Regular Meeting Agenda 12/10/24

Arne Mortensen, Commissioner District 1 Dennis Weber, Commissioner District 2 Richard R. Dahl, Commissioner District 3 Kelly Grayson, Clerk of the Board

Regular Public Meeting December 10, 2024, 9:00 a.m.

Board Meeting Convenes at 9:00 a.m.      

Pledge of Allegiance Minutes of December 2-4, 2024 Consent Agenda of December 10, 2024 Motion Items Public Hearing 9:30 a.m. & 9:45 a.m.

Public Comments

ZOOM Link

KLTV Link

Live Stream

Phone Option: (253) 215-8782 Webinar ID: 820 1961 3917 www.kltv.org

Citizen Participation may be anonymous. See RCW 42.30.040

Consent Agenda Agreements/Contracts/Bid Awards 1. Amendment No. 2 to the Professional Services Agreement with Gray & Osborne, Inc. for engineering consultant services for NPDES Stormwater Permit Compliance to extend the termination date of the agreement to December 31, 2025. (13862) 2. Memorandum of Agreement with the Castle Rock Police Department for the use of the Law Enforcement Range for firearms training activities from January 1, 2025, through December 31, 2025. (13865) 3. Memorandum of Agreement with the Woodland Police Department for the use of the Law Enforcement Range for firearms training activities from January 1, 2025, through December 31, 2025. (13866) 4. Memorandum of Agreement with the Longview Police Department for the use of the Law Enforcement Range for firearms training activities from January 1, 2025, through December 31, 2025. (13867) 5. Memorandum of Agreement with the Kalama Police Department for the use of the Law Enforcement Range for firearms training activities from January 1, 2025, through December 31, 2025. (13868)

Page 1 of 4

Regular Public Meeting December 10, 2024, 9:00 a.m.

6. Memorandum of Agreement with the Cowlitz Indian Tribal Public Safety Department for the use of the Law Enforcement Range for firearms training activities from January 1, 2025, through December 31, 2025. (13869) 7. Memorandum of Agreement with the Kelso Police Department for the use of the Law Enforcement Range for firearms training activities from January 1, 2025, through December 31, 2025. (13870) 8. Memorandum of Agreement with Cowlitz County Corrections for the use of the Law Enforcement Range for firearms training activities from January 1, 2025, through December 31, 2025. (13871) 9. Memorandum of Agreement with the Washington State Patrol for the use of the Law Enforcement Range for firearms training activities from January 1, 2025, through December 31, 2025. (13872) 10. Amendment No. 1 to the Agreement with CHR Creative, LLC to provide information technology management and technology administration services. (13886) Board Correspondence 11. Letters/Notices a. Letter dated 11/27/2024 from Ashli Penner, Vice President, General Counsel with The Building Industry Association of Washington (BIAW) regarding the code officials must comply with Initiative 2066. (13879) Vouchers The following vouchers are approved for payment: Fund Claims Claims Special Purpose District No. 1 Special Purpose District No. 2 Total

Voucher Numbers 1000019688-1000019793 1000019794-1000019809 5000002940-5000002963 7000000430-7000000434

Amount $ 435,866.69 790,144.20 43,251.16 7,567.19 $ 1,276,829.24

Motion Items Public Works 12. Amendment No. 2 to the Professional Services Agreement with RH2 Engineering for the Ryderwood Supplemental Water Source extending the expiration date to December 31, 2025, and increases the not-to-exceed amount by $30,000 to cover additional electrical and telemetry work. (13875)

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Regular Public Meeting December 10, 2024, 9:00 a.m.

13. Amendment No. 3 to the Professional Services Agreement with RH2 Engineering for the Toutle Water System Improvement Projects increasing the not-to-exceed amount by $33,200 to cover additional services required for electrical and telemetry work. (13876) 14. Agreement with Day Wireless for installation of add-on lights, sirens, and equipment on County-owned emergency vehicles. (13880) Health & Human Services 15. Consolidated Contract with Washington State Department of Health to establish general terms and conditions from January 1, 2025, to December 31, 2027. (13853) 16. Contract Amendment with Prevention MD, LLC to extend the contract for Dr. Krager to serve as Cowlitz County's Local Health Officer until December 31, 2025. (13882)

Public Hearing – 9:30 a.m.

Finance Department 17. 2024 Budget Amendment (13877)

Public Hearing – 9:45 a.m.

Sheriff Department 18. Amend Chapter 6.12 of the County Code, Animal Control, and create a new Chapter 6.13 of the County Code for Dangerous Animals and add references to both within Chapter 2.05 of the County Code. (13881)

Updates Chairman Updates Upcoming Events: 



Tuesday, December 17th @ 9:00 a.m. – Elected Official Swearing in Ceremony o Steve Rader – Commissioner District 1 o Steven Ferrell – Commissioner District 2 Wednesday, January 29th @ 2:30 p.m. – Department of Ecology

Upcoming Meeting Cancelations   

Wednesday, December 18th – Meeting Canceled Monday - Wednesday, December 23rd - 25th – Meeting Canceled (Holiday) Monday - Wednesday, December 30, 2024 – January 1st, 2025 - Meeting Canceled (Holiday)

Citizen Comments – Citizen participation may be anonymous. See RCW 42.30.040 Page 3 of 4

Regular Public Meeting December 10, 2024, 9:00 a.m.

RCW 42.30.040 - Conditions of attendance not to be required. A member of the public shall not be required, as a condition to attendance at a meeting of a governing body, to register his or her name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. People may remain anonymous when logging on to Zoom by creating any name and email of their choosing. In a meeting, public comment will be received, either or both, orally (raise hand in Zoom or use *9 on phone) and by writing.

Note: Written comments may be sent to the Board at any time. For oral presentations, the Board may set a time for comments and speakers.

All matters listed with the Consent Agenda were previously distributed to each Board Member for reading and study, were available for public viewing, are considered items of regular County business, and will be approved, without separate discussion, by one motion of the Board of County Commissioners. An item may be removed from the Consent Agenda and placed on the Regular Agenda for separate discussion and voting at the request of any Board Member.

The Board of Commissioners may add and take action on other items not listed on this Agenda.   

Agenda Online Address: https://www.co.cowlitz.wa.us/535/Agendas---Regular-Public-Meetings ZOOM Invitation Address (for all meeting days): o https://us06web.zoom.us/j/82019613917 KLTV Live Feed Address: http://www.kltv.org

Page 4 of 4

FIRST AMENDMENT TO CO-MANAGED INFORMATION TECHNOLOGY SERVER & BCDR SUPPORT & ADMINISTRATION AGREEMENT This First Amendment to Co-Managed Information Technology Server & BCDR Support & Administration Agreement (this “Amendment”) is made and entered into effective as of _________________ __, 2024 (the “Effective Date”), by and between CHR CREATIVE, LLC, an Oregon limited liability company (“CHR”), and THE COUNTY OF COWLITZ, in the STATE OF WASHINGTON (the “County”).

