Ord 1289: Amending Portions of Chapter 6.05 and Section 2.25.130 of Lewis County Code BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
AN ORDINANCE OF LEWIS COUNTY, )
AMENDING PORTIONS OF CHAPTER 6.05 )
AND SECTION 2.25.130 OF THE LEWIS ) ORDINANCE NO. 1289
COUNTY CODE, PERTAINING TO )
DANGEROUS ANIMAL PROCEEDINGS AND )
APPEALS )
WHEREAS, Lewis County has a process, as required by state law, by which animals
are declared dangerous if they meet specified criteria;
WHEREAS, in practice, the process of declaring animals dangerous is highly
emotionally charged;
WHEREAS, involving knowledgeable citizens in the process and increasing
transparency will make the process more open, fair, and legitimate; and
WHEREAS, a quasi-judicial citizens' board to handle dangerous animal decisions is
an effective means of obtaining such public participation; and
WHEREAS, several technical and procedural changes are needed to facilitate the
citizens' panel's decision and provide a meaningful appeal afterwards; and
WHEREAS, once an animal is declared dangerous, legal requirements apply; and
WHEREAS, the process that occurs if one fails to comply with those requirements is
slow, expensive, and requires the County to criminally or civilly prosecute the person
violating the requirements regardless of whether it is worthwhile to do so; and
WHEREAS, a fast, fair, and definitive process outside of any criminal or civil
prosecution is needed; NOW THEREFORE:
BE IT ORDAINED by the BOCC that:
Section 1. Chapter 6.05 LCC is reenacted and amended as follows (additions are
underlined; deletions are struck through):
Chapter 6.05
ANIMALS
Sections:
6.05.010 Definitions.
6.05.020 Prohibited activities of animals.
6.05.030 Animals at large.
6.05.040 Cruelty to animals.
6.05.050 Potentially dangerous and-dangerous animals.
6.05.060 Dangerous animals.
6.05.070 Dangerous animal designation hearing - Process.
6.05.080 Effect of designation -Civil penalty.
6.05.090 Effect of designation -Criminal penalty.
6.05.095 Voluntary surrender of dangerous animal.
6.05.100 Administrative impoundment warrant,--Impounding-dangerous animal
6.05.105 Impound hearing following dangerous animal seizure by administrative warrant.
6.05.110 Impoundment and disposition of animals held by Lewis County other than by administrative
warrant for a dangerous animal violation.
6.05.120 Subpoenas.
6.05.140 No effect on civil liability,
6.05.145 Repeat infractions criminalized.
6.05.150 AStay or appeal of dangerous animal designation.
6.05.155 Judicial removal of Rescinding dangerous animal designation.
6.05.160 Restitution.
6.05.170 Scope.
6.05.180. Severability.
6.05.010 Definitions.
In construing the provisions of this chapter, except where otherwise plainly declared or clearly apparent
from the context, words used herein shall be given their common and ordinary meaning; in addition, the
following definitions shall apply:
(1) "Adequate shelter" means a moisture-proof and wind-proof structure that allows the animal to turn
around freely, sit easily, stand and lie normally and that keeps the animal clean, dry and comfortable.
(2)"Adoption" means transferring ownership of an animal from Lewis County to a third party.
(3)"Adult dog" and "adult cat" mean any dog or cat past the age of six months, or whose permanent
canine teeth have erupted through the gum line.
(4)"Animal" means all members of the animal kingdom except humans, fish, and insects.
(5) "Animal control authority" means the Lewis County sheriff or his authorized personnel. This term as
used throughout this chapter shall not be construed to limit the authority of any fully commissioned law
enforcement officer.
(6) "Animal shelter" and "animal shelter division" and "Lewis County animal shelter" mean a location
designated by the director of public health-and-social servicesPublic Health & Social Services for the
purpose of housing and maintaining animals held by Lewis County.
(7) "At large" means off the premises of the owner or keeper of the animal, and not under restraint by
leash or chain or not otherwise controlled by a competent person.
(8) "Competent person" means a person who is able to sufficiently care for, control, and restrain an
animal, and who has the capacity to exercise sound judgment regarding the rights and safety of others.
(9) "Dangerous animal" means any animal that:
(a) On public or private property, inflicted severe injury on a human being without provocation,
including without limitation: causing (i)a fracture of any body part, (ii) a cut or laceration or puncture
wound which bleeds, (iii) a contusion which is visible for more than 13 days, (iv) great or serious or
substantial bodily harm as defined by RCW Title 9A, or(v) death; or
(b) Killed a domestic animal or livestock while at large or off the owner's property; or
(c) Has been previously found to be potentially dangerous and, the owner having received notice of
such finding under this chapter, the animal again aggressively bites, attacks, or endangers the
safety of humans or animals. It shall be necessary to prove the initial event triggering the potentially
dangerous animal designation, service of notice of the designation, and the current event of
aggressively biting, attacking, or endangering the safety of humans or animals before an animal
may be declared dangerous based upon a prior finding that the animal was potentially dangerous. It
is not necessary that an animal have been declared potentially dangerous prior to being declared
dangerous unless the basis for the dangerous animal declaration is the prior finding of potentially
dangerous animal.
(10)"Designated animal holding facility" means a facility designated by the director of public health-and
social--servicesPublic Health & Social Services for the purpose of holding animals.
(11)"Domestic animal" means those domestic beasts such as any dog, cat, rabbit, horse, mule, ass,
bovine animal, poultry, duck, lamb, goat, sheep or hog, or other animal made to be domestic or lawfully
owned or kept as a pet.
(12)"Hearing examiner" shall mean the hearing examiner for the county of Lewis or a deputy thereof to
hear civil appeals relating to the enforcement of this title, and as defined in Chapter 2.25 LCC.
(13)"Humanely destroy" means the destruction of an animal accomplished by a method that involves
instantaneous unconsciousness and immediate death, or by a method that causes painless loss of
consciousness and death during such loss of consciousness. The term shall include euthanasia in a
manner consistent with best veterinary practices; provided, that the term is not interpreted to exclude
other humane destruction of animals without the assistance of a licensed veterinarian.
(14)"Humane officer" means any individual appointed by the Lewis County sheriff's office with a limited
law enforcement commission for the purpose of enforcement of statutes pertaining to the care and
treatment of animals as well as other legislation directly related to animal neglect or abuse.
(15)"Impound" means to seize and deliver an animal to the Lewis County sheriff or the sheriff's deputy or
the director of public-health-arid social servicesPublic Health &Social Services or the director's designee
for the purpose of housing and maintaining the animal for a period of time at the animal shelter. The
Lewis County sheriff and the director of public-health-and-social servicesPublic Health & Social Services
may designate, together or separately, to whom animals are to be delivered for impoundment.
(16)"Livestock" includes, but is not limited to, horses, mules, cattle, llamas, sheep, swine, goats, poultry,
and domestic rabbits.
(17)"Muzzle" means a fastening or covering of the mouth of an animal to prevent biting and made in a
manner that will not cause injury to the animal or interfere with its vision or respiration.
(18) "Owner" or"keeper," in addition to their ordinary meanings, are terms that can be used
interchangeably within this chapter and mean any person, firm, corporation, organization, department or
other entity possessing, harboring, keeping, having or claiming an interest in, or having control or custody
of an animal for at least three-fourteen calendar days, whether or not all of the traditional rights of
ownership are vested in the entity. The terms also refer to any entity performing any of the acts of
providing care, shelter, protection, refuge, food, water, or nourishment in such manner as to control or
attempt to control the animal's actions or habits, when the entity provides any of these acts or exercises
control for three-fourteen calendar days or more. An entity is an owner or keeper when an animal is
apparently spending the majority of its time at a location under that entity's control for a period of at least
three fourteen calendar days. When the terms are used to mean the owner or keeper of something other
than an animal, the terms shall have their plain and ordinary meanings. Note: this definition applies only
to this chapter and does not in any way affect legal title to an animal; it is not intended to imply that any
person obtains a property right in an animal merely by possessing or harboring it as described herein.
(19) "Police dog" means a dog used by a law enforcement agency that is specially trained for law
enforcement work.
(20)"Potentially dangerous animal" means any animal that, when unprovoked:
(a) Inflicts bites on a human or a domestic animal or livestock either on public or private property; or
(b) Chases or approaches a person upon the streets, sidewalks, or any public grounds in a
menacing fashion or apparent attitude of attack, or any animal with a particularly known propensity,
tendency or disposition to attack unprovoked, to cause injury or otherwise to threaten the safety of
humans or domestic animals.
(21)"Premises" means any parcel of land and the structures thereon.
(22)"Proper enclosure" means securely confined indoors, or in a securely enclosed and locked pen or
structure, suitable to prevent the entry of young children and designed to prevent the animal from
escaping. Such pen or structure shall have secure sides and a secure top and floor and shall also provide
protection from the elements for the animal and shall comply with the current standards of a national
veterinarian, zoological, or animal protection organization for the humane and secure enclosure of the
individual animal species. Provided, that all indoor or fenced outdoor portions of the animal shelter shall
constitute a proper enclosure. A motor vehicle is not a proper enclosure for the purposes of this chapter.
(23)"Property" means anything of value, whether tangible or intangible, real or personal. Animals are
personal property.
(24)"Provocation" includes, but is not limited to, a person apparently committing a willful trespass or other
tort upon the premises occupied by the owner of the animal, or tormenting, abusing, or assaulting the
animal, in any location, or has, in the past, been observed or reported to have tormented, abused, or
assaulted an animal or has or was committing or attempting to commit a crime.
