HomeMy WebLinkAboutord2016-071WHATCOM COUNTY COUNCIL AGENDA BILL No..___ 201 6 - 321
CLEARANCES
Initial
Date
Dat Received in Council Of ece
Agenda Date
Assigned to:
Originator:
10/25/2016
I�u1 I�
Li t] L� D
11/22/2016
Introduction
Division Head.
OCT 2 5 2016
12/6/2016
Finance /Council
Dept. Head.•
WHATCOM COUNTY
COUNCIL
Prosecutor
PurchasinglBudket:
Executive:
TITLE OF DOCUMENT:
Ordinance amending WCC 6.04, Animal Control
ATTACHMENTS:
SEPA review required? ( ) Yes (
) NO
Should Clerk schedule a hearing ? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes (
) 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.)
Ordinance amending WCC 6.04, Animal Control
COMMITTEE ACTION:
COUNCIL ACTION.
12/6/2016: Forwarded to Council for approval
11/22/2016: Introduced 7 -0
12/6/2016: Adopted 7 -0, Ord. 2016 -071
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number:
Ord. 2016 -071
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.
PROPOSED BY:
INTRODUCTION DATE: NOVEMBER-Z7.-2016
ORDINANCE NO. 2016 -071
AMENDING WHATCOM COUNTY CODE
CHAPTER 6.04, ANIMAL CONTROL
WHEREAS, Section 6.04 of the Whatcom County Code (WCC) provides regulations within the
unincorporated areas of Whatcom County and specific controls within designated urban areas of
Whatcom County to control animal conduct; and
WHEREAS, Ordinance No. 2009 -053 adopted WCC 6.04.232 to provide a process in the
Whatcom County District Court for an animal owner to contest a declaration of dangerous or
potentially dangerous dog made by the animal control authority; and
WHEREAS, WCC 6.04.232 currently provides for the payment of a filing fee when a request
for a hearing to contest a declaration of dangerous dog or potentially dangerous dog is filed in the
Whatcom County District Court and the provision is silent on the requisite burden of proof in such a
contested hearing; and
WHEREAS, a Washington Court of Appeals, in Downey v. Pierce County, 165 Wn. App. 152
(2011), held that requiring a fee for such a contested hearing violated the animal owner's right to
due process, and the court further determined that the county needed to prove its case by a
preponderance of evidence.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that WCC 6.04.232
is hereby amended as outlined in Exhibit A to this ordinance.
6 Llf December
ADOPTED phis, day of . 2016.
NT c
* �kq
ATTEST: ? G7 O
r
Dana Bfown -DaV do ark of W Council
APPROVE] AS TO FORM:
f_
Karen N. Frakes
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
r B chanan, Council Chair
WHATCOM COUNTY EXECUTIVE
WHATCOM COUNTY, ,W�ASHINGTON
Jack Louws
County Exe
( (Approved ( )QDenied
Date Signed:
1
EXHIBIT A
2 6.04.232 Contested hearing.
3 Following service of a declaration of dangerous or potentially dangerous dog, the owner or
4 keeper may, within five business days of receipt of the declaration, or within five business days
5 of publication of the declaration pursuant to WCC 6.{04_090(6)(3), request a hearing contesting
6 such actions through the district court of Whatcom County.
7 If owner or keeper wishes to request a hearing, they must do so in person at the District Court of
8 Whatcom County Offices, Whatcom County Courthouse, 311 Grand Avenue, Suite 401,
9 Bellingham, Washington 98225. Animal owner or keeper shall:
10 A. File with the district court clerk a petition which shall contain the following information:
11 1. Date of declaration with a copy attached;
12 2. Statements giving basis as to why petitioner believes the decision should be
13 reversed;
14 3. Names, addresses and phone numbers of any witnesses who will appear on
15 petitioner's behalf; and
16 4. Current address and daytime phone number where petitioner can be contacted.
17 B. No filing fee shall be charged by District Court.C. If an animal(s) has been impounded,
18 petitioner shall seek an expedited hearing.
19 D. It is the petitioner's responsibility to notify the animal control authority within 48 hours of the
20 filing. If the last day for notification falls on a day that the animal control authority is closed for
21 business, the petitioner has until the next business day to provide notice. (Ord. 2009 -053 Exh.
22 C).
23 E. At the hearing, the animal control authority has the burden of proving by a preponderance of
24 the evidence that the dog declared dangerous or potentially dangerous falls within the definition
25 of WCC 6.04.020(H) or WCC 6.04.020(Q).
26
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