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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 {KNE765835.D0Cj \00006.900160\ } 1 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,, {KNE765835.DOCJ \00006.900160\ } 2 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 {KNE765835.DOC,1 \00006.900160\ } 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 {KNE765835.DOC;1 \00006.900160\ } 4 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 wash59M,0119) _ -h • ver Snohomish �- l �abrdEitilmt 0001689298