(25)"Public nuisance" means and includes, in addition to its statutory and common law definitions, any
material violation of the provisions of this title. It also means and includes any unlawful act of omission or
commission, which without any direct physical contact or interference endangers the lives, safety, health,
comfort or property of the public.
(26) "Quarantine" means the strict confinement, isolation and observation of a domestic dog, cat, or ferret
that has inflicted a bite upon any person and where such bite has broken the skin. A quarantine shall last
for a minimum of 10 days, where required.
(27) "Service animal" means any animal, which is trained or being trained to aid a person who is blind,
hearing impaired, or otherwise disabled, and is used for that purpose. The term does not include a
comfort animal. -,and-is registered-with-a-recognized-service animal-organization.---The-term also-includes
every animal-so defined-byfederal-or-Washington State statutes-or-rules; whether or not the animal-is
registered-.
(28)"Sterilized" means animals rendered permanently incapable of reproducing by surgical alteration,
implantation of a device, or other physical means.
(29)When any provision of this chapter makes liability contingent upon a degree of culpability, the
definition of that degree of culpability shall be the same as defined in RCW 9A.08.010, as it exists now or
as it is amended.
6.05.020 Prohibited activities of animals.
(1)An owner or keeper of any animal shall be strictly liable if he or she permits that animal to:
(1a) Habitually bark, howl, yelp, or make any other noise which disturbs the peace and quiet of any
person to an unreasonable degree within Lewis County. In addition to its ordinary meaning, an animal is
habitually making noise which disturbs the peace and quiet of any person to an unreasonable degree
when the animal makes constant or repeated noise or noises extending for 30 minutes or more between
the hours of 9:00 p.m. and 7:00 a.m.when that noise is audible within a residence belonging to a person
other than the animal's owner or keeper.
(2b) Snap, snarl, growl, bite,jump at or upon or otherwise threaten persons, livestock, domestic animals
or vehicles when such persons, livestock or vehicles are upon the sidewalks, roads or public rights-of-way
or are in any other location other than upon real property belonging to the offending animal's owner or
keeper.
(3c) Destroy or damage any plant or animal or any other property or thing of value or to open a closed
garbage container or scatter the contents therefrom or to deposit excrement or other solid waste on the
property of persons other than the owner of the offending animal.
(4d)Be in the water of a designated swimming area of a public beach, unless the area is posted for use
by animals.
(5e) Be in a park, public beach, pond, fountain or upon any public playground or school grounds and not
under the immediate physical restraint of a competent person by tether or leash of 10 feet or less in
length; provided, that this section shall not apply to any police dogs or service animals; provided further,
that this section shall not apply to animal shows,or-exhibitions, or organized dog training classes-where
approval-issecured-from-the-director-o€-the--Levis-County-department-of pubiio-health an}d-social-services.
(6f) Be a female animal in estrus (heat)while not confined in a building or proper enclosure which
prevents the female animal from coming into contact with a male of the species, or to be a male animal
which strays and gains access to a female animal of the same species which is properly confined while
that female animal is in estrus and subsequently impregnates or attempts to impregnate the female. This
provision does not apply to planned or otherwise authorized breeding.
(72)(a)The animal control authority or any commissioned law enforcement officer or the prosecuting
attorney may cite an owner or keeper upon probable cause that a violation of this section has occurred,
whether or not the violation took place in the citing authority's presence.
(b)Any owner or keeper who is found, by a preponderance of the evidence, to have violated any
portion of this section shall be subject to the civil penalties in LCC 1.20.040.
(c) In addition, any violation of this section shall constitute a public nuisance.
(d) Upon probable cause that a violation of this section is presently occurring, the animal may be
impounded under an administrative warrant issued pursuant to this chapter and held pending
resolution of the matter.
6.05.030 Animals at large.
(1) It shall be unlawful for the owner or keeper of any animal to negligently allow such animal to enter or
trespass onto private property of another without the express permission of the owner or caretaker of said
property; or to allow said animal to run at large onto any public property or the public right of way within
Lewis County.
(a)The animal control authority or any commissioned law enforcement officer or the prosecuting
attorney may cite an owner or keeper upon probable cause that a violation of subsection (1) of this
section has occurred, whether or not the violation took place in the citing authority's presence.
(b)Any owner or keeper who is found, by a preponderance of the evidence, to have violated any
portion of subsection (1) of this section shall be subject to the civil penalties in LCC 1.20.040.
(2) It shall be unlawful for the owner or keeper of an animal to knowingly allow that animal to be at large
under subsection (1) of this section when that animal due to its size, habits, or natural propensities or
instincts represents a potential threat of substantial bodily injury to people or damage to property and is
not under the physical restraint of a competent person; provided, however, this section shall not apply to
police dogs as defined in RCW 4.24.410.
(a)The prosecuting attorney or a fully commissioned law enforcement officer may cite an owner or
keeper upon probable cause that a violation of subsection (2) of this section has occurred. A law
enforcement officer may arrest the violator if the violation took place in the officer's presence or in
the presence of another law enforcement officer. The animal control authority may not cite an
owner or keeper under this subsection (2).
(b)Any owner or keeper who is found, beyond a reasonable doubt, to have violated this subsection
(2) shall be guilty of a misdemeanor, punishable by imprisonment in the county jail for a maximum
term fixed by the court of up to 90 days, or by a fine in an amount fixed by the court of not more
than $1,000 plus statutory assessments, or by both such imprisonment and fine. Further, upon
probable cause that this crime has occurred, the animal may be impounded under an administrative
warrant issued pursuant to this chapter and held pending resolution of the matter. Upon conviction,
the owner or keeper shall be stripped by the court of all ownership interest in the animal and the
animal shall become the property of Lewis County and may be humanely destroyed; provided,
where the animal has been declared dangerous, the animal shall be humanely destroyed and not
held for adoption or sale and shall not become the property of Lewis County. Upon acquittal, the
animal shall be returned to the owner or keeper.
6.05.040 Cruelty to animals.
It shall be unlawful for any person to:
(1) Recklessly cause an animal to experience substantial pain or suffering by(a) killing, (b) injuring, (c)
torturing, or(d)tormenting any such animal. It shall be an affirmative defense that actions taken in
violation of this subsection were otherwise lawful and justified under the circumstances.
(2)With criminal negligence, fail to render aid or attempt to alleviate substantial pain, suffering or injury he
or she proximately caused to any animal.
(3)With criminal negligence, fail to provide adequate daily rations of food, water, air, light, space or
shelter to any animal within his or her care, custody or control.
(4)With criminal negligence, tether, confine or restrain any animal in such a manner as to render said
animal incapable of consuming food or water, or render such animal incapable of accessing shelter, or to
confine or restrain said animal in such a manner that it is forced to lie in its own feces or any other
material detrimental to its health.
(5) Knowingly abandon any animal by dropping off or leaving said animal on the street, road, or highway,
or in a public place or private property not belonging to the owner or keeper of the animal. It shall be an
affirmative defense to a charge under this subsection that the animal was left (a)at the designated animal
shelter during the shelter's regular business hours and (b) in the immediate care of the director of public
heal th--and-social-servvicesPublic Health &Social Services or the director's designee or the Lewis County
sheriff or the sheriff's designee.
(6) Recklessly confine an animal in a parked motor vehicle for more than 15 minutes when the
temperature outdoors is at or above 70 degrees Fahrenheit and when there is no competent person
within the vehicle. It is an affirmative defense that the motor vehicle is a motor home with working and
adequate climate control.
(7)Any owner or keeper who is found, beyond a reasonable doubt, in a criminal proceeding to have
violated any portion of this section shall be guilty of a gross misdemeanor, punishable by imprisonment in
the county jail for a maximum term fixed by the court of up to 364 days, or by a fine in an amount fixed by
the court of not more than $5,000 plus statutory assessment, or by both such imprisonment and fine.
Further, upon probable cause that this crime has occurred, the animal may be impounded under an
administrative warrant issued pursuant to this chapter and held pending resolution of the matter. Upon
conviction, the owner or keeper shall be stripped by the court of all ownership interest in the animal and
the animal shall become the property of Lewis County and may be humanely destroyed; provided, where
the animal has been declared dangerous, the animal shall be humanely destroyed and not held for
adoption or sale and shall not become the property of Lewis County. Upon acquittal, the animal shall be
returned to the owner or keeper.
6.05.050 Potentially dangerous and-dangerous-animals.
(1) Finding.The animal control authority may find and declare an animal potentially dangerous if it has
probable cause to believe that the animal falls within the definition of a potentially dangerous animal
under this chapter.
(2) Notice. The owner or keeper of an animal found and declared to be potentially dangerous shall be
informed of such by the animal control authority within 20 calendar days of such finding and declaration.
The notice shall be in writing. The notice shall be served upon the owner or keeper of the animal by(a)
mailing such notice to the owner's or keeper's last known address by certified mail, (b) personal service,
or(c) if the owner or keeper cannot be reasonably located, by publication once a week for three
consecutive weeks in a newspaper of general circulation within Lewis County, Washington.
(3) Content of Notice. The written notice shall state, at a minimum:
(a)A description of the animal;
(b)The name and address of the owner or keeper, if known;
(c)The location of the animal, if known;
(d)The facts upon which the declaration is based; and
(e)The following notice:
Your animal has been found to be and is declared to be potentially dangerous and due to its size,
habits, or natural propensities or instincts represents a potential threat of substantial bodily injury to
people or damage to property. If your animal again bites, attacks, endangers the safety of humans or
animals, or is at large, your animal may be declared dangerous.This potentially dangerous animal
designation has no legal effect other than to inform you that your animal represents a potential threat of
substantial bodily injury to people or damage to property and action may be taken against you and your
animal in the event that your animal bites, attacks, endangers the safety of humans or animals, or is at
large in the future.
