In Enumclaw, Washington, it is unlawful to keep, harbor, own or possess a pit bull dog, with exceptions for dogs licensed before the effective date of the ordinance. Such dogs are subject to certain requirements, such as proper confinement, the use of a leash and muzzle, posting “Beware of Dog” signs, the use of special orange collars, photographs and tattoos for identification purposes, keeping $100,000 liability insurance, and vaccinating the dog against rabies. Failure to comply may result in the humane destruction of the dog.
Chapter 7.08
PIT BULL DOGS
Sections:
7.08.010 Definitions.
7.08.020 Keeping of pit bull dogs prohibited.
7.08.030 Keeping of licensed pit bull dogs.
“Pit bull dog” means any dog over the age of six months known by the owner to be a Pit Bull Terrier. Pit Bull Terrier shall mean any Bull Terrier, American Pit Bull Terrier, or Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog or any mixed breed of dog which contains as an element of its breeding the breed of Bull Terrier, American Pit Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier so as to be identifiable as partially of the breed Bull Terrier, American Pit Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier.
(Ord. 1658 §§ 1, 2, 1990).
7.08.020 Keeping of pit bull dogs prohibited.
It is unlawful to keep, or harbor, own or in any way possess a pit bull dog within the city.
(Ord. 1658 §§ 1, 3, 1990).
7.08.030 Keeping of licensed pit bull dogs.
A. The provisions of EMC 7.08.020 shall not be applicable to any owners, keepers or harborers of pit bull dogs licensed by the city before the effective date of the ordinance codified in this chapter. The keeping of such licensed dogs shall be subject to the following standards:
1. Sale or Transfer of Ownership Prohibited. No person shall sell, barter or in any other way dispose of a pit bull dog licensed within the city to any person within the city unless the recipient person resides permanently in the same household and on the same premises as the licensed owner of such dog; provided, that the owner of a licensed pit bull dog may sell or otherwise dispose of a licensed dog or the offspring of such dog to persons who do not reside within the city.
2. Animals Born to Licensed Dogs. All offspring born to pit bull dogs licensed with the city shall be removed from the city within six weeks of the birth of such animal.
3. Reporting Requirements. All owners, keepers or harborers of licensed pit bull dogs shall within 10 days of the following occurrence, report the following information in writing to the city clerk as required hereinafter:
a. The removal from the city or death of a licensed pit bull dog;
b. The birth of offspring of a licensed pit bull dog;
c. The new address of the owner of a licensed pit bull dog should the owner move within the city limits.
4. Leash and Muzzle. No person shall permit a licensed pit bull dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four feet in length. No person shall permit a licensed pit bull dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such dogs shall not be leashed to inanimate objects such as trees, posts or buildings. In addition, all licensed pit bull dogs on a leash outside the animal’s kennel shall be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
5. Confinement. All licensed pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen, kennel or structure, except when leashed and muzzled as above provided. Such pen, kennel or structure shall have secure sides and a secure top attached to the sides as to prevent such animals from escaping. Any pen, kennel or structure used to confine licensed pit bull dogs shall be locked with a key or combination lock when occupied by such animals. Such pen, kennel or structure shall have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. Any pen, kennel or structure erected to house pit bull dogs shall comply with all zoning and building regulations of the city. Any pen, kennel or structure shall be adequately lighted and ventilated and kept in a clean and sanitary condition.
6. Confinement Indoors. No licensed pit bull dog shall be kept on a porch, patio or in any part of a house or structure which would allow such dog to exit such building on its own volition. In addition, no such animal shall be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
7. Signs and Special Collars. All owners, keepers or harborers of licensed pit bull dogs shall within 10 days of the effective date of the ordinance codified in this chapter display in a prominent place on their premises a sign easily readable by the public using the words “Beware of Dog.” In addition, a similar sign shall be posted on the kennel or pen of such animal. All licensed pit bull dogs shall be identified by means of a blaze orange collar at least two inches wide.
8. Identification Photographs and Tattoos. All owners, keepers or harborers of licensed pit bull dogs shall provide within 10 days of the effective date of the ordinance codified in this chapter to the city clerk two three-by-five-inch color photographs of the licensed animal clearly showing the color and approximate size of the animal. The owner or keeper shall within the aforementioned 10-day period at his own expense have the license number assigned tattooed upon such a pit bull dog by a licensed veterinarian. The tattoo shall be placed either on the upper inner lip or inside upper left rear thigh of the dog.
9. Insurance. All owners, keepers or harborers of licensed pit bull dogs shall within 10 days of the effective date of the ordinance codified in this chapter present to the city clerk proof that the owner or keeper has procured liability insurance in the amount of at least $100,000, covering any damage or injury which may be caused by such pit bull dog during the following 12-month period. Such policy shall contain a provision naming the city as additional insured and an additional provision requiring the insurance carrier to notify the city 30 days in advance of any cancellation, termination or expiration of such liability insurance. Such insurance shall be renewed annually so as to provide continuous coverage and shall be subject to approval by the city attorney as to form.
10. Vaccination (Immunization) Against Rabies. All owners, keepers or harborers of licensed pit bull dogs shall within 10 days of the effective date of the ordinance codified in this chapter show proof to the city clerk that a licensed pit bull dog has been vaccinated against rabies within the last three years. Failure of any pit bull dog at any time to wear an up-to-date rabies vaccination tag issued by a licensed veterinarian who administered the vaccine shall be prima facie evidence of the dog’s lack of vaccination against rabies and subject such dog to immediate confiscation by the animal control officer. All pit bull dogs shall be vaccinated against rabies every three years.
B. Failure to Comply. It shall be unlawful for the owner, keeper or harborer of a pit bull dog licensed with the city to fail to comply with the requirements and conditions set forth in this chapter. Each day of violation shall be a separate offense. Any pit bull dog found to be subject of a violation of this chapter shall be subject to immediate confiscation by the animal control officer. Such animal shall be humanely destroyed unless a judge of a court of competent jurisdiction orders its release or the owner provides adequate proof to the animal control officer that such licensed dog shall no longer reside in the city. The animal control officer shall hold the dog for a period of 10 days before it is humanely destroyed, giving an opportunity for any requests to a court of competent jurisdiction. In the event the court of competent jurisdiction orders that the dog be returned to the owner, the owner shall be required to pay the kennel fee as set forth by animal control during the period that the animal was held. In the event that the animal is ultimately humanely destroyed, King County animal control shall pay the kennel fee for the first three days, the city shall pay King County animal control for the kennel fee for the remaining seven days. In addition to the compensation paid to King County under the interlocal agreement for animal control, the city may seek reimbursement of the kennel fees paid from the owner.
(Ord. 1665 § 1, 1990; Ord. 1658 §§ 1, 4, 1990).