6.06.310 - Dangerous dogs—Registration requirements and fees.

A.

In addition to any other registration and licensing requirements provided in this chapter, it is unlawful for a person to keep any dog which has exhibited Level 2, 3, 4, 5, or 6 behavior as described in Sections 6.06.100 and 6.06.110 in the town of Naches without a certificate of registration issued under this section. This section shall not apply to dogs used by law enforcement officials for police work. Any person found in violation of this section shall be fined five hundred dollars ($500.00) for each violation.

B.

The department and the town of Naches shall issue a certificate of registration to the owner of a dangerous dog if the owner presents to the department and the town of Naches sufficient evidence of:

1.

A proper enclosure to confine the dangerous dog and the posting of the premises wherein the dog is held with clearly visible warning signs stating that there is a dangerous dog on the property; and

2.

A surety bond issued by a surety insurer qualified under RCW Chapter 48.28 in a form acceptable to the department and the town of Naches in the sum of at least two hundred fifty thousand dollars ($250,000.00) payable to any person injured by the dangerous dog; or

3.

A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under RCW Chapter 48.28 in the amount of at least two hundred fifty thousand dollars ($250,000.00) insuring the owner against liability to any person for injuries inflicted by the dangerous dog.

C.

A fee of one hundred fifty dollars ($150.00) shall be paid to the department by any person seeking to register a dangerous dog.

D.

In every case where the owner of a dangerous dog has received a certificate of registration from Yakima County, the owner must provide a copy of the certificate of registration to the town of Naches within five days of its issuance from the county. The owner must also obtain a certificate of registration from the town of Naches pursuant to this chapter. The town of Naches shall keep a file of such certificates at the town hall. A violation of this subsection is a civil infraction as outlined in Section 6.06.070.

(Ord. 623 § 2 (part), 2006)

6.06.320 - Declaring dangerous dog—Procedure to challenge.

The town of Naches shall contract with the Yakima County sheriff's animal control department to work with them to implement this, and any other section where appropriate.

In order for a dog to be declared dangerous, the animal control officer of the county of Yakima shall serve a notice upon the dog owner in person or by regular and certified mail, return receipt requested. The notice shall state:

A.

The statutory basis for the proposed action;

B.

The reasons the animal control officer considers the dog dangerous;

C.

A statement that the dog is subject to registration and controls required by this chapter, and any applicable Yakima County Code sections; and

D.

An explanation of the owner's rights and of the proper procedure for appealing a decision finding the dog dangerous.

Prior to issuing a final determination, animal control shall notify the owner and the town of Naches, in writing, that the owner is entitled to an opportunity to meet with the animal control officer and town of Naches council, at which meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous. The notice shall state the date, time, and location for the meeting, which must occur prior to expiration of fifteen (15) calendar days following delivery of the notice. The owner may propose an alternative meeting date and time, but such meeting must occur within the fifteen (15) day time period set forth in this section. The owner must given written notice of the proposed alternative meeting date and time to both the animal control officer and the town of Naches through its clerk. After such meeting, the animal control officer must issue its final determination, in the form of a written order, within fifteen (15) calendar days. In the event the dog is declared dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the animal control officer. The order shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the owner's last known address. A copy of the order shall be mailed first class to the town of Naches.

The owner may appeal the final determination that the dog is dangerous to the Yakima County district court. The owner must initiate such an appeal by filing with the Yakima County district court a request for appeal of the decision of the animal control officer. Such appeal must be filed within twenty (20) days of receipt of the final determination. Receipt shall be deemed to be three days from the date of mailing. A copy of the appeal must be mailed, first class, to the town of Naches, or personally delivered to the town clerk at town hall. While the appeal is pending, animal control officers may require that the dog be confined at the city animal shelter at the owner's expense, or confined and controlled in accordance with this chapter. Willful failure to comply with the control and confinement provisions while the appeal is pending is a misdemeanor.

(Ord. 623 § 2 (part), 2006)

6.06.330 - Dangerous dogs—Crimes.

A.

It is unlawful for an owner to have a dangerous dog within the town of Naches without a certificate of registration in full force and effect issued under Section 6.06.310 of this chapter. A violation of this subsection is a civil infraction as outlined in Section 6.06.070.

B.

It is unlawful for an owner of a dangerous dog that is subject to a valid certificate of registration issued under Section 6.06.310 of this chapter to permit the dog to be outside the proper enclosure, as defined under this chapter unless the dog is muzzled and restrained by a substantial chain or leash not more than six feet in length and under physical restraint of a capable 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. A violation of this subsection is a civil infraction as outlined in Section 6.06.070.

(Ord. 623 § 2 (part), 2006)

6.06.340 - Ownership by person under eighteen years of age.

Any person under the age of eighteen (18) years old who owns any dangerous dog as defined in Section 6.06.010 shall be guilty of a misdemeanor.

(Ord. 623 § 2 (part), 2006)