6.05.060 Dangerous animals.
An animal may be declared dangerous if the animal control authority can proves at a hearing by clear and
convincing preponderance of the evidence that the animal meets the definition of a dangerous animal
under this chapter.
6.05.070 Dangerous animal designation hearing - Process.
(1) Initiation of Process. The animal control authority may initiate the designation of a dangerous animal
by giving the owner or keeper of such animal notice that the animal control authority has probable cause
to believe that the animal is dangerous and that a hearing to determine whether the animal is dangerous
will be held.
(2) Notice. Notice of a dangerous animal declaration hearing may be served by(a) personal service on
the animal's owner or keeper or(b) mailing, by certified mail, a copy of the notice to the owner or keeper's
last known address. Notice must be given at least 1014 calendar days prior to the hearing, plus an
additional three calendar days if notice is served by mail. The date of service or deposit in the mail and
the date of the hearing shall not be calculated as one of the 1014 calendar days nor as one of the
additional three days if service is by mail. The hearing must be scheduled no more than 90120 calendar
days from the date of service, unless a continuance is warranted for good cause.
(3) Contents of Notice. The notice must, at a minimum, include the following:
(a)The date, time, and location of the hearing;
(b) Notice that the owner or keeper may be represented by a lawyer at the hearing;
(c) Notice that the owner or keeper is entitled to any report generated by the animal control
authority related to the facts at issue;
(d) Notice that the owner or keeper may call witnesses, including by subpoena, to testify, and that
he or she may cross-examine any witnesses called by the animal control authority;
(e) Notice that failure to appear for the hearing may result in a default judgment against the owner
or keeper; and
(f)-Notice-thattestimony-by--affidavit maybe admissible-onlessa--written objection-is--received-by4he
director-of-public health and-social--services or-the director's designee-at least-five-business-days
prior-to-the-hearing-and;
(fg) Notice that an adverse finding may be appealed in accordance with this chapter.
(4) A quasi-judicial citizens' panel, the Dangerous Animal Decisions Board (DAD Board), shall preside
over a hearing to determine whether an animal meets the definition of a dangerous animal under this
chapter. The panel shall consist of five members appointed by the Board of County Commissioners,
three or more of whom shall constitute a quorum. Its decisions shall be by majority vote of the quorum
present. The members shall be appointed so as to acquire a broad range of local opinion, experience,
and expertise with regard to animals and animal ownership, and shall be free of conflicts of interest. The
DAD Board may adopt rules to help it conduct hearings fairly and efficiently. The director of Public Health
&Social Services public-health and social services shall supply an employee to serve as clerk to the DAD
Board. If no DAD Board is constituted and a hearing is required, or-the director of Public Health &Social
Services's or his or her designee shall hold and preside over a hearing to determine whether an animal is
dangerous, exercising the powers and duties of the DAD Board. This presiding officer designee must not
be the same individual who initiated the dangerous animal proceedings.
(5)_Every-portionof-tThe hearing determining whether an animal is dangerous shall be open to the public
in-a-man h open court-proceedings and shall be held on the record, either by use of a
court certified transcriptionist or by a reliable means of electronic audio recording. Such record shall be
maintained by the director of public-health-and-social-servicesPublic Health & Social Services or the
director's designee per the record retention schedules published periodically by the Washington
Secretary of State, but in no case for less than 20 6 years, and shall be a public record.
(6)The animal control authority may be represented by an employee of the animal control authority or by
the Lewis County prosecuting attorney. The owner or keeper of the animal may represent himself or
herself, or may be represented by an attorney.
(7)The animal control authority and the animal's owner or keeper shall have an opportunity to call
witnesses and present evidence and make argument. The DAD Board presiding--officer-shall have the
power to subpoena witnesses for the hearing at the request of the parties as outlined in this chapter.
Anyone whose person or property was allegedly injured by the animal on the incident(s) giving rise to the
dangerous animal allegations under consideration shall have the right to make a statement to the DAD
Board at the hearing.
(8)The animal control authority shall have the burden to prove by clear-and-convincing-evidence
preponderance that the animal meets the definition of a dangerous animal as defined in this chapter.
(9) Evidence. Evidence, including hearsay evidence, is admissible if in the judgment of the DAD
Boardpresiding-officer it is the kind of evidence on which reasonably prudent persons are accustomed to
rely in the conduct of their affairs. The presidingoffiser-shaWexciude-evidence that-is excludable-on
constitutionat-or-statutory grounds-or-on the-basis-of-evidentiary privilege recognized-in-the-courts-of-this
state-The presiding-efficerDAD Board may exclude evidence that is irrelevant;immaterial, unduly
repetitious, unfairly prejudicial when considering its probative value, or a waste of time.--he-presiding
offieer-si-iali-refer-to-the-Washingten--Rules-af-E-viderrse-as-guidelines-for evidentiary-wl+ngs, but shall-not
be-bound-by-those-rules;-unless otherwise-required-by-law: Documentary evidence considered by the
DAD Board may be identified aloud and marked as considered in lieu of being read in full into the record.
All testimony of parties and witnesses shall be made under oath or affirmation.-, and the clerk of the DAD
Board shall be empowered to administer such oath. Testimony-by-affidavit-shat4-be-admissible-unless
objected to;in-writing-at least five business-days-prior to-the-hearing. Testimony about the animal's
previous behavior, not occurring on the incident(s) giving rise to the dangerous animal allegations under
consideration, shall not be admissible.
The DAD Board may consider the evidence in light of its common sense and experience, and presiding
officer-may take notice of facts of common knowledge which are generally known and capable of
accurate and ready determination and are not reasonably in dispute.The DAD Board must announce that
it is taking sSuch notice must-be-requested,-on the record and give,-by the parties the opportunity to be
heard on the matterbefore the-presiding-officer--can-take-such-notice.
The presiding-officer--DAD Board shall have broad discretion to control the presentation of evidence and
the procedure of the hearing in order to ensure a speedy, just and orderly hearing and determination.
(10) Failure of the owner or keeper of the animal to appear at the hearing shall result in a default
judgment in favor of the animal control authority and shall result in the animal being declared dangerous
without further inquiry. Upon such a failure to appear, the presiding-efficerDAD Board may, in its his-or
her-discretion and for good cause delineated in a written order, continue the hearing not more than one
time in lieu of entering a default judgment; provided, that such continuance does not extend the date of
the hearing beyond 901-20 days from the date of service unless the animal control authority agrees to the
continuance.
(11) Upon the-At or after the conclusion of the hearing, the presiding-officer-DAD Board members may
caucus privately regarding the decision. Thereafter, the DAD board shall announce its decisionshall enter
a written order;finding that the animal either is-meets or does not meet the definition of or--is not-a
dangerous animal under this chapter, or shall announce why it could not yet reach a decision and shall
set a date certain within the next 30 days for a subsequent meeting of the DAD Board at which it will
render a decision. In the event of a tie vote by the DAD Board, the Director of Public Health and Social
Services shall review the record and case a vote. The clerk of the DAD Board shall reduce the decision,
once made, to a written order,The-order must-which may be supported by a written statement of the basis
for the decision. PROVIDED, the DAD Board's decision shall not consist of conditions under which it will
not find an animal to be a dangerous animal, or under which it will merely find the animal to be potentially
dangerous.findings-of-fact-and conclusions of law. The-presiding-officer-may-either-issue the order
immediately or-after taking the matter-under advisement;but-in no case can-the-ruling-be-deferred-for
reore-than-30-calendar-days after the-conclusion of the hearing, except by stipulation-of-the-parties-or-for
good-pause.
(12) The written order must be served on both parties either(a) personally or(b) by certified mail to the
party's last known address. The order shall be effective upon service notwithstanding any appeal, unless
staved pursuant to LCC 6.05.150. If neither appealed nor stayed, the order shall be final 10 calendar
days following service. Once final, the order may not thereafter be collaterally attacked in a civil
proceeding under LCC 6.05.080(4), a criminal proceeding under LCC 6.05.090(2), or an impound hearing
under 6.05.105.
6.05.080 Effect of designation - Civil penalty.
(1)The owner or keeper of an animal which has been declared dangerous pursuant to this chapter or was
declared dangerous in another jurisdiction with a substantially similar designation shall, within five
business days of the designation in Lewis County or within five business days of moving into Lewis
County from another jurisdiction, do one of the following:
(a) Yearly obtain a certificate of compliance from the director of public-health and-social
servicesPublic Health & Social Services or the director's designee, certifying compliance with the
dangerous animal designation requirements;
(b) Provide proof to the director of public-health-and social--servicesPublic Health &Social Services
or the director's designee that the owner or keeper has humanely destroyed the animal; or
(c) Provide proof to the director of public health-arid-social servicesPublic Health & Social Services
or the director's designee that the owner or keeper has permanently removed the animal from
Lewis County and has identified the animal in compliance with this section.