RECITALS A. On February 14, 2023, CHR and the County entered into a Co-Managed Information Technology Server & BCDR Support & Administration Agreement (the “Services Agreement”) under which CHR would provide information technology management and technology administration services to the County, as further described the Services Agreement.

B. The County has requested and CHR has agreed to take on an expanded role related to more cybersecurity services and add the tools required to perform those services.

C. The County and CHR wish to amend the Services Agreement to modify the Scope of Work originally stated therein, in accordance with the provisions of this Amendment.

NOW, THEREFORE, THE PARTIES AGREE: 1.

Amended Scope of Services. The entirety of the Amended Cowlitz County Scope of Work (the “Amended Scope”) attached hereto as Exhibit A is incorporated into this Amendment by reference. The Services Agreement is hereby amended by the terms and provisions contained in the Amended Scope.

2.

Scope of Services Deliverables (“Services”). For services rendered by CHR from and after the Effective Date of this Amendment, to the extent that the Milestones set forth in the Amended Scope conflict with the provisions of the Services Agreement, the Milestones shall control.

3.

Scope of Services Costs (“Costs”). Notwithstanding anything to the contrary contained in the Services Agreement, the Costs set forth in the Amended Scope shall apply to all services rendered by CHR from and after the Effective Date of this Amendment.

4.

Termination. The “Cancellation” Paragraph of the Services Agreement is deleted and replaced with the following: Termination. The following provisions apply regarding termination of this Agreement: a. Termination Due to Insufficient Funds. The County shall have the right to terminate this Agreement upon thirty (30) days advance written notice if the funds relied upon by the County to fund this Agreement are, through official action of the applicable County authority, terminated, suspended, or otherwise lost.

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b.

Termination for Convenience. Either party may terminate this Agreement for convenience upon giving the other party at least thirty (30) days’ advance written notice. If CHR terminates under this paragraph, CHR will be entitled to payment only for those expenses and costs reasonably and actually incurred prior to the effective date of the termination. If the County terminates under this paragraph, the County is responsible to CHR for payments for the remainder of the service term.

Service fees for the remainder of the contractual service period (the unused months following the 30-day notice period) are due at a reduced rate equal to five percent (5%) of the current monthly service fees; provided, however, that Infrastructure as a Service (IaaS) and Software as a Service (SaaS) fees are due at one hundred percent (100%) of the monthly fees. c. Termination for Default. If either party defaults in its performance under this Agreement, the nondefaulting party may give the defaulting party written notice that it has 35 days in which to cure the default. The defaulting party shall commence the cure within 5 days of notice and thereafter diligently pursue such cure to completion. If the defaulting party has not commenced pursuing to cure within 5 days, the nondefaulting party may terminate this Agreement. If the default is not cured within 35 days of notice, the nondefaulting party may terminate this Agreement. In the event of such a termination, the nondefaulting party shall have all rights and remedies available to it under the law.

5.

Counterparts. This Amendment may be signed in multiple or counterpart copies, or with signatures sent by facsimile or affixed by DocuSign or other electronic means, each of which will be considered an original and which together form one amendment to the Services Agreement.  6.

Remaining Terms Unchanged; Conflicts. All other terms and conditions of the Services Agreement remain unchanged and in full force and effect. For services rendered by CHR from and after the Effective Date of this Amendment, to the extent that the Amended Scope conflicts with the provisions of the Services Agreement, the Amended Scope shall control.

CHR Creative, LLC:

By: Bryan Christensen, Member __________ __, 2024 DONE in open session, this ____ day of _______________, 2024.

ATTEST: ____________________________________ Kelly Dombrowski, Clerk of Board

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BOARD OF COMMISSIONERS COWLITZ COUNTY, WASHINGTON

__________________________________ Richard R. Dahl, Chairman

__________________________________ Dennis P. Weber, Commissioner

__________________________________ Arne Mortensen, Commissioner

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EXHIBIT A Amended Cowlitz County Scope of Work

CHR Creative Information Technology: Inspired.

Prepared for: Travis Foschini Cowlitz County

CHR Creative 12300 SW Mallard Way Milwaukie, OR 97222

With: Tanner Bell Ron Sears CHR Creative

503.427.1807 503.427.1808 (helpdesk)

Date: September 23, 2024

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www.chrcreative.com

Scope of Coverage Services to be Provided: This engagement has a retained focus, with work performed onsite, remotely, or via conference call, email, or remote sessions.

Anything not covered by the scope of this contract that would require additional billing will be discussed with Cowlitz County IT (CC IT) Leadership before work begins. Upon approval, such work will be billed at the agreed-on scope of work services rates.

Scope of Work: Duties not specified in the following scope are the responsibility of the CC IT Department.

Summary: This section summarizes the services to be provided by CHR. The agreement is designed with the following major categories: 1. Preventative, planned maintenance, including assistance with troubleshooting and/or break-fix incidents that CHR is responsible for as outlined by CC and CHR management.

2. Strategic forecasting alongside the IT manager and senior leadership 3. As-needed/responsive maintenance and support escalations to accommodate departmental computer server system activities and performance.

4. Urgent or emergent situations that require immediate or rapid response The following items represent work efforts in scope and support of the major categories listed above, and are included only in the CHR Supported Servers Services. CHR will follow CIS18 and NIST security framework standards. CHR will comply with and adhere to CC’s IT department guidelines and directives, which CC may update periodically.

Periodic Assessments—Review of the inventory, assessment of the server system architecture and equipment for efficiency, life expectancy, capacity, speed, and current processes, and make recommendations for improving routine support criteria and reducing the need for emergency maintenance situations. Bi-Annual cadence is recommended.

