Ordinance 3705-19 - Laserfiche WebLink

dog by the Everett animal control; or c. The dog in question is declared to not be a potentially dangerous dog. 4. At the conclusion of a hearing regarding the Manager's decision under EMC 6.08.047,the decision of the hearing examiner may be: a.The dog in question shall continue to be designated as potentially dangerous,with no amendments to the restrictions or conditions placed on the dog; or b.The dog in question shall continue to be designated as potentially dangerous,with amendments to the restrictions or conditions placed on the dog; or c.The dog in question shall be reclassified to remove the potentially dangerous dog designation, subject to the continuing record that the dog was previously declared potentially dangerous as outlined in EMC 6.08.047(B). 45. The decision of the hearing examiner shall be final. Proceedings to review the decision must be instituted within fifteen days of the date of the written decision. Section 8. Section 9 of Ordinance No. 2393-99, as amended by Section 5 of Ordinance No. 2782- 04, codified at EMC 6.08.045, is amended as follows, with strikeouts deleted and underlining added: Dangerous and potentially dangerous dogs—Confiscation. A. Any dangerous dog shall be immediately confiscated by the Everett animal control if the: 1. Dog is not validly registered under this chapter or RCW 16.08.080; 2. Owner does not secure the liability insurance coverage required under this chapter or RCW 16.08.080; 3. Dog is not maintained in the proper enclosure; or 4. Dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of the responsible person. B.The owner must pay the costs of confinement and control to Everett animal control if the dog is confiscated. The Everett animal control must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within twenty days. The animal control authority shall destroy the confiscated dangerous dog in an expeditious and humane manner if any deficiencies required by this subsection are not corrected within twenty days of notification. In addition,the owner shall be guilty of a gross misdemeanor punishable in accordance with Section EMC 6.08.050. BC. If a dangerous dog of an owner with a prior conviction under this chapter or 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. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that he or she was in compliance with the requirements for in 2019 ORDINANCE: Dangerous and Potentially Dangerous Dogs Page 11 of 15