(2) Certificate of Compliance. The director of publiehealth-and-social-servicesPublic Health & Social
Services or the director's designee shall issue a certificate of compliance certifying compliance with the
dangerous animal designation requirements under this chapter, upon proof that the owner or keeper of a
dangerous animal has:
(a) Paid the yearly registration fee in an amount as published in the fee schedule published
pursuant to LCC Title 18;
(b)Available Arranged for a proper enclosure for the animal;
(c) Provided the director of public-health and social servicesPublic Health & Social Services or the
director's designee an affidavit stating that the animal will be maintained in the proper enclosure;
(d) Posted clearly visible warning signs at all points of ingress and egress to the property that there
is a dangerous animal on the property, including imagery that informs children of the presence of a
dangerous animal;
(e) Identified the animal in compliance with this section;
(f) Provided the director of public health and social-servicesPublic Health & Social Services or the
director's designee with veterinary records indicating that the animal is current on all vaccinations
against diseases potentially harmful to humans or animals, unless a licensed, practicing
veterinarian provides an affidavit indicating that specified vaccines are not reasonably available or
not USDA licensed for the particular species; and
(g) Obtained Ca current bond or insurance which extends for a period of not less than the duration
of the certificate of compliance, and which covers injury or damage caused by the dangerous
animal, whether on or off the owner or keeper's real property, in an amount not less than $500,000.
The insurance may be in the form of a surety bond issued by a surety insurer qualified under
Chapter 48.28 RCW or in the form of a liability insurance policy issued by an insurer qualified under
RCW Title 48.
(3) Identification. The owner or keeper of an animal which has been declared dangerous pursuant to this
chapter or was declared dangerous in another jurisdiction with a substantially similar designation shall,
within five business days of the designation in Lewis County or within five days of moving into Lewis
County from another jurisdiction, cause the dangerous animal to be permanently identified
microchipand-identifiable-by-tattoo-en-the animal-in substantially-the following-form-with-numbers
ascending-from 0001: "LCDD000- The-director-of--public health and-social-services-shall assign the
number-for the animal-in-ascending-order-as animals are-designated-dangerous and-shall-keep a
permanent record associating-the dangerous animal-with-the-specific certificate of compliance. The
director of pPublic hHealth and&sSocial sServices may, but is not required to, provide for alternative
methods of identification if appropriate and upon request of the owner or keeper.
(4) Penalty. Any owner or keeper who is found, by a preponderance of the evidence, to have violated any
portion of this subsection shall be subject to the civil penalties in LCC 1.20.040. A collateral attack on the
underlying dangerous animal provision shall not be permitted during an enforcement action under this
subsection: the issue shall be limited to whether this section was violated.
(5) Impoundment. Upon probable cause that a violation of this section has occurred, the animal may be
impounded under an administrative warrant issued pursuant to this chapter and held pending resolution
of the-matter an impound hearing under LCC 6.05.105, regardless of whether the violator is cited for any
civil or criminal violation under this chapter. Additionall g tolatien tk& + er=or-keeper
3 4 2--:i.-- -.4--•�._- .; '_, _:-:-ni kshall--be-retuned==t®=tfie owr er per +t-tke €►gar s
animal=designation4Rall=fefflail
6.05.090 Effect of designation -Criminal penalty.
(1) It shall be unlawful for the owner or keeper of a dangerous animal to permit by criminal negligence the
animal to:
(a) Be outside of the proper enclosure unless the animal is (a) muzzled in such a manner as to
prevent the animal from biting any person or property and (b) restrained by a sufficient leash not
more than six feet in length, and (c) under the immediate control of a competent person; or
(b)Cause any degree of damage to (a) a person, (b) an animal not owned by the owner or keeper,
whether domestic, feral, or wild, (c) personal property not owned by the owner or keeper, or(d) real
property not owned by the owner or keeper.
(2)Any owner or keeper who is found, beyond a reasonable doubt, to have violated any portion of this
section shall be guilty of a gross misdemeanor, punishable by imprisonment in the county jail for a
maximum term fixed by the court of up to 364 days, or by a fine in an amount fixed by the court of not
more than $5,000 plus statutory assessments, or by both such imprisonment and fine.-Additionally,-upon
conviction the-owner or-keeper-shall-be-stripped-by-the-court-of-all-ownership-interest in the-animal--and
floe animal shall be-humanely destroyed-Upon-ac lttal;fhe-animal-shall-be-returned-to--the-owner or
keeper;but-the-dangerouc animal-designation-shall-remain. A collateral attack on the underlying
dangerous animal provision shall not be permitted during an enforcement action under this subsection:
the issue shall be limited to whether this section was violated.
(3) Impoundment. Upon probable cause that this the crime in this section has occurred, the animal may
be impounded under an administrative warrant issued pursuant to this chapter and held pending
resolution-of-the-matter an impound hearing under LCC 6.05.105, regardless of whether the violator is
cited for any civil or criminal violation under this chapter.
6.05.095 Voluntary Surrender of Dangerous Animal.
If the owner or keeper of an animal declared dangerous under LCC 6.05.070 cannot or chooses not to
meet the civil or criminal requirements of keeping the animal, the owner or keeper may surrender the
animal to the animal control authority and pay the fee for turn-in and humane destruction of an animal.
6.05.100 Administrative impoundment warrant.-Impou-ndingdangerous-animal.
(1)A judge of a superior court or a judge of the Lewis County district court, upon proper oath or
affirmation showing probable cause, may issue an administrative warrant for the purpose of entering and
inspecting real or personal property to effectuate the seizure and impoundment of an animal kept or
acquired in violation of this chapter. For purposes of the issuance of administrative warrants, probable
cause exists upon a showing under oath or affirmation that the owner or keeper of an animal is in civil or
criminal violation of this chapter.
(2)A warrant shall issue only upon application by sworn affidavit of(1)the prosecuting attorney or his or
her deputy or(2) a fully commissioned law enforcement officer or (3)an officer with a limited law
enforcement commission specifically including animal violation enforcement. The affiant must haveing
knowledge of the facts alleged; and establishing the grounds for issuing the warrant. If the judge is
satisfied that grounds for the application exist or that there is probable cause to believe they exist, he or
she shall issue a warrant identifying the area, premises, building, or conveyance to be inspected, the
purpose of the inspection, and a description of the animal to be seized and impounded. The warrant shall:
(a) State the grounds for its issuance and the name of each person whose affidavit has been taken
in support thereof;
(b) Be directed to any peace officer in Lewis County, Washington, to execute it;
(c) Command the person to whom it is directed to enter the area, premises, building, or conveyance
identified for the purpose of seizing and impounding the animal;
(d) Identify the animal to be seized and impounded; and
(e) Direct that it be served and designate the judge to whom the warrant shall be returned.
(3)A warrant issued pursuant to this section must be executed and returned within 10 calendar days of its
issue date unless, upon a showing of a need for additional time, the court orders otherwise. If the animal
is impounded pursuant to a warrant, a copy shall be given to the person from whom or from whose
premises the animal is taken, together with a receipt for the animal taken. The return of the warrant shall
be made promptly, accompanied by a written inventory of any animal taken. The inventory shall be made
in the presence of the person executing the warrant and of the person from whose possession or
premises the property was taken, if present, or in the presence of at least one credible person other than
the person executing the warrant. A copy of the inventory shall be delivered to the person from whom or
from whose premises the animal was taken and to the applicant for the warrant.
(4)The judge who has issued a warrant shall attach thereto a copy of the return and all papers returnable
in connection therewith and file them with the clerk of the court.
(5) Notwithstanding any other provision in this chapter, the availability of an administrative warrant shall
not be construed to limit the ability of a court of competent jurisdiction to issue a warrant or other order
which would otherwise ordinarily be available.
(6) If an animal is impounded pursuant to a warrant issued under this section for an alleged violation of
the civil or criminal dangerous animal requirements in LCC 6.05.080 and -090, the animal shall be held
pending the opportunity for an impound hearing under LCC 6.05.105. If an animal is impounded pursuant
to a warrant issued under this section for some other reason, the provisions of LCC 6.05.110 shall instead
apply.
6.05.105 Impound hearing following dangerous animal seizure by administrative warrant.
(1) Right to impound hearing. Whenever an animal is impounded pursuant to an administrative warrant
predicated on a civil or criminal violation of the dangerous dog requirements in sections 6.05.080 and
6.05.090, the following people have a right to a hearing under this section: (a) the person from whom or
from whose premises the animal is taken, and (b)the owner or keeper of the animal at the time of
impoundment if different from the person specified in (a).
(2) Notice of hearing. The person executing the administrative warrant or the animal control authority
shall give written notice to the appropriate party or parties at the time of the warrant's execution or within
five business days thereafter, either by personal service or by certified mail to the party's last known
address. Failure to provide timely notice shall not be grounds to invalidate the animal's impoundment, but
shall require that the animal be kept at the animal control authority's expense for any period prior to
service of proper notice.
(3) Request for hearing. Within ten calendar days of service of the notice identified in subsection (2), a
party with a right to a hearing may request one in writing from the Lewis County District Court, which has
jurisdiction pursuant to RCW 3.66.020(2), RCW 3.66.020(11), and this provision. In the rare event that
the impounded animal's market value exceeds the District Court's jurisdiction, the District Court shall
transfer the case to the Lewis County Superior Court. Failure to request a hearing within the time limit
herein shall result in the dog being humanely destroyed, and shall result in the owner or keeper owing a
civil obligation to the animal shelter equal to the fee for turn-in and humane destruction of an animal, plus
the daily fee for holding an animal in quarantine per each day the animal was so held.
S4)Time for hearing. The impound hearing shall occur within 10 calendar days of receipt of the request,
and shall be continued only on good cause relating to proof on the merits, not merely for convenience.
