The city council finds that certain dogs are a threat to the safety and welfare of citizens by virtue of their unpredictability and the potential to inflict severe injury without provocation. Some of these risks are attributable to the failure of owners to confine or properly control such dogs or to characteristics of particular dogs. The council believes that this chapter is necessary to better address this situation as the potential for harm outweighs the burden of added requirements on certain dog owners. The purpose of this chapter is to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of these provisions. Should there be any conflict between the provisions of this chapter and other portions of this code, the provisions of this chapter shall prevail. (Ord. 1298 § A(part), 2007).

As used in this chapter, the following terms shall have the meanings as set forth in this section:
Confined. For purposes of this chapter, “confined” means, securely indoors with limited means for entry or exit, or within an enclosed and locked fenced pen or structure. Such fenced pen or structure must have attached 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 two feet.
“Dangerous dog” means any dog that:
1. Inflicts severe injury on a human being without provocation on public or private property; or
2. Kills a domestic animal without provocation while the dog is off the owner’s property; or
3. Has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans.
“Owner or keeper” means any person, firm, corporation, partnership, limited partnership, association, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal.
“Potentially dangerous dog” means any dog that when unprovoked:
1. Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; or
2. Inflicts bites on a human or domestic animal either on public or private property; or
3. Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise aggressively threaten the safety of humans or domestic animals.
Residence. For the purposes of this chapter, “residence” means and includes the premises controlled by a dog’s owner or keeper, including a dwelling unit or business, so long as the area at issue is not a place to which the public is generally invited, nor a common area of a condominium or multifamily residential property.
“Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
“Unconfined” means not securely confined indoors or not confined in a securely enclosed and locked fenced pen or structure. Such fenced pen or structure must have attached 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 two feet. (Ord. 1298 § A(part), 2007).

It is unlawful to keep, harbor, own or in any way possess a dangerous dog or potentially dangerous dog within the city limits of Lynden, except as permitted pursuant to this chapter. (Ord. 1298 § A(part), 2007).

The Lynden police chief may find and declare a dog dangerous or potentially dangerous if there is probable cause to believe that the animal falls within the respective definitions set forth in LMC Section 6.09.020.
Pursuant to RCW Section 16.08.080 the declaration shall be served upon the owner or keeper stating the statutory basis for the proposed action; the reasons the animal is considered dangerous or potentially dangerous; a statement if the dog is subject to registration and controls required by this chapter, including a recitation of the registration requirements; and an explanation of the owner’s rights and of the proper procedure for appealing a decision finding the dog dangerous or potentially dangerous. Prior to the Lynden police chief issuing its final determination, the police department shall notify the owner in writing that he or she is entitled to an opportunity to meet with the police chief, at which meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous or potentially dangerous. The notice shall state the date, time, and location of the meeting, which must occur prior to expiration of fifteen calendar days following delivery of the notice. The owner may propose an alternative meeting date and time, but such meeting must occur within the fifteen-day time period set forth in this section. The format of the meeting is informal and need not be recorded. After such meeting, the police chief must issue his or her final determination, in the form of a written order, based upon a preponderance of the evidence, within fifteen calendar days. In the event no meeting occurs due to the owner’s failure to meet with the police chief, the determination of the police chief shall be final.
In the event the police chief declares a dog to be dangerous or potentially dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the person who made the determination. The order shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the owner’s last address known to the Lynden police department. (Ord. 1298 § A(part), 2007).

The owner may file an appeal to the city council challenging the final written order and declaration of the police chief made pursuant to this chapter. The appeal must be filed within ten days of the date of mailing the declaration of dangerous dog or potentially dangerous dog. The city council will conduct an open-record public hearing for any timely filed appeal within thirty days of the date of filing and shall issue its decision in writing. (Ord. 1298 § A(part), 2007).

The owner of a dangerous dog or potentially dangerous dog shall not permit such dog to go unconfined at any time upon the premises of such owner or keeper as outlined in Section 6.09.090. (Ord. 1298 § A(part), 2007).

