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2023 ORDINANCE Page 18 of 19 <br /> <br /> <br />ED. The owner of any dog that aggressively attacks and causes severe injury or death of any human, <br />whether the dog has previously been declared potentially dangerous or dangerous, shall, upon <br />conviction, be guilty of a Class C felony punishable in accordance with RCW 9A.20.021. It is an <br />affirmative defense that the defendant must prove by a preponderance of the evidence that the human <br />severely injured or killed by the defendant’s dog: (1) trespassed on the defendant’s real or personal <br />property which was enclosed by fencing suitable to prevent the entry of young children and designed to <br />prevent the dog from escaping and marked with clearly visible signs warning people, including children, <br />not to trespass and to beware of the dog; or (2) provoked the defendant’s dog without justification or <br />excuse on the defendant’s real or personal property which was enclosed by fencing suitable to prevent <br />the entry of young children and designed to prevent the dog from escaping and marked with clearly <br />visible signs warning people, including children, not to trespass and to beware of the dog. In such a <br />prosecution, the state has the burden of showing that the owner of the dog either knew or should have <br />known that the dog was potentially dangerous as defined in this chapter or Chapter 16.08 RCW. The <br />state may not meet its burden of proof that the owner should have known the dog was potentially <br />dangerous solely by showing the dog to be a particular breed or breeds. In addition, the dog shall be <br />immediately confiscated by an animal control authority, quarantined, and upon conviction of the owner <br />destroyed in an expeditious and humane manner. <br /> <br />FE. Any potentially dangerous dog or dangerous dog may be immediately seized and impounded by <br />Everett animal control if an Everett animal control officer has probable cause to believe that the owner <br />has failed to comply with the conditions or restrictions of this chapter or imposed by the animal control <br />authority. Such impoundment shall be subject to the procedures of Section 6.04.090. <br /> <br />Section 4. The following is provided for reference and may not be complete: <br /> <br />EMC Amended/Repealed <br />by this Ordinance Ordinance History of EMC Amended/Repealed by this Ordinance <br />EMC 6.04.020 (Ord. 3903-22 § 1, 2022; Ord. 3228-11 § 1, 2011; Ord. 2684-03 § 1, 2003; <br />Ord. 2394-99 § 1, 1999; Ord. 1810-91 § 2, 1991.) <br />EMC 6.04.070 (Ord. 3903-22 § 4, 2022; Ord. 3236-11 § 9, 2011; Ord. 2873-05 § 1, 2005; <br />Ord. 2394-99 § 6, 1999; Ord. 2091-95 § 1, 1995; Ord. 1810-91 § 7, 1991.) <br />EMC 6.04.090 (Ord. 3903-22 § 5, 2022; Ord. 3228-11 § 2, 2011; Ord. 2684-03 § 3, 2003; <br />Ord. 2394-99 § 7, 1999; Ord. 1815-91 § 9, 1991.) <br />EMC 6.08.045 (Ord. 3705-19 § 8, 2019; Ord. 2782-04 § 5, 2004; Ord. 2393-99 § 9, 1999.) <br /> <br />Section 5. The City Clerk and the codifiers of this Ordinance are authorized to make necessary <br />corrections to this Ordinance including, but not limited to, the correction of scrivener’s/clerical errors, <br />references, ordinance numbering, text and font styles and colors, section/subsection numbers, and any <br />internal references.