OS Patching—Where possible, CHR will utilize an automated process to implement Microsoft Windows Server operating system updates which may include security updates. Updates that may require manual processes will be noted and scheduled with CHR and CC IT and may require out-of-band system reboots. Major version upgrades to Microsoft Windows Server operating systems will be completed manually and involve CHR and CC IT to plan and execute. CHR will work with CC IT to determine the best times for scheduled system restarts. Systems that cannot be updated on a scheduled basis will be reviewed and updated during agreed-upon maintenance windows. Work performed to complete OS Patching will be documented, tracked, and reported to CC management. CC will be notified of failed patches, and a remediation plan will be discussed and implemented out of band from the agreed-upon patch cycle. CC and CHR

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will determine patch schedules based on system requirements and priorities. OS patching on systems that CHR does not manage or maintain will be the responsibility of CC IT. Hardware Patching—CHR will review the server infrastructure and determine whether updates are required monthly. If so, they will implement them during the next available maintenance period. The scope of updates provided by CHR includes Physical HW Firmware / management tools, Virtualization Hypervisor / management tools, virtualization guest tools / virtual HW version, Storage appliances, backup appliances, Microsoft Active Directory Servers / directly related MS management tools. CC IT will be responsible for network infrastructure updates and may engage with CHR to help as necessary. Work performed to complete hardware patching per CC directives and guidelines will be documented and tracked and reported to CC management. CC will be notified of failed patches, and a remediation plan will be discussed and implemented out of band from agreed upon patch cycle. CC and CHR will determine patch schedules based on system requirements and priorities. Hardware patching on systems that CHR does not manage or maintain will be the responsibility of CC IT. Backup Services—CHR will monitor and review backups daily and work to remediate any failed backups. CHR will report failed backups to CC management with an outlined schedule of remediation based on findings. CHR will work to complete remediations within 24 hours of notification of the failed backup event and provide status updates until resolved. Remediation may require system restarts or updates, resulting in an out-ofband maintenance cycle to resolve. CHR will maintain the associated systems that make up the backup infrastructure, including backup software and physical infrastructure, performing maintenance and updates as necessary. Backups on systems that CHR does not manage or maintain will be monitored and failures will be documented, and CC IT will be notified to begin remediation. Additional services must be approved by CC IT for CHR to provide support on non-managed systems with regards to backup remediation.

Cowlitz County staff will provide the deployment and management of the network systems and services, including cloud-based software and computing.

CHR automation and security/systems management utilities will be provided for each computer system under CHR management. CHR will leverage automation and tools to identify and then mitigate server health issues according to CC directives and guidance.

The in-scope issues include: Disk space utilization, High CPU/Memory utilization, unreachable/offline servers.

CHR will also provide a monitoring/management tool to track and document work efforts for CC and CHR. In addition, CHR will continue to utilize the county communication and “Kace” systems for requests.

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Communication and Reporting: CHR recommends the following schedule for communication and reporting of information and system status to CC IT Leadership: 1. Weekly: Status and planning meeting to maintain status with the team 2. Monthly Management reporting and oversight meeting 3. Bi-Weekly Change Approval Board Additional communications may occur regarding system status as necessary, including backups, updates, server changes, etc.

Services Conclusion: The next page outlines the details of the IT management and administration service costs for the proposed solution. The costs for each section of the proposal are separated and subtotaled. All of the staff at CHR Creative look forward to working with you and appreciate the opportunity to review your needs and offer our proposed solution. We strive to excel at what we offer and provide creative solutions to our clients' needs.

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Monthly IT Management & Administration Services Provided Services: Description

Qty

Price

Total

CHR Software Agent (RMM, Monitoring, Trending, Control, Support Ticketing & Anti-Ransomware Agent) (Minimum of 75)

89

$11.59

$1,031.51

CHR Supported Servers Service (Physical, Virtual & others) (Minimum of 75)

85

$84

$7,140.00

Professional Services Focused on Advice, Direction & Evolution Planning

Min 8hrs

$210

$1,680.00

Additional Service Hours: Services that are out of scope

TBD

$225

$TBD

Additional Hours - (Hours above 40 hours are discounted)

TBD

$210

$TBD

3

$210

$630.00

RMM Administrator Licenses (Minimum of 2) Total Monthly

$10,481.51

Note: CHR Supported Server Services quantities are based upon the quantity of CC operating systems with CHR management agents installed to facilitate patching, automation, and break/fix by CHR. Adjustments to quantities for billing purposes will be made on a monthly basis.The quantities will be reviewed each quarter for accuracy and completeness after providing an updated server inventory list to include a list of all physical and virtual servers, with filters to report billable vs. unbillable servers, servers with CHR agents installed, servers backup plan, server patching plan, and server hostname/OS/IP to CC IT leaders. Billing for the monthly service is in the rears and will commence on the first of each month. Additional agents may be installed on CC systems for management by CC and exclude management and support by CHR. CHR must be notified of any such CC added systems in order to properly document support services.

Customer Acceptance — Initials: _______

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Bryan Christensen 2/14/2023

Attachment A Amended Budget - Fiscal Year December 2024 Resolution No.: 24-___027___

Fund

Dept

Bars

Account

2024 Budget

Description

Amended Budget

Inc/Dec +/(-)

Fund/Dept Subtotal

Total

GENERAL FUND: ADJUSTMENTS TO EXPENDITURES & ANTICIPATED REVENUES General Fund Estimated Ending Fund Balance 00199 005100 5081000 5081000 Ending Unreserved Fund Balance Total Increase/(Decrease) General Fund Ending Fund Balance: Sheriff 00199 00199 00199 00199 00199 00199 00199 00199 00199 00199 00199 00199 00199 00199 00199 00199 00199 00199 00199 00199 00199 00199 00199 00199 00199

105100 105100 105100 105100 105100 105100 105100 105100 105100 105100 105100 105100 105100 105100 105100 105100 105100 105100 105100 105100 105100 105100 105100 105100 105100

5211000 5211000 5211000 5211000 5211000 5211000 5211000 5942100 5231000 5231000 5231000 5231000 5231000 5231000 5231000 5231000 5231000 5231000 5641000 5641000 5641000 5641000 5641000 5641000 5211000

Non Departmental 00199 155100 5970010

Parks & Rec 00199 235100 00199 235100

5768100 5768100

7,229,835

7,166,289

(63,546) (63,546)

5350100 Small Tools & Minor Equipment 5410100 Professional & Contract Svc 5415000 Intergovernmental Services 5440100 Advertising 5450200 Equipment Rent - Outside 5490400 Dues & Subscriptions 5492000 Other 5640100 Machinery & Equipment 5108800 Training Pay 5108900 Trainer Pay - OT 5310100 Office Supplies 5410100 Professional & Contract Svc 5420400 Telephone 5430100 Meals & Lodging 5430200 Mileage 5430700 Tuition & Registration 5431000 Airfare 5492000 Other 5100400 Holidays 5200200 Medical Insurance 5310100 Office Supplies 5410100 Professional & Contract Svc 5480100 Repairs & Maintenance 5640400 Computer Software/Hardware 5450609 InternalsServFd-MP Rent-Monthly Subtotal Expenditure Increase/(Decrease):

260,533 610,000 556,000 500 500 40,000 16,000 95,000 300 0 1,500 2,000 1,500 1,000 300 1,500 600 200 4,000 37,000 150 500 500 350 953,400