Failure to hold the hearing within the allotted time shall not be grounds to invalidate the impoundment.
(5) Hearing. The impound hearing shall be a commonsense hearing before a judicial officer, on the
record and open to the public, in the manner of a small claims trial. The Court shall decide whether(1)
there was a violation of LCC 6.05.080 or .090, as the case may be; and (2)whether the administrative
warrant was lawfully issued and served. The impounding authority must prove both by preponderance. A
collateral attack on the underlying dangerous animal provision shall not be permitted.
(6) Effect of decision. If the Court finds the violation and upholds the warrant's issuance and service,
Addi4iefiall , e ifa f- ela tr_the_.party requesting the hearing, and the animal's owner_or
keepetif different therefrom, shall be stripped by he court of all ownership interest in the animal and the
animal shall be humanely destroyed as provided in subsection (7). Moreover, the party requesting the
hearing or the animal's owner or keeper if different therefrom shall be assessed a civil obligation payable
to the animal shelter equal to the fee for turn-in and humane destruction of an animal, plus the daily fee
for holding an animal in quarantine per each day the animal was so held. If the Court does not find the
violation or does not uphold the warrant's issuance or service,and.theanimal-s ial;l be-1 a
destroy- ed. If no--yiel�a ion is found, the animal shall be_returned to the party requesting the hearing or the
animal's owner or_keeper, as appropriate,but the dan.serous_an n1.aldesignationshall remain..
(7) Humane destruction of animal. An animal subject to this subsection shall be humanely destroyed
within 10 business days of the Court's decision, except as follows:
(a) Material criminal evidence. If the animal is material evidence in a criminal charge under LCC
6.05.090(2), and documentation of the animal's physical characteristics or other features will not
suffice to preserve the animal's evidentiary_value, the Court may at the impound hearing order
that the animal be boarded by the animal shelter pending the outcome of the criminal case. The
boarding shall be at the expense of the party seeking to offer the animal as evidence. A bond or
other prepayment may be required for the costs of boarding.
(b) Commutation. Upon motion by any person or entity at the impound hearing, the Court may
hear evidence that the animal, notwithstanding its dangerousness, can be safely kept by that
person or entity at private expense under conditions that will prevent any harm to the public. The
parties shall have an opportunity to respond to and/or rebut such evidence. If, by clear and
convincing evidence, the person or entity demonstrates such training and facilities as are
necessary to eliminate the animal's risk to the public or other domestic animals, the Court may
order that the animal not be humanely destroyed and instead award custody of the animal to the
person or entity. In making such an order, the Court shall require that the person or entity pay the
animal control authority's and animal shelter's expenses in impounding and boarding the animal
before taking custody; if such payment is not made within 10 business days of when the amount
is communicated to the party or entity seeking custody, the animal shall be humanely destroyed.
(8) No party shall have any appeal from a Court decision under subsections (6)or(7).
6.05,110 Impoundment and disposition of animals held by Lewis County other than by
administrative warrant for a dangerous dog violation.
(1)This section does not apply to the impoundment of an animal via administrative warrant predicated on
a violation of the dangerous dog requirements of 6.05.080 or 6.05.090. Otherwise, and Nnotwithstanding
any other provision in this chapter, an animal may be impounded by:
(a)The animal control authority or any commissioned law enforcement officer if:
(i)The animal control authority or law enforcement officer is acting at the direction of a valid
warrant or other court order;
(ii)The animal is on public property and there is probable cause to believe that the animal is in
or is presently being kept in violation of any law or is at large or the animal to be impounded is
on public property and the animal is clearly abandoned; or
(iii)The animal is on real property and there is probable cause to believe that the animal is in
or is presently being kept in violation of any law and the animal control authority or law
enforcement officer has the express,written permission of the property owner to enter the
property and seize the animal.
(b)Any person if the animal is at large and is:
(i) On the person's own property;
(ii) On public property and the animal is threatening any person or property or animal; or
(iii) Being pursued by the animal control authority or law enforcement officer and the animal
control authority or law enforcement officer requests assistance.
(2)(a) Nothing in this section is to be construed as allowing anyone other than a fully commissioned law
enforcement officer to forcibly seize an animal from the immediate presence of any other person claiming
or apparently asserting by word or action an interest in the animal.
(b)Any time an animal is impounded, the animal must be delivered to the director of public-health
and-social-seFVicesPublic Health &Social Services or the director's designee or the Lewis County
sheriff or the sheriff's deputy within 24 hours.The Lewis County sheriff and the director of public
health-and-social-servioesPublic Health & Social Services may designate, together or separately,
where or to whom animals are to be delivered for impoundment. If the location is other than the
designated animal shelter, the animal must then be delivered to the animal shelter within one
business day by the designated person receiving the animal.
(3)Once an animal has been impounded at the animal shelter, the director of public-health and-social
&ec icesPublic Health&Social Services or the director's designee shall take reasonable steps to
ascertain the contact information of the animal's owner or keeper and notify the owner or keeper within 48
hours of receipt of the animal that the animal has been so impounded and that the animal may be
redeemed from the animal shelter if redemption is authorized under the circumstances. Notice may be
given to the owner or keeper by any means reasonably calculated to give the owner or keeper actual
notice.
(4)(a)Any animal impounded or held by the animal shelter must be held for the owner or keeper for a
period of at least three business days during which the animal shelter is open for regular business. During
this holding period, the animal's owner or keeper may redeem the animal, where redemption is
authorized, by claiming the animal and paying Lewis County for all costs actually incurred by Lewis
County in the impoundment and holding process, in an amount set in the schedule of fees published in or
pursuant to LCC Title 18 effective on the date of impoundment, plus veterinary costs which may be
greater and shall be determined by reference to billing receipts from the veterinary clinic providing
services, and plus the actual costs of transportation of the animal. In the event that the animal is not
redeemed by the owner or keeper, the animal may be humanely destroyed at the expiration of the three
business days, or at the discretion of the director of public-health and-social servicesPublic Health &
Social Services or the director's designee for good cause the animal may be held on behalf of the owner
for longer than three business days.
(b) Subsection (4)(a) of this section does not apply when an animal has been seized and
impounded pursuant to a criminal, civil, or administrative warrant issued by a court of competent
jurisdiction. In such cases, the animal must be held pursuant to the warrant and in compliance with
all applicable law.
(5) Notwithstanding any other provision of this section, an animal held by the animal shelter under
subsection (4)of this section may be humanely destroyed at the discretion of the director of public-health
and social-servicesPublic Health & Social Services or the director's designee if the animal poses a health
or safety risk to people or property at the animal shelter or the animal is suffering from a condition likely to
result in death or the need for immediate veterinary care likely to exceed $100.00 in costs. If the animal is
to be humanely destroyed under this provision and the identity and contact information of the owner or
keeper of the animal is known or reasonably ascertainable, there must be a reasonable attempt to notify
the owner or keeper of the animal of the intent to destroy the animal, and the owner or keeper must be
given the opportunity to claim the animal within eight business hours, unless providing such opportunity
would constitute animal cruelty under any applicable law, in which case the applicable facts must be
documented and the humane destruction may take place immediately and without notice. This provision
does not apply to animals being held pursuant to any warrant or as evidence in a criminal case.
(6)Adoption and Sale.
(a) In lieu of humanely destroying an animal as authorized under this chapter, the director of public
health and social servicesPublic Health & Social Services or the director's designee may declare
the animal to be property of Lewis County and offer the animal for adoption, or in the case of
livestock either offered for adoption or sold at public auction with the proceeds from any such
auction deposited in Lewis County's general fund; provided, that no live animal shall be adopted out
or otherwise transferred for the purpose of experimentation; and provided further, that an animal
declared dangerous must be humanely destroyed and may not become the property of Lewis
County or sold or adopted out to a third party.
(b) In the event that Lewis County becomes the owner of an animal by a means not otherwise
specified in this chapter, the animal may be held for adoption, and in the case of livestock sold at
public auction or held for adoption; provided, that a dangerous animal may not be held for adoption
or sale and must be humanely destroyed within one business day. Alternatively, the animal may be
humanely destroyed at the discretion of the director of public-health and social servicesPublic
Health & Social Services or the director's designee; provided, that doing so would not violate any
law, order, or code provision.
(c) In the event that a dog or cat is to be held for adoption, the animal must be sterilized prior to
adoption.
(d) In the event that an animal is to be held for adoption, Lewis County may charge an adoption fee
in an amount to be set in the schedule of fees published pursuant to LCC Title 18, as adopted by
the Lewis County board of county commissioners.
(e) Proceeds from any sale of livestock must be placed in Lewis County's general fund.
(7) No animal being held by Lewis County which is the subject or res of any court action may be
destroyed or held for adoption or sold except by court order, or as otherwise authorized by law. All such
animals must be held and maintained in the animal shelter and provided veterinary care, as needed.
6.05.120 Subpoenas.
(1)The DAD Board, through its clerk, director-of-public-health and sooial-services--er-the-director's
designee-is authorized to issue subpoenas for witnesses related to dangerous animal hearings. Such
subpoenas shall be valid for the named witness when the named witness is served within the
unincorporated areas of Lewis County. Witness fees shall be paid by the party requesting the subpoena
in an amount consistent with witness fees assessed in civil matters in the Lewis County district court;
provided, that no party to the action may collect a witness fee.
(2) Every subpoena shall identify the party requesting issuance of the subpoena and shall state the name
of the DAD Board director-of-public-health-and social services-or-the-director's designee and the title of
the proceeding and shall command the person to whom it is directed to attend and give testimony or
produce designated books, documents, or things under his or her control.
