6.02.023 Potentially dangerous animal declaration.
A. Declaration of Animal as Potentially Dangerous. The animal control authority shall have the authority to declare an animal to be potentially dangerous, and place restrictions on such animal, if the animal control authority determines that the animal meets the definition set forth in LMC 6.02.015(N). The declaration must be based upon:
1. The written complaint of a citizen who is willing to testify that the animal has acted in a manner that causes it to meet the definition of LMC 6.02.015(N);
2. Animal bite report(s) filed with the animal control authority;
3. Action(s) of the animal witnessed by any employee of the animal control authority or law enforcement officer; or
4. Other substantial evidence.
B. Exclusions. An animal shall not be declared potentially dangerous if the animal control authority determines that the threat, injury, or bite alleged to have been committed by the animal was sustained by a person who (1) was at the time committing a willful trespass or other tort upon the premises occupied by the owner of the animal, or (2) was tormenting, abusing, or assaulting the animal, or (3) in the past was observed or reported to have tormented, abused, or assaulted the animal, or (4) was committing or attempting to commit a crime.
C. Notice of Potentially Dangerous Animal Declaration. If the animal control authority receives a report that an animal may meet the definition of a potentially dangerous animal, it shall immediately initiate an investigation including, but not limited to, interviewing the complainant(s), interviewing the owner of the animal, if known, and observing the animal. Upon completion of its investigation, if the animal control authority determines that the animal is potentially dangerous, the animal control authority shall prepare a written declaration.
1. The declaration shall be served on the animal’s owner in one of the following methods:
a. Regular and certified mail, return receipt requested, to the last known address of the owner; or
b. Personal service to the owner.
2. The declaration shall include, but is not limited to:
a. A description of the animal, and the animal’s license number, if available;
b. The name and address of the animal’s owner, if known;
c. The location of the animal if not in custody of the owner;
d. A brief summary of the facts upon which the declaration is based, if known, including the definition of potentially dangerous under which the declaration is being made;
e. A statement of any restrictions placed on the animal or owner as a result of the declaration; and
f. The ability and process for appealing the declaration by submitting a written appeal in accordance with LMC 6.02.145.
D. Appeal. The animal control authority’s declaration of potentially dangerous animal shall be the final decision of the city, unless the owner timely appeals the declaration to the Lynnwood hearing examiner in accordance with LMC 6.02.145.
E. Prohibited Ownership. No person(s) under the age(s) of 18 years old shall own a potentially dangerous animal. (Ord. 3145 § 2, 2015)