8.18.040 Determination.

(1)    The animal control department may find and declare an animal potentially dangerous or dangerous if it has probable cause to believe that the dog falls within the definitions set forth in Section 8.18.020. The finding must be based upon:

(a)    The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition in Section 8.18.020; or

(b)    Dog bite reports filed with the animal control department as required by the ordinance codified in this chapter or state law; or

(c)    Actions of the dog witnessed by any animal control officer or law enforcement officer; or

(d)    The designation by another animal control authority pursuant to Chapter 16.08 RCW; or

(e)    Other substantial evidence.

(2)    The declaration of potentially dangerous or dangerous dog shall be in writing and shall be served on the owner in one of the following methods:

(a)    Certified mail to the owner or keeper’s last known address, if known; or

(b)    Personally; or

(c)    If the owner cannot be located by one of the first two (2) methods, by publication in a newspaper of general circulation.

(3)    The declaration shall state at least:

(a)    A description of the dog;

(b)    The name and address of the owner or keeper of the dog, if known;

(c)    The whereabouts of the animal if it is not in the custody of the owner;

(d)    The facts upon which the declaration is based;

(e)    The availability of a hearing in case the owner objects to the declaration, if a request is made within five (5) days;

(f)    The restrictions placed on the animal as a result of the declaration;

(g)    The penalties for violation of the restrictions, including the possibility of destruction of the animal, and imprisonment or fining of the owner.

(4)    If the owner of the dog wishes to object to the declaration of potentially dangerous or dangerous dog:

(a)    The owner may, within five (5) working days of receipt of the declaration, or within five (5) working days of the publication of the declaration, request a hearing by submitting a written appeal to the animal control department.

(b)    If the hearing body finds that there is insufficient evidence to support the declaration, it shall be rescinded, and the restrictions imposed thereby annulled.

(c)    If the hearing body finds sufficient evidence to support the declaration, it may impose additional restrictions on the animal.

(5)    Following service of a declaration, and pending appeals under this section, the animal control department may, if circumstances require, impound the dog at the owner’s expense, pursuant to the provisions of this title. (Sec. 15 of Ord. 1987-11-37)