A. Failure to Control an Animal Declared Potentially Dangerous.

1. Misdemeanor. When an animal has been declared potentially dangerous pursuant to BIMC 6.04.050, the owner of the potentially dangerous animal shall be guilty of a misdemeanor, in accordance with BIMC 6.04.140, if such animal is thereafter found:

a. At large;

b. To have, when unprovoked, inflicted a bite upon a human, pet, or livestock either on public or private property;

c. To have chased or approached a person upon the streets, sidewalks, or any other public grounds in such a manner as to significantly threaten the safety of humans, pets, or livestock; or

d. To have caused injury to or otherwise threatened the safety of humans, pets, or livestock.

This section shall not preclude immediate criminal prosecution under RCW 16.08.100 in a first bite situation causing severe injury or death of any human.

2. Failure on the part of any owner of a potentially dangerous animal to abide by the restraints placed upon the owner(s) or their animal by the animal control authority or municipal court may result in impoundment of the potentially dangerous animal by the animal control authority pursuant to Chapter 6.12 BIMC.

B. Declaration of an Animal as Dangerous. The animal control authority has the authority to declare an animal dangerous. If the owner of a potentially dangerous animal is found guilty of violating this section, the court shall make a further determination as to whether the animal should be declared dangerous. Pursuant to RCW 16.08.090(3), animals shall not be declared dangerous if 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 animal, or was tormenting, abusing or assaulting the animal 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.

C. Notice. When the animal control authority determines that an animal is dangerous, the animal control authority shall notify the owner in writing that the animal has been declared dangerous. The notice shall contain a description of the animal, the name and address of the animal’s owner, if known, a brief summary of the facts upon which the declaration is based, a statement of any restrictions placed on the animal as a consequence of the declaration, a statement of the penalties for further violations, and notice of the right to appeal the declaration, including a statement of the deadline for the appeal.

D. Service of Notice. The animal control authority shall personally serve or mail its written declaration of a dangerous animal to the owner. If the owner is unknown, the animal control authority shall make reasonable efforts to locate and notify the owner of the declaration.

E. Appeal of Declaration to Animal Control Authority. The owner of an animal declared dangerous by the animal control authority shall have seven calendar days from receipt of the written declaration to appeal the declaration to the animal control authority. The owner’s appeal must be in writing and must be filed with the animal control authority.

F. Hearing Before Director of Animal Control or Designee. Upon receiving the written notice of appeal, the director of animal control, or her or his designee, shall promptly schedule an appeal hearing and provide written notice of the hearing to the appellant. At the hearing, the animal control authority shall have the burden of proving that the animal is dangerous by a preponderance of the evidence. The director of animal control, or her or his designee, shall issue a written decision to the appellant which either sustains or reverses the animal control authority’s declaration. The decision shall be the final decision of the animal control authority. If the declaration is sustained, the appellant shall be notified of the right to an appeal.

G. Appeal of Decision of Director of Animal Control. The owner of an animal declared dangerous may appeal the decision of the director of animal control. A written appeal shall be filed with the clerk of the municipal court within 14 calendar days after the date of the director’s written decision.

H. Court Hearing. Upon receiving a written appeal from the owner of an animal declared dangerous, the clerk of the municipal court shall promptly set a date for hearing the appeal. Written notice of the time, date and place of the hearing shall be delivered or mailed at least ten working days prior to the hearing to the appellant and to the animal control authority.

I. Burden of Proof and Standard of Review. It shall be the appellant’s burden to prove that the decision by the director of animal control that the animal is dangerous is arbitrary and capricious.

J. Court Decision. If the court finds that the decision of the director of animal control is arbitrary and capricious, the declaration shall be rescinded and any restrictions imposed shall be removed. Court costs shall not be assessed against either party. If the court finds that the decision by the director of animal control was not arbitrary and capricious, the court shall award the city its court costs, including attorneys’ fees, and may impose additional restrictions on the animal. (Ord. 2019-13 §§ 4, 5, 2019; Ord. 91-41 § 2, 1991)