(1)
The animal control authority or animal control officer may issue a notice of intent to declare a dog potentially dangerous or dangerous if there is probable cause to believe that the dog falls within the definitions. The notice of intent must be based on:
(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 certain definition;
(b)
Dog bite reports filed with the animal control authority as required by local or state laws;
(c)
Actions of the dog witnessed by any animal control officer or law enforcement officer; or
(d)
Other substantial evidence, including hearsay if it is of a nature that a reasonable and prudent person would rely upon.
(2)
Service.
(a)
Notices and orders issued pursuant to this section must be in writing and served on the owner in one of the following methods:
(i)
Certified mail, with return receipt requested, and ordinary first class mail to the owner's or keeper's last known address; or
(ii)
Personally by an authorized town representative to owner's physical property address; or
(iii)
If the owner cannot be located by one of the first two methods, by publication in a newspaper of general circulation.
(b)
Service is effective on the date the notice is received; or, in the case of certified mail, three days after the notice is mailed; or, in the case of service by publication, 15 days after publication.
(c)
The owner of any dog found to be a potentially dangerous or dangerous dog under this chapter shall be assessed all service costs expended under this subsection.
(3)
The notice of intent to declare a dog potentially dangerous or dangerous must include:
(a)
A description of the animal;
(b)
The name and address of the owner or keeper of the animal, 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 restriction placed on the animal as a result of the declaration;
(f)
A reference to the penalties for violation of the restriction, including the possibility of destruction of the animal, and imprisonment or fining of the owner; and
(g)
A statement that the owner is entitled to an opportunity to meet with the sheriff or animal control authority for the town to give any reasons or information as to why the dog should not be declared potentially dangerous or dangerous and the date, time, and place of the meeting, and that the owner may propose an alternative meeting date and time, but that such meeting must occur within 15 days of the date the notice was served.
(4)
Meeting with Sheriff or Animal Control Authority.
(a)
If the owner does not attend the scheduled meeting with the sheriff or animal control authority, the sheriff or animal control authority may issue an order finding that the dog is potentially dangerous or dangerous and such meeting shall be audio recorded.
(b)
If the owner attends the scheduled meeting with the sheriff or animal control authority, the owner may offer, orally or in writing, any reason or information as to why the dog should not be found potentially dangerous or dangerous.
(c)
After review of the record and the owner's reasons and information, the sheriff or animal control authority must determine whether a preponderance of the evidence weighs in favor of finding the dog potentially dangerous or dangerous.
(d)
If the sheriff or animal control authority determines the dog is potentially dangerous or dangerous, the sheriff or animal control authority must issue a declaration that includes:
(e)
The sheriff or the animal control authority determination is final and may only be appealed to the Skagit County district court, which will review the record made at the meeting to determine whether the declaration is supported by a preponderance of the evidence. Any such appeal must be filed within 20 days of service of the order. Upon notice that an appeal has been filed, the sheriff or animal control authority must file a certified copy of the record from any such meeting with the district court. A recording of the meeting will be made available to the person appealing the ruling, who will have the responsibility of transcribing the meeting for the appeal.
(Ord. 728, 2015; Ord. 741, 2015)