Ordinance 3705-19 - Laserfiche WebLink

ownership of a dangerous dog pursuant to this chapter or Chapter 16.08 RCW and the person or domestic animal attacked or bitten by the defendant's dog trespassed on the defendant's real or personal property or provoked the defendant's dog without justification or excuse. 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. 6D. The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether the dog has previously been declared potentially dangerous or dangerous, shall, upon conviction, be 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 the human severely injured or killed by the defendant's dog: (1) trespassed on the defendant's real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of the dog; or(2) provoked the defendant's dog without justification or excuse on the defendant's real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of the dog. In such a prosecution,the state has the burden of showing that the owner of the dog either knew or should have known that the dog was potentially dangerous as defined in this chapter or Chapter 16.08 RCW.The state may not meet its burden of proof that the owner should have known the dog was potentially dangerous solely by showing the dog to be a particular breed or breeds. In addition, the dog shall be immediately confiscated by an animal control authority, quarantined, and upon conviction of the owner destroyed in an expeditious and humane manner. E. Any potentially dangerous dog or dangerous dog may be immediately seized and impounded by Everett animal control if an Everett animal control officer has probable cause to believe that the owner has failed to comply with the conditions or restrictions of this chapter or imposed by the animal control authority. Such impoundment shall be subject to the procedures of EMC 6.04.090. Section 9. Ordinance No. 1228-86 shall be amended by the addition of a new section, to be codified at EMC 6.08.047, as follows: Potentially dangerous dogs—reclassification. A. The Manager(as defined in EMC 6.04.020) shall have authority to, upon the owner's written request, review a potentially dangerous dog designation on a dog a maximum of one time per year. The Manager may maintain the designation, amend the restrictions of the potentially dangerous dog, or remove the potentially dangerous dog designation subject to the requirements herein.The potentially dangerous dog designation may be removed after 36 months from the date of designation as a potentially dangerous dog, if the Manager determines that the risk to public safety has been mitigated and the owner and the potentially dangerous dog have had no subsequent violations of Title 6 EMC.The 2019 ORDINANCE: Dangerous and Potentially Dangerous Dogs Page 12 of 15