6.07.060 Impoundment of Dangerous or Potentially Dangerous Animals.
Should the owner of a dangerous or potentially dangerous animal violate the conditions or restrictions of owning or possessing a dangerous or potentially dangerous animal such animal may be seized and impounded upon issuance of a warrant.
A. The owner may prevent the animal's destruction by, within two business days, submitting a petition for the animal's immediate return.
1. The owner shall submit the written petition to the animal control authority and the petition will be forwarded to the Examiner.
2. Except as provided in this Chapter, the petition shall proceed in accordance with the Pierce County Hearing Examiner Code, Chapter 1.22 PCC, as an appeal of an administrative official's decision.
3. Notice of the hearing shall be mailed to the owner at the address listed on the notice of appeal.
4. At the public hearing, the burden shall be on the animal control authority to prove, by a preponderance of evidence, that the owner failed to comply with the conditions or restrictions of owning and possessing a dangerous or potentially dangerous animal.
5. The Examiner shall decide if the animal should be returned to the owner, subject to conditions that will bring the owner into compliance with this Chapter, or be humanely euthanized.
6. In cases where a declaration of dangerous or potentially dangerous animal has been issued, but an appeal of the declaration is pending, the Examiner shall decide if the animal should be returned to the owner or remain in impound pending a decision on the appeal. If the Examiner decides to release the animal back to the owner, he may impose additional ownership conditions as necessary to protect the public while the appeal is pending.
7. If the Examiner allows the release of the animal, the owner shall pay all redemption, boarding, and veterinary fees and costs prior to release, except in cases where the animal control authority failed to meet its burden of proof.
B. If a decision to euthanize the animal is rendered by the Examiner, the owner may prevent the animal's destruction by, within seven calendar days:
1. Petitioning the District Court for the animal's immediate return, subject to court imposed conditions, and
2. Posting a bond or security in an amount sufficient to provide for the animal's care for a minimum of 30 calendar days from the seizure date.
3. A copy of the petition shall be served upon the animal control authority and the Prosecuting Attorney's Office the same day that the petition is filed in District Court.
4. The burden shall be on the animal owner to prove that the decision of the Examiner was arbitrary and capricious.
5. If the District Court finds that the Examiner's decision was arbitrary and capricious, the bond or security shall be refunded to the poster and the animal shall be released to the owner.