In order for a dog to be declared a dangerous dog, the animal control officer shall serve a notice upon the dog owner in person or by regular and certified mail, return receipt requested. The notice shall state: the statutory basis for the proposed action; the reasons the animal control officer considers the dog dangerous; a statement that the dog is subject to registration and controls required by this chapter, including a recitation of the controls in YMC 6.20.160(B)(1); and an explanation of the owner’s rights and of the proper procedure for appealing a decision finding the dog dangerous.

Prior to issuing a final determination, animal control shall notify the owner in writing that he or she is entitled to an opportunity to meet with the Code Administration Manager, at which meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous. The notice shall state the date, time, and location for the meeting, which must occur prior to expiration of fifteen calendar days following delivery of the notice. The owner may propose an alternative meeting date and time, but such meeting must occur within the fifteen day time period set forth in this section. After such meeting, the authority must issue its final determination, in the form of a written order, within fifteen calendar days. In the event the dog is declared dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the Code Administration Manager. The order shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the owner’s last known address.

The owner may appeal the final determination that the dog is dangerous to the Yakima Municipal Court. The owner must initiate such an appeal by filing with the Yakima Municipal Court a request for appeal of the decision of the Code Administration Manager. Such appeal must be filed within twenty days of receipt of the final determination. Receipt shall be deemed to be three days from the date of mailing. While the appeal is pending, animal control officers may require that the dog be confined at the city animal shelter at the owner’s expense or confined and controlled in accordance with YMC 6.20.160(B)(1)(a) and YMC 6.20.170(B). Willful failure to comply with the control and confinement provisions while the appeal is pending is a misdemeanor. (Ord. 2002-48 § 2, 2002).