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2023 ORDINANCE Page 17 of 19 <br />6.08.045 Dangerous and potentially dangerous dogs—Confiscation. <br />A.Any dangerous dog shall be immediately confiscated by Everett animal control if the: <br />1.Dog is not validly registered under this chapter or RCW 16.08.080; <br />2.Owner does not secure the liability insurance coverage required under this chapter or RCW <br />16.08.080; <br />3.Dog is not maintained in the proper enclosure; or <br />4.Dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under <br />physical restraint of the responsible person. <br />B.The owner must pay the costs of confinement and control to Everett animal control if the dog is <br />confiscated. Everett animal control must serve notice upon the dog owner in person or by regular and <br />certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, <br />that the owner is responsible for payment of the costs of confinement and control, and that the dog will <br />be destroyed in an expeditious and humane manner if the deficiencies for which the dog was <br />confiscated are not corrected within twenty days. The animal control authority shall destroy the <br />confiscated dangerous dog in an expeditious and humane manner if any deficiencies required by this <br />subsection are not corrected within twenty days of notification. In addition, the owner shall be guilty of <br />a gross misdemeanor punishable in accordance with Section 6.08.050. <br />C. Under circumstances not rising to severe injury or death under EMC 6.08.045(E), if a potentially <br />dangerous dog of an owner with a prior criminal conviction under this chapter or Chapter 16.08 RCW, or <br />prior violation of EMC 6.04.070(B)(7), attacks or bites a person or another domestic animal, the dog’s <br />owner is guilty of a gross misdemeanor. It is an affirmative defense that the defendant must prove by a <br />preponderance of the evidence that he or she was in compliance with the requirements for ownership <br />of a potentially dangerous dog pursuant to this chapter or Chapter 16.08 RCW and the person or <br />domestic animal attacked or bitten by the defendant’s dog trespassed on the defendant’s real or <br />personal property or provoked the defendant’s dog without justification or excuse. In addition, the <br />potentially dangerous dog may be immediately confiscated by an animal control authority and <br />impounded pursuant to EMC 6.04.090. <br />DC.If a dangerous dog of an owner with a prior conviction under this chapter or Chapter 16.08 RCW, or <br />prior violation of EMC 6.04.070(B)(7), attacks or bites a person or another domestic animal, the dog’s <br />owner is guilty of a Class C felony, punishable in accordance with RCW 9A.20.021. It is an affirmative <br />defense that the defendant must prove by a preponderance of the evidence that he or she was in <br />compliance with the requirements for ownership of a dangerous dog pursuant to this chapter or <br />Chapter 16.08 RCW and the person or domestic animal attacked or bitten by the defendant’s dog <br />trespassed on the defendant’s real or personal property or provoked the defendant’s dog without <br />justification or excuse. In addition, the dangerous dog shall be immediately confiscated by an animal <br />control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an <br />expeditious and humane manner.