5090100 Transfers Out Subtotal Expenditure Increase/(Decrease):

1,674,499

5108000 Extra Help Payroll 5109600 Standby Time

420,192 472,000 478,819 0 0 27,000 10,000 5,622 150 150 500 11,800 500 200 100 500 0 0 0 41,000 1,500 0 0 0 1,118,400

159,659 (138,000) (77,181) (500) (500) (13,000) (6,000) (89,378) (150) 150 (1,000) 9,800 (1,000) (800) (200) (1,000) (600) (200) (4,000) 4,000 1,350 (500) (500) (350) 165,000 5,100

1,734,253

59,754 59,754

20,000 11,000

23,292 12,500

3,292 1,500

Subtotal Expenditure Increase/(Decrease):

4,792

GRAND TOTAL GENERAL FUND EXPENSES

69,646

REVENUES - GENERAL FUND 00199 00199 00199

105100 105100 105100

3025910 3092400 3024900

3229000 Dangerous Dog Permits 3421000 Law Enforcemnt Services 3699100 Other Misc Revenue Subtotal Revenue Increase/(Decrease):

0 30,000 3,500

1,000 33,000 5,600

1,000 3,000 2,100 6,100

GRAND TOTAL GENERAL FUND REVENUES

6,100 (63,546)

2024 Budget Amendment

Page 1 of 3

December 2024

Resolution No.: 24-___027___

Fund

Dept

Bars

Account

2024 Budget

Description

Amended Budget

Inc/Dec +/(-)

Fund/Dept Subtotal

OTHER FUNDS: ADJUSTMENTS TO EXPENDITURES & ANTICIPATED REVENUES Auditor's O&M Expense 14601 055100 5142300 14601 055100 5142300 14601 055100 5081000

5108000 Extra Help Payroll 5200300 Social Security 5081000 Ending Fund Balance Subtotal Expenditure Increase/(Decrease):

Budget Stabilization Fund Revenue 19501 075100 3048200 3970001 Operating Transfers In

10,000 700 529,661

13,000 900 526,461

3,000 200 (3,200) 0

550,000

609,754

59,754 59,754

Budget Stabilization Fund Expense 19501 075100 5081000 5081000 Ending Fund Balance

2,649,917

2,709,671

59,754 59,754

Superior Crt Law Lib Expense 12201 240100 5722000 5310100 Office Supplies 12201 240100 5081000 5081000 Ending Fund Balance

30,620 214,762

36,745 208,637

6,125 (6,125) 0

Emergency Management Revenue 41401 530100 3382510 3382510 SG State Military Dept Extreme Weather Response Subtotal Revenue Increase/(Decrease):

0

25,000

Information Technology Revenue 50201 490100 3048100 3970001 Transfer In Subtotal Revenue Increase/(Decrease):

390,000

Information Technology Expense 50201 490100 5188000 5350300 Minor Equipment 50201 490100 5188000 5410100 Professional & Contract Svc Subtotal Expenditure Increase/(Decrease):

382,289 160,000

Information Technology Reserve Expense 50202 490100 5081000 5081000 Ending Fund Balance 50202 490100 5970020 5090200 Transfers Out Intrafund Subtotal Expenditure Increase/(Decrease):

4,963,929 50,000

Motor Pool Revenue 50501 505100 8010700

Motor Pool Expense 50501 505100 5081000

Liability Claims Revenue 50701 495100 3048200

29,500 29,500

Emergency Management Expense 41401 530100 5251000 5410100 Professional & Contract Svc Subtotal Expenditure Increase/(Decrease):

Risk Management Expense 50301 495100 5191000 50301 495100 5970020

29,500

54,500

29,500 29,500

594,537

204,537 204,537

5410100 Professional & Contract Svc 5090200 Transfers Out Intrafund Subtotal Expenditure Increase/(Decrease):

555,487 191,339

173,198 31,339 204,537

4,759,392 254,537

(204,537) 204,537 (204,537)

92,527 0

62,527 30,000

(30,000) 30,000 0

3480000 Internal Service Funds Sales Subtotal Revenue Increase/(Decrease):

1,342,263

5081000 Ending Fund Balance Subtotal Expenditure Increase/(Decrease):

3,252,664

1,507,263

165,000 165,000

3970001 Operating Transfers In

3,417,664

165,000 165,000

0

30,000

30,000 30,000

Liability Claims Expense 50701 495100 5191000

5492000 Other

284,771

314,771

30,000 30,000

2024 Budget Amendment

Page 2 of 3

December 2024

Total

Resolution No.: 24-___027___

Fund

Dept

Bars

Account

Elections Expense 51001 520100 5144000 51001 520100 5144000 51001 520100 5144000 51001 520100 5081000

2024 Budget

Description

5315600 Software Maintenance 5413500 Temp Services 5420300 Postage 5081000 Ending Fund Balance Subtotal Expenditure Increase/(Decrease):

Law Enforcement Records Expense 51301 545100 5211000 5100200 Vacation 51301 545100 5211000 5100300 Sick Leave 51301 545100 5211000 5100700 Severence Subtotal Expenditure Increase/(Decrease):

2024 Budget Amendment

Page 3 of 3

60,000 120,000 85,000 212,064

Amended Budget

72,000 200,000 104,000 101,064

Inc/Dec +/(-)

Fund/Dept Subtotal

12,000 80,000 19,000 (111,000) 0

0 0 22,162

11,081 11,081 0

11,081 11,081 (22,162) 0

December 2024

Total

BEFORE THE BOARD OF COMMISSIONERS

OF COWLITZ COUNTY, WASHINGTON

A Resolution in the Matter of Setting Successive Public ) Hearings to Consider amending portions of Chapter 6.12 ) ) Cowlitz County Code, Animal Control, and to shift portions thereof into a new Chapter 6.13 of County Code ) ) Dangerous Animals, and add procedural references ) to both within Chapter 2.05

Resolution No.

IT IS HEREBY RESOLVED by the Board of Commissioners of Cowlitz County, Washington, in a public meeting assembled in the Administration Building of said county, that successive public hearings be , beginning at the hour of 9:45 a.m. . to amend Chapter 6.12 of held on 12/10/2024 County Code, Animal Control, and to consider creating a new Chapter 6.13 of County Code for Dangerous Animals, and to add references to both within Chapter 2.05 of County Code.

IT IS FURTHER RESOLVED, that the Clerk of said Board forthwith give at least ten (10) days’ notice of said hearing as required by law.

APPROVED IN OPEN SESSION THIS _ day of

, 2024.

