6.08.100 Declaration as dangerous or potentially dangerous dog—Notice to owner—Appeal.
A. The animal control officer shall have the authority to declare any dog in the city a dangerous dog or potentially dangerous dog, which shall serve as notice to the owner that compliance with all provisions of this chapter and state law is required.
B. A declaration by the animal control officer that a dog is dangerous or potentially dangerous must be in writing and shall be served by the animal control officer or a police officer upon the owner by one of the following methods:
1. Certificated mail, return receipt requested, to the last known address of the owner, or the address shown on any registration obtained pursuant to AMC Chapter 6.04; or
2. Personal service; or
3. If the owner cannot be located by one of the first two methods, by publication in a newspaper of general circulation.
C. The declaration shall set forth at a minimum:
1. A description of the dog;
2. The name and address of the owner of the animal, if known;
3. The location of the animal if not in the custody of the owner;
4. A brief statement of the facts upon which the declaration is based;
5. The date upon which the declaration was mailed or served;
6. Notice of the right to appeal the declaration to the municipal court by filing a written request therefor with the Anacortes municipal court within 14 calendar days of the date the declaration was mailed, served, or published;
7. A brief statement of the restrictions and regulations applicable to the keeping of the dog by reason of its status as dangerous or potentially dangerous or inclusion of a copy of the specific ordinance(s) that have been alleged to have been violated.
D. Any owner who has been notified of a declaration of dangerous dog or potentially dangerous dog may appeal such declaration to the municipal court by filing a written request therefor with the city municipal court and the city prosecutor within five days of the date of mailing or service of the declaration.
E. Upon receiving a request to appeal a declaration of dangerous dog or potentially dangerous dog, the municipal court shall schedule a hearing which shall be held not later than 30 days from the date of the request, unless extended by the court for good cause.
F. At a hearing under this section, the city shall have the burden of proof, by a preponderance of the evidence, to demonstrate that the dog is dangerous or potentially dangerous.
G. Following a hearing under this section, the judge may sustain or overrule the determination of the animal control officer by written order.
H. Where an owner has requested a hearing pursuant to this section, no potentially dangerous dog or dangerous dog which is in the possession of the animal control officer shall be destroyed until the resolution of such hearing; provided, however, that an additional civil penalty in the amount of $15.00 per day shall be assessed against any owner whose dog remains in the custody of the animal control officer during any hearings requested under this chapter which result in any penalty against such owner. In addition to any civil penalty, the owner shall be responsible for all expenses incurred for the dog, including but not limited to the costs of boarding, medical treatment, euthanasia, and carcass disposal.
I. Following any resolution of any contested hearing on any civil penalty under this chapter, the owner of any dangerous dog or potentially dangerous dog in the possession of the animal control officer shall pay all civil penalties assessed under this chapter within 10 days of the final resolution of any hearing on said penalties.
J. Any dangerous dog or potentially dangerous dog which has not been picked up from the animal control officer by its owner within 10 days of the final resolution of any hearing on civil penalties under this chapter shall be destroyed in an expeditious and humane manner. (Ord. 4021 § 1 (Att. A), 2022; Ord. 2955 Att. A, 2015)