7.08.140 Potentially dangerous or dangerous dog declaration – Appeal.
A. If the owner or keeper of the dog wishes to object to the declaration of potentially dangerous or dangerous dog, the owner or keeper may request a hearing before the municipal court judge by submitting a written request to the clerk of the court.
B. The written request for a hearing must be filed within five business days of receipt of the declaration, or within five business days of publication and shall contain the following:
1. A brief statement that protests the action and gives reasons it should be reversed or modified; and
2. Names, addresses, and phone numbers of any witnesses who will appear on the dog owner’s behalf; and
3. Current day phone number where owner or keeper can be contacted.
C. If the owner or keeper does not file a timely written request for hearing, the restrictions imposed in connection with the declaration shall remain in effect for the life of the animal, unless sooner lifted by the humane society action or a court of competent jurisdiction.
D. The municipal court, upon receipt of the request, will set a hearing date and send notice to the parties. It shall be the responsibility of the parties to notify witnesses of the hearing date. If the appellant or his/her representative fails to appear for the hearing, except for a verifiable emergency, the declaration stands.
E. At the hearing, it shall be the burden of the humane society to establish by a preponderance of the evidence that the dog is a “potentially dangerous dog” as defined in BMC 7.04.030, or a “dangerous dog” as defined in BMC 7.04.030.
F. Following the hearing, if the court finds a preponderance of evidence to support the declaration, it shall uphold the declaration, impose court costs not to exceed $200.00 on the appellant, and may impose additional restrictions on the dog; if the court finds insufficient evidence to support the declaration, it shall be rescinded and the restrictions annulled.
G. Following service of a declaration of potentially dangerous dog, and pending any appeals, the animal control officer may, if circumstances require, seize and impound the dog at the owner’s or keeper’s expense as provided in BMC 7.08.080, until a court orders either its redemption or destruction. [Ord. 10468 § 2, 1993].