BOARD OF COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

ATTEST:

Richard R. Dahl, Chairman

Clerk of the Board

Dennis P. Weber, Commissioner

Arne Mortensen, Commissioner

December 10 November 19

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON Creating a New Chapter of Cowlitz County Code ) Chapter 6.13 and Entitled Dangerous Animals, and ) Ordinance No. 24 - _________________ Adding a Procedural Reference in Chapter 2.05 ) of the County Code ) WHEREAS, the Board of County Commissioners (Board), pursuant to RCW 36.32.120 and Title 16 RCW had previously adopted Ch 6.12, currently named “Animal Control” to the Cowlitz County Code (“CCC”), with procedures and processes thereto; and WHEREAS, the Board, pursuant to RCW 36.32.120 and Ch. 1.01 CCC, “Code Adoption” has determined for procedural efficiency and clarity in execution it should consider removing certain sections from Ch. 6.12 CCC, recodifying and supplementing into a new Code chapter; and WHEREAS, the Cowlitz County Sheriff Office and the Animal Control Authority attended a regular Board workshop for this proposed new Code chapter on June 3, 2024, where the Board considered the proposal for recodification of certain sections of Ch. 6.12 CCC pertaining to dangerous animals and the adoption of a new Code chapter Ch. 6.13 CCC for procedural efficiency and clarity in execution and to reflect current legal trends, recent changes in State legislation; and WHEREAS, the Board held a public hearing on December 10, 2024 at 9:45 a.m. to hear public commenton these proposed recodifications and amendments to the Code; and WHEREAS, the Board finds that it is in the best interest of the public to adopt the new Chapter 6.13 to such procedural recodifications and process amendments as would segregate and recodify the Dangerous Animal sections into a new Chapter 6.13 CCC; NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners that: Section 1. There is hereby created and adopted a new Chapter 6.13 CCC, entitled “Dangerous Animals”, as set forth below: 6.13.010 Purpose The purpose of this chapter is to work within the framework of CCC 6.12 and RCW 16.08 to protect the public health, safety, and welfare by regulating “potentially dangerous animals” and “dangerous animals” within Cowlitz County, thereby encouraging responsible animal ownership.

6.13.020 Scope

ORDINANCE NO. CH. 16.13 DANGEROUS ANIMALS

PAGE 1

The provisions of this chapter shall be effective in and throughout Cowlitz County, Washington.

6.13.030 Definitions (1) “Animal control authority” means the Cowlitz County Sheriff or its designee acting to enforce the animal control laws of Cowlitz county and State of Washington.

(2) “Animal control officer” means any individual deputized or authorized by the Cowlitz County Sheriff or its designee for the limited purpose of enforcing any title pertaining to animals and the laws of the State of Washington as they pertain to animal control and welfare. This term as used throughout this chapter or CCC 6.12 shall not be construed to limit the authority of any fully commissioned law enforcement officer.

(3) “Dangerous animal” means any animal that, when unprovoked: a. Inflicts severe injury on a human being without provocation on public or private property; or b. Kills a domestic animal or livestock, except nondomestic poultry or rabbit, without provocation while off the owner’s property; or c. Has been previously found to be potentially dangerous because of injury inflicted on a human, and the owner having received notice of such and the animal again aggressively bites, attacks or endangers the safety of humans.

(4) “Potentially dangerous animal” means any animal that, when unprovoked: a. Inflicts bite(s) on a human, domestic animal, or livestock either on public or private property; or b. Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack unprovoked, or to cause injury or otherwise to threaten the safety of humans or domestic animals.

(5) “Proper enclosure of a dangerous animal” means, while on the owner’s property, a dangerous animal shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the animal.

(6) “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

6.13.040 Declaration and determination of potentially dangerous animal The animal control authority may find and declare an animal potentially dangerous if it has probable cause to believe that the animal falls within the definition set forth in [CCC 6.13.030]. “Probable cause” means a reasonable belief in the existence of facts to support the definition of “potentially dangerous animal.” This may be based on, but is not limited to, the following: a) The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition in CCC 6.13.010; or ORDINANCE NO. CH. 16.13 DANGEROUS ANIMALS

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(b) Animal bite reports filed with the animal control authority as required by the ordinance codified in this chapter or state law; or (c) Actions of the animal witnessed by any animal control officer or law enforcement officer; or (d) The designation by another animal control authority pursuant to Chapter 16.08 RCW; or (e) Other substantial credible evidence.

The declaration shall be served upon the owner or keeper either personally or by certified mail to the last known address. The declaration shall state at least: (a) A description of the animal; (b) The name and address of the owner or keeper of the animal, if known; (c) The whereabouts of the animal if it is not in the custody of the owner; (d) The facts upon which the declaration is based; (e) The availability of a hearing in case the owner objects to the declaration, if a request is made within ten (10) days; (f) The restrictions placed on the animal as a result of the declaration; (g) The penalties for violation of the restrictions, including the possibility of destruction of the animal, and imprisonment or fining of the owner.

If the owner of the animal wishes to object to the declaration of potentially dangerous animal the owner may, within five (5) working days of receipt of the declaration, or within five (5) working days of the publication of the declaration, request a hearing by submitting a written appeal to the animal control authority.

6.13.050 Potentially Dangerous Animals—exceptions It is unlawful for any person to be an owner of an animal the animal control authority has declared to be a potentially dangerous animal, unless the owner complies with the following requirements: 1. The animal shall be registered with the animal control authority as a potentially dangerous animal. The necessary fees under CCC 6.12.160 must be paid.

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2. The animal shall be fitted with a microchip, encoding the county, state, and such other information as may be required by the animal control authority to provide positive identification of the animal.

3. The animal shall at all times wear a distinctive collar that denotes the animal’s classification and that is approved by the animal control authority.

The owner of a potentially dangerous animal shall notify the animal control authority before moving an animal from its registered address, except for temporary boarding at a registered kennel or animal shelter. If the animal dies, the owner shall notify the animal control authority within four (4) days of the animal’s death.

6.13.060 Dangerous Animal declaration An animal may be declared dangerous if the animal control authority proves at a hearing by preponderance of the evidence that the animal meets the definition of a “dangerous animal” under this chapter. “Preponderance of the evidence” means that considering all the evidence, it is more probably true than not true that the “dangerous animal” definition has been met.

No animal shall be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the animal, or was tormenting, abusing, or assaulting the animal or has, in the past, been observed or reported to have tormented, abused, or assaulted the animal or was committing or attempting to commit a crime.

6.13.070 Dangerous Animal Review Board A quasi-judicial citizens’ panel, the Dangerous Animal Review Board, shall preside over a hearing to determine dangerous animal designations. This board shall consist of five (5) members from the community. Each member shall be appointed by the Board of County Commissioners. The members shall be appointed in an effort to ensure a broad range of local opinion, experience, and expertise with animals, animal ownership, and shall be free of any conflict of interest. No employee of Cowlitz County or Cowlitz County Animal Control shall serve as a member of this board. The terms shall be for a period of four (4) years or until successors are appointed thereafter. These positions are voluntary.

