6.02.025 Dangerous animal – Requirements.
Strict compliance with each of the following conditions is required to keep a dangerous animal in the city:
A. It is unlawful for a person to own a dangerous animal within the city limits unless that person has a current certificate of registration for that animal. The police department or other animal control authority shall issue a certificate of registration to the owner of a dangerous animal if the owner presents sufficient evidence of:
1. A proper enclosure to confine the dangerous animal and the posting of the premises with a clearly visible warning that there is a dangerous animal on the premises. Additionally, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous animal. Said sign shall be visible from the right-of-way or from the normal entrance to the owner’s property;
2. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the animal control authority in the sum of at least $250,000, as provided in Chapter 16.08 RCW, payable to any person injured by the animal;
3. A policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under RCW Title 48 in the amount of $250,000, with a deductible of no more than $1,000, as provided in Chapter 16.08 RCW, payable to any person injured by the animal, insuring the owner for any personal injuries or property damage inflicted or caused by the animal, and insuring and indemnifying the city of Lynnwood for any personal injuries or property damage inflicted or caused by the animal;
4. Proof of placement and current registration of a microchip that is capable of being scanned by an “AVID” or equivalent brand microchip scanner;
5. Consent for initial and subsequent inspections of the enclosure in which the animal is and will be kept.
B. There is an annual registration fee for a dangerous animal as shown in Chapter 3.104 LMC. This fee is in addition to the licensing fee.
C. No person shall allow a dangerous animal to be outside a proper enclosure unless the animal is restrained under a substantial chain or leash not greater than eight feet in length. The leash shall be in the physical control of a responsible adult person. The animal shall be further restrained by a muzzle or other device that prevents the animal from biting or clawing any person or animal; provided, that no muzzle or device shall be made in a manner that causes injury to the animal or interferes with the animal’s vision or breathing. Any animal that is in violation of these provisions shall be immediately impounded.
D. Any dangerous or potentially dangerous animal whose owner has been convicted under this chapter that attacks a person or domestic animal may be immediately impounded, placed in quarantine per LMC 6.02.100 for the proper length of time, and euthanized. The owner may appeal the impoundment and euthanasia under the provisions of LMC 6.02.145. Euthanasia shall be stayed pending resolution of the appeal.
E. Any animal that aggressively attacks and causes severe injury or death to a person or domestic animal shall be immediately impounded and placed in quarantine, at the animal owner’s expense, for a period of 10 days. The animal may be released to the owner; provided, that the owner obtains a certificate of registration as provided for in this section. If the owner fails to obtain a certificate of registration, the animal may be euthanized. The owner may appeal the impoundment and euthanasia under the provisions of LMC 6.02.145. Euthanasia shall be stayed pending resolution of the appeal.
F. This section does not apply to guard dogs or dogs used by law enforcement officials while they are:
1. If guard dogs, protecting property under the conditions of LMC 6.02.050; or
2. If used by law enforcement officials, acting in the line of duty.
G. Once declared a dangerous animal, the animal’s owner shall comply with the provisions of this section within 30 days, unless an extension for good cause is granted by the animal control authority.
H. Any dangerous animal shall be immediately confiscated by the animal control authority if: (1) the animal is not validly registered as required by law; (2) the owner does not secure the liability insurance coverage required by this section; (3) the animal is not maintained in a proper enclosure; or (4) the animal is outside the dwelling of the owner, or outside the property enclosure, and not under physical restraint of the responsible person. The owner must pay the costs of confinement and control. The animal control authority shall serve a notice of the animal’s confiscation on the animal’s owner in person or by regular and certified mail, return receipt requested, to the owner’s last known address. The notice shall specify the reason for the confiscation of the dangerous animal, and state that the owner is responsible for payment of the costs of confinement and control and that the animal will be destroyed in an expeditious and humane manner if any deficiencies under this subsection are not corrected within 20 days. The animal control authority shall destroy the confiscated animal in an expeditious and humane manner if any deficiencies under this subsection are not corrected within 20 days of notification. The owner may appeal the notice under the provisions of LMC 6.02.145. Euthanasia shall be stayed pending resolution of the appeal. The animal control authority shall not be held civilly liable for the euthanasia of the animal.
I. Any person who violates this section shall be guilty of a gross misdemeanor and may, upon conviction, be punished by confinement not to exceed one year and/or a fine not to exceed $5,000.
J. Notification of Status, Change of Ownership, Custody and/or Residence. The owner of a potentially dangerous animal or dangerous animal shall notify the animal control authority, immediately upon discovery of such circumstances, when the animal is loose or unconfined off the owner’s property; or has bitten or injured a human being, pet or livestock; or is sold or given away or dies. If the owner moves such animal to another address or otherwise transfers the animal to the ownership, custody, or residence of another individual, the owner shall, within 14 calendar days of the change, inform the animal control authority in writing of the name, address and telephone number of the new owner and/or the address of the new residence where the animal is located. Such notice shall include the name, description and license number of the animal.
1. In the event the ownership and/or custody of the animal changes, the owner shall notify the new owner in writing of the details of the animal’s record relating to being declared potentially dangerous or dangerous and the terms and conditions of the declaration.
2. The owner shall also provide the animal control authority with a copy of the written notification, which shall contain a notarized statement by the new owner acknowledging receipt of the notification. (Ord. 3404 § 3 (Att. A), 2021; Ord. 3145 § 4, 2015; Ord. 2927 § 2, 2011; Ord. 2884 § 3, 2011; Ord. 2656 §§ 1, 2, 2006; Ord. 2604 § 1, 2006; Ord. 2091 § 3, 1996; Ord. 1597 § 2, 1987)