6.08.047 Potentially dangerous dogs—Reclassification.
A. The manager (as defined in Section 6.04.020) shall have authority to, upon the owner’s written request, review a potentially dangerous dog designation on a dog a maximum of one time per year. The manager may maintain the designation, amend the restrictions of the potentially dangerous dog, or remove the potentially dangerous dog designation subject to the requirements herein. The potentially dangerous dog designation may be removed after thirty-six months from the date of designation as a potentially dangerous dog, if the manager determines that the risk to public safety has been mitigated and the owner and the potentially dangerous dog have had no subsequent violations of this title. The restrictions on the dog may be, but are not required to be, amended prior to the expiration of the thirty-six-month period if the owner of the dog demonstrates to the manager that substantial changes in circumstances or measures taken by the owner, such as training of the dog, have mitigated the risk to the public safety.
1. Any owner of a dog which has been declared potentially dangerous pursuant to Section 6.08.030 who wishes to request reclassification of the potentially dangerous dog to remove the designation, or who wishes to request amendment to the restrictions on the potentially dangerous dog, may request review by the manager a maximum of one time per year. The burden of proof regarding reclassification of the potentially dangerous dog or amendment of restrictions on the potentially dangerous dog shall be on the owner by a preponderance of the evidence.
a. This request for review must be in writing and filed at the Everett animal shelter.
2. 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: “Review/Reclassification of _________,” giving the name of the owner and potentially dangerous dog;
b. A brief statement of the owner’s request, be it reclassification of a potentially dangerous dog to remove the designation, an amendment of the restrictions on the potentially dangerous dog, or both, together with any material facts claimed to support the contentions of the owner;
c. A brief statement of the relief sought, and the reasons why the owner’s request for review should be granted;
d. The current address of the owner; and
e. A verification, by declaration under penalty of perjury, made by the owner as to the truth of the matters stated in the request for review.
3. Upon receipt of a completed request for review, the manager shall review the written request for review along with the available records and reports of Everett animal control and any attached documents. The manager may also request the dog be brought to the animal shelter for a shelter visit or may request a site visit at the animal’s residence.
4. 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 request for review.
a. 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 pursuant to Section 6.08.035, 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 owner 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.
b. 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. Removal of the potentially dangerous dog designation from a dog shall not in any way be considered removal of the fact that the dog has previously been declared a potentially dangerous dog for purposes of a dangerous dog declaration under Section 6.08.030 or RCW 16.08.070(2) as currently enacted or later amended. (Ord. 3705-19 § 9, 2019.)