HomeMy WebLinkAbout6965ORDINANCE NO.6965
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO THE BURDEN OF
PROOF IN DANGEROUS DOG APPEALS, AND AMENDING
SECTION 2.46.120 OF THE AUBURN CITY CODE
WHEREAS, the City of Auburn provides a mechanism for individuals whose dog
has been deemed dangerous or potentially dangerous pursuant to City Code to appeal
that designation to a hearing, examiner; and
WHEREAS, the City Code prescribes the burden of proof in appeals before the
hearing examiner; and
WHEREAS, Mansour v. King County, 131 Wn. App. 255, 128 P.2d 1241 (Div. 1,
2006), requires the burden of proof to be on the City in a dangerous dog appeal to prove
the dog meets the definition of a dangerous or potentially dangerous dog; and
WHEREAS, the code revision is necessary to accurately identify and prescribe the
burden of proof in an appeal of a dangerous dog determination.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. ACC 2.46.120 of the Auburn City Code
is amended to read as shown in Exhibit A.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
Ordinance No. 6965
'December 5, 2024
Page 1 of 2
Rev. 2024
{
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: -TGfN 2S Z025
PASSED: -s0.Y1 21 2025
APPROVED: Ian 2-I 2025
ATTEST- AP O D AS TO O
�V Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney
Published: y6, Z025 in -MQ W#Lt 1t rqS
Ordinance No. 6965
December 5, 2024
Page 2 of 2
Rev. 2024
EXHIBIT A: Page 1 of 1
2.46.120 Burden of proof.
Unless otherwise provided for in the Auburn City Code, the burden of proof before the hearing
examiner shall be as follows:
A. Appeal Hearings. The applicant/appellant shall have the burden of proof, by a preponderance of
the evidence, as to material factual issues except where applicable city code provisions or state law
provides otherwise.
B. Land Use Application Hearings. For an application to be approved, a preponderance of the
evidence presented at the hearing must support the conclusion that the application meets the legal
decision criteria that apply.
C. Dangerous Dog Appeals. For appeals of a potentially dangerous dog and/or dangerous dog
determination, the city shall have the burden of proving, by a preponderance of the evidence, that
the animal at issue meets the City Code's definition of a potentially dangerous dog or dangerous
doq.
D. Code Enforcement Hearings. The city shall have the burden of proving, by a preponderance of
the evidence, that a code violation has occurred and that the proposed corrective action is
reasonable.