HomeMy WebLinkAbout2590 Animal Control - Hearing Examiner Procedures for Dangerous Dog Determination AppealsOrdinance No.
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTIONS
8.04.270 AND .272, OF CHAPTER 8.04, ANIMAL CONTROL, OF THE PORT
TOWNSEND MUNICIPAL CODE, TO IMPLEMENT HEARING EXAMINER
HEARINGS PROCEDURE FOR APPEALS OF DANGEROUS DOG AND
POTENTIALLY DANGEROUS DOG DETERMINATIONS
WHEREAS, at the April 21, 1997 regularly scheduled City Council meeting, the City
Council adopted ordinances to create a hearing examiner system, delegating specific matters to
the Hearing Examiner for review, hearings, and final decisions; and
WHEREAS, this ordinance amends Chapter 8.04 PTMC, Animal Control, to fully
implement the hearing examiner process for conducting dangerous dog and potentially dangerous
dog appeal hearings,
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows:
SECTION 1. Section 8.04.270, Potentially dangerous dogs, Chapter 8.04, Animal
control, of the Port Townsend Municipal Code is hereby amended to read as follows:
8.04.270 Potentially dangerous dogs.
A. Declaration of a Dog as Potentially Dangerous. The animal control authority has the
authority to declare a dog potentially dangerous in any of the levels described as follows, if the
animal control authority has probable cause to believe the dog falls within the following
definitions:
1. Level 1. A dog is Level 1 potentially dangerous when without provocation it
chases or approaches a person upon the streets, sidewalks or other public property in a menacing
fashion or apparent attitude of attack.
2. Level 2. A dog is Level 2 potentially dangerous when it causes injury to or
otherwise threatens the safety of a human or domestic animal.
3. Level 3. A dog is Level 3 potentially dangerous when it bites a human or
domestic animal, either on public or private property.
A dog shall not be declared Level 2 or Level 3 potentially dangerous if the threat, injury, or bite
is sustained by a person who, at the time, was committing a willful trespass or other tort upon the
premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or
has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was
committing or attempting to commit a crime.
B. Restraint of Potentially Dangerous Dog. Potentially dangerous dogs shall be restrained
in the following manner:
1. A Level 1 potentially dangerous dog, whenever outside the owner's residence
and not on a leash, shall be restrained by a physical device or structure that prevents the dog from
reaching a public sidewalk, easement, right-of-way, road or adjoining property and must be
located where the dog does not interfere with legal access to the owner's property.
2. A Level 2 potentially dangerous dog must comply with the restrictions on a
Level 1 potentially dangerous dog, and in addition the animal control authority may require the
owner to obtain and maintain proof of public liability insurance. The owner may be required to
complete a responsible Petitioner ownership program administered by the animal control authority.
All costs associated with the program shall be paid by the owner.
3. A Level 3 potentially dangerous dog shall be confined within a secure enclosure
whenever the dog is not within the owner's residence. The secure enclosure must be located where
it does not interfere with the public's legal access to the owner's property. In addition, the animal
control authority may require the owner to acquire and maintain proof of public liability
insurance. The owner shall not permit the dog to be outside the secure enclosure or off the
owner's property unless the dog is muzzled and restrained by an adequate leash, and under the
control of a capable person. In addition, the owner must complete a responsible Petitioner
ownership program administered by the animal control authority. All costs associated with the
program shall be paid by the owner.
C. Notice. When the animal control authority determines that a dog is potentially
dangerous, the animal control authority shall notify the owner in writing that the dog has been
declared potentially dangerous. The notice shall contain a description of the dog, the name and
address of the dog's owner, if known, a brief summary of the facts upon which the declaration
is based, a statement of any restrictions placed on the dog as a cons,~uence of the declaration, a
statement of the penalties for further violations, and notice of the right to appeal the declaration,
including a statement of the deadline for the appeal.
D. Service of Notice. The animal control authority shall personally serve or mail by
certified mail the written declaration of a potentially dangerous dog to the owner. If the owner is
unknown, the animal control authority shall make reasonable efforts to locate and notify the
owner. The animal control authority shall send a copy of such notice to any party on record with
the animal control authority who has reported or complained about the dog. The failure to notify
such third party shall not affect or limit the validity of the notice.
E. Appeal of Declaration to the Heating Examiner Lahief-of-Pot~. The owner of a dog
declared potentially dangerous shall have ~ 14 calendar days from date of the written declaration
to appeal the declaration to the Port Townsend hearing examiner ehivf-of-Ix~. The owner's
appeal must be in writing and must be fried with the ~ anirrrat-cont~ atrthority within the
appeal period. The appeal shall be ac, r, tllllgalli~ by a $100.00 25.~_, administrative ~ fee.
