6.10.100 Appeal of Potentially Dangerous or Dangerous Dog Determination:
A. Any owner of a dog which has been declared potentially dangerous or dangerous by the Community Services Officer, pursuant to this section, may appeal the notice to the Hearing Examiner as provided in Chapter 1.20. The fee and written notice of appeal shall be on a form provided for that purpose by the City Clerk and must contain the following items:
1. A caption reading. “Appeal of Potentially Dangerous Dog or Dangerous Dog Determination” giving the name of the appellant;
2. A brief statement of the finding being appealed, together with any material facts claimed to support the contentions of the appellant including but not limited to the following written information and/or documents:
a. Specific basis on which the owner contests the determination of potentially dangerous or dangerous dog;
b. Any breed identification or registration paperwork, certificates, pedigrees, or the like regarding the dog in question;
c. Any expert testimony supporting or corroborating the owner’s assertion that the dog is not a potentially dangerous or dangerous dog;
d. Any certifications or other evidence establishing training courses completed by the dog and its owner, such as obedience training or canine good citizen training.
3. A brief statement of the relief sought, and the reasons why the finding should be reversed, modified, or otherwise set aside.
4. A statement acknowledging that if the Hearing Examiner finds there is sufficient evidence to support the potentially dangerous or dangerous dog determination, all costs of the appeal process, including attorney’s fees, shall be assessed against the owner.
5. The current address of the appellant.
6. A verification, by declaration under penalty of perjury, made by the appellant as to the truth of the matters stated in the appeal, pursuant to RCW 9A.72.085.
B. Failure to file a timely and complete notice of appeal constitutes a waiver of all rights to an appeal under this chapter. Failure to appear for an appeal hearing shall result in a denial of the appeal and upholding of the declaration of potentially dangerous or dangerous dog.
C. Upon receipt of a timely filed and completed notice of appeal, a notice of hearing shall be sent to the appellant, setting the date, time and place of the appeal hearing.
D. The Hearing Examiner shall set a date and time for hearing the appeal following receipt of a timely filed and complete notice of appeal. The filing of a notice of appeal shall not stay the requirements for restraint of the dog provided to the owner pursuant to this chapter.
E. The appeal shall be heard before the Hearing Examiner for the City. At the hearing, the dog shall be declared potentially dangerous or dangerous upon proof that the dog is as defined in MLMC 6.10.030(3) or (5), as established by the probable cause standard required for the declaration of the Community Services Officer.
F. The burden shall be upon the owner of the dog to prove one or more of the affirmative defenses set forth in 6.10.040 by a preponderance of the evidence. The affirmative defenses set forth in 6.10.040 shall not apply in actions to declare the dog to be potentially dangerous.
G. At the hearing, the owner of the dog found to be a potentially dangerous or dangerous dog shall be permitted to present evidence in support of the owner’s position at the hearing.
H. At the conclusion of the hearing, the Hearing Examiner shall issue a written decision.
1. If the Hearing Examiner finds there is insufficient evidence to support the potentially dangerous or dangerous dog determination, it shall be rescinded and the restrictions imposed thereby annulled. No Hearing Examiner costs shall be assessed and any potentially dangerous or dangerous dog registration fee paid shall be refunded.
2. If the Hearing Examiner finds there is sufficient evidence to support the potentially dangerous or dangerous dog determination, all costs of the appeal process, including attorney’s fees, shall be assessed against the owner.
I. The decision of the Hearing Examiner shall be final and shall be mailed to the owner. Proceedings to review the decision must be instituted within fifteen (15) calendar days of the date the written decision was mailed.
J. All impound fees are the responsibility of the owner of the dog, no dog impound expense and fee(s) shall be assessed against the City of Moses Lake or the animal control authority or officer. (Ord. 2935, 11/12/19; Ord. 2757, 3/24/15)