HomeMy WebLinkAbout6757 ORDINANCE NO. 6757
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTION 6.35.030
OF THE AUBURN CITY CODE RELATING TO THE
RESTRAINT AND REGISTRATION OF POTENTIALLY
DANGEROUS DOGS AND DANGEROUS DOGS
WHEREAS, on December 16, 2019, and in response to Washington State
Legislature House Bill 1026, the Auburn City Council adopted Ordinance 6740, amending
the restraint and registration requirement for potentially dangerous dogs; and
WHEREAS, it is appropriate to further amend ACC 6.35.030 and ACC 6.35.035 to
remove behavioral testing certifications as an exemption to restraint and registration
requirements because most incidents involving potentially dangerous dogs and
dangerous dogs involve an at-large aggressor dog and not a restrained dog that acts as
an aggressor.
NOW. THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 6.35.030 of the Auburn City
Code is amended 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
Ordinance No. 6757
February 21, 2020
Page 1 of 3 Rev.2019
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
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.)
from the date of the test.
Section 2. 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.-44
the date „f 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. 6757
February 21, 2020
Page 2 of 3 Rev.2019
Section 3. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 4. 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 5. 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.
SEP 02020
INTRODUCED:
SEP 0 $ 2020
PASSED:
APPROVED: S`' 0 8 2021
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ATTEST: APPROVED AS TO FORM:
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Shawn Campbell, MMC,City Clerk Kendra Comeau, City Attorney
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Ordinance No. 6757
February 21, 2020
Page 3 of 3 Rev.2019