F. Hearing Before the Hearing Examiner "~:-~
· ~,~, ,,~ ,,,.,,~ ,,l D~slgn~. Upon receiving the
appeal " ..... ~'.... 1 ....... 1 ....
written notice of , u,, ,,~,.,,,.1. ,.~,,,~,,,, auu,,.,.,y ~1,,~.
,~,,.*~ ,,~ t,,,-,~. T the city clerk elfief-o'f-lXfl~ shall promptly schedule an appeal hearing and
provide written notice of the hearing to the appellant. The appeal shall may be heard by-a-designee
of the Port Townsend hearing examiner chief--or-!ex:trice. At the heating, the animal control
authority shall have the burden of proving that the dog is potentially dangerous by a
2 ora.
preponderance of the evidence. The hearing examiner el'dref-~--imt~ ~,l ,l.-,,~, ,,~,,,~ shall
issue a written decision to the appellant which either sustains or reverses the animal control
authority's declaration. The decision shall be the final decision of the city.
anflam-it3r. If the declaration is sustained, the appellant shall be notified of the right of an appeal.
If the hearin~examiner ,.,u..~'-" u. ...... u. ,.~,,,~. u~.~,,,~, finds that there is insufficient evidence
to support the declaration, it shall be rescinded, and the restrictions imposed thereby annulled.
~ H. ~udicial Appeal. Appeals of the city ¢o~n¢11 hca~ng examiner's decision must be
~ken in the superior court of {efferson County within 21 ~enda~ days F~om the date of the ~
count{ hea~ng examiner's written decision. It shall be the appellant's burden to prove that the
decision by the ~y ~ that the dog is potentially dangerous is arbitrary and capricious. The
court sh~l ~eview the matter based upon the record es~bHshed before the h~'~ng examiner
H {. Court Decision. Upon review of the ~ h~dng examiner's written decision,
if the cou~ £mds that the decision of the city is arbitrary and capricious, the declaration shall be
rescinded and any rest~ctions imposed sh~l be removed. IF the court finds that the decision by
the city was not arbitra~ and capacious, the court may impose additional restrictions on the dog.
The court shall be authorized ~o consider whether the dog should be declared dangerous in
accordance with RCW 16.08.070(2).
! J. Control of the Dog During Appeal Process. During the entire appeal process, it shall
be unlawful for the owner or other party appealing the declaration of potentially dangerous dog
to ~dlow or permit the dog to: (1) be unconfined on the premises of such person; or (2) go beyond
the premises unless such dog is securelY leashed or humanely muzzled or otherwise securely
restrained. In the event the appellant Falls to control the dog as provided in this subs~tion, the
animal control authority sha~ be authorized to seize and impound the dog during the pendency of
the appel.
I {(. Change of Ownership, Custody or Residence. The owner of a dog that has be~n
declared potentially dangerous who sells or othe~vise transfers the ownership, custody, or
residence of the dog shall, within 10 working days prior to the change of ownership, inform the
anim~d control authority in writing of the name, address and telephone number of the new owner,
the new address where the dog will be located and the name, description and license number of
the dog. Prior to consummating the change of ownership, the owner shall notify the new owner
in writing of the de~ils of the dog's record relating to the declaration that the dog is potentially
dangerous, and the terms and conditions of the declaration. The owner shall also provide the
3 Ord.
animal control authority with a copy of the written notification which shall contain a notarized
statement by the new owner acknowledging receipt of the notice. (Ord. ~ § 1, 1997; Ord.
2547 § 3, 1996).
SECTION 2. Section 8.04.272, Failure to control a dog declared potentially dangerous -
Declaration of a dog as dangerous, is hereby amended to read as follows:
8.04.272 Failure to control a dog declared potentially dangerous - Declaration of a dog as
dangerous.
A. Violation. After a dog is declared potentially dangerous pursuant to this chapter, the
owner of the potentially dangerous dog shall be guilty of a violation of this chapter if the dog runs
at large, chases or approaches a person upon the streets, sidewalks, or other public grounds in a
menacing fashion or apparent attitude of attack, causes injury to or otherwise threatens the safety
of a human or domestic animal, or bites a human or domestic animal. This section shall not
preclude criminal prosecutiOn. In the event of a violation of this chapter, or under circumstances
where the dog poses a clear threat to the safety of persons or other domesticated animals, the
animal control authority shall be authorized to seize and impound the dog.
B. Declaration of a Dog as Dangerous. The animal control authority has the authority to
declare a dog dangerous, If the owner of a potentially dangerous dog is found guilty of violating
this section, the animal control authority shall make a further determination as to whether the dog
should be declared dangerous. Pursuant to RCW 16.08.090(3), dogs shall not be declared
dangerous if the threat, injury, or damage was sustained by a person who, at the time, was
committing a willful trespass or other tort upon the premises occupied by the owner of the dog,
or was tormenting, abusing or assaulting the dog or has, in the past, been observed or reported
to have tormented, abused, or assaulted the dog or was committing or attempting to commit a
crime.
