restraint.
A. It is unlawful for an owner of a dangerous dog to permit the dog to be outside the
proper enclosure, as defined and described in ACC 6.01.010(A)(27), unless the dog is
muzzled and restrained by a substantial chain or leash and under physical restraint of a
responsible person. The muzzle shall be made in a manner that will not cause injury to
the dog or interfere with its vision or respiration but shall prevent it from biting any
person or animal.
B. It is unlawful for an owner of a potentially dangerous dog to permit the dog to be
allowed or permitted to run free and unrestrained or off leash or not otherwise under
physical restraint of a responsible person, unless within a fenced yard or similar
restraint reasonably designed to prevent the dog from running free and unrestrained. It
is provided, however, that the top of such fence shall be six feet in height as measured
from the ground level, unless there is a secured top —full enclosure—to the fenced-in
Ordinance No. 6740
November 22, 2019
Page 2 of 4 Rev.2019
area; and it is further provided, that such fence or enclosure area shall comply with all
applicable city codes.
C. It is unlawful for an owner of a dangerous dog or a potentially dangerous dog to
permit the dog to be walked outside the proper enclosure by anyone under the age of
16 years.
D. The owners of dangerous dogs and potentially dangerous dogs are responsible for
taking all reasonable measures to assure that the dogs do not escape the above
restraints, the failure of which responsibility shall constitute a violation of this chapter,
punishable pursuant to ACC 6.35.040. The failure of the owner of a dangerous dog to
comply with the requirements for dangerous dog registration shall also constitute a
violation of this chapter, punishable pursuant to ACC 6.35.040. (Ord. 6424 § 4, 2012;
Ord. 6304 § 1, 2010; Ord. 6244§ 3, 2009; Ord. 5996 § 1, 2006; Ord. 5829 § 1, 2004.)
E. The restraint requirements of this section do not apply if the owner provides proof to
the city clerk that the doq passed the American kennel club good canine citizen test or a
reasonably equivalent canine behavioral test as determined by the Police Chief or
designee and the doq is exempt from such requirements for a period of two years from
the date of the test.
Section 3. Amendment to City Code. Section 6.35.035 of the Auburn City
Code is amended to read as follows:
6.35.035 Registration of potentially dangerous dogs.
In addition to the dog licensing requirements as set forth in Chapter 6.04 ACC, the
owners of potentially dangerous dogs, as defined herein, shall file with the city clerk a
notice of potentially dangerous dog according to the form available from the city clerk. If
the owner provides proof to the city clerk that the doq passed the American kennel club
canine good citizen test or a reasonably equivalent canine behavioral test as
determined by the Police Chief or designee, the licensing and notice requirements do
not apply and the dog is exempt from such requirements for a period of two years from
the date of the test. There shall be no fee charged for such potentially dangerous dog
registration, other than as follows: the owner of a potentially dangerous dog that was
previously found to be a potentially dangerous dog because: (A) while unprovoked, it
attacked, bit, endangered or injured a human or a domestic animal; or (B) it has chased
or approached a person upon a street, sidewalk, or public grounds in a menacing
fashion, shall pay to the city a fee in the amount of$100.00 per year for the registration
of the potentially dangerous dog. Failure to comply with this provision shall constitute a
violation of this chapter, punishable as a misdemeanor in accordance with ACC
9.02.040.
.. ......... . .
Ordinance No. 6740
November 22, 2019
Page 3 of 4 Rev.2019
Section 4. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 5. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance,will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 6. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: DEC 1 6 2019
PASSED: DEC 1 6 2019
APPROVED: DEC 1 6 2019
ANCY B US, MAYOR
ATTEST: APPROV D AS TO FORM:
Shawn Campbell, MMCF , City Clerk Steven L. ross, City Attorney
Published: .
Ordinance No. 6740
November 22, 2019
Page 4 of 4 Rev.2019