Laserfiche WebLink
2023 ORDINANCE Page 14 of 19 <br /> <br />the court shall order the owner to post or renew a bond or security for the city’s continuing costs for the <br />animal’s care. When a court has prohibited the owner from owning, caring for, or residing with an <br />animal under EMC 6.04.070 or 6.04.140 or RCW 16.52.200(4) or similar statute or ordinance, the city <br />may assume ownership upon seizure and the owner may not prevent the animal’s destruction or <br />adoption by petitioning the court or posting a bond. <br /> 5. If no criminal case is filed within fourteen business days of the animal’s removal, the owner <br />may petition the Everett municipal court for the animal’s return. The petition shall be filed with the <br />court. Copies of the petition must be served on the animal shelter and the prosecuting attorney. If the <br />court grants the petition, the animal must be surrendered to the owner at no cost to the owner. If a <br />criminal action is filed after the petition is filed but before the hearing on the petition, then the petition <br />shall be joined with the criminal matter. <br /> 6. In a motion or petition for the animal’s return before a trial, the burden is on the owner to <br />prove by a preponderance of the evidence that the animal will not suffer future neglect or abuse and is <br />not in need of being restored to health. <br /> 5. a. When an animal is seized pursuant to this section, the owner shall post a bond payable to <br />the Everett animal control’s EMC 3.04.130 cumulative reserve fund for animal control in an amount <br />sufficient to provide minimum care for each animal seized for 30 days, including the day on which the <br />animal was taken into custody, regardless of whether the animal is the subject of a criminal charge. Such <br />bond shall be filed with animal control within 14 calendar days after the day the animal is seized. <br /> b. i. If an owner fails to post a bond by 5:00 p.m. on the 14th calendar day after the day <br />the animal was seized as required under this section, the animal is deemed abandoned and the owner's <br />interest in the animal is forfeited to animal control by operation of law in accordance with the notice <br />provided in subsection (4) of this section. <br /> ii. A petition required by subsection (4)(e) of this section may be filed in Everett <br />Municipal Court concerning any animal seized pursuant to this section. Copies of the petition must be <br />served on animal control and the prosecuting attorney. <br /> iii. An owner's failure to file a written petition by 5:00 p.m. on the 14th calendar day <br />after the day the animal was seized shall constitute a waiver of the right to file a petition under this <br />subsection and the animal is deemed abandoned and the owner's interest in the animal is forfeited to <br />the city by operation of law unless a bond has been posted pursuant to this subsection (5). The court <br />may extend the 14-day period to file a written petition by an additional 14 calendar days if the <br />petitioner did not have actual notice of the seizure and the court finds, on the record and in writing, that <br />there are exceptional and compelling circumstances justifying the extension. <br />c. i. Upon receipt of a petition pursuant to (b) of this subsection, the court shall set a civil hearing <br />on the petition. The hearing shall be conducted within 30 calendar days after the filing of the petition. <br />ii. At the hearing requested by the owner, the rules of civil procedure shall apply and the respondent <br />shall have the burden of establishing probable cause to believe that the seized animal was subjected to <br />a violation of this chapter. The owner shall have an opportunity to be heard before the court makes its <br />final finding. If the court finds that probable cause exists, the court shall order the owner to post a bond <br />as required by this subsection (5) within 72 hours of the hearing, and if the owner fails to do so, the