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ORDINANCE NO. 2426
AN ORDINANCE CREATING CHAPTER 6.06 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "HAZARDOUS DOGS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 6.06 of the Moses Lake Municipal Code entitled "Hazardous Dogs" is created as follows:
6.06.010 Definitions: The following words and phases, whenever used in this chapter, shall be construed
as defined in this section:
A. Hazardous Dog means:
1.Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause
injury to, or to otherwise endanger the safety of humans or other domestic animals.
2.Any dog that frequently or habitually snarls or growls at or snaps at or jumps upon or
threatens persons lawfully upon the public sidewalks, streets, alleys, or public places of
the city.
3.Any dog known as an American Pit Bull Terrier, Staffordshire Bull Terrier, American
Staffordshire Terrier, Rottweiler, or Presa Canario breed of dog or any mixed breed of
dog which contains an element of the breed of American Pit Bull Terrier, Staffordshire
Bull Terrier, American Staffordshire Terrier, Rottweiler, or Presa Canario as to be
identifiable as partially of the breed of American Pit Bull Terrier, Staffordshire Bull Terrier,
American Staffordshire Terrier, Rottweiler, or Presa Canario.
B.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 the
premises occupied by them.
C.Unconfined means any hazardous dog which is not securely confined indoors or confined in
a securely enclosed and locked pen or structure upon the premises of the owner of such dog.
The pen or structure must have secure sides and a secure top. If the pen or structure has
no bottom secured to the sides, the sides must be embedded into the ground no less than
one foot (1'). The pen or structure is described in subsection C of this section and may be
inspected by the Community Services Officer or any Police Officer to make sure such pen
or structure complies with the requirements of this chapter. No hazardous dog shall be
tethered or chained.
6.06.020 Unconfined Hazardous Dog on Premises of Owner: The owner of a hazardous dog shall not
cause or permit such dog to go unconfined; provided, however, a hazardous dog is permitted to
be in a secure, fully enclosed fenced yard or pen on the owner's premises, adequate to prevent
escape, so long as the owner is present and providing supervision of the dog's activities. Said
fenced enclosure shall not incude an invisible fence, but shall mean an above-ground fencing
ORDINANCE NO. 2426
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6.06.040 Registration of Hazardous Dogs:
A. In addition to any other registration and licensing requirements required by law, it is unlawful
for any person to keep a hazardous dog without a certificate of registration issued under this
section. This section shall not apply to dogs used by law enforcement officials for police
work.
1. A proper enclosure to confine the hazardous dog and the posting of the premises with
clearly_ visible warning signs that there is a hazardous dog on the property. In addition, CL) HO I L.)
•AL/ AMIIINn
Hrr
ames A. W 'taker, City Attorney
B. The city shall issue a certificate of registration to the owner of a hazardous dog if the owner
presents to the city sufficient evidence of the following: •
1.A proper enclosure to confine the hazardous dog and the posting of the premises with
clearly visible warning signs that there is a hazardous dog on the property. In addition,
the owner shall conspicuously display warning symbols that inform children of the
presence of a hazardous dog.
2.Evidence that a microchip has been implanted in the hazardous dog, the microchip is
registered, and the annual service fee is paid.
3.Proof that the hazardous dog has been spayed or neutered.
4.A policy of liability insurance, such as homeowner's insurance, issued by an insurer
qualified under RCW Title 48 in the amount of at least two hundred fifty thousand dollars
($250,000), insuring the owner against liability to any person for injuries inflicted by the
hazardous dog.
C. A fee of one hundred fifty dollars ($150) shall be paid to the city by any person seeking to
register a hazardous dog.
6.06.050 Aqe Requirement to Own a Hazardous Dog: Owners of hazardous dogs must be at least
eighteen (18) years old.
6.06.060 Impounding Authority: The Community Services Officer or any Police Officer shall have the
authority to impound a hazardous dog, pursuant to the procedure provided in Chapter 6.05.080
and .090.
6.06.070 Penalties: Failure to comply with any provisions of this chapter shall subject the violator to a C-1
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penalty.
6.06.080 Severability: If any one or more of the sections or provisions provided in the ordinance codified
in this chapter shall be declared by any court of competent jurisdiction to be ccntrary by law, then
such sections or provisions shall be null and void and shall be deemed separable from the
remaining sections or provisions in the ordinance codified in this chapter and shall in not way
affect the validity of the remaining sections or provisions in the ordinance codified in this chapter.
6.06.090 General Duty: Nothing in this chapter is intended to create a cause of action or claim against the
city or its officials or employees running to specific individuals. Any duty created herein is
intended to be a general duty running in favor of the public citizenry.
Section 2. This ordinance shall take effect and be in force on January 1, 2009.
B. The city shall issue a certificate of registration to the owner of a hazardous dog if the owner
presents to the city sufficient evidence of the following: •