6.07.020 Appeal of Declaration.
A. The owner of the animal may contest a declaration of dangerous or potentially dangerous animal by submitting a written appeal.
1. The owner must submit the written appeal at the Auditor's office within ten calendar days of service of the declaration.
2. Except as provided by this Chapter, the appeal shall proceed in accordance with the Pierce County Hearing Examiner Code, Chapter 1.22 PCC.
3. Notice of the public hearing shall be mailed to the owner's address as listed on the written appeal.
4. At the public hearing, the scope of evidence and the scope of review shall be de novo.
5. The burden shall be on the animal control authority to prove, by a preponderance of evidence, that the animal is a dangerous animal or potentially dangerous animal as defined in PCC 6.02.010 and that the exclusions contained in PCC 6.07.010 do not apply.
6. The Examiner shall render a decision on the appeal within 30 calendar days following the conclusion of all testimony and hearings and closing of the record unless a longer period of time is agreed to by the parties.
B. The decision of the Examiner shall be considered final and conclusive unless a writ of review is filed in Superior Court within 20 calendar days of the decision.
1. If a writ is issued, the petitioner shall be responsible for paying the cost of preparing the administrative record and the transcript of proceedings and shall serve copies of both upon the Prosecuting Attorney's office. The prevailing party shall be entitled to recovery of these costs.
C. During the entire appeal process, the owner shall keep the animal indoors or securely confined on the property where the owner resides. Secure confinement may be accomplished by erecting an escape proof fence, keeping the animal in a proper enclosure as described in PCC 6.02.010, humanely tethering the animal as described in PCC 6.03.010 N., or by other means approved by the animal control authority. It is unlawful for the owner appealing a declaration to allow or permit the animal to go beyond the premises of the owner unless such animal is securely leashed, under the control of a competent adult, and humanely muzzled or otherwise securely restrained. Upon noncompliance with this subsection, the animal control authority is authorized to impound the animal subject to the procedures set forth in PCC 6.07.060.