The Dangerous Animal Review Board may adopt rules to assist conducting hearings fairly and efficiently.

The Animal Control Authority shall supply an employee to serve as clerk to the board. If no board is created, and a hearing is required, the Animal Control Authority or his designee shall hold and preside over a hearing to determine whether an animal is dangerous.

The hearing determining whether an animal is dangerous shall be open to the public and shall be held on the record, either by use of a court certified transcriptionist or by reliable means of electronic audio recording. Any recording of a proceeding shall be maintained by the animal control authority for no less than six (6) years and shall be a public record.

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(1) The board, through its clerk, is authorized to issue subpoenas for witnesses related to dangerous animal hearings. Such subpoenas shall be valid for the named witness when the named witness is served within the unincorporated areas of Cowlitz County. Witness fees shall be paid by the party requesting the subpoena in an amount consistent with witness fees assessed in civil matters in the Cowlitz County district court; provided, that no party to the action may collect a witness fee.

(2) Every subpoena shall identify the party requesting issuance of the subpoena and shall state the name of the board and the title of the proceeding and shall command the person to whom it is directed to attend and give testimony or produce designated books, documents, or things under his or her control. (a) A subpoena to a person to provide testimony at a hearing shall specify the time and place set for the hearing. (b) A subpoena duces tecum requesting a person to produce designated books, documents, or things under his or her control shall specify a time and place for producing the books, documents, or things. That time and place may be the time and place set for hearing, or another reasonably convenient time and place in advance of the hearing.

(3) A subpoena may be served by any suitable person over 18 years of age who is not a party to the action, by exhibiting and reading it to the witness, or by giving him or her a copy thereof, or by leaving such copy at the place of his or her abode. When service is made by any other person than an officer authorized to serve process, proof of service shall be made by affidavit or declaration under penalty of perjury.

(4) The board, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (a) quash or modify the subpoena if it is unreasonable and oppressive or (b) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things.

(5) If a witness under subpoena fails or refuses to attend the hearing, provide testimony, or produce the items as commanded, the board may request that the witness be held in contempt for failure to obey the subpoena.

6.13.090 Dangerous Animal determination hearing (1) Initiation of process: the animal control authority may initiate the designation of a dangerous animal by giving the owner or person in control of such animal notice that probable cause exists to believe the animal is dangerous and that a hearing to determine whether the animal will be declared dangerous will be held.

(2) Notice: Notice of the dangerous animal declaration hearing may be served by (a) personal service on the animal’s owner or keeper or by (b) certified mail, which includes a copy of the notice to the owner or keeper’s last known address. Notice must be given at least 10 calendar days prior to the hearing, plus an additional three (3) calendar days if notice is served by mail. The date of service or deposit in the mail and the date of the hearing ORDINANCE NO. CH. 16.13 DANGEROUS ANIMALS

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shall not be calculated as one of the 10 calendar days nor as one of the additional days if service is by mail. The hearing must be scheduled no more than 90 calendar days from the date of service unless a continuance is warranted.

(3) Contents of Notice: The notice must include the following a. The date, time, and location of the hearing; b. Notice that the owner or keeper may be represented by a lawyer at the hearing; c. Notice that the owner or keeper is entitled to any report generate by the Animal Control Authority related to the facts at issue; d. Notice that the owner or keeper may call witnesses to testify, and that he or she may cross-examine any witnesses called by Animal Control Authority; e. Notice that failure to appear for the hearing may result in a default judgment against the owner or keeper; and f. Notice that an adverse finding may be appealed in accordance with this chapter.

(4) The Dangerous Animal Review Board shall hear any case presented.

(5) The Animal Control Authority may be represented by an employee of the Animal Control Authority or by the Cowlitz County Prosecuting Attorney. The owner or keeper of the animal may represent himself or herself or may be represented by an attorney.

(6) The Animal Control Authority and the animal’s owner or keeper shall have an opportunity to call witnesses, present evidence, and make arguments. The board shall have the power to subpoena witnesses for the hearing at the request of the parties.

Anyone whose person or property was allegedly injured during the incident(s) giving rise to the allegations shall have a right to make a statement to the board during the hearing.

(7) Evidence: any evidence, including hearsay evidence, is admissible so long that it is relevant, and the kind of evidence reasonably prudent persons are accustomed to rely on.

Evidence that is irrelevant, repetitious, or a waste of time may be excluded. Any documentary evidence must be marked and identified on the record.

(8) Failure of the owner or keeper to appear at the hearing shall result in a default judgment in favor of a final designation as dangerous.

(9) At the conclusion of the hearing, the board members may privately deliberate before announcing their decision. Their decision shall be announced on record, with reference to factual reasons supporting either a finding the animal control authority met its burden or did not meet its burden. In the event a tie vote occurs, the animal control authority will review the record and cast a deciding vote. The board shall make a written order confirming its decision and the basis for that decision.

(10) The written order shall be served on both parties either personally or by certified mail to the party’s last known address. The order shall be final 10 days following service, unless appealed or stayed. Once final, the order may not be collaterally attacked in any future proceeding within this or any other chapter.

(11) Following service of a declaration, and pending appeals under this section, the animal protection and control program may, if circumstances require, impound the animal at the owner’s expense, pursuant to the provisions of this title.

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6.13.100 Dangerous Animal Designation –Civil Penalty (1) The owner or keeper of an animal which has been declared dangerous pursuant to this chapter or was declared dangerous in another jurisdiction with a substantially similar designation shall, within five (5) business days of the designation in Cowlitz County or within five business days of moving into Cowlitz County from another jurisdiction, do one of the following: (a) Yearly obtain a certificate of compliance from the animal control authority or its designee, certifying compliance with the dangerous animal designation requirements; (b) Provide proof to the Animal Control Authority or its designee that the owner or keeper has humanely destroyed the animal; or (c) Provide proof Animal Control Authority or its designee that the owner or keeper has permanently removed the animal from Cowlitz County and has identified the animal in compliance with this section.

