6.08.035 Appeal of notice of potentially dangerous dog or dangerous dog.
A. Review by Everett Animal Control Manager. The manager (as defined in Section 6.04.020) shall have authority to review Section 6.08.030 declarations of potentially dangerous dog or dangerous dog and to amend the restrictions of potentially dangerous dogs. The manager may uphold or rescind the declaration of dangerous dog or potentially dangerous dog, or may amend it from a dangerous dog designation to a potentially dangerous dog designation. Any owner of a dog which has been declared potentially dangerous or dangerous by Everett animal control pursuant to Section 6.08.030 may request review by the manager.
1. This request for review must be in writing and filed at the Everett animal shelter, along with proof of a current valid pet license for the dog.
2. This request for review must be filed within six business days from the date of the notice of Section 6.08.030 declaration of potentially dangerous dog or dangerous dog.
3. Said written request for review shall be on a form provided for that purpose by Everett animal control or other written notice, but must contain the following items:
a. A caption reading: “Appeal of _________,” giving the name of the appellant;
b. A brief statement of the finding being appealed, together with any material facts claimed to support the contentions of the appellant;
c. A brief statement of the relief sought, and the reasons why the finding should be reversed, modified or otherwise set aside;
d. The current address of the appellant; and
e. A verification, by declaration under penalty of perjury, made by the appellant as to the truth of the matters stated in the appeal.
4. Failure to file a timely and complete request for review to the manager constitutes a waiver of all rights to an appeal under this chapter. The right to appeal to the Everett animal control manager must be exhausted prior to further appeal to the Everett municipal court.
5. Upon receipt of a timely filed and completed notice of appeal, the manager shall review the written appeal along with the written report of Everett animal control and any attached documents.
a. The manager shall issue a written decision granting or denying, in whole or in part, the relief requested in the request for review, along with findings of fact in support of such decision, within ten business days of receipt of the appeal. The manager may also in his her or discretion amend the restrictions of a potentially dangerous dog.
b. The manager’s written decision shall summarize the evidence considered in making the decision. It shall also include a statement advising that the manager’s decision may be appealed to the Everett municipal court, and that failure to file a timely and complete notice of appeal to the Everett municipal court will constitute a waiver of all rights to an appeal under this chapter. A copy of the manager’s decision shall be provided to the appellant either in person or via certified mail with return receipt requested and first-class mail. A copy of the evidence considered by the manager in making his or her decision shall be made available for review upon written request of the owner, or a hard copy provided at cost.
c. The date of delivery of the manager’s decision shall be the date evidenced by a signed returned receipt, an affidavit of service, or three days after the date of mailing as shown in a declaration of mailing. When the last day of the appeal period falls on a Saturday, Sunday, or city holiday, the period shall run until five p.m. on the next business day.
B. Appeal to the Everett Municipal Court. Any owner of a dog which has been declared potentially dangerous or dangerous by the Everett animal control pursuant to Section 6.08.030, or who wishes to appeal the manager’s review under Section 6.08.047, may appeal the written decision of the manager by filing at the Everett animal shelter, within six business days from the date of delivery of the manager’s decision, a written notice of appeal. Said written notice of appeal shall be on a form provided for that purpose by the Everett animal control or other written notice, but must contain the following items:
1. A caption reading: “Appeal of _________,” giving the name of the appellant;
2. A brief statement of the finding being appealed, together with any material facts claimed to support the contentions of the appellant;
3. A brief statement of the relief sought, and the reasons why the finding should be reversed, modified or otherwise set aside;
4. The current address of the appellant; and
5. A verification, by declaration under penalty of perjury, made by the appellant as to the truth of the matters stated in the appeal.
C. Failure to file a timely and complete request for review by the manager or a notice of appeal from the manager’s decision constitutes a waiver of all rights to an appeal under this chapter. The right to request review by the manager under this section or Section 6.08.047 must be exhausted prior to further appeal to the Everett municipal court.
D. Upon receipt of a timely filed and completed notice of appeal of a manager’s decision to the Everett municipal court, a notice of hearing shall be sent to the appellant, setting the date, time and place of the appeal hearing.
E. The Everett municipal court hearing shall be set no less than ten nor more than thirty business days following receipt of a timely filed and complete notice of appeal. The filing of a notice of appeal shall not stay the requirements for restraint of the dog provided to the owner pursuant to this chapter.
F. The hearing examiner shall be an elected or pro tempore Everett municipal court judge, unless the mayor designates another as hearing examiner.
G. At the Everett municipal court hearing, the city and the owner of the dog found to be a potentially dangerous dog or dangerous dog shall be permitted to present evidence in support of their position at the hearing, including testimony and new evidence which was not provided to the manager in the request for review by manager. The Everett municipal court appeal hearing shall be a de novo review of the manager’s decision, a copy of which shall be provided to the hearing examiner. The Everett municipal court hearing examiner may consider the manager’s decision, but is not obligated to follow it.
H.
1. Dogs shall not be declared potentially dangerous or dangerous by the hearing examiner or manager if a threat, injury, or damage sustained by a person forms the probable cause to believe the dog is potentially dangerous or dangerous, and the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime.
2. At the hearing, the burden shall be on the owner of the dog, by a preponderance of the evidence, that one or more of the circumstances set forth in subsection (H)(1) of this section exist; provided, however, that the burden as to “unprovoked” under Section 6.08.030 is still on the city to prove by a preponderance of the evidence.
I.
1. At the conclusion of the Everett municipal court hearing, the hearing examiner shall issue a written decision.
2. At the conclusion of a hearing to determine whether a dog is to be declared dangerous, the decision of the hearing examiner may be:
a. The dog in question is declared to be a dangerous dog; or
b. The dog in question is declared to be a potentially dangerous dog; or
c. The dog in question is declared to be a potentially dangerous dog; with additions, deletions and/or modifications made to the restrictions initially proposed to be placed on the dog by Everett animal control; or
d. The dog in question is declared to be neither dangerous or potentially dangerous.
3. At the conclusion of a hearing to determine whether a dog is to be declared potentially dangerous, the decision of the hearing examiner may be:
a. The dog in question is declared to be a potentially dangerous dog; or
b. The dog in question is declared to be a potentially dangerous dog, with additions, deletions and/or modifications made to the restrictions initially proposed to be placed on the dog by the Everett animal control; or
c. The dog in question is declared to not be a potentially dangerous dog.
4. At the conclusion of a hearing regarding the manager’s decision under Section 6.08.047, the decision of the hearing examiner may be:
a. The dog in question shall continue to be designated as potentially dangerous, with no amendments to the restrictions or conditions placed on the dog; or
b. The dog in question shall continue to be designated as potentially dangerous, with amendments to the restrictions or conditions placed on the dog; or
c. The dog in question shall be reclassified to remove the potentially dangerous dog designation, subject to the continuing record that the dog was previously declared potentially dangerous as outlined in Section 6.08.047(B).
5. The decision of the hearing examiner shall be final. Proceedings to review the decision must be instituted within fifteen days of the date of the written decision. (Ord. 3705-19 § 7, 2019; Ord. 2393-99 § 8, 1999.)