6.02.024 Dangerous animal declaration.
The provisions of this section apply to the extent they are not inconsistent with the provisions of Chapter 16.08 RCW.
A. Declaration of Animal as Dangerous. The animal control authority shall have the authority to declare an animal to be 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(F); provided, that no animal shall be declared a dangerous animal if the threat, injury, or damage was sustained by a person who at the time provoked the animal, has been reported in the past as having provoked the animal, or was committing or attempting to commit a crime.
B. Notice of Intent to Declare Animal Dangerous. If the animal control authority seeks to declare that an animal is dangerous, the animal control authority shall serve notice on the animal’s owner. The notice shall be served on the owner (1) in person, or (2) by regular and certified mail, return receipt requested, to the last known address of the owner. The notice shall state:
1. The name and address, if known, of the owner of the animal;
2. The license number, if available, and description of the animal;
3. The statutory basis for the proposed action;
4. The reasons that the animal control authority proposes to declare the animal dangerous;
5. A statement that the animal is subject to registration and controls required by this chapter and Chapter 16.08 RCW, including the controls of RCW 16.08.080(6);
6. An explanation of the owner’s rights and the procedure for appealing the decision finding the animal to be dangerous; and
7. A statement notifying the owner that he or she is entitled to an opportunity to meet with the animal control authority before a final determination is made, at which meeting the owner may give, orally or in writing, any reasons or information as to why the animal should not be declared dangerous. The notice shall state the date, time, and location of the meeting, which must occur prior to the expiration of 15 calendar days after service of the notice. The owner may propose an alternative meeting time and date, but the meeting must occur within the 15-day time period.
C. Dangerous Animal Declaration – Contents. After the meeting required under subsection (B)(7) of this section, or after the date set for the meeting if the owner does not attend, the animal control authority shall issue its final determination, in the form of a written order, within 15 calendar days. If the animal control authority determines by a preponderance of the evidence that the animal meets the definition of a dangerous animal under LMC 6.02.015(F), the animal control shall issue a written order declaring the animal to be dangerous. The order shall contain:
1. The name and address, if known, of the owner of the animal;
2. The license number, if available, and description of the animal;
3. A statement that the animal control authority has found the animal to be a dangerous animal as defined in LMC 6.02.015(F) and a concise description explaining why the declaration has been made, including the facts supporting the determination and the statutory basis for the action;
4. A statement that the animal is subject to registration and controls required by this chapter and Chapter 16.08 RCW, including the controls of RCW 16.08.080(6), and including a recitation of those controls;
5. A statement that the dangerous animal declaration is a final determination unless appealed, and that an appeal must be filed within 10 calendar days of service of the dangerous animal declaration in accordance with LMC 6.02.145;
6. A copy of LMC 6.02.145 regarding appeal procedures and a copy of LMC 6.02.025 regarding requirements for dangerous animals; and
7. The signature of the person who made the determination.
D. Dangerous Animal Declaration – Service. The dangerous animal declaration shall be served on the owner of the animal either (1) in person, or (2) by regular and certified mail, return receipt requested, at the last known address of the owner.
E. Appeal. The animal control authority’s declaration of 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. (Ord. 3145 § 3, 2015)