6.15.070 Appeal of declaration of dangerousness or potential dangerousness.
(1) Following service of a declaration of dangerous or potentially dangerous dog, the owner or keeper of such dog may petition a hearing appealing the determination. Pursuant to RCW 16.08.080(4), the owner must make such appeal within 20 days of receiving the final determination. While the appeal is pending, the authority may order that the dog be confined or controlled in compliance with RCW 16.08.090. If the dog is determined to be dangerous, the owner must pay all costs of confinement and control. Such a petition shall be addressed to the Town Hall and shall contain:
(a) A brief statement that protests the action and stating reasons it should be reversed or modified;
(b) The names, phone numbers, and addresses of any witnesses who will appear at the hearing on the petitioner’s behalf; and
(c) The current day phone number at which the petitioner or his or her representative can be contacted.
(2) The town clerk shall set a time and place for the hearing within seven days of the receipt of the petition, with effort to reasonably accommodate all parties involved. All witnesses shall be notified of the hearing date by phone or post. The hearing shall be set within 30 days of receipt of the petition unless all parties agree to a later setting.
(3) If petitioner or petitioner’s representative fail to appear for the hearing except for good cause, the original determination shall stand.
(4) At the hearing, the town attorney will give a full report of the actions and reasons leading to the declaration, calling what witnesses will be helpful in deciding the petition. The burden shall be upon the town attorney to prove by a preponderance of the evidence that the dog is dangerous or potentially dangerous as defined in CMC 6.15.010. The petitioner or his or her representative shall be permitted an opportunity to present pertinent evidence upon the conclusion of the town attorney’s evidence, and in the discretion of the hearing officer, either party may be given additional opportunity to rebut the other.
(5) The hearing officer shall be the town municipal judge.
(6) The hearing officer, having heard from both sides, will render a decision within 48 hours. The decision may either reverse or uphold the original decision, or uphold the original declaration but modify terms and restrictions, or downgrade a declaration of dangerous to potentially dangerous. Within seven days of the hearing, the hearing officer shall prepare a final written decision including his or her findings and conclusions. A copy shall be sent to all parties. The owner may appeal to the superior court by filing written notice within thirty days of receipt of said written decision. Such an appeal shall be governed by the provisions of the Administrative Procedure Act, Chapter 34.04 RCW. (Ord. 646 § 4, 2021; Ord. 431 § B, 2002)