(a) A subpoena to a person to provide testimony at a hearing shall specify the time and place set
for hearing.
(b)A subpoena duces tecum requesting a person to produce designated books, documents, or
things under his or her control shall specify a time and place for producing the books, documents,
or things. That time and place may be the time and place set for hearing, or another reasonably
convenient time and place in advance of the hearing.
(3)A subpoena may be served by any suitable person over 18 years of age who is not a party to the
action, by exhibiting and reading it to the witness, or by giving him or her a copy thereof, or by leaving
such copy at the place of his or her abode. When service is made by any other person than an officer
authorized to serve process, proof of service shall be made by affidavit or declaration under penalty of
perjury.
(4)The presiding o#icerDAD Board, upon motion made promptly and in any event at or before the time
specified in the subpoena for compliance therewith, may(a) quash or modify the subpoena if it is
unreasonable and oppressive or(b)condition denial of the motion upon the advancement by the person
in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers,
documents, or tangible things.
(5) If a witness under subpoena fails or refuses to attend the hearing, provide testimony, or produce the
items as commanded, the DAD Board may request that the witness may be cited for an infraction of
failing to obey the subpoena. by the-presiding officer. Upon receipt of such a request, the director of
Public Health & Social Services or his or her designee shall cite the witness or shall give written
explanation for the decision not to cite to the DAD Board. If that-the witness is cited and found, by a
preponderance of the evidence, to have violated a subpoena under this section, he or she shall be
subject to the civil penalties in LCC 1.20.040.
6.05.140 No effect on civil liability.
Nothing in this chapter is intended to affect the rights or liabilities of any party to a civil action other than
the civil actions expressly created by this chapter.
6.05.145 Repeat infractions criminalized.
Any person who commits an act prohibited by this chapter, the penalties for which this chapter specifies as
being the civil penalties in LCC 1.20.040, for a fifth or subsequent time within a 10-year period is guilty of a
misdemeanor as defined in LCC 1.20.020. The 10-year period shall be measured from the date of the first
of the five or more alleged offenses to the date of the current offense, regardless of the date(s)of conviction.
A committed finding on a prior infraction for any of the prior violations shall be sufficient to show that prior
violation and notice to the accused, but shall not be necessary for proof of the misdemeanor. It shall suffice
if it is proven beyond a reasonable doubt within the misdemeanor prosecution that (a) each prior violation
occurred; (b) the accused was lawfully served with written notice of each prior violation before the fifth or
subsequent violation; and (c) the fifth or subsequent violation occurred.
6.05.150 Stay or Aappeal of dangerous animal designation.
(1) Stay. An order under LCC 6.05.070(10) or(11) shall be effective upon service notwithstanding any
appeal pursuant to section (2) unless stayed pursuant to this section. Any aggrieved person or party
may file a motion for stay with an appeal under section (2), which motion shall be decided by the hearing
examiner as soon as reasonably practicable during such appeal. The motion for stay shall itself stay the
order declaring the animal dangerous until decided by the hearings examiner, after which the hearings
examiner's decision shall control.
(2)Appeal. Upon payment of a filing fee specified in Public Health &Social Services'fee schedule, any
aggrieved person or party may appeal an order under LCC 6.05.070(10)or(11)to the hearing examiner
pursuant to LCC 2.25.130. The review of the issues shall be de novo; new evidence may be presented in
writing, but no new oral testimony may be taken. The hearing examiner's decision may be appealed
pursuant to Chapter 2.25 LCC.
(3) If neither appealed nor stayed, an order under LCC 6.05.070 declaring an animal dangerous shall be
final 10 calendar days following service.(-1)-F-ollowing-a-hearing-in-which-an-animal-loss-been-declared
dangerous n-owner or-keeper may appeal decision-to-the-hearing-e finer rsuant to
LGC42543Q
(2)The-review shall--be-a--review of the record-and-shall be limited-to-a-review for sufficiency-of-the
evidence-and-errors of law.
(3)--The-hearing-examiner-decision-can-be-appealed pursuant to Chapter 2 -L mi-1260- 29441
6.05455-Jud+eial-removal-af-dangerous,animal designation-
(4)-Any-person-claiming-an-interest-in-an-animal-which-has-been designated-as-a-dangerous-animal
pursuant-oo-the--prova signs-of-this-Chapter-mayfile-an-action-in-the-Dieu act-Court-of a-shingto^f,,or Lewis
County-seeking-an-order-rescinding-that-designation,
(a) The District-Court-is-requested-to-hear-any action-brought-pursuant-to-this-Section-on-an
expedited-basis:
(b-)-Suck-an-action-may not-be--brought-prior-to-the-expiration-af-t e-period in--which-to-bringan
appeal-pursuant to Sections-6 05-.450--of-this-Code. Failure to-bring-such-an-appeal-shall-not-bar
any-person frorn-instituting-a-proceeding pursuant-to-this-Section-6,55465:
(c) Lewis--County-shall-beamed as tth -Defendant-in-such an-action. Any person-whom-the
Plaintiff knows-to-claim-an-interest-in-the-animal-also shall-be-named-as a-Defendant-
ys-of-service-of the Complaint upon Lowis County,it-shall-mail-a--copy
thereo#-to-any-person-whom-lt-believes may claim;or-may-have-claimed.,-_or may-wish-to
a u - - - _ e e e service-with-the
Court:
• • e• -•••••: - • =rest in the-animaln-the
meritsjoin-as-a-party Defendant-by ng-a-notice-of-appearanoe-and-serving copies-thereof-upon
each-of the-other{parties-to the-proceeding. Such-person then shall-file a proof-of service-with the
Court
(e)Lewis-County--shall-not-destroy--the-animal,-or-cause-the--animal-to bedestroyed-during..the
pendency-of-the--proceeding;-unless-its-destruction is-required-or-reasons-unrelated-to-its
allegedly-dangerous-propensities
(2)-the-Court-shall-determine-whether-thean- in-question-is--a dangerous animal,as...defined-i ...sub-
seetions.&O5�O10(9)-and.{i0)--of-this-Code.
(a)-The-Court-shall-make its-determination-after-consideration-of-all-testimonial-and documentary
evidence adrnissibleunder-the-standard set-out-in-RCW-34:05,452-
(by--The-Court shall-not be-1-imited-to consideration-of-evidence-presented at-the-hearing-referrecl
is--in-Section-6:05:070-of-this-Code.-The Court-may-consider-evidence-which was-unavailable,-or
which-was-not-made-available, to-the--hearing-officer-at-the-time-of-the-dangerous-animal
designation-hearing-ref erred to in LCD 6:05.0-7 -the-Court may-consider--evidence which--only
became-available subsequent to the-hearing including-but-not-lirnitedto-evidence-of--the-present
behavior;character,-and-disposition-of-theanimal
(3)-Fol lowing-its-hearing-the-Court-shall rule-as-to-whether-the-animal-is-or-+s-nota-dangerous-animal-at
the-present-time_
(a)--lf-the Court-rules-that-the-animal-is not-a-dangerous-animal then-t-he-Court-shall-issue an
order-rescinding-Lewis-County's-designation-of-itas-a-dangerous-animal--A copy of that-order
shall-be-transmitted-by-the- lerk of the D-istrict-Court-to-the-Gounty's Director of-Health-and-Social
Services,-who shall-supplement-the-County's-records-accordingly.
(4) tf-#fie-Court-finds-that-the-animal--is-not-a dangerous-animal,then-the-Court-shall-order-the County not
to destroy-it
(5)-f-the--court finds-the animal-is-not-a dangerous-animal;then-the-Court-shall-order
-- —(a)--that-the-animal-
(0-be the-property-of-the-Plaintiff,and
00-be-placed-by-Lewis-County-into the-care-and custody of-the Plaintiff:
(-b)-If-more-than-one-party(whether-a-party--plaintiff-or-a--partydefendantYclaims-an-interest-in-the
animal,-then-the--Court-shall adjudicate upon-such-claims-and-determine which-party shall be
awarded ownership of the-animal The Court may-make such-determination-ex-aequo et bona.
(6) If-the-Court rules-that-the-animal-i s-a-dangerous-a nimal,-then-the-Coortshall-order-that-it-be-humanely
destroyed-by-Lewis-County. In-that-event-the animal shall-be-humanely-destroyed-no later than-the
second-business-days followingthe-datecf-service-of-the-Court's-Order-upon-the-County.
