A. “Owner” means any person or legal entity having a possessory property right in a dog or who harbors, cares for, exercises control over, or knowingly permits any animal to remain on premises occupied by them.

B. “Potentially dangerous dog” means:

C. “Dangerous dog” means any dog that (1) without provocation inflicts severe injury on a human being, (2) without provocation kills or inflicts injuries requiring euthanasia of a domestic animal while the dog is off the owner’s premises, or (3) has been previously found to be potentially dangerous under this chapter or a comparable ordinance or statute in any jurisdiction because of injury inflicted on a human, the owner having received notice of such, and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals.

D. “Severe injury” means any physical injury that results in (1) one or more broken bones, or (2) disfiguring lacerations or avulsions requiring multiple sutures, steri-strips, staples, or cosmetic surgery, or (3) permanent nerve damage or protracted loss or impairment of health or of the function of any body part or organ.

E. “Proper enclosure of a dangerous dog” means, while on the owner’s property or premises, a dangerous dog shall be securely confined indoors, or when outdoors in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, shall provide protection from the elements for the dog, be of adequate size, lighting and ventilation, and be kept in a clean and sanitary condition.

F. “Under physical restraint” means that the dog is restrained by a secure leash not more than eight feet in length and under the physical control of a responsible person eighteen years of age or older, who is capable of restricting the dog’s movement while on or off the owner’s premises. The dog is presumed not to be under physical restraint if it chases or approaches a human or domestic animal in a menacing fashion or apparent attitude of attack, or if any injury, damage, or trespass results.

G. “Animal control authority” means an entity acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, county, and state and the shelter and welfare of animals.

H. “Animal control officer” means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.

I. “Police dog” means a dog used by a law enforcement agency specially trained for law enforcement work and under the control of a dog handler.

J. “Dog handler” means a law enforcement officer who has successfully completed training as prescribed by the Washington State Criminal Justice Training Commission in police dog handling.

K. “Domestic animal” means either:

L. “Premises” means the real property, including a dwelling unit, motor vehicle, or enclosed space, that an animal’s owner has a legal or equitable right to occupy. It does not extend into areas of common ownership or use, such as but not limited to an easement, apartment lobby, or public transportation.

M. “Secure fence” means a board or wire fence that: (1) will contain the type of dog to be restrained; (2) is securely fastened to posts firmly set in the ground; and (3) is properly maintained to keep the dog confined.

N. “Unprovoked” means that a dog does not have “provocation” or is not “provoked.” “Provocation” means any action or activity, whether intentional or unintentional, which would be reasonably expected to cause a normal dog in similar circumstances to react in a manner similar to that shown by the evidence. A dog is “provoked” if the dog was being tormented, physically abused or hurt at the time of the incident. A dog also is “provoked” if a reasonable person would conclude that the dog was defending itself, its owner or an immediate family member of its owner, its offspring, or another person or animal within its immediate vicinity from an imminent physical attack, or was defending the premises of its owner or an immediate family member of its owner from willful trespass, other tortious act, or crime; provided, a dog is not provoked under such circumstances if a reasonable person would conclude that the dog’s reaction was grossly out of proportion to the act of provocation. (Ord. 3705-19 § 1, 2019; Ord. 2782-04 § 1, 2004; Ord. 2393-99 § 1, 1999; Ord. 1257-86 § 1, 1986; Ord. 1228-86 § 2, 1986.)