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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 Section 5.05.100(D) of the Edmonds City Code is hereby repealed and replaced with the following: D. Any dangerous dog shall be immediately confiscated by the Animal Control Authority if: 93208.1 -1- as follows: 1.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 93208.1 -2- 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 93208.1 -3- 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 93208.1 -4- 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 93208.1 'S- 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 93208.1 -6- 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. 93208.1 -7- 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 93208.1 -8- 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. ,tst0�► NoTApr B -2 -1