Laserfiche WebLink
2023 ORDINANCE Page 13 of 19 <br /> <br />brought to a veterinarian licensed in the state of Washington to provide medical attention and to assess <br />the health of the animal. <br /> 3. A law enforcement officer or an animal control officer is not liable for any damages for entry <br />onto private property without a warrant under this section, provided that the officer does not use any <br />more force than is reasonably necessary to enter upon the property and remove the animal. <br /> 4.3. The owner from whom the animal was seized shall be provided with notice of the right to <br />petition for immediate return of the animal and shall be afforded an opportunity to petition for such a <br />civil hearing before the animal is deemed abandoned and forfeited. Any owner whose domestic animal <br />is seized removed pursuant to EMC 6.04.070, EMC 6.08.045 or Chapter 16.52 RCW shall, within 72 hours <br />following the seizure, be given written notice of the circumstances of the removal and notice of legal <br />remedies available to the owner. The notice shall be given by posting at the place of seizure, by delivery <br />to the last known or suspected owner in person or a person residing at the place of seizure, or by <br />registered mail if the owner is known to the last known or suspected owner. In making the decision to <br />remove an animal pursuant to EMC 6.04.070 or Chapter 16.52 RCW, the officer shall make a good faith <br />effort to contact the animal’s owner before removal. Such notice shall include: <br /> a. The name, business address, and telephone number of the law enforcement agency or animal <br />care and control agency responsible for seizing the animal; <br /> b. A description of the seized animal; <br /> c. The authority and purpose for the seizure, including the time, place, and circumstances under <br />which the animal was seized; <br /> d. A statement that the owner is responsible for the cost of care for the animal who was lawfully <br />seized, and that the owner will be required to post a bond payable to the Everett animal control’s EMC <br />3.04.130 cumulative reserve fund for animal control to defray the cost of minimum care within 14 <br />calendar days of the seizure or the animal will be deemed abandoned and forfeited; and <br /> e. A statement that the owner has a right to petition the Everett Municipal Court for a civil <br />hearing for immediate return of the animal and that in order to receive a hearing, the owner or owner’s <br />agent must request the civil hearing by signing and returning to the court an enclosed petition within 14 <br />calendar days after the date of seizure. The enclosed petition must be in substantially the same form as <br />set forth in subsection 13 of this section. <br /> 4. The manager or the manager’s designee may euthanize the animal or may find a responsible <br />person to adopt the animal not less than fifteen business days after the animal is taken into custody. <br />The manager or the manager’s designee may euthanize severely injured, diseased, or suffering animals <br />at any time. An owner may prevent the animal’s destruction or adoption by: <br />a. Petitioning the Everett municipal court for the animal’s immediate return subject to court- <br />imposed conditions, or <br />b. Posting a bond or security payable to the Everett animal control’s EMC 3.04.130 cumulative <br />reserve fund for animal control in an amount sufficient to provide for the animal’s care for a minimum <br />of thirty days from the seizure date. If the city still has custody of the animal when the bond or security <br />expires, the animal shall become the city’s property unless the court orders an alternative disposition. If <br />a court order prevents the city from assuming ownership and the city continues to care for the animal,