6.12.010 Potentially dangerous animals.
A. Potentially Dangerous Animals and Exclusions. The animal control authority shall have the authority to declare and restrict an animal potentially dangerous, if the animal control authority has probable cause to believe that the animal falls within the definitions set forth in GHMC 6.04.020(W). In order to declare an animal as potentially dangerous, the procedures set forth in this section must be followed.
B. Investigation. If the animal control authority receives a report of a potentially dangerous animal, it shall immediately initiate an investigation including, but not limited to, interviewing the complainant(s), interviewing the owner of the animal, if known, and observing the animal. The investigation and subsequent declaration of a potentially dangerous animal must be based upon:
1. The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of GHMC 6.04.020(W);
2. Animal bite reports filed with the animal control authority;
3. Actions of the animal witnessed by any employee of the animal control authority or law enforcement officer; or
4. Other substantial evidence.
Exclusions. An animal shall not be declared potentially dangerous if the animal control authority determines, by a preponderance of the evidence, that the threat, injury, or bite alleged to have been committed by the animal was sustained by a person who was at the time committing a willful trespass or other tort upon the premises occupied by the owner of the animal, or who was tormenting, abusing, or assaulting the animal, or who had been in the past observed or reported to have tormented, abused, or assaulted the animal, or who was committing or attempting to commit a crime.
C. Notice of Proposed Declaration of Potentially Dangerous Animal. The animal control authority shall send a notice to the owner of the authority’s investigation and intent to issue a declaration that the animal is potentially dangerous. The notice shall be served upon the animal’s owner in person or by regular and certified mail, return receipt requested. If the owner is unknown, the animal control authority shall make reasonable efforts to notify the owner, such as examining the animal for microchipping, which efforts shall be documented in the record. The notice shall state:
1. The statutory, code or ordinance basis for the proposed action;
2. The reasons the authority considers the animal potentially dangerous, a statement that the animal is subject to registration and controls required by this title and Chapter 16.08 RCW, including a recitation of the controls in subsection (E)(2) of this section and an explanation of the owner’s rights and of the proper procedure for appealing a decision finding that the animal is potentially dangerous.
D. Authority’s Meeting with Animal’s Owner. Prior to the authority issuing its final determination, the authority shall notify the owner in writing that he or she is entitled to an opportunity to meet with the authority, at which meeting the owner may give, orally or in writing, any reasons or information as to why the animal should not be declared potentially dangerous. The notice shall state the date, time and location of the meeting, which must occur prior to expiration of 15 calendar days following delivery of the notice. The owner may propose an alternative meeting date and time, but such meeting must occur within the 15-day time period set forth in this section.
E. Issuance of Written Order.
1. After such meeting with the owner, the authority must issue its final determination, in the form of a written order, within 15 calendar days.
2. In the written order, the animal control authority may impose any or all of the following restrictions on an animal to protect the public safety or other animals:
a. Training. The animal control authority may require the owner of the potentially dangerous animal and the animal to attend, complete, and pay all costs associated with an accredited obedience/training class or seminar. The animal control authority shall preapprove any choice of class by the owner of the animal, and proof of satisfactory completion of such training shall be provided to the animal control authority upon completion, even if such type of training has been completed by the animal in the past.
b. Restraint. The animal control authority may require the owner of the potentially dangerous animal to muzzle, leash, collar, confine, lock, isolate, or remove the animal from the city, or any combination of the foregoing.
c. Indemnification. The animal control authority may require the owner of the potentially dangerous animal to prove purchase of liability insurance or bond and renewals in the amount of $100,000 or more, as set by the animal control authority. The insurer/bond issuer must be qualified under RCW Title 48 and must provide coverage/funds to offset any injuries inflicted by the potentially dangerous animal. All costs associated with the insurance/bond must be paid by the insured.
d. Warning. The animal control authority may require the owner of a potentially dangerous animal to post all entrances to any property where such animal is located with such visible warning sign(s) as the animal control authority deems necessary.
e. Financial Responsibility. The animal control authority may require the owner of a potentially dangerous animal to pay any costs associated with enforcement of this section including, but not limited to, those stated above.
3. In the event the authority declares the animal to be potentially dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, a statement of any restrictions placed on the animal or owner as a consequence of the declaration, a statement of the penalties for further violations, notice of the right to appeal the declaration, and the signature of the person who made the determination. The order shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the owner’s last known address known to the authority.
F. Appeal to the Municipal Court Hearing Examiner. The owner of an animal declared potentially dangerous shall have 20 calendar days from receipt of the written declaration to appeal the declaration to the municipal court judge, who shall act as a hearing examiner for appeals of such determinations.
Unless otherwise agreed to by the animal owner, the appeal hearing must be scheduled to be heard within 21 calendar days from the city’s receipt of the notice of appeal. The municipal court hearing examiner shall provide written notice of the hearing date and time to the owner of the potentially dangerous animal and to the animal control authority. Such notice must be provided at least seven calendar days prior to the scheduled hearing.
G. Hearing before the Municipal Court Hearing Examiner. At the appeal hearing before the municipal court hearing examiner, the animal control authority shall have the burden of proving that the animal is potentially dangerous by a preponderance of the evidence. The owner of the animal may present evidence in defense of the animal. The municipal court hearing examiner shall weigh the evidence presented by both the animal control authority and the owner (if applicable), and shall issue a written decision to the appealing animal owner and animal control authority that either modifies, sustains or reverses the animal control authority’s declaration. (Ord. 1034 § 9, 2006).