Ordinance 3903-22 - Laserfiche WebLink

2022 ORDINANCE Page 13 of 17 violation of EMC 6.04.070(C) or RCW 16.52 has occurred, the officer may authorize an examination of a domestic animal allegedly neglected or abused in violation of EMC 6.04.070(C) or RCW 16.52 by a veterinarian to determine whether the level of neglect or abuse in violation of EMC 6.04.070(C) or RCW 16.52 is sufficient to require removal of the animal. This section does not condone illegal entry onto private property. 3. Any owner whose domestic animal is removed pursuant to EMC 6.04.070 or RCW 16.52 shall be given written notice of the circumstances of the removal and notice of legal remedies available to the owner. The notice shall be given by posting at the place of seizure, by delivery to a person residing at the place of seizure, or by registered mail if the owner is known. In making the decision to remove an animal pursuant to EMC 6.04.070 or RCW 16.52, the officer shall make a good faith effort to contact the animal's owner before removal. 4. The manager or their designee may euthanize the animal or may find a responsible person to adopt the animal not less than fifteen business days after the animal is taken into custody. The manager or their designee may euthanize severely injured, diseased, or suffering animals at any time. An owner may prevent the animal's destruction or adoption by: a. Petitioning the Everett Municipal Court for the animal's immediate return subject to court- imposed conditions, or b. Posting a bond or security payable to the Everett Animal Control’s EMC 3.04.130 Cumulative Reserve Fund for Animal Control in an amount sufficient to provide for the animal's care for a minimum of thirty days from the seizure date. If the City still has custody of the animal when the bond or security expires, the animal shall become the City’s property unless the court orders an alternative disposition. If a court order prevents the City from assuming ownership and the City continues to care for the animal, the court shall order the owner to post or renew a bond or security for the City’s continuing costs for the animal's care. When a court has prohibited the owner from owning, caring for, or residing with an animal under 6.04.070 or 6.04.140 or RCW 16.52.200(4) or similar statute or ordinance, the City may assume ownership upon seizure and the owner may not prevent the animal's destruction or adoption by petitioning the court or posting a bond. 5. If no criminal case is filed within fourteen business days of the animal's removal, the owner may petition the Everett Municipal Court for the animal's return. The petition shall be filed with the court. Copies of the petition must be served on the animal shelter and to the prosecuting attorney. If the court grants the petition, the animal must be surrendered to the owner at no cost to the owner. If a criminal action is filed after the petition is filed but before the hearing on the petition, then the petition shall be joined with the criminal matter. 6. In a motion or petition for the animal's return before a trial, the burden is on the owner to prove by a preponderance of the evidence that the animal will not suffer future neglect or abuse and is not in need of being restored to health. 7. Any authorized person treating or attempting to restore an animal to health under this section shall not be civilly or criminally liable for such action. Section 6. EMC 6.04.110 is amended as follows, with strikeouts removed and underlining added: