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€F. The hearing examiner shall be an elected or pro tempore Everett municipal court judge, unless the <br /> mayor designates another as hearing examiner. <br /> €G. At the Everett municipal court hearing,the City and the owner of the dog found to be a potentially <br /> dangerous dog or dangerous dog shall be permitted to present evidence in support of their position at <br /> the hearing, including testimony and new evidence which was not provided to the Manager in the <br /> request for review by Manager.The Everett municipal court appeal hearing shall be a de novo review of <br /> the Manager's decision, a copy of which shall be provided to the hearing examiner.The Everett <br /> municipal court hearing examiner may consider the Manager's decision, but is not obligated to follow it. <br /> CH. 1. Dogs shall not be declared potentially dangerous or dangerous by the hearing examiner or <br /> Manager if a threat, injury,or damage sustained by a person forms the probable cause to believe the <br /> dog is potentially dangerous or dangerous, and the threat, injury, or damage was sustained by a person <br /> who, at the time, was committing a willful trespass or other tort upon the premises occupied by the <br /> owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed <br /> or reported to have tormented, abused, or assaulted the dog, or was committing or attempting to <br /> commit a crime. <br /> 2. At the hearing,the burden shall be on the owner of the dog, by a preponderance of the <br /> evidence, that one or more of the circumstances set forth in subsection (6H)(1) of this section existi <br /> provided, however,that the burden as to "unprovoked" under EMC 6.08.030 is still on the City to prove <br /> by a preponderance of the evidence. <br /> 3. Subsection (G)(1)of this section shall not apply if the dog is believed to be a potentially <br /> #I. 1. At the conclusion of the Everett municipal court hearing, the hearing examiner shall issue a <br /> written decision. <br /> 2. At the conclusion of a hearing to determine whether a dog is to be declared dangerous, the <br /> decision of the hearing examiner may be: <br /> a. The dog in question is declared to be a dangerous dog; or <br /> b. The dog in question is declared to be a potentially dangerous dog; or <br /> c. The dog in question is declared to be a potentially dangerous dog; with additions, <br /> deletions and/or modifications made to the restrictions initially proposed to be placed on the <br /> dog by the Everett animal control; or <br /> d. The dog in question is declared to be neither dangerous or potentially dangerous. <br /> 3. At the conclusion of a hearing to determine whether a dog is to be declared potentially <br /> dangerous, the decision of the hearing examiner may be: <br /> a. The dog in question is declared to be a potentially dangerous dog; or <br /> b. The dog in question is declared to be a potentially dangerous dog, with additions, <br /> deletions and/or modifications made to the restrictions initially proposed to be placed on the <br /> Now <br /> 2019 ORDINANCE: Dangerous and <br /> Potentially Dangerous Dogs Page 10 of 15 <br />