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A. A violation of any of MMC 8.04.040(B), (D) through (H) and (K) through (N) shall constitute an infraction subject to the penalties set by resolution adopted by the city council. In the absence of a penalty set by resolution, the default civil penalty shall be one hundred dollars. In the case of any ambiguity the lesser amount shall apply.

B. Upon conviction of any person for any violation of the provisions of this chapter not listed in subsection (A) of this section, or if a person has committed more than two infractions under subsection (A) of this section, that person shall be guilty of a gross misdemeanor and be punished by a fine of not more than five thousand dollars plus costs, penalties, assessments and/or jail for up to three hundred sixty-five days. Any conflicting state criminal penalties shall supersede the criminal penalties set by this chapter.

C. Each day any person shall be in violation of this chapter shall be deemed a separate offense.

D. If a dangerous dog of an owner with a prior conviction under this chapter, to the extent the conviction implements Chapter 16.08 RCW, 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. 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.

E. The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether the dog has been previously declared potentially dangerous or dangerous, shall be guilty of a class C felony, punishable in accordance with RCW 9A.20.021. 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.

F. Chapter 16.08 RCW, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein. Chapter 16.08 RCW supersedes this chapter if a conflict occurs between Chapter 16.08 RCW and this chapter to the extent that the city is precluded by state law from having conflicting provisions. (Ord. 012/2011 § 1 (Exh. A); Ord. 002/2011 § 6; Ord. 005/2009 § 6; Ord. 1274, 2002; Ord. 981, 1991)