Ordinance 3705-19 - Laserfiche WebLink

restrictions on the dog may be, but are not required to be, amended prior to the expiration of the 36- month period if the owner of the dog demonstrates to the Manager that substantial changes in circumstances or measures taken by the owner, such as training of the dog, have mitigated the risk to the public safety. 1. Any owner of a dog which has been declared potentially dangerous pursuant to EMC 6.08.030 who wishes to request reclassification of the potentially dangerous dog to remove the designation, or who wishes to request amendment to the restrictions on the potentially dangerous dog may request review by the Manager a maximum of one time per year.The burden of proof regarding reclassification of the potentially dangerous dog or amendment of restrictions on the potentially dangerous dog shall be on the owner by a preponderance of the evidence. a. This request for review must be in writing and filed at the Everett animal shelter. 2. Said written request for review shall be on a form provided for that purpose by Everett animal control or other written notice, but must contain the following items: a. A caption reading: "Review/Reclassification of ," giving the name of the owner and potentially dangerous dog; b. A brief statement of the owner's request, be it reclassification of a potentially dangerous dog to remove the designation, an amendment of the restrictions on the potentially dangerous dog, or both,together with any material facts claimed to support the contentions of the owner; c. A brief statement of the relief sought, and the reasons why the owner's request for review should be granted; d. The current address of the owner; and e. A verification, by declaration under penalty of perjury, made by the owner as to the truth of the matters stated in the request for review. 3. Upon receipt of a completed request for review,the Manager shall review the written request for review along with the available records and reports of Everett animal control and any attached documents.The Manager may also request the dog be brought to the animal shelter for a shelter visit or may request a site visit at the animal's residence. 4. The Manager shall issue a written decision granting or denying, in whole or in part, the relief requested in the request for review, along with findings of fact in support of such decision, within ten business days of receipt of the request for review. a. The Manager's written decision shall summarize the evidence considered in making the decision. It shall also include a statement advising that the Manager's decision may be appealed to the Everett Municipal Court pursuant to EMC 6.08.035,and that failure file a timely and complete notice of appeal to the Everett Municipal Court will constitute a waiver of all rights to an appeal under this chapter.A copy of the Manager's decision shall be provided to the owner either in person or via certified mail with return receipt requested and First Class mail.A copy of the evidence considered by the Manager in making his or her decision shall be made available for review upon written request of the owner, or a hard copy provided at cost. b. The date of delivery of the Manager's decision shall be the date evidenced by a E2019 ORDINANCE: Dangerous and Potentially Dangerous Dogs Page 13 of 15