9.10.020 Declaration of potentially dangerous dog or dangerous dog -- Procedure and notification requirements.
(1) The animal control agency shall identify and classify potentially dangerous dogs and dangerous dogs. The agency may find and declare an animal potentially dangerous or dangerous if the animal control officer has probable cause to believe that the animal falls within the definitions set forth in SCC 9.01.030(19) or SCC 9.01.030 (10). Probable cause may be based upon:
(a) the written statement of a citizen who is willing to testify that he or she witnessed the animal acting in a manner which causes it to fall within the definition of SCC 9.01.030(19) or SCC 9.01.030(10); or
(b) actions of the dog witnessed by any animal control officer or law enforcement officer; or
(c) other substantial evidence.
(2) Upon declaring a dog potentially dangerous or dangerous under subsection (1) of this section, the animal control agency shall prepare a written notice that the dog is dangerous or potentially dangerous. At a minimum, the notice shall state:
(a) A description of the dog including breed, color, sex and license number, if known;
(b) the name and address of the owner, if known;
(c) The location of the animal if not in the custody of the owner;
(d) The facts upon which the notice is based;
(e) The requirements for containment and restraint of the dog, if applicable, as determined by the animal control agency, that the requirements for containment and restraint shall be complied with immediately upon receipt of the notice and that failure to comply with the requirements of containment and restraint shall result in the immediate confiscation and impoundment of the dog, pursuant to SC 9.10.090;
(f) The criminal penalty for violation of the requirements for containment and restraint imposed by the animal control agency, including a statement advising that if the requirements are not timely met, the animal control officer shall have the authority to issue a criminal citation or report such noncompliance to the office of the prosecuting attorney, which shall also have authority to issue a criminal citation, and that if the dog is declared potentially dangerous, similar incidents in the future could result in the dog being declared dangerous pursuant to Section 9.01.030(1); and
(g) a statement advising:
(i) that the notice may be appealed to the Snohomish county hearing examiner as specified in SCC 2.02.125; and
(ii) that the failure to file a timely and complete appeal will constitute a waiver of all rights to an appeal under county code.
(h) a statement that the notice constitutes a final determination that the dog is either potentially dangerous or dangerous.
(3) The notice shall be served on the owner by one of the following methods:
(a) certified mail to the owner’s last known address. The service shall be deemed complete upon the third day following the day upon which the notice was placed in the mail; or
(b) personal service. If the declaration is personally served, proof of personal service of the declaration shall be made by a written declaration under penalty of perjury executed by the person effecting service, declaring time, date and manner in which service was made; or
(c) if the owner cannot be located as provided in paragraph (a) or (b) of this subsection, by publication in a newspaper of general circulation. The service shall be deemed complete 14 days following the day upon which the notice was published. (Added by Ord. 95-098 § 2, Dec. 20, 1995; Amended by Amended Ord. 06-134, Feb. 28, 2007, Eff date Mar. 16, 2007).