A. The owner of the animal may appeal the declaration of a dangerous dog or potentially dangerous dog by filing an appeal of the declaration to Municipal Court.

B. The owner must submit a written notice of appeal within 20 calendar days of service of the declaration. The notice shall be filed with the Clerk of the Municipal Court. No fee shall be required for the filing of the notice of appeal.

C. At the hearing, the burden shall be on the City to prove, by a preponderance of evidence, that the animal is a “dangerous dog,” or a “potentially dangerous dog,” as defined in RCW 16.08.070 and that the exclusion contained in RCW 16.08.090(3) does not apply.

D. During the entire appeal process, it shall be unlawful for the owner appealing the declaration of a dangerous or potentially dangerous dog to allow or permit such dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.

E. In those instances where the animal has been impounded, the owner shall be responsible for the costs of redemption, boarding, and veterinary fees prior to release, excepting in those cases where the animal control authority failed to meet its burden of proof. In lieu of payment of these expenses, the owner may obtain the release of the animal by posting with the City a bond, cash, or alternate security approved by the City or the Municipal Court for such costs which have been incurred and are likely to be incurred pending appeals. If such costs have not been paid and the animal control authority meets its burden of proof, the Municipal Court may enter a monetary judgment for such costs. [Ord. 577 § 3, 2014.]