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A. Grounds for confiscation. Any dangerous dog or potentially dangerous dog shall be immediately confiscated by the Animal Control Officer if:

1. The dog is not validly registered under this chapter or RCW 16.08.080;

2. The owner does not secure the liability insurance coverage required under this Chapter or RCW 16.08.080;

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 of a responsible person.

B. The owner of a dangerous dog or potentially dangerous dog shall be guilty of a gross misdemeanor in any of the following circumstances:

1. The owner does not validly register and/or maintain a valid registration for the dangerous dog or potentially dangerous dog;

2. The owner does not secure and/or maintain liability insurance required by this Chapter or RCW 16.08.080;

3. The owner does not maintain the dog in a proper enclosure; or

4. The owner or a responsible person does not physically restrain the dangerous dog or potentially dangerous dog while the dog is outside the dwelling of the owner, or the dog is outside the proper enclosure required by this Chapter or RCW 16.08.

C. If a dangerous dog of an owner with a prior conviction under this chapter or RCW 16.08.100, attacks or bites a person or another domestic animal, the dog’s owner is guilty of a class C felony, punishable in accordance with RCW 9A.20.021. The matter shall be referred to the County Prosecutor for prosecution. In addition, the dangerous dog shall be immediately confiscated by an Animal Control Authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.

D. The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether or not the dog has previously been declared potentially dangerous or dangerous, shall be guilty of a class C felony punishable in accordance with RCW 9A.20.021. The matter shall be referred to the County Prosecutor for prosecution. In addition, the dog shall be immediately confiscated by an Animal Control Authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.

E. The owner of any dog that has been confiscated, quarantined, and/or destroyed shall be responsible for all of the associated costs. The same may be assessed as restitution in any misdemeanor or felony prosecution. The City in addition shall have the right to pursue an action in a court with jurisdiction to collect the associated costs. In any such action the City shall be entitled to recover its costs and reasonable attorneys fees. (Ord. 2100, 2005)

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