26.65.040 Vicious dogs | Cowlitz Tribal Code

26.65.040 Vicious dogs.

(1) Requirement of Physical Restraint. No person shall keep, own or possess within the boundaries of the Cowlitz Indian Reservation any vicious dog unless muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person or confined in a proper enclosure, as defined in CTC 26.65.010(5), in such a way as to prevent it from biting any human being, livestock, domestic animal, or game animal; nor permit such dog to run at large at any time.

(2) Right to Destroy. Any person shall have the right to destroy immediately any dog engaged in the process of injuring or harassing livestock or other domestic or game animals or threatening or inflicting harm to any person, or inflicting serious harm to personal or Tribal property.

(3) Registration, Identification, and Insurance of Vicious Dog. It is unlawful for an owner to have a vicious dog on the Reservation without a certificate of registration issued under this section. The animal control authority shall issue a certificate of registration to the owner of a vicious dog if the owner presents to the authority sufficient evidence of:

(a) A proper enclosure, as defined in CTC 26.65.010(5), to confine a vicious dog and the posting of the premises with a clearly visible warning sign that there is a vicious dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that warns children of the presence of a vicious dog; and

(b) A surety bond issued by a surety insurer in a form acceptable to the animal control authority in the sum of at least $50,000 payable to any person injured by the vicious dog; or

(c) A policy insurance, such as homeowners insurance, in the amount of at least $50,000 insuring the owner for any personal injuries inflicted by the vicious dog.

(4) Declaration of Vicious Dog. An animal control authority shall identify and classify potentially vicious dogs. The animal control authority may find and declare a dog vicious if the animal control authority has probable cause to believe that the dog falls within the definition set forth in CTC 26.65.010(4). Probable cause may be based upon:

(a) The written complaint of a person who is willing to testify that he or she witnessed the dog acting in a manner that causes it to fall within the definition of “vicious dog”; or

(b) Dog bite reports filed with an animal control authority; or

(5) Written Notice. Upon the animal control authority’s determination that probable cause exists to believe that a dog is vicious, the animal control authority may, if practicable, issue a written notice to the owner of the dog. The notice, if written, shall contain the following:

(a) The name and address of the owner of the dog; and

(b) A brief description and/or breed of the dog; and

(d) The requirements for restraint of the dog, as determined by subsection (1) of this section, and that these requirements must be complied with within 48 hours; and

(e) A statement that, if the requirements are not timely met, the animal control authority has the authority to issue a civil infraction or report such noncompliance to the Tribes’ prosecution office, which has the authority to initiate civil penalties under Civil Infractions; and

Written notice shall be served in person to owner of dog(s) by the animal control authority.

(6) Right of Owner. The owner of a dog(s) declared vicious may request a hearing before the Cowlitz Tribal Court for a hearing to prove that no probable cause exists for the dog(s) to be declared vicious. Owner must comply with subsection (3)(a) of this section until the matter can be heard, and/or the Judge makes a determination, by hearing or otherwise, that the dog is not vicious. The owner of the dog must request a hearing within 10 days of notice.

(7) Violation. Any dog that has previously been found to be a vicious dog, under this chapter, is in violation of this chapter if:

(a) The dog is not validly registered under subsection (3) of this section; or

(b) The owner does not secure and maintain liability insurance coverage required under subsection (3)(b) or (c) of this section; or

(d) The dog is outside of the dwelling of the owner or outside of the proper enclosure and not under the physical restraint of a responsible person; or

(e) The dog attacks and inflicts harm on any person, livestock, game, or domestic animal.

(8) Enforcement. Any owner who keeps his/her dog in violation will be subject to:

(a) Immediate confiscation and destruction of the dog by an animal control authority.

(b) A civil penalty as assessed under CTC 26.65.150.