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A. Licensing. All owners of dangerous dogs in the city of Bothell must also obtain a city of Bothell dangerous dog certificate of registration. The applicant shall apply for such certificate upon forms supplied by the city clerk and pay an annual fee as established by resolution of the city council, which shall not be prorated for any part of a year. The city of Bothell dangerous dog certificate of registration shall be issued upon completing the requirements of this section.

B. In order to receive a certificate of registration for dangerous dog, an owner of such animal must present to the animal control authority sufficient evidence of:

1. A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog; and

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, payable to any person injured by the vicious or dangerous dog, or a policy of liability insurance, such as homeowners insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000, insuring the owner for any personal injuries inflicted by the vicious or dangerous dog. A proper enclosure of a dangerous or potentially dangerous dog is required.

3. While on the owner’s property, a dangerous or potentially dangerous dog shall be securely confined indoors or 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 and any other devices determined necessary for security by the animal control authority and shall also provide protection from the elements for the dog.

C. It is unlawful for an owner of a dangerous dog or potentially dangerous dog to permit the dog to be outside the property enclosure unless restrained by a substantial chain or leash and under physical restraint of a responsible person. A dangerous dog outside a proper enclosure shall also be muzzled and the muzzle shall be made in a manner that will not cause injury to the dog nor interfere with its vision or respiration but shall prevent it from biting any person or animal. The owner of a dangerous dog must post the premises with a visible warning sign as indicated above in subsection (B)(1) of this section.

D. Any dog shall be immediately confiscated by the animal control authority if:

1. The dog is not validly registered by the city;

2. The owner does not secure and maintain liability insurance coverage or surety bonds as required above;

3. The dog is not maintained in the proper enclosure; or

4. The dog is outside of the dwelling of the owner or outside of the proper enclosure and not under physical restraint and/or muzzled as indicated above.

Any dangerous dog confiscated under this section will be disposed of as an unredeemed animal and the owner shall have no right to redeem such dog. Any owner of a dangerous or potentially dangerous dog in violation of this section shall be guilty of a gross misdemeanor punishable in accordance with BMC 1.24.010; provided, however, that if a dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person or another domestic animal, the owner shall be guilty of a Class C felony pursuant to RCW 16.08.100(2), the dog shall be immediately confiscated by the animal control authority, placed in quarantine for the proper length of time and thereafter destroyed in an expeditious and humane manner. In addition, the owner of any dog that aggressively attacks and causes severe injury or death to any human, whether the dog has previously been declared potentially dangerous or dangerous, shall be guilty of a Class C felony pursuant to RCW 16.08.100 and the dog shall be confiscated, placed in quarantine and thereafter destroyed in an expeditious and humane manner.

E. It is unlawful for an owner to have a dangerous dog in the city without a certificate of registration from the city.

F. The provisions of this section shall not apply to dogs used by law enforcement officials for police work. (Ord. 2061 § 15, 2011; Ord. 2040 § 4, 2010; Ord. 1511 § 29, 1993; Ord. 1306 § 18, 1988; Ord. 1291 § 1, 1988; Ord. 1279 § 19, 1987).