The owner or keeper of a dangerous dog or potentially dangerous dog shall not permit such dog to go beyond the premises of such person unless such dog is securely leashed and muzzled or otherwise securely restrained and muzzled. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting or causing severe injury to any person or animal. (Ord. 1298 § A(part), 2007).

A. Every person who keeps a dangerous dog must hold a valid certificate of registration to do so pursuant to RCW 16.08 by the city of Lynden.
B. A person may be licensed annually to keep a dangerous dog if he or she complies with all of the following requirements:
1. The owner or keeper of a dangerous dog must be at least eighteen years of age and regularly reside at the residence at which the dangerous dog is kept.
2. Such person annually presents proof that he or she has at least two hundred fifty thousand dollars liability insurance covering any damage or injury which may be caused by the dangerous dog he or she owns, and continually maintains such insurance in effect.
3. Such person has and will maintain the means by which to confine any dangerous dog in a secure enclosure as provided herein.
4. Such person shall display a sign on the premises stating “Dangerous Dog.” This sign shall be visible and capable of being read from any adjacent public street or sidewalk. In addition, the owner shall conspicuously display the sign with a warning symbol that informs children of the presence of a dangerous dog.
5. An owner’s request to be licensed to keep a dangerous dog may be denied if the city has reasonable cause to believe that such person may not keep a dangerous dog in compliance with the provisions of this chapter, such as because a dangerous dog has previously not been confined in a secure enclosure, or because the owner has a history of other dangerous dog ordinance violations that have occurred in this or other jurisdictions.
6. A person shall be licensed annually to keep a dangerous dog if he or she complies with all of the requirements of this chapter and RCW 16.08.080(6). (Ord. 1298 § A(part), 2007).

A. Every person who causes a violation of the following confinement and/or control requirements is guilty of failure to confine or control a dangerous dog or potentially dangerous dog.
1. An owner or keeper of a dangerous dog or potentially dangerous dog is guilty of failure to confine a dangerous dog or potentially dangerous dog if the owner or keeper fails to ensure that such dog is confined at all times in accordance with this section.
a. An owner and/or keeper of a dangerous dog or potentially dangerous dog shall securely confine such dog indoors or outside in a securely enclosed and locked kennel, fenced pen or enclosed area. Such outdoor structure shall have secure sides and a secure top attached to the sides, and a secure bottom or floor attached to the sides unless the sides are embedded in the ground to a depth of at least two feet. Such outdoor structure shall be locked with a key or combination lock when occupied by a dangerous dog or potentially dangerous dog.
b. When a dangerous dog or potentially dangerous dog is indoors, it shall be in a part of a house or structure which will prevent escape from indoors.
2. An owner or keeper of a dangerous dog or potentially dangerous dog is guilty of failure to control a dangerous dog or potentially dangerous dog if the owner or keeper fails to ensure that such dog is controlled at all times in accordance with this section.
a. No person shall permit a dangerous dog or potentially dangerous dog to go outside of the premises of the licensed keeper unless the dangerous dog or potentially dangerous dog is securely leashed with a tether of no more than four feet, having a minimum tensile strength of three hundred pounds, and controlled by a person physically capable of restricting the dangerous dog’s or potentially dangerous dog’s movements to a radius of no more than three feet from such person. Such dogs shall not be leashed to inanimate objects such as trees or poles. In addition, all dangerous dogs or potentially dangerous dogs shall be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals at all times when they are off the premises of the licensed owner or keeper.
B. Any dog which is declared to be a potentially dangerous dog or dangerous dog shall be required to have a microchip implant for monitoring purposes implanted by a veterinarian of the owner’s choice, at the owner’s expense. This must be accomplished within thirty days after receipt of the “dangerous dog” or “potentially dangerous dog” declaration issued by the Lynden police chief. (Ord. 1298 § A(part), 2007).

No person shall keep a dangerous dog over the age of six months at their premises unless such dog has been spayed or neutered and the city has been provided a copy of a veterinarian’s certification as to the sterilization. (Ord. 1298 § A(part), 2007).