{-7}-Ire-the,adternative-to-theorder-required-by-subsection-()—of-this section.-
(a)--The-court-may-rule that-the-animal currentlyarbors..a potential to do-harm-to people-or-to
domestic-animals;-but-can--be-released-safely-to-a party-to-the action—The-court-then-shall-or-der-the
animal to be released-to--that--party;
(-b}-he-court-may rule that the-animal-currently_is-likely.to-cause-harm-to-people or-domestic
animals,but-can-be-released-safely-to-a party to the action.—The—court—then—shall-order-the animal-to
be released-to that-party;
(c}-The court-may-rule that-the-animal currently-harbors a-potential-to-do harm-to people-or to
domestic-animals but-can-be-housed-and-n intained-safely;-under specified-conditions—In such
event-the-judge may-release-the animal-to-a party-to the--action,subject-to-proof-of-compliance with
such-conditions-asthe-court-may-deem-appropriate; or
(d)-The-court may rule that-the animal currently is likely-to cause-harm to-people or-domestic
animals;-but-can-be-housed-and-maintained-safely,under specified-conditions:--In-such event-the
judge-may-release the-animal-to-a party-to-the action,-subject to proof-of compliance with--such
conditions as-the-court-may-deem--appropriate_
(-8)-6n any action-pursuant-to-this-section--each party-shall-bear-its-own-costs disbursements;-and-attorney
fees:
(9)This-sectionshall-apply-retrospectively-to..all animals-which have-been-designated as dangerous
animal-san which are n-thepos-session-of Lewis-County's animal-shelter-on-the date of its-enactment
(-4-4)-If-any-provision of this-section-is Of-C-comes-to-be in-direct-conflictwith-any.constitutional-or-statutory
provision-of-the--state-ofWashington-or-of the UnitedStates;thot-prevision-shall-be-deemed-inoperative
and null-and void--insofar-as it may-conflict,--and-shall, if possible,-be deemed modified to-conform-to-such
constitutional-or-statutory-provision-
6.05.155 Rescinding dangerous animal designation.
The owner or keeper of an animal that has been declared dangerous but, based on old age and condition,
no longer poses any danger to persons or property may submit a written request to the animal control
authority asking that the dangerous animal designation be rescinded. The written request must include an
opinion from a licensed veterinarian substantiating the animal's age and condition. Upon receipt of the
request and a fee equivalent to that of an annual registration for a dangerous animal, the animal control
authority will refer the request to the DAD Board for review. The animal control authority may view the
animal and provide a report to the DAD Board. The DAD Board may rescind the designation if it meets the
standard set forth in this provision.
6.05.160 Restitution.
Upon conviction for any criminal law violation of this chapter, the defendant shall be liable to Lewis
County for all costs actually incurred in the investigation and prosecution of the case. The costs shall
include the costs of investigating the violation including the hourly rate of pay for Lewis County staff
involved in the investigation process, transportation and housing and veterinary costs for any animals
related to the matter or held by Lewis County, and any other incidental costs of investigation or
prosecution, excluding attorney fees. The court shall impose all such costs as restitution.
6.05.170 Scope.
The provisions of this chapter shall be effective in and throughout the unincorporated areas of Lewis
County, Washington.
6.05.180 Severability.
Should any section, paragraph, sentence, clause or phrase of this chapter, or its application to any
person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any
portion of this chapter be preempted by state or federal law or regulation, such decision or preemption
shall not affect the validity of the remaining portions of this chapter or its application to other persons or
circumstances.
Section 2. Section 2.25.130 of the Lewis County Code is reenacted and amended as
follows (additions are underlined; deletions are struck through):
2.25.130 Appeals with the examiner.
Administrative appeals over which the examiner has jurisdiction, unless otherwise specifically provided for
by county code section, shall be subject to the following procedural requirements:
(1) (a)Appeals shall be addressed to the hearing examiner, shall be filed within 10 calendar days of the
date of the action being appealed, and shall be accompanied by a filing fee of$100.00 unless a different
fee is otherwise specified for such appeal in the annual schedule of fees, in which case the latter shall
control. To appeal an action taken by a department of the Board of County Commissioners, the appeal
shall be filed with the director of the department. To appeal an action taken by the Board of Health or its
subordinate, the appeal shall be filed with the Director of the Department of Public Health & Social
Services. but shall-be +led-in--writing-with-#he-director of e-department-fer-board-decisions and-with the
co-administrator-te-the board-of health-fer-board-of health-decisions at-350-N—Market Blvd., Chehalis-,--WA
98532,--withina-0-calendar-days-of-the-dtate-ef-the action,-and shal-be--accompanied by-wiling€ee-in-the
amount-of$100.000 provided that aA land use decision appeal and a board of health appeal may be
consolidated by an examiner, on its own motion or motion of a party, on any appeal involving the same
subject property or matter, or case or controversy, with such appeal singularly being heard before the
examiner. ;and--fucher-provided that tThe filing fee shall not be charged to any department or official of
the county nor to other than the first-in-time petitioner. _and-iln the event that an appeal or said party to
an appeal is dismissed for procedural defect prior to submission of the matter to the examiner, such as
but not limited to untimely filing, lack of standing or other facial defect, such filing fee shall be refunded
and the next-in-time filing party, where applicable, shall be assessed the filing fee. The failure of the
appropriate next-in-time party to pay the filing fee within 10 calendar days of notice, as stated in
subsection (1)(b) of this section, shall result in waiver of appellate rights by that party, as stated in
subsection (2)of this section, and each nonpaying, next-in-time party in succession thereafter from the
appeal.
(b)At the time of filing the appeal, a petitioner may request a waiver of the filing fee at-the-tirre-of
filing-of the appeal, as-based upon economic hardship. The permittee must provide sufficient
written evidence to support a claim of economic hardship in conjunction with such request for a fee
waiver. The factors with the examiner may consider as to whether a petitioner faces economic
hardship include, but are not limited to, financial or personal distress of the permittee. A written
decision granting or denying fee waiver shall be mailed by the examiner to petitioner(and in
conjunction with the mailing of any notice of correction or completion, noted below). The examiner
may allow not more than 10 calendar days after mailing of the decision denying fee waiver in which
to receive the filing fee to perfect the appeal. The decision of the examiner is final for purposes of
such determinations.
(2) (a)A written petition for appeal must contain the items set forth in this section in order to be complete
and perfected, and the party appealing the decision designated as "petitioner." The examiner shall
immediately examine the petition for completeness and shall immediately notify the petitioner by mail of
defects in the petition requiring correction or completion. The examiner may allow not more than 10
calendar days after mailing of notification of defect in which to receive a perfected appeal for filing. A
petition for appeal shall contain all of the following:
(i) Specific identification of the order, permit, decision, determination or other action being
appealed (including the county's file or application number where applicable). A complete
copy of the document or written decision being appealed must be filed with the appeal;
(ii) Specific identification of the county code provision which authorizes the appeal;
(iii)The specific grounds upon which the petitioner relies, including a concise statement of the
factual reason for the appeal and, if known, identification of the policies, statutes, codes, or
regulations that the petitioner claims are violated. In the case of appeals involving SEPA,
shorelines and floodway hazard permits, a specific listing of the sections and elements
alleged to be inadequately or inappropriately addressed and the reasons therefor shall be
included;
(iv)The full name, mailing address, daytime telephone number of each petitioner, together
with the signature of at least one of the petitioners, or the attorney for the petitioner(s), if any;
(v)The name, mailing address, daytime phone and signature of the petitioner's attorney, if
any; and
(vi)The required filing fee.
(b) The costs of transcribing the records of proceedings, of copying photographs, video tapes and
any oversized documents, and of staff time associated with copying and assembling the record and
preparing any records shall be borne by the petitioner(or equally by the petitioners, if more than
one)for the review, with such monies being paid in advance of such transfer to the examiner.
(3) Unless otherwise specified within this Code, Ttimely filing of an appeal shall stay the effect of the
order, permit, decision, determination or other action being appealed until the appeal is finally disposed of
by the examiner or withdrawn; provided, that filing of an appeal from the denial of a permit shall not stay
such denial. Failure to file a timely and complete appeal shall constitute waiver of all rights to an
administrative appeal under county jurisdiction.
(4) No new appeal issues may be raised or submitted after the close of the time for filing of the original
appeal, excepting the raising of errors affecting a constitutional right by parties to an appeal through
amendment of their petition for appeal, and the appeal shall be by closed record appeal; except, an open
record appeal is permitted when there has not been a previous open record hearing. New evidence and
testimony may be given and received in an open record appeal only on issues and errors identified by
petitioner on the appeal, except as otherwise provided for under the examiner's rules of procedure. Open
record appeals shall be conducted in accordance with the examiner's rules of procedure for substantive
hearings, where applicable, and shall serve to provide argument and guidance for the examiner's
decision. Open record appeals shall otherwise be conducted as provided for closed record appeals.
(5)The department shall forward the petition(s)for appeal to the examiner's office within three working
days of its filing.
(6) The examiner's office, within three working days of receipt of the appeal, shall send written notice of
the filing of the appeal to the department or official whose decision has been appealed, which such
department shall be thereafter referred to as the"respondent."The respondent, within three working days
of receiving notification from the examiner's office, shall transmit to the examiner all relevant and
nonprivileged public files on the order, permit, decision, determination or other action being appealed.
(7)The examiner's office, within three working days after receipt of the file from respondent, shall send
written notice of the filing of a perfected appeal by certified mail, return receipt requested, to the person
named in the order or to the person who initially sought the permit, decision, determination or other action
being appealed, whenever the appeal is filed by other than such person, and to all parties of record by
regular mail.
(8)The examiner may summarily dismiss an appeal in whole or in part without hearing if the examiner
determines that the appeal is untimely, incomplete (having complied with subsection (2) of this section),
without merit on its face, frivolous, beyond the scope of examiner jurisdiction or brought merely for the
purpose of delay. The examiner may also summarily dismiss an appeal where it is found in response to a
written challenge raised by the respondent or permit, etc., applicant and after allowing the petitioner five
calendar days in which to reply to the challenge that the petitioner lacks legal standing to appeal or failed
to perfect appeal. Except in extraordinary circumstances, summary dismissals shall be decided, with or
without oral argument at the discretion of the examiner, within five calendar days of receipt of such reply
or the expiration of such time for reply, whichever is the later.
(9)Appeals shall be processed by the examiner as expeditiously as practicable, giving proper
consideration to the procedural due process rights of the parties.
