6.08.030 Declaration of potentially dangerous dog or dangerous dog—Procedure and notification requirements.
A. Everett animal control shall have the authority to identify and classify potentially dangerous dogs and dangerous dogs. Everett animal control may find and declare a dog potentially dangerous or dangerous, and place restrictions on the dog, if the animal control officer has probable cause to believe that the dog falls within the definitions set forth in Section 6.08.010(B) or (C). Probable cause may be based upon:
1. The written or verbal complaint or witness statement of a named and identified witness to the dog’s behavior;
2. Dog bite reports filed with Everett animal control;
3. Actions of the dog witnessed by any animal control officer or law enforcement officer; or
4. Other substantial evidence.
B. Upon determining that probable cause exists to believe that a dog is potentially dangerous or dangerous, Everett animal control may declare the dog potentially dangerous or dangerous under this chapter. If a dog is declared dangerous or potentially dangerous, Everett animal control shall issue a written notice to the owner of the dog. The notice shall contain the following:
1. The name and address of the owner of the dog;
2. A brief description of the dog;
3. The location of the dog if not in the custody of the owner;
4. A brief statement of why the dog has been found to be a potentially dangerous dog or dangerous dog;
5. The specific provision or provisions of this chapter under which the animal control officer has found the dog to be a potentially dangerous dog or dangerous dog;
6. The requirements for restraint of the dog, if applicable, as determined by Everett animal control, and when these requirements must be complied with;
7. The criminal penalty for violation of the requirements for restraint imposed by Everett animal control, including a statement that, if the requirements are not timely met, Everett animal control has the authority to issue a criminal citation or report such noncompliance to the Everett city attorney’s office, which has the authority to initiate a criminal action; and
8. A statement advising:
a. That the notice may be appealed;
b. That the failure to file a timely and complete notice of appeal will constitute a waiver of all rights to an appeal under this chapter.
C. The notice shall be served on the owner in one of the following methods:
1. First class mail and certified mail, return receipt requested, to the owner’s last known address. The effective date of service by mail is three days after mailing; or
2. Personally. “Personal service” means handing it to the owner’s attorney or to the owner; or leaving it at their office with their clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the owner has no office, leaving it at their dwelling house or usual place of abode with some person of suitable age and discretion then residing therein; or
3. By posting the notice on the front door of the living unit of the owner.
D. Proof of service of the notice shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date, city and manner in which service was made. (Ord. 3705-19 § 6, 2019; Ord. 2393-99 § 7, 1999.)