No person shall keep a dangerous dog at their premises unless such dog has been vaccinated against rabies within the last three years and the city has been provided a copy of a veterinarian’s certification of rabies vaccination. (Ord. 1298 § A(part), 2007).

If the licensed owner or keeper of a dangerous dog fails to comply with any provision of this chapter, or dangerous dogs kept at the premises of the licensed keeper are not controlled in accordance with the provisions of this chapter, then the license of the owner or keeper is subject to suspension or permanent revocation. (Ord. 1298 § A(part), 2007).

A. A dangerous dog may be seized if it is not being confined or controlled as provided in this chapter.
B. Any dangerous dog which is not being kept by a validly licensed keeper may be seized.
C. Following seizure and impoundment of the dangerous dog, the Lynden police chief must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the impoundment of the dangerous dog, that the owner is responsible for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within twenty days.
D. An owner, agent of an owner or keeper of a dangerous dog may petition for the release of such dog. If after no fewer than two days following the seizure no person petitions for release of the dangerous dog, such dog may be humanely destroyed. A dangerous dog whose release has been sought by petition may only be humanely destroyed after opportunity for a hearing before the police chief on the petition for the release of such a dog. The hearing shall occur within five days following the seizure. The format of the hearing shall be informal and need not be recorded.
E. The dangerous dog may be released to a person validly licensed to keep dangerous dogs after any costs incurred in conjunction with the seizure or impoundment have been paid in full.
F. A dangerous dog may be released to a person who demonstrates his or her ability to protect the public while transporting such dog out of the city of Lynden once all costs have been paid. Said dangerous dog must thereafter be transported out of the city of Lynden within one hour of being released.
G. A dog that was to be transported out of Lynden may be seized if found within the city limits with a validly licensed keeper or other person. It is a misdemeanor for any person to be within the city limits with a dangerous dog that was transported out of Lynden pursuant to subsection F above.
H. Any dangerous dog found within the city limits after being transported out of the city limits pursuant to subsection F above may be humanely destroyed after said keeper or person is convicted of the misdemeanor.
I. A dog that was to be transported out of Lynden pursuant to subsection F above and is running at large will be subject to immediate humane destruction if such dog is again found in the city of Lynden more than one hour after the release. (Ord. 1298 § A(part), 2007).

A. Nothing in this chapter limits the right of the city or private persons to pursue other lawful criminal, civil or equitable remedies to abate, discontinue or correct violations of this chapter or other risks posed by dogs.
B. 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. (Ord. 1298 § A(part), 2007).

It shall be an affirmative defense for a violation of this section if, at the time of personal injury or damage to property inflicted by a dangerous dog was sustained, an individual was committing a trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, assaulting or otherwise provoking the dog or has, in the recent past, been observed or reported to have tormented, abused, assaulted or otherwise provoked the dog or was committing or attempting to commit a crime on the premises. (Ord. 1298 § A(part), 2007).

Any owner or keeper of “potentially dangerous dog” found to be in violation of this chapter, unless otherwise enumerated in this chapter, shall be guilty of a violation of a city ordinance and shall be subject to punishment of a misdemeanor and fine of not more than one thousand dollars or imprisonment for a term not in excess of ninety days.
Any owner or keeper of a “dangerous dog” found to be in violation of this chapter, or otherwise violates or fails to comply with any requirement of this chapter, unless otherwise enumerated in this chapter, shall be guilty of a violation of a city ordinance and shall be subject to punishment of a gross misdemeanor and fine of not more than five thousand dollars or imprisonment for a term not in excess of one year, or both pursuant to RCW 16.08. (Ord. 1298 § A(part), 2007).

Any dog kept by a law enforcement agency for law enforcement purposes is exempt from this chapter. (Ord. 1298 § A(part), 2007).

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The council hereby declares that it would have passed this code and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases has been declared invalid or unconstitutional, and if, for any reason, this chapter should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. (Ord. 1298 § A(part), 2007).