(a) Except as otherwise provided hereunder, no more than 29 30 calendar days should elapse from
the date of the perfection of an appeal and the date of a closed record hearing on the appeal, and
no more than 39 40 calendar days should elapse from the date of perfection of the appeal to the
issuance of an examiner decision on the appeal.
(b) Except as otherwise provided hereunder, appeal hearings on board of health matters under
LCC 2.25.090(2)(a) and (b), should be set not less than 20 days nor more than 30 days following
perfection of an appeal.
(c)The parties to an appeal may agree, or the applicant/permittee and the county may mutually
agree upon specific extensions of the date of the appeal hearing and decision. The examiner may
consolidate multiple appeals of the same action for hearing and decision making purposes to
facilitate expeditious and thorough consideration of the appeal, without adversely affecting the due
process rights of such parties. In event of a conflict between time deadlines with consolidated
appeals, the time deadlines for the last filed appeal shall control all deadlines.
(10) Notice for appeal hearings shall require that the petitioner, the person named in the order or the
person who initially sought the permit, decision, determination or other action being appealed, whenever
the appeal is filed by other than such person, and all parties of record, the respondent, and all persons
otherwise entitled notice by specific statute or county code section, shall be given at least seven calendar
days' written notice of the date upon which the matter will be considered at public hearing. Mailing of
notice shall be the responsibility of the department, or the department/official responsible for the permit,
decision or other action being appealed.
(a) Notices required under this subsection shall be deemed adequate where a good-faith effort has
been made by respondent to identify and mail notice to each person entitled thereto.
(b) Notices mailed pursuant to this chapter shall be deemed received by those persons named in
an affidavit of mailing executed by the person designated by the examiner, the department, or
department or official to mail the notices. The failure of any person to actually receive the notice
shall not invalidate any action.
(11)The appeal hearing and the examiner consideration of the appeal shall be limited solely to the issues
and errors identified by the petitioner in advance of hearing, and based solely on the record of
proceedings, subsection (12) of this section, or upon such additional evidence as may be provided in an
open record appeal, pursuant to subsection (4)of this section.
(12) (a)The examiner shall render a written decision which shall include findings of fact and conclusions
based only on the record on appeal. Except as stated under LCC 2.25.090 and 2_25.100 as to
recommendation matters, or under statute or other county code section, the decision of the examiner
shall be final and conclusive on the fifteenth day after the date of execution of the decision, unless a
notice of appeal to the superior court is filed pursuant to LCC 2.25.140. The examiner's decision together
with his findings, conclusions, and the record and exhibits of the proceedings shall be filed with the
department or,-in-the alternative, with the appropriate department or official. If the effect of the decision is
a recommendation to the board, the original thereof shall be transmitted to the legislative body.
(b)The examiner may issue a decision on an appeal which may, in conformity with applicable
statutes and county code sections, reverse or affirm, in whole or in part, or modify the order, permit,
decision, determination or other action appealed from; the examiner thereby having full authority to
exercise the authority of the department or official from whom the appeal is taken on that particular
issue.
(13) Unless different procedures are prescribed by statute or county code section, the department or, in
the alternative, the appropriate department or official shall mail copies of the examiner's decision to the
petitioner, the person named in the order or to the person who initially sought the permit, decision,
determination or other action being appealed, whenever the appeal is filed by other than such person,
and all parties of record, the respondent, and all persons otherwise entitled notice by specific statute or
county code section by regular mail not later than three working days following the entry of the decision
by the examiner.
(14) No individual examiner shall adjudicate at both an examiner open record hearing on any matter and
an open or closed record appeal on such matter through the office of the examiner.
(a) For all proceedings subject to Chapter 17.15 LCC, involving lands within the urban growth
boundary(UGA) of any municipality and subject to an interlocal agreement empowering the
respective municipality with land use decision making and regulatory authority within its UGA, a
special deputy examiner(s) shall adjudicate at the initial examiner hearing on any matter, whether
as an open record hearing or as an appeal.
Section 3. This ordinance is in the public interest and shall be effective immediately.
Section 4. Should any section, paragraph, sentence, clause or phrase of this chapter,
or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this chapter be preempted
by state or federal law or regulation, such decision or preemption shall not affect the
validity of the remaining portions of this chapter or its application to other persons
or circumstances.
PASSED IN REGULAR SESSION THIS i_ DAY OF Art/S V C , 2018.
APPROVED AS TO FORM: BOARD OF COUNTY
Jonathan Meyer, Prosecuting Attorney COMMISSIONERS
LEWIS COUNTY, WASHINGTON
Ask
By: Eric Eisenberg, Dep. Pros. Attorney Edn. J. Fund Ch fp"'
/
4
ATTEST: Robert C. Jackson, Vice Chair
•••••ZSCOUNTiZo•
` 9 •rc
Rieva Letter, Clerk of the Boarp Ga taknper, Commissioner
•5, SINCE , o•
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• •••G7ONslst°°••
-•••••
rBOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Aug 13, 2018
Suggested Wording for Agenda Item: Agenda Type: Hearing
An Ordinance of Lewis County, Amending Portions of Chapter 6.05 and Section 2.25.130 of the Lewis County
Code, Pertaining to Dangerous Animal Proceedings and Appeals
Contact Danette York Phone: 2774 RECEIV
Department: Public Health and Social Services AUG 02 2018
Action Needed: Approve Ordinance (traffic or other) LEVv;b GOury I Y
PROSECUTING ATTOR NET
Description
Changes include creation of a citizens' panel to hear dangerous animal cases, as well as technical, procedural,
and substantive changes to make the citizens panel hearing and subsequent appeal occur efficiently and fairly.
A speedy court process is created to address situations where the owner fails to meet legal requirements for
keeping a dangerous animal. A provision is added to make a fifth or subsequent civil animal violation within a
10-year period a misdemeanor.
Approvals: Publication Requirements:
Hearing Date: Aug 13, 2018
User Group Status Publications:
York, Danette Approved The Chronicle July 26, 2018
Eisenberg, Eric I Pending Publication Dates:
Additional Copies
Danette York
Sandi Andrus
Amy Hanson
Bill Teitzel
Alishia Homburg
Eric Eisenberg
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108428.panotirOcis, may be euted to the
A intels BOCC by Ancipst.10.2018.
The BOOCHearing Roam
Lew%tottntY is handicap( accessible.
Su r/0X Arrangements to reasona-
Y �hancit-
notice that • Ordinance cap accessibility or tater.
#a1289, an to , will be Hatch upon
amend Chapter 8.05 and realty's.* tik y_fOur (24)
Sect an 22533ti-of the hour advance notice. Con-
t.C0um]( Cam. por first Rievs Laster at
, $ i3ti thaVerotta ant-' 380.740-1419:
Mei P Putt tied.•by:ktetttktfort-o?
Of a Public h C t ).N#iih and ' 'forth
the Boeid.of Cam- NW Month
mis*lonera at 10:00. a.m. 965.92. Chehalis, WA
on Monday, August 13,
DATED this ;sue day of
2018,at the Historic Court- 't` 2013.
leea,Ciefk of.�
house at 351 N.W. North 7,s,:„,„.77,77-, .
Street, Chehalis. It may
then be enacted knots* pA ; UCATgk; .
atety at the oondtskrn The Chvflnide: •
AFFIDAVIT thereof. -n)43,.oftunariot, 11 jety 28,2018.
adopted,. AO amend OF PUBLICATION L d The .,
2.25.1 to July 26,zot8
STATE OF WASHINGTON ducal and s e e —
changed to dangerous ant-
rrsei 'acrd aP-
COUNTY OF LEWIS f . .Oran text of the
ptpPOered:Qrdinance will be
Alysa Andrews,and/or Mandy Klemola,says that she is the legal maned to anY Pi ,upon
clerk of request directed to the
Cterk of the Board of
County. Commiseloners,
ontrie The 380-7401120.
*
eb
creation of a citizens'panel
to hear dangerous animal
a semi-weekly newspaper,which has been established,published cases,as well as eofinieal.+
in the English language,and circulated continuously as a precedent', end **Stan-
semi-weekly newspaper in the City of Centralia,and in Lewis tive Changes to make the
County,Washington,general circulation in Lewis County for 'eng and
t
more than six(6)months prior to the date of the first publication nu en a &i
efficiently ty and fairly. Sep*
of the notice hereto attached,and that the said Chronicle was on rawly a speedy couit
the 7th day of July 1941,approved as a legal newspaper by the protects not dependent on
Superior Court of said Lewis County.And that the attached is a enrChtli or atIndratl lee
420011 true copy and was published in regular issues(and not in 011 IS -
supplement form)of said newspaper as LEGAL#105429 d1ia8 h1 s
dangerous animas owner
RE:Dangerous animals f .to 'meet the. legal
cement.for kaepiryg a
once each _for a period of 1-C =t d nge DUS animal. finally'
a- Pion #s- added- to
commencing on 07/26/2018 and ending on 07/26/2018 bi., ,�:a firs sttbSe
i Viair tal Viotedsh withk1
f period a tmeder
and both regularly dis >uted to its subscribers during all of said ',.., .:,;., • Ineteed of an .
period.That the o, • of the fee charged for the foregoing v
publication is u• e 31 .' .Any d ing 10 v0166
,� -an opinion for or again et
the -proposed ordinance
S •. _• and sworn : .-fore me 07/26/2018 �t ld mar and is
„id. written comments
Mr ia49. 1 ....S.41!. .11.
Notary Public in and for the State of Washington,
resi ing at ,r_'r°f o °,9
)p/Lheauj) its *% i
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