8.02.410 Declaration of potentially dangerous and dangerous dogs – Procedure.
(1) The police department or the animal control authority shall have authority to declare, classify and restrict potentially dangerous dogs and dangerous dogs. The department may find and declare an animal potentially dangerous and dangerous if an animal control officer has probable cause to believe that the animal falls within the definition set forth in SMC 8.02.020(7) or (14) or in this chapter. The finding must be based upon:
(a) The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of SMC 8.02.020(7) or (14); or
(b) Dog bite reports filed with the police department; or
(c) Actions of the dog witnessed by any animal control officer or law enforcement officer; or
(d) Other substantial evidence.
(2) The declaration of potentially dangerous dog and dangerous dogs shall be in writing and shall be served on the owner in one of the following methods:
(a) Certified mail to the owner’s last known address; or
(b) Personally; or
(c) If the owner cannot be located by one of the first two methods, by publication in a newspaper of general circulation.
(3) The declaration shall state at least:
(a) The description of the animal;
(b) The name and address of the owner, if known;
(c) The location of the animal if not in custody of the owner;
(d) The facts and RCW or SMC upon which the declaration of potentially dangerous dog or dangerous dog is based;
(e) The restrictions placed on the animal by RCW 16.08.080 or SMC; and
(f) The ability and process for appealing the declaration to the Stanwood hearing examiner and to Snohomish County district court.
(4) A notice of appeal to the hearing examiner, substantially in the form prescribed, shall be filed with the Stanwood chief of police (or chief’s designee) not more than five business days after service of the potentially dangerous dog or dangerous dog declaration. The chief shall forward the appeal request within five business days to the hearing examiner. Failure to timely file a notice of appeal shall constitute a waiver of the right to appeal the determination of the declaration of potentially dangerous dog or dangerous dog.
(5) An appeal pursuant to this chapter shall be written and shall address the following requirements:
(a) The names and addresses of all persons who will be participating in the appeal, along with their legal interest in the dog involved in the proceeding.
(b) A brief statement of the specific action protested, together with any material facts related to this protest.
(c) A brief statement of the outcome sought and the reason why the protested action should be reversed, modified, or otherwise set aside.
(d) The appeal should be signed by the interested persons and include the following penalty of perjury statement by at least one of these persons:
I, _______________________, certify and declare under the penalty of perjury under the laws of the state of Washington the foregoing is true and correct.
(6) Upon receipt of a timely filed notice of appeal, a hearing shall be scheduled not more than 45 days from the date of the filing of the notice of appeal. Written notice of the date of the hearing shall be sent to the appellants at least 10 days prior to the scheduled hearing date. The failure of the appellant to appear at the hearing shall result in a denial of the appeal and upholding of the declaration of potentially dangerous or dangerous dog.
(7) Nothing prevents the appellant(s) and the chief of police from reaching an amicable decision before or at the time of hearing.
(8) If the dog is determined to be potentially dangerous dog or dangerous dog, the owner must pay all costs and fees of confinement, impound and control. In addition, if the owner or keeper does not file a timely written request for hearing, the restrictions imposed in connection with the declaration shall remain in effect for the life of the animal, unless sooner lifted by animal control authority action or by a court of competent jurisdiction.
(9) Appeal to the Hearing Examiner.
(a) Declaration Probable Cause. Dogs shall be declared potentially dangerous or dangerous upon proof that the dog is as defined in SMC 8.02.020(7) or (14) – established by the probable cause standard required for the declaration of the animal control officer.
(b) Presentation of Evidence. At the appeal hearing, the hearing examiner shall take evidence relevant to the potentially dangerous dog declaration or dangerous dog declaration. Testimony will be taken under oath pursuant to the rules of evidence. Parties are responsible for subpoenaing any witnesses they deem necessary to testify.
(c) Burden of Proof and Standard of Review.
(i) At the appeal hearing before the hearing examiner, the animal control authority shall have the burden of proving that the dog is potentially dangerous or dangerous by a preponderance of the evidence.
(ii) At the hearing the burden shall be upon the owner of the dog to prove one or more of the affirmative defenses set forth in SMC 8.02.020(7) or the RCW by preponderance of the evidence.
(iii) The affirmative defenses set forth in SMC 8.02.020(7) shall not apply in actions to declare the dog to be potentially dangerous.
(10) Hearing Before the Hearing Examiner. The owner of the animal may present evidence in defense of the animal. The hearing examiner shall weigh the evidence presented by both the animal control authority and the owner (if applicable). At the conclusion of the hearing the hearing examiner shall issue a written order and may make any of the following determinations:
(a) The dog in question is declared to be a dangerous dog by a preponderance of the evidence;
(b) The dog in question is declared to be a potentially dangerous dog by a preponderance of the evidence;
(c) The dog in question is declared to be neither dangerous nor potentially dangerous.
(11) Decision of the Hearing Examiner. The decision of the hearing examiner shall be a final administrative decision appealable to the Snohomish County district court, Cascade division, within 30 days of the final written order.
(12) Notice of Administrative Appeal to Snohomish County District Court.
(a) If the declaration is sustained or reversed by the court, the appealing animal owner or the animal control authority shall be notified of the right to appeal to Snohomish County district court.
(b) If the declaration is reversed and an appeal is not timely filed by the animal control authority, any restrictions on the animal previously imposed shall be annulled.
(c) Notice of the appeal and any other pleadings required shall be served and filed as prescribed by court rule and law.
(d) The costs of transcribing and preparing all records ordered certified by the hearing examiner or desired by the appellant shall be borne by the appellant. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).