(2) Certificate of Compliance. The Animal Control Authority or its designee shall issue a certificate of compliance certifying compliance with the dangerous animal designation requirements under this chapter, upon proof that the owner or keeper of a dangerous animal has: (a) Paid the yearly registration fee in an amount as published in the fee schedule published pursuant to CCC 6.12.160; (b) Arranged for a proper enclosure for the animal; (c) Provided the Animal Control Authority or designee an affidavit stating that the animal will be maintained in the proper enclosure; (d) Posted clearly visible warning signs at all points of ingress and egress to the property that there is a dangerous animal on the property, including imagery that informs all people of the presence of a dangerous animal; (e) Identified the animal in compliance with this section; (f) Provided the Animal Control Authority or its designee with veterinary records indicating that the animal is current on all vaccinations against diseases potentially harmful to humans or animals; and (g) Obtained a current bond or insurance which extends for a period of not less than the duration of the certificate of compliance, and which covers injury or damage caused by the dangerous animal, whether on or off the owner’s or keeper’s real property, in an amount not less than $500,000.

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(3) Identification. The owner or keeper of an animal which has been declared dangerous pursuant to this chapter or was declared dangerous in another jurisdiction with a substantially similar designation shall, within five business days of the designation in Cowlitz County or within five days of moving into Cowlitz County from another jurisdiction, have the dangerous animal permanently identified by microchip. The Animal Control Authority may, but is not required to, provide for alternative methods of identification if appropriate and upon request of the owner or keeper. Additionally, the designated animal shall be fashioned at all times with a collar identifying it as a dangerous animal.

(4) Penalty. Any owner or keeper who is found, by a preponderance of the evidence, to have violated any portion of this section shall be subject to a civil penalty as follows: 1. Violations of CCC 6.13.050 or 6.13.100: a. First offense $250.00 b. Second offense in 12-month period $500.00 c. Third offense in a 12-month period $750.00 A collateral attack on the underlying dangerous animal provision shall not be permitted during an enforcement action under this subsection: The issue shall be limited to whether this section was violated.

(5) Impoundment. Upon probable cause that a violation of this section has occurred, the animal may be impounded under an administrative warrant issued pursuant to this chapter and held pending an impound hearing under CCC 6.13.140, regardless of whether the violator is cited for any civil or criminal violation under this chapter or any other chapter.

6.13.110 Dangerous Animal Designation—Criminal Penalty Upon probable cause, any dangerous animal shall be immediately confiscated by an Animal Control Authority or any fully commissioned deputy if the (a) animal is not validly registered with the animal control authority under CCC 6.13.100; (b) owner does not secure the liability insurance coverage required under CCC 6.13.100; (c) the animal is not maintained in the proper enclosure; or (d) the animal is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of the responsible person, or (e) the animal is outside of the dwelling or the proper enclosure with a responsible person and not fashioned with a properly fitted muzzle. The owner must pay the costs of confinement and control. The Animal Control Authority must serve notice upon the animal owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous animal, that the owner is responsible for payment of the costs of confinement and control, and that the animal will be destroyed in an expeditious and humane manner if the deficiencies for which the animal was confiscated are not corrected within twenty days. The Animal Control Authority shall destroy the confiscated dangerous animal in an expeditious

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and humane manner if any deficiencies required by this subsection are not corrected within twenty (20) days of notification.

Additionally, any owner or keeper who is found, beyond a reasonable doubt, to have violated any portion of this section shall be guilty of a gross misdemeanor, punishable by imprisonment in the county jail for a maximum term fixed by the court of up to 364 days, or by a fine in an amount fixed by the court of not more than $5,000 plus statutory assessments, or by both such imprisonment and fine. A collateral attack on the underlying dangerous animal provision shall not be permitted during an enforcement action under this subsection: The issue shall be limited to whether this section was violated.

(3) Impoundment. Notwithstanding any other effort of confiscation, upon probable cause that the crime in this section has occurred, the animal may be impounded under an administrative warrant issued pursuant to this chapter and held pending an impound hearing, regardless of whether the violator is cited for any civil or criminal violation under this chapter.

6.13.120 Restitution Upon conviction for any criminal law violation of this chapter, the defendant shall be liable to Cowlitz County for all costs actually incurred in the investigation and prosecution of the case, including, but not limited to the costs of transporting and housing the animal, any veterinary costs, and other incidental costs.

6.13.130 Administrative Impoundment Warrant Following the determination that animal is potentially dangerous or dangerous, the Animal Control Authority may seek a warrant to enter the premises of the animal’s an owner or keeper to ensure compliance with this code and RCW 16.08.

(1) A judge of a Cowlitz County Superior Court or a judge of the Cowlitz County District Court, upon proper oath or affirmation showing probable cause, may issue a warrant for the purpose of entering and inspecting real or personal property to effectuate the seizure and impoundment of an animal kept or acquired in violation of this chapter. For purposes of the issuance of any warrant, probable cause exists upon a showing under oath or affirmation that the owner or keeper of an animal is in civil or criminal violation of this chapter.

(2) A warrant shall issue only upon application by sworn affidavit of (a) the prosecuting attorney or his or her deputy or (b) a fully commissioned law enforcement officer or (c) an animal control officer. The affiant must have knowledge of the facts alleged and establish the grounds for issuing the warrant. If the judge is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he or she shall issue a warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of the inspection, and a description of the animal to be seized and impounded. The warrant shall: (a) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof; ORDINANCE NO. CH. 16.13 DANGEROUS ANIMALS

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(b) Be directed to any peace officer in Cowlitz County, Washington, to execute it; (c) Command the person to whom it is directed to enter the area, premises, building, or conveyance identified for the purpose of seizing and impounding the animal; (d) Identify the animal to be seized and impounded; and (e) Direct that it be served and designate the judge to whom the warrant shall be returned.

(3) A warrant issued pursuant to this section must be executed and returned within 10 calendar days of its issue date unless, upon a showing of a need for additional time, the court orders otherwise. If the animal is impounded pursuant to a warrant, a copy shall be given to the person from whom or from whose premises the animal is taken, together with a receipt for the animal taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any animal taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one credible person other than the person executing the warrant. A copy of the inventory shall be delivered to the person from whom or from whose premises the animal was taken and to the applicant for the warrant.

(4) The judge who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of the court.

(5) Notwithstanding any other provision in this chapter, the availability of an administrative warrant shall not be construed to limit the ability of a court of competent jurisdiction to issue a warrant or other order which would otherwise ordinarily be available.

(6) If an animal is impounded pursuant to a warrant issued under this section for an alleged violation of the civil or criminal dangerous animal requirements in CCC 6.13 and 6.12, the animal shall be held pending the opportunity for an impound hearing under CCC 6.13.140. If an animal is impounded pursuant to a warrant issued under this section for some other reason, the provisions of CCC 6.12.220 instead apply.

(7) The owner or keeper of any animal impounded under this section is responsible for all costs of confinement and control.

6.13.140 Impound hearing following seizure by administrative warrant (1) Right to Impound Hearing. Whenever an animal is impounded pursuant to an administrative warrant issued pursuant to CCC 6.13.130, the person from whom the animal was taken and or the owner or keeper of the animal, if they are not the same individual, has a right to a hearing.

