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A. Any dog, regardless of whether or not the dog has previously been declared potentially dangerous or dangerous, shall be required to be expeditiously and humanely euthanized after proper quarantine upon determination that the animal:

1. Caused severe physical injury, as defined in RCW 16.08.070, or death to a human being; or

2. Has been or was actually employed as an instrumentality in the commission of, or in aiding or abetting in the commission of, any crime, or which was furnished or was intended to be furnished by any person in the commission of, or as a result of the commission of, any crime.

B. A determination that a dog must be euthanized in accordance with this section must be in writing and shall be served by the animal control officer or 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 determination 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;

4. A brief statement of the facts upon which the determination is based;

5. The date upon which the determination was mailed or served;

6. Notice of the right to appeal the determination to the municipal court by filing a written request with the city municipal court within five days of the date the determination was mailed and served;

7. A brief statement of the restrictions and regulations applicable to the keeping of the dog 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 determination that a dog must be euthanized in accordance with this section may appeal such determination to the municipal court by filing a written request therefor with the municipal court within five days of the date of mailing or service of the determination.

E. Upon receiving a request to appeal a determination the municipal court shall schedule a hearing which shall be held not later than 30 days from the date of the request, unless extended 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 either caused severe physical injury or death to a human, or was used as a weapon in the commission of a crime.

G. Following a hearing under this section, the judge may sustain or overrule the determination of the animal control officer by written order. (Ord. 4021 § 1 (Att. A), 2022; Ord. 2955 Att. A, 2015)