Ordinance 3786ORDINANCE NO. 3786
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 5.05 ECC RELATING
TO APPEALS OF POTENTIALLY DANGEROUS DOG
DECLARATIONS AND PROCEDURES FOR APPEAL, AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, currently, ECC 5.05.121(B) provides that potentially dangerous dog
declarations are final determinations and not appealable; and
WHEREAS, the City Council desires to provide an opportunity to appeal potentially
dangerous dog declarations because such a declaration may be the basis for issuance of a
dangerous dog declaration pursuant to ECC 5.05.122 and ECC 5.05.010(E) if the dog again
aggressively bites, attacks, or endangers the safety of humans or domestic animals; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Amended. Chapter 5.05 ECC entitled "Animal Control" is hereby amended to read
as follows:
5.05.121 Potentially dangerous dogs.
A. Declaration. Upon declaration by the animal control authority
that a dog is a potentially dangerous dog as defined in ECC
5.05.010, the owner shall be served with a potentially dangerous
dog declaration.
B. Declaration — Final Determination Unless Appealed. The
service of a potentially dangerous dog declaration shall, unless
timely appealed, be a final determination that the dog is a
potentially dangerous dog.
C. Notice — Service. Service of the potentially dangerous dog
declaration upon the owner of the animal may be made either by
personal service to the owner, by posting such notice at the
residence of the owner or by certified mail to the last known
address of the owner.
D. Appeal. An appeal of a potentially dangerous dog declaration
must be served upon the city of Edmonds police chief within five
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days of service of the potentially dangerous dog declaration.
Appeals shall be heard by the judge of the Edmonds municipal
court and conducted in accordance with ECC 5.05.123.
5.05.123 Appeal.
A. Filing. A notice of appeal, substantially in the form
prescribed, shall be filed with the Edmonds municipal court and
the chief of police not more than five business days after service of
the order to abate a nuisance, potentially dangerous dog
declaration, or dangerous dog declaration. Failure to timely file a
notice of appeal shall constitute a waiver of the right to appeal the
determination of the order to abate a nuisance, potentially
dangerous dog declaration, or declaration of dangerous dog.
B. Form. An appeal pursuant to this chapter shall be written and
shall conform substantially to the following requirements:
1. A caption reading: "Appeal of ," giving the names of all
appellants participating in the appeal;
2. A brief statement setting forth the legal interest of each of the
appellants involved in the notice and order;
3. A brief statement in concise language of the specific order or
action protested, together with any material facts claimed to
support the contentions of the appellant;
4. A brief statement in concise language of the relief sought, and
the reasons why it is claimed the protested order or action should
be reversed, modified or otherwise set aside;
5. Signatures of all parties named as appellants, and their
official mailing addresses; and
6. Certification (by signature of the appellant) that the appellant
has read the appeal, and that to the best of the appellant's
knowledge, information, and belief, the appeal is well grounded in
fact.
C. Scheduling of Hearing. Upon receipt of a timely filed notice
of appeal, a hearing shall be scheduled not more than 60 days from
the date of the filing of the notice of appeal. Written notice of the
date of the hearing shall be sent to the appellants at least 10 days
prior to the scheduled hearing date. The failure of the appellant to
appear at the hearing shall result in a denial of the appeal and
upholding of the order to abate a nuisance, potentially dangerous
dog declaration, or declaration of dangerous dog.
D. Enforcement Stayed During Pendency of Appeal. Unless
otherwise determined by the judge of the Edmonds municipal
court, enforcement of the order to abate a nuisance or declaration
of dangerous dog shall be stayed during the pendency of the
appeal.
E. Presentation of Evidence. At the appeal hearing, the judge
shall take evidence relevant to the order to abate a nuisance,,
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potentially dangerous dog declaration, or dangerous dog
declaration. Testimony may be provided in the form of a signed
written statement pursuant to RCW 9A.72.085.
F. Decision of the Court. The judge of the Edmonds municipal
court may uphold, dismiss, or modify the order to abate nuisance,
potentially dangerous dog declaration, or declaration of dangerous
dog. A written order shall be prepared and signed by the judge.
The decision of the judge of the Edmonds municipal court shall be
a final administrative decision appealable to the Snohomish
County superior court within 30 days of the final written order.
Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance
should be held invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section 4. Effective Date. The ordinance shall take effect and be in full force five (5) days after
publication of the attached Summary which is hereby approved.
APPROVED:
MA OR R HAAKENSON
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF H Y A RNEY:
BY � !
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 03 -12 -2010
PASSED BY THE CITY COUNCIL: 03 -16 -2010
PUBLISHED: 03 -21 -2010
EFFECTIVE DATE: 03 -26 -2010
ORDINANCE NO. 3786
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SUMMARY OF ORDINANCE NO. 3786
of the City of Edmonds, Washington
On the 16th day of March, 2010, the City Council of the City of Edmonds, passed
Ordinance No. 3786. 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 ECC
RELATING TO APPEALS OF POTENTIALLY
DANGEROUS DOG DECLARATIONS AND
PROCEDURES FOR APPEAL, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 17th day of March, 2010.
ITY CLERK, SANDRA S. CHASE
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
r o
SUMMARY OF ORDINANCE NO. 3786
of the ityty'of monds, as mgton
On the 16th day of March, 2010, the City Council of the City c
monds, passed Ordinance No. 3786. A summary" of the cont(
said ordinance, consistingg'of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHIN
TON, AMENDING CHAPTER 5.05 ECC RELATING TO F
i .PEALS OF 'POTENTIALLY DANGEROUS DOG DECLAF
Affidavit of Publication
I S.S.
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 general
circulation in said County and State; that said newspaper has been approved as a legal
newspaper by order of the Superior Courtof Snohomish County and that the notice
t of Summary of Ordinance NO. 3786
I. Amending Chapter 5.05
TIONS AND PROCEDURES FOR APPEAL, AND FIXING A
' TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 17th day of March, 2010.
CITY CLERK, SANDRA S. CHASE.
Published: March-21, 2010.
11 1
MAR 3 1 Z019
Account Name: City of Edmonds
a printed copy of which is hereunto attached, was published in said newspaper proper and not in
supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
March 21, 2010
and th2t said newspaper was regularly distributed to its subscribers durng all of said period.
Subscribed and sworn to before me this 22nd
day of March, 2010
rc
Notary Public in and for a St
County.
Account Number: 101416
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