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• <br /> G. 1. Dogs shall not be declared potentially dangerous or dangerous by the hearing <br /> examiner if a threat, injury, or damage sustained by a person forms the probable cause to believe <br /> the dog is potentially dangerous or dangerous, and the threat, injury, or damage was sustained by <br /> a person who, at the time, was committing a wilful trespass or other tort upon the premises <br /> occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the <br /> past, been observed or reported to have tormented, abused, or assaulted the dog, or was <br /> committing or attempting to commit a crime. <br /> 2. At the hearing, the burden shall be on the owner of the dog, by a preponderance of <br /> the evidence, that one or more of the circumstances set forth in subsection (G)(1) of this section <br /> exist. <br /> 3. Subsection (G)(1) of this section shall not apply if the dog is believed to be a <br /> potentially dangerous dog pursuant to EMC 6.08.010(B)(3). <br /> H. 1. At the conclusion of the hearing, the hearing examiner shall issue a written <br /> decision. <br /> 2. At the conclusion of a hearing to determine whether a dog is to be declared <br /> dangerous, the decision of the hearing examiner may be: <br /> a. The dog in question is declared to be a dangerous dog; or <br /> b. The dog in question is declared to be a potentially dangerous dog; or <br /> c. The dog in question is declared to be a potentially dangerous dog; with <br /> additions, deletions and/or modifications made to the restrictions initially <br /> proposed to be placed on the dog by the Everett animal control; or <br /> d.. The dog in question is declared to be neither dangerous or potentially <br /> dangerous. <br /> 3. At the conclusion of a hearing to determine whether a dog is to be declared <br /> potentially dangerous, the decision of the hearing examiner may be: <br /> a. The dog in question is declared to be a potentially dangerous dog; or <br /> b. The dog in question is declared to be a potentially dangerous dog, with <br /> additions, deletions and/or modifications made to the restrictions initially <br /> proposed to be placed on the dog by the Everett animal control; or <br /> c. The dog in question is declared to not be a potentially dangerous dog. <br /> 4. The decision of the hearing examiner shall be final. Proceedings to review the <br /> decision must be instituted within fifteen(15) days of the date of the written decision. <br /> Section 9: A new section is hereby added to EMC Chapter 6.08, to read as follows: <br /> Dangerous Dogs - Confiscation <br /> A. Any dangerous dog shall be immediately confiscated by the 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 <br /> or RCW 16.08.080; <br /> 3. dog is not maintained in the proper enclosure; or <br /> 7 <br />