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If there is probable cause to believe that a dog which has been declared potentially dangerous or dangerous is in violation of any restrictions of BMC 7.08.150 or of 7.08.170, the animal control officer may file a petition requesting disposition of the dog. Upon the filing of said petition:

A. The owner or keeper of the dog shall be served with the petition and a notice to appear in municipal court. Service may be effected as provided in BMC 7.08.130(B). Attendance at this appearance is mandatory. Failure of the owner or keeper of the dog to attend after being served with notice is a misdemeanor punishable as provided in BMC 7.08.120.

B. At a hearing on the petition, the humane society has the burden of establishing by a preponderance of the evidence that the dog was in violation of restrictions as provided in BMC 7.08.150 or 7.08.170. This determination is made by the court sitting without a jury. This section provides a civil action in addition to the criminal action prosecuted in BMC 7.08.150 for violation of the restrictions.

C. Following the hearing, the court may rule that:

1. There is insufficient evidence to support the allegation made, whereupon the animal will be released to its owner subject to any restrictions previously imposed; or

2. There is sufficient evidence to establish by a preponderance of evidence that the dog was in violation and the dog shall be promptly disposed of by the humane society; or

3. There is sufficient evidence, to establish by a preponderance of evidence that the dog was in violation, and the dog shall be declared dangerous and subject to the restrictions on dangerous dogs as provided in Chapter 16.08 RCW. [Ord. 10468 § 2, 1993].