C. Notice. When the animal control authority determines that a dog is dangerous, the
animal control authority shall notify the owner in writing that the dog has been declared
dangerous. The notice shall contain a description of the dog, the name and address of the dog's
owner, if known, a brief summary of the facts upon which the declaration is based, a statement
of any restrictions placed on the dog as a consequence of the declaration, a statement of the
penalties for further violations, and notice of the right to appeal the declaration, including a
statement of the deadline for the appeal.
D. Service of Notice. The animal control authority shall personally serve or mail by
certified mail the written declaration of a dangerous dog to the owner. If the owner is unknown,
the animal control authority shall make reasonable efforts to locate and notify the owner. The
animal control authority shall send a copy of such notice to any party on record with the animal
control authority who has reported or complained about the dog. The failure to notify such third
party shall not affect or limit the validity of the notice.
E. Appeal of Declaration to Hearing Examiner ~. The owner of a dog
declared dangerous shall have -10 14 calendar days from the date of the written declaration to
4 ora.
appeal the declaration to the Port Townsend hearing examiner ehitv~r~:~. The owner's appeal
must be in writing and must be filed with the city clerk ari..at ~,,,1,~,~ ,~,Li~,.~y within the appeal
period. The appeal shall be accompanied by a $100.00 25.00 administrative review ~ fee.
F. Hearing Before the Hearing Examiner L=hief-m~Pot~. Upon receiving the written
notice of appeal '1-- -~: ........... ' .... 1- ........ 1- .............. ~' ...... -1 '1-- appeal '- '1-- -1-~'-~' -~'
pcrtiee~ Ihe city clerk ~ shall promptly schedule an appeal hearing and provide
written notice of the hearing to the appellant. The appeal may shall be heard bY ~ the
Port Townsend hearing examiner et'dch:r~. At the hearing, the animal control authority shall
have the burden of proving that the dog is dangerous by a preponderance of the evidence. The
hearing examiner ehie-~:ff-pot~ shall issue a written decision to the appellant which either
sustains or reverses the animal control authority's declaration. The decision shall be the final
decision of the city..,,.~--~'--' ,~,,~,,~' .... '---'~- If the declaration is sustained, the appellant shall be
. gl. ti LIIVI ll.y.
notified of the right of an appeal. If the hearing_ examiner,~.~,~-~'-~'~,1-~ t~,",~--': .... ,-,~ ,-~,~:~ "--*'-- ,~'~-~ ~ - -~' .... finds
that there is insufficient evidence to support the declaration, it shall be rescinded, and the
restrictions imposed thereby annulled.
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ll~..~lJ, lll~ I./~/~./IG LII~;, ~,ll.y ~.,IL~llll~,~ll1 l.llG ~l.lr/IJ~llglJl~ i~ll~Lll ll~lV~ l.ll~, ULII~]-~;II l.~ IJ.Ik~./V~,.t LllAI.
13 t-1. Judicial Appeal. Appeals of the eity-eoun~ hearing examiner's decision must be
taken in the superior court of Jefferson County within 21 c~endar days from the date of the
eonneit hearing examiner's written decisiOn. It shall be the appellant's burden to prove that the
decision by the hearing examiner eity-eoun~ that the dog is dangerous is arbitrary and capricious.
The court shall review the matter based upon the record established before the hearing examiner
I-I t. Court Decision. Upon review of the ~ hearing examiner's written decision,
if the court finds that the decision of the city is arbitrary and capricious, the declaration shall be
rescinded and any restrictions imposed shall be removed. If the court finds that the decision by
the city was not arbitrary and capricious, the court may impose additional restrictions on the dog,
including but not limited to an order authorizing the destruction of the dog.
I ~. Control of the Dog During Appeal Process. During the entire appeal process, it shall
be unlawful for the owner or other party appealing the declaration of dangerous dog to allow or
permit the dog to: (1) be unconfined on the premises of such person; or (2) go beyond the
premises unless such dog is securely leashed or humanely muzzled or otherwise securely
restrained. In the event the appellant fails to control the dog as provided in this subsection, the
animal control authority shall be authorized to seize and impound the dog during the pendency of
the appeal. (Ord. ~ § 2, 1997; Ord. 2547 § 4, 1996).
5 O d. o¢S9o
SECTION 3. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of the
provision to other persons or circumstances is not affected.
This ordinance shall take effect and be in force five days after the date of its publication
in the manner provided by law.
Read for the first, second, and third times and passed by the City Council of the City of
Port Townsend, Washington, at a regular meeting thereof, held this 19th day of May, 1997.
Attest:
Pam Kolacy, City Clerk
05114197 [Titlo 81 CA§ Ord\{ChS-04.doc}
Julie ,~M/e/Culloch, Mayor
l~lcM~han, City Attorney