Ordinance 30400006.160.003
PAO /nkr /are
01/23/95
R:02/07/95
R:07 /19 /95gjz
ORDINANCE NO. 3040
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 5.05 OF THE
EDMONDS CITY CODE IN ORDER TO PROVIDE FOR AN
APPEAL TO DETERMINATIONS BY THE EDMONDS
ANIMAL CONTROL AUTHORITY THAT A DOG IS A
DANGEROUS DOG, TO PROVIDE FOR AN APPEAL TO THE
CONFISCATION OF A DANGEROUS DOG AND TO
PREVENT THE DESTRUCTION OF ANY DOG UNTIL SAID
APPEALS AND ANY CRIMINAL CHARGES HAVE BEEN
DECIDED UPON, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, current city ordinances do not provide for an appeal to a
determination that a dog is a dangerous dog, and
WHEREAS, current city ordinances do not provide for an appeal for the
confiscation of a dangerous dog; and
WHEREAS, current City ordinances allow for the destruction of dangerous dogs
before a judgment in a contested case been rendered, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. Section 5.05.100(D) of the Edmonds City Code is hereby repealed and
replaced with the following:
D. Any dangerous dog shall be immediately confiscated
by the Animal Control Authority if:
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as follows:
1. The dog is not validly registered under this
section and Chapter RCW 16.08;
2. The owner does not secure liability
insurance coverage or a surety bond as
required by Chapter RCW 16.08
3. The dog is not maintained in a proper
enclosure; or
4. The dog is outside of the dwelling of the
owner or outside of a proper enclosure and
not under physical restraint of a responsible
person.
The dog shall not thereafter be released to the
owner except as provided for in Section
5.05.100(F) or Section 5.05.100(G)(5) of the
Edmonds City Code.
Section 2. Section 5.05.100(F) is hereby added to the Edmonds City Code to read
F. It shall constitute a gross misdemeanor for the
owner or if the owner does not have physical
charge of the dog the person who has physical
charge of a dog to be criminally negligent in
permitting any of the conditions in Section
5.05.100(D) of the Edmonds City Code to occur.
"Criminal negligence" shall apply as defined in
RCW 9A.08.010(1)(d) and RCW 9A.08.010(2) as
now or hereafter amended. In its ruling on the
criminal culpability of the owner or person in
charge of the animal, the Hearings Examiner shall
also determine if any of the conditions of Section
5.05.100(D) have occurred. If the Hearings
Examiner finds that any of the conditions for
confiscation of Section 5.05.100(D) has occurred,
the dog shall be destroyed upon the expiration of
any applicable appeals period unless the Hearings
Examiner rules otherwise or unless the decision of
the Hearings Examiner is appealed. In the case of
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an appeal the dog shall only be destroyed upon the
exhaustion of all appeals and a final ruling that one
or more of the conditions for confiscation of Section
5.05.100(D) has occurred. If it is found that none
of the conditions of Section 5.05.100(D) of the
Edmonds City Code has occurred and the hearing
has not been appealed by the City of Edmonds, the
dog shall be released to the owner or person having
physical charge of the dog if the identity of the
owner cannot be reasonably ascertained, unless
otherwise ordered by the Hearings Examiner. The
dog shall be destroyed if no request is made for the
dog within fourteen (14) days of the date a finding
is made that the none of the conditions for
confiscation of Section 5.05.100(D) have occurred.
Section 3. Section 5.05.100(G) is hereby added to the Edmonds City Code to
read as follows:
G. 1. Upon the confiscation of a dog under the
provisions of Section 5.05.100(D) of the
Edmonds City Code the owner or person
having physical charge and control of the
dog if the identity of the owner cannot be
reasonably ascertained shall be supplied with
written notice of said confiscation with the
following contents:
a. The name and address, if known, of
the owner or, if the identity of the
owner cannot be reasonably
ascertained, the person having
physical charge and control of the
dog;
b. The license number, if available, and
description of the dog;
C. A statement that the Animal Control
Authority has confiscated the dog
under the provisions of Section
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5.05.100(D) of the Edmonds City
Code and a brief, concise statement
as to why this provision of the
Edmonds City Code applied in this
situation; and
d. Statements advising that:
1) persons having a legal
interest in the dog may
appeal the confiscation to the
Hearing Examiner; provided
the appeal is made in writing
as provided by this Chapter
and filed with the head of the
Animal Control Authority
within fourteen (14) days
from the date of service of
such notice; and
2) failure to appeal will
constitute a waiver to all
right to administrative
hearing and appeal of the
confiscation.
