7.20.015 Classification of animals.
A. Classifications. Subject to the authority of the chief animal care and regulation officer pursuant to WMC 7.20.018, an animal may be classified based on one of the following levels:
1. Level 1 classification is established if an unrestrained animal has engaged in the following activities:
a. Aggressive lunging; or
b. Barking; and
c. Has by its behavior caused a person to modify, stop, or alter the person’s activity; caused a person to fear or be in apprehension for a person’s safety from the animal’s behavior; or has caused flight of an animal or disruption of a domestic animal flock or group. The burden of proof in this section shall be one of a reasonable belief by the victim or victim owner that the victim was in danger of being attacked as defined in WMC 7.04.010, but an actual attack did not occur; or
d. Is found at large more than two times within a 12-month period.
2. Level 2 classification is established if an animal bites or causes any physical injury to any domestic or wild animal.
3. Level 3 classification is established if an animal:
a. While under restraint, inflicts an aggressive bite or causes any physical injury to any human; or
b. Causes any serious physical injury to a domestic animal.
4. Level 4 classification is established if any of the following occur:
a. An unrestrained animal inflicts an aggressive bite or causes physical injury to any human; or
b. An unrestrained animal kills a domestic animal; or
c. An animal, regardless of whether it is restrained, for the second time causes any physical injury to a domestic animal or wild animal.
5. Level 5 classification is established if any of the following occur:
a. An animal, regardless of whether it is restrained, causes serious physical injury or the death of any human; or
b. An animal is used as a weapon in the commission of a crime; or
c. An animal classified as Level 3 or Level 4, or as a dangerous animal under a prior enactment of this code, for the second time commits any behavior described in subsection (A)(3) or (A)(4) of this section after the owner receives notice, or should have been aware, of the Level 3 or 4 classification. (Ord. 09-69(AM) § 6, 2009)