A. The Animal Control Officer shall identify and classify potentially dangerous dogs and dangerous dogs. The Animal Control Officer may find and declare a dog potentially dangerous or dangerous if the Animal Control Officer has probable cause to believe that the dog falls within the definitions set forth in SMC 7.04.020. Probable cause may be based upon:
1. The written complaint of a citizen who is willing to testify that he or she witnessed the dog acting in a manner which causes it to fall within the definition of potentially dangerous dog or dangerous dog.
2. Dog bite reports filed with the Animal Control Officer.
3. Actions of the dog witnessed by any Animal Control or Law Enforcement Officer.
4. Other substantial evidence.
B. Rabies Control.
1. In the event that any animal has bitten a human being, the designated animal control agent may order quarantine of such animal for a period up to fourteen days. In the event that the agent has reason to suspect that an animal is rabid, the appropriate officials of the Washington State Department of Health and Snohomish County Department of Health shall be notified and the designated animal control agent shall coordinate any further activities with the agencies which have jurisdiction rabies prevention and control. The provisions of Chapter 246-100 WAC, together with amendments thereto, are incorporated in this chapter by reference and prevail over any conflicting provision of this chapter in any suspected rabies matter.
2. The quarantined animal must not be kept in any area that is accessible to other animals or persons, but shall be kept indoors in a secluded room. Should the order of quarantine be broken, the animal may be impounded and held by a designated custodian of animals at owner and/or custodian expense for the remainder of the quarantine period. Redemption is subject to payment of any fees allowable under this chapter. It shall be a violation of this chapter for any owner or custodian to whom an order of quarantine is issued to knowingly, recklessly, or with criminal negligence permit the order of quarantine to be broken.
C. Upon determining that probable cause exists to believe that a dog is potentially dangerous or dangerous, the Animal Control Officer may issue a written notice to the owner of the dog. The notice shall contain the following:
1. The name and address of the owner of the dog;
2. A brief description of the dog;
3. A brief statement of why the dog has been found to be a potentially dangerous dog or dangerous dog;
4. The specific provision or provisions of SMC 7.08.060(A) under which the Animal Control Officer has found the dog to be a potentially dangerous dog or dangerous dog;
5. The requirements for restraint of the dog, if applicable, as determined by the Animal Control Officer, and when these requirements must be complied with;
6. The criminal penalty for violation of the requirements for restraint imposed by the Animal Control Officer, including a statement that, if the requirements are not timely met, the Animal Control Officer shall have the authority of issue a criminal citation or report such non-compliance to the City Attorney’s Office, which shall have the authority to initiate a criminal action, all as set out in 7.08.080 hereof; and
7. A statement advising:
a. That the notice may be appealed to the City of Snohomish Hearing Examiner.
b. That the failure to file a timely and complete notice of appeal will constitute a waiver of all rights to an appeal under this chapter.
D. The notice shall be served on the owner in one of the following methods:
1. First class mail to the owner’s last known address; or
2. Personally. If the notice of hearing is personally served, proof of personal service of notice of hearing shall be made by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made.
E. Duty of owner to notify animal control agency of change in status of potentially dangerous or dangerous dog.
1. The owner of a potentially dangerous or dangerous dog shall immediately notify the animal control agency when the dog:
a. is loose or unconfined off the premises of the owner;
b. has bitten or injured a human being or another animal;
c. is sold, given away, or moved to another address; or
2. If a potentially dangerous or dangerous dog is sold, given away, or moved to another location, the owner shall provide the name, address, and telephone number of the new owner, or the address and telephone number of the new location if retained by the same owner, to the animal control agency prior to moving the dog, whether within or outside Snohomish County. All requirements of this chapter must be met by the new owner prior to moving the dog if the dog remains within Snohomish County. If the dog is retained by the same owner, but moved to another address, the requirements of this chapter must be met prior to moving the dog.
3. If a potentially dangerous or dangerous dog dies, the owner shall supply to the animal control agency within 30 days of death, a veterinarian certificate of death or other proof that the dog has died.
F. If the owner cannot be located as provided in paragraph (D) (1) or (2) of this subsection, notification shall be attempted by publication in a newspaper of general circulation. (Ord. 2266, 2014) (Ord. 2266, 2014.)