3) Nothing herein shall be
deemed to limit the authority
of any police officer or
animal control officer to take
up and impound the dog as
otherwise allowed.
2. Notice shall be served in accordance with
Edmonds City Code Section 5.05.121(C)
except that if the identity of the owner
cannot be reasonably ascertained, the person
having physical charge and control of the
dog shall be served instead.
3. The designated Hearing Examiner under the
provisions of this Section shall be the Judge
of the Edmonds Municipal Court. Such
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hearing examiner is to hear appeals by
parties aggrieved by actions of the animal
control authority pursuant to the provisions
of this section. All decisions and findings
of the Hearing Examiner shall be in writing,
with a copy to the Chief of Police as head of
the Animal Control Authority.
4. The appeal form and procedures shall be
governed by Edmonds City Code 5.05.123
and 5.05.124.
5. If the owner or person who was served with
notice as required herein does not file an
appeal within the time required by Section
5.50.100(G)(1)(d)(1), the dog shall be
immediately destroyed. If an appeal is filed
and the Hearings Examiner finds that any of
the conditions for confiscation of Section
5.05.100(D) have occurred, the dog shall be
destroyed upon the expiration of any
applicable appeals period unless the
Hearings Examiner rules otherwise or unless
the decision of the Hearings Examiner is
appealed. In the case of an appeal the dog
shall only be destroyed upon the exhaustion
of all appeals.and a final ruling that one or
more of the conditions for confiscation of
Section 5.05.100(D) has occurred. If it is
found that none of the provisions of Section
5.05.100(D) of the Edmonds City Code
have been violated and the hearing has not
been appealed by the City of Edmonds, the
dog shall be released to the owner or person
having physical charge of the dog if the
identity of the owner cannot be reasonably
ascertained, unless otherwise ordered by the
Hearings Examiner. The dog shall be l
destroyed if the owner or person having
physical charge of the dog does not acquire
the dog within fourteen (14) days of the date
a finding is made that none of the conditions
for confiscation of Section 5.05.100(D) have
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as follows:
occurred, unless the Animal Control
Authority determines that good cause exists
to extend this fourteen day period.
6. Notice need not be served and this
subsection will not apply if the owner of the
confiscated dog or person having physical
charge of the dog is charged with a gross
misdemeanor as provided in Section
5.05.100(F) of the Edmonds City Code. All
proceedings under this subsection shall be
terminated if the dog owner is subsequently
charged with a gross misdemeanor under
Section 5.05.100(F) of the Edmonds City
Code.
Section 4. Section 5.05.105 is hereby added to the Edmonds City Code to read
5.05.105 Appeal to Determination of "Dangerous Dog"
A. Upon the determination by the Animal Control
Authority that a dog is a "dangerous dog" under
Chapter RCW 16.08, the owner or person having
physical charge and control of the dog if the
identity of the owner cannot be reasonably
ascertained shall be supplied with written notice of
said determination with the following contents:
1. The name and address, if known, of the
owner or person having physical charge and
control of the dog, if the identity of the
owner cannot be reasonably ascertained;
2. The license number, if available, and
description of the dog;
3. A statement that the Animal Control
Authority has found the dog to be a
"dangerous dog" as defined in Chapter
RCW 16.08 and a brief, concise statement
as to why the finding had been made; and
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4. Statements advising that:
(a) a person having a legal interest in
the dog may appeal from the
"dangerous dog" determination of the
Animal Control Authority to the
Hearing Examiner; provided the
appeal is made in writing as
provided by this Chapter and filed
with the head of the Animal Control
Authority within fourteen (14) days
from the date of service of such
notice; and
(b) failure to appeal will constitute a
waiver to all right to administrative
hearing and appeal of the "dangerous
dog" determination.
5. Nothing herein shall be deemed to limit the
authority of any police officer or animal
control officer to take up and impound the
dog as otherwise allowed.
B. Notice shall be served in accordance with Edmonds
City Code Section 5.05.121(C) except that if the
identity of the owner cannot be reasonably
ascertained, the person having physical charge and
control of the dog shall be served instead.
