HomeMy WebLinkAboutord2009-053 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 - 303
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
DD 5/18/09 ' 6 / 23 / 09 Intro
Originator:
Division Head. In I�, C � I � g E 13 7 / 7 / 09 Finance / Council
Dept. Head: g/10/1v[ ��""l/
JUN 6 2009
Prosecutor: jWW 214I1" HATCOM COUNTY
Purchasing/ dge : ' O O C R
Executive: InX 6
TITLE OF OCUMENT:
Ordinance amending Whatcom county Code section 6 . 04 , Animal Control including a new process
for contested hearings .
ATTACHMENTS: Memo and Ordinance
SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO
SEPA review completed? ( ) Yes ( x ) NO Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you
must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in
explaining the intent of the action.)
4
Ordinance amending Whatcom County Code section 6 . 04 , Animal Control
COMMITTEE ACTION:: COUNCIL ACTION:
6 / 23 / 2009 : Introduced
7 / 07 / 2009 : Forwarded to Council for approval 7 / 07 / 2009 : Council Adopted 7 -0
Ord . 2009 - 053
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
Ord . 2009 -053
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County 's website
at: www. co. whatcom. wa. us/council
1 SPONSORED BY: Consent
2 PROPOSED BY: County Executive
3 INTRODUCTION DATE : 6 / 23 / 2009
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5
6 ORDINANCE NO . 2009- 053
7
8 AMENDING WHATCOM COUNTY CODE
9 SECTION 6. 04, ANIMAL CONTROL
10
11 WHEREAS , Section 6 .04 of the Whatcom County Code provides regulations within the
12 unincorporated areas of Whatcom County and specific controls within designated urban areas of
13 Whatcom County to control animal conduct; and
14
15 WHEREAS , Section 6 . 04. 100 of the Whatcom County Code states that animal owners
16 must request a hearing in front of the animal control agency that issued the declaration which
17 could be perceived as a conflict of interest in the pursuit of the legal recourse guaranteed to
18 residents that have a desire to request a hearing to • contest a declaration of dangerous or
19 potentially dangerous dog. ; and
20
21 WHEREAS , in order to provide a more democratic process for animal owners to request
22 a hearing to contest a declaration of dangerous or potentially dangerous dog, Section 6 . 04 . 100
23 should be repealed and Section 6.04 .232 "Contested Hearing" should be added to the Whatcom
24 County Code to reflect that these contested hearings will be heard by the District Court of
25 Whatcom County.
26
27 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Section
28 6 . 04 . 100 of the Whatcom County Code be repealed as indicated in Exhibit A to this ordinance ;
29 and that Section 6 . 04 .232 be added to the Whatcom County Code as indicated in Exhibit C to
30 this ordinance.
31
32 ADOPTED THIS 7th DAY OF July , 2009 . '
33 ``�t+�tttiiiuIIIIi
34 i .4 c o u A . ", WHATCOM COUNTY COUNCIL
35 ��4411 ar 5•4O4• •:3 �eS WHATCOM COUNTY, WASHINGTON
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38 - , _
Imo � . ) 4i , At ,
40 %:Jan I:. ktsiektyit, C` k of the Council s . r Fleetwo . • , Council Chair
41 ee * `%
42 AP VEWAS
FORM APPROVED ( r DENIED ( )
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6 c, c..4 47 eputy Prosecu Attorne Pete Kremen, County Executive
P Y � Y
Date :
Exhibit A
6. 04. 100 Dangerous or potentially dangerous dogs Declaration Appeal .
Following service of a declaration of dangerous or potentially dangerous dog, the owner
or keeper may, within five business days of receipt of the declaration, or within five days of the
publication of the declaration pursuant to WCC 6 . 04 . 090 (B)(3), request in writing a hearing
before the director of animal control.
A. Such request shall contain:
1 . A brief statement that protests the action and stating reasons it should be
reversed or modified; and
2 . The names, phone numbers and addresses of any witnesses who will
appear on the dog owner' s behalf; and
3 . Current day phone number where the owner, keeper or his representative
can be contacted; and
1 . An address where notice may be sent; and
5 . If any of the above information changes during the process, it iJ
incumbent upon the appellant to give written notification of the change to the director of animal
control authority.
B . Within seven business days of receiving the notice of appeal the director of
animal control authority shall notify the appellant and any complainants of the hearing date. The
hearing must take place within 30 days of receipt of the appeal, with an effort to reasonably
accommodate all parties involved. All witnesses will be notified by phone or letter of the
hearing date.
If appellant or appellant' s representative fails to appear for the hearing, excepting
verifiable emergency, the original determination stands .
C . At the hearing, the animal control officer will give a full report of the actions and
reasons leading to the declaration. Any witnesses who were a part of the determination and
declaration shall be present and asked for their testimony. The burden is on the animal control
department to s how by a preponderance of the evidence that the dog is dangerous or potentially
dangerous as defined in WCC 6 . 011 .020(H) or (Q) . The dog owner, keeper or his representative
and any witnesses on behalf of the dog or its owner will then be asked for their testimony and be
given an opportunity to present any other pertinent evidence. The dog owner may be represented
by counsel. The hearing will not be open to the public, and witnesses may be excluded until
their testimony is taken if requested by the dog' s owner. The rules of evidence do not apply at
this hearing and the director is free to consider anything the director feels is relevant.
D . The director of animal control, having heard from both sides, will render either an
immediate decision or a decision within 48 hours if new information is presented that may have a
bearing on the decision.
E. The decision will :
1 . Uphold the original declaration and terms imposed; or
2 . Reverse the entire decision; or
3 . Uphold the original declaration but modify the terms and restrictions; or
1 . Downgrade a declaration of dangerous to potentially dangerous with
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Exhibit C
6 . 04 .232 Contested Hearing.
Following service of a declaration of dangerous or potentially dangerous dog, the owner
or keeper may, within five business days of receipt of the declaration, or within five business
days of publication of the declaration pursuant to WCC 6 . 04 .090(B)(3 ), request a hearing
contesting such actions through the District Court of Whatcom County.
If owner or keeper wishes to request a hearing, they must do so in person at the District
Court of Whatcom County Offices, Whatcom County Courthouse, 311 Grand Avenue, Suite 401 ,
Bellingham, Washington 98225 . Animal owner or keeper shall :
A. Pay the currently established District Court filing fee for civil actions; and
B . File with the District Court Clerk a petition which shall contain the following
information:
( 1 ) Date of declaration with a copy attached;
(2) Statements giving basis as to why petitioner believes the decision should
be reversed;
(3 ) Names, addresses and phone numbers of any witnesses who will appear on
petitioner' s behalf; and
(4) Current address and daytime phone number where petitioner can be
contacted.
C . If an animal(s) has been impounded, petitioner shall seek an expedited hearing.
D . It is the petitioner' s responsibility to notify the animal control authority within 48
hours of the filing. If the last day for notification falls on a day that the animal control authority
is closed for business, the petitioner has until the next business day to provide notice .