Community Newspaper for Blaine, Birch Bay and Semiahmoo, Washington

VIEWPOINT

By Police Chief Bill Elfo

The Blaine police department and Bellingham-Whatcom Humane Society have received an increase in the number of reported attacks by vicious dogs within the City. The City contracts with the Humane Society to provide animal control and enforcement services. However, when the Humane Society is unavailable or the matter is serious, the Police Department also responds and conducts investigations.

As a result of these reports, the police department will request that the Humane Society increase patrols in central Blaine and impound stray dogs that appear to be creating problems for residents. The owners of unattended dogs that roam at large will be subject to impound fees and fines. Residents and others should not hesitate to report dogs that appear vicious to the Blaine Police Department. However, if police officers or animal control officers do not witness violations of the animal control ordinance, they do not have authority to arrest or cite and must refer the case to the prosecutor’s office in order for charges to be filed.

It is unlawful under the Municipal Code to cause or permit a dog to roam off the owner’s premises when not under restraint by a leash, chain or voice control. Violations are infractions with fines up to $150 for first offenses and $500 for subsequent offenses. Dogs are also required to be licensedand vaccinated for rabies.

The police department is particularly concerned about vicious dogs that attack other animals or human beings. The Humane Society has the authority to declare dogs “potentially dangerous” or “dangerous” if they have attacked and inflicted injury on a human without provocation, attacked other domestic animals or approached persons off the owner’s premise in a menacing fashion or apparent attitude of attack. This declaration must be based on competent evidence that includes proof of the identity of the dog and the facts upon which the declaration is based. It is not applicable if the person bit is a trespasser or intruder. The owner of the dog must be provided notice and has the opportunity to appeal the Humane Society’s decision to the Blaine Municipal Court. The Humane Society has the burden of proof in such cases.

Upon declaring a dog “dangerous” or “potentially dangerous,” the Humane Society may impose a number of restrictions pertaining to how the animal is kept. Among other things, it can be required that the dog be kept in a secure enclosure while on the owner’s property and kept muzzled, leashed and controlled by a person over 18 any time it is off the owner’s premises.

If the owner fails to abide by dangerous dog restrictions, the dog may be confiscated and, upon approval by the Municipal Court, destroyed. The owner is also subject to criminal charges and if found guilty, can be sentenced up to one year in jail and fined up to $5,000. Second and subsequent violations constitute criminal felonies and may subject the owner to up to five years in state prison.

A few reports regarding relatively recent incidents occurring in central Blaine include:

On May 20th, a resident reported that a large Rottweiller approached her in an aggressive manner as she walked a collie on Cherry Street. The resident indicated that the Rottweiller tried to attack her collie. She further indicated that she has experienced similar problems with the same dog and, on previous occasions, unsuccessfully tried to work things out with the dog’s owner. The matter was referred to the Humane Society for a determination as to whether sufficient cause existed to declare the dog dangerous. The case was also forwarded to the prosecutor.

On June 2, 2001, a resident living in the 800 block of Blaine Avenue reported coming home to find two dogs had entered his home through an open door and killed his 18-year-old cat. He chased the dogs from his home. During the course of the police investigation, the cat owner has viewed many neighborhood dogs but has not yet been able to identify those involved. The investigation is continuing.

On June 5, police responded to a complaint about a dog leaving its owner’s property and attacking another dog in the 1100 block of Mitchell Avenue. The dog involved in the attack was also the source of complaints from two incidents that occurred in late 2000. The police department recommended that the prosecutor file appropriate charges and that the Humane Society ensures that the dog is declared dangerous.

On June 9th, police responded to the 600 block of Cherry Street where a 14-year-old Labrador retriever was attacked on its owner’s front porch by a medium sized black Labrador and a reddish-gold mixed breed dog. The older dog was seriously injured and nearly killed by the other animals.

The owners of the dogs alleged to have committed the attack are Kaleb Smith, age of 19, of Custer, and Daniel Pickard, age 19, of Blaine. Officers have requested that the prosecutor charge both with keeping dogs at large and failing to have their dogs licensed. Smith and Pickard frequent, but do not reside, at a residence in the 1100 block of Mitchell Avenue which has been the source of other related complaints regarding vicious dogs. The police department has requested that the Humane Society declare the dogs involved in the attack as dangerous.