C. The designated Hearing Examiner under the
provisions of this section shall be the Judge of the
Edmonds Municipal Court. Such hearing examiner
is to hear appeals by parties aggrieved by actions of
the animal control authority pursuant to the
provisions of this section. All decisions and
findings of the Hearing Examiner shall be in
writing, with a copy to the Chief of Police as head
of the Animal Control Authority.
D. The appeal form and the appeal procedures shall be
governed by Edmonds City Code 5.05.123 and
5.05.124.
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Section 5. Savin s. This ordinance will not affect the prosecution for any
violation of any provision of the Edmonds City Code prior to the effective date of this
ordinance.
Section 6. Severbility. If any section, sentence, clause, subclause or phrase of
this ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality
of any other clause or phrase of this ordinance.
Section 7. Effective Date. This ordinance, being an administrative action, is not
subject to referendum and shall take effect five (5) days after publication.
ATTEST /AUTHENTICATED:
.1 'z� W. 2Z-4�
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE: 3040
ORDINANCE NO.
APPROVED:
08/17/95
09/18/95
09/24/95
09/29/95
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SUMMARY OF ORDINANCE NO. 3040
of the City of Edmonds, Washington
On the 18th1day of september , 1995 , the City Council of the City of Edmonds,
passed Ordinance No. 3040 A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER
5.05 OF THE EDMONDS CITY CODE IN ORDER TO PROVIDE FOR AN APPEAL TO
DETERMINATIONS BY THE EDMONDS ANIMAL CONTROL AUTHORITY THAT A
DOG IS A DANGEROUS DOG, TO PROVIDE FOR AN APPEAL TO THE CONFISCATION
OF A DANGEROUS DOG AND TO PREVENT THE DESTRUCTION OF ANY DOG UNTIL
SAID APPEALS AND ANY CRIMINAL CHARGES HAVE BEEN DECIDED UPON, AND
FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 19th day of September , 1995
, 4: � � a r � ( e M—x'-�-
CITY CLERK, SANDRA S. CHASE
RE-CEIVED
SEP 2 7 1 -S"a
Affidavit of Publication EDMONDS CITY CLERK
STATE OF WASHINGTON,
COUNTY OF SNOHONISH, a&
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
SUMMARY OF general circulation in said County and State; that said newspaper
ORDINANCE N0: 3040
of the City of has been approved as a legal newspaper by order of the Superior
Edmonds, Wayshin ton
On barn. 1995 tthe City Co ncil of Court of Snohomish County and that the notice ......... ...............................
the City of Edmonds, passed
Ordinance No. 3040. A sum -
mary.of- -the'- comtaht'- of: 'said --
ordinance, consisting of the Summary of Ordinance No. 3040
title, Provides as - follows: . ....................................................................................................... ...............................
...,,. ,,.
-FOR AN APPEAL
.......: ................................ . ........... ............ ......................................................................
IPROVIDE
TO DETERMINATIONS BY
THE EDMONDS ANIMAL
CONTROL AUTHORITY THAT
A DOG IS A DANGEROUS
..................... ...............................
DOG TO PROVIDE. FOR AN
APP N
F THE CONFIS-
CATION
CATON OF A DANGEROUS
a printed co of which is hereunto attached was published in said
p PY r P
DOG.ANDTO PREVENT THE
DESTRUCTION:OF ANY DOG
newspaper proper and not in supplement form, in the regular and
UNTIL SAID APPEALS AND
ANY CRIMINAL CHARGES
HAVE:BEEN DECIDED. UPON,
entire edition of said paper on the following days and times, namely:
The full .text of this Ordi-
nance will be mailed 'upon September 24, 1995
reuest. ....................................................................................................... ...............................
DATED this 49th day of
September, 1995.
SANDRA S. CHASE
City Clerk
Published: September 24, ....... ...............................
and t -at aid w as newspaper er w re ul 1 distributed to its subscribers
during , Y of said period.
Principal Clerk
Subscribed and sworn to before me this ........25th ....................
Se temb r 19...95
d of ........ ..........P............ ....... .
............................. •- - -- - -- .. ...............
Notary Public in and for th St
at of Washington,
residing at Everett, Snoho 'sh ounty.
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