(2) Notice of Hearing. Written notice shall be given to the appropriate party at the execution of the administrative warrant or within five (5) business days, either by personal service or by certified mail to the party’s last known address. Failure to provide timely notice shall not be ORDINANCE NO. CH. 16.13 DANGEROUS ANIMALS

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grounds to invalidate the animal’s impoundment but shall require the animal be kept at the animal control authority’s expense for any period of times prior to service of proper notice.

(3) Request of Hearing. A party with a right to hearing may request one in writing from the Cowlitz County District Court which has jurisdiction pursuant to RCW 3.66.020(2) and (11) and this chapter, so long as that request is made within 10 days of service of notice. If the impounded animal’s market value exceeds the district court jurisdiction, the district court shall transfer the case to Cowlitz County Superior Court. Failure to request a hearing within 10 days shall result in the animal being humanely destroyed and shall result in the owner or keeper being financially and civilly obligated for the period of shelter and quarantine, as well as the destruction of the animal.

(4) Time for Hearing. The hearing shall occur within 10 calendar days following the receipt of the request and shall be continued only on good cause relating to proof on the merits, not merely for convenience. Failure to hold the hearing within the specified time is not grounds to invalidate the impoundment.

(5) Hearing. The impound hearing shall be a commonsense hearing before a judicial officer, on the record and open to the public. It shall be conducted as directed in RCW 12.40.080.

The court shall decide whether there was a violation under this chapter, either civil or criminal, and whether the administrative warrant was lawfully issued and served. The Animal Control Authority must prove both by a preponderance of the evidence. The court shall not decide any issue other than those listed in this section.

(6) Effect of Decision. If the court finds the violation and upholds the lawful issuance and service of the warrant, the party requesting the hearing, and or the animal’s owner or keeper, shall be stripped of all ownership interest in the animal and the animal shall be humanely destroyed as provided in subsection (7) of this section. Further, the party requesting the hearing and or the animal’s owner or keeper shall be financially and civilly obligated for the period of shelter and quarantine, as well as the destruction of the animal. If the court does not find the violation or does not uphold the warrant’s issuance or service, the animal shall be returned to the party requesting the hearing or the animal’s owner or keeper, but the dangerous animal designation shall remain.

(7) Humane destruction of Animal. An animal subject to this subsection shall be humanely destroyed within 10 business days of the court’s decision, except as follows: (a) Material Criminal Evidence. If the animal is material evidence in a criminal charge under CCC 6.13.100, and documentation of the animal’s physical characteristics or other features will not suffice to preserve the animal’s evidentiary value, the court may at the impound hearing order that the animal be boarded by the animal control authority pending the outcome of the criminal case. The boarding shall be at the expense of the party seeking to offer the animal as evidence. A bond for the continued minimal care and shelter during the duration of the criminal case may be required.

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(b) Commutation. Upon motion by any person or entity at the impound hearing, the court may hear evidence that the animal, notwithstanding its dangerousness, can be safely kept by that person or entity at private expense under conditions that will prevent any harm to the public. The parties shall have an opportunity to respond to and/or rebut such evidence. If, by clear and convincing evidence, the person or entity demonstrates such training and facilities as are necessary to eliminate the animal’s risk to the public or other domestic animals, the court may award custody of the animal to the person or entity. The court shall require that the person or entity pay the animal control authority’s and animal shelter’s expenses in impounding and boarding the animal before taking custody; if such payment is not made within 10 business days of when the amount is communicated to the party or entity seeking custody, the animal shall be humanely destroyed.

(8) There is not a right of appeal from a court decision in this section.

6.13.150 Dangerous Animal Appeal procedure The order entered by the board under CCC 6.13.090 shall remain effective upon service notwithstanding appeal, however an owner may seek a stay of the order declaring an animal dangerous pending that appeal. That motion shall be decided by a hearing examiner as soon as reasonably practicable. The motion for stay shall itself stay the order declaring the animal dangerous until decided by the hearing examiner, after which the hearing examiner’s decision shall control.

Upon payment of a filing fee prescribed under CCC 2.05 any aggrieved person, owner or keeper of an animal, may appeal an order filed by the board to the hearing examiner pursuant to CC 2.05.010. The review of the issues shall be de novo; new evidence may be presented in writing, but no new oral testimony may be taken. The hearing examiner’s decision may be appealed pursuant to CCC 2.05.060. This does not provide a collateral attack on the underlying decision made by the board.

If neither appealed nor stayed, the order issued under CCC 6.13.090 declaring the animal dangerous shall be final 10 calendar days following service.

6.13.160 Rescinding Dangerous Animal Designation The owner or keeper of an animal that has been declared dangerous but, based on old age and condition, no longer poses any danger to persons or property may submit a written request to the animal control authority asking that the dangerous animal designation be rescinded. The written request must include an opinion from a licensed veterinarian substantiating the animal’s age and condition. Upon receipt of the request and a fee equivalent to that of an annual registration for a dangerous animal, the Animal Control Authority will refer the request to the Dangerous Animal Review Board to determine whether it is appropriate or not.

The Animal Control Authority may view the animal and provide a report to the Dangerous Animal Review Board. The board may rescind the designation if it meets the standard set forth in this provision.

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Section 2. CCC 2.05.010(B) is hereby amended and supplemented, as set forth below: 25. Ma ers prescribed by Chapter 6.13 CCC, Dangerous Animals.

Section 3. Codification. Only Section 1 and 2, above of this Ordinance shall be codified.

Section 4. Severability. The provisions of this ordinance are declared separate and severable.

If any section, paragraph, clause, or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Commissioners hereby declares that it would have passed this ordinance and each section, paragraph subsection, clause or phrase thereof irrespective of the fact that any one or more sections, paragraph subsections, clauses or phrases may subsequently be found to be unconstitutional or invalid.

Section 5. Effective Date. These regulations are in the public interest and shall take effect immediately upon adoption by the Board.

PASSED IN REGULAR SESSION THIS ___ day of____________, 2024, after a public hearing was held on December 10, 2024, pursuant to Notice published in the Longview Daily News on November 19, 2024.

APPROVED AS TO FORM: RYAN JURVAKAINEN, Prosecuting Attorney

BOARD OF COUNTY COMMISSIONERS COWLITZ COUNTY, WASHINGTON

____________________________________ Civil Deputy

________________________________ Richard Dahl, Chairman

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ATTEST:

_________________________________ Arne Mortensen, Commissioner

_____________________________________ Kelly Grayson, Clerk of the Board

__________________________________ Dennis P. Weber, Commissioner

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